II 

112TH CONGRESS 

1ST SESSION S. 1848 

To promote transparency, accountability, and reform within the United 

Nations system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2011 

Mr. RUBIO (for himself, Mr. INHOFE, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To promote transparency, accountability, and reform within 

the United Nations system, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘United Nations Transparency, Accountability, and Re6 form Act of 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents is 

8 as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FUNDING OF THE UNITED NATIONS 


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Sec. 101. Findings. 

Sec. 102. Apportionment of the United Nations regular budget on a voluntary 

basis. 

Sec. 103. Budget justification for United States contributions to the regular 

budget of the United Nations. 

Sec. 104. Report on United Nations reform. 

TITLE II—TRANSPARENCY AND ACCOUNTABILITY FOR UNITED 

STATES CONTRIBUTIONS TO THE UNITED NATIONS 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Independent and objective conduct of audits and investigations relating to United States contributions to the United Nations system. 

Sec. 204. Transparency for United States contributions. 

Sec. 205. Integrity for United States contributions. 

Sec. 206. Refund of monies owed by the United Nations to the United States. 

Sec. 207. Annual reports on United States contributions to the United Nations. 

TITLE III—UNITED STATES POLICY AT THE UNITED NATIONS 

Sec. 301. Annual publication. 

Sec. 302. Annual financial disclosure. 

Sec. 303. Policy with respect to expansion of the United Nations Security 

Council. 

Sec. 304. Access to reports and audits. 

Sec. 305. Waiver of immunity. 

Sec. 306. Terrorism and the United Nations. 

Sec. 307. Report on United Nations personnel. 

Sec. 308. United Nations treaty bodies. 

Sec. 309. Anti-Semitism and the United Nations. 

Sec. 310. Regional group inclusion of Israel. 

Sec. 311. United States policy on tier 3 human rights violators. 

TITLE IV—STATUS OF PALESTINIAN ENTITIES AT THE UNITED 

NATIONS 

Sec. 401. Findings. 

Sec. 402. Statement of policy. 

Sec. 403. Implementation. 

TITLE V—UNITED NATIONS HUMAN RIGHTS COUNCIL 

Sec. 501. Findings. 

Sec. 502. United Nations Human Rights Council membership and funding. 

TITLE VI—GOLDSTONE REPORT 

Sec. 601. Findings. 

Sec. 602. Statement of policy. 

Sec. 603. Withholding of funds; refund of United States taxpayer dollars. 

TITLE VII—DURBAN PROCESS 

Sec. 701. Findings. 

Sec. 702. Sense of Congress; statement of policy. 

Sec. 703. Non-participation in the Durban process. 


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Sec. 704. Withholding of funds; refund of United States taxpayer dollars. 

TITLE VIII—UNITED NATIONS RELIEF AND WORKS AGENCY FOR 

PALESTINE REFUGEES IN THE MIDDLE EAST 

Sec. 801. Findings. 

Sec. 802. United States contributions to UNRWA. 

Sec. 803. Sense of Congress. 

TITLE IX—INTERNATIONAL ATOMIC ENERGY AGENCY 

Sec. 901. Technical Cooperation Program. 

Sec. 902. United States policy at the IAEA. 

Sec. 903. Sense of Congress regarding the Nuclear Security Action Plan of the 

IAEA. 

TITLE X—PEACEKEEPING 

Sec. 1001. Reform of United Nations peacekeeping operations. 

Sec. 1002. Policy relating to reform of United Nations peacekeeping operations. 

Sec. 1003. Certification. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committees on Foreign Relations, 

7 Appropriations, and Homeland Security and 

8 Governmental Affairs of the Senate; and 

9 (B) the Committees on Foreign Affairs, 

10 Appropriations, and Oversight and Government 

11 Reform of the House of Representatives. 

12 (2) EMPLOYEE.—The term ‘‘employee’’ means 

13 an individual who is employed in the general serv14 ices, professional staff, or senior management of the 

15 United Nations, including consultants, contractors, 

16 and subcontractors. 


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1 (3) GENERAL ASSEMBLY.—The term ‘‘General 

2 Assembly’’ means the General Assembly of the 

3 United Nations. 

4 (4) MEMBER STATE.—The term ‘‘Member 

5 State’’ means a Member State of the United Na6 tions. Such term is synonymous with the term 

7 ‘‘country’’. 

8 (5) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of State. 

10 (6) SECRETARY-GENERAL.—The term ‘‘Sec11 retary-General’’ means the Secretary-General of the 

12 United Nations. 

13 (7) SECURITY COUNCIL.—The term ‘‘Security 

14 Council’’ means the Security Council of the United 

15 Nations. 

16 (8) UN.—The term ‘‘UN’’ means the United 

17 Nations. 

18 (9) UNITED NATIONS ENTITY.—The term 

19 ‘‘United Nations entity’’ means any United Nations 

20 agency, commission, conference, council, court, de21 partment, forum, fund, institute, office, organiza22 tion, partnership, program, subsidiary body, tri23 bunal, trust, university or academic body, related or24 ganization or subsidiary body, wherever located, that 

25 flies the United Nations flag or is authorized to use 


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1 the United Nations logo, including but not limited to 

2 those United Nations affiliated agencies and bodies 

3 identified as recipients of United States contribu4 tions under section 1225(b)(3)(E) of the John War5 ner National Defense Authorization Act for Fiscal 

6 Year 2007 (Public Law 109–364; 120 Stat. 2424). 

7 (10) UNITED NATIONS SYSTEM.—The term 

8 ‘‘United Nations system’’ means the aggregation of 

9 all United Nations entities, as defined in paragraph 

10 (9). 

11 (11) UNITED STATES CONTRIBUTION.—The 

12 term ‘‘United States contribution’’ means an as13 sessed or voluntary contribution, whether financial, 

14 in-kind, or otherwise, from the United States Fed15 eral Government to a United Nations entity, includ16 ing contributions passed through other entities for 

17 ultimate use by a United Nations entity. United 

18 States contributions include those contributions 

19 identified pursuant to section 1225(b)(3)(E) of the 

20 John Warner National Defense Authorization Act 

21 for Fiscal Year 2007 (Public Law 109–364; 120 

22 Stat. 2424). 


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1 TITLE I—FUNDING OF THE 

2 UNITED NATIONS 

3 SEC. 101. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The United States pays billions of dollars 

6 into the United Nations system every year (almost 

7 $7,700,000,000 in 2010, according to the Office of 

8 Management and Budget), significantly more than 

9 any other nation. 

10 (2) Under current rules and contribution levels, 

11 it is possible to assemble the two-thirds majority 

12 needed for important United Nations budget votes 

13 with a group of countries that, taken together, pay 

14 less than 1 percent of the total United Nations reg15 ular budget. 

16 (3) The disconnect between contribution levels 

17 and management control creates significant perverse 

18 incentives in terms of United Nations spending, 

19 transparency, and accountability. 

20 (4) The United Nations system suffers from 

21 unacceptably high levels of waste, fraud, and abuse, 

22 which seriously impair the ability of the United Na23 tions to fulfill the ideals of its founding. 

24 (5) Significant improvements in United Nations 

25 transparency and accountability are necessary for 


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1 improving public perceptions of and United States 

2 support for United Nations operations. 

3 (6) Because of their need to justify future con4 tributions from donors, voluntarily funded organiza5 tions have more incentive to be responsive and effi6 cient in their operations than organizations funded 

7 by compulsory contributions that are not tied to per8 formance. 

9 (7) Catherine Bertini, the former UN Under10 Secretary-General for Management and director of 

11 the World Food Programme (WFP), has stated, 

12 ‘‘Voluntary funding creates an entirely different at13 mosphere at WFP than at the UN. At WFP, every 

14 staff member knows that we have to be as efficient, 

15 accountable, transparent, and results-oriented as 

16 possible. If we are not, donor governments can take 

17 their funding elsewhere in a very competitive world 

18 among UN agencies, NGOs, and bilateral govern19 ments.’’. 

20 (8) Article XVII of the Charter of the United 

21 Nations, which states that ‘‘[t]he expenses of the 

22 Organization shall be borne by the Members as ap23 portioned by the General Assembly’’, leaves to the 

24 discretion of the General Assembly the basis of apVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 portionment, which could be done on the basis of 

2 voluntary pledges by Member States. 

3 (9) Unlike United States assessed contributions 

4 to the United Nations regular budget, which are 

5 statutorily capped at 22 percent of the total, there 

6 is no cap on voluntary contributions. 

7 (10) The United States, which contributes gen8 erously to international organizations whose activi9 ties it recognizes as credible, worthwhile, and effi10 cient, contributes more than 22 percent of the budg11 et of certain voluntarily funded United Nations Spe12 cialized Agencies. 

13 SEC. 102. APPORTIONMENT OF THE UNITED NATIONS REG14 ULAR BUDGET ON A VOLUNTARY BASIS. 

15 (a) UNITED STATES POLICY.— 

16 (1) VOLUNTARY FUNDING.—It is the policy of 

17 the United States to seek to shift the funding mech18 anism for the regular budget of the United Nations 

19 from an assessed to a voluntary basis. 

20 (2) REQUIREMENT TO SEEK CHANGE.—The 

21 President shall direct the United States Permanent 

22 Representative to the United Nations to use the 

23 voice, vote, and influence of the United States at the 

24 United Nations to shift the funding mechanism for 

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1 untary basis, and to make it a priority to build sup2 port for such a transformational change among 

3 Member States, particularly key United Nations do4 nors. 

5 (b) CERTIFICATION OF PREDOMINANTLY VOL6 UNTARY UN REGULAR BUDGET FINDING.—A certifi7 cation described in this section is a certification by the 

8 Secretary to the appropriate congressional committees 

9 that at least 80 percent of the total regular budget (not 

10 including extra-budgetary contributions) of the United 

11 Nations is apportioned on a voluntary basis. Each such 

12 certification shall be effective for a period of no more than 

13 1 year, and shall be promptly revoked by the Secretary, 

14 with notice to the appropriate congressional committees, 

15 if the underlying circumstances change so as not to war16 rant such certification. 

17 (c) WITHHOLDING OF NONVOLUNTARY CONTRIBU18 TIONS.— 

19 (1) IN GENERAL.—Beginning 2 years after the 

20 date of the enactment of this Act and notwith21 standing any other provision of law, no funds may 

22 be obligated or expended for a United States as23 sessed contribution to the regular budget of the 

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1 tions for the regular budget of the United Nations 

2 unless there is in effect a certification by the Sec3 retary, as described in subsection (b). 

4 (2) DISPOSITION OF WITHHELD FUNDS.—For a 

5 period of 1 year after appropriation, funds appro6 priated for use as a United States contribution to 

7 the regular budget of the United Nations but with8 held from obligation and expenditure pursuant to 

9 paragraph (1) may be obligated and expended for 

10 that purpose upon the certification described in sub11 section (b). After 1 year, in the absence of such cer12 tification, those funds shall revert to the United 

13 States Treasury. 

14 SEC. 103. BUDGET JUSTIFICATION FOR UNITED STATES 

15 CONTRIBUTIONS TO THE REGULAR BUDGET 

16 OF THE UNITED NATIONS. 

17 (a) DETAILED ITEMIZATION.—The President shall 

18 include in the annual congressional budget justification a 

19 detailed itemized request in support of the contribution 

20 of the United States to the regular budget of the United 

21 Nations. 

22 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

23 detailed itemization required under subsection (a) shall— 

24 (1) contain information relating to the amounts 

25 requested in support of each of the various sections 


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1 and titles of the regular budget of the United Na2 tions; and 

3 (2) compare the amounts requested for the cur4 rent year with the actual or estimated amounts con5 tributed by the United States in previous fiscal years 

6 for the same sections and titles. 

7 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

8 United Nations proposes an adjustment to its regular as9 sessed budget, the Secretary shall, at the time such adjust10 ment is presented to the Advisory Committee on Adminis11 trative and Budgetary Questions (ACABQ), notify and 

12 consult with the appropriate congressional committees. 

13 SEC. 104. REPORT ON UNITED NATIONS REFORM. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, and annually thereafter, 

16 the Secretary shall submit to the appropriate congres17 sional committees a report on United Nations reform. 

18 (b) CONTENTS.—The report required under sub19 section (a) shall describe— 

20 (1) progress toward the goal of shifting the 

21 funding for the regular budget of the United Na22 tions to a voluntary basis as identified in section 

23 102, and a detailed description of efforts and activi24 ties by United States diplomats and officials toward 

25 that end; 


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1 (2) progress toward each of the policy goals 

2 identified in this title, and a detailed, goal-specific 

3 description of efforts and activities by United States 

4 diplomats and officials toward those ends; 

5 (3) the status of the implementation of manage6 ment reforms within the United Nations and its spe7 cialized agencies; 

8 (4) the number of outputs, reports, or other 

9 mandates generated by General Assembly resolutions 

10 that have been eliminated; 

11 (5) the progress of the General Assembly to 

12 modernize and streamline the committee structure 

13 and its specific recommendations on oversight and 

14 committee outputs, consistent with the March 2005 

15 report of the Secretary-General entitled ‘‘In Larger 

16 Freedom: Towards Development, Security and 

17 Human Rights for All’’; 

18 (6) the status of the review by the General As19 sembly of all mandates older than 5 years and how 

20 resources have been redirected to new challenges, 

21 consistent with such March 2005 report of the Sec22 retary-General; 

23 (7) the continued utility and relevance of the 

24 Economic and Financial Committee and the Social, 

25 Humanitarian, and Cultural Committee, in light of 


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1 the duplicative agendas of those committees and the 

2 Economic and Social Council; and 

3 (8) whether the United Nations or any of its 

4 specialized agencies has contracted with any party 

5 included on the List of Parties Excluded from Fed6 eral Procurement and Nonprocurement Programs. 

7 TITLE II—TRANSPARENCY AND 

8 ACCOUNTABILITY FOR 

9 UNITED STATES CONTRIBU10 TIONS TO THE UNITED NA11 TIONS 

12 SEC. 201. FINDINGS. 

13 Congress makes the following findings: 

14 (1) As underscored by continuing revelations of 

15 waste, fraud, and abuse, oversight and account16 ability mechanisms within the United Nations sys17 tem remain significantly deficient, despite decades of 

18 reform attempts, including those initiated by Secre19 taries-General of the United Nations. 

20 (2) Notwithstanding the personal intentions of 

21 any Secretary-General of the United Nations to pro22 mote institutional transparency and accountability 

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1 agement reforms without the concurrence of the 

2 General Assembly. 

3 (3) Groupings of Member States whose voting 

4 power in the General Assembly significantly out5 paces their proportional contributions to the United 

6 Nations system have repeatedly and successfully de7 feated, delayed, and diluted various reform proposals 

8 that would have enabled more detailed oversight and 

9 scrutiny of United Nations system operations and 

10 expenditures. 

11 (4) To an unacceptable degree, major donor 

12 states, including the United States, lack access to 

13 reasonably detailed, reliable information that would 

14 allow them to determine how their contributions 

15 have been spent by various United Nations system 

16 entities, further contributing to the lack of account17 ability within the United Nations system. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

20 (1) TRANSPARENCY CERTIFICATION.—The term 

21 ‘‘transparency certification’’ means an annual, writ22 ten affirmation by the head or authorized designee 

23 of a United Nations entity to the Comptroller Gen24 eral of the United States that the entity will cooper25 ate with the Comptroller General and the approVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 priate congressional committees, including by pro2 viding the Comptroller General, and the appropriate 

3 congressional committees, upon request, with full, 

4 complete, and unfettered access to oversight infor5 mation. 

6 (2) OVERSIGHT INFORMATION.—The term 

7 ‘‘oversight information’’ includes— 

8 (A) internally and externally commissioned 

9 audits, investigatory reports, program reviews, 

10 performance reports, and evaluations; 

11 (B) financial statements, records, and bill12 ing systems; 

13 (C) program budgets and program budget 

14 implications, including revised estimates and re15 ports produced by or provided to the Secretary16 General and the Secretary-General’s agents on 

17 budget related matters; 

18 (D) operational plans, budgets, and budg19 etary analyses for peacekeeping operations; 

20 (E) analyses and reports regarding the 

21 scale of assessments; 

22 (F) databases and other data systems con23 taining financial or programmatic information; 

24 (G) documents or other records alleging or 

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1 conduct, mismanagement, or other violations of 

2 rules and regulations applicable to a United 

3 Nations entity; and 

4 (H) other documentation relevant to the 

5 audit and investigative work of the Comptroller 

6 General of the United States with respect to 

7 United States contributions to the United Na8 tions system. 

9 (3) ACCOUNTABILITY CERTIFICATION.—The 

10 term ‘‘accountability certification’’ means an annual, 

11 written affirmation by the head or authorized des12 ignee of a United Nations entity to the Comptroller 

13 General of the United States that the entity— 

14 (A) provides the public with full, complete, 

15 and unfettered access to all relevant docu16 mentation relating to operations and activities, 

17 including budget and procurement activities; 

18 (B) implements and upholds policies and 

19 procedures to protect whistleblowers; 

20 (C) implements and upholds policies and 

21 procedures to require the filing of individual an22 nual financial disclosure forms by each of its 

23 employees at the P–5 level and above and to re24 quire that such forms be made available to the 


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1 Office of Internal Oversight Services, to Mem2 ber States, and to the public; 

3 (D) has established an effective ethics of4 fice; 

5 (E) has established a fully independent, 

6 autonomous, and effective internal oversight 

7 body; 

8 (F) has adopted and implemented, and is 

9 in full compliance with, International Public 

10 Sector Accounting Standards; and 

11 (G) has established a cap on its adminis12 trative overhead costs. 

13 SEC. 203. INDEPENDENT AND OBJECTIVE CONDUCT OF AU14 DITS AND INVESTIGATIONS RELATING TO 

15 UNITED STATES CONTRIBUTIONS TO THE 

16 UNITED NATIONS SYSTEM. 

17 (a) PURPOSE.—The purpose of this section is to 

18 make possible the independent and objective conduct of 

19 audits and investigations relating to United States con20 tributions to the United Nations system and the use of 

21 those contributions by United Nations entities, in an effort 

22 to eliminate and deter waste, fraud, and abuse in the use 

23 of those contributions, and thereby to contribute to the 

24 development of greater transparency, accountability, and 

25 internal controls throughout the United Nations system. 


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1 (b) THE COMPTROLLER GENERAL.— 

2 (1) DUTIES.— 

3 (A) AUDITS AND INVESTIGATIONS.—The 

4 Comptroller General of the United States shall 

5 conduct, supervise, and coordinate audits and 

6 investigations of— 

7 (i) the treatment, handling, expendi8 ture, and use of United States contribu9 tions by and to United Nations entities; 

10 and 

11 (ii) the adequacy of accounting, over12 sight, and internal control mechanisms at 

13 United Nations entities that receive United 

14 States contributions. 

15 (B) RECORDKEEPING.—The Comptroller 

16 General shall collect and maintain current 

17 records regarding transparency certifications 

18 and accountability certifications by all United 

19 Nations entities that receive United States con20 tributions. 

21 (C) BRIEFINGS.—The Comptroller General 

22 shall keep the appropriate congressional com23 mittees fully and promptly informed of how 

24 United Nations entities are spending United 


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1 States contributions by means of reports, testi2 mony, and briefings. 

3 (2) REFERRALS.— 

4 (A) CRIMINAL LAW VIOLATIONS.—The 

5 Comptroller General shall promptly report to 

6 the United States Attorney General and to the 

7 appropriate congressional committees when the 

8 Comptroller General has reasonable grounds to 

9 believe a United States Federal criminal law 

10 has been violated by a United Nations entity or 

11 one of its employees, contractors, or representa12 tives. 

13 (B) MISMANAGEMENT.—The Comptroller 

14 General shall promptly report, when appro15 priate, to the appropriate congressional commit16 tees, and to the Secretary-General or to the 

17 head of the appropriate United Nations entity, 

18 cases where the Comptroller General reasonably 

19 believes that mismanagement, misfeasance, or 

20 malfeasance is likely to have taken place within 

21 a United Nations entity and disciplinary pro22 ceedings are likely justified. 

23 (3) COOPERATION BY UNITED STATES GOVERN24 MENT ENTITIES.— 


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1 (A) IN GENERAL.—In carrying out the du2 ties, responsibilities, and authorities of the 

3 Comptroller General under this section, the 

4 Comptroller shall receive the cooperation of 

5 other Federal agencies. 

6 (B) RESPONSES TO REQUESTS.—Upon re7 quest of the Comptroller General for informa8 tion or assistance from any department, agency, 

9 or other entity of the Federal Government, the 

10 head of such entity shall, insofar as is prac11 ticable and not in contravention of any existing 

12 law, furnish such information or assistance to 

13 the Comptroller General, or an authorized des14 ignee. 

15 (C) REPORTING OF LACK OF COOPERA16 TION.—Whenever information or assistance re17 quested by the Comptroller General is, in the 

18 judgment of the Comptroller General, unreason19 ably refused or not provided, the Comptroller 

20 General shall report the circumstances to the 

21 appropriate congressional committees without 

22 delay. 

23 (4) CONFIRMATION OF TRANSPARENCY BY

24 UNITED NATIONS ENTITIES.— 


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1 (A) PROMPT NOTICE BY COMPTROLLER

2 GENERAL.—Whenever information or assistance 

3 requested from a United Nations entity by the 

4 Comptroller General pursuant to a trans5 parency certification is, in the opinion of the 

6 Comptroller General, unreasonably refused or 

7 not provided in a timely manner, the Comp8 troller General shall notify the appropriate con9 gressional committees, the head of that par10 ticular United Nations entity, and the Sec11 retary-General of the circumstances in writing, 

12 without delay. 

13 (B) NOTICE OF COMPLIANCE.—If and 

14 when the information or assistance being 

15 sought by the Comptroller General in connec16 tion with a notification pursuant to subpara17 graph (A) is provided to the satisfaction of the 

18 Comptroller General, the Comptroller General 

19 shall so notify in writing to the appropriate con20 gressional committees and the head of that par21 ticular United Nations entity. 

22 (C) NONCOMPLIANCE.—If the information 

23 or assistance being sought by the Comptroller 

24 General in connection with a notification pursu25 ant to subparagraph (A) is not provided to the 


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1 satisfaction of the Comptroller General within 

2 90 days of that notification, then the United 

3 Nations entity that is the subject of the notifi4 cation shall be deemed to be noncompliant with 

5 its transparency certification. 

6 (D) RESTORATION OF COMPLIANCE.— 

7 After the situation has been resolved to the sat8 isfaction of the Comptroller General, the Comp9 troller General shall promptly provide prompt, 

10 written notification of that fact and of the res11 toration of compliance, along with a description 

12 of the basis for the Comptroller General’s deci13 sion, to the appropriate congressional commit14 tees, the head of that United Nations entity, 

15 the Secretary-General, and any office or agency 

16 of the Federal Government that has provided 

17 that United Nations entity with any United 

18 States contribution during the prior 2 years. 

19 (5) CONFIRMATION OF ACCOUNTABILITY BY

20 UNITED NATIONS ENTITIES.— 

21 (A) PROMPT NOTICE BY COMPTROLLER

22 GENERAL.—Whenever a United Nations entity 

23 that has provided an accountability certification 

24 is, in the opinion of the Comptroller General, 

25 not in full compliance with any or all of the 


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1 provisions of that certification, the Comptroller 

2 General shall notify the appropriate congres3 sional committees, the head of that particular 

4 United Nations entity, and the Secretary-Gen5 eral of the circumstances in writing, without 

6 delay. 

7 (B) NOTICE OF COMPLIANCE.—If and 

8 when the United Nations entity resumes full 

9 compliance with its accountability certification 

10 following the provision of the notification pursu11 ant to subparagraph (A), the Comptroller Gen12 eral shall so notify in writing the appropriate 

13 congressional committees and the head of that 

14 United Nations entity. 

15 (C) NONCOMPLIANCE.—If the United Na16 tions entity named in the notification in sub17 paragraph (A) does not resume full compliance 

18 with its accountability certification to the satis19 faction of the Comptroller General within 90 

20 days of that notification, then the United Na21 tions entity that is the subject of the notifica22 tion shall be deemed to be noncompliant with 

23 its accountability certification, and the Comp24 troller General shall provide prompt, written no25 tification of that fact to the appropriate conVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 gressional committees, the head of that United 

2 Nations entity, the Secretary-General, and any 

3 office or agency of the Federal Government 

4 that has provided that United Nations entity 

5 with any United States contribution during the 

6 prior 2 years. 

7 (D) RESTORATION OF COMPLIANCE.— 

8 After the situation has been resolved to the sat9 isfaction of the Comptroller General, the Comp10 troller General shall promptly provide prompt, 

11 written notification of that fact and of the res12 toration of compliance, along with a description 

13 of the basis for the Comptroller General’s deci14 sion, to the appropriate congressional commit15 tees, the head of that United Nations entity, 

16 the Secretary-General, and any office or agency 

17 of the Federal Government that has provided 

18 that United Nations entity with any United 

19 States contribution during the prior 2 years. 

20 (6) REPORTS.— 

21 (A) AUDIT AND INVESTIGATION RE22 PORTS.—Promptly upon completion, the Comp23 troller General shall provide copies of each 

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1 gressional committees, and, to the extent per2 missible under United States law, the head of 

3 each United Nations entity that is the subject 

4 of that particular report. 

5 (B) SEMIANNUAL REPORTS.—Not later 

6 than 90 days after the date of the enactment of 

7 this Act, and semiannually thereafter, the 

8 Comptroller General shall submit to the appro9 priate congressional committees a report that 

10 includes a list of and detailed description of the 

11 circumstances surrounding any notification of 

12 noncompliance issued pursuant to paragraph 

13 (4)(C) or paragraph (5)(C) during the covered 

14 timeframe, and whether and when the Comp15 troller General has reversed such finding of 

16 noncompliance. 

17 (C) PROHIBITED DISCLOSURES.—Nothing 

18 in this subsection shall be construed to author19 ize the public disclosure of information that 

20 is— 

21 (i) specifically prohibited from disclo22 sure by any other provision of law; 

23 (ii) specifically required by executive 

24 order to be protected from disclosure in 

25 the interest of national defense or national 


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1 security or in the conduct of foreign af2 fairs; or 

3 (iii) a part of an ongoing criminal in4 vestigation. 

5 (D) PRIVACY PROTECTIONS.—The Comp6 troller General shall exempt from public disclo7 sure information received from a United Na8 tions entity or developed during an audit or in9 vestigation that the Comptroller General be10 lieves— 

11 (i) constitutes a trade secret or privi12 leged and confidential personal financial 

13 information; 

14 (ii) accuses a particular person of a 

15 crime; 

16 (iii) would, if publicly disclosed, con17 stitute a clearly unwarranted invasion of 

18 personal privacy; and 

19 (iv) would compromise an ongoing law 

20 enforcement investigation or judicial trial 

21 in the United States. 

22 (E) PUBLICATION.—Subject to the excep23 tions detailed in subparagraphs (C) and (D), 

24 the Comptroller General shall promptly publish 


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1 each report under this subsection on the Web 

2 site of the Government Accountability Office. 

3 SEC. 204. TRANSPARENCY FOR UNITED STATES CONTRIBU4 TIONS. 

5 (a) FUNDING PREREQUISITES.—Notwithstanding 

6 any other provision of law, no funds made available for 

7 use as a United States contribution to any United Nations 

8 entity may be obligated or expended if— 

9 (1) the intended United Nations entity recipient 

10 has not provided to the Comptroller General within 

11 the preceding year a transparency certification; 

12 (2) the intended United Nations entity recipient 

13 is noncompliant with its transparency certification; 

14 (3) the intended United Nations entity recipient 

15 has not provided to the Comptroller General within 

16 the preceding year an accountability certification; or 

17 (4) the intended United Nations entity is non18 compliant with its accountability certification as de19 scribed in section 203(b)(5)(C). 

20 (b) TREATMENT OF FUNDS WITHHELD FOR NON21 COMPLIANCE.—At the conclusion of each fiscal year, any 

22 funds that had been appropriated for use as a United 

23 States contribution to a United Nations entity during that 

24 fiscal year, but could not be obligated or expended because 

25 of the restrictions of subsection (a), shall be returned to 


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1 the United States Treasury, and are not subject to re2 programming for any other use. Any such funds returned 

3 to the Treasury shall not be considered arrears to be re4 paid to any United Nations entity. 

5 (c) PRESIDENTIAL WAIVER.—The President may 

6 waive the limitations of this section with respect to a par7 ticular United States contribution to a particular United 

8 Nations entity within a single fiscal year if the President 

9 determines that failure to do so would pose an extraor10 dinary threat to the national security of the United States 

11 and provides notification and explanation of that deter12 mination to the appropriate congressional committees. 

13 SEC. 205. INTEGRITY FOR UNITED STATES CONTRIBU14 TIONS. 

15 (a) LIMITATIONS.— 

16 (1) CONTRIBUTIONS TO INTERNATIONAL ORGA17 NIZATIONS.—No funds made available for use under 

18 the heading ‘‘Contributions to International Organi19 zations’’ may be used for any purpose other than an 

20 assessed United States contribution to a United Na21 tions entity or other international organization. 

22 (2) INTERNATIONAL ORGANIZATIONS AND PRO23 GRAMS.—No funds made available for use under the 

24 heading ‘‘International Organizations and Pro25 grams’’ may be used for any purpose other than a 


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1 voluntary United States contribution to a United 

2 Nations entity or other international organization. 

3 (3) CONTRIBUTIONS TO INTERNATIONAL

4 PEACEKEEPING ACTIVITIES.—No funds made avail5 able for use under the heading ‘‘Contributions to 

6 International Peacekeeping Activities’’ may be used 

7 for any purpose other than a United States con8 tribution to United Nations peacekeeping activities, 

9 to the International Criminal Tribunal for the 

10 former Yugoslavia, or to the International Criminal 

11 Tribunal for Rwanda. 

12 (b) TREATMENT OF FUNDS WITHHELD FOR NON13 COMPLIANCE.—At the conclusion of each fiscal year, any 

14 funds that had been appropriated for use as a United 

15 States contribution to a United Nations entity during that 

16 fiscal year, but could not be obligated or expended because 

17 of the restrictions of subsection (a), shall be returned to 

18 the United States Treasury, and are not subject to re19 programming for any other use. Any such funds returned 

20 to the Treasury shall not be considered arrears to be re21 paid to any United Nations entity. 

22 SEC. 206. REFUND OF MONIES OWED BY THE UNITED NA23 TIONS TO THE UNITED STATES. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) United States taxpayer funds overpaid to 

2 United Nations entities and payable back to the 

3 United States sometimes remain in the hands of the 

4 United Nations because the United States has not 

5 requested the return of those funds. 

6 (2) Such funds have been paid into, among 

7 other United Nations entities, the United Nations 

8 Tax Equalization Fund (TEF), which was estab9 lished under the provisions of United Nations Gen10 eral Assembly Resolution 973 (1955), and which is 

11 used to reimburse United Nations staff members 

12 subject to United States income taxes for the cost 

13 of those taxes. 

14 (3) In recent years, the TEF has taken in con15 siderably more money than it has paid out, with the 

16 United States apparently overpaying into the TEF 

17 by $52,200,000 in the 2008–2009 timeframe alone. 

18 (4) According to the United Nations Financial 

19 Report and Audited Financial Statements released 

20 on July 29, 2010, ‘‘As of 31 December 2009, an 

21 amount of $179.0 million was payable to the United 

22 States of America pending instructions as to its dis23 position.’’. 

24 (5) That balance was allowed to accrue notwith25 standing United Nations Financial Regulation 4.12, 


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1 which states that any such surpluses ‘‘shall be cred2 ited against the assessed contributions due from that 

3 Member State the following year’’. 

4 (6) Allowing the United Nations to regularly 

5 overcharge the United States and to retain those 

6 overpayments, or to spend them on wholly unrelated 

7 activities, is a disservice to United States taxpayers 

8 and a subversion of the congressional budget proc9 ess. 

10 (b) STATEMENT OF POLICY.—It is the policy of the 

11 United States— 

12 (1) to annually instruct the United Nations to 

13 return to the United States any surplus assessed 

14 contributions or other overpayments by the United 

15 States to any United Nations entity; and 

16 (2) to use the voice and vote of the United 

17 States to press the United Nations to reform its 

18 TEF assessment procedures to reduce the repeated 

19 discrepancies between TEF income and expendi20 tures. 

21 (c) CERTIFICATION AND WITHHOLDING.—For each 

22 and every fiscal year beginning after the effective date of 

23 this Act, until the Secretary submits to the appropriate 

24 congressional committees a certification that the United 

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1 sessed contributions or other overpayments by the United 

2 States to any United Nations entity, the Secretary shall 

3 withhold from the regular budget of the United Nations 

4 an amount equal to the amount of the funds that the 

5 United Nations has yet to return to the United States. 

6 SEC. 207. ANNUAL REPORTS ON UNITED STATES CON7 TRIBUTIONS TO THE UNITED NATIONS. 

8 (a) ANNUAL REPORT.—Not later than 90 days after 

9 the date of the enactment of this Act and annually there10 after, the Director of the Office of Management and Budg11 et shall submit to Congress a report listing all assessed 

12 and voluntary contributions of the United States Govern13 ment for the preceding fiscal year to the United Nations 

14 and United Nations affiliated agencies and related bodies. 

15 (b) CONTENTS.—Each report required under sub16 section (a) shall set forth, for the fiscal year covered by 

17 such report, the following: 

18 (1) The total amount of all assessed and vol19 untary contributions of the United States Govern20 ment to the United Nations and United Nations af21 filiated agencies and related bodies. 

22 (2) The approximate percentage of United 

23 States Government contributions to each United Na24 tions affiliated agency or body in such fiscal year 


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1 when compared with all contributions to such agency 

2 or body from any source in such fiscal year. 

3 (3) For each such contribution— 

4 (A) the amount of such contribution; 

5 (B) a description of such contribution (in6 cluding whether assessed or voluntary); 

7 (C) the department or agency of the 

8 United States Government responsible for such 

9 contribution; 

10 (D) the purpose of such contribution; and 

11 (E) the United Nations or United Nations 

12 affiliated agency or related body receiving such 

13 contribution. 

14 TITLE III—UNITED STATES POL15 ICY AT THE UNITED NATIONS 

16 SEC. 301. ANNUAL PUBLICATION. 

17 The President shall direct the United States Perma18 nent Representative to the United Nations to use the 

19 voice, vote, and influence of the United States at the 

20 United Nations to ensure the United Nations publishes 

21 annually, including on a publicly searchable internet Web 

22 site, a list of all United Nations subsidiary bodies and 

23 their functions, budgets, staff, and contributions, both vol24 untary and assessed, sorted by donor. 


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1 SEC. 302. ANNUAL FINANCIAL DISCLOSURE. 

2 The President shall direct the United States Perma3 nent Representative to the United Nations to use the 

4 voice, vote, and influence of the United States at the 

5 United Nations to implement a system for the required 

6 filing of individual annual financial disclosure forms by 

7 each employee of the United Nations and its specialized 

8 agencies, programs, and funds at the P–5 level and above, 

9 which shall be made available to the Office of Internal 

10 Oversight Services, to Member States, and to the public. 

11 SEC. 303. POLICY WITH RESPECT TO EXPANSION OF THE 

12 UNITED NATIONS SECURITY COUNCIL. 

13 It is the policy of the United States to use the voice, 

14 vote, and influence of the United States at the United Na15 tions to oppose any proposals on expansion of the Security 

16 Council if such expansion would— 

17 (1) diminish the influence of the United States 

18 on the Security Council; or 

19 (2) include veto rights for any new members of 

20 the Security Council. 

21 SEC. 304. ACCESS TO REPORTS AND AUDITS. 

22 The President shall direct the United States Perma23 nent Representative to the United Nations to use the 

24 voice, vote, and influence of the United States at the 

25 United Nations to ensure that Member States may, upon 


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1 request, have access to all reports and audits completed 

2 by the Board of External Auditors. 

3 SEC. 305. WAIVER OF IMMUNITY. 

4 The President shall direct the United States Perma5 nent Representative to the United Nations to use the 

6 voice, vote, and influence of the United States at the 

7 United Nations to ensure that the Secretary-General exer8 cises the right and duty of the Secretary-General under 

9 section 20 of the Convention on the Privileges and Immu10 nities of the United Nations to waive the immunity of any 

11 United Nations official in any case in which such immu12 nity would impede the course of justice. In exercising such 

13 waiver, the Secretary-General is urged to interpret the in14 terests of the United Nations as favoring the investigation 

15 or prosecution of a United Nations official who is credibly 

16 under investigation for having committed a serious crimi17 nal offense or who is credibly charged with a serious crimi18 nal offense. 

19 SEC. 306. TERRORISM AND THE UNITED NATIONS. 

20 The President shall direct the United States Perma21 nent Representative to the United Nations to use the 

22 voice, vote, and influence of the United States at the 

23 United Nations to work toward adoption by the General 

24 Assembly of— 

25 (1) a definition of terrorism that— 


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1 (A) builds upon the recommendations of 

2 the December 2004 report of the High-Level 

3 Panel on Threats, Challenges, and Change; 

4 (B) includes as an essential component of 

5 such definition any action that is intended to 

6 cause death or serious bodily harm to civilians 

7 with the purpose of intimidating a population 

8 or compelling a government or an international 

9 organization to do, or abstain from doing, any 

10 act; and 

11 (C) does not propose a legal or moral 

12 equivalence between an action described in sub13 paragraph (B) and measures taken by a gov14 ernment or international organization in self-de15 fense against an action described in subpara16 graph (B); and 

17 (2) a comprehensive convention on terrorism 

18 that includes the definition described in paragraph 

19 (1). 

20 SEC. 307. REPORT ON UNITED NATIONS PERSONNEL. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of the enactment of this Act, the Secretary shall sub23 mit to the appropriate congressional committees a re24 port— 


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1 (1) concerning the progress of the General As2 sembly to modernize human resource practices, con3 sistent with the March 2005 report of the Secretary4 General entitled ‘‘In Larger Freedom: Towards De5 velopment, Security and Human Rights for All’’; 

6 and 

7 (2) containing the information described in sub8 section (b). 

9 (b) CONTENTS.—The report shall include— 

10 (1) a comprehensive evaluation of human re11 sources reforms at the United Nations, including an 

12 evaluation of— 

13 (A) tenure; 

14 (B) performance reviews; 

15 (C) the promotion system; 

16 (D) a merit-based hiring system and en17 hanced regulations concerning termination of 

18 employment of employees; and 

19 (E) the implementation of a code of con20 duct and ethics training; 

21 (2) the implementation of a system of proce22 dures for filing complaints and protective measures 

23 for workplace harassment, including sexual harass24 ment; 


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1 (3) policy recommendations relating to the es2 tablishment of a rotation requirement for non3 administrative positions; 

4 (4) policy recommendations relating to the es5 tablishment of a prohibition preventing personnel 

6 and officials assigned to the mission of a member 

7 state to the United Nations from transferring to a 

8 position within the United Nations Secretariat that 

9 is compensated at the P–5 level and above; 

10 (5) policy recommendations relating to a reduc11 tion in travel allowances and attendant oversight 

12 with respect to accommodations and airline flights; 

13 and 

14 (6) an evaluation of the recommendations of the 

15 Secretary-General relating to greater flexibility for 

16 the Secretary-General in staffing decisions to accom17 modate changing priorities. 

18 SEC. 308. UNITED NATIONS TREATY BODIES. 

19 The United States shall withhold from United States 

20 contributions to the regular assessed budget of the United 

21 Nations for a biennial period amounts that are propor22 tional to the percentage of such budget that are expended 

23 with respect to a United Nations human rights treaty 

24 monitoring body or committee that was established by— 


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1 (1) a convention (without any protocols) or an 

2 international covenant (without any protocols) to 

3 which the United States is not party; or 

4 (2) a convention, with a subsequent protocol, if 

5 the United States is a party to neither. 

6 SEC. 309. ANTI-SEMITISM AND THE UNITED NATIONS. 

7 The President shall direct the United States perma8 nent representative to the United Nations to use the voice, 

9 vote, and influence of the United States at the United Na10 tions to make every effort to— 

11 (1) ensure the issuance and implementation of 

12 a directive by the Secretary-General or the Secre13 tariat, as appropriate, that— 

14 (A) requires all employees of the United 

15 Nations and its specialized agencies to officially 

16 and publicly condemn anti-Semitic statements 

17 made at any session of the United Nations or 

18 its specialized agencies, or at any other session 

19 sponsored by the United Nations; 

20 (B) requires employees of the United Na21 tions and its specialized agencies, programs, 

22 and funds to be subject to punitive action, in23 cluding immediate dismissal, for making anti24 Semitic statements or references; 


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1 (C) proposes specific recommendations to 

2 the General Assembly for the establishment of 

3 mechanisms to hold accountable employees and 

4 officials of the United Nations and its special5 ized agencies, programs, and funds, or Member 

6 States, that make such anti-Semitic statements 

7 or references in any forum of the United Na8 tions or of its specialized agencies; 

9 (D) continues to develop and implements 

10 education awareness programs about the Holo11 caust and anti-Semitism throughout the world, 

12 as part of an effort to combat intolerance and 

13 hatred; and 

14 (E) requires the Office of the United Na15 tions High Commissioner for Human Rights 

16 (OHCHR) to develop programming and other 

17 measures that address anti-Semitism; 

18 (2) secure the adoption of a resolution by the 

19 General Assembly that establishes the mechanisms 

20 described in paragraph (1)(C); and 

21 (3) continue working toward further reduction 

22 of anti-Semitic language and anti-Israel resolutions 

23 in the United Nations and its specialized agencies, 

24 programs, and funds. 


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1 SEC. 310. REGIONAL GROUP INCLUSION OF ISRAEL. 

2 The President shall direct the United States Perma3 nent Representative to the United Nations to use the 

4 voice, vote, and influence of the United States at the 

5 United Nations to expand the Western European and Oth6 ers Group (WEOG) in the United Nations in Geneva to 

7 include Israel as a permanent member with full rights and 

8 privileges. 

9 SEC. 311. UNITED STATES POLICY ON TIER 3 HUMAN 

10 RIGHTS VIOLATORS. 

11 The President shall direct the United States Perma12 nent Representative to the United Nations to use the 

13 voice, vote, and influence of the United States at the 

14 United Nations to ensure that no representative of a coun15 try designated by the Department of State pursuant to 

16 section 110 of the Trafficking Victims Protection Act of 

17 2000 (22 U.S.C. 7107) as a Tier 3 country presides as 

18 Chair or President of any United Nations Entity. 

19 TITLE IV—STATUS OF PALES20 TINIAN ENTITIES AT THE 

21 UNITED NATIONS 

22 SEC. 401. FINDINGS. 

23 Congress makes the following findings: 

24 (1) In 1989, the Palestine Liberation Organiza25 tion (PLO) launched an effort to evade direct nego26 tiations for peace with the State of Israel by instead 


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1 pursuing Palestinian membership in international 

2 organizations, which could imply de facto recognition 

3 of a Palestinian state by the United Nations. 

4 (2) The Executive branch, with significant sup5 port from Members of Congress, successfully 

6 stopped the PLO’s effort by credibly threatening, as 

7 noted in a May 1, 1989, statement by then-Sec8 retary of State James A. Baker, ‘‘that the United 

9 States [would] make no further contributions, vol10 untary or assessed, to any international organization 

11 which makes any change in the P.L.O.’s present sta12 tus as an observer organization’’. 

13 (3) The United States success in this case dem14 onstrates that withholding contributions and placing 

15 conditions on their payment can result in real re16 forms, stop counterproductive developments, and ad17 vance United States interests at the United Nations. 

18 (4) The Palestinian leadership has recently re19 sumed its effort to evade direct negotiations for 

20 peace with the State of Israel by seeking recognition 

21 of a Palestinian state from foreign governments and 

22 in international forums. 

23 (5) Efforts to bypass negotiations and to unilat24 erally declare a Palestinian state, or to appeal to the 

25 United Nations or other international forums or to 


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1 foreign governments for recognition of a Palestinian 

2 state or membership or other upgraded status for 

3 the Palestinian observer mission at those forums, 

4 would violate the underlying principles of the Oslo 

5 Accords, the Road Map, and other relevant Middle 

6 East peace process efforts. 

7 (6) On June 18, 2011, the Senate passed Sen8 ate Resolution 185 (112th Congress), in which the 

9 Senate— 

10 (A) ‘‘reaffirms its strong support for a ne11 gotiated solution to the Israeli-Palestinian con12 flict resulting in two states, a democratic, Jew13 ish state of Israel and a viable, democratic Pal14 estinian state, living side-by-side in peace, secu15 rity, and mutual recognition’’; 

16 (B) ‘‘reiterates its strong opposition to any 

17 attempt to establish or seek recognition of a 

18 Palestinian state outside of an agreement nego19 tiated between leaders in Israel and the Pal20 estinians’’; 

21 (C) ‘‘supports the Administration’s opposi22 tion to a unilateral declaration of a Palestinian 

23 state and to veto by the United States on Feb24 ruary 18, 2011, of the most recent United Na25 tions Security Council resolution regarding a 


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1 key issue of the Israeli-Palestinian process’’; 

2 and 

3 (D) ‘‘calls upon the President to announce 

4 that the United States will veto any resolution 

5 on Palestinian statehood that comes before the 

6 United Nations Security Council which is not a 

7 result of agreements reached between the Gov8 ernment of Israel and the Palestinians’’. 

9 (7) Ambassador Rosemary DiCarlo, United 

10 States Deputy Permanent Representative to the 

11 United Nations, stated on July 26, 2011, ‘‘Let there 

12 be no doubt: symbolic actions to isolate Israel at the 

13 United Nations in September will not create an 

14 independent Palestinian state. . . . The United 

15 States will not support unilateral campaigns at the 

16 United Nations in September or any other time.’’. 

17 SEC. 402. STATEMENT OF POLICY. 

18 It is the policy of the United States to oppose the 

19 recognition of a Palestinian state by any United Nations 

20 entity, or any upgrade, including full membership or non21 member-state observer status, in the status of the Pales22 tinian observer mission at the United Nations, the Pal23 estine Liberation Organization, the Palestinian Authority, 

24 or any other Palestinian administrative organization or 

25 governing entity, at any United Nations entity, prior to 


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1 the achievement of a final peace agreement negotiated be2 tween and agreed to by Israel and the Palestinians. 

3 SEC. 403. IMPLEMENTATION. 

4 (a) IN GENERAL.—The President shall direct the 

5 United States Permanent Representative to the United 

6 Nations to use the voice, vote, and influence of the United 

7 States at the United Nations to advance the policy stated 

8 in section 402. 

9 (b) WITHHOLDING OF FUNDS.—The Secretary shall 

10 withhold United States contributions from any United Na11 tions entity that recognizes a Palestinian state or up12 grades in any way, including full membership or non-mem13 ber-state observer status, the status of the Palestinian ob14 server mission at the United Nations, the Palestine Lib15 eration Organization, the Palestinian Authority, or any 

16 other Palestinian administrative organization or governing 

17 entity, at that United Nations entity, prior to the achieve18 ment of complete and final peace agreement negotiated be19 tween and agreed to by Israel and the Palestinians. Funds 

20 appropriated for use as a United States contribution to 

21 the United Nations but withheld from obligation and ex22 penditure pursuant to this section shall immediately revert 

23 to the United States Treasury and shall not be considered 

24 arrears to be repaid to any United Nations entity. 


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1 TITLE V—UNITED NATIONS 

2 HUMAN RIGHTS COUNCIL 

3 SEC. 501. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Since its establishment in 2006, the United 

6 Nations Human Rights Council has failed to mean7 ingfully promote the protection of internationally 

8 recognized human rights, and has proven to be even 

9 more problematic than the United Nations Human 

10 Rights Commission that it was created to replace. 

11 (2) The United Nations Human Rights Council 

12 suffers from fundamental and severe structural 

13 flaws present since its establishment by the United 

14 Nations General Assembly, such as the fact that it 

15 draws its members from the General Assembly with16 out any substantive membership criteria, with the 

17 perverse result that a number of the world’s worst 

18 human rights abusers are members of the council. 

19 (3) The structure and composition of the 

20 United Nations Human Rights Council have made it 

21 subject to gross political manipulation, with the re22 sult that, during its almost five years of operation, 

23 the Council has passed over 40 resolutions censuring 

24 the democratic, Jewish State of Israel, as compared 

25 to only a handful censuring the dictatorships in 


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1 Burma and North Korea, just one addressing the se2 vere, ongoing human rights abuses in Libya, Iran, 

3 Syria, and Belarus, and none addressing the severe, 

4 ongoing human rights abuses in China, Cuba, Rus5 sia, Zimbabwe, Venezuela, and elsewhere. 

6 (4) The United Nations Human Rights Coun7 cil’s agenda contains a permanent item for criticism 

8 of the democratic, Jewish State of Israel, but no 

9 permanent items criticizing any other state. 

10 (5) The United Nations Human Rights Council 

11 has established, or preserved the existence of, a 

12 number of ‘‘Special Procedures’’ mechanisms to ad13 dress country-specific situations or thematic issues. 

14 These mechanisms include a number of ‘‘special 

15 rapporteurs’’ whose expenses and staff support are 

16 paid for by contributions to the United Nations. 

17 (6) The United Nations Human Rights Council 

18 has also established an ‘‘Advisory Committee’’ whose 

19 expenses and staff support are paid for by contribu20 tions to the United Nations. 

21 (7) The ongoing five-year review of the United 

22 Nations Human Rights Council concluded on June 

23 17, 2011, and failed make any significant reforms to 

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1 ing its absence of substantive membership criteria, 

2 or to remove the permanent agenda item on Israel. 

3 (8) On June 17, 2011, John F. Sammis, 

4 United States Deputy Representative to the Eco5 nomic and Social Council, stated, ‘‘The Geneva proc6 ess [of the five-year review] failed to yield even mini7 mally positive results, forcing us to dissociate from 

8 the outcome. . . . the final resolution [for the five9 year review] also fails to address the core problems 

10 that still plague the Human Rights Council. . . . 

11 The United States has therefore voted ‘no’ on the 

12 resolution. . . . the Council’s effectiveness and legit13 imacy will always be compromised so long as one 

14 country in all the world is unfairly and uniquely sin15 gled out while others, including chronic human 

16 rights abusers, escape scrutiny. . . . The resolution 

17 before us today does nothing to address the Coun18 cil’s failures nor move it any closer to the founding 

19 values of the UN Charter and the Universal Dec20 laration of Human Rights.’’. 

21 (9) United States membership in the Human 

22 Rights Council has not led to reform of its funda23 mental flaw or diminished the Council’s virulently 

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1 olutions criticizing Israel since the United States 

2 joined in 2009. 

3 SEC. 502. UNITED NATIONS HUMAN RIGHTS COUNCIL MEM4 BERSHIP AND FUNDING. 

5 (a) IN GENERAL.—For each fiscal year beginning 

6 after the effective date of this Act, until the Secretary sub7 mits to Congress a certification that the requirements de8 scribed in subsection (b) have been satisfied— 

9 (1) the Secretary shall withhold from a United 

10 States contribution each fiscal year to a regular 

11 budget of the United Nations an amount that is 

12 equal to the percentage of such contribution that the 

13 Secretary determines would be allocated by the 

14 United Nations to support the United Nations 

15 Human Rights Council; 

16 (2) the Secretary shall not make a voluntary 

17 contribution to the United Nations Human Rights 

18 Council; and 

19 (3) the United States shall not run for a seat 

20 on the United Nations Human Rights Council. 

21 (b) CERTIFICATION.—The annual certification re22 ferred to in subsection (a) is a certification made by the 

23 Secretary to Congress that— 

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1 sembly explicitly and effectively prohibits candidacy 

2 for Human Rights Council membership of a United 

3 Nations Member State— 

4 (A) subject to sanctions by the Security 

5 Council; and 

6 (B) under a Security Council-mandated in7 vestigation for human rights abuses; 

8 (2) the United Nations Human Rights Council 

9 does not include a United Nations Member State— 

10 (A) subject to sanctions by the Security 

11 Council; 

12 (B) under a Security Council-mandated in13 vestigation for human rights abuses; 

14 (C) that the Secretary has determined, for 

15 purposes of section 6(j) of the Export Adminis16 tration Act of 1979 (as continued in effect pur17 suant to the International Emergency Economic 

18 Powers Act; 50 U.S.C. 1701 et seq.), section 40 

19 of the Arms Export Control Act (22 U.S.C. 

20 2780), section 620A of the Foreign Assistance 

21 Act of 1961 (22 U.S.C. 2371), or other provi22 sion of law, is a government that has repeatedly 

23 provided support for acts of international ter24 rorism; 


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1 (D) designated by the Department of State 

2 pursuant to section 110 of the Trafficking Vic3 tims Protection Act of 2000 (22 U.S.C. 7107) 

4 as a Tier 3 country; or 

5 (E) that the President has designated as a 

6 country of particular concern for religious free7 dom under section 402(b) of the International 

8 Religious Freedom Act of 1998 (22 U.S.C. 

9 6442(b)); and 

10 (3) the United Nations Human Rights Coun11 cil’s agenda or programme of work does not include 

12 a permanent item with regard to the State of Israel. 

13 (c) SPECIAL PROCEDURES.—The Secretary shall 

14 withhold from a United States contribution each year to 

15 a regular budget of the United Nations an amount that 

16 is equal to the percentage of such contribution that the 

17 Secretary determines would be allocated by the United 

18 Nations to support the United Nations ‘‘Special 

19 Rapporteur on the situation of human rights in Pales20 tinian territories occupied since 1967’’, and any other 

21 United Nations Human Rights Council ‘‘Special Proce22 dures’’ used to display bias against the United States or 

23 the State of Israel or to provide support for the govern24 ment of any United Nations Member State— 

25 (1) subject to sanctions by the Security Council; 


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1 (2) under a Security Council-mandated inves2 tigation for human rights abuses; 

3 (3) that the Secretary has determined, for pur4 poses of section 6(j) of the Export Administration 

5 Act of 1979 (as continued in effect pursuant to the 

6 International Emergency Economic Powers Act), 

7 section 40 of the Arms Export Control Act, section 

8 620A of the Foreign Assistance Act of 1961, or 

9 other provision of law, is a government that has re10 peatedly provided support for acts of international 

11 terrorism; 

12 (4) designated by the Department of State pur13 suant to section 110 of the Trafficking Victims Pro14 tection Act of 2000 (22 U.S.C. 7107) as a Tier 3 

15 country; and 

16 (5) that the President has designated as a 

17 country of particular concern for religious freedom 

18 under section 402(b) of the International Religious 

19 Freedom Act of 1998 (22 U.S.C. 6442(b)). 

20 (d) REVERSION OF FUNDS.—Funds appropriated for 

21 use as a United States contribution to the United Nations 

22 but withheld from obligation and expenditure pursuant to 

23 this section shall immediately revert to the United States 

24 Treasury and shall not be considered arrears to be repaid 

25 to any United Nations entity. 


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1 TITLE VI—GOLDSTONE REPORT 

2 SEC. 601. FINDINGS. 

3 Congress makes the following findings: 

4 (1) On January 12, 2009, the United Nations 

5 Human Rights Council passed Resolution S–91, au6 thorizing a ‘‘fact-finding mission’’ regarding the con7 duct of the Government of Israel during Operation 

8 Cast Lead between December 27, 2008, and Janu9 ary 18, 2009. 

10 (2) The resolution prejudged the outcome of the 

11 ‘‘fact-finding mission’’ by mandating that it inves12 tigate ‘‘violations of international humanitarian law 

13 by the occupying power, Israel, against the Pales14 tinian people’’. 

15 (3) On September 15, 2009, the ‘‘United Na16 tions Fact Finding Mission on the Gaza Conflict’’ 

17 released its report, now known as the ‘‘Goldstone re18 port’’, named for its chair, South African Richard 

19 Goldstone. 

20 (4) The report made numerous unsubstantiated 

21 assertions against Israel, in particular accusing the 

22 Government of Israel of committing war crimes by 

23 deliberately targeting civilians during its operations 

24 in Gaza. 


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1 (5) The report downplayed the overwhelming 

2 evidence that Hamas deliberately used Palestinian 

3 civilians and civilian institutions as human shields 

4 against Israel and deliberately targeted Israeli civil5 ians with rocket fire for over eight years prior to the 

6 operation. 

7 (6) The United Nations Human Rights Council 

8 voted to welcome the report, to endorse its rec9 ommendations, and to condemn Israel without men10 tioning Hamas. 

11 (7) As a result of the report, the United Na12 tions General Assembly has passed two resolutions 

13 endorsing the report’s findings, the United Nations 

14 Secretary-General has been requested to submit sev15 eral reports on implementation of its recommenda16 tions, and the Human Rights Council is scheduled to 

17 follow up on implementation of the report during fu18 ture sessions. 

19 (8) The findings of the Goldstone report and 

20 the subsequent and continued United Nations mem21 ber state actions following up on those findings have 

22 caused and continue to cause extensive harm to 

23 Israel’s standing in the world and could potentially 

24 create legal problems for Israel and its leaders. 


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1 (9) On April 2, 2011, Justice Richard 

2 Goldstone publicly retracted the central claims of the 

3 report he authored. 

4 (10) On April 14, 2011, the Senate passed by 

5 unanimous consent Senate Resolution 138 (112th 

6 Congress), which stated that the Senate— 

7 (A) ‘‘calls on the United Nations Human 

8 Rights Council members to reflect the author’s 

9 repudiation of the Goldstone report’s central 

10 findings, rescind the report, and reconsider fur11 ther Council actions with respect to the report’s 

12 findings’’; 

13 (B) ‘‘urges United Nations Secretary-Gen14 eral Ban Ki Moon to work with United Nations 

15 member states to reform the United Nations 

16 Human Rights Council so that it no longer un17 fairly, disproportionately, and falsely criticizes 

18 Israel on a regular basis’’; 

19 (C) ‘‘requests Secretary-General Ban Ki 

20 Moon to do all in his power to redress the dam21 age to Israel’s reputation caused by the 

22 Goldstone report’’; 

23 (D) ‘‘asks the Secretary-General to do all 

24 he can to urge member states to prevent any 


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1 further United Nations action on the report’s 

2 findings’’; and 

3 (E) ‘‘urges the United States to take a 

4 leadership role in getting the United Nations 

5 and its bodies to prevent any further action on 

6 the report’s findings and limit the damage that 

7 this libelous report has caused to our close ally 

8 Israel and to the reputation of the United Na9 tions’’. 

10 (11) Efforts to delegitimize the democratic 

11 State of Israel and deny it the right to defend its 

12 citizens and its existence can be used to delegitimize 

13 other democracies and deny them the same right. 

14 SEC. 602. STATEMENT OF POLICY. 

15 It is the policy of the United States to— 

16 (1) consider the Goldstone Report irredeemably 

17 biased and unworthy of further consideration or le18 gitimacy; 

19 (2) strongly and unequivocally oppose any con20 sideration, legitimization, or endorsement of the 

21 Goldstone Report, or any other measures stemming 

22 from this report, in multilateral fora; 

23 (3) lead a high-level diplomatic campaign in 

24 support of the revocation and repudiation, by the 

25 United Nations General Assembly, of the Goldstone 


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1 Report and any United Nations resolutions stem2 ming from the report, including— 

3 (A) United Nations General Assembly res4 olutions A/RES/64/10 and A/RES/64/254; and 

5 (B) United Nations Human Rights Council 

6 resolutions A–HRC–S–12–1, A/HRC/13/L.30, 

7 and A/HRC/16/L.31; and 

8 (4) lead a high-level diplomatic effort to encour9 age other responsible countries not to endorse, sup10 port, or legitimize the Goldstone Report or any other 

11 measures stemming from the report. 

12 SEC. 603. WITHHOLDING OF FUNDS; REFUND OF UNITED 

13 STATES TAXPAYER DOLLARS. 

14 (a) WITHHOLDING OF FUNDS.—The Secretary shall 

15 withhold from the United States contribution to the reg16 ular budget of the United Nations an amount that is equal 

17 to the percentage of such contribution that the Secretary 

18 determines would be or has been expended by the United 

19 Nations for any part of the Goldstone Report or its pre20 paratory or follow-on activities. 

21 (b) REFUND OF UNITED STATES TAXPAYER DOL22 LARS.—Funds appropriated for use as a United States 

23 contribution to the regular budget of the United Nations 

24 but withheld from obligation and expenditure pursuant to 

25 subsection (a) shall immediately revert to the United 


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1 States Treasury and shall not be considered arrears to be 

2 repaid to any United Nations entity. 

3 TITLE VII—DURBAN PROCESS 

4 SEC. 701. FINDINGS. 

5 Congress makes the following findings: 

6 (1) The United States is opposed to racism, ra7 cial discrimination, xenophobia, and related intoler8 ance, and has long been a party to the Convention 

9 on the Elimination of Racial Discrimination. 

10 (2) Expensive and politically skewed inter11 national conferences can deserve and undermine the 

12 worthy goals that they are ostensibly convened to 

13 support. 

14 (3) The goals of the 2001 United Nations 

15 World Conference Against Racism—held in Durban, 

16 South Africa, and commonly referred to as ‘‘Durban 

17 I’’—were undermined by hateful, anti-Jewish rhet18 oric, and anti-Israel political agendas, prompting 

19 both Israel and the United States to withdraw their 

20 delegations from the Conference. 

21 (4) The official government declaration adopted 

22 by Durban I, the ‘‘Durban Declaration and Program 

23 of Action’’, focused on the ‘‘plight of the Palestinian 

24 people under foreign occupation’’, and thereby sin25 gled out one regional conflict for discussion and imVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 plicitly launched a false accusation against Israel of 

2 intolerance towards the Palestinians. 

3 (5) On September 3, 2001, Secretary of State 

4 Colin Powell explained the withdrawal of the United 

5 States delegation from Durban I by stating that 

6 ‘‘you do not combat racism by conferences that 

7 produce declarations containing hateful language, 

8 some of which is a throwback to the ‘days of Zion9 ism’ equals racism; or supports the idea that we 

10 have made too much of the Holocaust; or suggests 

11 that apartheid exists in Israel; or that singles out 

12 only one country in the world—Israel—for censure 

13 and abuse’’. 

14 (6) The late United States Representative Tom 

15 Lantos, who participated as a member of the United 

16 States delegation to the Durban Conference, sup17 ported that delegation’s withdrawal and wrote in 

18 2002 that the conference ‘‘provided the world with 

19 a glimpse into the abyss of international hate, dis20 crimination and, indeed, racism’’. 

21 (7) On December 19, 2006, the United Nations 

22 General Assembly approved a resolution initiating 

23 preparations for a Durban Review Conference (com24 monly referred to as ‘‘Durban II’’), which was held 


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1 between April 20 and 24, 2009, in Geneva, Switzer2 land. 

3 (8) The chair of the preparatory committee for 

4 Durban II was Libya, and the co-chairs included 

5 Iran and Cuba. 

6 (9) Throughout the preparatory process for 

7 Durban II, member states of the Organization of the 

8 Islamic Conference urged that the conference again 

9 focus criticism on Israel and single out the Israeli10 Palestinian conflict for discussion, and also urged 

11 that the conference advocate global speech codes 

12 that would impose restrictions contrary to funda13 mental freedoms recognized in the provisions of the 

14 Universal Declaration of Human Rights. 

15 (10) In testimony before the House of Rep16 resentatives on April 2, 2008, then-Assistant Sec17 retary of State for International Organizations 

18 Kirsten Silverier stated that the United States had 

19 decided against participating in preparatory activi20 ties for Durban II because ‘‘[there is] absolutely no 

21 case to be made for participating in something that 

22 is going to be a repeat of Durban I. We don’t have 

23 any confidence that this will be any better than Dur24 ban I’’. 


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1 (11) During February 2009, the United States 

2 actively participated in intergovernmental consulta3 tions on Durban II’s ‘‘draft outcome document’’ and 

4 engaged in high-level diplomatic efforts to dramati5 cally reverse the path of Durban II by directing it 

6 towards meaningful efforts to combat intolerance 

7 and bigotry and directing it away from efforts to un8 dermine the cause of fighting discrimination through 

9 singling out Israel for implicit criticism and calling 

10 for restrictions on fundamental freedoms. 

11 (12) On February 27, 2009, a Department of 

12 State spokesman stated that, despite United States 

13 efforts to redirect the path of Durban II, ‘‘the docu14 ment being negotiated has gone from bad to worse, 

15 and the current text of the draft outcome document 

16 is not salvageable. . . . A conference based on this 

17 text would be a missed opportunity to speak clearly 

18 about the persistent problem of racism’’ and there19 fore, the United States would not participate in fur20 ther consultations and negotiations regarding the 

21 ‘‘draft outcome document,’’ and would not partici22 pate in Durban II itself unless the ‘‘draft outcome 

23 document’’ was radically shortened and revised to 

24 eliminate objectionable material. 


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1 (13) On April 17, 2009, the third and final ses2 sion of the preparatory committee for Durban II 

3 proposed a final ‘‘draft outcome document’’ that 

4 contained a number of provisions advocating restric5 tions on freedom of expression, and that also implic6 itly singled out and criticized Israel for racism by re7 affirming, in its very first paragraph, the 2001 Dur8 ban Declaration and Programme of Action. 

9 (14) On April 19, 2009, President Barack 

10 Obama stated at a press conference, ‘‘I would love 

11 to be involved in a useful conference that addressed 

12 continuing issues of racism and discrimination 

13 around the globe . . . we expressed in the run-up to 

14 this conference our concerns that if you incor15 porated—if you adopted all the language from 2001, 

16 that’s just not something we could sign up for . . . 

17 our participation would have involved putting our 

18 imprimatur on something that we just don’t believe 

19 . . . Hopefully . . . we can partner with other coun20 tries on to actually reduce discrimination around the 

21 globe. But this wasn’t an opportunity to do it.’’. 

22 (15) Canada, Israel, Italy, Germany, the Neth23 erlands, Poland, Australia, and New Zealand also 

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1 public walked out of the Conference during its pro2 ceedings, never to return. 

3 (16) Libya was the chair of the Main Com4 mittee of Durban II, and vice presidents of Durban 

5 II included Libya, Iran, and Cuba. 

6 (17) On April 21, 2009, governments partici7 pating in Durban II adopted by consensus an ‘‘out8 come document’’ that contained a number of provi9 sions advocating restrictions on freedom of expres10 sion, and that also implicitly singled out and criti11 cized Israel for racism by reaffirming, in its very 

12 first paragraph, the 2001 Durban Declaration and 

13 Program of Action. 

14 (18) On December 18, 2009, the United Na15 tions General Assembly approved Resolution A/RES/ 

16 64/148, which urged the ‘‘full and effective imple17 mentation of the Durban Declaration and Pro18 gramme of Action’’ and called for a ‘‘one-day ple19 nary event to commemorate the ten-year anniversary 

20 [of Durban I] during the high-level segment of the 

21 General Assembly to be devoted to racism, racial dis22 crimination, xenophobia, and related intolerance dur23 ing its sixty-fifth session, in 2011’’. The United 

24 States, joined by 12 other nations, voted against this 

25 resolution. 


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1 (19) On December 24, 2010, the United Na2 tions General Assembly adopted Resolution A/RES/ 

3 65/240, authorizing the holding of a ‘‘one-day high4 level meeting of the General Assembly to commemo5 rate the tenth anniversary of the adoption of the 

6 Durban Declaration and Programme of Action, at 

7 the level of Heads of State and Government, on the 

8 second day of the general debate of the sixty-sixth 

9 session’’ in September of 2011. The resolution also 

10 states that the meeting (commonly referred to as 

11 ‘‘Durban III’’) will adopt a ‘‘political declaration 

12 aimed at mobilizing political will at the national, re13 gional, and international levels for the full and effec14 tive implementation of the Durban Declaration and 

15 Programme of Action and its follow-up processes’’. 

16 The resolution also requests that the United Nations 

17 Secretary-General ‘‘establish a programme of out18 reach, with the involvement of Member States and 

19 United Nations funds and programmes as well as 

20 civil society, including non-governmental organiza21 tions, to appropriately commemorate the tenth anni22 versary of the adoption of the Durban Declaration 

23 and Programme of Action’’. The resolution also re24 quests that ‘‘the Office of the United Nations High 

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1 ment of Public Information of the Secretariat . . . 

2 launch a public information campaign for the com3 memoration of the tenth anniversary of the adoption 

4 of the Durban Declaration and Programme of Ac5 tion’’. The United States, joined by 21 other na6 tions, voted against this resolution. 

7 (20) The Government of Canada has announced 

8 that it will not participate in the Durban III meet9 ing. Canada Minister of Citizenship, Immigration, 

10 and Multiculturalism Jason Kenney stated, ‘‘Our 

11 government has lost faith in the entire tainted Dur12 ban process. Canada will not participate in this cha13 rade any longer. We will not lend our country’s good 

14 name to a commemoration of what has widely been 

15 characterized as a hatefest. . . . Canada is clearly 

16 committed to the fight against racism, but the Dur17 ban process commemorates an agenda that actually 

18 promotes racism rather than combats it.’’. 

19 (21) The Government of Israel has announced 

20 that it will not participate in the Durban III meet21 ing, stating, ‘‘Israel is part of the international 

22 struggle against racism. The Jewish people was 

23 itself a victim of racism throughout history. Israel 

24 regrets that a resolution on an important subject— 

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1 cized by the automatic majority at the UN, by link2 ing it to the Durban Declaration and Programme of 

3 Action (2001) that many states would prefer to for4 get. The Durban Conference of 2001, with its 

5 antisemitic undertones and displays of hatred for 

6 Israel and the Jewish World, left us with scars that 

7 will not heal quickly. . . . Under the present cir8 cumstances, as long as the [Durban III] meeting is 

9 defined as part of the infamous ‘Durban process’, 

10 Israel will not participate . . . .’’. 

11 (22) On June 2, 2011, the United States pub12 licly announced that it would not participate in the 

13 Durban III meeting. A Department of State deputy 

14 spokesman stated, ‘‘Durban process includes dis15 plays of intolerance and anti-Semitism, and we don’t 

16 want to see that commemorated. In our conversa17 tions about this commemoration, we’ve not seen the 

18 kind of progress that we think is indicative. We re19 main unconvinced that the conference is moving in 

20 a new direction.’’. 

21 (23) The Governments of the Czech Republic, 

22 the Netherlands, and Italy have announced that they 

23 will not participate in the Durban III meeting. 

24 (24) The Durban I and Durban II Conferences, 

25 and the preparatory and follow-on activities for both, 


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1 have made little or no demonstrable contribution to 

2 combating racism, racial discrimination, xenophobia, 

3 and related intolerance. 

4 (25) The United States is the largest contrib5 utor to the United Nations system, and is assessed 

6 for a full 22 percent of the United Nations regular 

7 budget, which is funded by assessed contributions 

8 from Member States. 

9 (26) Funding for Durban I, Durban II, and 

10 their preparatory and follow-on activities through 

11 the United Nations regular budget has resulted in 

12 United States taxpayer dollars being used for those 

13 purposes. 

14 (27) Congress, through its adoption of the Con15 solidated Appropriations Act, 2008 (Public Law 

16 110–161) withheld from the United States assessed 

17 contribution for fiscal year 2008 to the United Na18 tions regular budget an amount equivalent to the 

19 United States share of the United Nations Human 

20 Rights Council budget, including its share of the 

21 Council-administered preparatory process for Dur22 ban II. 

23 SEC. 702. SENSE OF CONGRESS; STATEMENT OF POLICY. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) the Durban I and Durban II conferences, 

2 and their preparatory and follow-on activities, were 

3 subverted by members of the Organization of the Is4 lamic Conference and irredeemably distorted into a 

5 forum for anti-Israel, anti-Semitic, and anti-freedom 

6 activity; 

7 (2) by walking out of the Durban I conference, 

8 not participating in the Durban II conference, and 

9 announcing that it would not participate in the Dur10 ban III meeting, the United States Government 

11 upheld and reaffirmed the fundamental commitment 

12 of the United States to combating racism, racial dis13 crimination, xenophobia, and related intolerance; 

14 (3) the Governments of Canada, Israel, Italy, 

15 Germany, the Netherlands, Poland, Australia, New 

16 Zealand, and the Czech Republic should be com17 mended for their decision to not participate or cease 

18 participation in the Durban II conference; 

19 (4) the Governments of Canada, Israel, the 

20 Czech Republic, the Netherlands, Italy, and any 

21 other government that decides not to participate in 

22 the Durban III meeting, should be commended for 

23 that decision; and 

24 (5) the United States Government should expe25 ditiously and unequivocally announce that it will not 


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1 participate in, support, or legitimize any part of the 

2 Durban process. 

3 (b) STATEMENT OF POLICY.—It shall be the policy 

4 of the United States to— 

5 (1) lead a high-level diplomatic effort to encour6 age other responsible countries— 

7 (A) not to participate in, support, legiti8 mize, or fund any portion of the Durban III 

9 meeting, its preparatory or follow-on activities, 

10 or any other part of the Durban process; and 

11 (B) to withhold from their respective con12 tributions to the regularly assessed biennial 

13 budget of the United Nations an amount that 

14 is equal to the percentage of such respective 

15 contributions that they determine would be or 

16 has been allocated by the United Nations for 

17 any part of the Durban III meeting or its pre18 paratory or follow-on activities, or for any other 

19 part of the Durban process; and 

20 (2) lead a high-level diplomatic effort to explore 

21 credible, alternative forums for combating racism, 

22 racial discrimination, xenophobia, and related intol23 erance. 


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1 SEC. 703. NON-PARTICIPATION IN THE DURBAN PROCESS. 

2 None of the funds made available in any provision 

3 of law may be used for United States participation in the 

4 Durban III meeting, its preparatory or follow-on activities, 

5 or any further part of the Durban process. 

6 SEC. 704. WITHHOLDING OF FUNDS; REFUND OF UNITED 

7 STATES TAXPAYER DOLLARS. 

8 (a) WITHHOLDING OF FUNDS FOR THE DURBAN

9 PROCESS.—The Secretary shall withhold from the United 

10 States contribution to the regular budget of the United 

11 Nations an amount that is equal to the percentage of such 

12 contribution that the Secretary determines would be or 

13 has been expended by the United Nations for any part 

14 of the Durban I or Durban II conferences, the Durban 

15 III meeting, their preparatory or follow-on activities, or 

16 any other part of the Durban process, including— 

17 (1) the ‘‘public information campaign for the 

18 commemoration of the tenth anniversary of the 

19 adoption of the Durban Declaration and Programme 

20 of Action’’ requested by United Nations General As21 sembly Resolution ARES/65/240; 

22 (2) the Intergovernmental Working Group on 

23 the Effective Implementation of the Durban Dec24 laration and Programme of Action; 


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1 (3) the ‘‘group of independent eminent experts 

2 on the implementation of the Durban Declaration 

3 and Programme of Action’’; and 

4 (4) the Ad Hoc Committee on the Elaboration 

5 of Complementary Standards. 

6 (b) WITHHOLDING OF FUNDS FOR OTHER BIASED

7 AND COMPROMISED ACTIVITIES.—Until the Secretary 

8 submits to the appropriate congressional committees a 

9 certification, on a case-by-case basis, that the require10 ments described in subsection (d) have been satisfied, the 

11 United States shall withhold from the United States con12 tribution to the regular budget of the United Nations an 

13 amount that is equal to the percentage of such contribu14 tion that the Secretary determines has been allocated by 

15 the United Nations for any conference, meeting, or other 

16 multilateral forum, or the preparatory or follow-on activi17 ties of any conference, meeting, or other multilateral 

18 forum, that is organized under the aegis or jurisdiction 

19 of the United Nations or of any United Nations entity. 

20 (c) REFUND OF UNITED STATES TAXPAYER DOL21 LARS.— 

22 (1) CONTRIBUTIONS TO REGULAR BUDGET OF

23 UNITED NATIONS.—Funds appropriated for use as a 

24 United States contribution to the regular budget of 

25 the United Nations but withheld from obligation and 


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1 expenditure pursuant to subsection (a) shall imme2 diately revert to the United States Treasury and 

3 shall not be considered arrears to be repaid to any 

4 United Nations entity. 

5 (2) CONTRIBUTIONS TO BIENNIAL BUDGET OF

6 UNITED NATIONS.—Funds appropriated for use as a 

7 United States contribution to the regularly assessed 

8 biennial budget of the United Nations but withheld 

9 from obligation and expenditure pursuant to sub10 section (b) may be obligated and expended for that 

11 purpose upon the certification described in sub12 section (d). Such funds shall revert to the United 

13 States Treasury if no such certification is made by 

14 the date that is one year after such appropriation, 

15 and shall not be considered arrears to be repaid to 

16 any United Nations entity. 

17 (d) CERTIFICATION.—The certification referred to in 

18 subsection (b) is a certification made by the Secretary to 

19 the appropriate congressional committees concerning the 

20 following: 

21 (1) The specified conference, meeting, or other 

22 multilateral forum did not reaffirm, call for the im23 plementation of, or otherwise support the Durban 

24 Declaration and Programme of Action (2001) or the 


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1 outcome document of the Durban II conference 

2 (2009) or the Durban III meeting (2011). 

3 (2) The specified conference or forum was not 

4 used to single out the United States or the State of 

5 Israel for unfair or unbalanced criticism. 

6 (3) The specified conference or forum was not 

7 used to propagate racism, racial discrimination, anti8 Semitism, denial of the Holocaust, incitement to vio9 lence or genocide, xenophobia, or related intolerance. 

10 (4) The specified conference or forum was not 

11 used to advocate for restrictions on the freedoms of 

12 speech, expression, religion, the press, assembly, or 

13 petition, or for restrictions on other fundamental 

14 human rights and freedoms. 

15 (5) The leadership of the specified conference 

16 or forum does not include a Member State, or a rep17 resentative from a Member State— 

18 (A) subject to sanctions by the Security 

19 Council; 

20 (B) under a Security Council-mandated in21 vestigation for human rights abuses; or 

22 (C) the government of which the Secretary 

23 has determined, for purposes of section 6(j) of 

24 the Export Administration Act of 1979 (as con25 tinued in effect pursuant to the International 


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1 Emergency Economic Powers Act), section 40 

2 of the Arms Export Control Act, section 620A 

3 of the Foreign Assistance Act of 1961, or other 

4 provision of law, is a government that has re5 peatedly provided support for acts of inter6 national terrorism. 

7 TITLE VIII—UNITED NATIONS 

8 RELIEF AND WORKS AGENCY 

9 FOR PALESTINE REFUGEES 

10 IN THE MIDDLE EAST 

11 SEC. 801. FINDINGS. 

12 Congress makes the following findings: 

13 (1) United Nations General Assembly Resolu14 tion 302 (1949) created the United Nations Relief 

15 and Works Agency for Palestine Refugees in the 

16 Near East (UNRWA) with the temporary, strictly 

17 humanitarian mandate to ‘‘carry out . . . direct re18 lief and works programmes’’ for Palestinian refu19 gees. 

20 (2) UNRWA has acknowledged that it is the 

21 ‘‘only UN agency that reports directly to the UN 

22 General Assembly, and whose beneficiary population 

23 stems from one nation-group’’, and is responsible 

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1 tions High Commissioner for Refugees (UNHCR) is 

2 responsible for other refugees across the world. 

3 (3) UNHCR’s definition of a refugee is, in ac4 cordance with the 1951 Convention Relating to the 

5 Status of Refugees, any person who ‘‘owing to a 

6 well-founded fear of being persecuted for reasons of 

7 race, religion, nationality, membership of a par8 ticular social group, or political opinion, is outside 

9 the country of his nationality, and is unable to or, 

10 owing to such fear, is unwilling to avail himself of 

11 the protection of that country’’. 

12 (4) UNRWA’s much broader definition of a 

13 ‘‘Palestine refugee’’ is any person, and his descend14 ants, whose ‘‘normal place of residence was [the 

15 former British Mandate of] Palestine during the pe16 riod 1 June 1946 to 15 May 1948 and who lost both 

17 home and means of livelihood as a result of the 1948 

18 conflict.’’. 

19 (5) UNRWA’s overly inclusive definition of a 

20 ‘‘Palestine refugee’’ has resulted in an increase in 

21 UNRWA’s reported number of ‘‘Palestine refugees’’ 

22 from under 1,000,000 in 1950 to over 4,500,000 in 

23 2011, encompassing multiple generations of descend24 ants of the original Palestinian refugees. 


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1 (6) Hundreds of thousands of ‘‘Palestine refu2 gees’’ are citizens of recognized states. 

3 (7) UNRWA, unlike UNHCR, does not offer 

4 refugees the option of resettlement and reintegration 

5 into their country of refuge or a third country. Ef6 forts by UN officials in the 1950s to offer resettle7 ment and reintegration as an option for Palestinian 

8 refugees were dropped under fierce opposition from 

9 Arab governments, and have not been taken up 

10 since. 

11 (8) Through its overly inclusive definition of a 

12 ‘‘Palestine refugee’’ and its refusal to offer refugees 

13 the option of resettlement and reintegration, 

14 UNRWA contributes to the perpetuation of the suf15 fering of Palestinian refugees, who have been ex16 ploited by Arab governments and Palestinian mili17 tant groups for over six decades as a political tool 

18 with which to assail Israel. 

19 (9) Almost all of UNRWA’s almost 30,000 staff 

20 are Palestinian refugees themselves, presenting a 

21 clear conflict of interest. 

22 (10) UNRWA’s total annual budget, including 

23 its core programs, emergency activities and special 

24 projects, exceeds $1,000,000,000. 


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1 (11) The United States has long been the larg2 est single contributing country to UNRWA. 

3 (12) From 1950 to 2010, the United States has 

4 contributed almost $3,900,000,000 to UNRWA, in5 cluding an average of over $210,000,000 per year 

6 between fiscal years 2007 and 2010. 

7 (13) Section 301(c) of the Foreign Assistance 

8 Act of 1961 (22 U.S.C. 2221(c)) provides, ‘‘No con9 tributions by the United States shall be made to the 

10 United Nations Relief and Works Agency for Pal11 estine Refugees in the Near East except on the con12 dition that the United Nations Relief and Works 

13 Agency take all possible measures to assure that no 

14 part of the United States contribution shall be used 

15 to furnish assistance to any refugee who is receiving 

16 military training as a member of the so-called Pal17 estine Liberation Army or any other guerrilla type 

18 organization or who has engaged in any act of ter19 rorism.’’. 

20 (14) In contravention of United States law, 

21 UNRWA does not ask its personnel or aid recipients 

22 if they are members of foreign terrorist organiza23 tions. 

24 (15) Even though the United States remains 

25 the largest single contributing country to UNRWA, 


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1 UNRWA does not screen its prospective or present 

2 staff and aid recipients through United States watch 

3 lists, including that of the Department of the Treas4 ury’s Office of Foreign Assets Control, and refused 

5 a United States request to do so in 2005. 

6 (16) UNRWA claims that it has fulfilled its ob7 ligations under section 301(c) of the Foreign Assist8 ance Act of 1961 by screening personnel through the 

9 United Nations Consolidated List pursuant to 

10 United Nations Security Council Resolution 1267, 

11 but the names on that list are largely members of 

12 al-Qaeda and the Taliban, not of Palestinian foreign 

13 terrorist organizations such as Hamas, Fatah’s al14 Aqsa Martyrs’ Brigades, or Palestinian Islamic 

15 Jihad. 

16 (17) Former UNRWA commissioner-general 

17 Peter Hansen stated in 2004, ‘‘I am sure that there 

18 are Hamas members on the UNRWA payroll and I 

19 don’t see that as a crime.’’. 

20 (18) A number of UNRWA personnel have been 

21 discovered to be affiliated with foreign terrorist or22 ganizations, including the following people: 

23 (A) Issa Batran (now deceased), a com24 mander of Hamas’s al-Aqsa Martyrs’ Brigades 


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1 and senior rocket-maker who taught at an 

2 UNRWA school in Gaza; 

3 (B) Humam Khalil Abu Mulal al-Balawi 

4 (now deceased), who reportedly carried out a 

5 homicide bombing that killed 7 Americans and 

6 one Jordanian at Forward Operating Base 

7 Chapman in Afghanistan on December 30, 

8 2009, reportedly worked as a physician at an 

9 UNRWA clinic in Amman, Jordan, and had 

10 longstanding ties to violent Islamist extremism; 

11 (C) Said Siam (now deceased), a longtime 

12 Hamas official who eventually served as 

13 Hamas’s Interior Minister in Gaza, and who 

14 taught at an UNRWA school in Gaza; 

15 (D) Awad al-Qiq (now deceased), a rocket16 builder for Palestinian Islamic Jihad who 

17 served as headmaster of an UNRWA school in 

18 Gaza; 

19 (E) Nahd Atallah, an UNRWA staff mem20 ber in Gaza, who was arrested, convicted, and 

21 sentenced to 15 years’ imprisonment by a mili22 tary court in Israel for using his UN travel doc23 ument to bypass Israeli checkpoints in Gaza in 

24 order to transport armed Palestinian militants; 

25 and 


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1 (F) an UNRWA teacher who reportedly 

2 praised homicide bombers and permitted 

3 Hamas leader Ahmed Yassin (now deceased) to 

4 speak to an assembly of students at an 

5 UNRWA school. UNRWA did not terminate 

6 the teacher’s employment, instead only giving 

7 him a letter of censure. 

8 (19) UNRWA staff unions, including the teach9 ers’ union, are frequently controlled by members af10 filiated with Hamas. 

11 (20) UNRWA refugee camps in Lebanon have 

12 frequently been controlled by foreign terrorist orga13 nizations and used for numerous unacceptable activi14 ties. 

15 (21) Former UNRWA general counsel James 

16 Lindsay noted in a 2009 report that— 

17 (A) ‘‘UNRWA . . . obviously does not take 

18 ‘all possible measures’ in practice’’ to assure 

19 that United States contributions do not provide 

20 assistance to any refugee with ties to foreign 

21 terrorist organizations, in accordance with sec22 tion 301(c) of the Foreign Assistance Act of 

23 1961; 

24 (B) ‘‘UNRWA makes no attempt to weed 

25 out individuals who support extremist positions 


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1 . . . UNRWA has taken very few steps to de2 tect and eliminate terrorists from the ranks of 

3 its staff or its beneficiaries, and no steps at all 

4 to prevent members of terrorist organizations, 

5 such as Hamas, from joining its staff.’’; 

6 (C) ‘‘[i]t is rare for an area staff member 

7 . . . to report or confirm that another staff 

8 member has violated rules against political 

9 speech, let alone exhibited ties to terrorism. Not 

10 surprisingly, external allegations of improper 

11 speech or improper use of UNRWA facilities 

12 are difficult to prove, as virtually no one is will13 ing to be a witness against gang members.’’; 

14 and 

15 (D) ‘‘[t]here are no formal procedures for 

16 deregistering or denying services to a properly 

17 registered refugee, no matter what he or she 

18 does.’’. 

19 (22) UNRWA continues to hold accounts at the 

20 Arab Bank and the Commercial Bank of Syria 

21 (CBS), financial institutions that the United States 

22 deems or believes to be complicit in money laun23 dering and terror financing. 

24 (23) The Arab Bank is reportedly at the center 

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1 lions of dollars have flowed to Palestinian groups 

2 that allegedly used some of those funds to pay off 

3 suicide bombers and their relatives, and is also re4 portedly being sued in Federal court by United 

5 States victims of attacks in Israel, with attorneys for 

6 the victims accusing the bank of facilitating acts of 

7 international terrorism. 

8 (24) On May 11, 2004, the Department of the 

9 Treasury designated CBS as a financial institution 

10 of ‘‘primary money laundering concern’’ pursuant to 

11 section 311 of the USA Patriot Act (Public Law 

12 107–56; 115 Stat. 298), stating that ‘‘CBS had 

13 been used by terrorists and their sympathizers and 

14 acted as a conduit for the laundering of proceeds 

15 generated from the illicit sale of Iraqi oil’’ and that 

16 ‘‘numerous transactions that may be indicative of 

17 terrorist financing and money laundering have been 

18 transferred through CBS, including two accounts at 

19 CBS that reference a reputed financier for Usama 

20 bin Laden.’’. 

21 (25) CBS is controlled by the Government of 

22 Syria, a state sponsor of terrorism. 

23 (26) The curriculum of UNRWA schools, which 

24 use the textbooks of their respective host govern25 ments or authorities, has long contained materials 


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1 that are anti-Israel, anti-Semitic, and supportive of 

2 violent extremism. 

3 (27) As far back as over 40 years ago, former 

4 UNRWA commissioner-general Laurence Michel5 more admitted that UNRWA schools were sup6 porting a ‘‘bitterly hostile attitude to Israel.’’. 

7 (28) Former UNRWA general counsel James 

8 Lindsay noted in a January 2009 report that 

9 ‘‘[t]eachers in UNRWA schools were often afraid to 

10 remove posters glorifying ‘martyrs’ (including sui11 cide bombers) for fear of retribution from armed 

12 supporters of the ‘martyrs’.’’. 

13 (29) UNRWA officials have compromised 

14 UNRWA’s strictly humanitarian mandate by engag15 ing in political agitation, propaganda, and advocacy 

16 agitation against Israel and in favor of Hamas, as 

17 reflected by the following actions: 

18 (A) UNRWA officials have repeatedly 

19 called for the United States and other nations 

20 to deal directly with Hamas and have repeat21 edly called for political ‘‘reconciliation’’ between 

22 Hamas and Fatah. 

23 (B) UNRWA officials have repeatedly cas24 tigated Israel for the actions by the Govern25 ment of Israel to defend innocent civilians from 


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1 rocket and mortar attacks from violent extrem2 ist groups in Gaza and from other acts of inter3 national terrorism, and has repeatedly blamed 

4 Israel, not Hamas and other violent extremist 

5 groups, for present restrictions on access to 

6 Gaza. 

7 (C) Former UNRWA general counsel 

8 James Lindsay noted in a 2009 report that, 

9 ‘‘although it occasionally issued mild, pro forma 

10 criticisms of Palestinian attacks (most of which 

11 were clearly war crimes), [UNRWA] put more 

12 effort into criticizing Israeli counterterrorism 

13 efforts (which were condemned using language 

14 associated with war crimes, though any such 

15 crimes were far from proved) . . . UNRWA 

16 never seems to acknowledge that Israel, since 

17 its 2005 withdrawal from Gaza, has launched 

18 strikes on the territory largely in order to halt 

19 rocket attacks and other assaults.’’. 

20 (D) Lindsay also noted that ‘‘UNRWA— 

21 through its leaders and press spokespersons—is 

22 constantly involved in political speech. . . . 

23 These one-sided speeches on political matters 

24 do not further the goals of a humanitarian and 

25 supposedly nonpolitical agency.’’. 


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1 (30) Despite UNRWA’s contravention of 

2 United States law and activities that compromise its 

3 strictly humanitarian mandate, UNRWA continues 

4 to receive United States contributions, including 

5 $237,800,000 in fiscal year 2010. 

6 (31) The bilateral ‘‘Framework for Coopera7 tion’’ that the United States concluded with 

8 UNRWA for 2010 actually ‘‘commends’’ UNRWA 

9 and does not commit UNRWA to vetting its per10 sonnel and aid recipients through United States 

11 watch lists. 

12 (32) Assistance from the United States and 

13 other responsible nations allows UNRWA to claim 

14 that criticisms of the agency’s behavior are un15 founded. UNRWA spokesman Christopher Gunness 

16 has dismissed concerns by stating, ‘‘If these baseless 

17 allegations were even halfway true, do you really 

18 think the U.S. and [European Commission] would 

19 give us hundreds of millions of dollars per year?’’. 

20 (33) Former UNRWA general counsel James 

21 Lindsay noted in a 2009 report the following: 

22 (A) ‘‘The United States, despite funding 

23 nearly 75 percent of UNRWA’s national budget 

24 and remaining its largest single country donor, 

25 has mostly failed to make UNRWA reflect U.S. 


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1 foreign policy objectives. . . . Recent U.S. ef2 forts to shape UNRWA appear to have been in3 effective . . . .’’; 

4 (B) ‘‘[T]he United States is not obligated 

5 to fund agencies that refuse to check its rolls 

6 for individuals their donors do not wish to sup7 port.’’; 

8 (C) ‘‘A number of changes in UNRWA 

9 could benefit the refugees, the Middle East, and 

10 the United States, but those changes will not 

11 occur unless the United States, ideally with 

12 support from UNRWA’s other main financial 

13 supporter, the European Union, compels the 

14 agency to enact reforms.’’; and 

15 (D) ‘‘If the [UNRWA commissioner-gen16 eral’s] power is used in ways that are conflict 

17 with the donors’ political objectives, it is up to 

18 the donors to take the necessary actions to en19 sure that their interests are respected. When 

20 they have done so, UNRWA—given the tight fi21 nancial leash it has been on for most of its ex22 istence—has tended to follow their dictates, 

23 even if sometimes slowly.’’. 

24 (34) The Government of Canada has recently 

25 placed restrictions on its contributions to UNRWA, 


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1 demonstrating consequences for UNRWA’s malfea2 sance and setting an example for the United States 

3 and other donor governments. 

4 SEC. 802. UNITED STATES CONTRIBUTIONS TO UNRWA. 

5 Section 301 of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2221) is amended by amending subsection (c) 

7 to read as follows: 

8 ‘‘(c)(1) Contributions by the United States to the 

9 United Nations Relief and Works Agency for Palestine 

10 Refugees in the Near East (UNRWA), to any successor 

11 or related entity, or to the regular budget of the United 

12 Nations for the support of UNRWA or a successor entity 

13 (through staff positions provided by the United Nations 

14 Secretariat, or otherwise), may be provided only during 

15 a period for which a certification described in paragraph 

16 (2) is in effect. 

17 ‘‘(2) A certification described in this paragraph is a 

18 written determination by the Secretary of State, based on 

19 all information available after diligent inquiry, and trans20 mitted to the appropriate congressional committees along 

21 with a detailed description of the factual basis therefor, 

22 that— 

23 ‘‘(A) no official, employee, consultant, con24 tractor, subcontractor, representative, or affiliate of 

25 UNRWA— 


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1 ‘‘(i) is a member of a foreign terrorist or2 ganization; 

3 ‘‘(ii) has propagated, disseminated, or in4 cited anti-American, anti-Israel, or anti-Semitic 

5 rhetoric or propaganda; or 

6 ‘‘(iii) has used any UNRWA resources, in7 cluding publications or Internet websites, to 

8 propagate or disseminate political materials, in9 cluding political rhetoric regarding the Israeli10 Palestinian conflict; 

11 ‘‘(B) no UNRWA school, hospital, clinic, other 

12 facility, or other infrastructure or resource is being 

13 used by a foreign terrorist organization for oper14 ations, planning, training, recruitment, fundraising, 

15 indoctrination, communications, sanctuary, storage 

16 of weapons or other materials, or any other pur17 poses; 

18 ‘‘(C) UNRWA is subject to comprehensive fi19 nancial audits by an internationally recognized third 

20 party independent auditing firm and has imple21 mented an effective system of vetting and oversight 

22 to prevent the use, receipt, or diversion of any 

23 UNRWA resources by any foreign terrorist organiza24 tion or members thereof; 


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1 ‘‘(D) no UNRWA-funded school or educational 

2 institution uses textbooks or other educational mate3 rials that propagate or disseminate anti-American, 

4 anti-Israel, or anti-Semitic rhetoric, propaganda or 

5 incitement; 

6 ‘‘(E) no recipient of UNRWA funds or loans is 

7 a member of a foreign terrorist organization; and 

8 ‘‘(F) UNRWA holds no accounts or other affili9 ations with financial institutions that the United 

10 States deems or believes to be complicit in money 

11 laundering and terror financing. 

12 ‘‘(3) DEFINITIONS.—In this section: 

13 ‘‘(A) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘appropriate congressional com15 mittees’ means— 

16 ‘‘(i) the Committees on Foreign Relations, 

17 Appropriations, and Homeland Security and 

18 Governmental Affairs of the Senate; and 

19 ‘‘(ii) the Committees on Foreign Affairs, 

20 Appropriations, and Oversight and Government 

21 Reform of the House of Representatives. 

22 ‘‘(B) FOREIGN TERRORIST ORGANIZATION.— 

23 The term ‘foreign terrorist organization’ means an 

24 organization designated as a foreign terrorist organi25 zation by the Secretary of State in accordance with 


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1 section 219(a) of the Immigration and Nationality 

2 Act (8 U.S.C. 1189(a)). 

3 ‘‘(4) EFFECTIVE DURATION OF CERTIFICATION.— 

4 The certification described in paragraph (2) shall be effec5 tive for a period of 180 days from the date of transmission 

6 to the appropriate congressional committees, or until the 

7 Secretary receives information rendering that certification 

8 factually inaccurate, whichever is earliest. In the event 

9 that a certification becomes ineffective, the Secretary shall 

10 promptly transmit to the appropriate congressional com11 mittees a description of any information that precludes the 

12 renewal or continuation of the certification. 

13 ‘‘(5) LIMITATION.—During a period for which a cer14 tification described in paragraph (2) is in effect, the 

15 United States may not contribute to the United Nations 

16 Relief and Works Agency for Palestine Refugees in the 

17 Near East (UNRWA) or a successor entity an annual 

18 amount— 

19 ‘‘(A) greater than the highest annual contribu20 tion to UNRWA made by a member country of the 

21 League of Arab States; 

22 ‘‘(B) that, as a proportion of the total UNRWA 

23 budget, exceeds the proportion of the total budget 

24 for the United Nations High Commissioner for Ref25 ugees (UNHCR) paid by the United States; or 


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1 ‘‘(C) that exceeds 22 percent of the total budget 

2 of UNRWA.’’. 

3 SEC. 803. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

5 (1) the President and the Secretary should lead 

6 a high-level diplomatic effort to encourage other re7 sponsible nations to withhold contributions to 

8 UNRWA, to any successor or related entity, or to 

9 the regular budget of the United Nations for the 

10 support of UNRWA or a successor entity (through 

11 staff positions provided by the United Nations Sec12 retariat, or otherwise) until UNRWA has met the 

13 conditions listed in subparagraphs (A) through (F) 

14 of section 301(c)(2) of the Foreign Assistance Act of 

15 1961 (as added by section 802); 

16 (2) citizens of recognized states should be re17 moved from UNRWA’s jurisdiction; 

18 (3) UNRWA’s definition of a ‘‘Palestine ref19 ugee’’ should be changed to that used for a refugee 

20 by the Office of the United Nations High Commis21 sioner for Refugees; and 

22 (4) in order to alleviate the suffering of Pales23 tinian refugees, responsibility for those refugees 

24 should be fully transferred to the Office of the 

25 United Nations High Commissioner for Refugees. 


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1 TITLE IX—INTERNATIONAL 

2 ATOMIC ENERGY AGENCY 

3 SEC. 901. TECHNICAL COOPERATION PROGRAM. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) The International Atomic Energy Agency 

7 (IAEA) was established in 1957 with the objectives 

8 of seeking to ‘‘accelerate and enlarge the contribu9 tion of atomic energy to peace, health and prosperity 

10 throughout the world’’ and to ‘‘ensure . . . that as11 sistance provided by it or at its request or under its 

12 supervision or control is not used in such a way as 

13 to further any military purpose.’’. 

14 (2) The United States, via assessed contribu15 tions, is the largest financial contributor to the reg16 ular budget of the IAEA. 

17 (3) In 1959, the IAEA established what is now 

18 called the Technical Cooperation Program, financed 

19 primarily through voluntary contributions by mem20 ber states to the Technical Cooperation Fund, to 

21 provide nuclear technical cooperation (TC) for 

22 peaceful purposes to countries worldwide. 

23 (4) The United States is the largest financial 

24 contributor to the IAEA’s Technical Cooperation 

25 Fund. 


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1 (5) A March 2009 report by the Government 

2 Accountability Office (GAO) found that ‘‘neither 

3 [the Department of State] nor IAEA seeks to sys4 tematically limit TC assistance to countries the 

5 United States has designated as state sponsors of 

6 terrorism—Cuba, Iran, Sudan, and Syria—even 

7 though under U.S. law these countries are subject to 

8 sanctions.’’. 

9 (6) The GAO report also found that 

10 ‘‘[t]ogether, [Cuba, Iran, Sudan, and Syria] received 

11 more than $55 million in TC assistance from 1997 

12 through 2007’’. These four countries have received 

13 continued assistance since 2007. 

14 (7) The GAO report also found that ‘‘prolifera15 tion concerns about the [Technical Cooperation Pro16 gram] have persisted because of the assistance it has 

17 provided to certain countries and because nuclear 

18 equipment, technology, and expertise can be dual19 use—capable of serving peaceful purposes . . . but 

20 also useful in contributing to nuclear weapons devel21 opment.’’. 

22 (8) The GAO report also found that ‘‘[the De23 partment of State] reported in 2007 that three TC 

24 projects in [Iran] were directly related to the Iranian 

25 nuclear power plant at Bushehr’’. 


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1 (9) The GAO report also found, ‘‘The prolifera2 tion concerns associated with the [Technical Co3 operation Program] are difficult for the United 

4 States to fully identify, assess, and resolve . . . [be5 cause] there is no formal mechanism for obtaining 

6 TC project information during the proposal develop7 ment phase . . . [l]imited [Department of] State 

8 documentation on how proliferation concerns of TC 

9 proposals were resolved . . . [and s]hortcomings in 

10 U.S. policies and IAEA procedures [including moni11 toring proliferation risks] related to TC program fel12 lowships.’’. 

13 (10) The GAO report noted that ‘‘IAEA offi14 cials told us that the [Technical Cooperation Pro15 gram] does not attempt to exclude countries on the 

16 basis of their status as U.S.-designated state spon17 sors of terrorism or other political considerations,’’ 

18 and that, according to the Deputy Director General 

19 for the Technical Cooperation Program, ‘‘there are 

20 no good countries and there are no bad countries’’ 

21 with respect to provision of technical cooperation by 

22 the IAEA. 

23 (11) The GAO report also found that ‘‘given 

24 the limited information available on TC projects and 

25 the dual-use nature of some nuclear technologies and 


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1 expertise, we do not believe [the Department of 

2 State] can assert with complete confidence that TC 

3 assistance has not advanced [weapons of mass de4 struction] programs in U.S.-designated state spon5 sors of terrorism’’. 

6 (12) The GAO report also found that ‘‘the GAO 

7 did not share the Department of State’s confidence 

8 in IAEA’s internal safeguards to prevent TC 

9 projects from contributing to weapons development’’. 

10 (13) The Foreign Assistance Act of 1961 (22 

11 U.S.C. 2151 et seq.) prohibits any of the funds au12 thorized to be appropriated for ‘‘International Orga13 nizations and Programs’’ from being made available 

14 for the United States proportionate share for pro15 grams for Libya, Iran, Cuba, or the Palestine Lib16 eration Organization, inter alia. 

17 (14) The Foreign Operations, Export Financ18 ing, and Related Programs Appropriations Act, 

19 1998 (Public Law 105–118) prohibits any of the 

20 funds made available by such Act for the IAEA from 

21 being made available for programs and projects of 

22 the IAEA in Cuba. 

23 (15) The Foreign Affairs Reform and Restruc24 turing Act of 1998 (division G Public Law 105–277) 

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1 tionate share of funding to the IAEA for projects in 

2 Cuba regarding the Juragua Nuclear Power Plant 

3 and the Pedro Pi Nuclear Research Center. 

4 (16) The GAO report described in paragraph 

5 (5) asked Congress ‘‘to consider directing [the De6 partment of State] to withhold a share of future an7 nual contributions to the [Technical Cooperation 

8 Fund] that is proportionate to the amount of fund9 ing provided from the fund for U.S.-designated state 

10 sponsors of terrorism and other countries of concern, 

11 noting that such a withholding is a matter of funda12 mental principle and intended to foster a more con13 sistent U.S. policy toward such nations’’. 

14 (17) The IAEA has repeatedly reported that 

15 the Government of Iran continues its work on heavy 

16 water-related projects and its enrichment of ura17 nium, in violation of United Nations Security Coun18 cil Resolutions 1696 (2006), 1737 (2006), 1747 

19 (2007), 1803 (2008), 1835 (2008), and 1929 

20 (2010). 

21 (18) United Nations Security Council Resolu22 tion 1737 (2006) decided ‘‘that technical cooperation 

23 provided to Iran by the IAEA or under its auspices 

24 shall only be for food, agricultural, medical, safety or 

25 other humanitarian purposes [inter alia] . . . but 


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1 that no such technical cooperation shall be provided 

2 that relates to . . . proliferation sensitive nuclear 

3 activities . . . .’’. 

4 (19) The IAEA Director General reported to 

5 the IAEA Board of Governors on February 25, 

6 2011, that the Government of Iran now has approxi7 mately 7,000 centrifuges for enriching uranium, is 

8 running almost 5,000 of them, and has increased its 

9 stockpile of low-enriched uranium to over 3,600 kilo10 grams, considered sufficient for further enrichment 

11 into enough high-enriched uranium for more than 

12 one atomic bomb. The Government of Iran has also 

13 reportedly produced a stockpile of over 40 kilograms 

14 of uranium enriched up to 20 percent U–235. 

15 (20) The IAEA Director General has repeatedly 

16 reported to the IAEA Board of Governors, including 

17 in his report of February 25, 2011, about the ‘‘out18 standing issues related to possible military dimen19 sions to Iran’s nuclear programme’’. 

20 (21) The IAEA Director General has repeatedly 

21 reported to the IAEA Board of Governors, including 

22 in his report of February 25, 2011, that ‘‘the 

23 [IAEA] remains concerned about the possible exist24 ence in Iran of past or current undisclosed nuclear 

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1 tions, including activities related to the development 

2 of a nuclear payload for a missile’’. 

3 (22) The IAEA Director General has repeatedly 

4 reported to the IAEA Board of Governors, including 

5 in his report of February 19, 2009, that ‘‘Iran has 

6 not implemented the Additional Protocol, which is a 

7 prerequisite for [the IAEA] to provide credible as8 surance about the absence of undeclared nuclear ma9 terial and activities. Nor has [Iran] agreed to [the 

10 IAEA’s] request that Iran provide, as a trans11 parency measure, access to additional locations re12 lated, inter alia, to the manufacturing of centrifuges, 

13 research and development on uranium enrichment, 

14 and uranium mining and milling, as also required by 

15 the Security Council.’’. 

16 (23) The IAEA Director General has repeatedly 

17 reported to the IAEA Board of Governors, including 

18 in his report of February 19, 2009, that ‘‘as a result 

19 of the continued lack of cooperation by Iran in con20 nection with . . . issues which give rise to concerns 

21 about possible military dimensions of Iran’s nuclear 

22 programme, [the IAEA] has made no substantive 

23 progress on these issues.’’. 

24 (24) Iran has refused to comply with resolu25 tions adopted by the IAEA Board of Governors on 


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1 September 12, 2003, November 26, 2003, March 15, 

2 2004, June 18, 2004, November 29, 2004, August 

3 11, 2005, September 24, 2005, February 4, 2006, 

4 and July 31, 2006, regarding ‘‘Iran’s many failures 

5 and breaches of its obligations to comply with its 

6 NPT Safeguards Agreement’’ and continues to block 

7 IAEA inspections of its nuclear facilities, in violation 

8 of its NPT Safeguards Agreement. 

9 (25) In April 2008, United States Government 

10 officials publicly revealed that Syria was building at 

11 the Dair Alzour site, with assistance from the Gov12 ernment of North Korea, a secret nuclear reactor 

13 that was based on a North Korean model capable of 

14 producing plutonium for nuclear weapons and that 

15 was weeks away from becoming operational before 

16 an Israeli air strike reportedly destroyed the reactor 

17 in September 2007. 

18 (26) On April 28, 2008, General Michael Hay19 den, the former Director of the Central Intelligence 

20 Agency, stated that the Syrian reactor at Dair 

21 Alzour could have produced enough plutonium for 1 

22 or 2 bombs within a year of becoming operational. 

23 (27) The IAEA Director General reported to 

24 the IAEA Board of Governors on November 19, 

25 2008, that the Syrian facility at Dair Alzour bore 


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1 features that resembled those of an undeclared nu2 clear reactor, adding that ‘‘Syria has not yet pro3 vided the requested documentation in support of its 

4 declarations concerning the nature or function of the 

5 destroyed building, nor agreed to a visit to the three 

6 other locations which the IAEA has requested to 

7 visit’’. 

8 (28) The IAEA Director General publicly stated 

9 to the IAEA Board of Governors, on June 15, 2009, 

10 that ‘‘the limited information and access provided by 

11 Syria to date have not enabled the Agency to deter12 mine the nature of the destroyed facility’’ at Dair 

13 Alzour site, that uranium particles have been found 

14 in samples taken from a second site, the Miniature 

15 Neutron Source Reactor facility in Damascus, and 

16 that the particles found at both sites ‘‘are of a type 

17 not included in Syria’s declared inventory of nuclear 

18 material’’. 

19 (29) Commercial satellite photos published on 

20 February 23, 2011, indicate efforts by the Govern21 ment of Syria to conceal its activities at an addi22 tional site, Marj as Sultan, which may be connected 

23 to the Dair Alzour facility. 

24 (30) The IAEA Director General reported to 

25 the IAEA Board of Governors on February 25, 


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1 2011, that ‘‘Syria has not cooperated with the 

2 [IAEA] since June 2008 in connection with the un3 resolved issues related to the Dair Alzour site and 

4 the other three locations allegedly functionally re5 lated to it. As a consequences, the [IAEA] has not 

6 been able to make progress towards resolving the 

7 outstanding issues related to those sites.’’. 

8 (b) IN GENERAL.—No funds from any United States 

9 assessed or voluntary contribution to the IAEA may be 

10 used to support any assistance provided by the IAEA 

11 through its Technical Cooperation program to any coun12 try, including North Korea that— 

13 (1) is a country the government of which has 

14 been determined by the Secretary, for purposes of 

15 section 6(j) of the Export Administration Act of 

16 1979, section 620A of the Foreign Assistance Act of 

17 1961, section 40 of the Arms Export Control Act, 

18 or other provision of law, is a government that has 

19 repeatedly provided support for acts of international 

20 terrorism; 

21 (2) is in breach of or noncompliance with its 

22 obligations regarding— 

23 (A) its safeguards agreement with the 

24 IAEA; 

25 (B) the Additional Protocol; 


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1 (C) the Nuclear Non-Proliferation Treaty; 

2 (D) any relevant United Nations Security 

3 Council Resolution; or 

4 (E) the Charter of the United Nations; or 

5 (3) is under investigation for a breach of or 

6 noncompliance with the obligations specified in para7 graph (2). 

8 (c) WITHHOLDING OF VOLUNTARY CONTRIBU9 TIONS.—Not later than 30 days after the date of the en10 actment of this Act, the Secretary shall withhold from the 

11 United States voluntary contribution to the IAEA an 

12 amount proportional to that spent by the IAEA in the pe13 riod from 2007 to 2008 on assistance through its Tech14 nical Cooperation Program to countries described in sub15 section (b). 

16 (d) WITHHOLDING OF ASSESSED CONTRIBUTIONS.— 

17 If, not later than 30 days of the date of the enactment 

18 of this Act, the amount specified in subsection (c) has not 

19 been withheld and the IAEA has not suspended all assist20 ance provided through its Technical Cooperation Program 

21 to the countries described in subsection (b), an amount 

22 equal to that specified in subsection (c) shall be withheld 

23 from the United States assessed contribution to the IAEA. 

24 (e) WAIVER.—The provisions in subsections (c) and 

25 (d) may be waived if— 


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1 (1) the IAEA has suspended all assistance pro2 vided through its Technical Cooperation Program to 

3 the countries described in subsection (b); or 

4 (2) the President certifies that the countries de5 scribed in subsection (b) no longer pose a threat to 

6 the national security, interests, and allies of the 

7 United States. 

8 (f) UNITED STATES ACTIONS AT IAEA.—The Presi9 dent shall direct the United States Permanent Represent10 ative to the IAEA to use the voice, vote, and influence 

11 of the United States at the IAEA to block the allocation 

12 of funds for any assistance provided by the IAEA through 

13 its Technical Cooperation Program to any country de14 scribed in subsection (b). 

15 (g) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, the President shall transmit 

17 to the appropriate congressional committees a report on 

18 the implementation of this section. 

19 SEC. 902. UNITED STATES POLICY AT THE IAEA. 

20 (a) ENFORCEMENT AND COMPLIANCE.— 

21 (1) OFFICE OF COMPLIANCE.— 

22 (A) ESTABLISHMENT.—The President 

23 shall direct the United States Permanent Rep24 resentative to International Atomic Energy 

25 Agency (IAEA) to use the voice, vote, and influVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 ence of the United States at the IAEA to estab2 lish an Office of Compliance in the Secretariat 

3 of the IAEA. 

4 (B) OPERATION.—The Office of Compli5 ance shall— 

6 (i) function as an independent body 

7 composed of technical experts who shall 

8 work in consultation with IAEA inspectors 

9 to assess compliance by IAEA Member 

10 States and provide recommendations to the 

11 IAEA Board of Governors concerning pen12 alties to be imposed on IAEA Member 

13 States that fail to fulfill their obligations 

14 under IAEA Board resolutions; 

15 (ii) base its assessments and rec16 ommendations on IAEA inspection reports; 

17 and 

18 (iii) take into consideration informa19 tion provided by IAEA Board Members 

20 that are 1 of the 5 nuclear weapons states 

21 as recognized by the Treaty on the Non22 Proliferation of Nuclear Weapons (21 UST 

23 483) (commonly referred to as the ‘‘Nu24 clear Nonproliferation Treaty’’ or the 

25 ‘‘NPT’’). 


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1 (C) STAFFING.—The Office of Compliance 

2 shall be staffed from existing personnel in the 

3 Department of Safeguards of the IAEA or the 

4 Department of Nuclear Safety and Security of 

5 the IAEA. 

6 (2) COMMITTEE ON SAFEGUARDS AND

7 VERIFICATION.—The President shall direct the 

8 United States Permanent Representative to the 

9 IAEA to use the voice, vote, and influence of the 

10 United States at the IAEA to ensure that the Com11 mittee on Safeguards and Verification established in 

12 2005 shall develop and seek to put into force a 

13 workplan of concrete measures that will— 

14 (A) improve the ability of the IAEA to 

15 monitor and enforce compliance by Member 

16 States of the IAEA with the Nuclear Non17 proliferation Treaty and the Statute of the 

18 International Atomic Energy Agency; and 

19 (B) enhance the ability of the IAEA, be20 yond the verification mechanisms and authori21 ties contained in the Additional Protocol to the 

22 Safeguards Agreements between the IAEA and 

23 Member States of the IAEA, to detect with a 

24 high degree of confidence undeclared nuclear 

25 activities by a Member State. 


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1 (3) PENALTIES WITH RESPECT TO THE IAEA.— 

2 (A) IN GENERAL.—The President shall di3 rect the United States Permanent Representa4 tive to the IAEA to use the voice, vote, and in5 fluence of the United States at the IAEA to en6 sure that a Member State of the IAEA that is 

7 under investigation for a breach of or non8 compliance with its IAEA obligations or the 

9 purposes and principles of the Charter of the 

10 United Nations has its privileges suspended, in11 cluding— 

12 (i) limiting its ability to vote on its 

13 case; 

14 (ii) being prevented from receiving 

15 any technical assistance; and 

16 (iii) being prevented from hosting 

17 meetings. 

18 (B) TERMINATION OF PENALTIES.—The 

19 penalties specified under subparagraph (A) 

20 shall be terminated when such investigation is 

21 concluded and such Member State is no longer 

22 in such breach or noncompliance. 

23 (4) PENALTIES WITH RESPECT TO THE NU24 CLEAR NONPROLIFERATION TREATY.—The Presi25 dent shall direct the United States Permanent RepVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 resentative to the IAEA to use the voice, vote, and 

2 influence of the United States at the IAEA to en3 sure that a Member State of the IAEA that is found 

4 to be in breach of, in noncompliance with, or has 

5 withdrawn from the Nuclear Nonproliferation Treaty 

6 shall return to the IAEA all nuclear materials and 

7 technology received from the IAEA, any Member 

8 State of the IAEA, or any Member State of the Nu9 clear Nonproliferation Treaty. 

10 (b) UNITED STATES CONTRIBUTIONS.— 

11 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

12 contributions of the United States to the IAEA 

13 should primarily be used to fund activities relating 

14 to nuclear safety and security or activities relating 

15 to nuclear verification. 

16 (2) LIMITATION ON USE OF FUNDS.—The 

17 President shall direct the United States Permanent 

18 Representative to the IAEA to use the voice, vote, 

19 and influence of the United States at the IAEA to— 

20 (A) ensure that funds for safeguards in21 spections are prioritized for countries that have 

22 newly established nuclear programs or are initi23 ating nuclear programs; and 

24 (B) block the allocation of funds for any 

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1 clear science assistance or activity to a coun2 try— 

3 (i) the government of which the Sec4 retary has determined, for purposes of sec5 tion 6(j) of the Export Administration Act 

6 of 1979, section 620A of the Foreign As7 sistance Act of 1961, section 40 of the 

8 Arms Export Control Act, or other provi9 sion of law, is a government that has re10 peatedly provided support for acts of inter11 national terrorism and the government of 

12 which the Secretary has determined has 

13 not dismantled and surrendered its weap14 ons of mass destruction programs under 

15 international verification; 

16 (ii) that is under investigation for a 

17 breach of or noncompliance with its IAEA 

18 obligations or the purposes and principles 

19 of the Charter of the United Nations; or 

20 (iii) that is in violation of its IAEA 

21 obligations or the purposes and principles 

22 of the Charter of the United Nations. 

23 (3) DETAIL OF EXPENDITURES.—The Presi24 dent shall direct the United States Permanent Rep25 resentative to the IAEA to use the voice, vote, and 


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1 influence of the United States at the IAEA to se2 cure, as part of the regular budget presentation of 

3 the IAEA to Member States of the IAEA, a detailed 

4 breakdown by country of expenditures of the IAEA 

5 for safeguards inspections and nuclear security ac6 tivities. 

7 (c) MEMBERSHIP.— 

8 (1) IN GENERAL.—The President shall direct 

9 the United States Permanent Representative to the 

10 IAEA to use the voice, vote, and influence of the 

11 United States at the IAEA to block the membership 

12 on the Board of Governors of the IAEA for a Mem13 ber State of the IAEA that has not signed and rati14 fied the Additional Protocol and— 

15 (A) is under investigation for a breach of 

16 or noncompliance with its IAEA obligations or 

17 the purposes and principles of the Charter of 

18 the United Nations; or 

19 (B) that is in violation of its IAEA obliga20 tions or the purposes and principles of the 

21 Charter of the United Nations. 

22 (2) CRITERIA.—The United States Permanent 

23 Representative to the IAEA shall make every effort 

24 to modify the criteria for Board membership to re25 flect the principles described in paragraph (1). 


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1 (d) SMALL QUANTITIES PROTOCOL.—The President 

2 shall direct the United States Permanent Representative 

3 to the IAEA to use the voice, vote, and influence of the 

4 United States at the IAEA to make every effort to ensure 

5 that the IAEA changes the policy regarding the Small 

6 Quantities Protocol in order to— 

7 (1) rescind and eliminate the Small Quantities 

8 Protocol; 

9 (2) require that any IAEA Member State that 

10 has previously signed a Small Quantities Protocol to 

11 sign, ratify, and implement the Additional Protocol, 

12 provide immediate access for IAEA inspectors to its 

13 nuclear-related facilities, and agree to the strongest 

14 inspections regime of its nuclear efforts; and 

15 (3) require that any IAEA Member State that 

16 does not comply with paragraph (2) to be ineligible 

17 to receive nuclear material, technology, equipment, 

18 or assistance from any IAEA Member State and 

19 subject to the penalties described in subsection 

20 (a)(3). 

21 (e) NUCLEAR PROGRAM OF IRAN.— 

22 (1) UNITED STATES ACTION.—The President 

23 shall direct the United States Permanent Represent24 ative to the IAEA to use the voice, vote, and influ25 ence of the United States at the IAEA to make 


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1 every effort to ensure the adoption of a resolution by 

2 the IAEA Board of Governors that, in addition to 

3 the restrictions already imposed, makes Iran ineli4 gible to receive any nuclear material, technology, 

5 equipment, or assistance from any IAEA Member 

6 State and ineligible for any IAEA assistance not re7 lated to safeguards inspections or nuclear security 

8 until the IAEA Board of Governors determines that 

9 Iran— 

10 (A) is providing full access to IAEA in11 spectors to its nuclear-related facilities; 

12 (B) has fully implemented and is in com13 pliance with the Additional Protocol; and 

14 (C) has permanently ceased and disman15 tled all activities and programs related to nu16 clear-enrichment and reprocessing. 

17 (2) PENALTIES.—If an IAEA Member State is 

18 determined to have violated the prohibition on as19 sistance to Iran described in paragraph (1) before 

20 the IAEA Board of Governors determines that Iran 

21 has satisfied the conditions described in subpara22 graphs (A) through (C) of such paragraph, such 

23 Member State shall be subject to the penalties de24 scribed in subsection (a)(3), shall be ineligible to re25 ceive nuclear material, technology, equipment, or asVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 sistance from any IAEA Member State, and shall be 

2 ineligible to receive any IAEA assistance not related 

3 to safeguards inspections or nuclear security until 

4 such time as the IAEA Board of Governors makes 

5 such determination with respect to Iran. 

6 (f) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, and annually for 2 years 

8 thereafter, the President shall submit to the appropriate 

9 congressional committees a report on the implementation 

10 of this section. 

11 SEC. 903. SENSE OF CONGRESS REGARDING THE NUCLEAR 

12 SECURITY ACTION PLAN OF THE IAEA. 

13 It is the sense of Congress that the national security 

14 interests of the United States are enhanced by the Nuclear 

15 Security Action Plan of the IAEA and the Board of Gov16 ernors should recommend, and the General Conference 

17 should adopt, a resolution incorporating the Nuclear Secu18 rity Action Plan into the regular budget of the IAEA. 

19 TITLE X—PEACEKEEPING 

20 SEC. 1001. REFORM OF UNITED NATIONS PEACEKEEPING 

21 OPERATIONS. 

22 It is the sense of Congress that— 

23 (1) although United Nations peacekeeping oper24 ations have contributed greatly toward the pro25 motion of peace and stability for over 6 decades and 


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1 the majority of peacekeeping personnel who have 

2 served under the United Nations flag have done so 

3 with honor and courage, the record of United Na4 tions peacekeeping has been severely tarnished by 

5 operational failures and unconscionable acts of mis6 conduct; 

7 (2) in response to such failures, successive Sec8 retaries General of the United Nations have 

9 launched numerous reform efforts, including the 

10 high-level Panel on United Nations Peace Oper11 ations, led by former Foreign Minister of Algeria 

12 Lakhdar Brahimi, the 2005 report by the Special 

13 Advisor on the Prevention of Sexual Exploitation 

14 and Abuse, His Royal Highness Prince Zeid Ra’ad 

15 Zeid Al-Hussein of Jordan, and the 2009 New Part16 nership Agenda, known as the ‘‘New Horizon’’ re17 ports; 

18 (3) despite the fact that the United Nations has 

19 had over a decade to implement many of these re20 forms, nearly four years to implement the reforms in 

21 the Zeid Report, and the fact that Secretary-General 

22 Ban Ki-Moon, his predecessor Kofi Annan, and the 

23 Special Committee on Peacekeeping Operations re24 peatedly have expressed their commitment ‘‘to imple25 menting fundamental, systematic changes as a matVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 ter of urgency,’’ a number of critical reforms con2 tinue to be blocked or delayed by Members States 

3 who arguably benefit from maintenance of the status 

4 quo; 

5 (4) further, audits of procurement practices in 

6 the Department of Peacekeeping Operations, con7 ducted by the Office of Internal Oversight Services, 

8 and the now-defunct United Nations Procurement 

9 Task Force have uncovered ‘‘significant’’ corruption 

10 schemes and criminal acts by United Nations peace11 keeping personnel; and 

12 (5) if the reputation of and confidence in 

13 United Nations peacekeeping operations is to be re14 stored, fundamental and far-reaching reforms, par15 ticularly in the areas of planning, management, pro16 curement, training, conduct, and discipline, must be 

17 implemented without further delay. 

18 SEC. 1002. POLICY RELATING TO REFORM OF UNITED NA19 TIONS PEACEKEEPING OPERATIONS. 

20 It shall be the policy of the United States to pursue 

21 reform of United Nations peacekeeping operations in the 

22 following areas: 

23 (1) PLANNING AND MANAGEMENT.— 

24 (A) GLOBAL AUDIT.—As the size, cost, 

25 and number of United Nations peacekeeping 


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1 operations have increased substantially over the 

2 past decade, independent audits of each such 

3 operation should be conducted annually, with a 

4 view toward ‘‘right-sizing’’ operations and en5 suring that all operations are efficient and cost 

6 effective. 

7 (B) PROCUREMENT AND TRANS8 PARENCY.—The logistics established within the 

9 United Nations Department of Field Support 

10 should be streamlined and strengthened to en11 sure that all peacekeeping missions are 

12 resourced appropriately, transparently, and in a 

13 timely fashion while individual accountability 

14 for waste, fraud, and abuse within United Na15 tions peacekeeping missions is uniformly en16 forced. 

17 (C) REVIEW OF MANDATES AND CLOSING

18 OPERATIONS.—In conjunction with the audit 

19 described in subparagraph (A), the United Na20 tions Department of Peacekeeping Operations 

21 should conduct a comprehensive review of all 

22 United Nations peacekeeping operation man23 dates, with a view toward identifying objectives 

24 that are practical and achievable, and report its 


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1 findings to the Security Council. In particular, 

2 the review should consider the following: 

3 (i) Except in extraordinary cases, in4 cluding genocide, the United Nations De5 partment of Peacekeeping Operations 

6 should not be tasked with activities that 

7 are impractical or unachievable without the 

8 cooperation of the Member State(s) 

9 hosting a United Nations peacekeeping op10 eration, or which amount to de-facto trust11 eeship outside of the procedures estab12 lished for such under Chapter XII of the 

13 United Nations Charter, thereby creating 

14 unrealistic expectations and obfuscating 

15 the primary responsibility of the Member 

16 States themselves in creating and main17 taining conditions for peace. 

18 (ii) Long-standing operations that are 

19 static and cannot fulfill their mandate 

20 should be downsized or closed. 

21 (iii) Where there is legitimate concern 

22 that the withdrawal from a country of an 

23 otherwise static United Nations peace24 keeping operation would result in the re25 sumption of major conflict, a burden-sharVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 ing arrangement that reduces the level of 

2 assessed contributions, similar to that cur3 rently supporting the United Nations 

4 Peacekeeping Force in Cyprus, should be 

5 explored and instituted. 

6 (D) LEADERSHIP.—As peacekeeping oper7 ations become larger and increasingly complex, 

8 the Secretariat should adopt a minimum stand9 ard of qualifications for senior leaders and 

10 managers, with particular emphasis on specific 

11 skills and experience, and current senior leaders 

12 and managers who do not meet those standards 

13 should be removed. 

14 (E) PRE-DEPLOYMENT TRAINING.—Pre-de15 ployment training on interpretation of the man16 date of the operation, specifically in the areas 

17 of use of force, civilian protection and field con18 ditions, the Code of Conduct, HIV/AIDS, and 

19 human rights should be mandatory, and all per20 sonnel, regardless of category or rank, should 

21 be required to sign an oath that each has re22 ceived and understands such training as a con23 dition of participation in the operation. 

24 (F) GRATIS MILITARY PERSONNEL.—The 

25 General Assembly should seek to strengthen the 


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1 capacity the United Nations Department of 

2 Peacekeeping Operations and ease the extraor3 dinary burden currently placed upon the limited 

4 number of headquarters staff by lifting restric5 tions on the utilization of gratis military per6 sonnel by the Department so that the Depart7 ment may accept secondments from Member 

8 States of military personnel with expertise in 

9 mission planning, logistics, and other oper10 ational specialties. 

11 (2) CONDUCT AND DISCIPLINE.— 

12 (A) ADOPTION OF A UNIFORM CODE OF

13 CONDUCT.—A single, uniform Code of Conduct 

14 that has the status of a binding rule and ap15 plies equally to all personnel serving in United 

16 Nations peacekeeping operations, regardless of 

17 category or rank, including military personnel, 

18 should be adopted and incorporated into legal 

19 documents governing participation in such an 

20 operation, including all contracts and Memoran21 dums of Understanding, promulgated and effec22 tively enforced. 

23 (B) UNDERSTANDING THE CODE OF CON24 DUCT.—All personnel, regardless of category or 

25 rank, should receive training on the Code of 


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1 Conduct prior to deployment with a peace2 keeping operation, in addition to periodic fol3 low-on training. In particular— 

4 (i) all personnel, regardless of cat5 egory or rank, should be provided with a 

6 personal copy of the Code of Conduct that 

7 has been translated into the national lan8 guage of such personnel, regardless of 

9 whether such language is an official lan10 guage of the United Nations; 

11 (ii) all personnel, regardless of cat12 egory or rank, should sign an oath that 

13 each has received a copy of the Code of 

14 Conduct, that each pledges to abide by the 

15 Code of Conduct, and that each under16 stands the consequences of violating the 

17 Code of Conduct, including immediate ter18 mination of participation in and permanent 

19 exclusion from all current and future 

20 peacekeeping operations, as well as the as21 sumption of personal liability and victims 

22 compensation, where appropriate, as a con23 dition of appointment to any such oper24 ation; and 


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1 (iii) peacekeeping operations should 

2 continue and enhance educational outreach 

3 programs to reach local communities where 

4 peacekeeping personnel of such operations 

5 are based, including explaining prohibited 

6 acts on the part of United Nations peace7 keeping personnel and identifying the indi8 vidual to whom the local population may 

9 direct complaints or file allegations of ex10 ploitation, abuse, or other acts of mis11 conduct. 

12 (C) MONITORING MECHANISMS.—Dedi13 cated monitoring mechanisms, such as the Con14 duct and Discipline Teams already deployed to 

15 support United Nations peacekeeping oper16 ations in Haiti, Sudan, Kosovo, Liberia, Leb17 anon, Timor Leste, Cote d’Ivoire, Western Sa18 hara, and the Democratic Republic of Congo, 

19 should be present in each operation to monitor 

20 compliance with the Code of Conduct, and 

21 should report simultaneously to the Head of 

22 Mission, the United Nations Department of 

23 Field Support, the United Nations Department 

24 of Peacekeeping Operations, and the Associate 


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1 Director of the Office of Internal Oversight 

2 Services for Peacekeeping Operations. 

3 (D) INVESTIGATIONS.—A permanent, pro4 fessional, and independent investigative body 

5 should be established and introduced into 

6 United Nations peacekeeping operations. In 

7 particular— 

8 (i) The investigative body should in9 clude professionals with experience in in10 vestigating sex crimes and the illegal ex11 ploitation of resources, as appropriate, as 

12 well as experts who can provide guidance 

13 on standards of proof and evidentiary re14 quirements necessary for any subsequent 

15 legal action. 

16 (ii) Provisions should be included in 

17 all Memorandums of Understanding, in18 cluding a Model Memorandum of Under19 standing, that obligate Member States that 

20 contribute troops to a peacekeeping oper21 ation to designate a military prosecutor 

22 who will participate in any investigation 

23 into credible allegations of misconduct 

24 brought against an individual of such 

25 Member State, so that evidence is collected 


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1 and preserved in a manner consistent with 

2 the military law of such Member State. 

3 (iii) The investigative body should be 

4 regionally based to ensure rapid deploy5 ment and should be equipped with modern 

6 forensics equipment for the purpose of 

7 positively identifying perpetrators and, 

8 where necessary, for determining paternity. 

9 (iv) The investigative body should re10 port directly to the Associate Director of 

11 the Office of Internal Oversight Services 

12 for Peacekeeping Operations, while pro13 viding copies of any reports to the Depart14 ment of Field Support, the Department of 

15 Peacekeeping Operations, the Head of Mis16 sion, and the Member State concerned. 

17 (E) FOLLOW-UP.—The Conduct and Dis18 cipline Unit in the headquarters of the United 

19 Nations Department of Field Support should be 

20 appropriately staffed, resourced, and tasked 

21 with— 

22 (i) promulgating measures to prevent 

23 misconduct; 


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1 (ii) receiving reports by field per2 sonnel and coordinating the Department’s 

3 response to allegations of misconduct; 

4 (iii) gathering follow-up information 

5 on completed investigations, particularly by 

6 focusing on disciplinary actions against the 

7 individual concerned taken by the United 

8 Nations or by the Member State that is 

9 contributing troops to which such indi10 vidual belongs, and sharing such informa11 tion with the Security Council, the Depart12 ment of Peacekeeping Operations, the 

13 Head of Mission, and the community 

14 hosting the peacekeeping operation; and 

15 (iv) contributing pertinent data on 

16 conduct and discipline to the database re17 quired pursuant to subparagraph (H). 

18 (F) FINANCIAL LIABILITY AND VICTIMS

19 ASSISTANCE.—Although peacekeeping oper20 ations should provide immediate medical assist21 ance to victims of sexual abuse or exploitation, 

22 the responsibility for providing longer-term 

23 treatment, care, or restitution lies solely with 

24 the individual found guilty of the misconduct. 

25 In particular: 


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1 (i) The United Nations should not as2 sume responsibility for providing long-term 

3 treatment or compensation under the Sex4 ual Exploitation and Abuse Victim Assist5 ance Mechanism by utilizing assessed con6 tributions to United Nations peacekeeping 

7 operations, thereby shielding individuals 

8 from personal liability and reinforcing an 

9 atmosphere of impunity. 

10 (ii) If an individual responsible for 

11 misconduct has been repatriated, reas12 signed, redeployed, or is otherwise unable 

13 to provide assistance, responsibility for 

14 providing assistance to a victim should be 

15 assigned to the Member State that contrib16 uted the contingent to which such indi17 vidual belonged or to the manager con18 cerned. 

19 (iii) In the case of misconduct by a 

20 member of a military contingent, appro21 priate funds shall be withheld from the 

22 troop contributing country concerned. 

23 (iv) In the case of misconduct by a ci24 vilian employee or contractor of the United 

25 Nations, appropriate wages shall be garVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 nished from such individual or fines shall 

2 be imposed against such individual, con3 sistent with existing United Nations Staff 

4 Rules, and retirement funds shall not be 

5 shielded from liability. 

6 (G) MANAGERS AND COMMANDERS.—The 

7 manner in which managers and commanders 

8 handle cases of misconduct by those serving 

9 under them should be included in their indi10 vidual performance evaluations, so that man11 agers and commanders who take decisive action 

12 to deter and address misconduct are rewarded, 

13 while those who create a permissive environ14 ment or impede investigations are penalized or 

15 relieved of duty, as appropriate. 

16 (H) DATABASE.—A centralized database, 

17 including personnel photos, fingerprints, and bi18 ometric data, should be created and maintained 

19 within the United Nations Department of 

20 Peacekeeping Operations, the Department of 

21 Field Support, and other relevant United Na22 tions bodies without further delay to track cases 

23 of misconduct, including the outcome of inves24 tigations and subsequent prosecutions, to en25 sure that personnel who have engaged in misVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 conduct or other criminal activities, regardless 

2 of category or rank, are permanently barred 

3 from participation in future peacekeeping oper4 ations. 

5 (I) COOPERATION OF MEMBER STATES.— 

6 If a Member State routinely refuses to cooper7 ate with the directives contained herein or acts 

8 to shield its nationals from personal liability, 

9 that Member State should be barred from con10 tributing troops or personnel to future peace11 keeping operations. 

12 (J) WELFARE.—Peacekeeping operations 

13 should continue to seek to maintain a minimum 

14 standard of welfare for mission personnel to 

15 ameliorate conditions of service, while adjust16 ments are made to the discretionary welfare 

17 payments currently provided to Member States 

18 that contribute troops to offset the cost of oper19 ation-provided recreational facilities, as nec20 essary and appropriate. 

21 SEC. 1003. CERTIFICATION. 

22 (a) NEW OR EXPANDED PEACEKEEPING OPER23 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI24 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 


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1 (1) NO NEW OR EXPANDED PEACEKEEPING OP2 ERATIONS.— 

3 (A) CERTIFICATION.—Except as provided 

4 in subparagraph (B), until the Secretary cer5 tifies that the requirements described in para6 graph (2) have been satisfied, the President 

7 shall direct the United States Permanent Rep8 resentative to the United Nations to use the 

9 voice, vote, and influence of the United States 

10 at the United Nations to oppose the creation of 

11 new, or expansion of existing, United Nations 

12 peacekeeping operations. 

13 (B) EXCEPTION AND NOTIFICATION.—The 

14 requirements described under paragraph (2) 

15 may be waived with respect to a particular 

16 peacekeeping operation if the President deter17 mines that failure to deploy new or additional 

18 peacekeepers in such situation will significantly 

19 contribute to the widespread loss of human life, 

20 genocide, or the endangerment of a vital na21 tional security interest of the United States. If 

22 the President makes such a determination, the 

23 President shall, not later than 15 days before 

24 the exercise of such waiver, notify the approVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 priate congressional committees of such deter2 mination and resulting waiver. 

3 (2) CERTIFICATION OF PEACEKEEPING OPER4 ATIONS REFORMS.—The certification referred to in 

5 paragraph (1) is a certification made by the Sec6 retary to the appropriate congressional committees 

7 that the following reforms, or an equivalent set of 

8 reforms, related to peacekeeping operations have 

9 been adopted by the United Nations Department of 

10 Peacekeeping Operations or the General Assembly, 

11 as appropriate: 

12 (A) A single, uniform Code of Conduct 

13 that has the status of a binding rule and ap14 plies equally to all personnel serving in United 

15 Nations peacekeeping operations, regardless of 

16 category or rank, has been adopted by the Gen17 eral Assembly and duly incorporated into all 

18 contracts and a Model Memorandum of Under19 standing, and mechanisms have been estab20 lished for training such personnel concerning 

21 the requirements of the Code and enforcement 

22 of the Code. 

23 (B) All personnel, regardless of category or 

24 rank, serving in a peacekeeping operation have 

25 been trained concerning the requirements of the 


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1 Code of Conduct and each has been given a per2 sonal copy of the Code, translated into the na3 tional language of such personnel. 

4 (C) All personnel, regardless of category or 

5 rank, are required to sign an oath that each has 

6 received a copy of the Code of Conduct, that 

7 each pledges to abide by the Code, and that 

8 each understands the consequences of violating 

9 the Code, including immediate termination of 

10 participation in and permanent exclusion from 

11 all current and future peacekeeping operations, 

12 as well as the assumption of personal liability 

13 for victims compensation as a condition of the 

14 appointment to such operation. 

15 (D) All peacekeeping operations have de16 signed and implemented educational outreach 

17 programs to reach local communities where 

18 peacekeeping personnel of such operations are 

19 based to explain prohibited acts on the part of 

20 United Nations peacekeeping personnel and to 

21 identify the individual to whom the local popu22 lation may direct complaints or file allegations 

23 of exploitation, abuse, or other acts of mis24 conduct. 


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1 (E) The creation of a centralized database, 

2 including personnel photos, fingerprints, and bi3 ometric data, has been completed and is being 

4 maintained in the United Nations Department 

5 of Peacekeeping Operations that tracks cases of 

6 misconduct, including the outcomes of inves7 tigations and subsequent prosecutions, to en8 sure that personnel, regardless of category or 

9 rank, who have engaged in misconduct or other 

10 criminal activities are permanently barred from 

11 participation in future peacekeeping operations. 

12 (F) A Model Memorandum of Under13 standing between the United Nations and each 

14 Member State that contributes troops to a 

15 peacekeeping operation has been adopted by the 

16 United Nations Department of Peacekeeping 

17 Operations that specifically obligates each such 

18 Member State to— 

19 (i) uphold the uniform Code of Con20 duct which shall apply equally to all per21 sonnel serving in United Nations peace22 keeping operations, regardless of category 

23 or rank; 

24 (ii) designate a competent legal au25 thority, preferably a prosecutor with experVerDate Mar 15 2010 18:09 Nov 16, 2011 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S1848.IS S1848

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1 tise in the area of sexual exploitation and 

2 abuse where appropriate, to participate in 

3 any investigation into an allegation of mis4 conduct brought against an individual of 

5 such Member State; 

6 (iii) refer to its competent national or 

7 military authority for possible prosecution, 

8 if warranted, any investigation of a viola9 tion of the Code of Conduct or other crimi10 nal activity by an individual of such Mem11 ber State; 

12 (iv) report to the Department of Field 

13 Support and the Department of Peace14 keeping Operations on the outcome of any 

15 such investigation; 

16 (v) undertake to conduct on-site court 

17 martial proceedings, where practical and 

18 appropriate, relating to allegations of mis19 conduct alleged against an individual of 

20 such Member State; and 

21 (vi) assume responsibility for the pro22 vision of appropriate assistance to a victim 

23 of misconduct committed by an individual 

24 of such Member State. 


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1 (G) A professional and independent inves2 tigative and audit function has been established 

3 within the United Nations Department of 

4 Peacekeeping Operations and the Office of In5 ternal Oversight Services to monitor United 

6 Nations peacekeeping operations. 

Æ 


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