[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5649 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5649

 To promote transparency, accountability, and reform within the United 
         Nations Human Rights Council, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2014

 Ms. Ros-Lehtinen (for herself, Mr. Perry, Mr. Yoho, and Mr. DeSantis) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To promote transparency, accountability, and reform within the United 
         Nations Human Rights Council, and for other purposes.

    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 ``United Nations Human Rights Council 
Accountability Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since its establishment in 2006, the United Nations 
        Human Rights Council has failed to meaningfully promote the 
        protection of internationally recognized human rights.
            (2) The United Nations Human Rights Council suffers from 
        fundamental and severe structural flaws since it draws its 
        members from the United Nations General Assembly without any 
        substantive membership criteria, with the perverse result that 
        a number of the world's worst human rights abusers are members 
        of the council.
            (3) For example, more than half of the members of the 
        United Nations Human Rights Council are rated ``Not Free'' or 
        only ``Partly Free'' by Freedom House in its 2014 Freedom in 
        the World report. Only a minority of members were rated 
        ``Free''.
            (4) Current membership on the United Nations Human Rights 
        Council includes some of the world's worst violators, including 
        China, Congo, Cuba, Kazakhstan, Pakistan, Russia, Saudi Arabia, 
        Venezuela, Vietnam, and others.
            (5) The United Nations Human Rights Council's agenda 
        contains a permanent item for criticism of the democratic, 
        Jewish State of Israel, but no permanent items criticizing any 
        other state or non-state actor.
            (6) Since 2006, the United Nations Human Rights Council has 
        a largely disproportionate number of resolutions focused on 
        criticizing Israel.
            (7) Since 2006, the United Nations Human Rights Council has 
        held 22 special sessions to address dire and critical 
        humanitarian crises throughout the world, with 7 focused on 
        criticizing Israel, more than any other two nations combined, 
        despite the fact that the United Nations currently has declared 
        four of the world's humanitarian crises (Syria, Iraq, South 
        Sudan and the Central African Republic) a ``Level 3'', its 
        highest designation.
            (8) On July 23, 2014, the United Nations Human Rights 
        Council adopted a resolution to investigate purported 
        violations of international humanitarian and human rights laws 
        in Gaza and the West Bank. The resolution contained over 1,700 
        words criticizing Israel for supposed human rights violations 
        in Gaza, yet does not mention Hamas, the designated foreign 
        terrorist organization responsible for using Palestinian 
        children, women, and men as human shields and launching 
        thousands of rockets indiscriminately into Israeli civilian 
        populations, even once.
            (9) The July 23, 2014, resolution passed with 29 votes in 
        favor, 17 abstentions and the United States as the lone 
        dissenting vote.
            (10) On August 11, 2014, the United Nations named Professor 
        William Schabas to lead a panel of inquiry in accordance to the 
        July 23, 2014, resolution.
            (11) Schabas has made public statements in the past that 
        should have precluded him from heading the panel as an unbiased 
        participant, and should recuse himself. Among his incendiary 
        and biased remarks, Schabas has stated ``Actually, my favourite 
        would be Netanyahu within the dock of the International 
        Criminal Court,'' in 2012, indicating a clear conflict of 
        interests and lack of impartiality.
            (12) In 2006, the George W. Bush Administration voted 
        against the resolution that created the United Nations Human 
        Rights Council in the United Nations General Assembly over 
        concerns about the Council's reforms and its ability to 
        advocate for human rights and decided to not seek a seat on the 
        Council.
            (13) In June 2008, citing its skepticism regarding the 
        function of the United Nations Human Rights Council in terms of 
        fulfilling its mandate and its imbalanced approach and Israel 
        bashing agenda, the Bush Administration announced it would 
        limit its engagement with the Council.
            (14) In 2008, the Bush Administration announced it would 
        withhold United States funding to the United Nations regular 
        budget equivalent to the United States share of the United 
        Nations Human Rights Council budget.
            (15) In March 2009, reversing the previous Administration's 
        policy, the Obama Administration announced that the United 
        States would run for a seat on the United Nations Human Rights 
        Council, and won a seat in May 2009.
            (16) United States membership in the United Nations Human 
        Rights Council has not led to reform of its fundamental flaws 
        nor diminished the Council's virulently anti-Israel behavior. 
        The Council has passed over two dozen resolutions criticizing 
        Israel since the United States joined in 2009, and the world's 
        worst violators continue to get a pass.

SEC. 3. LIMITATIONS RELATING TO UNITED NATIONS HUMAN RIGHTS COUNCIL 
              MEMBERSHIP AND FUNDING.

    (a) In General.--For each and every fiscal year that begins after 
the date of the enactment of this Act, until the Secretary of State 
submits to Congress a certification for such fiscal year that the 
requirements described in subsection (b) have been satisfied--
            (1) the Secretary of State shall withhold from a United 
        States contribution for such fiscal year to the regular budget 
        of the United Nations an amount that is equal to the percentage 
        of such contribution that the Secretary determines would be 
        allocated by the United Nations to support the United Nations 
        Human Rights Council;
            (2) the Secretary of State shall not make a voluntary 
        contribution to the United Nations Human Rights Council; and
            (3) the United States shall not run for a seat on the 
        United Nations Human Rights Council.
    (b) Certification.--The certification referred to in subsection (a) 
is a certification of the Secretary of State to Congress that--
            (1) the United Nations Human Rights Council's mandate from 
        the United Nations General Assembly explicitly and effectively 
        prohibits candidacy for membership on the Council of a United 
        Nations Member State that--
                    (A) is subject to sanctions by the United Nations 
                Security Council; and
                    (B) is under a United Nations Security Council-
                mandated investigation for human rights abuses;
            (2) the United Nations Human Rights Council does not 
        include a United Nations Member State that--
                    (A) is subject to sanctions by the United Nations 
                Security Council;
                    (B) is under a United Nations Security Council-
                mandated investigation for human rights abuses;
                    (C) the Secretary of State has determined, for 
                purposes of section 6(j) of the Export Administration 
                Act of 1979 (as continued in effect pursuant to the 
                International Emergency Economic Powers Act), section 
                40 of the Arms Export Control Act, section 620A of the 
                Foreign Assistance Act of 1961, or other provision of 
                law, is a country the government of which has 
                repeatedly provided support for acts of international 
                terrorism; or
                    (D) the President has designated as a Country of 
                Particular Concern for Religious Freedom under section 
                402(b) of the International Religious Freedom Act of 
                1998; and
            (3) the United Nations Human Rights Council's agenda or 
        program of work does not include a permanent item with regard 
        to the State of Israel.
    (c) Special Procedures.--For each and every fiscal year that begins 
after the date of the enactment of this Act, the Secretary of State 
shall withhold from a United States contribution for such fiscal year 
to the regular budget of the United Nations an amount that is equal to 
the percentage of such contribution that the Secretary determines would 
be allocated by the United Nations to support the United Nations 
``Special Rapporteur on the situation of human rights in Palestinian 
territories occupied since 1967'', and any other United Nations Human 
Rights Council ``Special Procedures'' used to display bias against the 
United States or the State of Israel or to provide support for any 
United Nations Member State that--
            (1) is subject to sanctions by the United Nations Security 
        Council;
            (2) is under a United Nations Security Council-mandated 
        investigation for human rights abuses;
            (3) the Secretary of State has determined, for purposes of 
        section 6(j) of the Export Administration Act of 1979 (as 
        continued in effect pursuant to the International Emergency 
        Economic Powers Act), section 40 of the Arms Export Control 
        Act, section 620A of the Foreign Assistance Act of 1961, or 
        other provision of law, is a country the government of which 
        has repeatedly provided support for acts of international 
        terrorism; or
            (4) the President has designated as a Country of Particular 
        Concern for Religious Freedom under section 402(b) of the 
        International Religious Freedom Act of 1998.
    (d) Reversion of Funds.--Funds appropriated for use as a United 
States contribution to the United Nations but withheld from obligation 
and expenditure pursuant to this section shall immediately revert to 
the United States Treasury and shall not be considered arrears to be 
repaid to any United Nations entity.
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