[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[House]
[Pages H8176-H8179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PEACE THROUGH NEGOTIATIONS ACT OF 2000
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5272) to provide for a United States response in the event
of a unilateral declaration of a Palestinian state, as amended.
The Clerk read as follows:
H.R. 5272
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peace Through Negotiations
Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Resolving the political status of the territory
controlled by the Palestinian Authority is one of the central
issues of the Arab-Israeli conflict.
(2) The Palestinian threat to declare an independent state
unilaterally constitutes a fundamental violation of the
underlying principles of the Oslo Accords and the Middle East
peace process.
(3) On March 11, 1999, the Senate overwhelmingly adopted
Senate Concurrent Resolution 5, and on March 16, 1999, the
House of Representatives adopted House Concurrent Resolution
24, both of which resolved that: ``any attempt to establish
Palestinian statehood outside the negotiating process will
invoke the strongest congressional opposition.''.
(4) On July 25, 2000, Palestinian Chairman Arafat and
Israeli Prime Minister Barak issued a joint statement
agreeing that the ``two sides understand the importance of
avoiding unilateral actions that prejudice the outcome of
negotiations and that their differences will be resolved in
good-faith negotiations''.
SEC. 3. POLICY OF THE UNITED STATES.
It shall be the policy of the United States to oppose the
unilateral declaration of a Palestinian state, to withhold
diplomatic recognition of any Palestinian state that is
unilaterally declared, and to encourage other countries and
international organizations to withhold diplomatic
recognition of any Palestinian state that is unilaterally
declared.
SEC. 4. MEASURES TO BE APPLIED IF A PALESTINIAN STATE IS
UNILATERALLY DECLARED.
(a) Measures.--Notwithstanding any other provision of law,
beginning on the date that a Palestinian state is
unilaterally declared and ending on the date such unilateral
declaration is rescinded or on the date the President
notifies the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Relations of the Senate that an agreement between Israel and
the Palestinian Authority regarding the establishment of a
Palestinian state has been concluded, the following measures
shall be applied:
(1) Downgrade in status of palestinian office in the united
states.--
(A) Section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) as
enacted on December 22, 1987, shall have the full force and
effect of law, and shall apply notwithstanding any waiver or
suspension of such section that was authorized or exercised
subsequent to December 22, 1987.
[[Page H8177]]
(B) For purposes of such section, the term ``Palestine
Liberation Organization or any of its constituent groups, any
successor to any of those, or any agents thereof'' shall
include the Palestinian Authority and the government of any
unilaterally declared Palestinian state.
(C) Nothing in this paragraph shall be construed to
preclude--
(i) the establishment or maintenance of a Palestinian
information office in the United States, operating under the
same terms and conditions as the Palestinian information
office that existed prior to the Oslo Accords; or
(ii) diplomatic contacts between Palestinian officials and
United States counterparts.
(2) Prohibition on united states assistance to a
unilaterally declared palestinian state.--United States
assistance may not be provided to the government of a
unilaterally declared Palestinian state, the Palestinian
Authority, or to any successor or related entity.
(3) Prohibition on united states assistance to the west
bank and gaza.--United States assistance (except humanitarian
assistance) may not be provided to programs or projects in
the West Bank or Gaza.
(4) Authority to withhold payment of united states
contributions to international organizations that recognize a
unilaterally declared palestinian state.--The President is
authorized to--
(A) withhold up to 10 percent of the United States assessed
contribution to any international organization that
recognizes a unilaterally declared Palestinian state; and
(B) reduce the United States voluntary contribution to any
international organization that recognizes a unilaterally
declared Palestinian state up to 10 percent below the level
of the United States voluntary contribution to such
organization in the fiscal year prior to the fiscal year in
which such organization recognized a unilaterally declared
Palestinian state.
(5) Opposition to lending by international financial
institutions.--The Secretary of the Treasury shall instruct
the United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) to use the
voice, vote, and influence of the United States to oppose--
(A) membership for a unilaterally declared Palestinian
state in such institution, or other recognition of a
unilaterally declared Palestinian state by such institution;
and
(B) the extension by such institution to a unilaterally
declared Palestinian state of any loan or other financial or
technical assistance.
(6) Limitation on use of funds to extend united states
recognition.--No funds available under any provision of law
may be used to extend United States recognition to a
unilaterally declared Palestinian state, including, but not
limited to, funds for the payment of the salary of any
ambassador, consul, or other diplomatic personnel to such a
unilaterally declared state, or for the cost of establishing,
operating, or maintaining an embassy, consulate, or other
diplomatic facility in such a unilaterally declared state.
(b) Suspension of Measures.--
(1) In general.--The President may suspend the application
of any of paragraphs (3) through (5) of subsection (a) for a
period of not more than one year if, with respect to the
suspension of the application of each such paragraph, the
President determines and certifies to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate that such
suspension is in the national security interest of the United
States. Such certification shall be accompanied by a
justification for the basis of the determination.
(2) Renewal.--The President may renew the suspension of the
application of any of paragraphs (3) through (5) of
subsection (a) for a successive period or periods of not more
than one year if, before each such period, the President
makes a determination and transmits a certification in
accordance with paragraph (1).
(3) Additional requirement.--A suspension of the
application of any of paragraphs (3) through (5) of
subsection (a) under paragraph (1) or paragraph (2) shall
cease to be effective after one year or at such earlier date
as the President may specify.
(c) Definition.--For purposes of paragraphs (2) and (3) of
subsection (a), the term ``United States assistance''--
(1) means--
(A) assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), except--
(i) assistance under chapter 8 of part I of such Act
(relating to international narcotics control assistance);
(ii) assistance under chapter 9 of part I of such Act
(relating to international disaster assistance); and
(iii) assistance under chapter 6 of part II of such Act
(relating to assistance for peacekeeping operations);
(B) assistance under the Arms Export Control Act (22 U.S.C.
2751 et seq.), including the license or approval for export
of defense articles and defense services under section 38 of
that Act; and
(C) assistance under the Export-Import Bank Act of 1945;
and
(2) does not include counter-terrorism assistance.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from New York (Mr. Crowley) each
will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).
General Leave
Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 5272, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
{time} 2115
Mr. GILMAN. Mr. Speaker, because many of my colleagues remain
extremely concerned about the possibility that Yasser Arafat and that
the PLO will unilaterally declare a Palestinian state, I introduced
H.R. 5272, legislation that underscores the need for a negotiated
settlement between the two parties.
Our bill, entitled Peace Through Negotiations Act of 2000, H.R. 5272,
recognizes that resolving the political status of the territory
controlled by the Palestinian Authority is one of the central issues in
the Arab-Israeli conflict. The Palestinian threat to declare an
independent state unilaterally would constitute a fundamental violation
of the underlying principles of the Oslo Accords and the Middle East
peace process. That threat continues unabated.
Over 18 months ago, Congress spoke with one voice about the prospects
of any unilateral declaration of statehood by the Palestinians.
Nonbinding legislation was adopted by both houses stating that, ``any
attempt to establish Palestinian statehood outside the negotiating
process will invoke the strongest congressional opposition.''
Because Mr. Arafat and other Palestinian officials continue to claim
that they may very well unilaterally declare a state before the end of
this year, many of us in this body felt the need, as a preventive
measure, to act prior to our Congressional adjournment.
Accordingly, Mr. Speaker, H.R. 5272 establishes that it is a policy
of the United States to oppose any unilateral declaration of a
Palestinian state and that diplomatic recognition should be withheld if
such an act is unilaterally declared.
As a deterrent, the bill would also prohibit all U.S. assistance to
the Palestinians except for humanitarian aid. It would downgrade the
PLO office in Washington in the event of a unilateral declaration.
This bill also encourages other countries and other international
organizations to join our Nation in withholding diplomatic recognition,
and authorizes the President of the United States to withhold payment
of U.S. contributions to international organizations that recognize a
unilaterally declared Palestinian state.
This legislation was marked up in our committee earlier today. An
amendment was adopted giving the President limited authority to waive
two of the five mandatory measures that are to be applied against a
unilaterally declared Palestinian state.
Mr. Speaker, the Peace Through Negotiations Act is a measured, but
forceful response to any real possibility of any unilateral Palestinian
action. Accordingly, I urge our colleagues' strong support for this
important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. CROWLEY. Mr. Speaker, I yield such time as he may consume to the
gentleman from New York (Mr. Nadler) who is a co-author of this
legislation before us today.
Mr. NADLER. Mr. Speaker, we all fervently desire the successful
conclusion of a peace agreement between Israel and the Palestinians
that would allow Israelis and Palestinians to live free from violence
and from the fear of violence. If part of such a mutually agreed,
mutually negotiated agreement is the establishment of the Palestinian
state with agreed upon borders, and agreed upon and acceptable security
guarantees for Israel, I do not believe the United States would have
any reason to object.
[[Page H8178]]
But a unilaterally declared Palestinian state with no agreed upon
borders, with territorial claims certainly conflicting with those of
Israel, and with no security guarantees for Israel, is guaranteed to
destroy the peace process and is very likely to result in violence and
even war.
That is why last July I introduced, along with the gentleman from New
York (Mr. Reynolds), the Middle East Peace Process Support Act which
now has over 100 cosponsors and is the basis of the bill we have before
us today. I believe this is an essential bill. I look forward to an
overwhelmingly bipartisan vote for it.
The Peace Through Negotiations Act is meant to send a very clear
signal to Chairman Arafat and the Palestinian Authority. Do not destroy
the peace process. Do not condemn the Middle East to another round of
violence and war by unilaterally declaring an independent Palestinian
state. We warn you now, the United States will not recognize such a
state. It will not give aid to such a state. It will do everything
possible to prevent other nations from recognizing or aiding a
unilaterally declared Palestinian state in any manner whatsoever.
Chairman Arafat is now threatening to declare a Palestinian state
unilaterally by mid November. Because of this continuing threat and the
fact that Congress will not be in session in November, or we hope and
trust that we will not be in session in November, it is imperative that
we enact this bill now so that the Palestinian Authority understands
that any unilateral action will produce a sharp and negative response
from the United States. We must make clear that, if the Palestinian
Authority unilaterally acts to destroy any prospect of a peace
agreement and to make war and violence, very likely there will be
severe consequences. The purpose of this bill is to deter such an
action and those consequences.
At the end of the most recent Camp David summit, Prime Minister Barak
and Chairman Arafat reaffirmed the central point of the Oslo agreement
and pledged that Israel and the Palestinian Authority would both
refrain from any unilateral actions as well as from statements that
would incite violence.
If these general principles are followed and the Palestinians remain
peacefully engaged with Israel, which has proven to be a willing and a
generous peace partner, this legislation will not need to be invoked,
but it will have its desired effect by making such peaceful development
much more likely.
I want to thank the gentleman from New York (Chairman Gilman); the
gentleman from Connecticut (Mr. Gejdenson), ranking member; and the
gentleman from New York (Mr. Reynolds) for the hard work they have done
in this legislation.
I urge every Member of this House to support this bill because only a
negotiated peace can be a lasting peace.
Mr. GILMAN. Mr. Speaker, I want to thank the gentleman from New York
(Mr. Nadler) for his supportive statement.
Mr. Speaker, I reserve the balance of my time.
Mr. CROWLEY. Mr. Speaker, I yield 2 minutes to the gentleman from the
Bronx and Westchester Counties, New York (Mr. Engel).
Mr. ENGEL. Mr. Speaker, I thank the gentleman from New York (Mr.
Crowley) for leading, and he has clearly been a leader on this issue
and as we saw before on the Ireland issue.
Mr. Speaker, it seems that we have been here before. Just last year,
I was the lead Democratic sponsor of a resolution opposing the
unilateral declaration of a Palestinian state and warning that such a
unilateral action would provoke a stern response from this Congress.
This measure passed overwhelmingly in the House and by unanimous
consent in the Senate. Since then, President Clinton has worked as no
President has since Jimmy Carter to achieve an agreement in the Middle
East.
After months of serious negotiations in which Israel demonstrated a
willingness to compromise on all issues, even those of the utmost
importance, an agreement remained out of reach.
Yasser Arafat and the Palestinian negotiators were ultimately
unwilling to make the compromises needed to reach a peace accord.
Instead, they threatened the world with the possibility of unilaterally
declaring themselves a sovereign state.
This type of rhetoric not only falls outside of the bilateral
framework for bridging the gap separating the Israelis and
Palestinians, it also represents a dangerous escalation.
If this should happen, Israel will likely respond in kind through
unilateral actions of its own, including territorial annexation in the
West Bank or around Jerusalem.
Yasser Arafat recently took a tour of several European and Arab
nations and asked for support of his nonnegotiating declaration of
Palestinian statehood. Everywhere he went, Mr. Arafat received a polite
``No, thank you. Please return to the bargaining table.'' Today
Congress will emphasize that message with passage of this important
bill.
Arafat must know that, if the Palestinians unilaterally declare
themselves a state, the United States will provide them no assistance
whatsoever. The Palestinian leadership must understand that their goals
can only be achieved in the context of direct negotiations with Israel
and that such threats not only undermine the peace process but also put
at risk its future relationship with the United States.
I, therefore, strongly support H.R. 5272 and commend the gentleman
from New York (Mr. Nadler) for his hard work on the legislation.
Mr. GILMAN. Mr. Speaker, I want to thank the gentleman from New York
(Mr. Engel) for his strong supportive arguments.
Mr. Speaker, I reserve the balance of my time.
Mr. CROWLEY. Mr. Speaker, it is my pleasure to yield 3 minutes to the
gentlewoman from Queens, Bronx and Westchester Counties, New York (Mrs.
Lowey).
Mrs. LOWEY. Mr. Speaker, I rise in support of H.R. 5272, the Peace
Through Negotiations Act of 2000, and urge my colleagues to support
this important legislation.
I especially want to thank the gentleman from New York (Mr. Nadler)
for his leadership on this issue and the gentleman from New York (Mr.
Gilman). I am a proud cosponsor of his bill, the Middle East Peace
Process Support Act, which provided the foundation for the legislation
we are considering today.
I share the frustration and impatience of those who have waited
decades for a peace that will safeguard Israel's security and regional
stability. After 7 long years of negotiations, an agreement is within
reach, and we recognize how important it is that both parties remain
dedicated to the completion of this difficult process. We also
recognize the damage that could be inflicted by unilateral acts of
irresponsible brinksmanship. Compromise, not nonnegotiable demands and
political posturing, must guide the peace process.
H.R. 5272 demonstrates unflinching Congressional support for a fair,
negotiated peace agreement. This bill simply states that the United
States will not recognize nor will it reward the unilateral declaration
of a Palestinian state. The rejection of negotiation as the path toward
peace is unacceptable, and we have the opportunity to make this clear
today.
In the coming weeks, the most difficult issues in the peace process
will be on the table, and now, more than ever before, Israel and the
Palestinians must show their dedication to realizing the dreams of the
Oslo Accords. Let this legislation be a warning: If Chairman Arafat
rejects the fundamental precept of Oslo, if he chooses to squander this
historic opportunity for peace, the United States' response will be
swift and unequivocal.
I have strongly supported generous assistance for governments in the
Middle East who have recognized the value of negotiation and
cooperation in the pursuit of peace. But make no mistake, our foreign
assistance is too dear to waste on regimes bent on self-destructive
actions and guerilla tactics. We must send this message to Chairman
Arafat today.
Mr. Speaker, I hope this bill is irrelevant. I hope its provisions
are never tested and that negotiations between Israel and the
Palestinians bear real
[[Page H8179]]
fruit. But if the future brings a unilateral declaration of Palestinian
independence and a rejection of these negotiations, we must remain
steadfast in our support for the peace process and strong in our
condemnation of those who would derail this historic opportunity. I
urge my colleagues to join me in support of this bill.
Mr. GILMAN. Mr. Speaker, I want to thank the gentlewoman from New
York (Mrs. Lowey) for her strong support of this measure.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. CROWLEY. Mr. Speaker, I yield myself 3 minutes.
Mr. Speaker, I rise today in firm support of H.R. 5272, the Peace
Through Negotiations Act of 2000. The unilateral declaration of
independence by the Palestinian Authority would negate years of
progress made by Israel with Palestinians toward a peaceful resolution
to their conflict.
This bill clearly illustrates that the United States discourages such
an action, and would strongly condemn the Palestinians should they
choose to circumvent the peace process to which they had been a
faithful party.
I commend the gentleman from New York (Mr. Nadler) for his hard work
in crafting this legislation. I would also like to thank the gentleman
from New York (Mr. Gilman), chairman of the Committee on International
Relations for recognizing the importance of a timely consideration of
this bill.
I have been a close observer of this peace process since its
inception. I have witnessed the success, and I have witnessed the
setbacks. I regret having to address the issue of restricting aid to
the Palestinians when we are so close to reaching an understanding
between the two parties.
In my view, the Palestinians have a choice, stay the course towards
peace and reap the benefits of establishing a nation conceived out of
cooperation and negotiation or bypass the process, declare an
independent state, and risk becoming a pariah in the international
arena.
As a supporter of the peace process, I am greatly concerned that
Palestinian Authority Leader Yasser Arafat will carry through with his
threat to create a Palestinian state with or without an agreement.
Frankly, Mr. Speaker, I shudder to think of the repercussions resulting
from taking such drastic action.
Mr. Arafat, do not let the dream that you have worked your entire
life for crumble in order to quell domestic political concerns. I urge
you to choose the path to which you have been committed for nearly a
decade, the path of peace.
The people of Israel, the West Bank, the Gaza have suffered through
enough violence, torment, and death during the years of struggle for
the creation of a Palestinian state. Let us work together to ensure
that history does not repeat itself.
The purpose of this bill clearly states that if the Palestinian
Authority unilaterally declares a Palestinian state, the United States'
provision of resources to the Palestinian Authority would cease
immediately.
{time} 2130
Furthermore, the bill would prohibit the expenditure of any funds for
the United States to formally recognize a unilaterally declared
independent Palestinian state. As long as Mr. Barak and Mr. Arafat are
willing to sit down together and encourage a constructive dialogue to
resolve the issues that divide their people, the United States will do
its part to support them in that endeavor.
Though I hope the terms of this bill will never be realized, I
believe it is a strong commentary on how this country, the U.S., feels
about the prospects of peace. To that end, I encourage my colleagues to
support H.R. 5272.
Mr. Speaker, I reserve the balance of my time.
Mr. GILMAN. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore (Mr. Pitts). The gentleman from New York (Mr.
Gilman) has 17 minutes remaining.
Mr. GILMAN. Mr. Speaker, does the gentleman have any further
speakers?
Mr. CROWLEY. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. GILMAN. Mr. Speaker, I yield myself the balance of my time; and
in closing, I wish to emphasize that this legislation represents a
measured and an appropriate response to the very serious threat to U.S.
interests in the Middle East posed by the continuing suggestions by
Palestinian officials that they may unilaterally declare a Palestinian
state. Such a declaration could deal a fatal blow to the peace process
and would be a very grave mistake.
Our government makes a very serious mistake if it does not make
crystal clear to the Palestinian authorities how we would respond to
such a step. It is for that reason that I urge strong support for this
measure.
Mr. BENTSEN. Mr. Speaker, I rise in support of H.R. 5272, the Peace
Through Negotiations Act of 2000, which expresses support for the
Middle East peace process and the need for a negotiated settlement of
the Arab-Israeli conflict.
This legislation declares that U.S. policy opposes the unilateral
declaration of a Palestinian state. Should such a unilateral
declaration occur, this measure would prohibit all U.S. assistance to
the Palestinians except for humanitarian aid, and would encourage other
countries and international organizations to join the U.S. in
withholding diplomatic recognition of a Palestinian state. Further,
this legislation would authorize the President to withhold U.S.
contributions to international organizations that recognize a
unilaterally declared Palestinian state.
As a co-sponsor of H.R. 4976, similar legislation introduced by my
colleague from New York, Jerrold Nadler, I believe it is appropriate
for the Congress to underscore the threat posed by the unilateral
declaration of a Palestinian state. Such a declaration would be a
violation of the 1993 Oslo Accords, at which Israel and the
Palestinians agreed that the determination of the eventual status of
the Palestinian entity--as well as other final status issues--can be
made only through agreements by both sides. It is critical for both
parties to abide by the agreement to resolve permanent status issues
through negotiation, not unilateral action.
Peace talks between the Palestinian Authority and Israel were
scheduled to end earlier this month, on September 15, 2000. However,
unresolved issues--borders, security, settlements, refugees, and the
division of Jerusalem--have prevented the two sides from coming to an
agreement. Since the unsuccessful completion of the Camp David
negotiations in July 2000, PLO Chairman Arafat has renewed his threats
to unilaterally declare a Palestinian state. While Chairman Arafat has
backed off from those threats and not set a new deadline, I believe
this legislation signifies the extent of Congressional resolve, should
Chairman Arafat act to carry out his threat after the 106th Congress
adjourns.
In March 1999, both houses of Congress adopted H. Con. Res. 24, non-
binding legislation which resolved that ``any attempt to establish
Palestinian statehood outside the negotiating process will invoke the
strongest congressional opposition.'' The Peace Through Negotiations
Act is a legislatively binding response, but only if a unilateral
declaration of statehood is actually made. I believe the U.S. must
continue to strongly support Israel and resolutely oppose the
unilateral declaration of a Palestinian state. Accordingly, I urge my
colleagues strong endorsement of this landmark legislation.
Mr. GILMAN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Gilman) that the House suspend the rules
and pass the bill, H.R. 5272, as amended.
The question was taken.
Mr. GILMAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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