,i #aacth ,,congress #ast ,session ,h4 ,r4 #caee ,,in ,,the ,,house ,,of ,,representatives ,september #ai1 #bjac,ms4 ,ros-,lehtinen introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to promote transparency1 accountability1 and reform within the ,united ,nations system1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,united ,nations ,transparency1 ,accountability1 and ,reform ,act of #bjac4 7b7 ,table of contents ,the table of contents is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,title ,i--,,funding ,,of ,,the ,,united ,n,a,t,i,o,n,s,sec4 #aja4 ,findings4,sec4 #ajb4 ,apportionment of the ,united ,nations regular budget on a voluntary basis4,sec4 #ajc4 ,budget justification for ,united ,states contributions to the regular budget of the ,united ,nations4,sec4 #ajd4 ,report on ,united ,nations reform4,title ,,ii--,,transparency ,,and ,,accountability ,,for ,,united ,,states ,,contributions ,,to ,,the ,,united ,n,a,t,i,o,n,s,sec4 #bja4 ,findings4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,oversight of ,united ,states contributions to the ,united ,nations ,system4,sec4 #bjd4 ,transparency for ,united ,states contributions4,sec4 #bje4 ,integrity for ,united ,states contributions4,sec4 #bjf4 ,refund of monies owed by the ,united ,nations to the ,united ,states4,sec4 #bjg4 ,annual reports on ,united ,states contributions to the ,united ,nations4,sec4 #bjh4 ,report on ,united ,nations procurement practices4,title ,,iii--,,united ,,states ,,policy ,,at ,,the ,,united ,n,a,t,i,o,n,s,sec4 #cja4 ,annual publication4,sec4 #cjb4 ,annual financial disclosure4,sec4 #cjc4 ,policy with respect to expansion of the ,security ,council4,sec4 #cjd4 ,access to reports and audits4,sec4 #cje4 ,waiver of immunity4,sec4 #cjf4 ,terrorism and the ,united ,nations4,sec4 #cjg4 ,report on ,united ,nations personnel4,sec4 #cjh4 ,united ,nations treaty bodies4,sec4 #cji4 ,equality at the ,united ,nations4,sec4 #caj4 ,anti-,semitism and the ,united ,nations4,sec4 #caa4 ,regional group inclusion of ,israel4,sec4 #cab4 ,united ,states policy on ,taiwan's participation in ,united ,nations entities4,sec4 #cac4 ,united ,states policy on ,tier #c human rights violators4,title ,,iv--,,status ,,of ,,palestinian ,,entities ,,at ,,the ,,united ,n,a,t,i,o,n,s,sec4 #dja4 ,findings4,sec4 #djb4 ,statement of policy4,sec4 #djc4 ,implementation4,title ,v--,,united ,,nations ,,human ,,rights ,c,o,u,n,c,i,l,sec4 #eja4 ,findings4,sec4 #ejb4 ,human rights council membership and funding4,title ,,vi--,,goldstone ,r,e,p,o,r,t,sec4 #fja4 ,findings4,sec4 #fjb4 ,statement of policy4,sec4 #fjc4 ,withholding of funds2 refund of ,united ,states taxpayer dollars4,title ,,vii--,,durban ,p,r,o,c,e,s,s,sec4 #gja4 ,findings4,sec4 #gjb4 ,sense of ,congress2 statement of policy4,sec4 #gjc4 ,non-participation in the durban process4,sec4 #gjd4 ,withholding of funds2 refund of ,united ,states taxpayer dollars4,title ,,viii--,u,n,r,w,a,sec4 #hja4 ,findings4,sec4 #hjb4 ,united ,states contributions to ,,unrwa4,sec4 #hjc4 ,sense of ,congress4,title ,,ix--,,international ,,atomic ,,energy ,a,g,e,n,c,y,sec4 #ija4 ,technical cooperation program4,sec4 #ijb4 ,united ,states policy at the ,,iaea4,sec4 #ijc4 ,sense of ,congress regarding the ,nuclear ,security ,action ,plan of the ,,iaea4,title ,x--,p,e,a,c,e,k,e,e,p,i,n,g,sec4 #ajja4 ,reform of ,united ,nations peacekeeping operations4,sec4 #ajjb4 ,policy relating to reform of ,united ,nations peacekeeping operations4,sec4 #ajjc4 ,certification4 #b4 ,definitions ,in this ,act3 7#a7 ,employee ,the term employee means an individual who is employed in the general services1 professional staff1 or senior management of the ,united ,nations1 including consultants1 contractors1 and subcontractors4 7#b7 ,general assembly ,the term ,general ,assembly means the ,general ,assembly of the ,united ,nations4 7#c7 ,member state ,the term ,member ,state means a ,member ,state of the ,united ,nations4 ,such term is synonymous with the term country4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,state4 7#e7 ,secretary general ,the term ,secretary ,general means the ,secretary ,general of the ,united ,nations4 7#f7 ,security council ,the term ,security ,council means the ,security ,council of the ,united ,nations4 7#g7 ,,un ,the term ,,un means the ,united ,nations4 7#h7 ,united nations entity ,the term ,united ,nations ,entity means any ,united ,nations agency1 commission1 conference1 council1 court1 department1 forum1 fund1 institute1 office1 organization1 partnership1 program1 subsidiary body1 tribunal1 trust1 university or academic body1 related organization or subsidiary body1 wherever located1 that flies the ,united ,nations flag or is authorized to use the ,united ,nations logo1 including those ,united ,nations affiliated agencies and bodies identified as recipients of ,united ,states contributions under section #abbe7;b77#c77;,e7 of the ,john ,warner ,national ,defense ,authorization ,act for ,fiscal ,year #bjjg 7,public ,law #aji-cfd71 but not including the ,international ,bank for ,reconstruction and ,development1 the ,international ,centre for ,settlement of ,investment ,disputes1 the ,international ,development ,association1 the ,international ,finance ,corporation1 the ,multilateral ,investment ,guarantee ,agency1 and the ,world ,trade ,organization4 7#i7 ,united nations system ,the term ,united ,nations ,system means the aggregation of all ,united ,nations ,entities1 as defined in paragraph 7#h74 7#aj7 ,united states contribution ,the term ,united ,states ,contribution means an assessed or voluntary contribution1 whether financial1 in-kind1 or otherwise1 from the ,united ,states ,federal ,government to a ,united ,nations ,entity1 including contributions passed through other entities for ultimate use by a ,united ,nations ,entity4 ,united ,states ,contributions include those contributions identified pursuant to section #abbe7;b77#c77;,e7 of the ,john ,warner ,national ,defense ,authorization ,act for ,fiscal ,year #bjjg 7,public ,law #aji-cfd74 7#aa7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committees on ,foreign ,affairs1 ,appropriations1 and ,oversight and ,government ,reform of the ,house of ,representatives2 and 7,b7 the ,committees on ,foreign ,relations1 ,appropriations1 and ,homeland ,security and ,governmental ,affairs of the ,senate4 ,i ,,funding ,,of ,,the ,,united ,,nations #aja4 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,states pays billions of dollars into the ,united ,nations system every year 7almost #g1gjj1jjj1jjj in #bjaj1 according to the ,white ,house ,office of ,management and ,budget71 significantly more than any other nation4 7#b7 ,under current rules and contribution levels1 it is possible to assemble the two-thirds majority needed for important ,united ,nations budget votes with a group of countries that1 taken together1 pay less than #a percent of the total ,united ,nations regular budget4 7#c7 ,the disconnect between contribution levels and management control creates significant perverse incentives in terms of ,united ,nations spending1 transparency1 and accountability4 7#d7 ,the ,united ,nations system suffers from unacceptably high levels of waste1 fraud1 and abuse1 which seriously impair its ability to fulfill the lofty ideals of its founding4 7#e7 ,amidst the continuing financial1 corruption1 and sexual abuse scandals of the past several years1 ,american public disapproval of ,united ,nations has reached all-time highs4 ,a #bjac ,gallup poll revealed that #ej percent of ,americans believe that the ,united ,nations is doing a poor job1 a negative assessment shared by a majority of respondents from both political parties4 7#f7 ,significant improvements in ,united ,nations transparency and accountability are necessary for improving public perceptions of ,american support for ,united ,nations operations4 7#g7 ,because of their need to justify future contributions from donors1 voluntarily funded organizations have more incentive to be responsive and efficient in their operations than organizations funded by compulsory contributions that are not tied to performance4 7#h7 ,catherine ,bertini1 the former ,united ,nations ,under-,secretary ,general for ,management and director of the ,world ,food ,program 7,,wfp71 has stated that ,voluntary funding creates an entirely different atmosphere at ,,wfp than at the ,,un4 ,at ,,wfp1 every staff member knows that we have to be as efficient1 accountable1 transparent1 and results-oriented as possible4 ,if we are not1 donor governments can take their funding elsewhere in a very competitive world among ,,un agencies1 ,n,g,os1 and bilateral governments44 7#i7 ,article ,,xvii of the ,charter of the ,united ,nations1 which states that the expenses of the ,organization shall be borne by the ,members as apportioned by the ,general ,assembly1 leaves to the discretion of the ,general ,assembly the basis of apportionment1 which could be done on the basis of voluntary pledges by ,member ,states4 7#aj7 ,unlike ,united ,states assessed contributions to the ,united ,nations regular budget1 which are statutorily capped at #bb percent of the total1 there is no cap on voluntary contributions4 7#aa7 ,the ,united ,states1 which contributes generously to international organizations whose activities it recognizes as credible1 worthwhile1 and efficient1 contributes more than #bb percent of the budget of certain voluntarily funded ,united ,nations ,specialized ,agencies4 7#ab7 ,john ,bolton1 ,former ,united ,states ,permanent ,representative to the ,united ,nations1 has stated that ,moving to voluntary funding would end the ,,un practice of charging member states for the expenses of the ,,un and its activities4 ,member states would instead determine for themselves how much to provide to the ,,un and1 importantly1 the specific tasks and activities that those contributions would support4 ,the shift toward a voluntary payment system would impose a stronger market incentive for ,,un programs and activities to meet their goals and justify continued funding44 #ajb4 ,apportionment of the ,united ,nations regular budget on a voluntary basis 7a7 ,united ,states policy 7#a7 ,in general ,it is the policy of the ,united ,states to seek to shift the funding mechanism for the regular budget of the ,united ,nations from an assessed to a voluntary basis4 7#b7 ,action at united nations ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to shift the funding mechanism for the regular budget of the ,united ,nations to a voluntary basis1 and to make it a priority to build support for such a transformational change among ,member ,states1 particularly key ,united ,nations donors4 7b7 ,certification of predominantly voluntary ,,un regular budget finding ,a certification described in this section is a certification by the ,secretary of ,state to the ,appropriate ,congressional ,committees that at least #hj percent of the total regular budget 7not including extra-budgetary contributions7 of the ,united ,nations is apportioned on a voluntary basis4 ,each such certification shall be effective for a period of not more than #a year1 and shall be promptly revoked by the ,secretary1 with notice to the appropriate congressional committees1 if the underlying circumstances change so as not to warrant such certification4 7c7 ,withholding of nonvoluntary contributions 7#a7 ,in general ,beginning #b years after the effective date of this ,act and notwithstanding any other provision of law1 no funds may be obligated or expended for a ,united ,states assessed contribution to the regular budget of the ,united ,nations in an amount greater than #ej percent of the ,united ,states share of assessed contributions for the regular budget of the ,united ,nations unless there is in effect a certification by the ,secretary1 as described in subsection 7b74 7#b7 ,allowance ,for a period of #a year after appropriation1 funds appropriated for use as a ,united ,states contribution to the regular budget of the ,united ,nations but withheld from obligation and expenditure pursuant to paragraph 7#a7 may be obligated and expended for that purpose upon the certification described in subsection 7b74 ,after #a year1 in the absence of such certification1 those funds shall revert to the ,united ,states ,treasury4 #ajc4 ,budget justification for ,united ,states contributions to the regular budget of the ,united ,nations 7a7 ,detailed itemization ,the annual congressional budget justification shall include a detailed itemized request in support of the contribution of the ,united ,states to the regular budget of the ,united ,nations4 7b7 ,contents of detailed itemization ,the detailed itemization required under subsection 7a7 shall-- 7#a7 contain information relating to the amounts requested in support of each of the various sections and titles of the regular budget of the ,united ,nations2 and 7#b7 compare the amounts requested for the current year with the actual or estimated amounts contributed by the ,united ,states in previous fiscal years for the same sections and titles4 7c7 ,adjustments and notification ,if the ,united ,nations proposes an adjustment to its regular assessed budget1 the ,secretary of ,state shall1 at the time such adjustment is presented to the ,advisory ,committee on ,administrative and ,budgetary ,questions 7,,acabq71 notify and consult with the appropriate congressional committees4 #ajd4 ,report on ,united ,nations reform 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary shall submit to the appropriate congressional committees a report on ,united ,nations reform4 7b7 ,contents ,the report required under subsection 7a7 shall describe-- 7#a7 progress toward the goal of shifting the funding for the ,united ,nations ,regular ,budget to a voluntary basis as identified in section #ajb1 and a detailed description of efforts and activities by ,united ,states diplomats and officials toward that end2 7#b7 progress toward each of the policy goals identified in the prior sections of this title1 and a detailed1 goal-specific description of efforts and activities by ,united ,states diplomats and officials toward those ends2 7#c7 the status of the implementation of management reforms within the ,united ,nations and its specialized agencies2 7#d7 the number of outputs1 reports1 or other mandates generated by ,general ,assembly resolutions that have been eliminated2 7#e7 the progress of the ,general ,assembly to modernize and streamline the committee structure and its specific recommendations on oversight and committee outputs1 consistent with the ,march #bjje report of the ,secretary ,general entitled ,in larger freedom3 towards development1 security and human rights for all2 7#f7 the status of the review by the ,general ,assembly of all mandates older than #e years and how resources have been redirected to new challenges1 consistent with such ,march #bjje report of the ,secretary ,general2 7#g7 the continued utility and relevance of the ,economic and ,financial ,committee and the ,social1 ,humanitarian1 and ,cultural ,committee1 in light of the duplicative agendas of those committees and the ,economic and ,social ,council2 and 7#h7 whether the ,united ,nations or any of its specialized agencies has contracted with any party included on the ,lists of ,parties ,excluded from ,federal ,procurement and ,nonprocurement ,programs4 ,,ii ,,transparency ,,and ,,accountability ,,for ,,united ,,states ,,contributions ,,to ,,the ,,united ,,nations #bja4 ,findings ,congress makes the following findings3 7#a7 ,as underscored by continuing revelations of waste1 fraud1 and abuse1 oversight and accountability mechanisms within the ,united ,nations system remain significantly deficient1 despite decades of reform attempts1 including those initiated by ,secretaries ,general of the ,united ,nations4 7#b7 ,notwithstanding the personal intentions of any ,secretary ,general of the ,united ,nations to promote institutional transparency and accountability within the ,united ,nations ,system1 the ,secretary ,general lacks the power to impose far reaching management reforms without the concurrence of the ,general ,assembly4 7#c7 ,groupings of ,member ,states whose voting power in the ,general ,assembly significantly outpaces their proportional contributions to the ,united ,nations system have repeatedly and successfully defeated1 delayed1 and diluted various reform proposals that would have enabled more detailed oversight and scrutiny of ,united ,nations system operations and expenditures4 7#d7 ,to an unacceptable degree1 major donor states1 including the ,united ,states1 lack access to reasonably detailed1 reliable information that would allow them to determine how their contributions have been spent by various ,united ,nations system entities1 further contributing to the lack of accountability within the ,united ,nations system4 #bjb4 ,definitions ,in this title3 7#a7 ,transparency certification ,the term ,transparency ,certification means an annual1 written affirmation by the head or authorized designee of a ,united ,nations ,entity1 provided to the ,department of ,state1 that the ,entity will cooperate with the ,department of ,state and ,congress1 including by providing the ,department of ,state and ,congress with full1 complete1 and unfettered access to ,oversight ,information as defined in this title4 7#b7 ,oversight information ,the term ,oversight ,information includes-- 7,a7 internally and externally commissioned audits1 investigatory reports1 program reviews1 performance reports1 and evaluations2 7,b7 financial statements1 records1 and billing systems2 7,c7 program budgets and program budget implications1 including revised estimates and reports produced by or provided to the ,secretary ,general and the ,secretary ,general's agents on budget related matters2 7,d7 operational plans1 budgets1 and budgetary analyses for peacekeeping operations2 7,e7 analyses and reports regarding the scale of assessments2 7,f7 databases and other data systems containing financial or programmatic information2 7,g7 documents or other records alleging or involving improper use of resources1 misconduct1 mismanagement1 or other violations of rules and regulations applicable to the ,united ,nations ,entity2 and 7,h7 other documentation relevant to the oversight work of ,congress with respect to ,united ,states contributions to the ,united ,nations system4 7#c7 ,accountability certification ,the term ,accountability ,certification means an annual1 written affirmation by the head or authorized designee of a ,united ,nations ,entity provided to the ,secretary of ,state that the ,entity-- 7,a7 provides the public with full1 complete1 and unfettered access to all relevant documentation relating to operations and activities1 including budget and procurement activities2 7,b7 implements and upholds policies and procedures to protect whistleblowers2 7,c7 implements and upholds policies and procedures to require the filing of individual annual financial disclosure forms by each of its employees at the ,p-#e level and above and to require that such forms be made available to the ,office of ,internal ,oversight ,services1 to ,member ,states1 and to the public2 7,d7 has established an effective ethics office2 7,e7 has established a fully independent1 autonomous1 and effective internal oversight body2 7,f7 has adopted and implemented1 and is in full compliance with1 ,international ,public ,sector ,accounting ,standards2 and 7,g7 has established a cap on its administrative overhead costs4 #bjc4 ,oversight of ,united ,states contributions to the ,united ,nations ,system 7a7 ,purpose ,the purpose of this section is to enhance oversight of ,united ,states contributions to the ,united ,nations ,system and the use of those contributions by ,united ,nations ,entities1 in an effort to eliminate and deter waste1 fraud1 and abuse in the use of those contributions1 and thereby to contribute to the development of greater transparency1 accountability1 and internal controls throughout the ,united ,nations ,system4 7b7 ,implementation 7#a7 ,in general ,the ,department of ,state shall collect and maintain current records regarding ,transparency ,certifications and ,accountability ,certifications by all ,united ,nations ,entities that receive ,united ,states contributions and submit that information for inclusion in the report required under section #bjg4 7#b7 ,notification ,the ,department of ,state shall keep the appropriate congressional committees fully and promptly informed of how ,united ,nations ,entities are spending ,united ,states contributions4 7#c7 ,referrals 7,a7 ,in general ,the ,secretary of ,state shall promptly report to the ,attorney ,general and to the appropriate congressional committees when the ,secretary of ,state has reasonable grounds to believe a ,federal criminal law has been violated by a ,united ,nations ,entity or one of its employees1 contractors1 or representatives4 7,b7 ,notification ,the ,secretary of ,state shall promptly report1 when appropriate1 to the appropriate congressional committees1 and to the ,secretary ,general or to the head of the appropriate ,united ,nations ,entity1 cases in which the ,secretary of ,state reasonably believes that mismanagement1 misfeasance1 or malfeasance is likely to have taken place within a ,united ,nations ,entity and disciplinary proceedings are likely justified4 7#d7 ,confirmation of transparency by united nations entities 7,a7 ,prompt notice by department of state ,whenever information or assistance requested from a ,united ,nations ,entity by the ,department of ,state pursuant to a ,transparency ,certification is1 in the opinion of the ,secretary of ,state1 unreasonably refused or not provided in a timely manner1 the ,secretary of ,state shall notify the appropriate congressional committees1 the head of that particular ,united ,nations ,entity1 and the ,secretary ,general of the circumstances in writing1 without delay4 7,b7 ,notice of compliance ,if and when the information or assistance being sought by the ,department of ,state in connection with a notification pursuant to subparagraph 7,a7 is provided to the satisfaction of the ,secretary of ,state1 the ,secretary of ,state shall so notify in writing to the appropriate congressional committees and the head of that particular ,united ,nations ,entity4 7,c7 ,noncompliance ,if the information or assistance being sought by the ,department of ,state in connection with a notification pursuant to subparagraph 7,a7 is not provided within #ij days of that notification1 then the ,united ,nations ,entity that is the subject of the notification is deemed to be noncompliant with its ,transparency ,certification4 7,d7 ,restoration of compliance ,after the situation has been resolved to the satisfaction of the ,secretary of ,state1 the ,secretary of ,state shall promptly provide prompt1 written notification of that fact and of the restoration of compliance1 along with a description of the basis for the ,secretary of ,state's decision1 to the appropriate congressional committees1 the head of that ,united ,nations ,entity1 the ,secretary ,general1 and any office or agency of the ,federal ,government that has provided that ,united ,nations ,entity with any ,united ,states contribution during the prior #b years4 7#e7 ,confirmation of accountability by united nations entities 7,a7 ,prompt notice by secretary of state ,whenever a ,united ,nations ,entity that has provided an ,accountability ,certification is1 in the opinion of the ,secretary of ,state1 not in full compliance with any or all of the provisions of that certification1 the ,secretary of ,state shall notify the appropriate congressional committees1 the head of that particular ,united ,nations ,entity1 and the ,secretary ,general of the circumstances in writing1 without delay4 7,b7 ,notice of compliance ,if and when the ,united ,nations ,entity resumes full compliance with its ,accountability ,certification following the provision of the notification pursuant to subparagraph 7,a71 the ,secretary of ,state shall so notify in writing the appropriate congressional committees and the head of that ,united ,nations ,entity4 7,c7 ,noncompliance ,if the ,united ,nations ,entity named in the notification in subparagraph 7,a7 does not resume full compliance with its ,accountability ,certification to the satisfaction of the ,secretary of ,state within #ij days of that notification1 then the ,united ,nations ,entity that is the subject of the notification is deemed to be noncompliant with its ,accountability ,certification1 and the ,secretary of ,state shall provide prompt1 written notification of that fact to the appropriate congressional committees1 the head of that ,united ,nations ,entity1 the ,secretary ,general1 and any office or agency of the ,federal ,government that has provided that ,united ,nations ,entity with any ,united ,states ,contribution during the prior #b years4 7,d7 ,restoration of compliance ,after the situation has been resolved to the satisfaction of the ,secretary of ,state1 the ,secretary of ,state shall promptly provide prompt1 written notification of that fact and of the restoration of compliance1 along with a description of the basis for the ,secretary of ,state's decision1 to the appropriate congressional committees1 the head of that ,united ,nations ,entity1 the ,secretary ,general1 and any office or agency of the ,federal ,government that has provided that ,united ,nations ,entity with any ,united ,states contribution during the prior #b years4 7#f7 ,reporting 7,a7 ,reporting ,in the report submitted by the ,director of the ,office of ,management and ,budget to ,congress pursuant to section #bjg1 the ,secretary of ,state shall submit for inclusion a section that1 among other things1 includes a list and detailed description of the circumstances surrounding any notification of compliance issued pursuant to paragraph 7#d77;,c7 or 7#e77;,c7 during the covered timeframe1 and whether and when the ,secretary has reversed such finding of noncompliance4 7,b7 ,prohibited disclosures ,nothing in this subsection shall be construed to authorize the public disclosure of information that is-- 7i7 specifically prohibited from disclosure by any other provision of law2 7ii7 specifically required by ,executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs2 or 7iii7 a part of an ongoing criminal investigation4 7,c7 ,privacy protections ,the ,secretary of ,state shall exempt from public disclosure information received from a ,united ,nations ,entity that the ,secretary of ,state believes-- 7i7 constitutes a trade secret or privileged and confidential personal financial information2 7ii7 constitutes confidential personal medical information2 7iii7 accuses a particular person of a crime2 7iv7 would1 if publicly disclosed1 constitute a clearly unwarranted invasion of personal privacy2 and 7v7 would compromise an ongoing law enforcement investigation or judicial trial in the ,united ,states4 #bjd4 ,transparency for ,united ,states contributions 7a7 ,funding prerequisites ,notwithstanding any other provision of law1 no funds made available for use as a ,united ,states ,contribution to any ,united ,nations ,entity may be obligated or expended if-- 7#a7 the intended ,united ,nations ,entity recipient has not provided to the ,secretary of ,state within the preceding year a ,transparency ,certification as defined in section #bjb7a72 7#b7 the intended ,united ,nations ,entity recipient is noncompliant with its ,transparency ,certification as described in section #bjc7;b77#d77;,c72 7#c7 the intended ,united ,nations ,entity recipient has not provided to the ,secretary of ,state within the preceding year an ,accountability ,certification as defined in section #bjb7c72 or 7#d7 the intended ,united ,nations ,entity is noncompliant with its ,accountability ,certification as described in section #bjc7;b77#e77;,c74 7b7 ,treatment of funds withheld for noncompliance ,at the conclusion of each fiscal year1 any funds that had been appropriated for use as a ,united ,states ,contribution to a ,united ,nations ,entity during that fiscal year1 but could not be obligated or expended because of the restrictions of subsection 7a71 shall be returned to the ,united ,states ,treasury1 and are not subject to reprogramming for any other use4 ,any such funds returned to the ,treasury shall not be considered arrears to be repaid to any ,united ,nations ,entity4 7c7 ,presidential waiver ,the ,president may waive the limitations of this subsection with respect to a particular ,united ,states ,contribution to a particular ,united ,nations ,entity within a single fiscal year if the ,president determines that failure to do so would pose an extraordinary threat to the national security of the ,united ,states and provides notification and explanation of that determination to the appropriate congressional committees4 #bje4 ,integrity for ,united ,states contributions 7a7 ,limitation 7#a7 ,no funds made available for use under the heading ,contributions to ,international ,organizations may be used for any purpose other than an assessed ,united ,states contribution to a ,united ,nations ,entity or other international organization4 7#b7 ,no funds made available for use under the heading ,international ,organizations and ,programs may be used for any purpose other than a voluntary ,united ,states contribution to a ,united ,nations ,entity or other international organization4 7#c7 ,no funds made available for use under the heading ,contributions to ,international ,peacekeeping ,activities may be used for any purpose other than a ,united ,states contribution to ,united ,nations peacekeeping activities1 to the ,international ,criminal ,tribunal for the former ,yugoslavia1 or to the ,international ,criminal ,tribunal for ,rwanda4 7b7 ,treatment of funds withheld for noncompliance ,at the conclusion of each fiscal year1 any funds that had been appropriated for use as a ,united ,states contribution to a ,united ,nations ,entity during that fiscal year1 but could not be obligated or expended because of the restrictions of subsection 7a71 shall be returned to the ,united ,states ,treasury1 and are not subject to reprogramming for any other use4 ,any such funds returned to the ,treasury shall not be considered arrears to be repaid to any ,united ,nations ,entity4 #bjf4 ,refund of monies owed by the ,united ,nations to the ,united ,states 7a7 ,findings ,congress makes the following findings3 7#a7 ,united ,states taxpayer funds overpaid to ,united ,nations ,entities and payable back to the ,united ,states sometimes remain in the hands of the ,united ,nations because the ,united ,states has not requested the return of those funds4 7#b7 ,such funds have been paid into1 among other ,united ,nations ,entities1 the ,united ,nations ,tax ,equalization ,fund 7,,tef71 which was established under the provisions of ,united ,nations ,general ,assembly ,resolution #igc 7#aiee71 and which is used to reimburse ,united ,nations staff members subject to ,united ,states income taxes for the cost of those taxes4 7#c7 ,in recent years1 the ,,tef has taken in considerably more money than it has paid out1 with the ,united ,states apparently overpaying into the ,,tef by #eb1bjj1jjj in the #bjjh-bjji timeframe alone4 7#d7 ,according to the ,united ,nations ,financial ,report and ,audited ,financial ,statements released on ,july #bi1 #bjaj1 ,as of #ca ,december #bjji1 an amount of #agi4j million was payable to the ,united ,states of ,america pending instructions as to its disposition44 7#e7 ,that balance was allowed to accrue notwithstanding ,united ,nations ,financial ,regulation #d4ab1 which states that any such surpluses shall be credited against the assessed contributions due from that ,member ,state the following year44 7#f7 ,allowing the ,united ,nations to regularly overcharge the ,united ,states and to retain those overpayments1 or to spend them on wholly unrelated activities1 is a disservice to ,american taxpayers and a subversion of the ,congressional budget process4 7b7 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to annually instruct the ,united ,nations to return to the ,united ,states any surplus assessed contributions or other overpayments by the ,united ,states to any ,united ,nations ,entity2 and 7#b7 to use the voice and vote of the ,united ,states to press the ,united ,nations to reform its ,,tef assessment procedures to reduce the repeated discrepancies between ,,tef income and expenditures4 7c7 ,certification and withholding ,for each and every fiscal year subsequent to the effective date of this ,act1 until the ,secretary of ,state submits to the appropriate congressional committees a certification that the ,united ,nations has returned to the ,united ,states any surplus assessed contributions or other overpayments by the ,united ,states to any ,united ,nations ,entity1 the ,secretary of ,state shall withhold from the regular budget of the ,united ,nations an amount equal to the amount of the funds that the ,united ,nations has yet to return to the ,united ,states4 #bjg4 ,annual reports on ,united ,states contributions to the ,united ,nations 7a7 ,annual report ,not later than #ij days after the date of the enactment of this ,act and annually for two years thereafter1 the ,director of the ,office of ,management and ,budget shall submit to ,congress a report listing all assessed and voluntary contributions of the ,united ,states ,government for the preceding fiscal year to the ,united ,nations and ,united ,nations affiliated agencies and related bodies4 7b7 ,contents ,each report required under subsection 7a7 shall set forth1 for the fiscal year covered by such report1 the following3 7#a7 ,the total amount of all assessed and voluntary contributions of the ,united ,states ,government to the ,united ,nations and ,united ,nations affiliated agencies and related bodies4 7#b7 ,the approximate percentage of ,united ,states ,government contributions to each ,united ,nations affiliated agency or body in such fiscal year when compared with all contributions to such agency or body from any source in such fiscal year4 7#c7 ,for each such contribution-- 7,a7 the amount of such contribution2 7,b7 a description of such contribution 7including whether assessed or voluntary72 7,c7 the department or agency of the ,united ,states ,government responsible for such contribution2 7,d7 the purpose of such contribution2 and 7,e7 the ,united ,nations or ,united ,nations affiliated agency or related body receiving such contribution4 #bjh4 ,report on ,united ,nations procurement practices 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary shall submit to the appropriate congressional committees a report on ,united ,nations procurement reform4 7b7 ,contents ,the reports required under subsection 7a7 shall describe-- 7#a7 progress toward the goal of donor countries establishing a threshold number for procurement purposes1 of which #ej percent of the procurement for donor programs over #a1jjj1jjj1jjj shall utilize donor vendors2 7#b7 the status of the amount and percentage of procurement at the ,united ,nations through ,united ,states vendors2 and 7#c7 the status of examinations and investigations if companies on the ,excluded ,parties ,list ,system are receiving contracts through the ,united ,nations1 and the values of such contracts4 ,,iii ,,united ,,states ,,policy ,,at ,,the ,,united ,,nations #cja4 ,annual publication ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to ensure the ,united ,nations publishes annually1 including on a publicly searchable internet ,web site1 a list of all ,united ,nations subsidiary bodies and their functions1 budgets1 staff1 and contributions1 both voluntary and assessed1 sorted by donor4 #cjb4 ,annual financial disclosure ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to implement a system for the required filing of individual annual financial disclosure forms by each employee of the ,united ,nations and its specialized agencies1 programs1 and funds at the ,p-#e level and above1 which shall be made available to the ,office of ,internal ,oversight ,services1 to ,member ,states1 and to the public4 #cjc4 ,policy with respect to expansion of the security council ,it is the policy of the ,united ,states to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to oppose any proposals on expansion of the ,security ,council if such expansion would-- 7#a7 diminish the influence of the ,united ,states on the ,security ,council2 or 7#b7 include veto rights for any new members of the ,security ,council4 #cjd4 ,access to reports and audits ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to ensure that ,member ,states may1 upon request1 have access to all reports and audits completed by the ,board of ,external ,auditors4 #cje4 ,waiver of immunity ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to ensure that the ,secretary ,general exercises the right and duty of the ,secretary ,general under section #bj of the ,convention on the ,privileges and ,immunities of the ,united ,nations to waive the immunity of any ,united ,nations official in any case in which such immunity would impede the course of justice4 ,in exercising such waiver1 the ,secretary ,general is urged to interpret the interests of the ,united ,nations as favoring the investigation or prosecution of a ,united ,nations official who is credibly under investigation for having committed a serious criminal offense or who is credibly charged with a serious criminal offense4 #cjf4 ,terrorism and the ,united ,nations 7a7 ,in general ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to work toward adoption by the ,general ,assembly of-- 7#a7 a definition of terrorism that-- 7,a7 builds upon the recommendations of the ,december #bjjd report of the ,high-,level ,panel on ,threats1 ,challenges1 and ,change2 7,b7 includes as an essential component of such definition any action that is intended to cause death or serious bodily harm to civilians with the purpose of intimidating a population or compelling a government or an international organization to do1 or abstain from doing1 any act2 and 7,c7 does not propose a legal or moral equivalence between an action described in subparagraph 7,b7 and measures taken by a government or international organization in self-defense against an action described in such subparagraph2 and 7#b7 a comprehensive convention on terrorism that includes the definition described in paragraph 7#a74 7b7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 authoritarian regimes often inaccurately label peaceful1 pro-freedom1 pro-democracy movements as terrorist movements in order to undermine the legitimacy of those movements2 and 7#b7 any ,united ,nations definition of terrorism should not be used to undermine a peaceful1 pro-freedom1 pro-democracy movement against authoritarian rule4 #cjg4 ,report on ,united ,nations personnel 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report-- 7#a7 concerning the progress of the ,general ,assembly to modernize human resource practices1 consistent with the ,march #bjje report of the ,secretary ,general entitled ,in larger freedom3 towards development1 security and human rights for all2 and 7#b7 containing the information described in subsection 7b74 7b7 ,contents ,the report shall include-- 7#a7 a comprehensive evaluation of human resources reforms at the ,united ,nations1 including an evaluation of-- 7,a7 tenure2 7,b7 performance reviews2 7,c7 the promotion system2 7,d7 a merit-based hiring system and enhanced regulations concerning termination of employment of employees2 and 7,e7 the implementation of a code of conduct and ethics training2 7#b7 the implementation of a system of procedures for filing complaints and protective measures for work-place harassment1 including sexual harassment2 7#c7 policy recommendations relating to the establishment of a rotation requirement for nonadministrative positions2 7#d7 policy recommendations relating to the establishment of a prohibition preventing personnel and officials assigned to the mission of a member state to the ,united ,nations from transferring to a position within the ,united ,nations ,secretariat that is compensated at the ,p-#e level and above2 7#e7 policy recommendations relating to a reduction in travel allowances and attendant oversight with respect to accommodations and airline flights2 and 7#f7 an evaluation of the recommendations of the ,secretary ,general relating to greater flexibility for the ,secretary ,general in staffing decisions to accommodate changing priorities4 #cjh4 ,united ,nations treaty bodies ,the ,united ,states shall withhold from ,united ,states contributions to the regular assessed budget of the ,united ,nations for a biennial period amounts that are proportional to the percentage of such budget that are expended with respect to a ,united ,nations human rights treaty monitoring body or committee that was established by-- 7#a7 a convention 7without any protocols7 or an international covenant 7without any protocols7 to which the ,united ,states is not party2 or 7#b7 a convention1 with a subsequent protocol1 if the ,united ,states is a party to neither4 #cji4 ,equality at the ,united ,nations 7a7 ,department of state review and report 7#a7 ,in general ,to avoid duplicative efforts and funding with respect to ,palestinian interests and to ensure balance in the approach to ,israeli-,palestinian issues1 the ,secretary shall1 not later than #ahj days after the date of the enactment of this ,act-- 7,a7 complete an audit of the functions of the entities listed in paragraph 7#b72 and 7,b7 submit to the appropriate congressional committees a report containing audit findings and conclusions1 and recommendations for the elimination of such duplicative entities and efforts4 7#b7 ,entities ,the entities referred to in paragraph 7#a77;,a7 are the following3 7,a7 ,the ,united ,nations ,division for ,palestinian ,rights4 7,b7 ,the ,committee on the ,exercise of the ,inalienable ,rights of the ,palestinian ,people4 7,c7 ,the ,united ,nations ,special ,coordinator for the ,middle ,east ,peace ,process and ,personal ,representative to the ,palestine ,liberation ,organization and the ,palestinian ,authority4 7,d7 ,the ,,ngo ,network on the ,question of ,palestine4 7,e7 ,the ,special ,committee to ,investigate ,israeli ,practices ,affecting the ,human ,rights of the ,palestinian ,people and ,other ,arabs of the ,occupied ,territories4 7,f7 ,any other entity the ,secretary determines results in duplicative efforts or funding or fails to ensure balance in the approach to ,israeli-,palestinian issues4 7b7 ,implementation by permanent representative 7#a7 ,in general ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to seek the implementation of the recommendations contained in the report required under subsection 7a77#a77;,b74 7#b7 ,withholding of funds ,until such recommendations have been implemented1 the ,united ,states shall withhold from ,united ,states contributions to the regular assessed budget of the ,united ,nations for a biennial period amounts that are proportional to the percentage of such budget that are expended for such entities4 #caj4 ,anti-,semitism and the ,united ,nations ,the ,president shall direct the ,united ,states permanent representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to make every effort to-- 7#a7 ensure the issuance and implementation of a directive by the ,secretary ,general or the ,secretariat1 as appropriate1 that-- 7,a7 requires all employees of the ,united ,nations and its specialized agencies to officially and publicly condemn anti-,semitic statements made at any session of the ,united ,nations or its specialized agencies1 or at any other session sponsored by the ,united ,nations2 7,b7 requires employees of the ,united ,nations and its specialized agencies1 programs1 and funds to be subject to punitive action1 including immediate dismissal1 for making anti-,semitic statements or references2 7,c7 proposes specific recommendations to the ,general ,assembly for the establishment of mechanisms to hold accountable employees and officials of the ,united ,nations and its specialized agencies1 programs1 and funds1 or ,member ,states1 that make such anti-,semitic statements or references in any forum of the ,united ,nations or of its specialized agencies2 7,d7 continues to develop and implements education awareness programs about the ,holocaust and anti-,semitism throughout the world1 as part of an effort to combat intolerance and hatred2 and 7,e7 requires the ,office of the ,united ,nations ,high ,commissioner for ,human ,rights 7,,ohchr7 to develop programming and other measures that address anti-,semitism2 7#b7 secure the adoption of a resolution by the ,general ,assembly that establishes the mechanisms described in paragraph 7#a77;,c72 and 7#c7 continue working toward further reduction of anti-,semitic language and anti-,israel resolutions in the ,united ,nations and its specialized agencies1 programs1 and funds4 #caa4 ,regional group inclusion of ,israel ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to expand the ,western ,european and ,others ,group 7,,weog7 in the ,united ,nations in ,geneva to include ,israel as a permanent member with full rights and privileges4 #cab4 ,united ,states policy on ,taiwan's participation in ,united ,nations entities ,the ,secretary of ,state shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to ensure meaningful participation for ,taiwan in relevant ,united ,nations ,entities in which ,taiwan has expressed an interest in participating4 #cac4 ,united ,states policy on ,tier #c human rights violators ,the ,secretary of ,state shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to ensure that no representative of a country designated pursuant to section #aaj of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7 by the ,department of ,state as a ,tier #c country shall preside as ,chair or ,president of any ,united ,nations ,entity4 ,,iv ,,status ,,of ,,palestinian ,,entities ,,at ,,the ,,united ,,nations #dja4 ,findings ,congress makes the following findings3 7#a7 ,in #aihi1 the ,palestine ,liberation ,organization 7,,plo7 launched an effort to evade direct negotiations for peace with the ,state of ,israel by instead pursuing ,palestinian membership in international organizations1 which could imply de facto recognition of a ,palestinian state by the ,united ,nations4 7#b7 ,the ,executive ,branch1 with significant support from ,members of ,congress1 successfully stopped the ,,plo's effort by credibly threatening1 as noted in a ,may #a1 #aihi1 statement by then-,secretary of ,state ,james ,a4 ,baker1 that the ,united ,states would make no further contributions1 voluntary or assessed1 to any international organization which makes any change in the ,p4,l4,o4's present status as an observer organization44 7#c7 ,the ,united ,states success in this case demonstrates that withholding contributions and placing conditions on their payment can result in real reforms1 stop counterproductive developments1 and advance ,united ,states interests at the ,united ,nations4 7#d7 ,the ,palestinian leadership has recently resumed its effort to evade direct negotiations for peace with the ,state of ,israel by seeking recognition of a ,palestinian state from foreign governments and in international forums4 7#e7 ,efforts to bypass negotiations and to unilaterally declare a ,palestinian state1 or to appeal to the ,united ,nations or other international forums or to foreign governments for recognition of a ,palestinian state or membership or other upgraded status for the ,palestinian observer mission at those forums1 would violate the underlying principles of the ,oslo ,accords1 the ,road ,map1 and other relevant ,middle ,east peace process efforts4 7#f7 ,on ,december #ae1 #bjaj1 the ,house of ,representatives passed ,house ,resolution #agfe1 in which1 inter alia1 the ,house of ,representatives3 7,a7 reaffirms its strong opposition to any attempt to establish or seek recognition of a ,palestinian state outside of an agreement negotiated between ,israel and the ,palestinians2 7,b7 supports the ,administration's opposition to a unilateral declaration of a ,palestinian state2 and 7,c7 calls upon the ,administration to ''' lead a diplomatic effort to persuade other nations to oppose a unilateral declaration of a ,palestinian state and to oppose recognition of a ,palestinian state by other nations1 within the ,united ,nations1 and in other international forums prior to achievement of a final agreement between ,israel and the ,palestinians44 7#g7 ,ambassador ,rosemary ,di,carlo1 ,united ,states ,deputy ,permanent ,representative to the ,united ,nations1 stated on ,july #bf1 #bjaa1 ,let there be no doubt3 symbolic actions to isolate ,israel at the ,united ,nations in ,september will not create an independent ,palestinian state ''' ,the ,united ,states will not support unilateral campaigns at the ,united ,nations in ,september or any other time44 7#h7 ,on ,september #af1 #bjaa1 the ,deputy ,national ,security ,advisor for ,strategic ,communications stated that ,we would veto actions through the ,security ,council and oppose action through the ,security ,council associated with a unilateral declaration of ,palestinian statehood44 #djb4 ,statement of policy ,it is the policy of the ,united ,states to oppose the recognition of a ,palestinian state by any ,united ,nations ,entity1 or any upgrade1 including but not limited to full membership or non-member-state observer status1 in the status of the ,palestinian observer mission at the ,united ,nations1 the ,palestine ,liberation ,organization1 the ,palestinian ,authority1 or any other ,palestinian administrative organization or governing entity1 at any ,united ,nations ,entity1 prior to the achievement of a final peace agreement negotiated between and agreed to by ,israel and the ,palestinians4 #djc4 ,implementation 7a7 ,in general ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to advance the policy stated in section #djb4 7b7 ,withholding of funds ,the ,secretary of ,state shall withhold ,united ,states contributions from any ,united ,nations ,entity that recognizes a ,palestinian state or upgrades in any way1 including full membership or non-member-state observer status1 the status of the ,palestinian observer mission at the ,united ,nations1 the ,palestine ,liberation ,organization1 the ,palestinian ,authority1 or any other ,palestinian administrative organization or governing entity1 at that ,united ,nations ,entity1 prior to the achievement of complete and final peace agreement negotiated between and agreed to by ,israel and the ,palestinians4 ,funds appropriated for use as a ,united ,states contribution to the ,united ,nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the ,united ,states ,treasury and shall not be considered arrears to be repaid to any ,united ,nations ,entity4 ,v ,,united ,,nations ,,human ,,rights ,,council #eja4 ,findings ,congress makes the following findings3 7#a7 ,since its establishment in #bjjf1 the ,united ,nations ,human ,rights ,council has failed to meaningfully promote the protection of internationally recognized human rights1 and has proven to be even more problematic than the ,united ,nations ,human ,rights ,commission that it was created to replace4 7#b7 ,the ,united ,nations ,human ,rights ,council suffers from fundamental and severe structural flaws present since its establishment by the ,united ,nations ,general ,assembly1 such as the fact that it draws its members from the ,general ,assembly without any substantive membership criteria1 with the perverse result that a number of the world's worst human rights abusers are members of the council4 7#c7 ,for example1 many members of the ,united ,nations ,human ,rights ,council are rated ,not ,free or only ,partly ,free by ,freedom ,house4 ,only a minority of members were rated ,free4 7#d7 ,the structure and composition of the ,united ,nations ,human ,rights ,council have made it subject to gross political manipulation1 with the result that1 during its almost seven years of operation1 the ,council has passed over #df resolutions censuring the democratic1 ,jewish ,state of ,israel1 as compared to only a handful censuring the dictatorships in ,burma1 ,north ,korea1 and ,syria1 just one addressing the severe1 ongoing human rights abuses in ,libya1 ,iran1 and ,belarus1 and none addressing the severe1 ongoing human rights abuses in ,china1 ,cuba1 ,russia1 ,zimbabwe1 ,venezuela1 and elsewhere4 7#e7 ,the ,united ,nations ,human ,rights ,council's agenda contains a permanent item for criticism of the democratic1 ,jewish ,state of ,israel1 but no permanent items criticizing any other state4 7#f7 ,the ,united ,nations ,human ,rights ,council has established1 or preserved the existence of1 a number of ,special ,procedures mechanisms to address country-specific situations or thematic issues4 ,these mechanisms include a number of special rapporteurs whose expenses and staff support are paid for by contributions to the ,united ,nations4 7#g7 ,the ,united ,nations ,human ,rights ,council has also established an ,advisory ,committee whose expenses and staff support are paid for by contributions to the ,united ,nations4 7#h7 ,some of these special rapporteurs and members of the ,advisory ,committee have displayed consistent bias against the ,united ,states1 ,israel1 and the ,jewish people1 while providing support to human rights abusers4 7#i7 ,richard ,falk1 the ,united ,nations ,special ,rapporteur on the situation of human rights in ,palestinian territories occupied since #aifg1 has compared ,israel's treatment of the ,palestinians to the ,holocaust1 questioned the veracity of the events of ,september #aa1 #bjja1 and posted a cartoon on his blog depicting ,americans and ,jews as bloodthirsty dogs4 7#aj7 ,jean ,ziegler1 a member of the ,united ,nations ,human ,rights ,council ,advisory ,committee and former ,united ,nations ,special ,rapporteur on the ,right to ,food1 has accused former ,president ,george ,w4 ,bush and former ,israeli ,prime ,minister ,ariel ,sharon of committing state terrorism1 has called for an investigation of ,israel by the ,international ,criminal ,court for war crimes following ,israel's war against ,hezbollah in #bjjf1 has visited ,cuba and praised the ,cuban regime's provision of food to the ,cuban people1 and has stated that ,zimbabwean dictator ,robert ,mugabe has history and morality with him4 ,ziegler was also involved in the establishment of the ,al-,gaddafi ,international ,prize for ,human ,rights1 a prize established by1 funded by1 and named after ,libyan dictator ,muammar al-,gaddafi1 and awarded in the past to ,fidel ,castro1 ,hugo ,chavez1 ,louis ,farrakhan1 and ,roger ,garaudy1 who has denied the ,holocaust1 questioned the veracity of the events of ,september #aa1 #bjja1 and supported ,iranian leader ,mahmoud ,ahmadinejad's call for ,israel to be wiped off the map4 7#aa7 ,miguel ,d',escoto ,brockmann1 a member of the ,united ,nations ,human ,rights ,council ,advisory ,committee who has previously served as ,president of the ,united ,nations ,general ,assembly and as foreign minister for the ,sandinista regime in ,nicaragua1 has implicitly accused the ,united ,states of terrorism1 has called former ,president ,ronald ,reagan a butcher1 has called for a international boycott of ,israel1 has stated that the ,palestinians were being crucified by ,israel1 has called ,israel's defensive ,operation ,cast ,lead in the ,gaza ,strip a monstrosity and genocide1 has urged the ,united ,nations to use the term apartheid in discussing ,israeli treatment of ,palestinians1 has embraced ,iranian leader ,mahmoud ,ahmadinejad after ,ahmadinejad delivered an anti-,american1 anti-,israel address to the ,united ,nations ,general ,assembly1 has stated that charges of genocide against ,sudanese dictator ,omar ,hassan al ,bashir are racist1 and has declared ,fidel ,castro ,world ,hero of ,solidarity1 stating that ,castro embodied virtues and values worth emulation by all of us4 7#ab7 ,halima ,warzazi1 a member of the ,united ,nations ,human ,rights ,council ,advisory ,committee1 has compared ,israel to ,nazi ,germany1 and used her previous membership in a ,united ,nations apparatus to shield ,saddam ,hussein from censure for gassing ,iraqi ,kurds in ,halabja4 7#ac7 ,the ongoing five-year review of the ,united ,nations ,human ,rights ,council concluded on ,june #ag1 #bjaa1 and failed to make any significant reforms to its fundamental and severe structural flaws1 including its absence of substantive membership criteria1 or to remove the permanent agenda item on ,israel4 7#ad7 ,on ,june #ag1 #bjaa1 ,john ,f4 ,sammis1 ,united ,states ,deputy ,representative to the ,economic and ,social ,council1 stated that ,the ,geneva process of the five-year review failed to yield even minimally positive results1 forcing us to dissociate from the outcome ''' the final resolution for the five-year review also fails to address the core problems that still plague the ,human ,rights ,council ''' ,the ,united ,states has therefore voted no on the resolution ''' the ,council's effectiveness and legitimacy will always be compromised so long as one country in all the world is unfairly and uniquely singled out while others1 including chronic human rights abusers1 escape scrutiny ''' ,the resolution before us today does nothing to address the ,council's failures nor move it any closer to the founding values of the ,,un ,charter and the ,universal ,declaration of ,human ,rights44 7#ae7 ,united ,states membership in the ,human ,rights ,council has not led to reform of its fundamental flaws diminished the ,council's virulently anti-,israel behavior4 ,the ,council has passed twenty-seven resolutions criticizing ,israel since the ,united ,states joined in #bjji4 #ejb4 ,human rights council membership and funding 7a7 ,in general ,for each and every fiscal year subsequent to the effective date of this ,act1 until the ,secretary of ,state submits to ,congress a certification that the requirements described in subsection 7b7 have been satisfied-- 7#a7 the ,secretary of ,state shall withhold from a ,united ,states contribution each fiscal year to a regular budget of the ,united ,nations an amount that is equal to the percentage of such contribution that the ,secretary determines would be allocated by the ,united ,nations to support the ,united ,nations ,human ,rights ,council2 7#b7 the ,secretary of ,state shall not make a voluntary contribution to the ,united ,nations ,human ,rights ,council2 and 7#c7 the ,united ,states shall not run for a seat on the ,united ,nations ,human ,rights ,council4 7b7 ,certification ,the annual certification referred to in subsection 7a7 is a certification made by the ,secretary to ,congress that-- 7#a7 the ,united ,nations ,human ,rights ,council's mandate from the ,united ,nations ,general ,assembly explicitly and effectively prohibits candidacy for ,human ,rights ,council membership of a ,united ,nations ,member ,state-- 7,a7 subject to sanctions by the ,security ,council2 and 7,b7 under a ,security ,council-mandated investigation for human rights abuses2 7#b7 the ,united ,nations ,human ,rights ,council does not include a ,united ,nations ,member ,state-- 7,a7 subject to sanctions by the ,security ,council2 7,b7 under a ,security ,council-mandated investigation for human rights abuses2 7,c7 which the ,secretary of ,state has determined1 for purposes of section #f7;j7 of the ,export ,administration ,act of #aigi 7as continued in effect pursuant to the ,international ,emergency ,economic ,powers ,act71 section #dj of the ,arms ,export ,control ,act1 section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 or other provision of law1 is a government that has repeatedly provided support for acts of international terrorism2 or 7,d7 which the ,president has designated as a country of particular concern for religious freedom under section #djb7;b7 of the ,international ,religious ,freedom ,act of #aiih2 and 7#c7 the ,united ,nations ,human ,rights ,council's agenda or programme of work does not include a permanent item with regard to the ,state of ,israel4 7c7 ,special procedures ,the ,secretary of ,state shall withhold from a ,united ,states contribution each year to a regular budget of the ,united ,nations an amount that is equal to the percentage of such contribution that the ,secretary determines would be allocated by the ,united ,nations to support the ,united ,nations ,special ,rapporteur on the situation of human rights in ,palestinian territories occupied since #aifg1 and any other ,united ,nations ,human ,rights ,council ,special ,procedures used to display bias against the ,united ,states or the ,state of ,israel or to provide support for the government of any ,united ,nations ,member ,state-- 7#a7 subject to sanctions by the ,security ,council2 7#b7 under a ,security ,council-mandated investigation for human rights abuses2 7#c7 which the ,secretary of ,state has determined1 for purposes of section #f7;j7 of the ,export ,administration ,act of #aigi 7as continued in effect pursuant to the ,international ,emergency ,economic ,powers ,act71 section #dj of the ,arms ,export ,control ,act1 section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 or other provision of law1 is a government that has repeatedly provided support for acts of international terrorism2 or 7#d7 which the ,president has designated as a country of particular concern for religious freedom under section #djb7;b7 of the ,international ,religious ,freedom ,act of #aiih4 7d7 ,reversion of funds ,funds appropriated for use as a ,united ,states contribution to the ,united ,nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the ,united ,states ,treasury and shall not be considered arrears to be repaid to any ,united ,nations ,entity4 ,,vi ,,goldstone ,,report #fja4 ,findings ,congress finds the following3 7#a7 ,on ,january #ab1 #bjji1 the ,united ,nations ,human ,rights ,council passed ,resolution ,a_/,,hrc_/,s-#i_/,l4#a1 which authorized a fact-finding mission regarding ,israel's conduct of ,operation ,cast ,lead against violent militants in the ,gaza ,strip between ,december #bg1 #bjjh1 and ,january #ah1 #bjji4 7#b7 ,the resolution pre-judged the outcome of its investigation by one-sidedly mandating the fact-finding mission to investigate all violations of international human rights law and ,international ,humanitarian ,law by ''' ,israel1 against the ,palestinian people ''' particularly in the occupied ,gaza ,strip1 due to the current aggression4 7#c7 ,the mandate of the fact-finding mission makes no mention of the relentless rocket and mortar attacks1 which numbered in the thousands and spanned a period of eight years1 by ,hamas and other violent militant groups in ,gaza against civilian targets in ,israel1 that necessitated ,israel's defensive measures4 7#d7 ,the fact-finding mission included a member who1 before joining the mission1 had already declared ,israel guilty of committing atrocities in ,operation ,cast ,lead by signing a public letter on ,january #aa1 #bjji1 published in the ,sunday ,times1 that called ,israel's actions war crimes4 7#e7 ,the mission's flawed and biased mandate gave serious concern to many ,united ,nations ,human ,rights ,council ,member ,states which refused to support it1 including ,bosnia and ,herzegovina1 ,cameroon1 ,canada1 ,france1 ,germany1 ,italy1 ,japan1 the ,netherlands1 the ,republic of ,korea1 ,slovakia1 ,slovenia1 ,switzerland1 ,ukraine1 and the ,united ,kingdom of ,great ,britain and ,northern ,ireland4 7#f7 ,the mission's flawed and biased mandate was never broadened or revised by any plenary meeting of the ,united ,nations ,human ,rights ,council1 and troubled many distinguished individuals who refused invitations to head the mission4 7#g7 ,on ,september #ae1 #bjji1 the ,united ,nations ,fact ,finding ,mission on the ,gaza ,conflict released its report1 which is commonly referred to as the ,goldstone ,report4 7#h7 ,the ,goldstone ,report repeatedly made sweeping and unsubstantiated determinations that the ,israeli military had deliberately attacked civilians during ,operation ,cast ,lead4 7#i7 ,the authors of the ,goldstone ,report admit that we did not deal with the issues ''' regarding the problems of conducting military operations in civilian areas and second-guessing decisions made by soldiers and their commanding officers in the fog of war44 7#aj7 ,in the ,october #af1 #bjji1 edition of the ,jewish ,daily ,forward1 ,richard ,goldstone1 the head of the ,united ,nations ,fact ,finding ,mission on the ,gaza ,conflict1 is quoted as saying1 with respect to the mission's evidence-collection methods1 ,if this was a court of law1 there would have been nothing proven4 7#aa7 ,the ,goldstone ,report1 in effect1 denied the ,state of ,israel the right to self-defense1 and never noted the fact that ,israel had the right to defend its citizens from the repeated violent attacks committed against civilian targets in southern ,israel by ,hamas and other ,foreign ,terrorist ,organizations operating from ,gaza4 7#ab7 ,the ,goldstone ,report largely ignored the culpability of the ,government of ,iran and the ,government of ,syria1 both of whom sponsor ,hamas and other ,foreign ,terrorist ,organizations4 7#ac7 ,the ,goldstone ,report usually considered public statements made by ,israeli officials not to be credible1 while frequently giving uncritical credence to statements taken from what it called the ,gaza authorities1 i4e41 the ,gaza leadership of ,hamas4 7#ad7 ,notwithstanding a great body of evidence that ,hamas and other violent ,islamist groups committed war crimes by using civilians and civilian institutions1 such as mosques1 schools1 and hospitals1 as shields1 the ,goldstone ,report repeatedly downplayed or cast doubt upon that claim4 7#ae7 ,in one notable instance1 the ,goldstone ,report stated that it did not consider the admission of a ,hamas official that ,hamas often created a human shield of women1 children1 the elderly and the mujahideen1 against the ,israeli military specifically to constitute evidence that ,hamas forced ,palestinian civilians to shield military objectives against attack4 7#af7 ,hamas was able to significantly shape the findings of the investigation mission's ,goldstone ,report by selecting and prescreening some of the witnesses and intimidating others1 as the ,goldstone ,report acknowledges when it notes that those interviewed in ,gaza appeared reluctant to speak about the presence of or conduct of hostilities by the ,palestinian armed groups ''' from a fear of reprisals4 7#ag7 ,even though ,israel is a vibrant democracy with a vigorous and free press1 the ,goldstone ,report erroneously asserts that actions of the ,israeli government ''' have contributed significantly to a political climate in which dissent with the government and its actions ''' is not tolerated4 7#ah7 ,the ,goldstone ,report recommended that the ,united ,nations ,human ,rights ,council endorse its recommendations1 implement them1 review their implementation1 and refer the report to the ,united ,nations ,security ,council1 the ,prosecutor of the ,international ,criminal ,court1 and the ,united ,nations ,general ,assembly for further action4 7#ai7 ,the ,goldstone ,report recommended that the ,united ,nations ,security ,council-- 7,a7 require the ,government of ,israel to launch further investigations of its conduct during ,operation ,cast ,lead and report back to the ,security ,council within #f months2 7,b7 simultaneously appoint an independent committee of experts to monitor and report on any domestic legal or other proceedings undertaken by the ,government of ,israel within that #f-month period2 and 7,c7 refer the case to the ,prosecutor of the ,international ,criminal ,court after that #f-month period4 7#bj7 ,the ,goldstone ,report recommended that the ,united ,nations ,general ,assembly consider further action on the report and establish an escrow fund1 to be funded entirely by the ,state of ,israel1 to pay adequate compensation to ,palestinians who have suffered loss and damage during ,operation ,cast ,lead4 7#ba7 ,the ,goldstone ,report ignored the issue of compensation to ,israelis who have been killed or wounded1 or suffered other loss and damage1 as a result of years of past and continuing rocket and mortar attacks by ,hamas and other violent militant groups in ,gaza against civilian targets in southern ,israel4 7#bb7 ,the ,goldstone ,report recommended that ,states ,parties to the ,geneva ,conventions of #aidi start criminal investigations of ,operation ,cast ,lead in national courts1 using universal jurisdiction and that following investigation1 alleged perpetrators should be arrested and prosecuted4 7#bc7 ,the concept of universal jurisdiction has frequently been used in attempts to detain1 charge1 and prosecute ,israeli and ,united ,states officials and former officials in connection with unfounded allegations of war crimes and has often unfairly impeded the travel of those individuals4 7#bd7 ,on ,september #bj1 #bjji1 ,united ,nations ,high ,commissioner for ,human ,rights ,navanethem ,pillay wrote1 ,i lend my full support to ,justice ,goldstone's report and its recommendations4 7#be7 ,the ,state of ,israel1 like many other free democracies1 has an independent judicial system with a robust investigatory capacity and has already launched numerous investigations1 many of which remain ongoing1 of ,operation ,cast ,lead and individual incidents therein4 7#bf7 ,several nations have indicated that they intend to further pursue consideration of the ,goldstone ,report and implementation of its recommendations by the ,united ,nations ,security ,council1 the ,united ,nations ,general ,assembly1 the ,united ,nations ,human ,rights ,council1 and other multilateral fora4 7#bg7 ,on ,september #cj1 #bjji1 ,secretary of ,state ,hillary ,clinton described the underlying mandate for the ,goldstone ,report as one-sided4 7#bh7 ,on ,september #ag1 #bjji1 ,ambassador ,susan ,rice1 ,united ,states ,permanent ,representative to the ,united ,nations1 expressed the ,united ,states very serious concern with the mandate underlying the ,goldstone ,report and noted that the ,united ,states views the mandate as unbalanced1 one-sided and basically unacceptable4 7#bi7 ,israeli ,president ,shimon ,peres has called the ,goldstone ,report a blood libel4 7#cj7 ,the ,goldstone ,report reflects the longstanding1 historic bias at the ,united ,nations against the democratic1 ,jewish ,state of ,israel4 7#ca7 ,the ,goldstone ,report is being exploited by ,israel's enemies to excuse the actions of violent militant groups and their state sponsors1 and to justify isolation of and punitive measures against the democratic1 ,jewish ,state of ,israel4 7#cb7 ,on ,november #c1 #bjji1 the ,house of ,representatives overwhelmingly adopted ,house ,resolution #hfg1 which stated that the ,house of ,representatives3 7,a7 considers the ,goldstone ,report to be irredeemably biased and unworthy of further consideration or legitimacy2 7,b7 supports the ,administration's efforts to combat anti-,israel bias at the ,united ,nations1 its characterization of the ,goldstone ,report as unbalanced1 one-sided and basically unacceptable1 and its opposition to the resolution on the report2 7,c7 calls on the ,president and the ,secretary of ,state to continue to strongly and unequivocally oppose any endorsement of the ,goldstone ,report in multilateral fora1 including through leading opposition to any ,united ,nations ,general ,assembly resolution and through vetoing1 if necessary1 any ,united ,nations ,security ,council resolution that endorses the contents of this report1 seeks to act upon the recommendations contained in this report1 or calls on any other international body to take further action regarding this report2 7,d7 calls on the ,president and the ,secretary of ,state to strongly and unequivocally oppose any further consideration of the ,report of the ,united ,nations ,fact ,finding ,mission on the ,gaza ,conflict and any other measures stemming from this report in multilateral fora2 and 7,e7 reaffirms its support for the democratic1 ,jewish ,state of ,israel1 for ,israel's security and right to self-defense1 and1 specifically1 for ,israel's right to defend its citizens from violent militant groups and their state sponsors4 7#cc7 ,on ,october #af1 #bjji1 the ,united ,nations ,human ,rights ,council voted #be-f 7with #aa ,member ,states abstaining and #e not voting1 and with the ,united ,states voting against7 to adopt resolution ,a-,,hrc-,s-#ab-a1 which endorsed the ,goldstone ,report and condemned ,israel1 without mentioning ,hamas1 other such violent militant groups1 or their state sponsors4 ,the ,united ,states voted against the resolution4 7#cd7 ,on ,november #e1 #bjji1 the ,united ,nations ,general ,assembly voted #aad-ah 7with #dd ,member ,states abstaining1 and with the ,united ,states voting against7 to adopt resolution ,a_/,,res_/#fd_/aj1 which1 among other things3 7,a7 endorsed the ,united ,nations ,human ,rights ,council's resolution ,a-,,hrc-,s-#ab-a1 which endorsed the ,goldstone ,report and condemned ,israel1 without mentioning ,hamas1 other such violent militant groups1 or their state sponsors2 7,b7 requested that the ,secretary ,general of the ,united ,nations transmit the ,goldstone ,report to the ,united ,nations ,security ,council2 7,c7 expressed its appreciation to the ,united ,nations ,fact-,finding ,mission on the ,gaza ,conflict for its comprehensive report2 7,d7 expressed grave concern regarding reports regarding serious human rights violations during ,operation ,cast ,lead1 including the findings in the ,goldstone ,report2 and 7,e7 recommended that the ,government of ,switzerland1 in its capacity as depositary of the ,geneva ,convention relative to the ,protection of ,civilian ,persons in ,time of ,war1 undertake as soon as possible the steps necessary to reconvene a ,conference of ,high ,contracting ,parties to the ,fourth ,geneva ,convention on measures to enforce the ,convention in the ,west ,bank1 the ,gaza ,strip1 and ,east ,jerusalem4 7#ce7 ,on ,february #bf1 #bjaj1 the ,united ,nations ,general ,assembly voted #ih-g 7with #ca ,member ,states abstaining1 and with the ,united ,states voting against7 to adopt resolution ,a_/,,res_/#fd_/bed1 which built on the determinations of ,a_/,,res_/#fd_/aj4 7#cf7 ,on ,march #bd1 #bjaj1 the ,united ,nations ,human ,rights ,council voted #bi-f 7with #aa ,member ,states abstaining and one not voting1 and with the ,united ,states voting against7 to adopt resolution ,a_/,,hrc_/#ac_/,l4#cj1 which1 among other things-- 7,a7 called upon all concerned parties1 including ,united ,nations bodies1 to ensure their implementation of the recommendations contained in the ,goldstone ,report2 7,b7 requested that the ,united ,nations ,high ,commissioner for ,human ,rights submit a progress report on the implementation of the present resolution to the ,human ,rights ,council at its fourteenth session in ,may and ,june #bjaj2 and 7,c7 decided to follow up on the implementation of the present resolution at the fifteenth session of the ,human ,rights ,council in ,september #bjaj4 7#cg7 ,on ,march #be1 #bjaa1 the ,united ,nations ,human ,rights ,council voted #bg-c 7with #af ,member ,states abstaining1 and with the ,united ,states voting against7 to adopt resolution ,a_/,,hrc_/#af_/,l4#ca1 which1 among other things-- 7,a7 called upon all concerned parties1 including ,united ,nations bodies1 to ensure the full and immediate implementation of the recommendations contained in the ,goldstone ,report2 7,b7 recommended that the ,united ,nations ,general ,assembly again consider the ,goldstone ,report at its sixty-sixth session1 and urged the ,general ,assembly to submit the report to the ,united ,nations ,security ,council for its consideration and appropriate action1 including referral to the prosecutor of the ,international ,criminal ,court2 7,c7 requested that the ,united ,nations ,high ,commissioner for ,human ,rights submit a progress report on the implementation of the present resolution to the ,human ,rights ,council at its eighteenth session of ,september #bjaa2 and 7,d7 decided to follow up on the implementation of the present resolution at the nineteenth session of the ,human ,rights ,council of ,march #bjab4 7#ch7 ,on ,april #a1 #bjaa1 ,richard ,goldstone1 the head of the ,united ,nations ,fact ,finding ,mission on the ,gaza ,conflict that authored the ,goldstone ,report1 wrote an op-ed in the ,washington ,post that renounced the ,goldstone ,report's claim that the ,israeli military deliberately attacked civilians during ,operation ,cast ,lead4 ,goldstone wrote that the ,israeli military's investigations with respect to incidents in ,operation ,cast ,lead indicate that civilians were not intentionally targeted as a matter of policy4 7#ci7 ,efforts to delegitimize the democratic ,state of ,israel and deny it the right to defend its citizens and its existence can be used to delegitimize other democracies and deny them the same right4 #fjb4 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 consider the ,goldstone ,report irredeemably biased and unworthy of further consideration or legitimacy2 7#b7 strongly and unequivocally oppose any consideration1 legitimization1 or endorsement of the ,goldstone ,report1 or any other measures stemming from this report1 in multilateral fora2 7#c7 lead a high-level diplomatic campaign in support of the revocation and repudiation1 by the ,united ,nations ,general ,assembly1 of the ,goldstone ,report and any ,united ,nations resolutions stemming from the report1 including-- 7,a7 ,united ,nations ,general ,assembly resolutions ,a_/,,res_/#fd_/aj and ,a_/,,res_/#fd_/bed2 and 7,b7 ,united ,nations ,human ,rights ,council resolutions ,a-,,hrc-,s-#ab-a1 ,a_/,,hrc_/#ac_/,l4#cj1 and ,a_/,,hrc_/#af_/,l4#ca2 and 7#d7 lead a high-level diplomatic effort to encourage other responsible countries not to endorse1 support1 or legitimize the ,goldstone ,report or any other measures stemming from the report4 #fjc4 ,withholding of funds2 refund of ,united ,states taxpayer dollars 7a7 ,withholding of funds ,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 ,goldstone ,report or its preparatory or follow-on activities4 7b7 ,refund of united states taxpayer dollars ,funds appropriated for use as a ,united ,states contribution to the regular budget of the ,united ,nations but withheld from obligation and expenditure pursuant to subsection 7a7 shall immediately revert to the ,united ,states ,treasury and shall not be considered arrears to be repaid to any ,united ,nations ,entity4 ,,vii ,,durban ,,process #gja4 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,states is opposed to racism1 racial discrimination1 xenophobia1 and related intolerance1 and has long been a party to the ,convention on the ,elimination of ,racial ,discrimination4 7#b7 ,expensive and politically skewed international conferences can disserve and undermine the worthy goals that they are ostensibly convened to support4 7#c7 ,the goals of the #bjja ,united ,nations ,world ,conference ,against ,racism--held in ,durban1 ,south ,africa1 and commonly referred to as ,durban ,i--were undermined by hateful1 anti-,jewish rhetoric1 and anti-,israel political agendas1 prompting both ,israel and the ,united ,states to withdraw their delegations from the ,conference4 7#d7 ,the official government declaration adopted by ,durban ,i1 the ,durban ,declaration and ,program of ,action1 focused on the plight of the ,palestinian people under foreign occupation1 and thereby singled out one regional conflict for discussion and implicitly launched a false accusation against ,israel of intolerance towards the ,palestinians4 7#e7 ,on ,september #c1 #bjja1 ,secretary of ,state ,colin ,powell explained the withdrawal of the ,united ,states delegation from ,durban ,i by stating that you do not combat racism by conferences that produce declarations containing hateful language1 some of which is a throwback to the days of ,zionism equals racism2 or supports the idea that we have made too much of the ,holocaust2 or suggests that apartheid exists in ,israel2 or that singles out only one country in the world--,israel--for censure and abuse4 7#f7 ,the late ,united ,states ,representative ,tom ,lantos1 who participated as a member of the ,united ,states delegation to the ,durban ,conference1 supported that delegation's withdrawal and wrote in #bjjb that the conference provided the world with a glimpse into the abyss of international hate1 discrimination and1 indeed1 racism4 7#g7 ,on ,december #ai1 #bjjf1 the ,united ,nations ,general ,assembly approved a resolution initiating preparations for a ,durban ,review ,conference 7commonly referred to as ,durban ,,ii71 which was held between ,april #bj and #bd1 #bjji1 in ,geneva1 ,switzerland4 7#h7 ,the chair of the preparatory committee for ,durban ,,ii was ,libya1 and the co-chairs included ,iran and ,cuba4 7#i7 ,throughout the preparatory process for ,durban ,,ii1 member states of the ,organization of the ,islamic ,conference urged that the conference again focus criticism on ,israel and single out the ,israeli-,palestinian conflict for discussion1 and also urged that the conference advocate global speech codes that would impose restrictions contrary to fundamental freedoms recognized in the provisions of the ,universal ,declaration of ,human ,rights4 7#aj7 ,in testimony before the ,house of ,representatives on ,april #b1 #bjjh1 then-,assistant ,secretary of ,state for ,international ,organizations ,kristen ,silverberg stated that the ,united ,states had decided against participating in preparatory activities for ,durban ,,ii because there is absolutely no case to be made for participating in something that is going to be a repeat of ,durban ,i4 ,we don't have any confidence that this will be any better than ,durban ,i4 7#aa7 ,on ,september #bc1 #bjjh1 the ,house of ,representatives passed ,house ,resolution #acfa1 which1 among other things1 called on the ,president to urge other heads of state to condition participation in the #bjji ,durban ,,ii ,conference on concrete action by the ,united ,nations and ,united ,nations ,member ,states to ensure that it is not a forum to demonize any group1 or incite anti-,semitism1 hatred1 or violence against members of any group or to call into question the existence of any state and urged all ,united ,nations ,member ,states not to support a #bjji ,durban ,review ,conference process that fails to adhere to established human rights standards and to reject an agenda that incites hatred against any group in the guise of criticism of a particular government or that seeks to forge a global blasphemy code4 7#ab7 ,the present ,united ,nations ,high ,commissioner for ,human ,rights1 ,dr4 ,navanethem ,pillay1 who served as ,secretary ,general of ,durban ,,ii1 has repeatedly sought to downplay the level of hateful1 anti-,jewish rhetoric and anti-,israel political agendas present at ,durban ,i1 describing it as merely the virulent anti-,semitic behavior of a few non-governmental organizations on the sidelines and praising the biased #bjja ,durban ,declaration and ,programme of ,action as the legacy of this ,conference1 has repeatedly sought to downplay the level of hateful1 anti-,jewish rhetoric and anti-,israel political agendas present at ,durban ,,ii and its preparatory activities1 and has repeatedly praised and urged the full implementation of the ,durban ,declaration and ,programme of ,action4 7#ac7 ,high ,commissioner ,pillay has repeatedly and publicly criticized nations1 including the ,united ,states1 which announced that they would not participate in ,durban ,,ii1 but has almost never publicly criticized governments who succeeded in using the conference and its preparatory activities to single out ,israel for criticism and to attempt to restrict fundamental freedoms4 7#ad7 ,a ,united ,nations press release on ,september #h1 #bjjh1 regarding an address by ,high ,commissioner ,pillay1 disturbingly dismissed objections raised by non-governmental organizations to ,durban ,,ii as ferocious1 and often distorted1 criticism by certain lobby groups focused on single issues4 7#ae7 ,during ,february of #bjji1 the ,united ,states actively participated in intergovernmental consultations on ,durban ,,ii's draft outcome document and engaged in high-level diplomatic efforts to dramatically reverse the path of ,durban ,,ii by directing it towards meaningful efforts to combat intolerance and bigotry and directing it away from efforts to undermine the cause of fighting discrimination through singling out ,israel for implicit criticism and calling for restrictions on fundamental freedoms4 7#af7 ,on ,february #bg1 #bjji1 a ,state ,department spokesman stated that1 despite ,united ,states efforts to redirect the path of ,durban ,,ii1 the document being negotiated has gone from bad to worse1 and the current text of the draft outcome document is not salvageable ''' ,a conference based on this text would be a missed opportunity to speak clearly about the persistent problem of racism and therefore1 the ,united ,states would not participate in further consultations and negotiations regarding the draft outcome document1 and would not participate in ,durban ,,ii itself unless the draft outcome document was radically shortened and revised to eliminate objectionable material4 7#ag7 ,on ,april #ag1 #bjji1 the third and final session of the preparatory committee for ,durban ,,ii proposed a final draft outcome document that contained a number of provisions advocating restrictions on freedom of expression1 and that also implicitly singled out and criticized ,israel for racism by reaffirming1 in its very first paragraph1 the #bjja ,durban ,declaration and ,programme of ,action4 7#ah7 ,on ,april #ah1 #bjji1 a ,state ,department spokesman announced that the ,united ,states will not join the ,durban ,,ii conference1 noting that ,the current document ''' still contains language that reaffirms in toto the ,durban ,declaration and ,programme of ,action 7,,ddpa7 from #bjja1 which the ,united ,states has long said it is unable to support ''' ,the ,united ,states also has serious concerns with relatively new additions to the text regarding incitement1 that run counter to the ,u4,s4 commitment to unfettered free speech44 7#ai7 ,on ,april #ai1 #bjji1 the ,president stated at a press conference that ,i would love to be involved in a useful conference that addressed continuing issues of racism and discrimination around the globe ''' we expressed in the run-up to this conference our concerns that if you incorporated--if you adopted all the language from #bjja1 that's just not something we could sign up for ''' our participation would have involved putting our imprimatur on something that we just don't believe ''' ,hopefully 4 4 4 we can partner with other countries on to actually reduce discrimination around the globe4 ,but this wasn't an opportunity to do it44 7#bj7 ,canada1 ,israel1 ,italy1 ,germany1 the ,netherlands1 ,poland1 ,australia1 and ,new ,zealand also did not participate in ,durban ,,ii1 and the ,czech ,republic walked out of the ,conference during its proceedings1 never to return4 7#ba7 ,libya was the chair of the ,main ,committee of ,durban ,,ii1 and vice presidents of ,durban ,,ii included ,libya1 ,iran1 and ,cuba4 7#bb7 ,speaking at ,durban ,,ii on ,april #bj1 #bjji1 ,iranian leader ,mahmoud ,ahmadinejad called the democratic ,state of ,israel totally racist and the most cruel and repressive racist regime1 and called for ,israel's destruction1 stating that ,efforts must be made to put an end to the abuse by ,zionists ''' ,governments must be encouraged and supported in their fights aimed at eradicating this barbaric racism4 7#bc7 ,in his speech at ,durban ,,ii1 ,ahmadinejad also propagated anti-,semitic conspiracy theories1 saying that ,those who control huge economic resources and interests in the world ''' mobilize all the resources1 including their economic and political influence and world media1 to render support in vain to the ,zionist regime4 7#bd7 ,disgusted by ,ahmadinejad's biased and incendiary statements1 delegates from about two dozen nations walked out of the assembly hall in protest1 but most delegations remained1 and a large number of delegations and observers repeatedly applauded ,ahmadinejad's remarks4 7#be7 ,on ,april #ba1 #bjji1 governments participating in ,durban ,,ii adopted by consensus an outcome document that contained a number of provisions advocating restrictions on freedom of expression1 and that also implicitly singled out and criticized ,israel for racism by reaffirming1 in its very first paragraph1 the #bjja ,durban ,declaration and ,program of ,action4 7#bf7 ,throughout ,durban ,,ii1 many speakers singled out ,israel for criticism or called for restrictions on fundamental freedoms1 including representatives of ,iran1 ,libya1 ,cuba1 ,sudan1 ,syria1 ,venezuela1 ,vietnam1 ,saudi ,arabia1 ,pakistan1 ,indonesia1 ,qatar1 ,algeria1 the ,united ,arab ,emirates1 ,kuwait1 ,egypt1 ,lebanon1 ,yemen1 ,bahrain1 ,tunisia1 ,bangladesh1 ,switzerland1 the ,organization of the ,islamic ,conference1 the ,arab ,league1 the ,palestine ,liberation ,organization1 and a number of other organizations and countries4 7#bg7 ,during ,durban ,,ii1 several speakers who sought to draw attention to genuine instances of racism1 racial discrimination1 xenophobia1 related intolerance1 and human rights violations by the governments of ,iran1 ,libya1 and ,china were repeatedly interrupted by the delegations from those governments and instructed by the conference's chair to not refer specifically to those governments4 7#bh7 ,on ,december #ah1 #bjji1 the ,united ,nations ,general ,assembly approved ,resolution ,a_/,,res_/#fd_/adh1 which urged the full and effective implementation of the ,durban ,declaration and ,programme of ,action and called for a one-day plenary event to commemorate the ten-year anniversary of ,durban ,i during the high-level segment of the ,general ,assembly to be devoted to racism1 racial discrimination1 xenophobia1 and related intolerance during its sixty-fifth session1 in #bjaa4 ,the ,united ,states1 joined by #ab other nations1 voted against this resolution4 7#bi7 ,on ,december #bd1 #bjaj1 the ,united ,nations ,general ,assembly adopted ,resolution ,a_/,,res_/#fe_/bdj1 authorizing the holding of a one-day high-level meeting of the ,general ,assembly to commemorate the tenth anniversary of the adoption of the ,durban ,declaration and ,programme of ,action1 at the level of ,heads of ,state and ,government1 on the second day of the general debate of the sixty-sixth session in ,september of #bjaa4 ,the resolution also states that the meeting 7commonly referred to as ,durban ,,iii7 will adopt a political declaration aimed at mobilizing political will at the national1 regional1 and international levels for the full and effective implementation of the ,durban ,declaration and ,programme of ,action and its follow-up processes44 ,the resolution also requests that the ,united ,nations ,secretary ,general establish a programme of outreach1 with the involvement of ,member ,states and ,united ,nations funds and programmes as well as civil society1 including non-governmental organizations1 to appropriately commemorate the tenth anniversary of the adoption of the ,durban ,declaration and ,programme of ,action4 ,the resolution also requests that the ,office of the ,united ,nations ,high ,commissioner for ,human ,rights and the ,department of ,public ,information of the ,secretariat ''' launch a public information campaign for the commemoration of the tenth anniversary of the adoption of the ,durban ,declaration and ,programme of ,action4 ,the ,united ,states1 joined by #ba other nations1 voted against this resolution4 7#cj7 ,the ,government of ,canada announced that it would not participate in the ,durban ,,iii meeting4 ,canadian ,minister of ,citizenship1 ,immigration1 and ,multiculturalism ,jason ,kenney stated that ,our government has lost faith in the entire tainted ,durban process4 ,canada will not participate in this charade any longer4 ,we will not lend our country's good name to a commemoration of what has widely been characterized as a hatefest ''' ,canada is clearly committed to the fight against racism1 but the ,durban process commemorates an agenda that actually promotes racism rather than combats it44 7#ca7 ,the ,government of ,israel announced that it would not participate in the ,durban ,,iii meeting1 stating that ,israel is part of the international struggle against racism4 ,the ,jewish people was itself a victim of racism throughout history4 ,israel regrets that a resolution on an important subject--elimination of racism--has been diverted and politicized by the automatic majority at the ,,un1 by linking it to the ,durban ,declaration and ,programme of ,action 7#bjja7 that many states would prefer to forget4 ,the ,durban ,conference of #bjja1 with its antisemitic undertones and displays of hatred for ,israel and the ,jewish ,world1 left us with scars that will not heal quickly ''' ,under the present circumstances1 as long as the ,durban ,,iii meeting is defined as part of the infamous ,durban process1 ,israel will not participate '''4 7#cb7 ,on ,june #b1 #bjaa1 the ,united ,states publicly announced that it would not participate in the ,durban ,,iii meeting4 ,the ,department of ,state's deputy spokesman stated that the ,durban process includes displays of intolerance and anti-,semitism1 and we don't want to see that commemorated4 ,in our conversations about this commemoration1 we've not seen the kind of progress that we think is indicative4 ,we remain unconvinced that the conference is moving in a new direction44 7#cc7 ,the ,governments of ,australia1 ,austria1 ,bulgaria1 the ,czech ,republic1 ,france1 ,germany1 ,italy1 ,latvia1 the ,netherlands1 ,new ,zealand1 ,poland1 and the ,united ,kingdom also did not participate in the ,durban ,,iii meeting4 7#cd7 ,on ,september #bb1 #bjaa1 at the ,durban ,,iii meeting1 the ,united ,nations ,general ,assembly adopted ,resolution ,a_/,,res_/#ff_/c1 a political declaration which reaffirmed that the ,durban ,declaration and ,programme of ,action ''' and the outcome document of ,durban ,,ii ''' are a comprehensive ,united ,nations framework and solid foundation for combating racism1 racial discrimination1 xenophobia1 and related intolerance1 recalled that the aim of ,durban ,,iii is to mobilize political will at the national1 regional and international levels and reaffirm our political commitment to the full and effective implementation of the ,durban ,declaration and ,programme of ,action and the outcome document of ,durban ,,ii1 and their follow-up processes1 at all these levels1 and welcomed the continued engagement of the ,united ,nations ,high ,commissioner for ,human ,rights to incorporate the implementation of the ,durban ,declaration and ,programme of ,action into the ,united ,nations system4 7#ce7 ,on ,september #bb1 #bjaa1 the ,white ,house ,press ,secretary stated that ,since its inception ''' the ,durban process has included ugly displays of intolerance and anti-,semitism ''' ,last ,december1 the ,united ,states voted against the resolution establishing ,durban ,,iii because we did not want to see the hateful and anti-,semitic displays of the #bjja ,durban ,conference commemorated4 ,over the last few months1 we did not participate in negotiations on ,durban ,,iii's ,political ,declaration document and1 like many other countries1 we were not present when the ,declaration was adopted4 ,we are also deeply disappointed that the rules established for credentialing non-governmental organizations to participate were used by some delegations to silence voices critical of the ,durban process44 7#cf7 ,durban ,i1 ,durban ,,ii1 ,durban ,,iii1 and their preparatory and follow-on activities1 have made little or no demonstrable contribution to combating racism1 racial discrimination1 xenophobia1 and related intolerance4 7#cg7 ,to date1 several million dollars from the ,united ,nations regular budget has been expended on ,durban ,i1 ,durban ,,ii1 ,durban ,,iii1 and their preparatory and follow-on activities4 7#ch7 ,the ,united ,states is the largest contributor to the ,united ,nations system1 and is assessed for a full #bb percent of the ,united ,nations regular budget1 which is funded by assessed contributions from ,member ,states4 7#ci7 ,funding for ,durban ,i1 ,durban ,,ii1 ,durban ,,iii1 and their preparatory and follow-on activities through the ,united ,nations regular budget has resulted in ,united ,states taxpayer dollars being used for those purposes4 7#dj7 ,congress1 through its adoption of the ,consolidated ,appropriations ,act1 #bjjh 7,public ,law #aaj-afa7 withheld from the ,united ,states assessed contribution for fiscal year #bjjh to the ,united ,nations regular budget an amount equivalent to the ,united ,states share of the ,united ,nations ,human ,rights ,council budget1 including its share of the ,council-administered preparatory process for ,durban ,,ii4 #gjb4 ,sense of ,congress2 statement of policy 7a7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the ,durban ,i1 ,durban ,,ii1 and ,durban ,,iii conferences1 and their preparatory and follow-on activities1 were subverted by members of the ,organization of the ,islamic ,conference and irredeemably distorted into a forum for anti-,israel1 anti-,semitic1 and anti-freedom activity2 7#b7 by walking out of the ,durban ,i conference1 and by not participating in the ,durban ,,ii conference1 and announcing that it would not participate in the ,durban ,,iii meeting1 the ,united ,states ,government upheld and reaffirmed the fundamental commitment of the ,united ,states to combating racism1 racial discrimination1 xenophobia1 and related intolerance2 7#c7 the ,governments of ,canada1 ,israel1 ,italy1 ,germany1 the ,netherlands1 ,poland1 ,australia1 ,new ,zealand1 and the ,czech ,republic should be commended for their decision to not participate or cease participation in the ,durban ,,ii conference2 7#d7 the ,governments of ,australia1 ,austria1 ,bulgaria1 ,canada1 the ,czech ,republic1 ,france1 ,germany1 ,israel1 ,italy1 ,latvia1 the ,netherlands1 ,italy1 ,new ,zealand1 ,poland1 and the ,united ,kingdom should be commended for their decision to not participate in ,durban ,,iii2 and 7#e7 the ,administration should expeditiously and unequivocally announce that it will not participate in1 support1 or legitimize any part of the ,durban process4 7b7 ,statement of policy ,it shall be the policy of the ,united ,states to-- 7#a7 lead a high-level diplomatic effort to encourage other responsible countries-- 7,a7 not to participate in1 support1 legitimize1 or fund any part of the ,durban process1 and 7,b7 to withhold from their respective contributions 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 any part of the ,durban ,,iii meeting or its preparatory or follow-on activities1 or for any other part of the ,durban process2 and 7#b7 lead a high-level diplomatic effort to explore credible1 alternative forums for combating racism1 racial discrimination1 xenophobia1 and related intolerance4 #gjc4 ,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 process4 #gjd4 ,withholding of funds2 refund of ,united ,states taxpayer dollars 7a7 ,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 conferences1 the ,durban ,,iii meeting1 their preparatory or follow-on activities1 or any other part of the ,durban process1 including-- 7#a7 the public information campaign for the commemoration of the tenth anniversary of the adoption of the ,durban ,declaration and ,programme of ,action requested by ,united ,nations ,general ,assembly ,resolution ,a4,,res_/#fe_/bdj2 7#b7 the ,intergovernmental ,working ,group on the ,effective ,implementation of the ,durban ,declaration and ,programme of ,action2 7#c7 the group of independent eminent experts on the implementation of the ,durban ,declaration and ,programme of ,action2 and 7#d7 the ,ad ,hoc ,committee on the ,elaboration of ,complementary ,standards4 7b7 ,withholding of funds for other biased and compromised activities ,until the ,secretary of ,state submits to the appropriate congressional committees a certification1 on a case-by-case basis1 that the requirements described in subsection 7d7 have been satisfied1 the ,united ,states 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 has been allocated by the ,united ,nations for any conference1 meeting1 or other multilateral forum1 or the preparatory or follow-on activities of any conference1 meeting1 or other multilateral forum1 that is organized under the aegis or jurisdiction of the ,united ,nations or of any ,united ,nations ,entity4 7c7 ,refund of united states taxpayer dollars 7#a7 ,in general ,funds appropriated for use as a ,united ,states contribution to the regular budget of the ,united ,nations but withheld from obligation and expenditure pursuant to subsection 7a7 shall immediately revert to the ,united ,states ,treasury and shall not be considered arrears to be repaid to any ,united ,nations ,entity4 7#b7 ,allowance ,funds appropriated for use as a ,united ,states contribution to the regularly assessed biennial budget of the ,united ,nations but withheld from obligation and expenditure pursuant to subsection 7b7 may be obligated and expended for that purpose upon the certification described in subsection 7d74 ,such funds shall revert to the ,united ,states ,treasury if no such certification is made by the date that is one year after such appropriation1 and shall not be considered arrears to be repaid to any ,united ,nations ,entity4 7d7 ,certification ,the certification referred to in subsection 7b7 is a certification made by the ,secretary of ,state to the appropriate congressional committees concerning the following3 7#a7 ,the specified conference1 meeting1 or other multilateral forum did not reaffirm1 call for the implementation of1 or otherwise support the ,durban ,declaration and ,programme of ,action 7#bjja7 or the outcome document of the ,durban ,,ii conference 7#bjji7 or the ,durban ,,iii meeting 7#bjaa74 7#b7 ,the specified conference or forum was not used to single out the ,united ,states or the ,state of ,israel for unfair or unbalanced criticism4 7#c7 ,the specified conference or forum was not used to propagate racism1 racial discrimination1 anti-,semitism1 denial of the ,holocaust1 incitement to violence or genocide1 xenophobia1 or related intolerance4 7#d7 ,the specified conference or forum was not used to advocate for restrictions on the freedoms of speech1 expression1 religion1 the press1 assembly1 or petition1 or for restrictions on other fundamental human rights and freedoms4 7#e7 ,the leadership of the specified conference or forum does not include a ,member ,state1 or a representative from a ,member ,state-- 7,a7 subject to sanctions by the ,security ,council2 7,b7 under a ,security ,council-mandated investigation for human rights abuses2 or 7,c7 the government of which the ,secretary of ,state has determined1 for purposes of section #f7;j7 of the ,export ,administration ,act of #aigi 7as continued in effect pursuant to the ,international ,emergency ,economic ,powers ,act71 section #dj of the ,arms ,export ,control ,act1 section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 or other provision of law1 is a government that has repeatedly provided support for acts of international terrorism4 ,,viii ,,unrwa #hja4 ,findings ,congress makes the following findings3 7#a7 ,united ,nations ,general ,assembly ,resolution #cjb 7#aidi7 created the ,united ,nations ,relief and ,works ,agency for ,palestine ,refugees in the ,near ,east 7,,unrwa7 with the temporary1 strictly humanitarian mandate to carry out ''' direct relief and works programmes for ,palestinian refugees4 7#b7 ,,unrwa has acknowledged that it is the only ,,un agency that reports directly to the ,,un ,general ,assembly1 and whose beneficiary population stems from one nation-group1 and is responsible solely for ,palestinian refugees1 while the ,united ,nations ,high ,commissioner for ,refugees 7,,unhcr7 is responsible for other refugees across the world4 7#c7 ,,unhcr's definition of a refugee is1 in accordance with the #aiea ,convention ,relating to the ,status of ,refugees1 any person who owing to a well-founded fear of being persecuted for reasons of race1 religion1 nationality1 membership of a particular social group1 or political opinion1 is outside the country of his nationality1 and is unable to or1 owing to such fear1 is unwilling to avail himself of the protection of that country '''4 7#d7 ,,unrwa's much broader definition of a ,palestine refugee is any person1 and his descendants1 whose normal place of residence was the former ,british ,mandate of ,palestine during the period #a ,june #aidf to #ae ,may #aidh and who lost both home and means of livelihood as a result of the #aidh conflict44 7#e7 ,,unrwa's overly inclusive definition of a ,palestine refugee has resulted in an increase in ,,unrwa's reported number of ,palestine refugees from under #a1jjj1jjj in #aiej to over #e1jjj1jjj today1 encompassing multiple generations of descendants of the original ,palestinian refugees4 7#f7 ,hundreds of thousands of ,palestine refugees are citizens of recognized states1 including ,jordan4 7#g7 ,,unrwa1 unlike ,,unhcr1 does not offer refugees the option of resettlement and reintegration into their country of refuge or a third country4 ,efforts by ,,un officials in the #aiejs to offer resettlement and reintegration as an option for ,palestinian refugees were dropped under fierce opposition from ,arab governments1 and have not been taken up since4 7#h7 ,through its overly inclusive definition of a ,palestine refugee and its refusal to offer refugees the option of resettlement and reintegration1 ,,unrwa contributes to the perpetuation of the suffering of ,palestinian refugees1 who have been exploited by ,arab governments and ,palestinian militant groups for over six decades as a political tool with which to assail ,israel4 7#i7 ,almost all of ,,unrwa's almost #cj1jjj staff are ,palestinian refugees themselves1 presenting a clear conflict of interest4 7#aj7 ,,unrwa's total annual budget1 including its core programs1 emergency activities and special projects1 exceeds almost #a1jjj1jjj1jjj4 7#aa7 ,the ,united ,states has long been the largest single contributing country to ,,unrwa4 7#ab7 ,from #aiej to #bjaj1 the ,united ,states has contributed almost #c1ijj1jjj1jjj to ,,unrwa1 including an average of over #baj1jjj1jjj per year between fiscal years #bjjg and #bjaj4 7#ac7 ,section #cja7;c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbba7;c77 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 ,palestine ,liberation ,army or any other guerrilla type organization or who has engaged in any act of terrorism44 7#ad7 ,then-,deputy ,secretary of ,state ,jacob ,j4 ,lew testified before the ,house ,committee on ,foreign ,affairs on ,may #ac1 #bjji1 that ,we have the highest level of scrutiny in terms of ,,unrwa4 7#ae7 ,however1 in contravention of ,united ,states law1 ,,unrwa does not ask its personnel or aid recipients if they are members of ,foreign ,terrorist ,organizations4 7#af7 ,even though the ,united ,states remains the largest single contributing country to ,,unrwa1 until #bjaj1 ,,unrwa did not make available its list of staff for screening through ,united ,states watch lists1 including that of the ,department of the ,treasury's ,office of ,foreign ,assets ,control1 refused a ,united ,states request to do so in #bjje1 and still does not do so for its list of aid recipients4 7#ag7 ,,unrwa claims that it has fulfilled its obligations under section #cja7;c7 of the ,foreign ,assistance ,act of #aifa by screening personnel through the ,united ,nations ,consolidated ,list pursuant to ,united ,nations ,security ,council ,resolution #abfg1 but the names on that list are largely members of ,al-,qaeda and the ,taliban1 not of ,palestinian ,foreign ,terrorist ,organizations such as ,hamas1 ,fatah's al-,aqsa ,martyrs' ,brigades1 or ,palestinian ,islamic ,jihad4 7#ah7 ,former ,,unrwa commissioner-general ,peter ,hansen1 stated in #bjjd that ,i am sure that there are ,hamas members on the ,,unrwa payroll and ,i don't see that as a crime44 7#ai7 ,a number of ,,unrwa personnel have been discovered to be affiliated with ,foreign ,terrorist ,organizations1 including1 inter alia-- 7,a7 ,issa ,batran 7now deceased71 a commander of ,hamas's al-,aqsa ,martyrs' ,brigades and senior rocket-maker who taught at an ,,unrwa school in ,gaza2 7,b7 ,humam ,khalil ,abu ,mulal al-,balawi 7now deceased71 who reportedly carried out a homicide bombing that killed seven ,americans and one ,jordanian at ,forward ,operating ,base ,chapman in ,afghanistan on ,december #cj1 #bjji1 reportedly worked as a physician at an ,,unrwa clinic in ,amman1 ,jordan1 and had longstanding ties to violent ,islamist extremism2 7,c7 ,said ,siam 7now deceased71 a longtime ,hamas official who eventually served as ,hamas's ,interior ,minister in ,gaza1 and who taught at an ,,unrwa school in ,gaza2 7,d7 ,awad al-,qiq 7now deceased71 a rocket-builder for ,palestinian ,islamic ,jihad who served as headmaster of an ,,unrwa school in ,gaza2 7,e7 ,nahd ,atallah1 an ,,unrwa staff member in ,gaza1 who was arrested1 convicted1 and sentenced to #ae 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 militants2 and 7,f7 an ,,unrwa teacher who reportedly praised homicide bombers and permitted ,hamas leader ,ahmed ,yassin 7now deceased7 to speak to an assembly of students at an ,,unrwa school4 ,,unrwa did not terminate the teacher's employment1 instead only giving him a letter of censure4 7#bj7 ,,unrwa staff unions1 including the teachers' union1 are frequently controlled by members affiliated with ,hamas4 7#ba7 ,former ,,unrwa general counsel ,james ,lindsay noted in a #bjji report that-- 7,a7 ,,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 ,organizations1 in accordance with section #cja7;c7 of the ,foreign ,assistance ,act of #aifa2 7,b7 ,,unrwa makes no attempt to weed out individuals who support extremist positions ''' ,,unrwa has taken very few steps to detect and eliminate terrorists from the ranks of its staff or its beneficiaries1 and no steps at all to prevent members of terrorist organizations1 such as ,hamas1 from joining its staff42 7,c7 ,it is rare for an area staff member ''' to report or confirm that another staff member has violated rules against political speech1 let alone exhibited ties to terrorism4 ,not surprisingly1 external allegations of improper speech or improper use of ,,unrwa facilities are difficult to prove1 as virtually no one is willing to be a witness against gang members42 and 7,d7 ,there are no formal procedures for deregistering or denying services to a properly registered refugee1 no matter what he or she does44 7#bb7 ,the late ,representative ,tom ,lantos1 in a ,may #ac1 #bjjb1 letter1 expressed his concern that-- 7,a7 ,,unrwa is perpetuating1 rather than ameliorating1 the situation of ,palestinian refugees2 7,b7 ,,unrwa officials have ''' failed to prevent their camps from becoming centers of terrorist activity2 and 7,c7 for too long1 ,,unrwa has been part of the problem1 rather than the solution1 in the ,middle ,east ''' ,,unrwa camps have fostered a culture of anger and dependency that undermines both regional peace and the well-being of the camps inhabitants4 7#bc7 ,,unrwa has long held accounts at the ,arab ,bank and the ,commercial ,bank of ,syria 7,,cbs71 financial institutions that the ,united ,states deems or believes to be complicit in money laundering and terror financing4 7#bd7 ,the ,arab ,bank is reportedly at the center of ,united ,states investigations into how tens of millions of dollars have flowed to ,palestinian groups that allegedly used some of those funds to pay off suicide bombers and their relatives1 and is also reportedly being sued in ,federal court by ,american victims of attacks in ,israel1 with attorneys for the victims accusing the bank of facilitating ,acts of ,international ,terrorism4 7#be7 ,on ,may #aa1 #bjjd1 the ,department of the ,treasury designated ,,cbs as a financial institution of primary money laundering concern pursuant to section #caa of the ,,usa ,patriot ,act1 stating that ,,cbs had been used by terrorists and their sympathizers 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 indicative of terrorist financing and money laundering have been transferred through ,,cbs1 including two accounts at ,,cbs that reference a reputed financier for ,usama bin ,laden44 7#bf7 ,on ,august #aj1 #bjaa1 the ,department of the ,treasury designated ,,cbs1 pursuant to ,executive ,order #acchb1 for serving as an agent for designated ,syrian and ,north ,korean proliferators4 7#bg7 ,,cbs is controlled by the ,government of ,syria1 a ,state ,sponsor of ,terrorism4 7#bh7 ,the curriculum of ,,unrwa schools1 which use the textbooks of their respective host governments or authorities1 has long contained materials that are anti-,israel1 anti-,semitic1 and supportive of violent extremism4 7#bi7 ,as far back as over forty years ago1 former ,,unrwa commissioner-general ,laurence ,michelmore admitted that ,,unrwa schools were supporting a bitterly hostile attitude to ,israel44 7#cj7 ,former ,,unrwa general counsel ,james ,lindsay noted in a ,january #bjji report that ,teachers in ,,unrwa schools were often afraid to remove posters glorifying martyrs 7including suicide bombers7 for fear of retribution from armed supporters of the martyrs44 7#ca7 ,,unrwa officials have compromised ,,unrwa's strictly humanitarian mandate by engaging in political agitation1 propaganda1 and advocacy agitation against ,israel and in favor of ,hamas1 as reflected by the following1 inter alia3 7,a7 ,,unrwa officials have repeatedly called for the ,united ,states and other nations to deal directly with ,hamas and have repeatedly called for political reconciliation between ,hamas and ,fatah4 7,b7 ,,unrwa officials have repeatedly castigated ,israel for her actions to defend innocent civilians from rocket and mortar attacks from violent extremist groups in ,gaza and from other ,acts of ,international ,terrorism1 and has repeatedly blamed ,israel1 not ,hamas and other violent extremist groups1 for present restrictions on access to ,gaza4 7,c7 ,former ,,unrwa general counsel ,james ,lindsay noted in a #bjji report that3 ,although it occasionally issued mild1 pro forma criticisms of ,palestinian attacks 7most of which were clearly war crimes71 ,,unrwa put more effort into criticizing ,israeli counterterrorism efforts 7which were condemned using language associated with war crimes1 though any such crimes were far from proved7 ''' ,,unrwa never seems to acknowledge that ,israel1 since its #bjje withdrawal from ,gaza1 has launched strikes on the territory largely in order to halt rocket attacks and other assaults44 7,d7 ,lindsay also noted that ,,unrwa--through its leaders and press spokespersons--is constantly involved in political speech 4 4 4 ,these one-sided speeches on political matters do not further the goals of a humanitarian and supposedly nonpolitical agency44 7,e7 ,,unrwa ,commissioner-,general ,filippo ,grandi described as a massacre ,israel's ,may #ca1 #bjaj1 naval operation1 and use of self-defense measures1 to seize the ,mavi ,marmara ship in order to enforce its naval blockade of the ,gaza ,strip4 7,f7 ,former ,,unrwa commissioner-general ,karen ,abu,zayd stated in a #bjji meeting with ,congressional staff that ,we ,,unrwa are not just humanitarian44 7,g7 ,in ,january of #bjji1 ,,unrwa spokesman ,christopher ,gunness called for an investigation as to whether ,israel had committed a war crime4 7,h7 ,on ,december #cj1 #bjjh1 former ,,unrwa commissioner-general ,karen ,abu,zayd stated that only ,israel was responsible for the start of the most recent conflict in ,gaza4 7,i7 ,on ,may #be1 #bjjh1 in an interview with ,press ,,tv1 which is controlled by the ,government of ,iran1 former ,,unrwa commissioner-general ,karen ,abu,zayd reportedly claimed that ,hamas was free from corruption and more popular than ever4 7,j7 ,on ,october #e1 #bjjg1 former ,,unrwa commissioner-general ,karen ,abu,zayd blamed ,israel for violent extremist groups in ,gaza launching rockets and mortars against ,israeli civilian targets1 stating that residents of ,gaza have absorbed--and continue to experience--military incursions in which civilian lives1 livelihoods1 and property have been destroyed1 and to which they have responded with the continuous firing of ,qassam rockets into ,israel44 7,k7 ,on ,march #h1 #bjjg1 former ,,unrwa commissioner-general ,karen ,abu,zayd1 comparing the #aidh ,arab-,israeli ,war with more recent conflicts between ,israel and ,palestinian militant groups1 stated that ,there is a striking historical continuity in the systematic approach to use overwhelming and disproportionate force in the name of security2 to separate and exclude ,palestinians from the mainstream2 to eject them from their land2 and to occupy ,palestinian land44 7,l7 ,on ,january #ai1 #bjje1 former ,,unrwa commissioner-general ,peter ,hansen stated that ,my job is to represent the refugees44 7,m7 ,in #bjjb1 former ,,unrwa commissioner-general ,peter ,hansen falsely accused ,israel of carrying out a massacre in ,,unrwa's ,jenin refugee camp after ,israeli forces entered the camp1 a base of operations for ,palestinian militant groups1 to carry out defensive operations to halt repeated homicide bombings in ,israel4 7,n7 ,in #aifd1 ,,unrwa allowed its staff to attend the conference in ,jerusalem where the ,palestine ,liberation ,organization 7,,plo7 was established4 7#cb7 ,despite ,,unrwa's contravention of ,united ,states law and activities that compromise its strictly humanitarian mandate1 ,,unrwa continues to receive ,united ,states contributions1 including #bcc1cjj1jjj in fiscal year #bjab4 7#cc7 ,the bilateral ,framework for ,cooperation that the ,united ,states concluded with ,,unrwa for #bjab actually commends ,,unrwa and does not commit ,,unrwa to vetting its aid recipients through ,united ,states watch lists4 7#cd7 ,assistance from the ,united ,states and other responsible nations allows ,,unrwa to claim that criticisms of the agency's behavior are unfounded4 ,,unrwa spokesman ,christopher ,gunness has dismissed concerns by stating that ,if these baseless allegations were even halfway true1 do you really think the ,u4,s4 and ,european ,commission would give us hundreds of millions of dollars per year84 7#ce7 ,former ,,unrwa general counsel ,james ,lindsay noted in a #bjji report that3 7,a7 ,the ,united ,states1 despite funding nearly #ge percent of ,,unrwa's national budget and remaining its largest single country donor1 has mostly failed to make ,,unrwa reflect ,u4,s4 foreign policy objectives ''' ,recent ,u4,s4 efforts to shape ,,unrwa appear to have been ineffective '''2 7,b7 ,the ,united ,states is not obligated to fund agencies that refuse to check its rolls for individuals their donors do not wish to support42 7,c7 ,a number of changes in ,,unrwa could benefit the refugees1 the ,middle ,east1 and the ,united ,states1 but those changes will not occur unless the ,united ,states1 ideally with support from ,,unrwa's other main financial supporter1 the ,european ,union1 compels the agency to enact reforms42 and 7,d7 ,if the ,,unrwa commissioner-general's power is used in ways that are conflict with the donors political objectives1 it is up to the donors to take the necessary actions to ensure that their interests are respected4 ,when they have done so1 ,,unrwa--given the tight financial leash it has been on for most of its existence--has tended to follow their dictates1 even if sometimes slowly4 7#cf7 ,the ,government of ,canada has placed restrictions on its contributions to ,,unrwa1 demonstrating consequences for ,,unrwa's malfeasance and setting an example for the ,united ,states and other donor governments4 #hjb4 ,united ,states contributions to ,,unrwa ,section #cja of the ,foreign ,assistance ,act of #aifa is amended by striking subsection 7c7 and inserting the following new subsection3 7c7 7#a7 ,withholding ,contributions by the ,united ,states to the ,united ,nations ,relief and ,works ,agency for ,palestine ,refugees in the ,near ,east 7,,unrwa71 to any successor or related entity1 or to the regular budget of the ,united ,nations for the support of ,,unrwa or a successor entity 7through staff positions provided by the ,united ,nations ,secretariat1 or otherwise71 may be provided only during a period for which a certification described in paragraph 7#b7 is in effect4 7#b7 ,certification ,a certification described in this paragraph is a written determination by the ,secretary of ,state1 based on all information available after diligent inquiry1 and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefor1 that-- 7,a7 no official1 employee1 consultant1 contractor1 subcontractor1 representative1 or affiliate of ,,unrwa-- 7i7 is a member of a ,foreign ,terrorist ,organization2 7ii7 has propagated1 disseminated1 or incited anti-,american1 anti-,israel1 or anti-,semitic rhetoric or propaganda2 or 7iii7 has used any ,,unrwa resources1 including publications or ,web sites1 to propagate or disseminate political materials1 including political rhetoric regarding the ,israeli-,palestinian conflict2 7,b7 no ,,unrwa school1 hospital1 clinic1 other facility1 or other infrastructure or resource is being used by a ,foreign ,terrorist ,organization for operations1 planning1 training1 recruitment1 fundraising1 indoctrination1 communications1 sanctuary1 storage of weapons or other materials1 or any other purposes2 7,c7 ,,unrwa is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use1 receipt1 or diversion of any ,,unrwa resources by any foreign terrorist organization or members thereof2 7,d7 no ,,unrwa-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-,american1 anti-,israel1 or anti-,semitic rhetoric1 propaganda or incitement2 7,e7 no recipient of ,,unrwa funds or loans is a member of a ,foreign ,terrorist ,organization2 and 7,f7 ,,unrwa holds no accounts or other affiliations with financial institutions that the ,united ,states deems or believes to be complicit in money laundering and terror financing4 7#c7 ,definitions ,in this section3 7,a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7i7 the ,committees on ,foreign ,affairs1 ,appropriations1 and ,oversight and ,government ,reform of the ,house of ,representatives2 and 7ii7 the ,committees on ,foreign ,relations1 ,appropriations1 and ,homeland ,security and ,governmental ,affairs of the ,senate4 7,b7 ,foreign terrorist organization ,the term ,foreign ,terrorist ,organization means an organization designated as a ,foreign ,terrorist ,organization by the ,secretary of ,state in accordance with section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a774 7#d7 ,effective ,duration of ,certification ,the certification described in paragraph 7#b7 shall be effective for a period of #ahj days from the date of transmission to the appropriate congressional committees1 or until the ,secretary receives information rendering that certification factually inaccurate1 whichever is earliest4 ,in the event that a certification becomes ineffective1 the ,secretary shall promptly transmit to the appropriate congressional committees a description of any information that precludes the renewal or continuation of the certification4 7#e7 ,limitation ,during a period for which a certification described in paragraph 7#b7 is in effect1 the ,united ,states may not contribute to the ,united ,nations ,relief and ,works ,agency for ,palestine ,refugees in the ,near ,east 7,,unrwa7 or a successor entity an annual amount-- 7,a7 greater than the highest annual contribution to ,,unrwa made by a member country of the ,league of ,arab ,states2 7,b7 that1 as a proportion of the total ,,unrwa budget1 exceeds the proportion of the total budget for the ,united ,nations ,high ,commissioner for ,refugees 7,,unhcr7 paid by the ,united ,states2 or 7,c7 that exceeds #bb percent of the total budget of ,,unrwa4 4 #hjc4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,president and the ,secretary of ,state should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to ,,unrwa1 to any successor or related entity1 or to the regular budget of the ,united ,nations for the support of ,,unrwa or a successor entity 7through staff positions provided by the ,united ,nations ,secretariat1 or otherwise7 until ,,unrwa has met the conditions listed in subparagraphs 7,a7 through 7,f7 of section #cja7;c77#b7 of the ,foreign ,assistance ,act of #aifa 7as added by section #hjb of this ,act72 7#b7 citizens of recognized states should be removed from ,,unrwa's jurisdiction2 7#c7 ,,unrwa's definition of a ,palestine refugee should be changed to that used for a refugee by the ,office of the ,united ,nations ,high ,commissioner for ,refugees2 and 7#d7 in order to alleviate the suffering of ,palestinian refugees1 responsibility for those refugees should be fully transferred to the ,office of the ,united ,nations ,high ,commissioner for ,refugees4 ,,ix ,,international ,,atomic ,,energy ,,agency #ija4 ,technical cooperation program 7a7 ,findings ,congress makes the following findings3 7#a7 ,the ,international ,atomic ,energy ,agency 7,,iaea7 was established in #aieg with the objectives of seeking to accelerate and enlarge the contribution of atomic energy to peace1 health and prosperity throughout the world and to ensure ''' that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose44 7#b7 ,the ,united ,states1 via assessed contributions1 is the largest financial contributor to the regular budget of the ,,iaea4 7#c7 ,in #aiei1 the ,,iaea established what is now called the ,technical ,cooperation ,program1 financed primarily through voluntary contributions by member states to the ,technical ,cooperation ,fund1 to provide nuclear technical cooperation 7,,tc7 for peaceful purposes to countries worldwide4 7#d7 ,the ,united ,states is the largest financial contributor to the ,,iaea's ,technical ,cooperation ,fund4 7#e7 ,a ,march #bjji report by the ,government ,accountability ,office 7,,gao7 found that neither the ,department of ,state nor ,,iaea seeks to systematically limit ,,tc assistance to countries the ,united ,states has designated as state sponsors of terrorism--,cuba1 ,iran1 ,sudan1 and ,syria--even though under ,u4,s4 law these countries are subject to sanctions44 7#f7 ,the ,,gao report also found that ,together1 ,cuba1 ,iran1 ,sudan1 and ,syria received more than #ee million in ,,tc assistance from #aiig through #bjjg44 ,these four countries have received continued assistance since #bjjg4 7#g7 ,the ,,gao report also found that proliferation concerns about the ,technical ,cooperation ,program have persisted because of the assistance it has provided to certain countries and because nuclear equipment1 technology1 and expertise can be dual-use--capable of serving peaceful purposes ''' but also useful in contributing to nuclear weapons development44 7#h7 ,the ,,gao report also found that ,the ,state ,department reported in #bjjg that three ,,tc projects in ,iran were directly related to the ,iranian nuclear power plant at ,bushehr44 7#i7 ,the ,,gao report also found that ,the proliferation concerns associated with the ,technical ,cooperation ,program are difficult for the ,united ,states to fully identify1 assess1 and resolve ''' because there is no formal mechanism for obtaining ,,tc project information during the proposal development phase ''' limited ,department of ,state documentation on how proliferation concerns of ,,tc proposals were resolved ''' and shortcomings in ,u4,s4 policies and ,,iaea procedures including monitoring proliferation risks related to ,,tc program fellowships44 7#aj7 ,the ,,gao report noted that ,,iaea officials told us that the technical cooperation program does not attempt to exclude countries on the basis of their status as ,united ,states--designated state sponsors of terrorism or other political considerations and that1 according to the ,deputy ,director ,general for the ,technical ,cooperation ,program1 there are no good countries and there are no bad countries with respect to provision of technical cooperation by the ,,iaea4 7#aa7 ,the ,,gao report also found that given the limited information available on ,,tc projects and the dual-use nature of some nuclear technologies and expertise1 we do not believe the ,state ,department can assert with complete confidence that ,,tc assistance has not advanced weapons of mass destruction programs in ,u4,s4-designated state sponsors of terrorism4 7#ab7 ,the ,,gao report also found that we do not share the ,state ,department's confidence in ,,iaea's internal safeguards to prevent ,,tc projects from contributing to weapons development '''4 7#ac7 ,the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 prohibited any of the funds authorized to be appropriated for ,international ,organizations and ,programs from being made available for the ,united ,states proportionate share for programs for ,libya1 ,iran1 ,cuba1 or the ,palestine ,liberation ,organization1 inter alia4 7#ad7 ,the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #aiih 7,public ,law #aje-aah7 prohibited any of the funds made available by such ,act for the ,,iaea from being made available for programs and projects of the ,,iaea in ,cuba4 7#ae7 ,the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7,public ,law #aje-bgg7 required the ,united ,states to withhold a proportionate share of funding to the ,,iaea for projects in ,cuba regarding the ,juragua ,nuclear ,power ,plant and the ,pedro ,pi ,nuclear ,research ,center4 7#af7 ,the ,,gao report asked ,congress to consider directing the ,state ,department to withhold a share of future annual contributions to the technical cooperation fund that is proportionate to the amount of funding provided from the fund for ,u4,s4-designated state sponsors of terrorism and other countries of concern1 noting that such a withholding is a matter of fundamental principle and intended to foster a more consistent ,united ,states policy toward such nations4 7#ag7 ,the ,,iaea has repeatedly reported that the ,government of ,iran continues its work on heavy water-related projects and its enrichment of uranium1 in violation of ,united ,nations ,security ,council ,resolutions #afif 7#bjjf71 #agcg 7#bjjf71 #agdg 7#bjjg71 #ahjc 7#bjjh71 #ahce 7#bjjh71 and #aibi 7#bjaj74 7#ah7 ,united ,nations ,security ,council ,resolution #agcg 7#bjjf7 decided that technical cooperation provided to ,iran by the ,,iaea or under its auspices shall only be for food1 agricultural1 medical1 safety or other humanitarian purposes inter alia ''' but that no such technical cooperation shall be provided that relates to ''' proliferation sensitive nuclear activities '''4 7#ai7 ,the ,,iaea ,director ,general reported to the ,,iaea ,board of ,governors on ,february #be1 #bjaa1 that the ,government of ,iran now has approximately #g1jjj centrifuges for enriching uranium1 is running almost #e1jjj of them1 and has increased its stockpile of low-enriched uranium to over #c1fjj kilograms1 considered sufficient for further enrichment into enough high-enriched uranium for more than one atomic bomb4 ,the ,government of ,iran has also reportedly produced a stockpile of over #dj kilograms of uranium enriched up to #bj percent ,u-#bce4 7#bj7 ,the ,,iaea ,director ,general has repeatedly reported to the ,,iaea ,board of ,governors1 including in his report of ,february #be1 #bjaa1 about the outstanding issues related to possible military dimensions to ,iran's nuclear programme4 7#ba7 ,the ,,iaea ,director ,general has repeatedly reported to the ,,iaea ,board of ,governors1 including in his report of ,february #be1 #bjaa1 that the ,,iaea remains concerned about the possible existence in ,iran of past or current undisclosed nuclear related activities involving military-related organizations1 including activities related to the development of a nuclear payload for a missile44 7#bb7 ,the ,,iaea ,director ,general has repeatedly reported to the ,,iaea ,board of ,governors1 including in his report of ,february #ai1 #bjji1 that ,iran has not implemented the ,additional ,protocol1 which is a prerequisite for the ,,iaea to provide credible assurance about the absence of undeclared nuclear material and activities4 ,nor has ,iran agreed to the ,,iaea's request that ,iran provide1 as a transparency measure1 access to additional locations related1 inter alia1 to the manufacturing of centrifuges1 research and development on uranium enrichment1 and uranium mining and milling1 as also required by the ,security ,council44 7#bc7 ,the ,,iaea ,director ,general has repeatedly reported to the ,,iaea ,board of ,governors1 including in his report of ,february #ai1 #bjji1 that as a result of the continued lack of cooperation by ,iran in connection with ''' issues which give rise to concerns about possible military dimensions of ,iran's nuclear programme1 the ,,iaea has made no substantive progress on these issues44 7#bd7 ,iran has refused to comply with resolutions adopted by the ,,iaea ,board of ,governors on ,september #ab1 #bjjc1 ,november #bf1 #bjjc1 ,march #ae1 #bjjd1 ,june #ah1 #bjjd1 ,november #bi1 #bjjd1 ,august #aa1 #bjje1 ,september #bd1 #bjje1 ,february #d1 #bjjf1 and ,july #ca1 #bjjf1 regarding ,iran's many failures and breaches of its obligations to comply with its ,,npt ,safeguards ,agreement and continues to block ,,iaea inspections of its nuclear facilities1 in violation of its ,,npt ,safeguards ,agreement4 7#be7 ,according to multiple news reports1 ,iran recently denied access to its enrichment site at ,natanz to ,,iaea inspectors1 and has also denied a request by the ,,iaea to place one or more additional surveillance cameras at the enrichment site at ,natanz4 7#bf7 ,in ,april of #bjjh1 ,united ,states ,government officials publicly revealed that ,syria was building at the ,dair ,alzour site1 with ,north ,korea's assistance1 a secret nuclear reactor that was based on a ,north ,korean model capable of producing plutonium for nuclear weapons and that was weeks away from becoming operational before an ,israeli air strike reportedly destroyed the reactor in ,september #bjjg4 7#bg7 ,on ,april #bh1 #bjjh1 ,general ,michael ,hayden1 the former ,director of the ,central ,intelligence ,agency1 stated that the ,syrian reactor at ,dair ,alzour could have produced enough plutonium for #a or #b bombs within a year of becoming operational4 7#bh7 ,the ,,iaea ,director ,general reported to the ,,iaea ,board of ,governors on ,november #ai1 #bjjh that the ,syrian facility at ,dair ,alzour bore features that resembled those of an undeclared nuclear reactor1 adding that ,syria has not yet provided the requested documentation in support of its declarations concerning the nature or function of the destroyed building1 nor agreed to a visit to the three other locations which the ,,iaea has requested to visit44 7#bi7 ,the ,,iaea ,director ,general publicly stated to the ,,iaea ,board of ,governors1 on ,june #ae1 #bjji1 that the limited information and access provided by ,syria to date have not enabled the ,agency to determine the nature of the destroyed facility at ,dair ,alzour site1 that uranium particles have been found in samples taken from a second site1 the ,miniature ,neutron ,source ,reactor facility in ,damascus1 and that the particles found at both sites are of a type not included in ,syria's declared inventory of nuclear material44 7#cj7 ,commercial satellite photos published on ,february #bc1 #bjaa1 indicate efforts by the ,government of ,syria to conceal its activities at an additional site1 ,marj as ,sultan1 which may be connected to the ,dair ,alzour facility4 7#ca7 ,the ,,iaea ,director ,general reported to the ,,iaea ,board of ,governors on ,february #be1 #bjaa1 that ,syria has not cooperated with the ,,iaea since ,june #bjjh in connection with the unresolved issues related to the ,dair ,alzour site and the other three locations allegedly functionally related to it4 ,as a consequence1 the ,,iaea has not been able to make progress towards resolving the outstanding issues related to those sites44 7b7 ,prohibition ,no funds from any ,united ,states assessed or voluntary contribution to the ,,iaea may be used to support any assistance provided by the ,,iaea through its ,technical ,cooperation program to any country1 including ,north ,korea that-- 7#a7 is a country the government of which has been determined by the ,secretary of ,state1 for purposes of section #f7;j7 of the ,export ,administration ,act of #aigi1 section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 section #dj of the ,arms ,export ,control ,act1 or other provision of law1 is a government that has repeatedly provided support for acts of international terrorism2 7#b7 is in breach of or noncompliance with its obligations regarding-- 7,a7 its safeguards agreement with the ,,iaea2 7,b7 the ,additional ,protocol2 7,c7 the ,nuclear ,non-,proliferation ,treaty2 7,d7 any relevant ,united ,nations ,security ,council ,resolution2 or 7,e7 the ,charter of the ,united ,nations2 or 7#c7 is under investigation for a breach of or noncompliance with the obligations specified in paragraph 7#b74 7c7 ,withholding of voluntary contributions ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,state shall withhold from the ,united ,states voluntary contribution to the ,,iaea an amount proportional to that spent by the ,,iaea in the period from #bjjg to #bjjh on assistance through its ,technical ,cooperation ,program to countries described in subsection 7b74 7d7 ,withholding of assessed contributions ,if1 not later than #cj days of the date of the enactment of this ,act1 the amount specified in subsection 7c7 has not been withheld and the ,,iaea has not suspended all assistance provided through its ,technical ,cooperation ,program to the countries described in subsection 7b71 an amount equal to that specified in subsection 7c7 shall be withheld from the ,united ,states assessed contribution to the ,,iaea4 7e7 ,waiver ,the provisions in subsections 7c7 and 7d7 may be waived if-- 7#a7 the ,,iaea has suspended all assistance provided through its ,technical ,cooperation ,program to the countries described in subsection 7b72 or 7#b7 the ,president certifies that the countries described in subsection 7b7 no longer pose a threat to the national security1 interests1 and allies of the ,united ,states4 7f7 ,united states actions at ,,iaea ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to block the allocation of funds for any assistance provided by the ,,iaea through its ,technical ,cooperation ,program to any country described in subsection 7b74 7g7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,president shall transmit to the appropriate congressional committees a report on the implementation of this section4 #ijb4 ,united ,states policy at the ,,iaea 7a7 ,enforcement and compliance 7#a7 ,office of compliance 7,a7 ,establishment ,the ,president shall direct the ,united ,states ,permanent ,representative to ,international ,atomic ,energy ,agency 7,,iaea7 to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to establish an ,office of ,compliance in the ,secretariat of the ,,iaea4 7,b7 ,operation ,the ,office of ,compliance shall-- 7i7 function as an independent body composed of technical experts who shall work in consultation with ,,iaea inspectors to assess compliance by ,,iaea ,member ,states and provide recommendations to the ,,iaea ,board of ,governors concerning penalties to be imposed on ,,iaea ,member ,states that fail to fulfill their obligations under ,,iaea ,board resolutions2 7ii7 base its assessments and recommendations on ,,iaea inspection reports2 and 7iii7 take into consideration information provided by ,,iaea ,board ,members that are #a of the #e nuclear weapons states as recognized by the ,treaty on the ,non-,proliferation of ,nuclear ,weapons 7#ba ,u4,s4,t4 #dhc7 7commonly referred to as the ,nuclear ,nonproliferation ,treaty or the ,,npt74 7,c7 ,staffing ,the ,office of ,compliance shall be staffed from existing personnel in the ,department of ,safeguards of the ,,iaea or the ,department of ,nuclear ,safety and ,security of the ,,iaea4 7#b7 ,committee on safeguards and verification ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to ensure that the ,committee on ,safeguards and ,verification established in #bjje shall develop and seek to put into force a workplan of concrete measures that will-- 7,a7 improve the ability of the ,,iaea to monitor and enforce compliance by ,member ,states of the ,,iaea with the ,nuclear ,nonproliferation ,treaty and the ,statute of the ,international ,atomic ,energy ,agency2 and 7,b7 enhance the ability of the ,,iaea1 beyond the verification mechanisms and authorities contained in the ,additional ,protocol to the ,safeguards ,agreements between the ,,iaea and ,member ,states of the ,,iaea1 to detect with a high degree of confidence undeclared nuclear activities by a ,member ,state4 7#c7 ,penalties with respect to the iaea 7,a7 ,in general ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to ensure that a ,member ,state of the ,,iaea that is under investigation for a breach of or noncompliance with its ,,iaea obligations or the purposes and principles of the ,charter of the ,united ,nations has its privileges suspended1 including-- 7i7 limiting its ability to vote on its case2 7ii7 being prevented from receiving any technical assistance2 and 7iii7 being prevented from hosting meetings4 7,b7 ,termination of penalties ,the penalties specified under subparagraph 7,a7 shall be terminated when such investigation is concluded and such ,member ,state is no longer in such breach or noncompliance4 7#d7 ,penalties with respect to the nuclear nonproliferation treaty ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to ensure that a ,member ,state of the ,,iaea that is found to be in breach of1 in noncompliance with1 or has withdrawn from the ,nuclear ,nonproliferation ,treaty shall return to the ,,iaea all nuclear materials and technology received from the ,,iaea1 any ,member ,state of the ,,iaea1 or any ,member ,state of the ,nuclear ,nonproliferation ,treaty4 7b7 ,united states contributions 7#a7 ,voluntary contributions ,voluntary contributions of the ,united ,states to the ,,iaea should primarily be used to fund activities relating to ,nuclear ,safety and ,security or activities relating to ,nuclear ,verification4 7#b7 ,limitation on use of funds ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to-- 7,a7 ensure that funds for safeguards inspections are prioritized for countries that have newly established nuclear programs or are initiating nuclear programs2 and 7,b7 block the allocation of funds for any other ,,iaea development1 environmental1 or nuclear science assistance or activity to a country-- 7i7 the government of which the ,secretary of ,state has determined1 for purposes of section #f7;j7 of the ,export ,administration ,act of #aigi1 section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 section #dj of the ,arms ,export ,control ,act1 or other provision of law1 is a government that has repeatedly provided support for acts of international terrorism and the government of which the ,secretary has determined has not dismantled and surrendered its weapons of mass destruction programs under international verification2 7ii7 that is under investigation for a breach of or noncompliance with its ,,iaea obligations or the purposes and principles of the ,charter of the ,united ,nations2 or 7iii7 that is in violation of its ,,iaea obligations or the purposes and principles of the ,charter of the ,united ,nations4 7#c7 ,detail of expenditures ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to secure1 as part of the regular budget presentation of the ,,iaea to ,member ,states of the ,,iaea1 a detailed breakdown by country of expenditures of the ,,iaea for safeguards inspections and nuclear security activities4 7c7 ,membership 7#a7 ,in general ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to block the membership on the ,board of ,governors of the ,,iaea for a ,member ,state of the ,,iaea that has not signed and ratified the ,additional ,protocol and-- 7,a7 is under investigation for a breach of or noncompliance with its ,,iaea obligations or the purposes and principles of the ,charter of the ,united ,nations2 or 7,b7 that is in violation of its ,,iaea obligations or the purposes and principles of the ,charter of the ,united ,nations4 7#b7 ,criteria ,the ,united ,states ,permanent ,representative to the ,,iaea shall make every effort to modify the criteria for ,board membership to reflect the principles described in paragraph 7#a74 7d7 ,small quantities protocol ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to make every effort to ensure that the ,,iaea changes the policy regarding the ,small ,quantities ,protocol in order to-- 7#a7 rescind and eliminate the ,small ,quantities ,protocol2 7#b7 require that any ,,iaea ,member ,state that has previously signed a ,small ,quantities ,protocol to sign1 ratify1 and implement the ,additional ,protocol1 provide immediate access for ,,iaea inspectors to its nuclear-related facilities1 and agree to the strongest inspections regime of its nuclear efforts2 and 7#c7 require that any ,,iaea ,member ,state that does not comply with paragraph 7#b7 to be ineligible to receive nuclear material1 technology1 equipment1 or assistance from any ,,iaea ,member ,state and subject to the penalties described in subsection 7a77#c74 7e7 ,nuclear program of iran and syria 7#a7 ,united states action ,the ,president shall direct the ,united ,states ,permanent ,representative to the ,,iaea to use the voice1 vote1 and influence of the ,united ,states at the ,,iaea to make every effort to ensure the adoption of a resolution by the ,,iaea ,board of ,governors that1 in addition to the restrictions already imposed1 makes ,iran and ,syria ineligible to receive any nuclear material1 technology1 equipment1 or assistance from any ,,iaea ,member ,state and ineligible for any ,,iaea assistance not related to safeguards inspections or nuclear security until the ,,iaea ,board of ,governors determines that ,iran or ,syria1 as the case may be-- 7,a7 is providing full access to ,,iaea inspectors to its nuclear-related facilities2 7,b7 has fully implemented and is in compliance with the ,additional ,protocol2 and 7,c7 has permanently ceased and dismantled all activities and programs related to nuclear-enrichment and reprocessing4 7#b7 ,penalties ,if an ,,iaea ,member ,state is determined to have violated the prohibition on assistance to ,iran or ,syria described in paragraph 7#a7 before the ,,iaea ,board of ,governors determines that ,iran or ,syria1 as the case may be1 has satisfied the conditions described in subparagraphs 7,a7 through 7,c7 of such paragraph1 such ,member ,state shall be subject to the penalties described in subsection 7a77#c71 shall be ineligible to receive nuclear material1 technology1 equipment1 or assistance from any ,,iaea ,member ,state1 and shall be ineligible to receive any ,,iaea assistance not related to safeguards inspections or nuclear security until such time as the ,,iaea ,board of ,governors makes such determination with respect to ,iran or ,syria1 as the case may be4 7f7 ,report ,not later than #f months after the date of the enactment of this ,act and annually for #b years thereafter1 the ,president shall submit to the appropriate congressional committees a report on the implementation of this section4 #ijc4 ,sense of ,congress regarding the ,nuclear ,security ,action ,plan of the ,,iaea ,it is the sense of ,congress that the national security interests of the ,united ,states are enhanced by the ,nuclear ,security ,action ,plan of the ,,iaea and the ,board of ,governors should recommend1 and the ,general ,conference should adopt1 a resolution incorporating the ,nuclear ,security ,action ,plan into the regular budget of the ,,iaea4 ,x ,,peacekeeping #ajja4 ,reform of ,united ,nations peacekeeping operations ,it is the sense of ,congress that-- 7#a7 although ,united ,nations peacekeeping operations have contributed greatly toward the promotion of peace and stability for over #f decades and the majority of peacekeeping personnel who have served under the ,united ,nations flag have done so with honor and courage1 the record of ,united ,nations peacekeeping has been severely tarnished by operational failures and unconscionable acts of misconduct2 7#b7 in response to such failures1 successive ,secretaries ,general of the ,united ,nations have launched numerous reform efforts1 including the high-level ,panel on ,united ,nations ,peace ,operations1 led by former ,foreign ,minister of ,algeria ,lakhdar ,brahimi1 the #bjje report by the ,special ,advisor on the ,prevention of ,sexual ,exploitation and ,abuse1 ,his ,royal ,highness ,prince ,zeid ,ra'ad ,zeid ,al-,hussein of ,jordan1 and the #bjji ,new ,partnership ,agenda1 known as the ,new ,horizon reports2 7#c7 despite the fact that the ,united ,nations has had over a decade to implement many of these reforms1 nearly four years to implement the reforms in the ,zeid ,report1 and the fact that ,secretary ,general ,ban ,ki-,moon1 his predecessor ,kofi ,annan1 and the ,special ,committee on ,peacekeeping ,operations repeatedly have expressed their commitment to implementing fundamental1 systematic changes as a matter of urgency1 a number of critical reforms continue to be blocked or delayed by ,members ,states who arguably benefit from maintenance of the status quo2 7#d7 further1 audits of procurement practices in the ,department of ,peacekeeping ,operations1 conducted by the ,office of ,internal ,oversight ,services1 and the now-defunct ,united ,nations ,procurement ,task ,force have uncovered significant corruption schemes and criminal acts by ,united ,nations peacekeeping personnel2 and 7#e7 if the reputation of and confidence in ,united ,nations peacekeeping operations is to be restored1 fundamental and far-reaching reforms1 particularly in the areas of planning1 management1 procurement1 training1 conduct1 and discipline1 must be implemented without further delay4 #ajjb4 ,policy relating to reform of ,united ,nations peacekeeping operations ,it shall be the policy of the ,united ,states to pursue reform of ,united ,nations peacekeeping operations in the following areas3 7#a7 ,planning and management 7,a7 ,global audit ,as the size1 cost1 and number of ,united ,nations peacekeeping operations have increased substantially over the past decade1 independent audits of each such operation should be conducted annually1 with a view toward right-sizing operations and ensuring that all operations are efficient and cost effective4 7,b7 ,procurement and transparency ,the logistics established within the ,united ,nations ,department of ,field ,support should be streamlined and strengthened to ensure that all peacekeeping missions are resourced appropriately1 transparently1 and in a timely fashion while individual accountability for waste1 fraud and abuse within ,united ,nations peacekeeping missions is uniformly enforced4 7,c7 ,review of mandates and closing operations ,in conjunction with the audit described in subparagraph 7,a71 the ,united ,nations ,department of ,peacekeeping ,operations should conduct a comprehensive review of all ,united ,nations peacekeeping operation mandates1 with a view toward identifying objectives that are practical and achievable1 and report its findings to the ,security ,council4 ,in particular1 the review should consider the following3 7i7 ,except in extraordinary cases1 including genocide1 the ,united ,nations ,department of ,peacekeeping ,operations should not be tasked with activities that are impractical or unachievable without the cooperation of the ,member ,state7s7 hosting a ,united ,nations peacekeeping operation1 or which amount to de-facto ,trusteeship outside of the procedures established for such under ,chapter ,,xii of the ,united ,nations ,charter1 thereby creating unrealistic expectations and obfuscating the primary responsibility of the ,member ,states themselves in creating and maintaining conditions for peace4 7ii7 ,long-standing operations that are static and cannot fulfill their mandate should be downsized or closed4 7iii7 ,where there is legitimate concern that the withdrawal from a country of an otherwise static ,united ,nations peacekeeping operation would result in the resumption of major conflict1 a burden-sharing arrangement that reduces the level of assessed contributions1 similar to that currently supporting the ,united ,nations ,peacekeeping ,force in ,cyprus1 should be explored and instituted4 7,d7 ,leadership ,as peacekeeping operations become larger and increasingly complex1 the ,secretariat should adopt a minimum standard of qualifications for senior leaders and managers1 with particular emphasis on specific skills and experience1 and current senior leaders and managers who do not meet those standards should be removed4 7,e7 ,pre-deployment training ,pre-deployment training on interpretation of the mandate of the operation1 specifically in the areas of use of force1 civilian protection and field conditions1 the ,code of ,conduct1 ,,hiv_/,,aids1 and human rights should be mandatory1 and all personnel1 regardless of category or rank1 should be required to sign an oath that each has received and understands such training as a condition of participation in the operation4 7,f7 ,gratis military personnel ,the ,general ,assembly should seek to strengthen the capacity the ,united ,nations ,department of ,peacekeeping ,operations and ease the extraordinary burden currently placed upon the limited number of headquarters staff by lifting restrictions on the utilization of gratis military personnel by the ,department so that the ,department may accept secondments from ,member ,states of military personnel with expertise in mission planning1 logistics1 and other operational specialties4 7#b7 ,conduct and discipline 7,a7 ,adoption of a uniform code of conduct ,a single1 uniform ,code of ,conduct that has the status of a binding rule and applies equally to all personnel serving in ,united ,nations peacekeeping operations1 regardless of category or rank1 including military personnel1 should be adopted and incorporated into legal documents governing participation in such an operation1 including all contracts and ,memorandums of ,understanding1 promulgated and effectively enforced4 7,b7 ,understanding the code of conduct ,all personnel1 regardless of category or rank1 should receive training on the ,code of ,conduct prior to deployment with a peacekeeping operation1 in addition to periodic follow-on training4 ,in particular-- 7i7 all personnel1 regardless of category or rank1 should be provided with a personal copy of the ,code of ,conduct that has been translated into the national language of such personnel1 regardless of whether such language is an official language of the ,united ,nations2 7ii7 all personnel1 regardless of category or rank1 should sign an oath that each has received a copy of the ,code of ,conduct1 that each pledges to abide by the ,code of ,conduct1 and that each understands the consequences of violating the ,code of ,conduct1 including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations1 as well as the assumption of personal liability and victims compensation1 where appropriate1 as a condition of appointment to any such operation2 and 7iii7 peacekeeping operations should continue and enhance educational outreach programs to reach local communities where peacekeeping personnel of such operations are based1 including explaining prohibited acts on the part of ,united ,nations peacekeeping personnel and identifying the individual to whom the local population may direct complaints or file allegations of exploitation1 abuse1 or other acts of misconduct4 7,c7 ,monitoring mechanisms ,dedicated monitoring mechanisms1 such as the ,conduct and ,discipline ,teams already deployed to support ,united ,nations peacekeeping operations in ,haiti1 ,sudan1 ,kosovo1 ,liberia1 ,lebanon1 ,cote d',ivoire1 ,western ,sahara1 and the ,democratic ,republic of ,congo1 should be present in each operation to monitor compliance with the ,code of ,conduct1 and should report simultaneously to the ,head of ,mission1 the ,united ,nations ,department of ,field ,support1 the ,united ,nations ,department of ,peacekeeping ,operations1 and the ,associate ,director of the ,office of ,internal ,oversight ,services for ,peacekeeping ,operations 7established under section #aaad7;b77#i774 7,d7 ,investigations ,a permanent1 professional1 and independent investigative body should be established and introduced into ,united ,nations peacekeeping operations4 ,in particular-- 7i7 the investigative body should include professionals with experience in investigating sex crimes and the illegal exploitation of resources1 as appropriate1 as well as experts who can provide guidance on standards of proof and evidentiary requirements necessary for any subsequent legal action2 7ii7 provisions should be included in all ,memorandums of ,understanding1 including a ,model ,memorandum of ,understanding1 that obligate ,member ,states that contribute troops to a peacekeeping operation to designate a military prosecutor who will participate in any investigation into credible allegations of misconduct brought against an individual of such ,member ,state1 so that evidence is collected and preserved in a manner consistent with the military law of such ,member ,state2 7iii7 the investigative body should be regionally based to ensure rapid deployment and should be equipped with modern forensics equipment for the purpose of positively identifying perpetrators and1 where necessary1 for determining paternity2 and 7iv7 the investigative body should report directly to the ,associate ,director of the ,office of ,internal ,oversight ,services for ,peacekeeping ,operations1 while providing copies of any reports to the ,department of ,field ,support1 the ,department of ,peacekeeping ,operations1 the ,head of ,mission1 and the ,member ,state concerned4 7,e7 ,follow-up ,the ,conduct and ,discipline ,unit in the headquarters of the ,united ,nations ,department of ,field ,support should be appropriately staffed1 resourced1 and tasked with-- 7i7 promulgating measures to prevent misconduct2 7ii7 receiving reports by field personnel and coordinating the ,department's response to allegations of misconduct2 7iii7 gathering follow-up information on completed investigations1 particularly by focusing on disciplinary actions against the individual concerned taken by the ,united ,nations or by the ,member ,state that is contributing troops to which such individual belongs1 and sharing such information with the ,security ,council1 the ,department of ,peacekeeping ,operations1 the ,head of ,mission1 and the community hosting the peacekeeping operation2 and 7iv7 contributing pertinent data on conduct and discipline to the database required pursuant to subparagraph 7,h74 7,f7 ,financial liability and victims assistance ,although peacekeeping operations should provide immediate medical assistance to victims of sexual abuse or exploitation1 the responsibility for providing longer-term treatment1 care1 or restitution lies solely with the individual found guilty of the misconduct4 ,in particular3 7i7 ,the ,united ,nations should not assume responsibility for providing long-term treatment or compensation under the ,sexual ,exploitation and ,abuse ,victim ,assistance ,mechanism by utilizing assessed contributions to ,united ,nations peacekeeping operations1 thereby shielding individuals from personal liability and reinforcing an atmosphere of impunity4 7ii7 ,if an individual responsible for misconduct has been repatriated1 reassigned1 redeployed1 or is otherwise unable to provide assistance1 responsibility for providing assistance to a victim should be assigned to the ,member ,state that contributed the contingent to which such individual belonged or to the manager concerned4 7iii7 ,in the case of misconduct by a member of a military contingent1 appropriate funds shall be withheld from the troop contributing country concerned4 7iv7 ,in the case of misconduct by a civilian employee or contractor of the ,united ,nations1 appropriate wages shall be garnished from such individual or fines shall be imposed against such individual1 consistent with existing ,united ,nations ,staff ,rules1 and retirement funds shall not be shielded from liability4 7,g7 ,managers and commanders ,the manner in which managers and commanders handle cases of misconduct by those serving under them should be included in their individual performance evaluations1 so that managers and commanders who take decisive action to deter and address misconduct are rewarded1 while those who create a permissive environment or impede investigations are penalized or relieved of duty1 as appropriate4 7,h7 ,database ,a centralized database1 including personnel photos1 fingerprints1 and biometric data1 should be created and maintained within the ,united ,nations ,department of ,peacekeeping ,operations1 the ,department of ,field ,support1 and other relevant ,united ,nations bodies without further delay to track cases of misconduct1 including the outcome of investigations and subsequent prosecutions1 to ensure that personnel who have engaged in misconduct or other criminal activities1 regardless of category or rank1 are permanently barred from participation in future peacekeeping operations4 7,i7 ,cooperation of member states ,if a ,member ,state routinely refuses to cooperate with the directives contained herein or acts to shield its nationals from personal liability1 that ,member ,state should be barred from contributing troops or personnel to future peacekeeping operations4 7,j7 ,welfare ,peacekeeping operations should continue to seek to maintain a minimum standard of welfare for mission personnel to ameliorate conditions of service1 while adjustments are made to the discretionary welfare payments currently provided to ,member ,states that contribute troops to offset the cost of operation-provided recreational facilities1 as necessary and appropriate4 #ajjc4 ,certification 7a7 ,new or expanded peacekeeping operations contingent upon presidential certification of peacekeeping operations reforms 7#a7 ,no new or expanded peacekeeping operations 7,a7 ,certification ,except as provided in subparagraph 7,b71 until the ,secretary of ,state certifies that the requirements described in paragraph 7#b7 have been satisfied1 the ,president shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations to oppose the creation of new1 or expansion of existing1 ,united ,nations peacekeeping operations4 7,b7 ,exception and notification ,the requirements described under paragraph 7#b7 may be waived with respect to a particular peacekeeping operation if the ,president determines that failure to deploy new or additional peacekeepers in such situation will significantly contribute to the widespread loss of human life1 genocide1 or the endangerment of a vital national security interest of the ,united ,states4 ,if the ,president makes such a determination1 the ,president shall1 not later than #ae days before the exercise of such waiver1 notify the appropriate congressional committees of such determination and resulting waiver4 7#b7 ,certification of peacekeeping operations reforms ,the certification referred to in paragraph 7#a7 is a certification made by the ,secretary to the appropriate congressional committees that the following reforms1 or an equivalent set of reforms1 related to peacekeeping operations have been adopted by the ,united ,nations ,department of ,peacekeeping ,operations or the ,general ,assembly1 as appropriate3 7,a7 ,a single1 uniform ,code of ,conduct that has the status of a binding rule and applies equally to all personnel serving in ,united ,nations peacekeeping operations1 regardless of category or rank1 has been adopted by the ,general ,assembly and duly incorporated into all contracts and a ,model ,memorandum of ,understanding1 and mechanisms have been established for training such personnel concerning the requirements of the ,code and enforcement of the ,code4 7,b7 ,all personnel1 regardless of category or rank1 serving in a peacekeeping operation have been trained concerning the requirements of the ,code of ,conduct and each has been given a personal copy of the ,code1 translated into the national language of such personnel4 7,c7 ,all personnel1 regardless of category or rank1 are required to sign an oath that each has received a copy of the ,code of ,conduct1 that each pledges to abide by the ,code1 and that each understands the consequences of violating the ,code1 including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations1 as well as the assumption of personal liability for victims compensation as a condition of the appointment to such operation4 7,d7 ,all peacekeeping operations have designed and implemented educational outreach programs to reach local communities where peacekeeping personnel of such operations are based to explain prohibited acts on the part of ,united ,nations peacekeeping personnel and to identify the individual to whom the local population may direct complaints or file allegations of exploitation1 abuse1 or other acts of misconduct4 7,e7 ,the creation of a centralized database1 including personnel photos1 fingerprints1 and biometric data1 has been completed and is being maintained in the ,united ,nations ,department of ,peacekeeping ,operations that tracks cases of misconduct1 including the outcomes of investigations and subsequent prosecutions1 to ensure that personnel1 regardless of category or rank1 who have engaged in misconduct or other criminal activities are permanently barred from participation in future peacekeeping operations4 7,f7 ,a ,model ,memorandum of ,understanding between the ,united ,nations and each ,member ,state that contributes troops to a peacekeeping operation has been adopted by the ,united ,nations ,department of ,peacekeeping ,operations that specifically obligates each such ,member ,state to-- 7i7 uphold the uniform ,code of ,conduct which shall apply equally to all personnel serving in ,united ,nations peacekeeping operations1 regardless of category or rank2 7ii7 designate a competent legal authority1 preferably a prosecutor with expertise in the area of sexual exploitation and abuse where appropriate1 to participate in any investigation into an allegation of misconduct brought against an individual of such ,member ,state2 7iii7 refer to its competent national or military authority for possible prosecution1 if warranted1 any investigation of a violation of the ,code of ,conduct or other criminal activity by an individual of such ,member ,state2 7iv7 report to the ,department of ,field ,support and the ,department of ,peacekeeping ,operations on the outcome of any such investigation2 7v7 undertake to conduct on-site court martial proceedings1 where practical and appropriate1 relating to allegations of misconduct alleged against an individual of such ,member ,state2 and 7vi7 assume responsibility for the provision of appropriate assistance to a victim of misconduct committed by an individual of such ,member ,state4 7,g7 ,a professional and independent investigative and audit function has been established within the ,united ,nations ,department of ,peacekeeping ,operations and the ,office of ,internal ,oversight ,services to monitor ,united ,nations peacekeeping operations4