authority to suspend certain provisions

authority to suspend certain provisions Sec. 604. (a) In General.— Subject to subsection (b), beginning on the date of enactment of this Act and for eighteen months thereafter, the President may suspend for a period of not more than 6 months at a time any provision of law specified in subsection (d). Any such suspension shall cease to be effective after 6 months, or at such earlier date as the President may specify. (b) Conditions.— (1) Consultations.— Prior to each exercise of the authority provided in subsection (a) or certification pursuant to subsection (c), the President shall consult with the relevant congressional committees. The President may not exercise that authority or make such certification until 30 days after a written policy justification is submitted to the relevant congressional committees. (2) Presidential certification.— The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees each time he exercises such authority that— (A) it is in the national interest of the United States to exercise such authority; (B) the P.L.O., the Palestinian Authority, and successor entities are complying with all the commitments described in paragraph (4); and (C) funds provided pursuant to the exercise of this authority and the authorities under section 583(a) of Public 110 STAT. 757Law 103–236 and section 3(a) of Public Law 103–125 have been used for the purposes for which they were intended. (3) Requirement for continuing p.l.o. compliance.— (A) The President shall ensure that P.L.O. performance is continuously monitored and if the President at any time determines that the P.L.O. has not continued to comply with all the commitments described in paragraph (4), he shall so notify the relevant congressional committees and any suspension under subsection (a) of a provision of law specified in subsection (d) shall cease to be effective. (B) Beginning six months after the date of enactment of this Act, if the President on the basis of the continuous monitoring of the P.L.O.’s performance determines that the P.L.O. is not complying with the requirements described in subsection (c), he shall so notify the relevant congressional committees and no assistance shall be provided pursuant to the exercise by the President of the authority provided by subsection (a) until such time as the President makes the certification provided for in subsection (c). (4) P.L.O. commitments described.— The commitments referred to in paragraphs (2)(B) and (3)(A) are the commitments made by the P.L.O.— (A) in its letter of September 9, 1993, to the Prime Minister of Israel; in its letter of September 9, 1993, to the Foreign Minister of Norway to— (i) recognize the right of the State of Israel to exist in peace and security; (ii) accept United Nations Security Council Resolutions 242 and 338; (iii) renounce the use of terrorism and other acts of violence; (iv) assume responsibility over all P.L.O. elements and personnel in order to assure their compliance, prevent violations and discipline violators; (v) call upon the Palestinian people in the West Bank and Gaza Strip to take part in the steps leading to the normalization of life, rejecting violence and terrorism, and contributing to peace and stability; and (vi) submit to the Palestine National Council for formal approval the necessary changes to the Palestinian National Covenant eliminating calls for Israel’s destruction, and (B) in, and resulting from, the good faith implementation of the Declaration of Principles, including good faith implementation of subsequent agreements with Israel, with particular attention to the objective of preventing terrorism, as reflected in the provisions of the Interim Agreement concerning— (i) prevention of acts of terrorism and legal measures against terrorists, including the arrest and prosecution of individuals suspected of perpetrating acts of violence and terror; (ii) abstention from and prevention of incitement, including hostile propaganda; (iii) operation of armed forces other than the Palestinian Police; 110 STAT. 758 (iv) possession, manufacture, sale, acquisition or importation of weapons; (v) employment of police who have been convicted of serious crimes or have been found to be actively involved in terrorist activities subsequent to their employment; (vi) transfers to Israel of individuals suspected of, charged with, or convicted of an offense that falls within Israeli criminal jurisdiction; (vii) cooperation with the government of Israel in criminal matters, including cooperation in the conduct of investigations; and (viii) exercise of powers and responsibilities under the agreement with due regard to internationally accepted norms and principles of human rights and the rule of law. (5) Policy justification.— As part of the President’s written policy justification to be submitted to the relevant Congressional Committees pursuant to paragraph (1), the President will report on— (A) the manner in which the P.L.O. has complied with the commitments specified in paragraph (4), including responses to individual acts of terrorism and violence, actions to discipline perpetrators of terror and violence, and actions to preempt acts of terror and violence; (B) the extent to which the P.L.O. has fulfilled the requirements specified in subsection (c); (C) actions that the P.L.O. has taken with regard to the Arab League boycott of Israel; (D) the status and activities of the P.L.O. office in the United States; (E) all United States assistance which benefits, directly or indirectly, the projects, programs, or activities of the Palestinian Authority in Gaza, Jericho, or any other area it may control, since September 13, 1993, including— (i) the obligation and disbursal of such assistance, by project, activity, and date, as well as by prime contractor and all subcontractors; (ii) the organizations or individuals responsible for the receipt and obligation of such assistance; (iii) the intended beneficiaries of such assistance; and (iv) the amount of international donor funds that benefit the P.L.O. or the Palestinian Authority in Gaza, Jericho, or any other area the P.L.O. or the Palestinian Authority may control, and to which the United States is a contributor; and (F) statements by senior officials of the P.L.O., the Palestinian Authority, and successor entities that question the right of Israel to exist or urge armed conflict with or terrorism against Israel or its citizens, including an assessment of the degree to which such statements reflect official policy of the P.L.O., the Palestinian Authority, or successor entities. (c) Requirement for Continued Provision of Assistance.— Six months after the enactment of this Act, United States assistance shall not be provided pursuant to the exercise by the President 110 STAT. 759of the authority provided by subsection (a), unless and until the President determines and so certifies to the Congress that— (1) if the Palestinian Council has been elected and assumed its responsibilities, it has, within 2 months, effectively disavowed and thereby nullified the articles of the Palestine National Covenant which call for Israel’s destruction, unless the necessary changes to the Covenant have already been approved by the Palestine National Council; (2) the P.L.O., the Palestinian Authority, and successor entities have exercised their authority resolutely to establish the necessary enforcement institutions; including laws, police, and a judicial system, for apprehending, transferring, prosecuting, convicting, and imprisoning terrorists; (3) the P.L.O., has limited participation in the Palestinian Authority and its successors to individuals and groups that neither engage in nor practice terrorism or violence in the implementation of their political goals; (4) the P.L.O., the Palestinian Authority, and successor entities have not provided any financial or material assistance or training to any group, whether or not affiliated with the P.L.O., to carry out actions inconsistent with the Declaration of Principles, particularly acts of terrorism against Israel; (5) the P.L.O., the Palestinian Authority, or successor entities have cooperated in good faith with Israeli authorities in— (A) the preemption of acts of terrorism; (B) the apprehension, trial, and punishment of individuals who have planned or committed terrorist acts subject to the jurisdiction of the Palestinian Authority or any successor entity; and (C) the apprehension of and transfer to Israeli authorities of individuals suspected of, charged with, or convicted of, planning or committing terrorist acts subject to Israeli jurisdiction in accordance with the specific provisions of the Interim Agreement; (6) the P.L.O., the Palestinian Authority, and successor entities have exercised their authority resolutely to enact and implement laws requiring the disarming of civilians not specifically licensed to possess or carry weapons; (7) the P.L.O., the Palestinian Authority, and successor entities have not funded, either partially or wholly, or have ceased funding, either partially or wholly, any office, or other presence of the Palestinian Authority in Jerusalem unless established by specific agreement between Israel and the P.L.O., the Palestinian Authority, or successor entities; (8) the P.L.O., the Palestinian Authority, and successor entities are cooperating fully with the Government of the United States on the provision of information on United States nationals known to have been held at any time by the P.L.O. or factions thereof; and (9) the P.L.O., the Palestinian Authority, and successor entities have not, without the agreement of the Government of Israel, taken any steps that will change the status of Jerusalem or the West Bank and Gaza Strip, pending the outcome of the permanent status negotiations. (d) Provisions That May Be Suspended.— The provisions that may be suspended under the authority of subsection (a) are the following: 110 STAT. 760 (1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) as it applies with respect to the P.L.O. or entities associated with it. (2) Section 114 of the Department of State Authorization Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it applies with respect to the P.L.O. or entities associated with it. (3) Section 1003 of the Foreign Relations Authorization Act, fiscal years 1988 and 1989 (22 U.S.C. 5202). (4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C. 286W) as it applies on the granting to the P.L.O. of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. As used in this paragraph, the term “other official status” does not include membership in the International Monetary Fund. (e) Definitions.— As used in this title: (1) Relevant congressional committees—The term “relevant congressional committees” mean— (A) the Committee on International Relations, the Committee on Banking and Financial Services, and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) United states assistance.— The term “United States assistance” means any form of grant, loan, loan guarantee, credit, insurance, in kind assistance, or any other form of assistance.