[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3744 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3744

  To amend the United Nations Participation Act of 1945 to facilitate 
    coordination between the executive and legislative branches of 
  Government regarding United States participation in, or the use of 
    United States funds for, United Nations peacekeeping activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 1994

Mr. Hyde  (for himself, Mr. Gilman, Mr. Spence, Mr. Combest, Ms. Snowe, 
   and Mr. Rogers) introduced the following bill; which was referred 
   jointly to the Committees on Foreign Affairs, Armed Services, and 
               Permanent Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
  To amend the United Nations Participation Act of 1945 to facilitate 
    coordination between the executive and legislative branches of 
  Government regarding United States participation in, or the use of 
    United States funds for, United Nations peacekeeping activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Peace Powers Act of 1994''.

SEC. 2. STATEMENT OF PURPOSES.

    The purposes of this Act are to--
            (1) maintain and ensure the primacy of United States 
        national security interests with respect to United States 
        participation in and support for United Nations peacekeeping 
        activities;
            (2) strengthen congressional oversight of United Nations 
        peacekeeping activities and other United Nations activities;
            (3) provide for advance notification to the Congress 
        regarding anticipated United Nations peacekeeping activities;
            (4) ensure that the United States contributions to United 
        Nations peacekeeping activities are fair and equitable; and
            (5) otherwise facilitate coordination between the executive 
        and legislative branches of Government regarding United States 
        participation in and support for United Nations peacekeeping 
        activities.

SEC. 3. DEFINITIONS.

    (a) Amendment.--The United Nations Participation Act of 1945 (22 
U.S.C. 287-287e-1) is amended by adding at the end the following new 
section:
    ``Sec. 10. For purposes of this Act--
            ``(1) the term `appropriate congressional committees' means 
        the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Relations of the Senate 
        and the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Foreign Affairs of the House of 
        Representatives;
            ``(2) the term `Permanent Representative' means the 
        Permanent Representative of the United States to the United 
        Nations appointed by the President pursuant to section 2 of 
        this Act; and
            ``(3) the term `United Nations peacekeeping activities' 
        means any international peacekeeping, peacemaking, peace-
        enforcing, or similar activity involving the use of nationals 
        of member countries of the United Nations that is authorized by 
        the Security Council under chapter VI or VII of the United 
        Nations Charter.''.
    (b) Applicability to Nonamendatory Provisions.--The definitions 
contained in the amendment made by subsection (a) also apply with 
respect to the provisions of this Act that do not amend the United 
Nations Participation Act of 1945.

SEC. 4. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER 
              FOREIGN CONTROL FOR A UNITED NATIONS PEACEKEEPING 
              ACTIVITY.

    Section 6 of the United Nations Participation Act (22 U.S.C. 287d) 
is amended to read as follows:
    ``Sec. 6. (a) Any special agreement or agreements negotiated by the 
President with the Security Council providing for the numbers and types 
of United States Armed Forces, their degree of readiness and general 
locations, or the nature of facilities and assistance, including rights 
of passage, to be made available to the Security Council for the 
purpose of maintaining international peace and security in accordance 
with Article 43 of the United Nations Charter, shall be subject to the 
approval of the Congress by Act or joint resolution.
    ``(b) The President may not subordinate to the command or 
operational control of any foreign nationals any element of the United 
States Armed Forces participating in any United Nations peacekeeping 
activity unless--
            ``(1) the President satisfies the requirements of 
        subsection (c); or
            ``(2) the Congress enacts an Act or joint resolution 
        specifically authorizing such subordination.
    ``(c)(1) The requirements referred to in subsection (b)(1) are that 
the President submit to the appropriate congressional committees (at 
the time specified in paragraph (2) of this subsection) the following 
documents:
            ``(A) A determination by the President that--
                    ``(i) the proposed subordination of United States 
                Armed Forces to foreign command is in the national 
                security interest of the United States;
                    ``(ii) the unit commanders of the United States 
                Armed Forces proposed for subordination to the command 
                of foreign nationals will at all times retain the 
                ability to report independently to higher United States 
                military authorities;
                    ``(iii) the United States will retain authority to 
                withdraw the United States Armed Forces from the United 
                Nations peacekeeping activity at any time and to take 
                action it deems necessary to protect those forces if 
                they are endangered; and
                    ``(iv) the United States Armed Forces subordinated 
                to the command of foreign nationals will at all times 
                remain under United States administrative command for 
                such purposes as discipline and evaluation.
            ``(B) The justification for the determination made pursuant 
        to subparagraph (A)(i).
            ``(C) A memorandum of legal points and authorities 
        explaining why the proposed foreign command arrangement does 
        not violate the Constitution of the United States.
    ``(2) The documents described in paragraph (1) shall be submitted 
to the appropriate congressional committees not less than 15 days 
before any element of the United States Armed Forces is subordinated to 
the command and control of a foreign national, except that if the 
President determines that an emergency exists which prevents compliance 
with the requirement that notice be provided 15 days in advance, those 
documents shall be submitted in a timely manner but no later than 48 
hours after such subordination.
    ``(d) Except as authorized in section 7 of this Act, nothing 
contained in this Act shall be construed as an authorization to the 
President by the Congress to make available to the Security Council 
United States Armed Forces, facilities, or assistance.''.

SEC. 5. NOTICE TO CONGRESS OF PROPOSED UNITED NATIONS PEACEKEEPING 
              ACTIVITIES.

    Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 287b) is amended--
            (1) by striking the second sentence;
            (2) by inserting ``(a)'' before ``The President''; and
            (3) by adding at the end the following:
    ``(b)(1) Except as provided in paragraph (2), at least 15 days 
before any vote in the Security Council to authorize any United Nations 
peacekeeping activity or any other action under the Charter of the 
United Nations (including any extension, modification, suspension, or 
termination of any previously authorized United Nations peacekeeping 
activity or other action) which would involve the use of United States 
Armed Forces or the expenditure of United States funds, the President 
shall submit to the appropriate congressional committees a notification 
with respect to the proposed action. This notification shall include a 
description of any anticipated involvement of United States Armed 
Forces, a cost assessment of such action (including the total estimated 
cost and the United States share of such cost), the mission and 
objectives of United States Armed Forces that would participate in such 
action, the duration and estimated termination date of the action, and 
the source of funding for the United States share of the costs of the 
action (whether in an annual budget request, reprogramming 
notification, a budget amendment, or a supplemental budget request).
    ``(2) If the President determines that an emergency exists which 
prevents submission of the 15-day advance notification specified in 
paragraph (1) and that the proposed action is in the national security 
interests of the United States, the notification described in paragraph 
(1) shall be provided in a timely manner but no later than 48 hours 
after the vote by the Security Council.''.

SEC. 6. TRANSMITTAL TO CONGRESS OF UNITED NATIONS RESOLUTIONS AND 
              REPORTS.

    Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 287b), as amended by section 5 of this Act, is further amended 
by adding at the end the following:
    ``(c)(1) Not later than 24 hours after adoption by the Security 
Council of a resolution authorizing United Nations peacekeeping 
activities or any other action under the Charter of the United Nations 
(including any extension, modification, suspension, or termination of 
any previously authorized United Nations peacekeeping activity or other 
action) which would involve the use of United States Armed Forces or 
the expenditure of United States funds, the Permanent Representative 
shall transmit the text of such resolution and any supporting 
documentation to the appropriate congressional committees.
    ``(2) The Permanent Representative shall promptly transmit to the 
appropriate congressional committees any report prepared by the United 
Nations containing an assessment of any proposed, ongoing, or concluded 
United Nations peacekeeping activity.''.

SEC. 7. NOTICE TO CONGRESS REGARDING CONTRIBUTIONS FOR UNITED NATIONS 
              PEACEKEEPING ACTIVITIES.

    Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 287b), as amended by sections 5 and 6 of this Act, is further 
amended by adding at the end the following:
    ``(d)(1) Not later than 15 days after the United Nations submits a 
billing requesting a payment by the United States of any contribution 
for United Nations peacekeeping activities, the President shall so 
notify the appropriate congressional committees.
    ``(2) The President shall notify the appropriate congressional 
committees at least 15 days before the United States obligates funds 
for any assessed or voluntary contribution for United Nations 
peacekeeping activities, except that if the President determines that 
an emergency exists which prevents compliance with the requirement that 
such notification be provided 15 days in advance and that such 
contribution is in the national security interests of the United 
States, such notification shall be provided in a timely manner but no 
later than 48 hours after such obligation.''.

SEC. 8. NOTICE TO CONGRESS REGARDING UNITED STATES ASSISTANCE FOR 
              UNITED NATIONS PEACEKEEPING ACTIVITIES.

    Section 7 of the United Nations Participation Act of 1945 (22 
U.S.C. 287d-1) is amended--
            (1) in subsection (a), by inserting ``other than subsection 
        (e)(1)'' after ``any other law''; and
            (2) by adding at the end the following new subsection:
    ``(e)(1) Except as provided in paragraph (2), at least 15 days 
before any agency or entity of the United States Government makes 
available to the United Nations any assistance or facility to support 
or facilitate United Nations peacekeeping activities, the President 
shall so notify the appropriate congressional committees.
    ``(2) If the President determines that an emergency exists which 
prevents compliance with the requirement that notification be provided 
15 days in advance and that such contribution is in the national 
security interests of the United States, such notification shall be 
provided in a timely manner but no later than 48 hours after the 
assistance or facility is made available to the United Nations.
    ``(3) For purposes of this subsection, the term `assistance'--
            ``(A) means assistance of any kind, including logistical 
        support, supplies, goods, or services (including command, 
        control, communications or intelligence assistance and 
        training), and the grant of rights of passage; and
            ``(B) includes assistance provided through in-kind 
        contributions or through the provision of support, supplies, 
        goods, or services on any terms, including on a grant, lease, 
        loan, or reimbursable basis; but
            ``(C) does not include the payment of assessed or voluntary 
        contributions.''.

SEC. 9. UNITED STATES CONTRIBUTIONS TO UNITED NATIONS PEACEKEEPING 
              ACTIVITIES.

    Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 287b), as amended by section 5, 6, and 7 of this Act, is further 
amended by adding at the end the following:
    ``(e)(1) The President shall, at the time of submission of his 
annual budget request to the Congress, submit a report to the Congress 
on the anticipated budget for the fiscal year for United States 
participation in United Nations peacekeeping activities.
    ``(2) The report required by paragraph (1) shall state--
            ``(A) the aggregate amount of funds available to the United 
        Nations for that fiscal year, including assessed and voluntary 
        contributions, which may be made available for United Nations 
        peacekeeping activities; and
            ``(B) the aggregate amount of funds (from all accounts) and 
        the aggregate costs of in-kind contributions that the United 
        States proposes to make available to the United Nations for 
        that fiscal year for United Nations peacekeeping activities.
    ``(3) The President shall include in his budget submission for 
fiscal year 1996 a projection of all United States costs for United 
Nations peacekeeping activities during each of fiscal years 1996, 1997, 
and 1998, including costs of in-kind contributions and assessed and 
voluntary contributions.''.

SEC. 10. ANNUAL REPORTS ON UNITED STATES CONTRIBUTIONS TO UNITED 
              NATIONS PEACEKEEPING ACTIVITIES.

    Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 287b), as amended by sections 5, 6, 7, and 9 of this Act, is 
further amended by adding at the end the following:
    ``(f)(1) Not later than 90 days after the date of enactment of this 
subsection and each year thereafter at the time of the President's 
budget submission to the Congress, the Secretary of State, after 
consultation with the heads of other relevant Federal agencies 
(including the Secretary of Defense), shall submit to the appropriate 
congressional committees a report on United States contributions to 
United Nations peacekeeping activities.
    ``(2) Each such report shall include the following information:
            ``(A) The number and nature of ongoing United Nations 
        peacekeeping activities.
            ``(B) The priority accorded to each ongoing United Nations 
        peacekeeping activity, and the anticipated duration of each 
        such activity.
            ``(C) An assessment of the effectiveness of each ongoing 
        United Nations peacekeeping activity, its relationship to 
        United States national security interests, and the efforts by 
        the United Nations to resolve the relevant armed conflicts; and 
        the projected termination dates for each such activity.
            ``(D) The total costs of each United Nations peacekeeping 
        activity, both ongoing and concluded, and the total cost of all 
        such activities.
            ``(E) The amount of United States assessed and voluntary 
        contributions to each such activity, and the total of such 
        contributions to all such activities.
            ``(F) The incremental costs incurred by the Department of 
        Defense for each such activity, and for all such activities.
            ``(G) Any other assistance (as defined in section 7(e) of 
        this Act, as added by the Peace Powers Act of 1994) made 
        available by the United States for United Nations peacekeeping 
        activities, specifying which assistance was provided on a 
        reimbursable basis and which was provided on a nonreimbursable 
        basis or on concessional terms.
            ``(H) An assessment of the United Nations management and 
        support for United Nations peacekeeping activities, including 
        all recommendations for improvement made by the United States 
        and any action to implement such recommendations by the United 
        Nations.
            ``(I) A detailed description (including dollar amounts 
        expended and credited) of efforts by the United States 
        Government to seek and receive credit toward the United States 
        assessment for United Nations peacekeeping activities for all 
        United States assistance provided in support of United Nations 
        peacekeeping objectives.
    ``(3) The first report submitted pursuant to this subsection shall 
include information with respect to costs and contributions for all 
United Nations peacekeeping activities since October 1945. Subsequent 
reports shall include such information for the immediately preceding 
fiscal year and (to the extent such information is available) for the 
then current fiscal year.''.

SEC. 11. REIMBURSEMENT TO THE UNITED STATES FOR IN-KIND CONTRIBUTIONS 
              TO UNITED NATIONS PEACEKEEPING ACTIVITIES.

    Section 7 of the United Nations Participation Act of 1945 (22 
U.S.C. 287d-1), as amended by section 8 of this Act, is further 
amended--
            (1) in subsection (b)--
                    (A) by striking all that follows ``: Provided,'' 
                through ``Provided further,'';
                    (B) by adding at the end the following: ``The 
                Secretary of Defense may waive the requirement for such 
                reimbursement if the Secretary, after consultation with 
                the Secretary of State and the Director of the Office 
                of Management and Budget, determines that an emergency 
                exists which justifies waiver of that requirement. Any 
                such waiver shall be submitted to the appropriate 
                congressional committees at least 15 days before it 
                takes effect, except that if the President determines 
                that an emergency exists which prevents compliance with 
                the requirement that the notification be provided 15 
                days in advance and that the provision under subsection 
                (a)(1) or (2) of personnel or assistance on a 
                nonreimbursable basis is in the national security 
                interests of the United States, such notification shall 
                be provided in a timely manner but no later than 48 
                hours after such waiver takes effect.''; and
            (2) by adding at the end the following new subsections:
    ``(f) In any fiscal year (beginning in fiscal year 1995), 
appropriated funds may not be used to pay any United States assessed or 
voluntary contribution for United Nations peacekeeping activities until 
the Secretary of Defense certifies to the Congress that the United 
Nations has reimbursed the Department of Defense directly for all goods 
and services that were provided to the United Nations by the Department 
of Defense on a reimbursable basis during the preceding fiscal year for 
United Nations peacekeeping activities, including personnel and 
assistance provided under this section (except to the extent that the 
authority of subsection (b) to waive the reimbursement requirement was 
exercised with respect to such personnel or assistance).
    ``(g)(1) The Secretary of State shall ensure that goods and 
services provided on a reimbursable basis by the Department of Defense 
to the United Nations for United Nations peacekeeping operations are 
reimbursed at the appropriate value, as determined by the Department of 
Defense.
    ``(2) Not later than one year after the date of enactment of this 
subsection, the Permanent Representative shall submit a report to the 
appropriate congressional committees on all actions taken by the United 
States mission to the United Nations to achieve the objective described 
in paragraph (1).''.

SEC. 12. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED 
              NATIONS PEACEKEEPING ACTIVITIES.

    Beginning October 1, 1995, funds made available to the Department 
of Defense (including funds for ``Operation and Maintenance'') shall be 
available for--
            (1) United States assessed or voluntary contributions for 
        United Nations peacekeeping activities, or
            (2) the incremental costs associated with the participation 
        of United States Armed Forces in United Nations peacekeeping 
        activities,
only to the extent that the Congress has by law specifically made those 
funds available for such purposes.

SEC. 13. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING 
              ACTIVITIES.

    (a) Reassessment of Contribution Percentages.--The Permanent 
Representative should make every effort to ensure that the United 
Nations completes an overall review and reassessment of each nation's 
assessed contributions for United Nations peacekeeping activities. As 
part of the overall review and assessment, the Permanent Representative 
should make every effort to advance the concept that host governments 
and other governments in the region where a United Nations peacekeeping 
activity is carried out should bear a greater burden of its financial 
cost.
    (b) United States Contributions.--(1) The Permanent Representative 
should make every effort to obtain agreement by the United Nations to a 
United States assessed contribution for United Nations peacekeeping 
activities that is no greater a percentage of such contributions by all 
countries than the United States percentage share of assessed 
contributions for other United Nations activities.
    (2) The Congress declares that, effective for fiscal year 1996, it 
does not intend to make available funds for payment of United States 
assessed or voluntary contributions for United Nations peacekeeping 
activities that exceed 25 percent of the total amount of the assessed 
and voluntary contributions of all countries for such activities 
unless, after the date of enactment of this Act, the Congress enacts a 
statute specifically authorizing a greater percentage contribution.
    (3) The Permanent Representative shall inform the Secretary General 
of the congressional intent expressed in paragraph (2).

SEC. 14. ``BUY AMERICA'' REQUIREMENT.

    No funds may be obligated or expended to pay any United States 
assessed or voluntary contribution for United Nations peacekeeping 
activities unless the Secretary of State determines and certifies to 
the appropriate congressional committees that United States 
manufacturers and suppliers are being given opportunities to provide 
equipment, services, and material for such activities equal to those 
being given to foreign manufacturers and suppliers.

SEC. 15. UNITED STATES PERSONNEL TAKEN PRISONER WHILE SERVING IN 
              MULTILATERAL PEACEKEEPING FORCES.

    (a) Findings.--The Congress finds that--
            (1) until recent years United States military personnel 
        rarely served as part of multilateral forces under the United 
        Nations or regional international organizations;
            (2) despite infrequent service as part of multilateral 
        forces, United States personnel, such as Colonel William 
        Higgins in Lebanon, have been captured, tortured, and murdered;
            (3) in recent years, United States military personnel have 
        served much more frequently as part of multilateral forces;
            (4) the capture and torture of Chief Warrant Officer 
        Michael Durant in Somalia in October 1993 was a horrendous and 
        recent example of the risk to United States personnel in 
        multilateral forces;
            (5) continued multilateral service increases the 
        probability that United States military personnel will be 
        captured, and subject to mistreatment;
            (6) United States military personnel captured while serving 
        as part of multilateral forces have not been treated as 
        prisoners of war under the 1949 Geneva Conventions and other 
        international agreements intended to protect prisoners of war; 
        and
            (7) failure of United States military personnel serving as 
        part of a multilateral force to receive protection under 
        international law increases the risk to personnel while serving 
        in multinational forces.
    (b) Policy.--It is the sense of the Congress that--
            (1) the President should take immediate steps, unilaterally 
        and in appropriate international bodies, to assure that any 
        United States military personnel serving as part of a 
        multilateral force who are captured are accorded the protection 
        accorded to prisoners of war; and
            (2) the President should also take all necessary steps to 
        bring to justice all individuals responsible for any 
        mistreatment, torture, or death of United States military 
        personnel who are captured while serving in a multilateral 
        force.
    (c) Report.--Each report submitted pursuant to section 4(f) of the 
United Nations Participation Act of 1945 (as added by section 10 of 
this Act), shall include a separate section setting forth--
            (1) the status under international law of members of 
        multilateral peacekeeping forces, including the legal status of 
        such personnel if captured, missing, or detained,
            (2) the extent of the risk for United States military 
        personnel who are captured while participating in multinational 
        peacekeeping forces in cases where their captors fail to 
        respect the 1949 Geneva Conventions and other international 
        agreements intended to protect prisoners of war, and
            (3) the specific steps that have been taken to protect 
        United States military personnel participating in multinational 
        peacekeeping forces, together (if necessary) with any 
        recommendations for the enactment of legislation to achieve 
        that objective.

SEC. 16. PROVISION OF INTELLIGENCE TO THE UNITED NATIONS.

    (a) Requirement for Agreements.--The United States may provide 
intelligence to the United Nations only pursuant to a written agreement 
between the President and the Secretary General of the United Nations 
specifying--
            (1) the types of intelligence to be provided to the United 
        Nations;
            (2) the circumstances under which intelligence may be 
        provided to the United Nations; and
            (3) the procedures to be observed by the United Nations--
                    (A) concerning who shall have access to the 
                intelligence provided; and
                    (B) to protect the intelligence against disclosure 
                not authorized by the agreement.
Any such agreement shall be effective for a period not to exceed one 
year from the date on which the agreement enters into force.
    (b) Advance Notification to Congress.--An agreement described in 
subsection (a) shall be effective only if the President has transmitted 
the agreement to the Select Committee on Intelligence of the Senate and 
the Permanent Select Committee on Intelligence of the House of 
Representatives not less than 30 days in advance of the entry into 
force of the agreement.
    (c) Delegation of Authority.--The President may delegate the 
authority and assign the duties of the President under this section 
only to the Secretary of Defense or the Director of Central 
Intelligence.
    (d) Exceptions.--Subsection (a) shall not apply to the provision of 
intelligence--
            (1) only to and for the use of United States Government 
        personnel serving with the United Nations; or
            (2) essential for the protection of nationals of the United 
        States, including members of the United States Armed Forces and 
        civilian personnel of the United States Government.
    (e) Existing Law.--Nothing in this section shall be construed to--
            (1) impair or otherwise affect the authority of the 
        Director of Central Intelligence to protect intelligence 
        sources and methods from unauthorized disclosure pursuant to 
        section 103(c)(5) of the National Security Act of 1947 (50 
        U.S.C. 403-3(c)(5)); or
            (2) supersede or otherwise affect the provisions of--
                    (A) title V of the National Security Act of 1947 
                (50 U.S.C. 413-415); or
                    (B) section 112b of title 1, United States Code.
    (f) Effective Date.--This section takes effect 60 days after the 
date of enactment of this section.

SEC. 17. UNITED NATIONS PEACEKEEPING BUDGETARY AND MANAGEMENT REFORM.

    (a) Withholding of Contributions for United Nations Peacekeeping.--
(1) At the beginning of each fiscal year (beginning with fiscal year 
1995), 50 percent of the amounts of funds made available for United 
States assessed contributions for United Nations peacekeeping 
activities shall be withheld from obligation and expenditure unless a 
certification has been made under subsection (b).
    (2) For each fiscal year (beginning with fiscal year 1995), the 
United States may not pay any voluntary contribution for international 
peacekeeping activities unless a certification has been made under 
subsection (b).
    (b) Certification.--The certification referred to in subsection (a) 
is a certification by the President to the Congress that--
            (1) the United Nations has established an independent and 
        objective Office of Inspector General to conduct and supervise 
        audits, inspections, and investigations relating to the United 
        Nations peacekeeping activities carried out by the United 
        Nations;
            (2) the Secretary General of the United Nations has 
        appointed an Inspector General, with the consent of the General 
        Assembly, solely the basis of integrity and demonstrated 
        ability in accounting, auditing, financial analysis, law, 
        management analysis, public administration, or investigations;
            (3) the United Nations Office of Inspector General is 
        authorized to--
                    (A) make investigations and reports relating to the 
                administration of the United Nations peacekeeping 
                activities carried out by the United Nations;
                    (B) have access to all records and documents or 
                other material available which relate to those 
                activities; and
                    (C) have direct and prompt access to relevant 
                officials of the United Nations, including any official 
                of the United Nations Secretariat;
            (4) the United Nations Office of Inspector General is 
        keeping the Secretary General and the members of the Security 
        Council fully informed about problems, deficiencies, and the 
        necessity for, and progress of, corrective action;
            (5) the United Nations has established measures to protect 
        the identity of, and to prevent reprisals against, any staff 
        member making a complaint or disclosing information to, or 
        cooperating in any investigation or inspection by the Office of 
        the Inspector General; and
            (6) the United Nations has enacted procedures to ensure 
        compliance with Inspector General recommendations.

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