[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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