II 

113TH CONGRESS 

2D SESSION S. 2766 

To combat terrorism and promote reform in the Palestinian Authority and 

the United Nations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2014 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To combat terrorism and promote reform in the Palestinian 

Authority and 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. 

4 This Act may be cited as the ‘‘Palestinian and United 

5 Nations Anti-Terrorism Act of 2014’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) On April 23, 2014, representatives of the 

9 Palestinian Liberation Organization and Hamas, a 


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1 designated terrorist organization, signed an agree2 ment to form a government of national consensus. 

3 (2) On June 2, 2014, Palestinian President 

4 Mahmoud Abbas announced a unity government as 

5 a result of the April 23, 2014, agreement. 

6 (3) United States law requires that any Pales7 tinian government that ‘‘includes Hamas as a mem8 ber’’, or over which Hamas exercises ‘‘undue influ9 ence’’, only receive United States assistance if cer10 tain certifications are made to Congress. 

11 (4) The President has taken the position that 

12 the current Palestinian government does not include 

13 members of Hamas or is influenced by Hamas and 

14 has thus not made the certifications required under 

15 current law. 

16 (5) The leadership of the Palestinian Authority 

17 has failed to completely denounce and distance itself 

18 from Hamas’ campaign of terrorism against Israel. 

19 (6) President Abbas has refused to dissolve the 

20 power-sharing agreement with Hamas even as more 

21 than 2,300 rockets have targeted Israel since July 2, 

22 2014. 

23 (7) President Abbas and other Palestinian Au24 thority officials have failed to condemn Hamas’ exVerDate Mar 15 2010 03:45 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2766.IS S2766

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1 tensive use of the Palestinian people as human 

2 shields. 

3 (8) The Israeli Defense Forces have gone to un4 precedented lengths for a modern military to limit 

5 civilian casualties. 

6 (9) On July 23, 2014, the United Nations 

7 Human Rights Council adopted a one-sided resolu8 tion criticizing Israel’s ongoing military operations 

9 in Gaza. 

10 (10) The United Nations Human Rights Coun11 cil has a long history of taking anti-Israel actions 

12 while ignoring the widespread and egregious human 

13 rights violations of many other countries, including 

14 some of its own members. 

15 (11) On July 16, 2014, officials of the United 

16 Nations Relief and Works Agency for Palestine Ref17 ugees in the Near East (UNRWA) discovered 20 

18 rockets in one of the organization’s schools in Gaza, 

19 before returning the weapons to local Palestinian of20 ficials rather than dismantling them. 

21 (12) On multiple occasions during the conflict 

22 in Gaza, Hamas has used the facilities and the areas 

23 surrounding UNRWA locations to store weapons, 

24 harbor their fighters, and conduct attacks. 


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1 SEC. 3. DECLARATION OF POLICY. 

2 It shall be the policy of the United States— 

3 (1) to deny United States assistance to any en4 tity or international organization that harbors or col5 laborates with Hamas, a designated terrorist organi6 zation, until Hamas agrees to recognize Israel, re7 nounces violence, disarms, and accepts prior Israeli8 Palestinian agreements; 

9 (2) to seek a negotiated settlement of this con10 flict only under the condition that Hamas and any 

11 United States-designated terrorist groups are re12 quired to entirely disarm; and 

13 (3) to continue to provide security assistance to 

14 the Government of Israel to assist its efforts to de15 fend its territory and people from rockets, missiles, 

16 and other threats. 

17 SEC. 4. RESTRICTIONS ON AID TO THE PALESTINIAN AU18 THORITY. 

19 For purposes of section 620K of the Foreign Assist20 ance Act of 1961 (22 U.S.C. 2378b), any power-sharing 

21 government, including the current government, formed in 

22 connection with the agreement signed on April 23, 2014, 

23 between the Palestinian Liberation Organization and 

24 Hamas is considered a ‘‘Hamas-controlled Palestinian Au25 thority’’. 


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1 SEC. 5. REFORM OF UNITED NATIONS HUMAN RIGHTS 

2 COUNCIL. 

3 (a) IN GENERAL.—Until the Secretary of State sub4 mits to the appropriate congressional committees a certifi5 cation that the requirements described in subsection (b) 

6 have been satisfied— 

7 (1) the United States contribution to the reg8 ular budget of the United Nations shall be reduced 

9 by an amount equal to the percentage of such con10 tribution that the Secretary determines would be al11 located by the United Nations to support the United 

12 Nations Human Rights Council or any of its Special 

13 Procedures; 

14 (2) the Secretary shall not make a voluntary 

15 contribution to the United Nations Human Rights 

16 Council; and 

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

18 on the United Nations Human Rights Council. 

19 (b) CERTIFICATION.—The annual certification re20 ferred to in subsection (a) is a certification made by the 

21 Secretary of State to Congress that the United Nations 

22 Human Rights Council’s agenda does not include a perma23 nent item related to the State of Israel or the Palestinian 

24 territories. 

25 (c) REVERSION OF FUNDS.—Funds appropriated and 

26 available for a United States contribution to the United 


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1 Nations but withheld from obligation and expenditure pur2 suant to this section shall immediately revert to the 

3 United States Treasury and the United States Govern4 ment shall not consider them arrears to be repaid to any 

5 United Nations entity. 

6 SEC. 6. UNITED STATES CONTRIBUTIONS TO THE UNITED 

7 NATIONS RELIEF AND WORKS AGENCY FOR 

8 PALESTINE REFUGEES IN THE NEAR EAST 

9 (UNRWA). 

10 Section 301(c) of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2221(c)) is amended to read as follows: 

12 ‘‘(c) PALESTINE REFUGEES; CONSIDERATIONS AND

13 CONDITIONS FOR FURNISHING ASSISTANCE.— 

14 ‘‘(1) IN GENERAL.—No contributions by the 

15 United States to the United Nations Relief and 

16 Works Agency for Palestine Refugees in the Near 

17 East (UNRWA) for programs in the West Bank and 

18 Gaza, a successor entity or any related entity, or to 

19 the regular budget of the United Nations for the 

20 support of UNRWA or a successor entity for pro21 grams in the West Bank and Gaza, may be provided 

22 until the Secretary certifies to the appropriate con23 gressional committees that— 


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1 ‘‘(A) no official, employee, consultant, con2 tractor, subcontractor, representative, or affil3 iate of UNRWA— 

4 ‘‘(i) is a member of Hamas or any 

5 United States-designated terrorist group; 

6 or 

7 ‘‘(ii) has propagated, disseminated, or 

8 incited anti-Israel, or anti-Semitic rhetoric 

9 or propaganda; 

10 ‘‘(B) no UNRWA school, hospital, clinic, 

11 other facility, or other infrastructure or re12 source is being used by Hamas or an affiliated 

13 group for operations, planning, training, re14 cruitment, fundraising, indoctrination, commu15 nications, sanctuary, storage of weapons or 

16 other materials, or any other purposes; 

17 ‘‘(C) UNRWA is subject to comprehensive 

18 financial audits by an internationally recognized 

19 third party independent auditing firm and has 

20 implemented an effective system of vetting and 

21 oversight to prevent the use, receipt, or diver22 sion of any UNRWA resources by Hamas or 

23 any United States-designated terrorist group, 

24 or their members; and 


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1 ‘‘(D) no recipient of UNRWA funds or 

2 loans is a member of Hamas or any United 

3 States-designated terrorist group. 

4 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES DEFINED.—In this subsection, the term ‘ap6 propriate congressional committees’ means— 

7 ‘‘(A) the Committees on Foreign Relations, 

8 Appropriations, and Homeland Security and 

9 Governmental Affairs of the Senate; and 

10 ‘‘(B) the Committees on Foreign Affairs, 

11 Appropriations, and Oversight and Government 

12 Reform of the House of Representatives.’’. 

13 SEC. 7. ISRAELI SECURITY ASSISTANCE. 

14 The equivalent amount of all United States contribu15 tions withheld from the Palestinian Authority, the United 

16 Nations Human Rights Council, and the United Nations 

17 Relief and Works Agency for Palestine Refugees in the 

18 Near East under this Act is authorized to be provided to— 

19 (1) the Government of Israel for the Iron Dome 

20 missile defense system and other missile defense pro21 grams; and 

22 (2) underground warfare training and tech23 nology and assistance to identify and deter tunneling 

24 from Palestinian-controlled territories into Israel. 

Æ 


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