I 
108TH CONGRESS 
2D SESSION 
H. R. 3814
To enhance peace between the Israelis and Palestinians. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2004
Mr. SESSIONS introduced the following bill; which was referred to the 
Committee on International Relations 
A BILL 
To enhance peace between the Israelis and Palestinians.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Israeli-Palestinian 
Peace Enhancement Act of 2004’’. 
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, 
which Israel desperately seeks, 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 ter-
rorism to pursue their political objectives, have 
brought economic and personal hardship to their 
people and brought a halt to efforts seeking a nego-
tiated settlement of the conflict. 
(4) The United States has an interest in a Mid-
dle 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 out-
lined a comprehensive vision of the possibilities of 
peace in the Middle East region following a change 
in Palestinian leadership. 
(6) President Bush stated in his June 24, 
2002, speech that ‘‘a stable and peaceful Palestinian 
state is necessary to achieve the security that Israel 
longs for,’’ and Israel has committed itself to con-
crete steps to achieve that end. 
(7) The Palestinian state must be a reformed, 
peaceful, and democratic state that abandons forever 
the use of terror.
(8) Israel has repeatedly indicated its willing-
ness 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 Act are—
(1) to express the sense of Congress with re-
spect to United States recognition of a Palestinian 
state; 
(2) to encourage the emergence of a Palestinian 
leadership that is capable of achieving the reforms 
outlined by President Bush, including making peace 
with Israel, combating all forms of terrorism, and 
developing a peaceful, democratic Palestinian state; 
and 
(3) to demonstrate United States willingness to 
provide substantial economic and humanitarian as-
sistance, and to support large-scale multilateral as-
sistance, to a peaceful, democratic Palestinian state, 
after the Palestinians have achieved the reforms out-
lined by President Bush and have achieved peace 
with Israel. 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that—
(1) peace between Israel and the Palestinians 
cannot be achieved 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 Pal-
estinians have achieved the reforms described in sec-
tion 620K(c)(2) of the Foreign Assistance Act of 
1961 (as added by section 6 of this Act) and have 
made a lasting and secure peace with Israel; 
(3) any 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; 
(4) the United States Administration should 
work vigorously toward the goal of two states living 
side-by-side in peace within secure and internation-
ally-recognized boundaries free from threats or acts 
of force; and 
(5) the United States has a vital national secu-
rity interest in a permanent, comprehensive, and 
just resolution of the Arab-Israeli conflict, and par-
ticularly the Palestinian-Israeli conflict, based on the 
terms of United Nations Security Council Resolu-
tions 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 enti-
ty—
(A) has demonstrated a firm and tangible 
commitment to peaceful coexistence with the 
State of Israel and to ending anti-Israel incite-
ment, including the cessation of all officially 
sanctioned or funded anti-Israel incitement; 
(B) has taken sustained and effective 
measures to counter terrorism and terrorist fi-
nancing in the West Bank and Gaza, including 
the dismantling of the terrorist infrastructure 
and the confiscation of unlawful weaponry; 
(C) has established one unified 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 and communications systems pro-
mote the acceptance of Israel’s existence and of 
peace with Israel and actively discourage 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 inserting 
such section after section 620I; and 
(2) by adding at the end the following new sec-
tion: 
‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO A PALES-
TINIAN STATE. 
‘‘(a) LIMITATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, direct assistance may be provided 
under this Act or any other provision of law to the 
government of a Palestinian state only during a pe-
riod for which a certification described in subsection 
(c) is in effect. The limitation contained in the pre-
ceding 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 Pal-
estinian Authority and affiliated institutions, or a 
newly elected Palestinian governing entity, in order 
to help meet the requirements contained in subpara-
graphs (A) through (H) of subsection (c)(3) or to 
address the matters described in subparagraphs (A) 
through (E) of section 5(2) of the Israeli-Palestinian 
Peace Enhancement Act of 2004. 
‘‘(2) WAIVER.—The President may waive the 
limitation of the first sentence of paragraph (1) if 
the President determines and certifies to the Com-
mittee 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 that it 
is vital to the national security 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 Re-
lations and the Committee on Appropriations of the 
House of Representatives and to the Committee on 
Foreign Relations and the Committee on Appropria-
tions of the Senate in accordance with the proce-
dures 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 Presi-
dent to Congress that—
‘‘(1) a Palestinian state exists and has been 
recognized by the United States and Israel and ad-
mitted to the United Nations; 
‘‘(2) a binding international peace agreement 
exists between Israel and the Palestinian state 
that—
‘‘(A) was freely signed by both parties;
‘‘(B) guarantees both parties’ commitment 
to a mutually agreed border between two states 
that constitutes a secure and internationally 
recognized boundary for both states, with no re-
maining territorial claims; 
‘‘(C) provides a permanent resolution for 
both Palestinian refugees and Jewish refugees 
from Arab countries; 
‘‘(D) provides for mutually agreeable ar-
rangements on all remaining permanent status 
issues, including borders, settlements, water re-
sources, and Jerusalem; and 
‘‘(E) includes a renunciation of all remain-
ing claims through provisions that commit both 
sides to the end of the conflict; and 
‘‘(3) 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 citi-
zens, 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 com-
promised by terror; 
‘‘(G) has instituted clearly defined and 
agreed upon limits on its military; 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 Con-
gress 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 Con-
gress a report that contains the reasons therefor. 
‘‘(e) RULE
OF
CONSTRUCTION.—A certification 
under subsection (c) shall be deemed to be in effect begin-
ning on the day after the last day of the 10-year period 
described in subsection (d) unless the President subse-
quently 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 PALES-
TINIAN STATE. 
Chapter 1 of part III of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2351 et seq.), as amended by section 
6, is further amended by adding at the end the following 
new section: 
‘‘SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALES-
TINIAN 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 ac-
tivities 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 democ-
racy and the rule of law, developing water resources, as-
sisting in security cooperation between Israelis and Pal-
estinians, and helping with the compensation and rehabili-
tation 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 ASSIST-
ANCE.—
‘‘(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—
‘‘(A) seek to convene one or more donors 
conferences to gain commitments from other 
countries, multilateral institutions, and non-
governmental organizations to provide economic 
assistance to Palestinians; 
‘‘(B) seek to ensure that such commit-
ments to provide assistance are honored in a 
timely manner; 
‘‘(C) promote coordination of assistance 
among the United States and such other coun-
tries, multilateral institutions, and nongovern-
mental organizations; 
‘‘(D) monitor the assistance to ensure that 
the assistance provided to Palestinians is used 
for the purposes for which it was provided; and 
‘‘(E) seek to ensure that other countries, 
multilateral institutions, and nongovernmental 
organizations do not provide assistance to Pal-
estinians through entities that are designated 
as terrorist organizations under United States 
law. 
‘‘(2) ANNUAL REPORTS.—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 Ap-
propriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee
on Appropriations of the Senate a report that de-
scribes the activities undertaken to meet the require-
ments of paragraph (1). 
‘‘(3) BURDENSHARING.—Each report under 
paragraph (2) shall include a description of the 
amounts committed, and the amounts provided, to a 
Palestinian state or Palestinians during the report-
ing period by each country and organization.’’.
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