[House Report 118-406]
[From the U.S. Government Publishing Office]


118th Congress }                                              { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                              { 118-406

======================================================================



 
              STOP SUPPORT FOR UNITED NATIONS RELIEF AND 
                       WORKS AGENCY ACT OF 2024 

                                _______
                                

 March 5, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

           Mr. McCaul, from the Committee on Foreign Affairs, 
                       submitted the following 

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 7122]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Foreign Affairs, to whom was referred the 
bill (H.R. 7122) to prohibit aid that will benefit Hamas, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose..............................................     2
Hearings.........................................................     3
Committee Consideration and Votes................................     4
Oversight Findings and Recommendations...........................     5
New Budget Authority, Tax Expenditures, and Federal Mandates.....     5
Congressional Budget Office Cost Estimate........................     6
Committee Cost Estimate..........................................     6
Federal Mandates.................................................     7
Non-Duplication of Federal Programs..............................     7
Performance Goals and Objectives.................................     7
Congressional Accountability Act.................................     7
New Advisory Committees..........................................     7
Earmark Identification...........................................     7
Section-by-Section Analysis......................................     7
Changes in Existing Law..........................................     8
Dissenting Views.................................................     9

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Stop Support for United Nations Relief 
and Works Agency Act of 2024'' or the ``Stop Support for UNRWA Act of 
2024''.

SEC. 2. UNITED STATES CONTRIBUTIONS TO UNRWA.

  The United States may not make any voluntary or assessed 
contributions to the United Nations Relief and Works Agency for 
Palestine Refugees in the Near East (referred to in this Act as 
``UNRWA'') or to the regular budget of the United Nations for the 
support of UNRWA.

SEC. 3. NONPRECLUSION OF HUMANITARIAN ASSISTANCE.

  Nothing in this Act may be construed to preclude the provision of 
humanitarian assistance through any agency or entity other than UNRWA 
to individuals or entities that also receive assistance from UNRWA if 
the Secretary of State certifies to Congress that such other agency or 
entity--
          (1) does not promote, espouse, or affiliate with entities or 
        individuals that promote violence, terrorism, or antisemitism, 
        as such term is defined by the IHRA Working Definition of 
        Antisemitism; and
          (2) does not employ individuals who promote, espouse, or 
        affiliate with such entities or individuals.

                          SUMMARY AND PURPOSE

    H.R. 7122, the Stop Support for United Nations Relief and 
Works Agency Act of 2024, prohibits the United States from 
making any voluntary or assessed contributions to the United 
Nations Relief and Works Agency for Palestine Refugees in the 
Near East (UNRWA), or to the regular budget of the UN for the 
support of UNRWA. The purpose of this legislation is to ensure 
that no United States assistance is being provided to an 
entity, like UNRWA, that promotes violence, terrorism, or anti-
Semitism, or employs individuals who do so, following 
disturbing revelations regarding the conduct of UNRWA employees 
and years of concern regarding UNRWA's relationship with the 
foreign terrorist organization Hamas.
    On January 26, 2024, UNRWA announced that it was 
investigating allegations that several of its employees may 
have been involved in Hamas' October 7, 2023 massacre in 
Israel, which was the deadliest day for Jews since the 
Holocaust. The October 7 attack killed over 1,200 people, 
resulted in more than 240 people being taken hostage, including 
babies, and included widespread rape and sexual violence. 
Information subsequently published by the Wall Street Journal 
indicated that at least 12 UNRWA employees had connections to 
the October 7 attacks, and that 10 percent of UNRWA employees 
in Gaza have ties to Hamas.
    On January 26, the same day as UNRWA's investigation 
announcement, the Biden Administration announced that it had 
``temporarily paused additional funding for UNRWA while we 
review these allegations and the steps the United Nations has 
taken to address them.'' It is unclear how long this temporary 
pause will last. H.R. 7122 was introduced as an urgent response 
to these events to permanently end U.S. contributions to UNRWA 
given long-term concerns about systemic anti-Israel and 
antisemitic actions by UNRWA employees and UNRWA complicity 
with Hamas in Gaza. Notably, evidence of UNRWA's concerning 
relationship with Hamas has continued to build even since the 
Committee's markup of H.R. 7122. On February 10, 2024, public 
reports indicated the Israeli Defense Forces (IDF) had 
discovered a major Hamas data center hidden beneath UNRWA's 
headquarters in the Gaza Strip.
    UNRWA was founded in 1949 to provide humanitarian 
assistance and protection to Palestinian refugees living in the 
West Bank, Gaza Strip, Jordan, Lebanon, and Syria. UNRWA is 
part of the United Nations system. UNRWA continues to serve 
individuals registered as Palestinian refugees at the time of 
UNRWA's founding and their descendants--according to UNRWA, 
their mandate currently covers 5.9 million people. Notably, 
UNRWA operates separately from UNHCR, the UN refugee agency 
that covers all other refugees globally. UNRWA provides life-
saving assistance, health care, education, and other services 
directly to its beneficiaries. Ninety-five percent of the UNRWA 
budget is funded through voluntary contributions from 
governments and the European Union. The United States has 
typically been a leading donor to UNRWA, including in 2022, 
when the United States provided $343.9 million dollars to UNRWA 
(with the next highest donor providing $202 million). Notably, 
President Trump stopped U.S. contributions to UNRWA in 2018 and 
did not resume such contributions during his Presidency. 
President Biden resumed U.S. funding to UNRWA in 2021.
    Concerns about UNRWA's ties to Hamas and its teaching of 
anti-Israel, antisemitic content are longstanding. Reviews of 
textbooks used in UNRWA schools in Gaza by non-government 
organizations (NGOs) show these textbooks exclude Israel on 
maps and depict Jews as colonialist dividers and enemy 
occupiers, and praise violence and martyrdom. Notably, as 
reported in Foreign Policy, a 5th grade class in an UNRWA 
school was taught about Dalal Mughrabi, with the lesson 
reading, ``our Palestinian history is full of many names of 
shuhada (martyrs) who sacrificed their lives for the homeland, 
including the shahida (martyr) Dalal Mughrabi whose struggle 
took the form of defiance and heroism, which made her memory 
immortal in our hearts and minds.'' There are also longtime 
concerns about UNRWA employees' ties to Hamas. In 2017, UNRWA 
school principal Suhail al-Hindi and UNRWA engineer Muhammad 
al-jamassi were elected to the Hamas politburo. In January 
2024, an NGO published a report documenting how 30 UNRWA staff 
in a social media group for UNRWA employees celebrated and 
endorsed Hamas' October 7 massacre.
    The Committee has previously considered and supported 
legislation to address problematic materials in textbooks used 
in UNRWA schools. H.R. 3266, the Peace and Tolerance in 
Palestinian Education Act (sponsored by Rep. Brad Sherman (D-
CA)) requires a report on the curriculum used in schools in 
areas controlled by the Palestinian Authority, which include 
the textbooks used in UNRWA schools in the West Bank and Gaza. 
The Committee ordered H.R. 3266 favorably reported to the House 
by a vote of 46-0 on October 18, 2023. The House subsequently 
passed H.R. 3266 by voice vote on November 1, 2023.

                                HEARINGS

    In compliance with clause 3(c)(6) of rule XIII of the rules 
of the House of Representatives, the Committee held the 
following hearings related to--and used to develop--the text of 
H.R. 7122 as favorably reported by the Committee:
     The January 30, 2024 joint hearing of the 
Subcommittee on Oversight & Accountability and Subcommittee on 
Global Health, Global Human Rights, and International 
Organizations titled ``UNRWA Exposed: Examining the Agency's 
Mission and Failures,'' discussed the wide range of allegations 
related to UNRWA's relationship with Hamas and role in teaching 
anti-Israel, antisemitic content, and whether the United States 
should stop funding UNRWA.
     The November 8, 2023 full Committee hearing 
titled, ``Friend and Ally: U.S. Support for Israel after Hamas' 
Barbaric Attack'' included discussion of: whether UNRWA employs 
Hamas members; whether U.S. funding to UNRWA has been diverted 
to Hamas; how the Administration works to bring problematic 
education materials to UNRWA's attention; and UNRWA's role in 
providing humanitarian assistance and services in Syria, 
Lebanon, Gaza, the West Bank, and Jordan.
     The November 8, 2023 hearing of the Subcommittee 
on Global Health, Global Human Rights, and International 
Organizations titled, ``United Nations' Bigotry Toward Israel: 
UNRWA Anti-semitism Poisons Palestinian Youth,'' discussed 
concerns about systemic anti-Israel, antisemitism bias at UNRWA 
and other UN entities, and how UNRWA's biases engender 
antisemitic, anti-Israel views among Palestinians.
     The September 27, 2023 hearing of the Subcommittee 
on the Middle East, North Africa, and Central Asia titled, ``No 
Incentive for Terrorism: U.S. Implementation of the Taylor 
Force Act and Efforts to Stop `Pay to Slay''' discussed 
concerns that UNRWA teaches problematic materials in schools, 
and whether the United States should continue funding UNRWA.
     The June 22, 2023 hearing of the Subcommittee on 
Global Health, Global Human Rights, and International 
Organizations titled, ``Responding to Anti-Semitism and Anti-
Israel Bias in the UN, Palestinian Authority, and NGO 
Community,'' included discussion of UNRWA, including UNRWA 
teachers and staff promoting violence and antisemitism on 
social media.

                COMMITTEE CONSIDERATION AND VOTES

    The Committee considered H.R. 7122 pursuant to notice, in 
open session, at a markup on February 6, 2024. By unanimous 
consent, Smith amendment #95 (in the nature of a substitute) 
was considered base text for purposes of markup. The following, 
additional amendments were considered by the Committee:
     Schneider Amendment #60 (in the Nature of a 
Substitute) was offered and withdrawn.
     Smith amendment #96 (to clarify that nothing in 
this act precludes humanitarian assistance provided by entities 
that do not promote violence, terrorism or antisemitism) was 
adopted by voice vote.
     Meeks amendment #63 (to delay implementation of 
the funding prohibition until the Secretary of State certifies 
that there is a replacement for UNRWA), failed by a vote of 21 
Ayes to 26 Noes.
           Ayes (21): Meeks, Sherman, Connolly, 
        Keating, Bera, Castro, Titus, Wild, Allred, Kim (NJ), 
        Jacobs, Manning, Cherfilus-McCormick, Stanton, Dean, 
        Moskowitz, Jackson (IL), Kamlager-Dove, Crow, Amo, 
        Schneider.
           Noes (26): McCaul, Smith, Wilson, Issa, 
        Wagner, Mast, Buck, Burchett, Green, Barr, Jackson 
        (TX), Kim (CA), Salazar, Huizenga, Radewagen, Hill, 
        Davidson, Baird, Waltz, Kean, Lawler, Mills, McCormick, 
        Moran, James, Self.
     Manning amendment #48 (to create a waiver to the 
funding prohibition) failed by a vote of 22 Ayes to 27 Noes.
           Ayes (22): Meeks, Sherman, Connolly, 
        Keating, Bera, Castro, Titus, Wild, Allred, Kim (NJ), 
        Jacobs, Manning, Cherfilus-McCormick, Stanton, Dean, 
        Moskowitz, Jackson (IL), Kamlager-Dove, Costa, Crow, 
        Amo, Schneider.
           Noes (27): McCaul, Smith, Wilson, Perry, 
        Issa, Wagner, Mast, Buck, Burchett, Green, Barr, 
        Jackson (TX), Kim (CA), Salazar, Huizenga, Radewagen, 
        Hill, Davidson, Baird, Waltz, Kean, Lawler, Mills, 
        McCormick, Moran, James, Self.
    H.R. 7122, as amended, was ordered favorably reported to 
the House by a vote of 30 Ayes to 19 Noes.
     Ayes (30): McCaul, Smith, Wilson, Perry, Issa, 
Wagner, Mast, Buck, Burchett, Green, Barr, Jackson (TX), Kim 
(CA), Salazar, Huizenga, Radewagen, Hill, Davidson, Baird, 
Waltz, Kean, Lawler, Mills, McCormick, Moran, James, Self, 
Manning, Moskowitz, Schneider.
     Noes (19): Meeks, Sherman, Connolly, Keating, 
Bera, Castro, Titus, Wild, Allred, Kim (NJ), Jacobs, Cherfilus-
McCormick, Stanton, Dean, Jackson (IL), Kamlager-Dove, Costa, 
Crow, Amo.

                OVERSIGHT FINDINGS AND RECOMMENDATIONS

    In compliance with Clause 3(c)(1) of rule XIII of the rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under Clause 2(b)(1) of rule X of the 
House of Representatives, are incorporated in the ``Summary and 
Purpose'' section of this report, above.

      NEW BUDGET AUTHORITY, TAX EXPENDITURES, AND FEDERAL  
                           MANDATES

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this bill does not provide new budget authority or increased 
tax expenditures.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 7122 would prohibit the federal government from making 
any voluntary or assessed contributions to the United Nations 
Relief and Works Agency (UNRWA), the international agency that 
provides humanitarian and other assistance to Palestinians in 
the Middle East. Subject to certification by the Department of 
State, the bill would allow contributions to other entities 
that could provide such humanitarian assistance.
    Over the 2021-2023 period, U.S. funding for UNRWA averaged 
$350 million a year. According to the Administration, in fiscal 
year 2024 it provided about $122 million to UNRWA before 
suspending financial support in January 2024.
    CBO estimates that under the bill, the Administration would 
redirect any pending or future contributions to other entities; 
thus, the prohibition would change which entities receive U.S. 
support but would not substantially affect the amount of 
humanitarian support provided for Palestinians.
    Based on the costs of similar activities, CBO further 
estimates that providing the certifications required under the 
bill would cost less than $500,000 over the 2024-2029 period. 
Any spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Sunita D'Monte. 
The estimate was reviewed by Christina Hawley Anthony, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel, 
                          Director, Congressional Budget Office.

                     COMMITTEE COST ESTIMATE

    The Committee adopts as its own the Congressional Budget 
Office cost estimate on this measure.

                        FEDERAL MANDATES

    The Committee adopts as its own the identification, 
description, and assessment of federal mandates contained in 
the Congressional Budget Office cost estimate on this measure.

                NON-DUPLICATION OF FEDERAL PROGRAMS

    Clause 3(c)(5) of House rule XIII is not applicable to this 
measure, as it is not a bill or joint resolution that 
establishes or reauthorizes a federal program.

                PERFORMANCE GOALS AND OBJECTIVES

    The goal of H.R. 7122 is to ensure that no United States 
assistance is being provided to an entity, like UNRWA, that 
promotes violence, terrorism, or anti-Semitism, or employs 
individuals who do so, following disturbing revelations 
regarding the conduct of UNRWA employees and years of concern 
regarding UNRWA's relationship with the Foreign Terrorist 
Organization Hamas.

                CONGRESSIONAL ACCOUNTABILITY ACT

    H.R. 7122 does not apply to terms and conditions of 
employment or to access to public services or accommodations 
within the legislative branch.

                     NEW ADVISORY COMMITTEES

    H.R. 7122 does not establish or authorize any new advisory 
committees.

                      EARMARK IDENTIFICATION

    H.R. 7122 contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits as described in clauses 
9(e), 9(f), and 9(g) of House rule XXI.

                    SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section identifies the short title as the ``Stop 
Support for United Nations Relief and Works Agency Act of 
2024'' or the ``Stop Support for UNRWA Act of 2024.''

Section 2. United States contributions to UNRWA

    This section prohibits the United States from making any 
voluntary or assessed contributions to UNRWA, or to the regular 
budget of the UN for the support of UNRWA.

Section 3. Nonpreclusion of humanitarian assistance

    This section states that nothing in this act may be 
construed to preclude the provision of humanitarian assistance 
through any agency or entity other than UNRWA to those that 
receive assistance from UNRWA if the Secretary of State 
certifies to Congress that the entity providing assistance does 
not promote, espouse or affiliate with those that promote 
violence, terrorism or antisemitism, and does not employ 
individuals who promote, espouse, or affiliate with such 
individuals or entities.

                       CHANGES IN EXISTING LAW

    The bill, as reported, does not propose to repeal or amend 
a statute or part thereof.

                       DISSENTING VIEWS

    Cutting U.S. funding for the United Nations Relief and 
Works Agency (UNRWA) while the people of Gaza are suffering an 
acute humanitarian disaster undermines U.S. and Israeli 
interests and erodes U.S. moral authority. Blocking funding for 
UNRWA would also further-endanger the lives of the more than 2 
million Palestinians residing in Gaza, most of whom rely on 
UNRWA for life sustaining or life-saving assistance. UNRWA 
remains the sole entity capable of addressing the life-saving 
needs of Palestinians in Gaza in the near term. Even the 
Israeli government recognizes the critical role UNRWA plays and 
has informed the United States government that there is no 
alternative to UNRWA for supporting humanitarian operations 
inside Gaza at this time.
    H.R. 7122 is designed to immediately eliminate U.S. 
financial support for UNRWA and, if implemented, could rapidly 
result in the starvation of millions. The Government of Israel 
agrees, which is why a senior Israeli official told the Times 
of Israel on January 31, 2024: ``If UNRWA ceases operating on 
the ground, this could cause a humanitarian catastrophe that 
would force Israel to halt its fighting against Hamas. This 
would not be in Israel's interest, and it would not be in the 
interest of Israel's allies either.'' When President Trump 
eliminated funding to UNRWA, Israel was forced to turn to 
Germany and other partners to keep UNRWA functioning and 
prevent social and political turmoil in the West Bank and Gaza.
    UNRWA's collapse would further harm regional instability, 
including in the West Bank, Lebanon, Jordan, and Syria, at a 
time when the United States and Israel are seeking to de-
escalate and contain spillover from the war in Gaza. It would 
be a gift to Iran and its allies Hamas, Hezbollah, and Bashar 
Al Assad. A humanitarian collapse in Gaza may also threaten 
Israel and our own relationships with Abraham Accords partners, 
and other regional partners.
    We must recognize that the elimination of UNRWA without a 
viable and immediate replacement would undermine American and 
Israeli national security. Our allies and partners in the 
region and around the world also do not want the collapse of 
UNRWA, because we all know its elimination will further the 
humanitarian crisis facing Gazans.
    Members of this Committee shared concerns regarding UNRWA 
well before the disturbing allegations against the 12 UNRWA 
employees and welcomed Secretary Blinken's decision to 
temporarily pause UNRWA funding while the U.S. investigates. We 
must continue to work with UNRWA and other UN bodies to develop 
measures to strengthen vetting and oversight of UNRWA's 
operations, but we should not stop our funding for 2 million 
people, including women and children, because of the wrongdoing 
of 12. Without UNWRA's staff and logistical support, the 
humanitarian situation in Gaza would be significantly worse 
than the disastrous conditions today.
    This legislative effort is wildly irresponsible. Despite 
UNRWA's major flaws, calling for its immediate elimination and 
attempting to jettison UNRWA funding with no realistic plan to 
replace it, would have dire consequences for the Palestinian 
people, the State of Israel, and the United States.
    Successive Israeli governments have supported UNRWA's 
continued existence, and U.S. funding for UNRWA, because if it 
ceased to exist, Israel would be forced to replace the 
organization with its own resources--something that would be 
impossible to achieve. That is why Israel opposed President 
Trump's UNRWA cuts and lobbied behind the scenes in Washington, 
D.C. to get Congress to move forward with funding. Our 
colleagues on the other side of the aisle refuse to listen to 
our partners in Israel who they claim to support. Committee 
Republicans are also ignoring our own intelligence community, 
defense community, and diplomatic community who know the real 
harm that will result from this measure. There are two million 
lives at stake. Israel's future is at stake, and this bill 
abruptly increases the risk to all.
    We must support all efforts to advance U.S. interests in 
peace and stability in Gaza and the broader Middle East region. 
This bill undermines our interests, and Committee Democrats, 
overwhelmingly rejected this irresponsible and careless 
measure.
            Sincerely,
                                            Gregory W. Meeks,
                                                  Ranking Member.

                                  [all]