[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5249-S5250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5767. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XII, add the following:

   Subtitle G--United Nations Relief and Works Agency for Palestine 
                       Refugees in the Near East

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``UNRWA Accountability 
     and Transparency Act''.

     SEC. 1282. STATEMENT OF POLICY.

       (a) Palestinian Refugee Defined.--It shall be the policy of 
     the United States, in matters concerning the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East (referred to in this Act as ``UNRWA''), which operates 
     in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, 
     to define a Palestinian refugee as a person who--
       (1) resided, between June 1946 and May 1948, in the region 
     controlled by Britain between 1922 and 1948 that was known as 
     Mandatory Palestine;
       (2) was personally displaced as a result of the 1948 Arab-
     Israeli conflict; and
       (3) has not accepted an offer of legal residency status, 
     citizenship, or other permanent adjustment in status in 
     another country or territory.
       (b) Limitations on Refugee and Derivative Refugee Status.--
     In applying the definition under subsection (a) with respect 
     to refugees receiving assistance from UNRWA, it shall be the 
     policy of the United States, consistent with the definition 
     of refugee in section 101(a)(42) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements 
     for eligibility for refugee status under section 207 of such 
     Act (8 U.S.C. 1157), that--
       (1) derivative refugee status may only be extended to the 
     spouse or a minor child of a Palestinian refugee; and
       (2) an alien who is firmly resettled in any country is not 
     eligible to retain refugee status.

     SEC. 1283. UNITED STATES CONTRIBUTIONS TO UNRWA.

       Section 301(c) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2221) is amended to read as follows:
       ``(c) Withholding.--
       ``(1) Definitions.--In this subsection:
       ``(A) Anti-semitic.--The term `anti-Semitic'--
       ``(i) has the meaning adopted on May 26, 2016, by the 
     International Holocaust Remembrance Alliance as the non-
     legally binding working definition of anti-Semitism; and
       ``(ii) includes the contemporary examples of anti-Semitism 
     in public life, the media, schools, the workplace, and in the 
     religious sphere identified on such date by the International 
     Holocaust Remembrance Alliance.
       ``(B) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(i) the Committee on Foreign Relations of the Senate;
       ``(ii) the Committee on Appropriations of the Senate;
       ``(iii) the Committee on Foreign Affairs of the House of 
     Representatives; and
       ``(iv) the Committee on Appropriations of the House of 
     Representatives.
       ``(C) Boycott of, divestment from, and sanctions against 
     israel.--The term `boycott of, divestment from, and sanctions 
     against Israel' has the meaning given to such term in section 
     909(f)(1) of the Trade Facilitation and Trade Enforcement Act 
     of 2015 (19 U.S.C. 4452(f)(1)).
       ``(D) Foreign terrorist organization.--The term `foreign 
     terrorist organization' means an organization designated as a 
     foreign terrorist organization by the Secretary of State in 
     accordance with section 219(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1189(a)).
       ``(E) UNRWA.--The term `UNRWA' means the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East.
       ``(2) Certification.--Notwithstanding any other provision 
     of law, the United States may not provide contributions to 
     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) unless the Secretary 
     of State submits a written

[[Page S5250]]

     certification to the appropriate congressional committees 
     that--
       ``(A) no official, employee, consultant, contractor, 
     subcontractor, representative, affiliate of UNRWA, an UNRWA 
     partner organization, or an UNRWA contracting entity pursuant 
     to completion of a thorough vetting and background check 
     process--
       ``(i) is a member of, is affiliated with, or has any ties 
     to a foreign terrorist organization, including Hamas and 
     Hezbollah;
       ``(ii) has advocated, planned, sponsored, or engaged in any 
     terrorist activity;
       ``(iii) has propagated or disseminated anti-American, anti-
     Israel, or anti-Semitic rhetoric, incitement, or propaganda, 
     including--

       ``(I) calling for or encouraging the destruction of Israel;
       ``(II) failing to recognize Israel's right to exist;
       ``(III) showing maps without Israel;
       ``(IV) describing Israelis as `occupiers' or `settlers';
       ``(V) advocating, endorsing, or expressing support for 
     violence, hatred, jihad, martyrdom, or terrorism, glorifying, 
     honoring, or otherwise memorializing any person or group that 
     has advocated, sponsored, or committed acts of terrorism, or 
     providing material support to terrorists or their families;
       ``(VI) expressing support for boycott of, divestment from, 
     and sanctions against Israel (commonly referred to as `BDS');
       ``(VII) claiming or advocating for a `right of return' of 
     refugees into Israel;
       ``(VIII) ignoring, denying, or not recognizing the historic 
     connection of the Jewish people to the land of Israel; and
       ``(IX) calling for violence against Americans; or

       ``(iv) has used any UNRWA resources, including 
     publications, websites, or social media platforms, to 
     propagate or disseminate anti-American, anti-Israel, or anti-
     Semitic rhetoric, incitement, or propaganda, including with 
     respect to any of the matters described in subclauses (I) 
     through (IX) of clause (iii);
       ``(B) no UNRWA school, hospital, clinic, facility, or other 
     infrastructure or resource is being used by a foreign 
     terrorist organization or any member thereof--
       ``(i) for terrorist activities, such as operations, 
     planning, training, recruitment, fundraising, indoctrination, 
     communications, sanctuary, storage of weapons or other 
     materials; or
       ``(ii) as an access point to any underground tunnel 
     network, or any other terrorist-related purposes;
       ``(C) UNRWA is subject to comprehensive financial audits by 
     an internationally recognized third party independent 
     auditing firm that--
       ``(i) is agreed upon by the Government of Israel and the 
     Palestinian Authority; and
       ``(ii) has implemented an effective system of vetting and 
     oversight to prevent the use, receipt, or diversion of any 
     UNRWA resources by any foreign terrorist organization or 
     members thereof;
       ``(D) no UNRWA controlled or funded facility, such as a 
     school, an educational institution, or a summer camp, uses 
     textbooks or other educational materials that propagate or 
     disseminate anti-American, anti-Israel, or anti-Semitic 
     rhetoric, incitement, or propaganda, including with respect 
     to any of the matters described in subclauses (I) through 
     (IX) of subparagraph (A)(iii);
       ``(E) no recipient of UNRWA funds or loans is--
       ``(i) a member of, is affiliated with, or has any ties to a 
     foreign terrorist organization; or
       ``(ii) otherwise engaged in terrorist activities; and
       ``(F) UNRWA holds no accounts or other affiliations with 
     financial institutions that the United States considers or 
     believes to be complicit in money laundering and terror 
     financing.
       ``(3) Period of effectiveness.--
       ``(A) In general.--A certification described in paragraph 
     (2) shall be effective until the earlier of--
       ``(i) the date on which the Secretary receives information 
     rendering the certification described in paragraph (2) 
     factually inaccurate; or
       ``(ii) the date that is 180 days after the date on which it 
     is submitted to the appropriate congressional committees.
       ``(B) Notification of renunciation.--If a certification 
     becomes ineffective pursuant to subparagraph (A), the 
     Secretary shall promptly notify the appropriate congressional 
     committees of the reasons for renouncing or failing to renew 
     such certification.
       ``(4) Limitation.--During any year in which a certification 
     described in paragraph (1) is in effect, the United States 
     may not contribute to UNRWA, or to any successor entity, an 
     amount that--
       ``(A) is greater than the highest contribution to UNRWA 
     made by a member country of the League of Arab States for 
     such year; and
       ``(B) is greater (as a proportion of the total UNRWA 
     budget) than the proportion of the total budget for the 
     United Nations High Commissioner for Refugees paid by the 
     United States.''.

     SEC. 1284. REPORT.

       (a) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees describing the actions being taken 
     to implement a comprehensive plan for--
       (1) encouraging other countries to adopt the policy 
     regarding Palestinian refugees that is described in section 
     1282;
       (2) urging other countries to withhold their contributions 
     to 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)(2) of the Foreign Assistance Act of 1961, as 
     added by section 1283;
       (3) working with other countries to phase out UNRWA and 
     assist Palestinians receiving UNRWA services by--
       (A) integrating such Palestinians into their local 
     communities in the countries in which they are residing; or
       (B) resettling such Palestinians in countries other than 
     Israel or territories controlled by Israel in the West Bank 
     in accordance with international humanitarian principles; and
       (4) ensuring that the actions described in paragraph (3)--
       (A) are being implemented in complete coordination with, 
     and with the support of, Israel; and
       (B) do not endanger the security of Israel in any way.
                                 ______