[Congressional Record Volume 149, Number 68 (Thursday, May 8, 2003)]
[Senate]
[Pages S5952-S5953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN:
  S. 1029. A bill to enhance peace between the Israelis and 
Palestinians; to the Committee on Foreign Relations.
  Mr. ENSIGN. Mr. President, I ask unanimous consent that the text of 
this bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1029

       Be it enacted by the Senate and the House of 
     Representatives of the United States in Congress assembled,

     SEC. 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;

[[Page S5953]]

       (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 
     is 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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