MDM17083 [Discussion Draft] S.L.C. 115TH CONGRESS 1ST SESSION S. ll To counter anti-Semitism at the United Nations, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. RUBIO (for himself and Mr. COTTON) introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To counter anti-Semitism at the United Nations, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.--This Act may be cited as the 5 ``Countering Anti-Semitism and Anti-Israel Activities at 6 the United Nations Act of 2017''. 7 (b) TABLE OF CONTENTS.--The table of contents is 8 as follows: Sec. Sec. Sec. Sec. Sec. 1. 2. 3. 4. 5. Short title; table of contents. Definitions. Anti-Semitism and the United Nations. Reform of United Nations Human Rights Council. United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. MDM17083 [Discussion Draft] S.L.C. 2 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SEC. 2. DEFINITIONS. In this Act: (1) APPROPRIATE TEES.--The CONGRESSIONAL COMMIT- term ``appropriate congressional com- mittees'' 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 MDM17083 [Discussion Draft] S.L.C. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 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 and Nationality Act (8 U.S.C. 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, organiza- MDM17083 [Discussion Draft] S.L.C. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 tion, 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 109­364; 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 109­364; 120 Stat. 2424). SEC. 3. ANTI-SEMITISM AND THE UNITED NATIONS. (a) IN GENERAL.--The President shall direct the 25 United States Permanent Representative to the United MDM17083 [Discussion Draft] S.L.C. 5 1 Nations to use the voice, vote, and influence of the United 2 States at the United Nations to make every effort-- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 antiSemitic 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; MDM17083 [Discussion Draft] S.L.C. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (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 17 any other provision of law, of the amounts appropriated 18 or otherwise made available for the United Nations and 19 its affiliated agencies under the heading ``Contributions 20 for International Organizations'' for fiscal year 2017 and 21 each fiscal year thereafter, no amounts may be obligated 22 or expended until the President certifies to the appropriate 23 congressional committees that no United Nations agency 24 or United Nations affiliated agency grants any official sta25 tus, accreditation, or recognition to any organization MDM17083 [Discussion Draft] S.L.C. 7 1 which promotes or condones anti-Semitism, or which in2 cludes any such organization as a subsidiary or member. 3 Amounts appropriated in a fiscal year for use as a United 4 States contribution to the United Nations, but withheld 5 from obligation and expenditure pursuant to this sub6 section, shall revert to the United States Treasury at the 7 end of such fiscal year and shall not be considered arrears 8 to be repaid to any United Nations entity. 9 (c) UNITED STATES POLICY REGARDING UNITED 10 NATIONS SECURITY COUNCIL RESOLUTION 2334.-- 11 12 13 14 15 16 17 18 19 20 21 22 23 (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''. MDM17083 [Discussion Draft] S.L.C. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (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 23 the appropriate congressional committees, a certification 24 that the requirements described in subsection (b) have 25 been satisfied-- MDM17083 [Discussion Draft] S.L.C. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 (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 re- 14 ferred to in subsection (a) is a certification made by the 15 Secretary to Congress that the agenda of the United Na16 tions Human Rights Council does not include a permanent 17 item related to the State of Israel or the Palestinian terri18 tories. 19 (c) REVERSION OF FUNDS.--Amounts appropriated 20 and available for a United States contribution to the 21 United Nations, but withheld from obligation and expendi22 ture pursuant to this section shall immediately revert to 23 the United States Treasury. The United States Govern24 ment shall not consider such amounts to be arrears to be 25 repaid to any United Nations entity. MDM17083 [Discussion Draft] S.L.C. 10 1 2 3 4 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 As- 5 sistance Act of 1961 (22 U.S.C. 2221(c)) is amended to 6 read as follows: 7 ``(c) PALESTINE REFUGEES; CONSIDERATIONS AND 8 CONDITIONS FOR FURNISHING ASSISTANCE.--The United 9 States may not provide contributions to the United Na10 tions Relief and Works Agency for Palestine Refugees in 11 the Near East (UNRWA) for programs in the West Bank 12 and Gaza, a successor entity or any related entity, or to 13 the regular budget of the United Nations for the support 14 of UNRWA or a successor entity for programs in the West 15 Bank and Gaza, until the Secretary certifies to the appro16 priate congressional committees (as defined in section 17 226) that-- 18 19 20 21 22 23 24 25 ``(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; MDM17083 [Discussion Draft] S.L.C. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ``(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 Statesdesignated 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 Con- 18 gress that-- 19 20 21 22 23 24 25 (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 Na- MDM17083 [Discussion Draft] S.L.C. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tions 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 112­172, as referenced under the Migration and Refugee Assistance heading in Senate Report 113­81 and Senate Report 113­195; and MDM17083 [Discussion Draft] S.L.C. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (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 16 date of the enactment of this Act, and annually thereafter, 17 the Director of the Office of Management and Budget 18 shall submit a report to Congress that-- 19 20 21 22 23 24 (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 MDM17083 [Discussion Draft] S.L.C. 14 1 2 3 that are actively seeking to implement United Nations Security Council Resolution 2334. (b) CONTENT.--The report required under subsection 4 (a) shall include-- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 MDM17083 [Discussion Draft] S.L.C. 15 1 2 3 4 5 6 (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 7 later than 14 days after submitting each report required 8 under subsection (a), the Director of the Office of Man9 agement and Budget shall post a public version of the re10 port on a text-based, searchable, and publicly available 11 Internet website. 12 13 14 SEC. 7. REPORT TO CONGRESS ON VOTING PRACTICES IN THE UNITED NATIONS. Section 406(b) of the Foreign Relations Authoriza- 15 tion Act, Fiscal Years 1990 and 1991 (22 U.S.C. 16 2414a(b)) is amended-- 17 18 19 20 21 22 23 24 25 (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 MDM17083 [Discussion Draft] S.L.C. 16 1 2 3 4 5 6 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 enact- 7 ment of this Act, and annually thereafter, the Secretary 8 shall submit a report to the appropriate congressional 9 committees that describes-- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) all activities at the United Nations and its subagencies that can be construed to exhibit an antiIsrael 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 MDM17083 [Discussion Draft] S.L.C. 17 1 2 or anti-Semitic activity at the United Nations described under paragraphs (1) through (3).