[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 169 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 169

To counter anti-Semitism at the United Nations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 17, 2017

 Mr. Rubio (for himself and Mr. Cotton) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To counter anti-Semitism at the United Nations, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Countering Anti-
Semitism and Anti-Israel Activities at the United Nations Act of 
2017''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Anti-Semitism and the United Nations.
Sec. 4. Reform of United Nations Human Rights Council.
Sec. 5. United States contributions to the United Nations Relief and 
                            Works Agency for Palestine Refugees in the 
                            Near East.
Sec. 6. Report on United States contributions to the United Nations and 
                            to countries seeking to implement UN 
                            Security Council Resolution 2334.
Sec. 7. Report to Congress on voting practices in the United Nations.
Sec. 8. Report on anti-Semitic and anti-Israeli activity at the United 
                            Nations and its agencies.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (E) the Committee on Appropriations of the House of 
                Representatives; and
                    (F) the Committee on Oversight and Government 
                Reform of the House of Representatives.
            (2) Employee.--The term ``employee'' means an individual 
        who is employed in the general services, professional staff, or 
        senior management of the United Nations, including consultants, 
        contractors, and subcontractors.
            (3) General assembly.--The term ``General Assembly'' means 
        the General Assembly of the United Nations.
            (4) Member state.--The term ``Member State'' means a Member 
        State of the United Nations. Such term is synonymous with the 
        term ``country''.
            (5) Refugee.--The term ``refugee'' has the meaning given 
        the term in section 101(a)(42) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(42)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (7) Secretary-general.--The term ``Secretary-General'' 
        means the Secretary-General of the United Nations.
            (8) Security council.--The term ``Security Council'' means 
        the Security Council of the United Nations.
            (9) United nations entity.--The term ``United Nations 
        entity'' means any United Nations agency, commission, 
        conference, council, court, department, forum, fund, institute, 
        office, organization, partnership, program, subsidiary body, 
        tribunal, trust, university or academic body, related 
        organization or subsidiary body, wherever located, that flies 
        the United Nations flag or is authorized to use the United 
        Nations logo, including but not limited to those United Nations 
        affiliated agencies and bodies identified as recipients of 
        United States contributions under section 1225(b)(3)(E) of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2424).
            (10) United states contribution.--The term ``United States 
        contribution'' means an assessed or voluntary contribution, 
        whether financial, in-kind, or otherwise, from the United 
        States Federal Government to a United Nations entity, including 
        contributions passed through other entities for ultimate use by 
        a United Nations entity. United States contributions include 
        those contributions identified pursuant to section 
        1225(b)(3)(E) of the John Warner National Defense Authorization 
        Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2424).

SEC. 3. ANTI-SEMITISM AND THE UNITED NATIONS.

    (a) In General.--The President shall direct the United States 
Permanent Representative to the United Nations to use the voice, vote, 
and influence of the United States at the United Nations to make every 
effort--
            (1) to ensure the issuance and implementation of a 
        directive by the Secretary-General or the Secretariat, as 
        appropriate, that--
                    (A) requires all employees of the United Nations 
                and its specialized agencies to officially and publicly 
                condemn anti-Semitic statements made at any session of 
                the United Nations or its specialized agencies, or at 
                any other session sponsored by the United Nations;
                    (B) requires employees of the United Nations and 
                its specialized agencies, programs, and funds to be 
                subject to punitive action, including immediate 
                dismissal, for making anti-Semitic statements or 
                references;
                    (C) proposes specific recommendations to the 
                General Assembly for the establishment of mechanisms to 
                hold accountable employees and officials of the United 
                Nations and its specialized agencies, programs, and 
                funds, or Member States, that make such anti-Semitic 
                statements or references in any forum of the United 
                Nations or of its specialized agencies;
                    (D) continues to develop and implement education 
                awareness programs about the Holocaust and anti-
                Semitism throughout the world as part of an effort to 
                combat intolerance and hatred; and
                    (E) requires the Office of the United Nations High 
                Commissioner for Human Rights (OHCHR) to develop 
                programming and other measures that address anti-
                Semitism;
            (2) to secure the adoption of a resolution by the General 
        Assembly that establishes the mechanisms described in paragraph 
        (1)(C); and
            (3) to continue working toward further reduction of anti-
        Semitism in the United Nations and its specialized agencies, 
        programs, and funds.
    (b) Withholding of Funds.--Notwithstanding any other provision of 
law, of the amounts appropriated or otherwise made available for the 
United Nations and its affiliated agencies under the heading 
``Contributions for International Organizations'' for fiscal year 2017 
and each fiscal year thereafter, no amounts may be obligated or 
expended until the President certifies to the appropriate congressional 
committees that no United Nations agency or United Nations affiliated 
agency grants any official status, accreditation, or recognition to any 
organization which promotes or condones anti-Semitism, or which 
includes any such organization as a subsidiary or member. Amounts 
appropriated in a fiscal year for use as a United States contribution 
to the United Nations, but withheld from obligation and expenditure 
pursuant to this subsection, shall revert to the United States Treasury 
at the end of such fiscal year and shall not be considered arrears to 
be repaid to any United Nations entity.
    (c) United States Policy Regarding United Nations Security Council 
Resolution 2334.--
            (1) Findings.--Congress makes the following findings:
                    (A) Clause 10 of section 8 of Article I of the 
                Constitution of the United States reserves to Congress 
                the power ``To define and punish . . . Offenses against 
                the Law of Nations''.
                    (B) United Nations Security Council Resolution 
                2334, adopted on December 23, 2016, seeks to reaffirm 
                that ``the establishment by Israel of settlements in 
                the Palestinian territory occupied since 1967, 
                including East Jerusalem . . . constitutes a flagrant 
                violation under international law''.
                    (C) Congress has never included the building of 
                such settlements in the definition of an Offence 
                against the Law of Nations.
            (2) Policy.--It shall be the policy of the United States--
                    (A) to reject the premise in United Nations 
                Security Council Resolution 2334 that the establishment 
                by Israel of settlements in the Palestinian territory 
                occupied since 1967 constitutes a violation of 
                international law;
                    (B) to affirm that the establishment by Israel of 
                settlements in the Palestinian territory occupied since 
                1967, including East Jerusalem, does not constitute an 
                Offence against the Law of Nations, as defined by 
                Congress; and
                    (C) to prohibit United States funding of any United 
                Nations entity that attempts to enforce United Nations 
                Security Council Resolution 2334.

SEC. 4. REFORM OF UNITED NATIONS HUMAN RIGHTS COUNCIL.

    (a) In General.--Until the Secretary submits, to the appropriate 
congressional committees, a certification that the requirements 
described in subsection (b) have been satisfied--
            (1) the United States contribution to the regular budget of 
        the United Nations shall be reduced by an amount 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 or any of its special procedures;
            (2) the Secretary 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 annual certification referred to in 
subsection (a) is a certification made by the Secretary to Congress 
that the agenda of the United Nations Human Rights Council does not 
include a permanent item related to the State of Israel or the 
Palestinian territories.
    (c) Reversion of Funds.--Amounts appropriated and available for 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. The United States Government 
shall not consider such amounts to be arrears to be repaid to any 
United Nations entity.

SEC. 5. UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS RELIEF AND 
              WORKS AGENCY FOR PALESTINE REFUGEES IN THE NEAR EAST.

    (a) In General.--Section 301(c) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2221(c)) is amended to read as follows:
    ``(c) Palestine Refugees; Considerations and Conditions for 
Furnishing Assistance.--The United States may not provide contributions 
to the United Nations Relief and Works Agency for Palestine Refugees in 
the Near East (UNRWA) for programs in the West Bank and Gaza, a 
successor entity or any related entity, or to the regular budget of the 
United Nations for the support of UNRWA or a successor entity for 
programs in the West Bank and Gaza, until the Secretary certifies to 
the appropriate congressional committees (as defined in section 226) 
that--
            ``(1) no official, employee, consultant, contractor, 
        subcontractor, representative, or affiliate of UNRWA--
                    ``(A) is a member of Hamas or any United States-
                designated terrorist group; or
                    ``(B) has propagated, disseminated, or incited 
                anti-Israel, or anti-Semitic rhetoric or propaganda;
            ``(2) no UNRWA school, hospital, clinic, other facility, or 
        other infrastructure or resource is being used by Hamas or an 
        affiliated group for operations, planning, training, 
        recruitment, fundraising, indoctrination, communications, 
        sanctuary, storage of weapons or other materials, or any other 
        purposes;
            ``(3) UNRWA is subject to comprehensive financial audits by 
        an internationally recognized third party independent auditing 
        firm and has implemented an effective system of vetting and 
        oversight to prevent the use, receipt, or diversion of any 
        UNRWA resources by Hamas or any United States-designated 
        terrorist group, or their members; and
            ``(4) no recipient of UNRWA funds or loans is a member of 
        Hamas or any United States-designated terrorist group.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President and the Secretary should lead a high-
        level diplomatic effort to encourage other responsible nations 
        to withhold contributions to the United Nations Relief and 
        Works Agency for Palestine Refugees in the Near East (referred 
        to in this section as ``UNRWA'') to any successor or related 
        entity, or to the regular budget of the United Nations for the 
        support of UNRWA or a successor entity (through staff positions 
        provided by the United Nations Secretariat, or otherwise) until 
        UNRWA has met the conditions listed in subparagraphs (A) 
        through (F) of section 301(c) of the Foreign Assistance Act of 
        1961, as added by subsection (a);
            (2) citizens of recognized states should be removed from 
        UNRWA's jurisdiction;
            (3) UNRWA's definition of a ``Palestine refugee'' should be 
        changed to that used for a refugee by the Office of the United 
        Nations High Commissioner for Refugees; and
            (4) it should be the goal of the United States to eliminate 
        UNRWA and give the Office of the United Nations High 
        Commissioner for Refugees full responsibility for Palestine 
        refugees (as defined by the Office of the United Nations High 
        Commissioner for Refugees).
    (c) Report.--The Secretary of State shall--
            (1)(A) fulfill the reporting requirement relating to the 
        United Nations Relief and Works Agency under the Protracted 
        Refugee Situations subheading in Senate Report 112-172, as 
        referenced under the Migration and Refugee Assistance heading 
        in Senate Report 113-81 and Senate Report 113-195; and
            (B) publish an unclassified version of the report not later 
        than 60 days after the date of the enactment of this Act; or
            (2) if the Secretary is unable to fulfill the requirement 
        under paragraph (1), submit a written justification to the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Foreign Affairs of the House of Representatives that 
        describes the specific reasons why such requirement cannot be 
        met.

SEC. 6. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS AND 
              TO COUNTRIES SEEKING TO IMPLEMENT UN SECURITY COUNCIL 
              RESOLUTION 2334.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Director of the 
Office of Management and Budget shall submit a report to Congress 
that--
            (1) details all assessed and voluntary United States 
        contributions, including in-kind contributions, to the United 
        Nations and its affiliated agencies and related bodies during 
        the previous fiscal year; and
            (2) identifies the United States assistance provided during 
        the previous fiscal year to countries that are actively seeking 
        to implement United Nations Security Council Resolution 2334.
    (b) Content.--The report required under subsection (a) shall 
include--
            (1) the total amount of assessed and voluntary United 
        States contributions, including in-kind contributions, to the 
        United Nations and United Nations affiliated agencies and 
        related bodies;
            (2) the approximate percentage of United States 
        contributions to each United Nations affiliated agency or body 
        in such fiscal year compared to all contributions to such 
        agency or body from any source in such fiscal year;
            (3) for each such contribution--
                    (A) the amount of the contribution;
                    (B) a description of the contribution (including 
                whether assessed or voluntary);
                    (C) the department or agency of the United States 
                Government responsible for the contribution;
                    (D) the purpose of the contribution; and
                    (E) the United Nations or United Nations affiliated 
                agency or related body receiving the contribution; and
            (4) for each country that is actively seeking to implement 
        United Nations Security Council Resolution 2334, the total 
        amount of assistance provided by the United States Government 
        during the previous fiscal year.
    (c) Public Availability of Information.--Not later than 14 days 
after submitting each report required under subsection (a), the 
Director of the Office of Management and Budget shall post a public 
version of the report on a text-based, searchable, and publicly 
available Internet website.

SEC. 7. REPORT TO CONGRESS ON VOTING PRACTICES IN THE UNITED NATIONS.

    Section 406(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (22 U.S.C. 2414a(b)) is amended--
            (1) in paragraph (5), by striking ``; and'' and inserting 
        ``, including a separate section detailing the voting records 
        of each member country on resolutions that condemn the 
        Government of Israel;''
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) a table detailing the amount of direct United States 
        foreign assistance provided to each member country alongside 
        the voting comparison described in paragraph (5).''.

SEC. 8. REPORT ON ANTI-SEMITIC AND ANTI-ISRAELI ACTIVITY AT THE UNITED 
              NATIONS AND ITS AGENCIES.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Secretary shall submit a report to 
the appropriate congressional committees that describes--
            (1) all activities at the United Nations and its 
        subagencies that can be construed to exhibit an anti-Israel or 
        anti-Semitic bias, including official statements, proposed 
        resolutions, and United Nations investigations;
            (2) the use of United Nations resources to promote anti-
        Semitic or anti-Israel views, including publications, Internet 
        websites, and textbooks or other educational materials used to 
        propagate or disseminate political materials, including 
        political rhetoric regarding the Israeli-Palestinian conflict;
            (3) the propagation, dissemination, or incitement of anti-
        Israel or anti-Semitic rhetoric or propaganda at the United 
        Nations; and
            (4) specific actions taken by the United States Government 
        to address the instances of anti-Israel or anti-Semitic 
        activity at the United Nations described under paragraphs (1) 
        through (3).
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