II 

115TH CONGRESS 

1ST SESSION S. 169 

To counter anti-Semitism at the United Nations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 17, 2017 

Mr. RUBIO (for himself and Mr. COTTON) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To counter anti-Semitism at the United Nations, 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 ‘‘Countering Anti-Semitism and Anti-Israel Activities at 

6 the United Nations Act of 2017’’. 

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

8 as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Anti-Semitism and the United Nations. 

Sec. 4. Reform of United Nations Human Rights Council. 

Sec. 5. United States contributions to the United Nations Relief and Works 

Agency for Palestine Refugees in the Near East. 


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Sec. 6. Report on United States contributions to the United Nations and to 

countries seeking to implement UN Security Council Resolution 2334. 

Sec. 7. Report to Congress on voting practices in the United Nations. 

Sec. 8. Report on anti-Semitic and anti-Israeli activity at the United Nations 

and its agencies. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

6 (A) the Committee on Foreign Relations of 

7 the Senate; 

8 (B) the Committee on Appropriations of 

9 the Senate; 

10 (C) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; 

12 (D) the Committee on Foreign Affairs of 

13 the House of Representatives; 

14 (E) the Committee on Appropriations of 

15 the House of Representatives; and 

16 (F) the Committee on Oversight and Gov17 ernment Reform of the House of Representa18 tives. 

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

20 an individual who is employed in the general serv21 ices, professional staff, or senior management of the 


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1 United Nations, including consultants, contractors, 

2 and subcontractors. 

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

4 Assembly’’ means the General Assembly of the 

5 United Nations. 

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

7 State’’ means a Member State of the United Na8 tions. Such term is synonymous with the term 

9 ‘‘country’’. 

10 (5) REFUGEE.—The term ‘‘refugee’’ has the 

11 meaning given the term in section 101(a)(42) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1101(a)(42)). 

14 (6) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of State. 

16 (7) SECRETARY-GENERAL.—The term ‘‘Sec17 retary-General’’ means the Secretary-General of the 

18 United Nations. 

19 (8) SECURITY COUNCIL.—The term ‘‘Security 

20 Council’’ means the Security Council of the United 

21 Nations. 

22 (9) UNITED NATIONS ENTITY.—The term 

23 ‘‘United Nations entity’’ means any United Nations 

24 agency, commission, conference, council, court, de25 partment, forum, fund, institute, office, organizaVerDate Sep 11 2014 03:53 Jan 28, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S169.IS S169

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1 tion, partnership, program, subsidiary body, tri2 bunal, trust, university or academic body, related or3 ganization or subsidiary body, wherever located, that 

4 flies the United Nations flag or is authorized to use 

5 the United Nations logo, including but not limited to 

6 those United Nations affiliated agencies and bodies 

7 identified as recipients of United States contribu8 tions under section 1225(b)(3)(E) of the John War9 ner National Defense Authorization Act for Fiscal 

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

11 (10) 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). 

23 SEC. 3. ANTI-SEMITISM AND THE UNITED NATIONS. 

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

25 United States Permanent Representative to the United 


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

2 States at the United Nations to make every effort— 

3 (1) to ensure the issuance and implementation 

4 of a directive by the Secretary-General or the Secre5 tariat, as appropriate, that— 

6 (A) requires all employees of the United 

7 Nations and its specialized agencies to officially 

8 and publicly condemn anti-Semitic statements 

9 made at any session of the United Nations or 

10 its specialized agencies, or at any other session 

11 sponsored by the United Nations; 

12 (B) requires employees of the United Na13 tions and its specialized agencies, programs, 

14 and funds to be subject to punitive action, in15 cluding immediate dismissal, for making anti16 Semitic statements or references; 

17 (C) proposes specific recommendations to 

18 the General Assembly for the establishment of 

19 mechanisms to hold accountable employees and 

20 officials of the United Nations and its special21 ized agencies, programs, and funds, or Member 

22 States, that make such anti-Semitic statements 

23 or references in any forum of the United Na24 tions or of its specialized agencies; 


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1 (D) continues to develop and implement 

2 education awareness programs about the Holo3 caust and anti-Semitism throughout the world 

4 as part of an effort to combat intolerance and 

5 hatred; and 

6 (E) requires the Office of the United Na7 tions High Commissioner for Human Rights 

8 (OHCHR) to develop programming and other 

9 measures that address anti-Semitism; 

10 (2) to secure the adoption of a resolution by the 

11 General Assembly that establishes the mechanisms 

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

13 (3) to continue working toward further reduc14 tion of anti-Semitism in the United Nations and its 

15 specialized agencies, programs, and funds. 

16 (b) WITHHOLDING OF FUNDS.—Notwithstanding 

17 any other provision of law, of the amounts appropriated 

18 or otherwise made available for the United Nations and 

19 its affiliated agencies under the heading ‘‘Contributions 

20 for International Organizations’’ for fiscal year 2017 and 

21 each fiscal year thereafter, no amounts may be obligated 

22 or expended until the President certifies to the appropriate 

23 congressional committees that no United Nations agency 

24 or United Nations affiliated agency grants any official sta25 tus, accreditation, or recognition to any organization 


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1 which promotes or condones anti-Semitism, or which in2 cludes any such organization as a subsidiary or member. 

3 Amounts appropriated in a fiscal year for use as a United 

4 States contribution to the United Nations, but withheld 

5 from obligation and expenditure pursuant to this sub6 section, shall revert to the United States Treasury at the 

7 end of such fiscal year and shall not be considered arrears 

8 to be repaid to any United Nations entity. 

9 (c) UNITED STATES POLICY REGARDING UNITED

10 NATIONS SECURITY COUNCIL RESOLUTION 2334.— 

11 (1) FINDINGS.—Congress makes the following 

12 findings: 

13 (A) Clause 10 of section 8 of Article I of 

14 the Constitution of the United States reserves 

15 to Congress the power ‘‘To define and punish 

16 . . . Offenses against the Law of Nations’’. 

17 (B) United Nations Security Council Reso18 lution 2334, adopted on December 23, 2016, 

19 seeks to reaffirm that ‘‘the establishment by 

20 Israel of settlements in the Palestinian territory 

21 occupied since 1967, including East Jerusalem 

22 . . . constitutes a flagrant violation under 

23 international law’’. 


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1 (C) Congress has never included the build2 ing of such settlements in the definition of an 

3 Offence against the Law of Nations. 

4 (2) POLICY.—It shall be the policy of the 

5 United States— 

6 (A) to reject the premise in United Na7 tions Security Council Resolution 2334 that the 

8 establishment by Israel of settlements in the 

9 Palestinian territory occupied since 1967 con10 stitutes a violation of international law; 

11 (B) to affirm that the establishment by 

12 Israel of settlements in the Palestinian territory 

13 occupied since 1967, including East Jerusalem, 

14 does not constitute an Offence against the Law 

15 of Nations, as defined by Congress; and 

16 (C) to prohibit United States funding of 

17 any United Nations entity that attempts to en18 force United Nations Security Council Resolu19 tion 2334. 

20 SEC. 4. REFORM OF UNITED NATIONS HUMAN RIGHTS 

21 COUNCIL. 

22 (a) IN GENERAL.—Until the Secretary submits, to 

23 the appropriate congressional committees, a certification 

24 that the requirements described in subsection (b) have 

25 been satisfied— 


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1 (1) the United States contribution to the reg2 ular budget of the United Nations shall be reduced 

3 by an amount equal to the percentage of such con4 tribution that the Secretary determines would be al5 located by the United Nations to support the United 

6 Nations Human Rights Council or any of its special 

7 procedures; 

8 (2) the Secretary shall not make a voluntary 

9 contribution to the United Nations Human Rights 

10 Council; and 

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

12 on the United Nations Human Rights Council. 

13 (b) CERTIFICATION.—The annual certification re14 ferred to in subsection (a) is a certification made by the 

15 Secretary to Congress that the agenda of the United Na16 tions Human Rights Council does not include a permanent 

17 item related to the State of Israel or the Palestinian terri18 tories. 

19 (c) REVERSION OF FUNDS.—Amounts appropriated 

20 and available for a United States contribution to the 

21 United Nations, but withheld from obligation and expendi22 ture pursuant to this section shall immediately revert to 

23 the United States Treasury. The United States Govern24 ment shall not consider such amounts to be arrears to be 

25 repaid to any United Nations entity. 


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1 SEC. 5. UNITED STATES CONTRIBUTIONS TO THE UNITED 

2 NATIONS RELIEF AND WORKS AGENCY FOR 

3 PALESTINE REFUGEES IN THE NEAR EAST. 

4 (a) IN GENERAL.—Section 301(c) of the Foreign As5 sistance Act of 1961 (22 U.S.C. 2221(c)) is amended to 

6 read as follows: 

7 ‘‘(c) PALESTINE REFUGEES; CONSIDERATIONS AND

8 CONDITIONS FOR FURNISHING ASSISTANCE.—The United 

9 States may not provide contributions to the United Na10 tions Relief and Works Agency for Palestine Refugees in 

11 the Near East (UNRWA) for programs in the West Bank 

12 and Gaza, a successor entity or any related entity, or to 

13 the regular budget of the United Nations for the support 

14 of UNRWA or a successor entity for programs in the West 

15 Bank and Gaza, until the Secretary certifies to the appro16 priate congressional committees (as defined in section 

17 226) that— 

18 ‘‘(1) no official, employee, consultant, con19 tractor, subcontractor, representative, or affiliate of 

20 UNRWA— 

21 ‘‘(A) is a member of Hamas or any United 

22 States-designated terrorist group; or 

23 ‘‘(B) has propagated, disseminated, or in24 cited anti-Israel, or anti-Semitic rhetoric or 

25 propaganda; 


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1 ‘‘(2) no UNRWA school, hospital, clinic, other 

2 facility, or other infrastructure or resource is being 

3 used by Hamas or an affiliated group for operations, 

4 planning, training, recruitment, fundraising, indoc5 trination, communications, sanctuary, storage of 

6 weapons or other materials, or any other purposes; 

7 ‘‘(3) UNRWA is subject to comprehensive fi8 nancial audits by an internationally recognized third 

9 party independent auditing firm and has imple10 mented an effective system of vetting and oversight 

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

12 UNRWA resources by Hamas or any United States13 designated terrorist group, or their members; and 

14 ‘‘(4) no recipient of UNRWA funds or loans is 

15 a member of Hamas or any United States-des16 ignated terrorist group.’’. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the President and the Secretary should lead 

20 a high-level diplomatic effort to encourage other re21 sponsible nations to withhold contributions to the 

22 United Nations Relief and Works Agency for Pal23 estine Refugees in the Near East (referred to in this 

24 section as ‘‘UNRWA’’) to any successor or related 

25 entity, or to the regular budget of the United NaVerDate Sep 11 2014 03:53 Jan 28, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S169.IS S169

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1 tions for the support of UNRWA or a successor en2 tity (through staff positions provided by the United 

3 Nations Secretariat, or otherwise) until UNRWA 

4 has met the conditions listed in subparagraphs (A) 

5 through (F) of section 301(c) of the Foreign Assist6 ance Act of 1961, as added by subsection (a); 

7 (2) citizens of recognized states should be re8 moved from UNRWA’s jurisdiction; 

9 (3) UNRWA’s definition of a ‘‘Palestine ref10 ugee’’ should be changed to that used for a refugee 

11 by the Office of the United Nations High Commis12 sioner for Refugees; and 

13 (4) it should be the goal of the United States 

14 to eliminate UNRWA and give the Office of the 

15 United Nations High Commissioner for Refugees 

16 full responsibility for Palestine refugees (as defined 

17 by the Office of the United Nations High Commis18 sioner for Refugees). 

19 (c) REPORT.—The Secretary of State shall— 

20 (1)(A) fulfill the reporting requirement relating 

21 to the United Nations Relief and Works Agency 

22 under the Protracted Refugee Situations subheading 

23 in Senate Report 112–172, as referenced under the 

24 Migration and Refugee Assistance heading in Senate 

25 Report 113–81 and Senate Report 113–195; and 


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1 (B) publish an unclassified version of the report 

2 not later than 60 days after the date of the enact3 ment of this Act; or 

4 (2) if the Secretary is unable to fulfill the re5 quirement under paragraph (1), submit a written 

6 justification to the Committee on Foreign Relations 

7 of the Senate and the Committee on Foreign Affairs 

8 of the House of Representatives that describes the 

9 specific reasons why such requirement cannot be 

10 met. 

11 SEC. 6. REPORT ON UNITED STATES CONTRIBUTIONS TO 

12 THE UNITED NATIONS AND TO COUNTRIES 

13 SEEKING TO IMPLEMENT UN SECURITY 

14 COUNCIL RESOLUTION 2334. 

15 (a) IN GENERAL.—Not later than 90 days after the 

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

17 the Director of the Office of Management and Budget 

18 shall submit a report to Congress that— 

19 (1) details all assessed and voluntary United 

20 States contributions, including in-kind contributions, 

21 to the United Nations and its affiliated agencies and 

22 related bodies during the previous fiscal year; and 

23 (2) identifies the United States assistance pro24 vided during the previous fiscal year to countries 


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1 that are actively seeking to implement United Na2 tions Security Council Resolution 2334. 

3 (b) CONTENT.—The report required under subsection 

4 (a) shall include— 

5 (1) the total amount of assessed and voluntary 

6 United States contributions, including in-kind con7 tributions, to the United Nations and United Na8 tions affiliated agencies and related bodies; 

9 (2) the approximate percentage of United 

10 States contributions to each United Nations affili11 ated agency or body in such fiscal year compared to 

12 all contributions to such agency or body from any 

13 source in such fiscal year; 

14 (3) for each such contribution— 

15 (A) the amount of the contribution; 

16 (B) a description of the contribution (in17 cluding whether assessed or voluntary); 

18 (C) the department or agency of the 

19 United States Government responsible for the 

20 contribution; 

21 (D) the purpose of the contribution; and 

22 (E) the United Nations or United Nations 

23 affiliated agency or related body receiving the 

24 contribution; and 


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1 (4) for each country that is actively seeking to 

2 implement United Nations Security Council Resolu3 tion 2334, the total amount of assistance provided 

4 by the United States Government during the pre5 vious fiscal year. 

6 (c) PUBLIC AVAILABILITY OF INFORMATION.—Not 

7 later than 14 days after submitting each report required 

8 under subsection (a), the Director of the Office of Man9 agement and Budget shall post a public version of the re10 port on a text-based, searchable, and publicly available 

11 Internet website. 

12 SEC. 7. REPORT TO CONGRESS ON VOTING PRACTICES IN 

13 THE UNITED NATIONS. 

14 Section 406(b) of the Foreign Relations Authoriza15 tion Act, Fiscal Years 1990 and 1991 (22 U.S.C. 

16 2414a(b)) is amended— 

17 (1) in paragraph (5), by striking ‘‘; and’’ and 

18 inserting ‘‘, including a separate section detailing 

19 the voting records of each member country on reso20 lutions that condemn the Government of Israel;’’ 

21 (2) in paragraph (6), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(7) a table detailing the amount of direct 

25 United States foreign assistance provided to each 


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1 member country alongside the voting comparison de2 scribed in paragraph (5).’’. 

3 SEC. 8. REPORT ON ANTI-SEMITIC AND ANTI-ISRAELI AC4 TIVITY AT THE UNITED NATIONS AND ITS 

5 AGENCIES. 

6 Not later than 180 days after the date of the enact7 ment of this Act, and annually thereafter, the Secretary 

8 shall submit a report to the appropriate congressional 

9 committees that describes— 

10 (1) all activities at the United Nations and its 

11 subagencies that can be construed to exhibit an anti12 Israel or anti-Semitic bias, including official state13 ments, proposed resolutions, and United Nations in14 vestigations; 

15 (2) the use of United Nations resources to pro16 mote anti-Semitic or anti-Israel views, including 

17 publications, Internet websites, and textbooks or 

18 other educational materials used to propagate or dis19 seminate political materials, including political rhet20 oric regarding the Israeli-Palestinian conflict; 

21 (3) the propagation, dissemination, or incite22 ment of anti-Israel or anti-Semitic rhetoric or propa23 ganda at the United Nations; and 

24 (4) specific actions taken by the United States 

25 Government to address the instances of anti-Israel 


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1 or anti-Semitic activity at the United Nations de2 scribed under paragraphs (1) through (3). 

Æ 


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