[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3425 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3425
To redirect United States funding from the United Nations Relief and
Works Agency for Palestine Refugees in the Near East to other entities
providing assistance to Palestinians living in the West Bank, the Gaza
Strip, Jordan, Syria, and Lebanon.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 6, 2018
Mr. Lankford introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To redirect United States funding from the United Nations Relief and
Works Agency for Palestine Refugees in the Near East to other entities
providing assistance to Palestinians living in the West Bank, the Gaza
Strip, Jordan, Syria, and Lebanon.
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 ``Palestinian Assistance Reform Act of
2018''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States, which has been the largest donor to
the United Nations Relief and Works Agency for Palestine
Refugees in the Near East (referred to in this Act as
``UNRWA''), has contributed more than $6,000,000,000 to UNRWA
since 1949.
(2) UNRWA was originally established with the good
intention of assisting Arab refugees displaced by the 1948
Arab-Israeli conflict to rebuild their lives.
(3) UNRWA's current mandate provides for an increase in the
population of Arab persons who are assured, through their
status as ``Palestine refugees'', that they will be entitled to
return to Israel.
(4) UNRWA has identified more than 5,000,000 UNRWA refugees
in its records.
(5) If 5,000,000 UNRWA refugees were to move to Israel, the
Jewish people would become a minority population in Israel, and
Israel would no longer be a Jewish State.
(6) By 2030, the number of refugees recognized by UNRWA is
expected to reach 8,500,000.
(7) UNRWA's definition of refugees includes--
(A) individuals who are several generations removed
from the 1948 Arab-Israeli conflict;
(B) individuals who were born decades after the
conflict ended; and
(C) persons who have received citizenship from
other countries.
(8) UNRWA considers more than 2,000,000 citizens of Jordan,
most of whom were born in Jordan and have lived in Jordan for
their entire lives, as ``Palestine refugees''.
(9) UNRWA considers persons as ``Palestine refugees'' if
they live in the Gaza Strip or in the West Bank, which is the
putative home of a future Palestinian state.
(10) United States and international support for UNRWA, an
entity funded predominantly by Western countries, may be
construed by Palestinians to be the official guarantor that
their demand to return to Israel is an internationally
sanctioned right.
(11) On December 23, 2000, President Bill Clinton
articulated, in his proposal on Israeli-Palestinian peace
(known as the Clinton Parameters)--
(A) the need for a policy that makes ``clear that
there is no specific right of return to Israel'' for
the Palestinian people; and
(B) with respect to Palestinian refugees, a
``Palestinian state would be the focal point for
Palestinians who choose to return to the area''.
(12) UNRWA refugee camps have been used by the
international community--
(A) to prevent Palestinians from peaceably settling
and focusing on building their livelihoods and future;
and
(B) to encourage Palestinians to prepare for a
return to Israel.
(13) The presence of UNRWA refugee camps is directly
correlated with unemployment and low earnings among Palestinian
communities.
(14) According to the Palestinian Central Bureau of
Statistics--
(A) 4 of the 5 governorates of the West Bank and
Gaza with the highest percentage of their populations
living in UNRWA camps have the highest rates of
unemployment; and
(B) 5 of the 6 governorates of the West Bank and
Gaza with the highest percentage of their populations
living in UNRWA camps also have the lowest average
daily wages.
(15) UNRWA facilities have been used to support terrorist
activities.
(16) On July 16, 2014, UNRWA reported that--
(A) it had found 20 missiles in one of its schools
in Gaza, which were likely placed at the school by
Hamas; and
(B) it returned the missiles to the ``relevant
authorities'' in Gaza, which is controlled by Hamas.
(17) On July 22, 2014, UNRWA reported that it had found
additional missiles that had been stockpiled in another of its
schools in Gaza.
(18) On July 29, 2014, UNRWA confirmed, for the third time
in less than a month, that a stockpile of Hamas rockets was
found in one of its schools in Gaza, which--
(A) established a pattern of Hamas weapons being
stored in UNRWA facilities; and
(B) calls into question UNRWA's claim of being
caught unawares to Hamas' actions.
(19) On July 30, 2014, John Ging, who was the Director of
UNRWA Operations in the Gaza Strip from 2006 to 2011, when
asked if Hamas has been using human shields and using United
Nations schools and hospitals to store weapons and as a shelter
from which to launch missiles into Israel, stated, ``Yes, the
armed groups are firing their rockets into Israel from the
vicinity of UN facilities and residential areas. Absolutely.''.
(20) On September 1, 2015, the nongovernmental organization
UN Watch published a report documenting 12 different Facebook
accounts operated by UNRWA officials that openly incite anti-
Semitism and violence, including Ahmed Fathi Bader, who--
(A) identified himself as a Deputy School Principal
at UNRWA; and
(B) praised the murder of ``a group of
collaborators with the Jews''.
(21) On October 16, 2015, UN Watch published a ``Report on
UNRWA Teachers and Other Officials Inciting Violence &
Antisemitism'' identifying an additional 10 UNRWA individuals
that openly incite to anti-Semitism and violence, including
Hani Al Ramahi, who--
(A) identified himself as a ``Projects Support
Assistant at UNRWA''; and
(B) posted an image that encouraged Palestinians to
``stab Zionist dogs''.
(22) On February 26, 2017, UNRWA announced that it had
suspended Suhail al-Hindi, the chairman of the UNRWA
Palestinian workers' union in Gaza and the principal of an
UNRWA elementary school after receiving substantial information
that al-Hindi was elected to Hamas' politburo in a vote in
early February 2017.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue supporting assistance to the Palestinians
by--
(A) addressing urgent humanitarian needs;
(B) promoting peace in the region;
(C) improving security in the region;
(D) supporting transparent and accountable
government institutions; and
(E) promoting a private sector economy;
(2) to provide assistance to the Palestinians based on
humanitarian, security, and economic needs; and
(3) to make the UNRWA's definition of ``refugee''
consistent with United States law, including sections
101(a)(42), 207(c)(2), and 208(b)(2)(A)(vi) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(42), 1157(c)(2), and
1158(b)(2)(A)(vi).
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States humanitarian, economic, and security
assistance to the Palestinians is an important component of
United States foreign policy that serves to promote long-
lasting peace between Israelis and Palestinians;
(2) United States support for Palestinians should be
structured in a manner that promotes the prospects for peace,
rather than in a manner that undermines peace;
(3) continued United States financial support for UNRWA
(absent significant reform)--
(A) enables the fostering of ill will toward Israel
and the United States rather than building a stable and
prosperous future for Palestinians; and
(B) further exacerbates the dire economic situation
faced by Palestinian communities, as documented by the
Palestinian Central Bureau of Statistics' reporting of
higher unemployment and lower wages in areas with a
greater proportion of Palestinians living inside UNRWA
camps;
(4) UNRWA promotes a political and economic environment
that is not in the immediate- or long-term interest of the
Palestinian people;
(5) United States financial support for UNRWA should not be
construed to imply United States support for all Palestinians'
right of return to Israel;
(6) nothing prevents the United States from providing
assistance to Palestinians in need regardless of refugee
status;
(7) UNRWA's policy of expanding the Palestinian refugee
population, generation after generation, in contrast to every
other refugee population in history, is not a financially
sustainable model for United States taxpayers to continue to
support without significant reform;
(8) UNRWA, which has approximately 33,000 Palestinians on
its payroll and provides many basic services in parallel to the
Palestinian Authority is an obstacle to the Palestinian
Authority's ability to govern and provide basic services;
(9) the United Nations should prioritize the dismantlement
of UNRWA refugee camps in the West Bank and Gaza to allow
Palestinians currently residing in such camps to integrate into
their local communities and labor force;
(10) Senate Report 112-172 directed the Secretary of State
to submit a report indicating--
(A) the approximate number of people currently
served by UNRWA who actually lived in what was referred
to as Palestine between 1946 and 1948 and were
displaced by the 1948 Arab-Israeli War;
(B) the descendants of the people described in
subparagraph (A);
(C) the extent to which the provision of UNRWA
services furthers the security interests of the United
States and allies of the United States; and
(D) the methodology and challenges in preparing
such report;
(11) the report described in paragraph (10) should be
declassified; and
(12) all refugees of Syria should be assisted solely by
UNHCR as Syrian refugees.
SEC. 5. UNRWA REFORM AND CERTIFICATION.
(a) Certification.--Not later than June 30, 2020, the Secretary of
State shall seek to certify to Congress that UNRWA--
(1) is utilizing Operations Support Officers in the West
Bank, Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) is acting promptly to address--
(A) any staff or beneficiary violations of its
policies (including the policies on neutrality and
impartiality of employees); and
(B) the legal requirements under section 301(c) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2221(c));
(3) is implementing procedures to maintain the neutrality
of its facilities, including implementing a no-weapons policy
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other appropriate
purposes;
(4) is taking necessary and appropriate measures to ensure
that UNRWA is--
(A) operating in compliance with section 301(c) of
the Foreign Assistance Act of 1961; and
(B) continuing regular reporting to the Department
of State on actions it has taken to ensure conformance
with such conditions;
(5) is taking steps to ensure that the content of all
educational materials taught in UNRWA-administered schools and
summer camps--
(A) is consistent with the value of dignity for all
persons; and
(B) does not induce or encourage incitement,
violence, or prejudice;
(6) is not engaging in operations with financial
institutions or related entities in violation of relevant
United States law;
(7) is taking steps to improve the financial transparency
of UNRWA;
(8) is in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in a
timely fashion the Board's recommendations;
(9) is working to integrate UNRWA refugees into their local
communities and labor force; and
(10) has adopted a definition of refugee that--
(A) is consistent with the laws referred to in
section 3(3);
(B) only includes individuals who were personally
displaced by the 1948 Arab-Israeli conflict; and
(C) excludes individuals who--
(i) have subsequently gained nationality in
another country; or
(ii) live in Gaza or the West Bank (the
putative homeland of a future Palestinian
state).
(b) Funding Limitation.--If the Secretary of State does not make
the certification described in subsection (a) by June 30, 2020, no
agency or instrumentality of the United States Government may provide
any funding, directly or indirectly, to the United Nations Relief and
Works Agency for Palestine Refugees in the Near East.
(c) Waiver Authority.--The President may waive the requirements of
this section for 1 year, beginning not less than 30 days after the
President determines and reports to the appropriate congressional
committees that such waiver is vital to the national interests of the
United States.
SEC. 6. FUNDING.
(a) Authorization of Reprogramming.--If the certification referred
to in section 5(b) is not made before June 30, 2020, and a waiver
pursuant to section 5(c) is not in effect--
(1) the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, is authorized to reprogram during fiscal year
2020, for the purposes set forth in subsection (b), amounts
that were intended, appropriated, or obligated for UNRWA; and
(2) there are authorized to be appropriated, for fiscal
year 2021, $360,000,000 for the purposes set forth in
subsection (b).
(b) Use of Reprogrammed Funds.--Amounts reprogrammed or
appropriated pursuant to subsection (a) may be used for assistance to
Palestinians living in the West Bank, the Gaza Strip, Jordan, Syria, or
Lebanon through--
(1) the Palestinian Authority, for the provision of health,
education, and other necessary services;
(2) vetted nongovernmental organizations providing
humanitarian assistance in the Gaza Strip;
(3) the governments of countries in which UNRWA operates
and maintains official UNRWA facilities, for the provision of
health, education, and other necessary services;
(4) the Office of the United Nations High Commissioner for
Refugees, for services to persons of Palestinian descent who
have been denied citizenship in Syria or Lebanon to find
individual solutions of local integration or resettlement in
third countries in a way that--
(A) ends their refugee status; and
(B) is consistent with current UNHCR policy with
respect to all refugees;
(5) the United States Agency for International Development
or other local entities, as determined by the Secretary, such
as hospitals, clinics, and schools, for the provision of health
and education services in the West Bank if the Palestinian
Authority cannot or will not use United States funding for the
purposes described in paragraph (1); and
(6) other entities, as determined by the Secretary, for
humanitarian, education, health care, and economic development-
related assistance for the Palestinians.
(c) Palestinian Assistance Trust Fund.--
(1) Trust fund.--There is established in the Treasury of
the United States a trust fund, which shall be known as the
``Palestinian Assistance Trust Fund'', which shall consist of
amounts reprogrammed pursuant to subsection (a).
(2) Distribution of funds.--
(A) In general.--The Secretary of State, in
consultation with the Administrator of the United
States Agency for International Development, shall
distribute amounts from the Palestinian Assistance
Trust Fund to the entities listed in paragraphs (1)
through (6) of subsection (a) based on such criteria
and benchmarks as the Secretary shall establish, in
accordance with subparagraph (B).
(B) Criteria and benchmarks.--The criteria and
benchmarks established by the Secretary under
subparagraph (A) shall seek to prioritize the
distribution of funds to entities listed in paragraphs
(1) through (6) of subsection (a) based upon the
transfer of responsibility for--
(i) education, health, and other services
currently provided by UNRWA in the West Bank to
the Palestinian Authority;
(ii) such services in the Gaza Strip to the
Palestinian Authority or vetted nongovernmental
or United Nations organizations working in the
region;
(iii) such services in other countries (in
which UNRWA operates and maintains official
UNRWA facilities) to the governments of such
countries; and
(iv) such services to UNHCR for assistance
to Palestinians denied citizenship in Syria and
Lebanon, contingent upon the implementation of
a plan for permanent resettlement in such
countries or other third countries.
(C) Effect.--The application of the criteria under
subparagraph (B) should--
(i) reduce the number of Palestinians who
are classified as refugees by the United
Nations and other international refugee
organizations;
(ii) increase the employment rate and job
opportunities available for former UNRWA
beneficiaries; and
(iii) enhance the Palestinian Authority's
ability--
(I) to govern effectively; and
(II) to provide necessary services
to all Palestinians under its authority
in the West Bank.
SEC. 7. REPORTING REQUIREMENTS.
(a) Report on Classification.--
(1) Review.--Not later than 30 days after the date of the
enactment of this Act, the President shall review the
classification of a report related to UNRWA provided to
Congress by the Department of State pursuant to Senate Report
112-172 under the heading ``Protracted Refugee Situations''.
(2) Effect of review.--
(A) Declassification.--If the President determines
that the report referred to in paragraph (1) should not
be classified, the President shall immediately order
its declassification.
(B) Justification.--If the President determines
that the report referred to in paragraph (1) is
appropriately classified, the President shall provide
an unclassified report to Congress that includes a
justification of why the release of basic census
information related to UNRWA would pose a threat to the
national security of the United States.
(b) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and every year thereafter, the Secretary of
State shall submit a report to Congress that identifies--
(1) the number of people--
(A) who, in the preceding year, received UNRWA
services;
(B) whose place of residence between June 1946 and
May 1948 was Palestine; and
(C) who were displaced as a result of the 1948
Arab-Israeli conflict;
(2) the number of people--
(A) who, in the preceding year, received UNRWA
services; and
(B) who are descendants of persons described in
paragraph (A); and
(3) the number of people--
(A) who, in the preceding year, received UNRWA
services; and
(B) who are citizens of another country.
(c) Regional Breakout Data.--In preparing the report required under
subsection (b), the Secretary of State shall include regional breakout
data to identify how many individuals described in paragraphs (1)
through (3) of subsection (b) live in the West Bank, Gaza, Jordan,
Lebanon, and Syria, respectively.
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