Two-State Solution Act
This bill addresses U.S. policy and related activities to preserve conditions for a two-state solution to resolve territorial disputes between Israel and Palestine.
The bill prohibits the United States from providing support for projects in geographic regions that came under Israeli control after June 5, 1967. It also prohibits the use of any U.S. security assistance, defense articles, or defense services provided to Israel for efforts to annex or exercise permanent control over any part of the West Bank or Gaza.
Current law designates the Palestine Liberation Organization (PLO) as a terrorist organization and restricts its activities (e.g., prohibiting it from maintaining an office in the United States). The President may waive for up to six months some of these restrictions to serve U.S. national security or diplomatic interests. If the President certifies that the PLO has ceased supporting terrorist actions and met other conditions, the bill automatically terminates the terrorist organization designation.
Goods produced in the West Bank or Gaza that are imported into the United States must indicate those areas as the country of origin on their labels.
The bill expands the scope of certain foreign and development assistance to foster initiatives, including shared educational opportunities and youth activities, that connect Israelis and Palestinians. Additionally, the Department of State and the U.S. Agency for International Development may jointly award grants to private, nonprofit organizations to promote human rights and democracy, strengthen civil society, and otherwise address the needs of the Palestinian people.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5344 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5344
To preserve conditions for, and improve the likelihood of, a two-state
solution that secures Israel's future as a democratic state and a
national home for the Jewish people, a viable, democratic Palestinian
state, an end to Israel's occupation of the Palestinian territories,
and peaceful relations between the two states, and to direct the
Department of State and other relevant agencies to take steps to
accomplish these ends.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2021
Mr. Levin of Michigan (for himself, Mr. Beyer, Mr. Blumenauer, Mr.
Castro of Texas, Mr. Cohen, Mr. Connolly, Mr. Doggett, Ms. Eshoo, Mr.
Huffman, Ms. Jacobs of California, Ms. Johnson of Texas, Ms. Kaptur,
Mr. Khanna, Mr. Kildee, Ms. Kuster, Ms. Lee of California, Mr.
Lowenthal, Mr. McGovern, Mr. Price of North Carolina, Mr. Raskin, Ms.
Schakowsky, Ms. Speier, Mrs. Watson Coleman, Mr. Welch, Mr. Yarmuth,
and Ms. Stansbury) introduced the following bill; which was referred to
the Committee on Foreign Affairs, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To preserve conditions for, and improve the likelihood of, a two-state
solution that secures Israel's future as a democratic state and a
national home for the Jewish people, a viable, democratic Palestinian
state, an end to Israel's occupation of the Palestinian territories,
and peaceful relations between the two states, and to direct the
Department of State and other relevant agencies to take steps to
accomplish these ends.
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 ``Two-State Solution Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In May 2021, President Joseph R. Biden stated, ``the
Palestinians and Israelis equally deserve to live safely and
securely, and enjoy equal measures of freedom, prosperity and
democracy''.
(2) The United States has, under Democratic and Republican
administrations since 2002, supported a two-state solution.
(3) On December 6, 2019, the House of Representatives
passed House Resolution 326 on a bipartisan basis, expressing
the sense of the House of Representatives that ``only the
outcome of a two-state solution that enhances stability and
security for Israel, Palestinians, and their neighbors can both
ensure the state of Israel's survival as a Jewish and
democratic state and fulfill the legitimate aspirations of the
Palestinian people for a state of their own'' and that ``a
United States proposal to achieve a just, stable, and lasting
solution to the Israeli-Palestinian conflict should expressly
endorse a two-state solution as its objective and discourage
steps by either side that would put a peaceful end to the
conflict further out of reach''.
(4) Democratic and Republican presidents have identified
Israeli settlements as an obstacle to peace. President Ronald
Reagan said, ``further settlement activity is in no way
necessary for the security of Israel and only diminishes the
confidence of the Arabs that a final outcome can be freely and
fairly negotiated''. In 2003, President George W. Bush stated,
``As progress is made towards peace, settlement activity in the
occupied territories must end.''.
(5) On April 21, 1978, State Department Legal Adviser
Herbert J. Hansell issued a legal opinion concluding that ``the
establishment of the Israeli civilian settlements in the
territories occupied by Israel is inconsistent with
international law''. Secretary of State Mike Pompeo repudiated
the 1978 legal opinion on November 18, 2019.
(6) During the Trump Administration, Israel accelerated its
advancement of settlement plans by more than 154 percent, as
compared to the prior administration.
(7) During the final year of the Trump Administration, the
Israeli Government demolished 273 homes belonging to
Palestinian families in the West Bank, the highest number of
demolitions since 2016. As a result, 1,006 Palestinians, 519 of
them minors, were displaced.
(8) The Arms Export Control Act places numerous conditions
and restrictions on the assistance it authorizes, including a
prohibition on the use of such assistance ``for purposes other
than those for which [it has been] furnished'' without prior
presidential consent and a requirement that sales agreements
entered into after November 29, 1999 allow the United States to
verify ``credible reports'' that assistance has been used for
unauthorized purposes. The Foreign Assistance Act of 1961 also
places conditions and restrictions on the aid it authorizes and
mandates that international security assistance programs
``promote and advance human rights and avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms, in violation of international
law or in contravention of the policy of the United States''.
(9) Dating back to the administration of President Dwight
D. Eisenhower, the United States has delineated explicitly
authorized uses of the aid it provides to Israel.
(10) Congress passed and President George W. Bush signed
into law the Fiscal Year 2003 Emergency Wartime Supplemental
Appropriations Act (Public Law 108-11), which authorized
$9,000,000,000 in loan guarantees for Israel over 3 years and
$1,000,000,000 in military grants. Public Law 108-11 stated,
``guarantees may be issued under this section only to support
activities in the geographic areas which were subject to the
administration of the Government of Israel before June 5,
1967''.
(11) House Report 117-84, in explanation of the
accompanying bill making appropriations for the Department of
State, foreign operations, and related programs, for the fiscal
year ending September 30, 2022, which passed in the House of
Representatives on July 28, 2021, states, ``the Committee urges
the Secretary of State to address in bilateral consultations
with Israel the importance of ensuring that MOU-supported
equipment is not used in any way that undermines the prospects
of a negotiated two-state solution''.
SEC. 3. PURPOSE.
The purpose of this Act is to preserve conditions for, and improve
the likelihood of a two-state solution that secures Israel's future as
a democratic state and a national home for the Jewish people, a viable,
democratic Palestinian state, an end to Israel's occupation of the
Palestinian territories, and peaceful relations between the two states,
and to direct the Department of State and other relevant agencies to
take steps to accomplish these ends.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) that only the outcome of a two-state solution can both
ensure the state of Israel's survival as a democratic state and
a national home for the Jewish people and fulfill the
legitimate aspirations of the Palestinian people for a state of
their own;
(2) to discourage steps by either party to the conflict
that would put a peaceful end to the conflict further out of
reach;
(3) that the establishment of Israeli settlements in the
occupied Palestinian territories is inconsistent with
international law;
(4) that settlement expansion, demolitions of Palestinian
homes, revocations of residency permits, and forced evictions
of Palestinian civilians by Israel impede the establishment of
a Palestinian state and violate the human rights of the
Palestinian people;
(5) to continue to implement fully the Memorandum of
Understanding between the United States and Israel signed in
2016 and to help Israel address the myriad challenges it faces,
including terrorism, and threats posed by actors in the region,
such as Iran;
(6) that the use of United States funding provided through
the 2016 Memorandum of Understanding by the Government of
Israel for activities that put a two-state solution further out
of reach, including those that expand settlements, would be
detrimental to Israel's security and inconsistent with section
2754 of title 22, United States Code, under which ``Defense
articles and defense services shall be sold or leased by the
United States Government under this chapter to friendly
countries solely for internal security, for legitimate self-
defense'' and other limited purposes;
(7) to support programming that bolsters Palestinian civil
society organizations and Palestinian government reforms, with
the goal of fostering a Palestinian government that is
democratic and enjoys credibility among the Palestinian people;
(8) to oppose restrictions on civil liberties in the
occupied Palestinian territories, including the arrest of
activists, journalists, and peaceful protesters, and to support
an end to the torture or abuse of individuals in detention; and
(9) that a Palestinian government that respects civil and
human rights and enjoys legitimacy among the Palestinian people
is both necessary in its own right and important for productive
negotiations on a two-state solution.
SEC. 5. UNITED STATES POLICY RELATING TO THE OCCUPIED PALESTINIAN
TERRITORIES.
(a) Statement of Policy.--It is the policy of the United States
that the West Bank, including East Jerusalem, and Gaza are occupied
territories and should be referred to as such consistently in official
United States policies, communications, and documents.
(b) Marking of Imported Articles.--
(1) In general.--Section 304 of the Tariff Act of 1930 (19
U.S.C. 1304) is amended--
(A) by redesignating subsection (l) as subsection
(m); and
(B) by inserting after subsection (k) the
following:
``(l) Articles Produced in the Occupied Palestinian Territories.--
Articles imported into the United States that are produced in the
occupied Palestinian territories (as such term is defined in section
10(2) of the Two-State Solution Act) shall have their place of
production marked as `West Bank/Gaza', `West Bank/Gaza Strip', or `West
Bank and Gaza' and shall not contain the words `Israel', `Made in
Israel', `Occupied Territories-Israel', or words of similar meaning.''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the date of the enactment of this Act and apply
with respect to any article described in subsection (l) of
section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as
added by paragraph (1), that is imported into the customs
territory of the United States on or after the date that is 30
days after such date of enactment.
(c) Geographic Restrictions Relating to U.S.-Israel Binational
Foundations.--Notwithstanding any other provision of law, the United
States may not provide support for projects conducted in geographic
areas which came under the administration of the Government of Israel
after June 5, 1967, and may not relate to subjects primarily pertinent
to such areas, pursuant to agreements relating to the Binational
Industrial Research and Development Foundation (BIRD), the Binational
Science Foundation (BSF), and the Binational Agricultural Research and
Development Foundation (BARD).
SEC. 6. SECURITY ASSISTANCE RELATING TO THE OCCUPIED PALESTINIAN
TERRITORIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should ensure the aid it provides to
Israel does not facilitate unilateral actions by the Israeli
Government that impede the achievement of a two-state solution,
including through unilateral efforts to annex or exercise
permanent control by Israel over any part of the occupied
Palestinian territories, is not used in a manner that violates
internationally recognized human rights, and is used
exclusively for the purposes authorized by law; and
(2) there should be robust oversight of United States
funding provided though the Memorandum of Understanding between
the United States and Israel signed in 2016, in accordance with
the Foreign Assistance Act of 1961 and the Arms Export Control
Act.
(b) Restriction Under Security Assistance Act of 2000.--Section
513(c) of the Security Assistance Act of 2000 (Public Law 106-280; 114
Stat. 856) is amended by adding at the end the following:
``(5) Rules of construction.--Nothing in this section may
be construed--
``(A) to provide authorization for the use of funds
for programs, projects, activities, any type of
materiel assistance, or other operations that further,
aid, or support unilateral efforts to annex or exercise
permanent control by Israel over any part of the
occupied Palestinian territories (as such term is
defined in section 10(2) of the Two-State Solution
Act), including by expansion of Israeli settlements,
demolitions in Palestinian communities or evictions of
Palestinian residents from their homes; or
``(B) to provide authorization for the use of funds
for programs, projects, activities, any type of
materiel assistance, or other operations that further,
aid, or support unilateral efforts in contravention of
section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) or section 362 of title 10, United States
Code.''.
(c) Restriction Under Arms Export Control Act.--Section 4 of the
Arms Export Control Act (22 U.S.C. 2754) is amended by adding at the
end before the period the following: ``: Provided further, That no
defense articles or defense services may be sold or leased by the
United States Government under this Act to further, aid, or support
unilateral efforts to annex or exercise permanent control by Israel
over any part of the occupied Palestinian territories (as such term is
defined in section 10(2) of the Two-State Solution Act), including by
expansion of Israeli settlements, demolitions in Palestinian
communities or evictions of Palestinian residents from their homes''.
SEC. 7. ASSISTANCE TO ADDRESS THE IMMEDIATE AND LONG-TERM NEEDS OF THE
PALESTINIAN PEOPLE.
(a) Findings.--Congress finds the following:
(1) Palestinian Authority President Mahmoud Abbas postponed
elections planned for 2021, prompting significant criticism and
exacerbating popular Palestinian opposition stemming from the
absence of a Palestinian state, violations of human rights and
civil liberties, official corruption, and poor governance.
(2) Since 2007, the militant organization Hamas, a United
States-designated terrorist organization, has maintained
control over Gaza, which faces a humanitarian crisis resulting
from poor governance, recurrent conflict, and the Israeli and
Egyptian blockade that restricts the movement of people and
goods. Hamas has fired rockets at Israeli population centers,
resulting in deaths of civilians in Israel, as well as
Palestinian civilians in Gaza due to misfires.
(3) The Consolidated Appropriations Act, 2021, imposes on
assistance to the Palestinians certain restrictions and
conditions, with limited exemption authorities, regarding any
future Palestinian state and its governing entity,
certifications and vetting prior to the obligation of funds,
audit requirements, a general prohibition on assistance for the
Palestinian Authority, and a prohibition on assistance for the
Palestine Liberation Organization, Hamas, or ``any entity
effectively controlled by Hamas, any power-sharing government
of which Hamas is a member, or that results from an agreement
with Hamas and over which Hamas exercises undue influence''.
(b) Sense of Congress.--It is the sense of Congress that
investments in Palestinian democracy, civil society organizations, and
economic development will promote better governance and community
engagement and improve the likelihood of free and fair elections, in
turn setting the stage for negotiations in which a Palestinian
government genuinely speaks for the Palestinian people.
(c) Grants Authorized.--Subject to subsection (d), the Secretary of
State and the Administrator of the United States Agency for
International Development are authorized to jointly provide grants on
an open and competitive basis to private, nonprofit organizations to
support programs that promote human rights, democracy, and the rule of
law, and strengthen civil society organizations to address the
immediate and long-term needs of the Palestinian people in the occupied
Palestinian territories in a manner that supports the sustainability of
such organizations in implementing Palestinian-led humanitarian and
development programs.
(d) Limitation on Use of Funds.--None of the funds made available
to carry out this section, or any amendment made by this section, may
be used to provide--
(1) financial assistance to the national government of any
foreign country;
(2) assistance for--
(A) any individual or group the Secretary of State
determines to be involved in, or advocating, terrorist
activity; or
(B) any individual who is a member of a foreign
terrorist organization (as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)); or
(3) assistance for the Palestinian Authority or the
Palestine Liberation Organization.
(e) Applicable Regulations.--Assistance made available under this
Act, and any amendment made by this Act, shall adhere to the mission
directives and vetting practices for assistance for the West Bank and
Gaza, as set forth by the United States Agency for International
Development.
(f) Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
and the Administrator of the United States Agency for International
Development shall jointly submit to the appropriate congressional
committees a report on the implementation of grants authorized under
this section and the progress and impact of such grants on the
Palestinian people, including effects related to civic engagement,
trust in civic institutions, and the long-term viability of Palestinian
civil society organizations. Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the Administrator
of the United States Agency for International Development shall jointly
submit to the appropriate congressional committees a report on the
impact of past democracy and governance programming in the occupied
Palestinian territories.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
not less than $20,000,000 for each of the fiscal years 2022
through 2027 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) for a
fiscal year are authorized to remain available for 5 fiscal
years.
SEC. 8. AMENDMENT TO THE ANTI-TERRORISM ACT OF 1987.
(a) Finding.--Congress finds that according to the 2020 State
Department Country Reports on Human Rights Practices, the Palestinian
Authority continues to ``make payments to Palestinians connected to
terrorism, including persons convicted of terrorism in Israeli courts
serving prison sentences, former prisoners, and the families of those
who died committing terrorist attacks''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Palestinian Authority should reform its payments
program in a manner that would allow the Secretary of State to
issue the certification specified in section 1004(a) of the
Taylor Force Act (22 U.S.C. 2378c-1); and
(2) the United States should maintain diplomatic relations
with the Palestinians, including by reopening a United States
consulate in Jerusalem and allowing for the reopening of the
Palestine Liberation Organization foreign mission in the
District of Columbia.
(c) Amendment to the Anti-Terrorism Act of 1987.--Section 1005 of
the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 note) is amended by
striking subsection (b) and inserting the following:
``(b) Waiver.--
``(1) In general.--The President may waive the provisions
of paragraphs (1), (2), and (3) of section 1003 if the
President determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that it is
important to the national security interests of the United
States or the conduct of diplomacy.
``(2) Period of application.--Any waiver issued pursuant to
this subsection shall be effective for not more than a period
of 6 months at a time.
``(c) Termination.--The provisions of this title shall cease to
have effect on the earlier of--
``(1) the date on which--
``(A) the President has certified in writing to the
President pro tempore of the Senate and the Speaker of
the House of Representatives that the Palestine
Liberation Organization--
``(i) is not objecting to any convening of
the Trilateral Anti-Incitement Committee; and
``(ii) is not obstructing security
coordination and cooperation between the
Palestinian Authority and Israel; and
``(B) the Secretary of State has issued the
certification specified in section 1004(a) of the
Taylor Force Act (22 U.S.C. 2378c-1); or
``(2) the date on which the President has certified in
writing to the President pro tempore of the Senate and the
Speaker of the House of Representatives that the Palestine
Liberation Organization, its agents, or constituent groups
thereof no longer practice or support terrorist actions
anywhere in the world.''.
SEC. 9. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961.
(a) Sense of Congress.--It is the sense of Congress that the
administration should work urgently to implement the Nita M. Lowey
Middle East Partnership for Peace Act (Public Law 116-260), which
authorized $250,000,000 over 5 years to fund Palestinian economic
development and people-to-people initiatives that connect Israelis and
Palestinians.
(b) In General.--The Foreign Assistance Act of 1961 is amended--
(1) in section 105(c)(2) (22 U.S.C. 2151c(c)(2))--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) in the case of programs and activities for
Israelis and Palestinians, allow for shared educational
opportunities between such Israelis and such
Palestinians.''; and
(2) in section 535 (22 U.S.C. 2346d)--
(A) in subsection (b), by adding at the end before
the period the following: ``, including organizations
that seek to foster connections between Israelis and
Palestinians''; and
(B) in subsection (c), by inserting after
``dialogue'' the following: ``, shared educational
opportunities and youth activities''.
(c) Effective Date.--The amendments made subsection (b)(2) take
effect on the date of the enactment of this Act and apply with respect
to funding for projects described in section 535 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346d), as amended by subsection (b),
provided on or after such date of enactment.
SEC. 10. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs 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) Occupied palestinian territories.--The term ``occupied
Palestinian territories'' means the West Bank, including East
Jerusalem, and Gaza.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
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