[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1029 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1029
To enhance peace between the Israelis and Palestinians.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2003
Mr. Ensign introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To enhance peace between the Israelis and Palestinians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``Israeli-Palestinian Peace
Enhancement Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The security of the State of Israel is a major and
enduring national security interest of the United States.
(2) A lasting peace in the Middle East region can only take
root in an atmosphere free of violence and terrorism.
(3) The Palestinian people have been ill-served by leaders
who, by resorting to violence and terrorism to pursue their
political objectives, have brought economic and personal
hardship to their people and brought a halt to efforts seeking
a negotiated settlement of the conflict.
(4) The United States has an interest in a Middle East in
which two states, Israel and Palestine, will live side by side
in peace and security.
(5) In his speech of June 24, 2002, and in other
statements, President George W. Bush outlined a comprehensive
vision of the possibilities of peace in the Middle East region
following a change in Palestinian leadership.
(6) The Palestinian state must be a reformed, peaceful, and
democratic state that abandons forever the use of terror.
(7) On April 29, 2003, the Palestinian Legislative Council
confirmed in office, by a vote of 51 yeas, 18 nays, and 3
abstentions, the Palestinian Authority's first prime minister,
Mahmoud Abbas (Abu Mazen), and his cabinet.
(8) In his remarks prior to the vote of the Palestinian
Legislative Council, Mr. Abbas declared: ``The government will
concentrate on the question of security . . . The unauthorized
possession of weapons, with its direct threat to the security
of the population, is a major concern that will be relentlessly
addressed . . . There will be no other decision-making
authority except for the Palestinian Authority.''.
(9) In those remarks, Mr. Abbas further stated: ``We
denounce terrorism by any party and in all its forms both
because of our religious and moral traditions and because we
are convinced that such methods do not lend support to a just
cause like ours but rather destroy it.''.
(10) Israel has repeatedly indicated its willingness to
make painful concessions to achieve peace once there is a
partner for peace on the Palestinian side.
SEC. 3. PURPOSES.
The purposes of this title are--
(1) to express the sense of Congress with respect to United
States recognition of a Palestinian state; and
(2) to demonstrate United States willingness to provide
substantial economic and humanitarian assistance, and to
support large-scale multilateral assistance, after the
Palestinians have achieved the reforms outlined by President
Bush and have achieved peace with the State of Israel.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) peace between Israel and the Palestinians cannot be
negotiated until the Palestinian system of government has been
transformed along the lines outlined in President Bush's June
24, 2002, speech;
(2) substantial United States and international economic
assistance will be needed after the Palestinians have achieved
the reforms described in section 620K(c)(2) of the Foreign
Assistance Act of 1961 (as added by section 1506 of this Act)
and have made a lasting and secure peace with Israel;
(3) the Palestinian people merit commendation on the
confirmation of the Palestinian Authority's first prime
minister, Mahmoud Abbas (Abu Mazen), and his cabinet;
(4) the new Palestinian administration urgently should take
the necessary security-related steps to allow for
implementation of a performance-based road map to resolve the
Israeli-Palestinian conflict;
(5) the United States Administration should work vigorously
toward the goal of two states living side-by-side in peace
within secure and internationally-recognized boundaries free
from threats or acts of force; and
(6) the United States has a vital national security
interest in a permanent, comprehensive, and just resolution of
the Arab-Israeli conflict, and particularly the Palestinian-
Israeli conflict, based on the terms of United Nations Security
Council Resolutions 242 and 338.
SEC. 5. RECOGNITION OF A PALESTINIAN STATE.
It is the sense of Congress that a Palestinian state should not be
recognized by the United States until the President determines that--
(1) a new leadership of a Palestinian governing entity, not
compromised by terrorism, has been elected and taken office;
and
(2) the newly-elected Palestinian governing entity--
(A) has demonstrated a firm and tangible commitment
to peaceful coexistence with the State of Israel and to
ending anti-Israel incitement, including the cessation
of all officially sanctioned or funded anti-Israel
incitement;
(B) has taken appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures and the confiscation of unlawful weaponry;
(C) has established a new Palestinian security
entity that is fully cooperating with the appropriate
Israeli security organizations;
(D) has achieved exclusive authority and
responsibility for governing the national affairs of a
Palestinian state, has taken effective steps to ensure
democracy, the rule of law, and an independent
judiciary, and has adopted other reforms ensuring
transparent and accountable governance; and
(E) has taken effective steps to ensure that its
education system promotes the acceptance of Israel's
existence and of peace with Israel and actively
discourages anti-Israel incitement.
SEC. 6. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as added by
section 149 of Public Law 104-164 (110 Stat. 1436)) as section
620J; and
(2) by adding at the end the following new section:
``SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE.
``(a) Limitation.--
``(1) In general.--Notwithstanding any other provision of
law, assistance may be provided under this Act or any other
provision of law to the government of a Palestinian state only
during a period for which a certification described in
subsection (c) is in effect. The limitation contained in the
preceding sentence shall not apply (A) to humanitarian or
development assistance that is provided through nongovernmental
organizations for the benefit of the Palestinian people in the
West Bank and Gaza, or (B) to assistance that is intended to
reform the Palestinian Authority and affiliated institutions,
or a newly elected Palestinian governing entity, in order to
help meet the requirements contained in subparagraphs (A)
through (H) of subsection (c)(2) or to address the matters
described in subparagraphs (A) through (E) of section 1505(2)
of the Israeli-Palestinian Peace Enhancement Act of 2003.
``(2) Waiver.--The President may waive the limitation of
the first sentence of paragraph (1) if 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 it is vital to the national
interest of the United States to do so.
``(b) Congressional Notification.--
``(1) In general.--Assistance made available under this Act
or any other provision of law to a Palestinian state may not be
provided until 15 days after the date on which the President
has provided notice thereof to the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and to the Committee on Foreign Relations and
the Committee on Appropriations of the Senate in accordance
with the procedures applicable to reprogramming notifications
under section 634A(a) of this Act.
``(2) Sunset.--Paragraph (1) shall cease to be effective
beginning ten years after the date on which notice is first
provided under such paragraph.
``(c) Certification.--A certification described in this subsection
is a certification transmitted by the President to Congress that--
``(1) a binding international peace agreement exists
between Israel and the Palestinians that--
``(A) was freely signed by both parties;
``(B) guarantees both parties' commitment to a
border between two states that constitutes a secure and
internationally recognized boundary for both states,
with no remaining territorial claims;
``(C) provides a permanent resolution for both
Palestinian refugees and Jewish refugees from Arab
countries; and
``(D) includes a renunciation of all remaining
Palestinian claims against Israel through provisions
that commit both sides to the ``end of the conflict'';
and
``(2) the new Palestinian government--
``(A) has been democratically elected through free
and fair elections, has exclusive authority and
responsibility for governing the national affairs of
the Palestinian state, and has achieved the reforms
outlined by President Bush in his June 24, 2002,
speech;
``(B) has completely renounced the use of violence
against the State of Israel and its citizens, is
vigorously attempting to prevent any acts of terrorism
against Israel and its citizens, and punishes the
perpetrators of such acts in a manner commensurate with
their actions;
``(C) has dismantled, and terminated the funding
of, any group within its territory that conducts
terrorism against Israel;
``(D) is engaging in ongoing and extensive security
cooperation with the State of Israel;
``(E) refrains from any officially sanctioned or
funded statement or act designed to incite Palestinians
or others against the State of Israel and its citizens;
``(F) has an elected leadership not compromised by
terror;
``(G) is demilitarized; and
``(H) has no alliances or agreements that pose a
threat to the security of the State of Israel.
``(d) Recertifications.--Not later than 90 days after the date on
which the President transmits to Congress an initial certification
under subsection (c), and every 6 months thereafter for the 10-year
period beginning on the date of transmittal of such certification--
``(1) the President shall transmit to Congress a
recertification that the requirements contained in subsection
(c) are continuing to be met; or
``(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
``(e) Rule of Construction.--A certification under subsection (c)
shall be deemed to be in effect beginning on the day after the last day
of the 10-year period described in subsection (d) unless the President
subsequently determines that the requirements contained in subsection
(c) are no longer being met and the President transmits to Congress a
report that contains the reasons therefor.''.
SEC. 7. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.), as amended by section 1506, is further amended by
adding at the end the following new section:
``SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE.
``(a) Assistance.--The President is authorized to provide
assistance to a Palestinian state in accordance with the requirements
of this section.
``(b) Activities To Be Supported.--Assistance provided under
subsection (a) shall be used to support activities within a Palestinian
state to substantially improve the economy and living conditions of the
Palestinians by, among other things, providing for economic development
in the West Bank and Gaza, continuing to promote democracy and the rule
of law, developing water resources, assisting in security cooperation
between Israelis and Palestinians, and helping with the compensation
and rehabilitation of Palestinian refugees.
``(c) Authorization of Appropriations.--Of the amounts made
available to carry out chapter 4 of part II of this Act for a fiscal
year, there are authorized to be appropriated to the President to carry
out subsections (a) and (b) such sums as may be necessary for each such
fiscal year.
``(d) Coordination of International Assistance.--
``(1) In general.--Beginning on the date on which the
President transmits to Congress an initial certification under
section 620K(c), the Secretary of State shall seek to convene
one or more donors conferences to gain commitments from other
countries, multilateral institutions, and nongovernmental
organizations to provide economic assistance to Palestinians to
ensure that such commitments to provide assistance are honored
in a timely manner, to ensure that there is coordination of
assistance among the United States and such other countries,
multilateral institutions, and nongovernmental organizations,
to ensure that the assistance provided to Palestinians is used
for the purposes for which it was provided, and to ensure that
other countries, multilateral institutions, and nongovernmental
organizations do not provide assistance to Palestinians through
entities that are designated as terrorist organizations under
United States law.
``(2) Report.--Not later than 180 days after the date of
the enactment of this section, and on an annual basis
thereafter, the Secretary of State shall prepare and submit to
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate a report that describes the
activities undertaken to meet the requirements of paragraph
(1), including a description of amounts committed, and the
amounts provided, to a Palestinian state or Palestinians during
the reporting period by each country and organization.''.
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