administered preparatory process for the 2009 Dur-
ban Review Conference. 
SEC. 3. SENSE OF CONGRESS; STATEMENT OF POLICY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the 2009 Durban Review Conference, like 
its 2001 predecessor and the preparatory activities 
of both conferences, was subverted by members of 
the Organization of the Islamic Conference and irre-
deemably distorted into a forum for anti-Israel, anti- 
Semitic, and anti-freedom activity; 
(2) by publicly declaring that the United States 
would not participate in the Durban Review Con-
ference, the President upheld and reaffirmed the 
fundamental commitment of the United States to 
combating racism, racial discrimination, xenophobia, 
and related intolerance, and should be commended 
for his decision not to participate; and 
(3) the Governments of Canada, Israel, Italy, 
Germany, the Netherlands, Poland, Australia, New 
Zealand, and the Czech Republic should be com-
mended for their decision to not participate or cease 
participation in the Durban Review Conference. 
(b) STATEMENT OF POLICY.—It shall be the policy 
of the United States to— 
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(1) lead a high-level diplomatic effort to encour-
age other responsible countries to not fund any por-
tion of the Durban Review Conference or its pre-
paratory or follow-on activities, and to withhold from 
their respective contributions to the regularly as-
sessed biennial budget of the United Nations an 
amount that is equal to the percentage of such re-
spective contributions that they determine would be 
or has been allocated by the United Nations for any 
part of the Durban Review Conference or its pre-
paratory or follow-on activities; and 
(2) lead a high-level diplomatic effort to explore 
credible, alternative forums for combating racism, 
racial discrimination, xenophobia, and related intol-
erance. 
SEC. 4. WITHHOLDING OF FUNDS; REFUND OF UNITED 
STATES TAXPAYER DOLLARS. 
(a) 
WITHHOLDING
OF
PREVIOUSLY-EXPENDED 
FUNDS.—The Secretary of State shall withhold from the 
United States contribution to the regularly assessed bien-
nial budget of the United Nations an amount that is equal 
to the percentage of such contribution that the Secretary 
determines would be or has been allocated by the United 
Nations for any part of the Durban Review Conference 
or its preparatory or follow-on activities. 
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(b) WITHHOLDING OF FUNDS TO BE EXPENDED IN 
THE FUTURE.—Until the Secretary of State submits to 
the appropriate congressional committees a certification, 
on a case-by-case basis, that the requirements described 
in subsection (d) have been satisfied, the United States 
shall withhold from the United States contribution to the 
regularly assessed biennial budget of the United Nations 
an amount that is equal to the percentage of such con-
tribution that the Secretary determines has been allocated 
by the United Nations for any conference or other multi-
lateral forum, or the preparatory or follow-on activities of 
any conference or other multilateral forum, that is orga-
nized under the aegis or jurisdiction of the United Nations 
or of any program, agency, or affiliate of the United Na-
tions. 
(c) REFUND OF UNITED STATES TAXPAYER DOL-
LARS.—Funds appropriated for use as a United States 
contribution to the regularly assessed biennial budget of 
the United Nations but withheld from obligation and ex-
penditure pursuant to subsection (a) or (b) may be obli-
gated and expended for that purpose upon the certification 
described in subsection (d). Such funds shall revert to the 
United States Treasury if no such certification is made 
by the date that is one year after such appropriation. 
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(d) CERTIFICATION.—The certification referred to in 
subsection (b) is a certification made by the Secretary of 
State to the appropriate congressional committees con-
cerning the following: 
(1) The specified conference or forum did not 
reaffirm the Durban Declaration and Plan of Action 
(2001) or the outcome document of the Durban Re-
view Conference (2009). 
(2) The specified conference or forum was not 
used to single out the United States or the State of 
Israel for unfair or unbalanced criticism. 
(3) The specified conference or forum was not 
used to propagate racism, racial discrimination, anti- 
Semitism, denial of the Holocaust, incitement to vio-
lence or genocide, xenophobia, or related intolerance. 
(4) The specified conference or forum was not 
used to advocate for restrictions on the freedoms of 
speech, expression, religion, the press, assembly, or 
petition, or for restrictions on other fundamental 
human rights and freedoms. 
(5) The leadership of the specified conference 
or forum does not include a Member State, or a rep-
resentative from a Member State— 
(A) subject to sanctions by the Security 
Council; 
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(B) under a Security Council-mandated in-
vestigation for human rights abuses; or 
(C) the government of which the Secretary 
of State has determined, for purposes of section 
6(j) of the Export Administration Act of 1979 
(as continued in effect pursuant to the Inter-
national Emergency Economic Powers Act), 
section 40 of the Arms Export Control Act, sec-
tion 620A of the Foreign Assistance Act of 
1961, or other provision of law, is a government 
that has repeatedly provided support for acts of 
international terrorism. 
(e) DEFINITION.—In this Act, the term ‘‘appropriate 
congressional committees’’ means— 
(1) the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives; and 
(2) the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate. 
Æ 
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