tions regular budget an amount equivalent to the 
United States share of the United Nations Human 
Rights Council budget, including its share of the 
Council-administered preparatory process for Dur-
ban II. 
SEC. 702. SENSE OF CONGRESS; STATEMENT OF POLICY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Durban I, Durban II, and Durban III 
conferences, and their preparatory and follow-on ac-
tivities, were subverted by members of the Organiza-
tion of the Islamic Conference and irredeemably dis-
torted into a forum for anti-Israel, anti-Semitic, and 
anti-freedom activity; 
(2) by walking out of the Durban I conference, 
and by not participating in the Durban II con-
ference, and announcing that it would not partici-
pate in the Durban III meeting, the United States 
Government upheld and reaffirmed the fundamental 
commitment of the United States to combating rac-
ism, racial discrimination, xenophobia, and related 
intolerance; 
(3) the Governments of Canada, Israel, Italy, 
Germany, the Netherlands, Poland, Australia, New 
Zealand, and the Czech Republic should be com-
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mended for their decision to not participate or cease 
participation in the Durban II conference; 
(4) the Governments of Australia, Austria, Bul-
garia, Canada, the Czech Republic, France, Ger-
many, Israel, Italy, Latvia, the Netherlands, Italy, 
New Zealand, Poland, and the United Kingdom 
should be commended for their decision to not par-
ticipate in Durban III; and 
(5) the Administration should expeditiously and 
unequivocally announce that it will not participate 
in, support, or legitimize any part of the Durban 
process. 
(b) STATEMENT OF POLICY.—It shall be the policy 
of the United States to— 
(1) lead a high-level diplomatic effort to encour-
age other responsible countries— 
(A) not to participate in, support, legiti-
mize, or fund any part of the Durban process, 
and 
(B) to withhold from their respective con-
tributions to the regularly assessed biennial 
budget of the United Nations an amount that 
is equal to the percentage of such respective 
contributions that they determine would be or 
has been allocated by the United Nations for 
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any part of the Durban III meeting or its pre-
paratory or follow-on activities, or for any other 
part of the Durban process; and 
(2) lead a high-level diplomatic effort to explore 
credible, alternative forums for combating racism, 
racial discrimination, xenophobia, and related intol-
erance. 
SEC. 703. NON-PARTICIPATION IN THE DURBAN PROCESS. 
None of the funds made available in any provision 
of law may be used for United States participation in any 
part of the Durban process. 
SEC. 704. WITHHOLDING OF FUNDS; REFUND OF UNITED 
STATES TAXPAYER DOLLARS. 
(a) WITHHOLDING OF FUNDS FOR THE DURBAN 
PROCESS.—The Secretary of State shall withhold from the 
United States contribution to the regular 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 expended by the United Nations for any 
part of the Durban I or Durban II conferences, the Dur-
ban III meeting, their preparatory or follow-on activities, 
or any other part of the Durban process, including— 
(1) the ‘‘public information campaign for the 
commemoration of the tenth anniversary of the 
adoption of the Durban Declaration and Programme 
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of Action’’ requested by United Nations General As-
sembly Resolution A.RES/65/240; 
(2) the Intergovernmental Working Group on 
the Effective Implementation of the Durban Dec-
laration and Programme of Action; 
(3) the ‘‘group of independent eminent experts 
on the implementation of the Durban Declaration 
and Programme of Action’’; and 
(4) the Ad Hoc Committee on the Elaboration 
of Complementary Standards. 
(b) WITHHOLDING OF FUNDS FOR OTHER BIASED 
AND COMPROMISED ACTIVITIES.—Until the Secretary of 
State submits to the appropriate congressional committees 
a certification, on a case-by-case basis, that the require-
ments described in subsection (d) have been satisfied, the 
United States shall withhold from the United States con-
tribution to the regular budget of the United Nations an 
amount that is equal to the percentage of such contribu-
tion that the Secretary determines has been allocated by 
the United Nations for any conference, meeting, or other 
multilateral forum, or the preparatory or follow-on activi-
ties of any conference, meeting, or other multilateral 
forum, that is organized under the aegis or jurisdiction 
of the United Nations or of any United Nations Entity. 
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(c) REFUND OF UNITED STATES TAXPAYER DOL-
LARS.— 
(1) IN GENERAL.—Funds appropriated for use 
as a United States contribution to the regular budg-
et of the United Nations but withheld from obliga-
tion and expenditure pursuant to subsection (a) 
shall immediately revert to the United States Treas-
ury and shall not be considered arrears to be repaid 
to any United Nations Entity. 
(2) ALLOWANCE.—Funds appropriated for use 
as a United States contribution to the regularly as-
sessed biennial budget of the United Nations but 
withheld from obligation and expenditure pursuant 
to subsection (b) may be obligated and expended for 
that purpose upon the certification described in sub-
section (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, 
and shall not be considered arrears to be repaid to 
any United Nations Entity. 
(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: 
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(1) The specified conference, meeting, or other 
multilateral forum did not reaffirm, call for the im-
plementation of, or otherwise support the Durban 
Declaration and Programme of Action (2001) or the 
outcome document of the Durban II conference 
(2009) or the Durban III meeting (2011). 
(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; 
(B) under a Security Council-mandated in-
vestigation for human rights abuses; or 
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(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. 
TITLE VIII—UNRWA 
SEC. 801. FINDINGS. 
Congress makes the following findings: 
(1) United Nations General Assembly Resolu-
tion 302 (1949) created the United Nations Relief 
and Works Agency for Palestine Refugees in the 
Near East (UNRWA) with the temporary, strictly 
humanitarian mandate to ‘‘carry out . . . direct re-
lief and works programmes’’ for Palestinian refu-
gees. 
(2) UNRWA has acknowledged that it is the 
‘‘only UN agency that reports directly to the UN 
General Assembly, and whose beneficiary population 
stems from one nation-group’’, and is responsible 
solely for Palestinian refugees, while the United Na-
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tions High Commissioner for Refugees (UNHCR) is 
responsible for other refugees across the world. 
(3) UNHCR’s definition of a refugee is, in ac-
cordance with the 1951 Convention Relating to the 
Status of Refugees, any person who ‘‘owing to a 
well-founded fear of being persecuted for reasons of 
race, religion, nationality, membership of a par-
ticular social group, or political opinion, is outside 
the country of his nationality, and is unable to or, 
owing to such fear, is unwilling to avail himself of 
the protection of that country . . .’’. 
(4) UNRWA’s much broader definition of a 
‘‘Palestine refugee’’ is any person, and his descend-
ants, whose ‘‘normal place of residence was [the 
former British Mandate of] Palestine during the pe-
riod 1 June 1946 to 15 May 1948 and who lost both 
home and means of livelihood as a result of the 1948 
conflict.’’. 
(5) UNRWA’s overly inclusive definition of a 
‘‘Palestine refugee’’ has resulted in an increase in 
UNRWA’s reported number of ‘‘Palestine refugees’’ 
from under 1,000,000 in 1950 to over 5,000,000 
today, encompassing multiple generations of de-
scendants of the original Palestinian refugees. 
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(6) Hundreds of thousands of ‘‘Palestine refu-
gees’’ are citizens of recognized states, including 
Jordan. 
(7) UNRWA, unlike UNHCR, does not offer 
refugees the option of resettlement and reintegration 
into their country of refuge or a third country. Ef-
forts by UN officials in the 1950s to offer resettle-
ment and reintegration as an option for Palestinian 
refugees were dropped under fierce opposition from 
Arab governments, and have not been taken up 
since. 
(8) Through its overly inclusive definition of a 
‘‘Palestine refugee’’ and its refusal to offer refugees 
the option of resettlement and reintegration, 
UNRWA contributes to the perpetuation of the suf-
fering of Palestinian refugees, who have been ex-
ploited by Arab governments and Palestinian mili-
tant groups for over six decades as a political tool 
with which to assail Israel. 
(9) Almost all of UNRWA’s almost 30,000 staff 
are Palestinian refugees themselves, presenting a 
clear conflict of interest. 
(10) UNRWA’s total annual budget, including 
its core programs, emergency activities and special 
projects, exceeds almost $1,000,000,000. 
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(11) The United States has long been the larg-
est single contributing country to UNRWA. 
(12) From 1950 to 2010, the United States has 
contributed almost $3,900,000,000 to UNRWA, in-
cluding an average of over $210,000,000 per year 
between fiscal years 2007 and 2010. 
(13) Section 301(c) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2221(c)) states that ‘‘No 
contributions by the United States shall be made to 
the United Nations Relief and Works Agency for 
Palestine Refugees in the Near East except on the 
condition that the United Nations Relief and Works 
Agency take all possible measures to assure that no 
part of the United States contribution shall be used 
to furnish assistance to any refugee who is receiving 
military training as a member of the so-called Pal-
estine Liberation Army or any other guerrilla type 
organization or who has engaged in any act of ter-
rorism.’’. 
(14) Then-Deputy Secretary of State Jacob J. 
Lew testified before the House Committee on For-
eign Affairs on May 13, 2009, that ‘‘We have the 
highest level of scrutiny in terms of UNRWA’’. 
(15) However, in contravention of United 
States law, UNRWA does not ask its personnel or 
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aid recipients if they are members of Foreign Ter-
rorist Organizations. 
(16) Even though the United States remains 
the largest single contributing country to UNRWA, 
until 2010, UNRWA did not make available its list 
of staff for screening through United States watch 
lists, including that of the Department of the Treas-
ury’s Office of Foreign Assets Control, refused a 
United States request to do so in 2005, and still 
does not do so for its list of aid recipients. 
(17) UNRWA claims that it has fulfilled its ob-
ligations under section 301(c) of the Foreign Assist-
ance Act of 1961 by screening personnel through the 
United Nations Consolidated List pursuant to 
United Nations Security Council Resolution 1267, 
but the names on that list are largely members of 
Al-Qaeda and the Taliban, not of Palestinian For-
eign Terrorist Organizations such as Hamas, 
Fatah’s al-Aqsa Martyrs’ Brigades, or Palestinian 
Islamic Jihad. 
(18) Former UNRWA commissioner-general 
Peter Hansen, stated in 2004 that ‘‘I am sure that 
there are Hamas members on the UNRWA payroll 
and I don’t see that as a crime.’’. 
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(19) A number of UNRWA personnel have been 
discovered to be affiliated with Foreign Terrorist Or-
ganizations, including, inter alia— 
(A) Issa Batran (now deceased), a com-
mander of Hamas’s al-Aqsa Martyrs’ Brigades 
and senior rocket-maker who taught at an 
UNRWA school in Gaza; 
(B) Humam Khalil Abu Mulal al-Balawi 
(now deceased), who reportedly carried out a 
homicide bombing that killed seven Americans 
and one Jordanian at Forward Operating Base 
Chapman in Afghanistan on December 30, 
2009, reportedly worked as a physician at an 
UNRWA clinic in Amman, Jordan, and had 
longstanding ties to violent Islamist extremism; 
(C) Said Siam (now deceased), a longtime 
Hamas official who eventually served as 
Hamas’s Interior Minister in Gaza, and who 
taught at an UNRWA school in Gaza; 
(D) Awad al-Qiq (now deceased), a rocket- 
builder for Palestinian Islamic Jihad who 
served as headmaster of an UNRWA school in 
Gaza; 
(E) Nahd Atallah, an UNRWA staff mem-
ber in Gaza, who was arrested, convicted, and 
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100 
sentenced to 15 years’ imprisonment by an 
Israeli military court of using his UN travel 
document to bypass Israeli checkpoints in Gaza 
in order to transport armed Palestinian mili-
tants; and 
(F) an UNRWA teacher who reportedly 
praised 
homicide 
bombers 
and 
permitted 
Hamas leader Ahmed Yassin (now deceased) to 
speak to an assembly of students at an 
UNRWA school. UNRWA did not terminate 
the teacher’s employment, instead only giving 
him a letter of censure. 
(20) UNRWA staff unions, including the teach-
ers’ union, are frequently controlled by members af-
filiated with Hamas. 
(21) Former UNRWA general counsel James 
Lindsay noted in a 2009 report that— 
(A) ‘‘UNRWA . . . obviously does not take 
‘all possible measures’ in practice’’ to assure 
that United States contributions do not provide 
assistance to any refugee with ties to Foreign 
Terrorist Organizations, in accordance with sec-
tion 301(c) of the Foreign Assistance Act of 
1961; 
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101 
(B) ‘‘UNRWA makes no attempt to weed 
out individuals who support extremist positions 
. . . UNRWA has taken very few steps to de-
tect and eliminate terrorists from the ranks of 
its staff or its beneficiaries, and no steps at all 
to prevent members of terrorist organizations, 
such as Hamas, from joining its staff.’’; 
(C) ‘‘[I]t is rare for an area staff member 
. . . to report or confirm that another staff 
member has violated rules against political 
speech, let alone exhibited ties to terrorism. Not 
surprisingly, external allegations of improper 
speech or improper use of UNRWA facilities 
are difficult to prove, as virtually no one is will-
ing to be a witness against gang members.’’; 
and 
(D) ‘‘[T]here are no formal procedures for 
deregistering or denying services to a properly 
registered refugee, no matter what he or she 
does.’’. 
(22) The late Representative Tom Lantos, in a 
May 13, 2002, letter, expressed his concern that— 
(A) ‘‘UNRWA is perpetuating, rather than 
ameliorating, the situation of Palestinian refu-
gees’’; 
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102 
(B) ‘‘UNRWA officials have . . . failed to 
prevent their camps from becoming centers of 
terrorist activity’’; and 
(C) ‘‘for too long, UNRWA has been part 
of the problem, rather than the solution, in the 
Middle East . . . UNRWA camps have fostered 
a culture of anger and dependency that under-
mines both regional peace and the well-being of 
the camps’’ inhabitants. 
(23) UNRWA has long held accounts at the 
Arab Bank and the Commercial Bank of Syria 
(CBS), financial institutions that the United States 
deems or believes to be complicit in money laun-
dering and terror financing. 
(24) The Arab Bank is reportedly at the center 
of United States investigations into how tens of mil-
lions of dollars have flowed to Palestinian groups 
that allegedly used some of those funds to pay off 
suicide bombers and their relatives, and is also re-
portedly being sued in Federal court by American 
victims of attacks in Israel, with attorneys for the 
victims accusing the bank of facilitating Acts of 
International Terrorism. 
(25) On May 11, 2004, the Department of the 
Treasury designated CBS as a financial institution 
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103 
of ‘‘primary money laundering concern’’ pursuant to 
section 311 of the USA Patriot Act, stating that 
‘‘CBS had been used by terrorists and their sympa-
thizers and acted as a conduit for the laundering of 
proceeds generated from the illicit sale of Iraqi oil’’ 
and that ‘‘numerous transactions that may be indic-
ative of terrorist financing and money laundering 
have been transferred through CBS, including two 
accounts at CBS that reference a reputed financier 
for Usama bin Laden.’’. 
(26) On August 10, 2011, the Department of 
the Treasury designated CBS, pursuant to Executive 
Order 13382, for serving as an ‘‘agent for des-
ignated Syrian and North Korean proliferators’’. 
(27) CBS is controlled by the Government of 
Syria, a State Sponsor of Terrorism. 
(28) The curriculum of UNRWA schools, which 
use the textbooks of their respective host govern-
ments or authorities, has long contained materials 
that are anti-Israel, anti-Semitic, and supportive of 
violent extremism. 
(29) As far back as over forty years ago, former 
UNRWA commissioner-general Laurence Michel-
more admitted that UNRWA schools were sup-
porting a ‘‘bitterly hostile attitude to Israel.’’. 
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