Sec. 601 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 further part of the Durban process.
Title VI — Durban process
VI Durban process
Sec. 602 Withholding of funds; refund of United States taxpayer dollars
Withholding of funds for the durban process— The Secretary 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 process, including—
any public information campaign for the commemoration of the “Durban Declaration and Programme of Action” or any subsequent outcome documents;
the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action;
the “group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action”; and
the Ad Hoc Committee on the Elaboration of Complementary Standards.
Withholding of funds for other biased and compromised activities— Until the Secretary submits to the appropriate congressional committees a certification, on a case-by-case basis, that the requirements described in subsection (d) have been satisfied, the United States shall withhold from the United States contribution to the 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 conference, meeting, or other multilateral forum, or the preparatory or follow-on activities of any conference, meeting, or other multilateral forum, that is organized under the aegis or jurisdiction of the United Nations or of any United Nations entity.
Refund of united states taxpayer dollars—
Contributions to regular budget of united nations— 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 (a) shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity.
Contributions to biennial budget of united nations— 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 (b) may be obligated and expended for that purpose upon the certification described in subsection (d). Such funds shall revert to the United States Treasury if no such certification is made by the date that is one year after such appropriation, and shall not be considered arrears to be repaid to any United Nations entity.
Certification— The certification referred to in subsection (b) is a certification made by the Secretary to the appropriate congressional committees concerning the following:
The specified conference, meeting, or other multilateral forum did not reaffirm, call for the implementation of, or otherwise support the Durban Declaration and Programme of Action (2001) or the outcome document of the Durban II conference (2009) or the Durban III meeting (2011).
The specified conference or forum was not used to propagate racism, racial discrimination, anti-Semitism, denial of the Holocaust, incitement to violence or genocide, xenophobia, or related intolerance.
The specified conference or forum was not used to advocate for restrictions on the freedoms of speech, expression, religion, the press, assembly, or petition, or for restrictions on other fundamental human rights and freedoms.
The leadership of the specified conference or forum does not include a Member State, or a representative from a Member State—
subject to sanctions by the Security Council;
under a Security Council-mandated investigation for human rights abuses; or
the government of which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism.