[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2745 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2745
To reform the United Nations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2005
Mr. Hyde (for himself and Mr. Pence) introduced the following bill;
which was referred to the Committee on International Relations
_______________________________________________________________________
A BILL
To reform the United Nations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United Nations
Reform Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of Congress.
TITLE I--MISSION AND BUDGET OF THE UNITED NATIONS
Sec. 101. United States financial contributions to the United Nations.
Sec. 102. Weighted voting.
Sec. 103. Budget certification requirements.
Sec. 104. Accountability.
Sec. 105. Terrorism and the United Nations.
Sec. 106. United Nations treaty bodies.
Sec. 107. Equality at the United Nations.
Sec. 108. Report on United Nations reform.
Sec. 109. Report on United Nations personnel.
TITLE II--HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL COUNCIL (ECOSOC)
Sec. 201. Human rights.
Sec. 202. Economic and Social Council (ECOSOC).
TITLE III--INTERNATIONAL ATOMIC ENERGY AGENCY
Sec. 301. International Atomic Energy Agency.
Sec. 302. Sense of Congress regarding the Nuclear Security Action Plan
of the IAEA.
TITLE IV--PEACEKEEPING
Sec. 401. Sense of Congress regarding reform of United Nations
peacekeeping operations.
Sec. 402. Statement of policy relating to reform of United Nations
peacekeeping operations.
Sec. 403. Certification.
TITLE V--DEPARTMENT OF STATE AND GOVERNMENT ACCOUNTABILITY OFFICE
Sec. 501. Positions for United States citizens at international
organizations.
Sec. 502. Budget justification for regular assessed budget of the
United Nations.
Sec. 503. Review and report.
Sec. 504. Government Accountability Office.
TITLE VI--CERTIFICATIONS AND WITHHOLDING OF CONTRIBUTIONS
Sec. 601. Certifications and withholding of contributions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Employee.--The term ``employee'' means an individual
who is employed in the general services, professional staff, or
senior management of the United Nations, including contractors
and consultants.
(3) General assembly.--The term ``General Assembly'' means
the General Assembly of the United Nations.
(4) Member state.--The term ``Member State'' means a Member
State of the United Nations. Such term is synonymous with the
term ``country''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of State.
(6) Secretary general.--The term ``Secretary General''
means the Secretary General of the United Nations.
(7) Security council.--The term ``Security Council'' means
the Security Council of the United Nations.
(8) Specialized agencies and specialized agencies of the
united nations.--The terms ``specialized agencies'' and
``specialized agencies of the United Nations'' mean--
(A) the Food and Agriculture Organization (FAO);
(B) the International Atomic Energy Agency (IAEA);
(C) the International Civil Aviation Organization
(ICAO);
(D) the International Fund for Agricultural
Development (IFAD);
(E) the International Labor Organization (ILO);
(F) the International Maritime Organization (IMO);
(G) the International Telecommunication Union
(ITU);
(H) the United Nations Educational, Scientific, and
Cultural Organization (UNESCO);
(I) the United Nations Industrial Development
Organization (UNIDO);
(J) the Universal Postal Union (UPU);
(K) the World Health Organization (WHO) and its
regional agencies;
(L) the World Meteorological Organization (WMO);
and
(M) the World Intellectual Property Organization
(WIPO).
SEC. 3. STATEMENT OF CONGRESS.
Congress declares that, in light of recent history, it is incumbent
upon the United Nations to enact significant reform measures if it is
to restore the public trust and confidence necessary for it to achieve
the laudable goals set forth in its Charter. To this end, the following
Act seeks to reform the United Nations.
TITLE I--MISSION AND BUDGET OF THE UNITED NATIONS
SEC. 101. UNITED STATES FINANCIAL CONTRIBUTIONS TO THE UNITED NATIONS.
(a) Statements of Policy.--
(1) In general.--It shall be the policy of the United
States to use its voice, vote, and influence at the United
Nations to--
(A) pursue a streamlined, efficient, and
accountable regular assessed budget of the United
Nations; and
(B) shift funding mechanisms of certain
organizational programs of the United Nations specified
under paragraph (4) from the regular assessed budget to
voluntarily funded programs.
(2) United states contributions.--It shall be the policy of
the United States to--
(A) redirect United States contributions to the
United Nations to achieve the policy objectives
described in paragraph (1)(B); and
(B) redirect a portion of funds from the following
organizational programs to pursue the policy objectives
described in paragraph (1)(A):
(i) Public Information.
(ii) General Assembly affairs and
conference services.
(3) Future biennium budgets.--It shall be the policy of the
United States to use its voice, vote, and influence at the
United Nations to ensure that future biennial budgets of the
United Nations, as agreed to by the General Assembly, reflect
the shift in funding mechanisms described in paragraph (1)(B)
and the redirection of funds described in paragraph (2).
(4) Certain organizational programs.--The organizational
programs referred to in paragraph (1)(B) are the following:
(A) Economic and social affairs.
(B) Least-developed countries, landlocked
developing countries and small island developing
States.
(C) United Nations support for the New Partnership
for Africa's Development.
(D) Trade and development.
(E) International Trade Center UNCTAD/WTO.
(F) Environment.
(G) Human settlements.
(H) Crime prevention and criminal justice.
(I) International drug control.
(J) Economic and social development in Africa.
(K) Economic and social development in Asia and the
Pacific.
(L) Economic development in Europe.
(M) Economic and social development in in Latin
America and the Caribbean.
(N) Economic and social development in Western
Asia.
(O) Regular program of technical cooperation.
(P) Development account.
(Q) Protection of and assistance to refugees.
(R) Palestine refugees.
(b) Authorization With Respect to the Regular Assessed Budget of
the United Nations.--Subject to the amendment made by subsection (c),
the Secretary of State is authorized to make contributions toward the
amount assessed to the United States by the United Nations for the
purpose of funding the regular assessed budget of the United Nations.
(c) United States Financial Contributions to the United Nations.--
Section 11 of the United Nations Participation Act of 1945 (22 U.S.C.
287e-3) is amended to read as follows:
``SEC. 11. UNITED STATES FINANCIAL CONTRIBUTIONS TO THE UNITED NATIONS.
``(a) Policy of the United States Relating to the Regular Assessed
Budget of the United Nations.--
``(1) In general.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to--
``(A) pursue a streamlined, efficient, and
accountable regular assessed budget of the United
Nations; and
``(B) shift funding mechanisms of certain
organizational programs of the United Nations specified
under paragraph (2) of subsection (c) from the regular
assessed budget to voluntarily funded programs.
``(2) United states contributions.--It shall be the policy
of the United States to--
``(A) redirect United States contributions to the
United Nations to achieve the policy objectives
described in paragraph (1)(B); and
``(B) redirect a portion of funds from the
following organizational programs to pursue the policy
objectives described in paragraph (1)(A):
``(i) Public Information.
``(ii) General Assembly affairs and
conferences services.
``(3) Future biennium budgets.-- The President shall direct
the United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the United
States at the United Nations to ensure that the shifting of
funding mechanisms under paragraph (1)(B) and redirecting of
contributions under paragraph (2) be reflected in future
resolutions agreed to by the General Assembly for the regular
assessed budget of the United Nations for the period of a
current biennium. To achieve the policies described in
paragraphs (1) and (2), the United States Permanent
Representative to the United Nations shall withhold the support
of the United States for a consensus for such budget until such
time as such budget is reflective of such policies.
``(b) 22 Percent Limitation.--In accordance with section 601 of the
United Nations Reform Act of 2005, the Secretary may not make a
contribution to a regularly assessed biennial budget of the United
Nations in an amount greater than 22 percent of the amount calculable
under subsection (c).
``(c) Annual Dues.--
``(1) In general.--For annual dues paid by the United
States to the United Nations each fiscal year, the percentage
specified in subsection (b) shall be multiplied by one-half of
the amount of the regularly assessed budget of the United
Nations for a current biennial period, as agreed to by
resolution of the General Assembly.
``(2) Calculation with respect to certain organizational
programs for redirection.--The percentage specified in
subsection (b) shall be multiplied by one-half of the sum of
amounts budgeted by resolution of the General Assembly for a
current biennial period for the following certain
organizational programs:
``(A) Economic and social affairs.
``(B) Least-developed countries, landlocked
developing countries and small island developing
States.
``(C) United Nations support for the New
Partnership for Africa's Development.
``(D) Trade and development.
``(E) International Trade Center UNCTAD/WTO.
``(F) Environment.
``(G) Human settlements.
``(H) Crime prevention and criminal justice.
``(I) International drug control.
``(J) Economic and social development in Africa.
``(K) Economic and social development in Asia and
the Pacific.
``(L) Economic development in Europe.
``(M) Economic and social development in in Latin
America and the Caribbean.
``(N) Economic and social development in Western
Asia.
``(O) Regular program of technical cooperation.
``(P) Development account.
``(Q) Protection of and assistance to refugees.
``(R) Palestine refugees.
``(3) Redirection of funds.--Of amounts appropriated for
contributions towards payment of regular assessed dues to the
United Nations for 2008 and each subsequent year, if the
funding mechanisms of one or more of the organizational
programs of the United Nations specified in paragraph (2) have
not been shifted from the regular assessed budget to
voluntarily funded programs in accordance with subsection
(a)(1), the Secretary shall ensure that such amounts in each
such fiscal year that are specified for each such
organizational program pursuant to the resolution agreed to by
the General Assembly for the regular assessed budget of the
United Nations for the period of a current biennium are
redirected from payment of the assessed amount for the regular
assessed budget as follows:
``(A) Subject to not less than 30 days prior
notification to Congress, the Secretary shall expend an
amount, not to exceed 40 percent of the amount
specified for each such organizational program pursuant
to the resolution agreed to by the General Assembly for
the regular assessed budget of the United Nations for
the period of a current biennium, as a contribution to
an eligible organizational program specified in
paragraph (4).
``(B) Subject to not less than 30 days prior
notification to Congress, the Secretary shall expend
the remaining amounts under this paragraph to
voluntarily funded United Nations specialized agencies,
funds, or programs.
``(4) Eligible organizational programs.--The eligible
organizational programs referred to in paragraph (3)(A) for
redirection of funds under such paragraph are the following:
``(A) Internal oversight.
``(B) Human rights.
``(C) Humanitarian assistance.
``(D) An organizational program specified in
subparagraphs (A) through (P) of paragraph (2), subject
to paragraph (5).
``(5) Expenditure of remaining amounts to certain
organization programs.--
``(A) Voluntary contribution.--Subject to not less
than 30 days prior notification to Congress and the
limitation specified under subparagraph (B), the
Secretary is authorized to make a voluntary
contribution to an organizational program of the United
Nations specified in subparagraphs (A) through (P) of
paragraph (2) of any amounts not contributed in a
fiscal year to an eligible organizational program
specified in subparagraphs (A) through (C) of paragraph
(4).
``(B) 10 percent limitation.--A voluntary
contribution under subparagraph (A) to an
organizational program of the United Nations specified
in subparagraphs (A) through (P) of paragraph (2) may
not exceed 10 percent of the total contribution made
under paragraph (3)(A).
``(d) Further Calculation With Respect to Budgets for Public
Information and General Assembly Affairs and Conference Services.--
``(1) 22 percent limitation.--The Secretary may not make a
contribution to a regularly assessed biennial budget of the
United Nations in an amount greater than 22 percent of the
amount calculable under paragraph (2).
``(2) Annual dues each fiscal year.--
``(A) In general.--For annual dues paid by the
United States to the United Nations each fiscal year,
the percentage specified in paragraph (1) shall be
multiplied by one-half of the amount of the regularly
assessed budget of the United Nations for a current
biennial period, as agreed to by resolution of the
General Assembly.
``(B) Calculation with respect to public
information and general assembly affairs and conference
services.--With respect to such United States annual
dues, the percentage specified in paragraph (1) shall
be multiplied by one-half of the sum of amounts
budgeted by resolution of the General Assembly for the
2004-2005 biennial period for the following
organizational programs:
``(i) Public Information.
``(ii) General Assembly affairs and
conferences services.
``(C) Redirection of funds.--
``(i) In general.--The President shall
direct the United States Permanent
Representative to the United Nations to make
every effort, including the withholding of
United States support for a consensus budget of
the United Nations, to reduce the budgets of
the organizational programs specified in
subparagraph (B) for 2007 by ten percent
against the budgets of such organizational
programs for the 2004-2005 biennial period. If
the budgets of such organizational programs are
not so reduced, 20 percent the amount
determined under subparagraph (B) for
contributions towards payment of regular
assessed dues for 2007 shall be redirected from
payment for the amount assessed for United
States annual contributions to the regular
assessed budget of the United Nations.
``(ii) Specific amounts.--The Secretary
shall make the amount determined under clause
(i) available as a contribution to an eligible
organizational program specified in
subparagraphs (A) through (C) of paragraph (4)
of subsection (c).
``(3) Policy with respect to 2008-2009 biennial period and
subsequent biennial periods.--
``(A) In general.--The President shall direct the
United States Permanent Representative to the United
Nations to make every effort, including the withholding
of United States support for a consensus budget of the
United Nations, to reduce the budgets of the
organizational programs specified in subparagraph (B)
of paragraph (2) for the 2008-2009 biennial period and
each subsequent biennial period by 20 percent against
the budgets of such organizational programs for the
2004-2005 biennial period.
``(B) Certification.--In accordance with section
601, a certification shall be required that certifies
that the reduction in budgets described in subparagraph
(A) has been implemented.''.
(d) Effective Date.--The amendment made by subsection (c) shall
take effect and apply beginning on October 1, 2006.
SEC. 102. WEIGHTED VOTING.
It shall be the policy of the United States to actively pursue
weighted voting with respect to all budgetary and financial matters in
the Administrative and Budgetary Committee and in the General Assembly
in accordance with the level of the financial contribution of a Member
State to the regular assessed budget of the United Nations.
SEC. 103. BUDGET CERTIFICATION REQUIREMENTS.
(a) Certification.--In accordance with section 601, a certification
shall be required that certifies that the conditions described in
subsection (b) have been satisfied.
(b) Conditions.--The conditions under this subsection are the
following:
(1) New budget practices for the united nations.--The
United Nations is implementing budget practices that--
(A) require the maintenance of a budget not in
excess of the level agreed to by the General Assembly
at the beginning of each United Nations budgetary
biennium, unless increases are agreed to by consensus
and do not exceed ten percent; and
(B) require the identification of expenditures by
the United Nations by functional categories such as
personnel, travel, and equipment.
(2) Program evaluation.--
(A) Existing authority.--The Secretary General and
the Director General of each specialized agency have
used their existing authorities to require program
managers within the United Nations Secretariat and the
Secretariats of the specialized agencies to conduct
evaluations in accordance with the standardized
methodology referred to in subparagraph (B) of--
(i) United Nations programs approved by the
General Assembly; and
(ii) programs of the specialized agencies.
(B) Development of evaluation criteria.--
(i) United nations.--The Office of Internal
Oversight Services has developed a standardized
methodology for the evaluation of United
Nations programs approved by the General
Assembly, including specific criteria for
determining the continuing relevance and
effectiveness of the programs.
(ii) Specialized agencies.--Patterned on
the work of the Office of Internal Oversight
Services of the United Nations, each
specialized agency has developed a standardized
methodology for the evaluation of the programs
of the agency, including specific criteria for
determining the continuing relevance and
effectiveness of the programs.
(C) Report.--The Secretary General is assessing
budget requests and, on the basis of evaluations
conducted under subparagraph (B) for the relevant
preceding year, submits to the General Assembly a
report containing the results of such evaluations,
identifying programs that have satisfied the criteria
for continuing relevance and effectiveness, and an
identification of programs that have not satisfied such
criteria and should be terminated.
(D) Sunset of programs.--Consistent with the July
16, 1997, recommendations of the Secretary General
regarding a sunset policy and results-based budgeting
for United Nations programs, the United Nations and
each specialized agency has established and is
implementing procedures to require all new programs
approved by the General Assembly to have a specific
sunset date.
SEC. 104. ACCOUNTABILITY.
(a) Certification of Creation of Independent Oversight Board.--In
accordance with section 601, a certification shall be required that
certifies that the following reforms related to the establishment of an
Independent Oversight Board (IOB) have been adopted by the United
Nations:
(1) An IOB is established from existing United Nations
budgetary and personnel resources. Except as provided in this
subsection, the IOB shall be an independent entity within the
United Nations and shall not be subject to budget authority or
organizational authority of any entity within the United
Nations.
(2) The head of the IOB shall be a Director, who shall be
nominated by the Secretary General and who shall be subject to
Security Council approval by a majority vote. The IOB shall
also consist of four other board members who shall be nominated
by the Secretary General and subject to Security Council
approval by a majority vote. The IOB shall be responsible to
the Security Council and the Director and board members shall
each serve terms of six years, except that the terms of the
initial board shall be staggered so that no more than two board
members' terms will expire in any one year. No board member may
serve more than two terms. An IOB board member may be removed
for cause by a majority vote of the Security Council. The
Director shall appoint a professional staff headed by a Chief
of Staff and may employ contract staff as needed.
(3) The IOB shall receive operational and budgetary funding
through appropriations by the General Assembly from existing
levels of United Nations budgetary and personnel resources, and
shall not be dependent upon any other entity, bureau, division,
department, or specialized agency of the United Nations for
such funding.
(4) While the IOB shall have the authority to evaluate all
operations of the United Nations, the primary mission of the
IOB is to oversee the Office of Internal Oversight Services and
the Board of External Auditors. The IOB may direct the Office
of Internal Oversight Services or the Board of External
Auditors to initiate, abandon, or modify the scope of an
investigation. Every three months or more frequently when
appropriate, the IOB shall submit, as appropriate, to the
Secretary General, the Security Council, the General Assembly,
or the Economic and Social Council a report on its activities,
relevant observations, and recommendations relating to its
audit operations, including information relating to the
inventory and status of investigations by the Office of
Internal Oversight Services.
(5) In extraordinary circumstances and with the concurrence
of the Secretary General or the Security Council by majority
vote, the IOB may augment the Office of Internal Oversight
Services with a special investigator and staff consisting of
individuals who are not employees of the United Nations, to
investigate matters involving senior officials of the United
Nations or of its specialized agencies when allegations of
serious misconduct have been made and such a special
investigation is necessary to maintain public confidence in the
integrity of the investigation. A special investigator and
staff shall comply with all United Nations financial disclosure
and conflict of interest rules, including the filing of an
individual Annual Financial Disclosure Form in accordance with
subsection (c).
(6) The IOB shall recommend annual budgets for the Office
of Internal Oversight Services and the Board of External
Auditors.
(b) Certification of United Nations Reforms of the Office of
Internal Oversight Services.--In accordance with section 601, a
certification shall be required that certifies that the following
reforms related to the Office of Internal Oversight Services (OIOS)
have been adopted by the United Nations:
(1) The OIOS is designated as an independent entity within
the United Nations. The OIOS shall not be subject to budget
authority or organizational authority of any entity within the
United Nations except as provided in this section.
(2) The regular assessed budget of the United Nations shall
fully fund the Internal Oversight Budget from existing levels
of United Nations budgetary and personnel resources and shall
not be dependent upon any other entity, bureau, division,
department, or specialized agency of the United Nations for
such funding.
(3) All United Nations officials, including officials from
any entity, bureau, division, department, or specialized agency
of the United Nations, may--
(A) make a recommendation to the OIOS to initiate
an investigation of any aspect of the United Nations;
or
(B) report to the OIOS information or allegations
of misconduct or inefficiencies within the United
Nations.
(4) The OIOS may, sua sponte, initiate and conduct an
investigation or audit of any entity, bureau, division,
department, specialized agency, employee (including the
Secretary General) of the United Nations, including any
employee of the specialized agencies of the United Nations, or
contractor or consultant for the United Nations or its
specialized agencies.
(5) At least every three months and more frequently when
appropriate, the OIOS shall submit to the IOB a report
containing an inventory and status of its investigations.
(6) The OIOS shall establish procedures for providing
``whistle-blower'' status and employment protections for all
employees of the United Nations, including employees of the
specialized agencies of the United Nations, who provide
informational leads and testimony related to allegations of
wrongdoing. Such procedures shall be adopted throughout the
United Nations. Such status and protection may not be conferred
on the Secretary General.
(7) The OIOS shall annually publish a public report
determining the proper number, distribution, and expertise of
auditors within the OIOS necessary to carry out present and
future duties of the OIOS, including assessing the staffing
requirements needed to audit United Nations contracting
activities throughout the contract cycle from the bid process
to contract performance.
(8) Not later than six months after the date of the
enactment of this Act, the Director shall establish a position
of Associate Director of OIOS for Specialized Agencies and
Funds and Programs who shall be responsible for supervising the
OIOS liaison or oversight duties for each of the specialized
agencies and funds and programs of the United Nations. With the
concurrence of the Director, the Associate Director of OIOS for
Specialized Agencies and Funds and Programs may, from existing
levels of United Nations budgetary and personnel resources,
hire and appoint necessary OIOS staff, including staff serving
within and located at specialized agencies and funds and
programs permanently or as needed to liaison with existing
audit functions within each specialized agency and fund and
program.
(9) Not later than six months after the date of the
enactment of this Act, the Director shall establish a position
of Associate Director of OIOS for Peacekeeping Operations, who
shall be responsible for the oversight and auditing of the
field offices attached to United Nations peacekeeping
operations. The Associate Director of OIOS for Peacekeeping
Operations shall receive informational leads and testimony from
any person regarding allegations of wrongdoing by United
Nations officials or peacekeeping troops or regarding
inefficiencies associated with United Nations peacekeeping
operations. The Associate Director of OIOS for Peacekeeping
Operations shall be responsible for initiating, conducting, and
overseeing investigations within peacekeeping operations.
(10) Not later than six months after the date of the
enactment of this Act, the Director shall establish a position
of Associate Director of OIOS for Procurement and Contract
Integrity, who shall be responsible for auditing and inspecting
procurement and contracting win the United Nations, including
within the specialized agencies. The Associate Director of OIOS
for Procurement and Contract Integrity shall receive
informational leads and testimony from any person regarding
allegations of wrongdoing by United Nations officials or
regarding inefficiencies associated with United Nations
procurement or contracting activities. The Associate Director
of OIOS for Procurement and Contract Integrity shall be
responsible for initiating, conducting, and overseeing
investigations of procurement and contract activities. Not
later than 12 months after the establishment of the position of
Associate Director of OIOS for Procurement and Contract
Integrity, the Director, with the assistance of the Associate
Director of OIOS for Procurement and Contract Integrity, shall
undertake a review of contract procedures to ensure that
practices and policies are in place to ensure that--
(A) the United Nations has ceased issuing single
bid contracts except for such contracts issued during
an emergency situation that is justified by the Under
Secretary General for Management;
(B) the United Nations has established effective
controls to prevent conflicts of interest in the award
of contracts; and
(C) the United Nations has established effective
procedures and policies to ensure effective and
comprehensive oversight and monitoring of United
Nations contract performance.
(c) Certification of Establishment of United Nations Office of
Ethics.--In accordance with section 601, a certification shall be
required that certifies that the following reforms related to the
establishment of a United Nations Office of Ethics have been adopted by
the United Nations:
(1) A United Nations Office of Ethics (UNOE) is
established. The UNOE shall be an independent entity within the
United Nations and shall not be subject to budget authority or
organizational authority of any entity within the United
Nations. The UNEO shall be responsible for establishing,
managing, and enforcing a code of ethics for all employees of
United Nations and its specialized agencies. The UNEO shall
also be responsible for providing such employees with annual
training related to such code. The head of the UNEO shall be a
Director who shall be nominated by the Secretary General and
who shall be subject to Security Council approval by majority
vote.
(2) The UNEO shall receive operational and budgetary
funding through appropriations by the General Assembly from
existing levels of United Nations budgetary and personnel
resources and shall not be dependent upon any other entity,
bureau, division, department, or specialized agency of the
United Nations for such funding.
(3) The Director of the UNEO shall, not later than six
months after the date of its establishment, publish a report
containing proposals for implementing a system for the filing
and review of individual Annual Financial Disclosure Forms by
each employee of the United Nations, including by each employee
of its specialized agencies, at the P-5 level and above and by
all contractors and consultants compensated at any salary
level. Such system shall be in place and operational not later
than six months after the date of the publication of the
report. Such completed forms shall be made available to the
Office of Internal Oversight Services at the request of the
Director of the Office of Internal Oversight Services. Such
system shall seek to identify and prevent conflicts of interest
by United Nations employees and shall be comparable to the
system used for such purposes by the United States Government.
Such report shall also address broader reforms of the ethics
program for the United Nations, including--
(A) the effect of the establishment of ethics
officers throughout all organizations within the United
Nations;
(B) the effect of retention by the UNEO of Annual
Financial Disclosure Forms;
(C) proposals for making completed Annual Financial
Disclosure Forms available to the public on request
through their Member State's mission to the United
Nations;
(D) proposals for annual disclosure to the public
of information related to the annual salaries and
payments, including pension payments and buyouts, of
employees of the United Nations, including employees of
its specialized agencies, and of consultants;
(E) proposals for annual disclosure to the public
of information related to per diem rates for all
bureaus, divisions, departments, or specialized
agencies within the United Nations;
(F) proposals for disclosure upon request by the
Ambassador of a Member State of information related to
travel and per diem payments made from United Nations
funds to any person; and
(G) proposals for annual disclosure to the public
of information related to travel and per diem rates and
payments made from United Nations funds to any person.
(d) Certification of United Nations Establishment of Position of
Chief Operating Officer.--In accordance with section 601, a
certification shall be required that certifies that the following
reforms related to the establishment of the position of a Chief
Operating Officer have been adopted by the United Nations:
(1) There is established the position of Chief Operating
Officer (COO). The COO shall report to the Secretary General.
(2) The COO shall be responsible for formulating general
policies and programs for the United Nations in coordination
with the Secretary General and in consultation with the
Security Council and the General Assembly. The COO shall be
responsible for the daily administration, operation and
supervision, and the direction and control of the business of
the United Nations. The Chief Operating Officer shall also
perform such other duties and may exercise such other powers as
from time to time may be assigned to the COO by the Secretary
General.
(e) Certification of Access by Member States to Reports and Audits
by Board of External Auditors.--In accordance with section 601, a
certification shall be required that certifies that Member States may,
upon request, have access to all reports and audits completed by the
Board of External Auditors.
SEC. 105. TERRORISM AND THE UNITED NATIONS.
The President shall direct the United States Permanent
Representative to the United Nations to use the voice, vote, and
influence of the United States at the United Nations to work toward
adoption by the General Assembly of--
(1) a definition of terrorism that builds upon the
recommendations of the Secretary General's High-Level Panel on
Threats, Challenges, and Change, and 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 do, or abstain from doing,
any act; and
(2) a comprehensive convention on terrorism that includes
the definition described in paragraph (1).
SEC. 106. 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--
(1) a convention (without any protocols) or an
international covenant (without any protocols) to which the
United States is not party; or
(2) a convention, with a subsequent protocol, if the United
States is a party to neither.
SEC. 107. EQUALITY AT THE UNITED NATIONS.
(a) Inclusion of Israel in WEOG.--
(1) In general.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States to expand
the Western European and Others Group (WEOG) in the United
Nations to include Israel as a permanent member with full
rights and privileges.
(2) Notification to congress.--Not later than six months
after the date of the enactment of this Act and every six
months thereafter for the next two years, the Secretary of
State shall notify the appropriate congressional committees
concerning the treatment of Israel in the United Nations and
the expansion of WEOG to include Israel as a permanent member.
(b) Department of State Review and Report.--
(1) In general.--To avoid duplicative efforts and funding
with respect to Palestinian interests and to ensure balance in
the approach to Israeli-Palestinian issues, the Secretary
shall, not later than 60 days after the date of the enactment
of this Act--
(A) conduct an audit of the functions of the
entities listed in paragraph (2); and
(B) submit to the appropriate congressional
committees a report containing recommendations for the
elimination of such duplicative entities and efforts.
(2) Entities.--The entities referred to in paragraph (1)
are the following:
(A) The United Nations Division for Palestinian
Rights.
(B) The Committee on the Exercise of the
Inalienable Rights of the Palestinian People.
(C) The United Nations Special Coordinator for the
Middle East Peace Process and Personal Representative
to the Palestine Liberation Organization and the
Palestinian Authority.
(D) The NGO Network on the Question of Palestine.
(c) Implementation by Permanent Representative.--
(1) In general.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to seek the implementation of the
recommendations contained in the report required under
subsection (b)(1).
(2) Withholding of funds.--Until such recommendations have
been implemented, 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 entities.
(d) GAO Audit.--The Comptroller General of the United States of the
Government Accountability Office shall conduct an audit of--
(1) the status of the implementation of the recommendations
contained in the report required under subsection (b)(1); and
(2) United States actions and achievements under subsection
(c).
SEC. 108. REPORT ON UNITED NATIONS REFORM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and one year thereafter, the Secretary shall
submit to the appropriate congressional committees a report on United
Nations reform since 1990.
(b) Contents.--The report required under paragraph (1) shall
describe--
(1) the status of the implementation of management reforms
within the United Nations and its specialized agencies;
(2) the number of outputs, reports, or other items
generated by General Assembly resolutions that have been
eliminated;
(3) the progress of the General Assembly to modernize and
streamline the committee structure and its specific
recommendations on oversight and committee outputs, consistent
with the March 2005 report of the Secretary General entitled
``In larger freedom: towards development, security and human
rights for all'';
(4) the status of the review by the General Assembly of all
mandates older than five years and how resources have been
redirected to new challenges, consistent with such March 2005
report of the Secretary General; and
(5) the continued utility and relevance of the Economic and
Financial Committee and the Social, Humanitarian, and Cultural
Committee, in light of the duplicative agendas of those
committees and the Economic and Social Council.
SEC. 109. REPORT ON UNITED NATIONS PERSONNEL.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report--
(1) concerning the progress of the General Assembly to
modernize human resource practices, consistent with the March
2005 report of the Secretary General entitled ``In larger
freedom: towards development, security and human rights for
all''; and
(2) containing the information described in subsection (b).
(b) Contents.--The report shall include--
(1) a comprehensive evaluation of human resources reforms
at the United Nations, including an evaluation of--
(A) tenure;
(B) performance reviews;
(C) the promotion system;
(D) a merit-based hiring system and enhanced
regulations concerning termination of employment of
employees; and
(E) the implementation of a code of conduct and
ethics training.
(2) the implementation of a system of procedures for filing
complaints and protective measures for work-place harassment,
including sexual harassment;
(3) policy recommendations relating to the establishment of
a rotation requirement for nonadministrative positions;
(4) 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-5 level and above;
(5) policy recommendations relating to a reduction in
travel allowances and attendant oversight with respect to
accommodations and airline flights; and
(6) an evaluation of the recommendations of the Secretary
General relating to greater flexibility for the Secretary
General in staffing decisions to accommodate changing
priorities.
TITLE II--HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL COUNCIL (ECOSOC)
SEC. 201. HUMAN RIGHTS.
(a) Statement of Policy.--It shall be the policy of the United
States to use its voice, vote, and influence at the United Nations to
ensure that a credible and respectable Human Rights Council or other
human rights body is established within the United Nations whose
participating Member States uphold the values embodied in the Universal
Declaration of Human Rights.
(b) Human Rights Reforms at the United Nations.--The President
shall direct the United States Permanent Representative to the United
Nations to ensure that the following human rights reforms have been
adopted by the United Nations:
(1) A Member State that fails to uphold the values embodied
in the Universal Declaration of Human Rights shall be
ineligible for membership on any United Nations human rights
body.
(2) A Member State shall be ineligible for membership on
any United Nations human rights body if such Member State is--
(A) subject to sanctions by the Security Council;
or
(B) under a Security Council-mandated investigation
for human rights abuses.
(3) A Member State that is currently subject to an adopted
country specific resolution, in the principal body in the
United Nations for the promotion and protection of human
rights, relating to human rights abuses perpetrated by the
government of such country in such country, or has been the
subject of such an adopted country specific resolution in such
principal body within the previous three years, shall be
ineligible for membership on any United Nations human rights
body. For purposes of this subsection, an adopted country
specific resolution shall not include consensus resolutions on
advisory services.
(4) A Member State that violates the principles of a United
Nations human rights body to which it aspires to join shall be
ineligible for membership on such body.
(5) No human rights body has a standing agenda item that
relates only to one country or region.
(c) Certification.--In accordance with section 601, a certification
shall be required that certifies that the human rights reforms
described under subsection (b) have been adopted by the United Nations.
(d) Prevention of Abuse of ``No Action'' Motions.--The United
States Permanent Representative shall work to prevent abuse of ``no
action'' motions, particularly as such motions relate to country
specific resolutions.
(e) Office of the United Nations High Commissioner for Human
Rights.--
(1) Statement of policy.--It shall be the policy of the
United States to continue to strongly support the Office of the
United Nations High Commissioner for Human Rights.
(2) Certification.--In accordance with section 601, a
certification shall be required that certifies that the Office
of the United Nations High Commissioner for Human Rights has
been given greater authority in field operation activities,
such as in the Darfur region of Sudan and in the Democratic
Republic of the Congo, in furtherance of the purpose and
mission of the United Nations.
SEC. 202. ECONOMIC AND SOCIAL COUNCIL (ECOSOC).
(a) Statement of Policy.--It shall be the policy of the United
States to use its voice, vote, and influence at the United Nations to--
(1) abolish secret voting in the Economic and Social
Council (ECOSOC);
(2) ensure that, until such time as the Commission on Human
Rights of the United Nations is abolished, only countries that
are not ineligible for membership on a human rights body in
accordance with paragraph (1) through (4) of section 201(b)
shall be considered for membership on the Commission on Human
Rights; and
(3) ensure that after candidate countries are nominated for
membership on the Commission on Human Rights, the Economic and
Social Council conducts a recorded vote to determine such
membership.
(b) Certification.--In accordance with section 601, a certification
shall be required that certifies that the policies described in
subsection (a) have been implemented by the Economic and Social
Council.
TITLE III--INTERNATIONAL ATOMIC ENERGY AGENCY
SEC. 301. INTERNATIONAL ATOMIC ENERGY AGENCY.
(a) Enforcement and Compliance.--
(1) Office of compliance.--
(A) Establishment.--The President shall direct the
United States Permanent Representative to International
Atomic Energy Agency (IAEA) to use the voice, vote, and
influence of the United States at the IAEA to establish
an Office of Compliance in the Secretariat of the IAEA.
(B) Operation.--The Office of Compliance shall--
(i) 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 resolutions;
(ii) base its assessments and
recommendations on IAEA inspection reports; and
(iii) shall take into consideration
information provided by IAEA Board Members that
are one of the five nuclear weapons states as
recognized by the Treaty on the Non-
Proliferation of Nuclear Weapons (21 UST 483)
(commonly referred to as the ``Nuclear
Nonproliferation Treaty'' or the ``NPT'').
(C) 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 IAEA.
(2) Special committee on safeguards and verification.--
(A) Establishment.--The President shall direct the
United States Permanent Representative to the IAEA to
use the voice, vote, and influence of the United States
at the IAEA to establish a Special Committee on
Safeguards and Verification.
(B) Responsibilities.--The Special Committee
shall--
(i) 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 Agency; and
(ii) consider which additional measures are
necessary to enhance the ability of the IAEA,
beyond the verification mechanisms and
authorities contained in the Additional
Protocol to the Safeguards Agreements between
the IAEA and Member States of the IAEA, to
detect with a high degree of confidence
undeclared nuclear activities by a Member
State.
(3) Penalties.--
(A) In general.--The President shall direct the
United States Permanent Representative to the IAEA to
use the voice, vote, 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 suspended, including--
(i) limiting its ability to vote on its
case;
(ii) being prevented from receiving any
technical assistance; and
(iii) being prevented from hosting
meetings.
(B) Termination of penalties.--The penalties
specified under subparagraph (A) shall be terminated
when such investigation is concluded and such Member
State is no longer in such breach or noncompliance.
(b) United States Contributions.--
(1) 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 Verification.
(2) Limitation on use of funds.--The President shall direct
the United States Permanent Representative to the IAEA to use
the voice, vote, and influence of the United States at the IAEA
to--
(A) ensure that funds for safeguards inspections
are prioritized for countries that have newly
established nuclear programs or are initiating nuclear
programs; and
(B) block the allocation of funds for any other
IAEA development, environmental, or nuclear science
assistance or activity to a country--
(i) the government of which the Secretary
of State has determined, for purposes of
section 6(j) of the Export Administration Act
of 1979, section 620A of the Foreign Assistance
Act of 1961, section 40 of the Arms Export
Control Act, or other provision of law, 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 verification;
(ii) 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; or
(iii) that is in violation of its IAEA
obligations or the purposes and principles of
the Charter of the United Nations.
(3) Detail of expenditures.--The President shall direct the
United States Permanent Representative to the IAEA to use the
voice, vote, and influence of the United States at the IAEA to
secure, as part of the regular budget presentation of the IAEA
to Member States of the IAEA, a detailed breakdown by country
of expenditures of the IAEA for safeguards inspections and
nuclear security activities.
(c) Membership.--
(1) In general.--The President shall direct the United
States Permanent Representative to the IAEA to use the voice,
vote, 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--
(A) 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; or
(B) that is in violation of its IAEA obligations or
the purposes and principles of the Charter of the
United Nations.
(2) 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 (1).
(d) Report.--Not later than six months after the date of the
enactment of this Act and annually for two years thereafter, the
President shall submit to the appropriate congressional committees a
report on the implementation of this section.
SEC. 302. 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 recommend, and the General
Conference should adopt, a resolution incorporating the Nuclear
Security Action Plan into the regular budget of the IAEA.
TITLE IV--PEACEKEEPING
SEC. 401. SENSE OF CONGRESS REGARDING REFORM OF UNITED NATIONS
PEACEKEEPING OPERATIONS.
It is the sense of Congress that--
(1) although United Nations peacekeeping operations have
contributed greatly toward the promotion of peace and stability
for the past 57 years and the majority of peacekeeping
personnel who have served under the United Nations flag have
done so with honor and courage, the record of United Nations
peacekeeping has been severely tarnished by operational
failures and unconscionable acts of misconduct; and
(2) if the reputation of and confidence in United Nations
peacekeeping operations is to be restored, fundamental and far-
reaching reforms, particularly in the areas of planning,
management, training, conduct, and discipline, must be
implemented without delay.
SEC. 402. STATEMENT OF 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 areas:
(1) Planning and management.--
(A) Global audit.--As the size, cost, and number of
United Nations peacekeeping operations have increased
substantially over the past decade, an independent
audit of each such operation, with a view toward
``right-sizing'' operations and ensuring that such
operations are cost effective, should be conducted and
its findings reported to the Security Council.
(B) Review of mandates and closing operations.--In
conjunction with the audit described in subparagraph
(A), the United Nations Department of Peacekeeping
Operations should conduct a comprehensive review of all
United Nations peacekeeping operation mandates, with a
view toward identifying objectives that are practical
and achievable, and report its findings to the Security
Council. In particular, the review should consider the
following:
(i) Activities that fall beyond the scope
of traditional peacekeeping activities should
be delegated to a new Peacebuilding Commission,
described in paragraph (3).
(ii) Long-standing operations that are
static and cannot fulfill their mandate should
be downsized or closed.
(iii) 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 conflict, a burden-sharing arrangement
that reduces the level of assessed
contributions, similar to that currently
supporting the United Nations Peacekeeping
Force in Cyprus, should be explored and
instituted.
(C) Leadership.--As peacekeeping operations become
larger and increasingly complex, the Secretariat should
adopt a minimum standard of qualifications for senior
leaders and managers, with particular emphasis on
specific skills and experience, and current senior
leaders and managers who do not meet those standards
should be removed or reassigned.
(D) Pre-deployment training.--Pre-deployment
training on interpretation of the mandate of the
operation, specifically in the areas of use of force,
civilian protection and field conditions, the Code of
Conduct, HIV/AIDS, and human rights should be
mandatory, and all personnel, regardless of category or
rank, should be required to sign an oath that each has
received and understands such training as a condition
of participation in the operation.
(2) Conduct and discipline.--
(A) Adoption of a uniform code of conduct.--A
single, uniform Code of Conduct that has the status of
a binding rule and applies equally to all personnel
serving in United Nations peacekeeping operations,
regardless of category or rank, should be promulgated,
adopted, and enforced.
(B) Understanding the code of conduct.--All
personnel, regardless of category or rank, should
receive training on the Code of Conduct prior to
deployment with a peacekeeping operation, in addition
to periodic follow-on training. In particular--
(i) all personnel, regardless of category
or rank, should be provided with a personal
copy of the Code of Conduct that has been
translated into the national language of such
personnel, regardless of whether such language
is an official language of the United Nations;
(ii) all personnel, regardless of category
or rank, should sign an oath that each has
received a copy of the Code of Conduct, that
each pledges to abide by the Code of Conduct,
and that each understands the consequences of
violating the Code of Conduct, including
immediate termination of the participation of
such personnel in the peacekeeping operation to
which such personnel is assigned as a condition
of appointment to such operation; and
(iii) peacekeeping operations should
conduct educational outreach programs to reach
local communities where peacekeeping personnel
of such operations are based, 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 exploitation, abuse, or other
acts of misconduct.
(C) Monitoring mechanisms.--Dedicated monitoring
mechanisms, such as the Personnel Conduct Units already
deployed to support United Nations peacekeeping
operations in Haiti, Liberia, Burundi, and the
Democratic Republic of Congo, should be present in each
operation to monitor compliance with the Code of
Conduct, and--
(i) should report simultaneously to the
Head of Mission, the United Nations Department
of Peacekeeping Operations, and the Associate
Director of OIOS for Peacekeeping Operations
(established under section 104(b)(10)); and
(ii) should be tasked with designing and
implementing mission-specific measures to
prevent misconduct, conduct follow-on training
for personnel, coordinate community outreach
programs, and assist in investigations, as OIOS
determines necessary and appropriate.
(D) Investigations.--A permanent, professional, and
independent investigative body should be established
and introduced into United Nations peacekeeping
operations. In particular--
(i) the investigative body should include
professionals with experience in investigating
sex crimes, as well as experts who can provide
guidance on standards of proof and evidentiary
requirements necessary for any subsequent legal
action;
(ii) provisions should be included in a
Model Memorandum of Understanding that obligate
Member States that contribute troops to a
peacekeeping operation to designate a military
prosecutor who will participate in any
investigation into an allegation of misconduct
brought against an individual of such Member
State, so that evidence is collected and
preserved in a manner consistent with the
military law of such Member State;
(iii) 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 and, where necessary,
for determining paternity; and
(iv) the investigative body should report
directly to the Associate Director of OIOS for
Peacekeeping Operations, while providing copies
of any reports to the Department of
Peacekeeping Operations, the Head of Mission,
and the Member State concerned.
(E) Follow-up.--A dedicated unit, similar to the
Personnel Conduct Units, staffed and funded through
existing resources, should be established within the
headquarters of the United Nations Department of
Peacekeeping Operations and tasked with--
(i) promulgating measures to prevent
misconduct;
(ii) coordinating allegations of
misconduct, and reports received by field
personnel; and
(iii) gathering follow-up information on
completed investigations, 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
belongs, and sharing such information with the
Security Council, the Head of Mission, and the
community hosting the peacekeeping operation.
(F) Financial liability and victims assistance.--
Although peacekeeping operations should provide
immediate medical assistance to victims of sexual abuse
or exploitation, the responsibility for providing
longer-term treatment, care, or restitution lies solely
with the individual found guilty of the misconduct. In
particular, the following reforms should be
implemented:
(i) The United Nations should not assume
responsibility for providing long-term
treatment or compensation by creating a
``Victims Trust Fund'', or any other such
similar fund, financed through assessed
contributions to United Nations peacekeeping
operations, thereby shielding individuals from
personal liability and reinforcing an
atmosphere of impunity.
(ii) If an individual responsible for
misconduct has been repatriated, reassigned,
redeployed, or is otherwise unable to provide
assistance, responsibility for providing
assistance to a victim should be assigned to
the Member State that contributed the troops to
which such individual belonged or to the
manager concerned.
(iii) In the case of misconduct by a member
of a military contingent, appropriate funds
shall be withheld from the troop contributing
country concerned.
(iv) In the case of misconduct by a
civilian employee or contractor of the United
Nations, appropriate wages shall be garnished
from such individual or fines shall be imposed
against such individual, consistent with
existing United Nations Staff Rules.
(G) 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 evaluations, so that managers
and commanders who take decisive action to deter and
address misconduct are rewarded, while those who create
a permissive environment or impede investigations are
penalized or relieved of duty, as appropriate.
(H) Data base.--A centralized data base should be
created and maintained within the United Nations
Department of Peacekeeping Operations to track cases of
misconduct, including the outcome of investigations and
subsequent prosecutions, to ensure that personnel who
have engaged in misconduct or other criminal
activities, regardless of category or rank, are
permanently barred from participation in future
peacekeeping operations.
(I) Welfare.--Peacekeeping operations should assume
responsibility for maintaining a minimum standard of
welfare for mission personnel to ameliorate conditions
of service, 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 facilities.
(3) Peacebuilding commission.--
(A) Establishment.--Consistent with the
recommendations of the High Level Panel Report, the
United Nations should establish a Peacebuilding
Commission, supported by a Peacebuilding Support
Office, to marshal the efforts of the United Nations,
international financial institutions, donors, and non-
governmental organizations to assist countries in
transition from war to peace.
(B) Structure and membership.--The Commission
should--
(i) be a subsidiary body of the United
Nations Security Council, limited in size to
ensure efficiency;
(ii) include members of the United Nations
Security Council, major donors, major troop
contributing countries, appropriate United
Nations organizations, the World Bank, and the
International Monetary Fund; and
(iii) invite the President of ECOSOC,
regional actors, Member States that contribute
troops, regional development banks, and other
concerned parties that are not already members,
as determined appropriate, to consult or
participate in meetings as observers.
(C) Responsibilities.--The Commission should seek
to ease the demands currently placed upon the
Department of Peacekeeping Operations to undertake
tasks that fall beyond the scope of traditional
peacekeeping, by--
(i) developing and integrating country-
specific and system-wide conflict prevention,
post-conflict reconstruction, and long-term
development policies and strategies; and
(ii) serving as the key coordinating body
for the design and implementation of military,
humanitarian, and civil administration aspects
of complex missions.
(D) Resources.--The establishment of the
Peacebuilding Commission and the related Peacebuilding
Support Office, should be staffed within existing
resources.
SEC. 403. CERTIFICATION.
(a) New or Expanded Peacekeeping Operations Contingent Upon
Presidential Certification of Peacekeeping Operations Reforms.--
(1) No new or expanded peacekeeping operations.--
(A) Certification.--Except as provided in
subparagraph (B), until the Secretary of State
certifies that the requirements described in paragraph
(2) have been satisfied, the President shall direct the
United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the
United States at the United Nations to oppose the
creation of new, or expansion of existing, United
Nations peacekeeping operations.
(B) Exception and notification.--The requirements
described under subparagraphs (F) and (G) of paragraph
(2) may be waived until January 1, 2007, if the
President determines that such is in the national
interest of the United States. If the President makes
such a determination, the President shall, not later
than 15 days before the exercise of such waiver, notify
the appropriate congressional committees of such
determination and resulting waiver.
(2) Certification of peacekeeping operations reforms.--The
certification referred to in paragraph (1) is a certification
made by the Secretary to the appropriate congressional
committees that the following reforms, or an equivalent set of
reforms, related to peacekeeping operations have been adopted
by the United Nations Department of Peacekeeping Operations or
the General Assembly, as appropriate:
(A) A single, uniform Code of Conduct that has the
status of a binding rule and applies equally to all
personnel serving in United Nations peacekeeping
operations, regardless of category or rank, has been
adopted by the General Assembly and mechanisms have
been established for training such personnel concerning
the requirements of the Code and enforcement of the
Code.
(B) All personnel, regardless of category or rank,
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 Code,
translated into the national language of such
personnel.
(C) All personnel, regardless of category or rank,
are required to sign an oath that each has received a
copy of the Code of Conduct, that each pledges to abide
by the Code, and that each understands the consequences
of violating the Code, including the immediate
termination of the participation of such personnel in
the peacekeeping operation to which such personnel is
assigned as a condition of the appointment to such
operation.
(D) 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
exploitation, abuse, or other acts of misconduct.
(E) A centralized data base has been created and is
being maintained in the United Nations Department of
Peacekeeping Operations that tracks cases of
misconduct, including the outcomes of investigations
and subsequent prosecutions, to ensure that personnel,
regardless of category or rank, who have engaged in
misconduct or other criminal activities are permanently
barred from participation in future peacekeeping
operations.
(F) 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--
(i) designate a competent legal authority,
preferably a prosecutor with expertise in the
area of sexual exploitation and abuse, to
participate in any investigation into an
allegation of misconduct brought against an
individual of such Member State;
(ii) refer to its competent national or
military authority for possible prosecution, if
warranted, any investigation of a violation of
the Code of Conduct or other criminal activity
by an individual of such Member State;
(iii) report to the Department of
Peacekeeping Operations on the outcome of any
such investigation;
(iv) undertake to conduct on-site court
martial proceedings relating to allegations of
misconduct alleged against an individual of
such Member State; and
(v) assume responsibility for the provision
of appropriate assistance to a victim of
misconduct committed by an individual of such
Member State.
(G) A professional and independent investigative
and audit function has been established within the
United Nations Department of Peacekeeping Operations
and the OIOS to monitor United Nations peacekeeping
operations.
TITLE V--DEPARTMENT OF STATE AND GOVERNMENT ACCOUNTABILITY OFFICE
SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT INTERNATIONAL
ORGANIZATIONS.
The Secretary of State shall make every effort to recruit United
States citizens for positions within international organizations.
SEC. 502. BUDGET JUSTIFICATION FOR REGULAR ASSESSED BUDGET OF THE
UNITED NATIONS.
(a) Detailed Itemization.--The annual congressional budget
justification shall include a detailed itemized request in support of
the assessed contribution of the United States to the regular assessed
budget of the United Nations.
(b) Contents of Detailed Itemization.--The detailed itemization
required under subsection (a) shall--
(1) contain information relating to the amounts requested
in support of each of the various sections and titles of the
regular assessed budget of the United Nations; and
(2) 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
titles.
(c) Adjustments and Notification.--If the United Nations proposes
an adjustment to its regular assessed budget, the Secretary of State
shall, at the time such adjustment is presented to the Advisory
Committee on Administrative and Budgetary Questions (ACABQ), notify and
consult with the appropriate congressional committees.
SEC. 503. REVIEW AND REPORT.
Not later than six months after the date of the enactment of this
Act, the Secretary of State shall conduct a review of programs of the
United Nations that are funded through assessed contributions and
submit to the appropriate congressional committees a report
containing--
(1) the findings of such review; and
(2) recommendations relating to--
(A) the continuation of such programs; and
(B) which of such programs should be voluntarily
funded, other than those specified in subparagraphs (A)
through (R) of subsection (c)(2) of section 11 of the
United Nations Participation Act of 1945, as amended by
section 101(c) of this Act.
SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Report on United Nations Reforms.--Not later than 12 months
after the date of the enactment of this Act and again 12 months
thereafter, the Comptroller General of the United States of the
Government Accountability Office shall submit to the appropriate
congressional committees a report on the status of the 1997, 2002, and
2005 management reforms initiated by the Secretary General and on the
reforms mandated by this Act.
(b) Report on Department of State Certifications.--Not later than
six months after each certification submitted by the Secretary of State
to the appropriate congressional committees under this Act and
subsection (d)(3) of section 11 of the United Nations Participation Act
of 1945 (as amended by section 101(c) of this Act), the Comptroller
General shall submit to the appropriate congressional committees a
report on each such certification. The Secretary shall provide the
Comptroller General with any information required by the Comptroller
General to submit any such report.
TITLE VI--CERTIFICATIONS AND WITHHOLDING OF CONTRIBUTIONS
SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CONTRIBUTIONS.
(a) Certifications.--
(1) In general.--Except as provided in paragraph (3), the
certifications required under subsection (d)(3) of section 11
of the United Nations Participation Act of 1945 (as amended by
section 101(c) of this Act) and sections 103, 104(a) through
104(e), sections 201(c) and 201(e), and section 202 of this Act
are certifications submitted to the appropriate congressional
committees by the Secretary of State that the requirements of
each such section have been satisfied with respect to reform of
the United Nations.
(2) Alternate certification mechanism.--
(A) In general.--Except as provided in paragraph
(3), in the event that the Secretary is unable to
submit a certification in accordance with paragraph
(1), the Secretary may submit to the appropriate
congressional committees, in accordance with
subparagraph (B), an alternate certification that
certifies that the requirements of the section to which
the original certification applies have been
implemented through reforms that are substantially
similar to the requirements of such section or
accomplish the same purposes as the requirements of
such section.
(B) Equivalency.--Reforms are substantially similar
or accomplish the same purposes if--
(i) such reforms are formally adopted in
written form by the entity or committee of the
United Nations or of its specialized agency
that has authority to enact or implement such
reforms or are issued by the Secretariat or the
appropriate entity or committee in written
form; and
(ii) such reforms are not identical to the
reforms required by a particular certification
but in the determination of the Secretary will
have the same, or nearly the same effect, as
such reforms.
(C) Written justification and consultation.--
(i) Written justification.--Not later than
30 days before submitting an alternate
certification in accordance with subparagraph
(A), the Secretary shall submit to the
appropriate congressional committees a written
justification explaining in detail the basis
for such alternate certification.
(ii) Consultation.--After the Secretary has
submitted the written justification under
clause (i), but no later than 15 days before
the Secretary exercises the alternate
certification mechanism described under
subparagraph (A), the Secretary shall consult
with the appropriate congressional committees
regarding such exercise.
(3) Limited exception for substantial compliance.--
(A) Substantial compliance.--Subject to
subparagraph (B), if at least 32 of the 39 reforms
represented by the ten certifications specified under
paragraph (1) have been implemented, all such reforms
(including the unimplemented reforms) so represented
shall be deemed to have been implemented for the year
in which the Secretary submits such certifications.
(B) Mandatory implementation of certain reforms.--
(i) In general.--The provisions of
subparagraph (A) shall not apply unless the
reforms under the following sections have been
implemented for the year to which subparagraph
(A) applies:
(I) Subsection (d)(3) of section 11
of the United Nations Participation Act
of 1945 (as amended by section 101(c)
of this Act).
(II) Section 103(b)(1)(A).
(III) Section 103(b)(2)(D).
(IV) Section 104(a)(1).
(V) Section 104(a)(6).
(VI) Section 104(b)(1).
(VII) Section 104(b)(2).
(VIII) Section 104(c)(1).
(IX) Section 201(b)(1).
(X) Section 201(b)(2).
(XI) Section 201(b)(3).
(XII) Section 201(b)(5).
(XIII) Section 202(a)(1).
(XIV) Section 202(a)(2).
(ii) Full compliance in succeeding year.--
If the unimplemented reforms under subparagraph
(A) are not implemented in the year succeeding
the year to which subparagraph (A) applies, the
provisions of subsection (b) shall apply for
such succeeding year.
(b) Withholding of United States Contributions to Regular Assessed
Budget of the United Nations.--
(1) In general.--Except as provided in paragraph (4) and in
accordance with paragraph (2), until such time as all
certifications (or alternate certifications) are submitted in
accordance with subsection (a), the United States shall
appropriate, but withhold from expenditure, 50 percent of the
contributions of the United States to the regular assessed
budget of the United Nations for a biennial period.
(2) Available until expended.--The contributions
appropriated but withheld from expenditure under paragraph (1)
are authorized to remain available until expended.
(3) Application with respect to section 11(b) of the united
nation participation act of 1945.--Until such time as all
certifications (or alternate certifications) are submitted in
accordance with subsection (a), subsection (b) of section 11 of
the United Nations Participation Act of 1945 (as amended by
section 101(c) of this Act) shall be administered as though
such section reads as follows: ``The Secretary may not make a
contribution to a regularly assessed biennial budget of the
United Nations in an amount greater than 11 percent of the
amount calculable under subsection (c).''.
(4) Section 11(d)(3) of united nations participation act of
1945.--
(A) Special rule.--A certification under subsection
(d)(3) of section 11 of the United Nations
Participation Act of 1945 (as amended by section 101(c)
of this Act) (relating to the 2008-2009 biennial period
and subsequent biennial periods) shall not be required
until such time as the United Nations makes its formal
budget presentation for the 2008-2009 biennial period.
(B) Application.--If the Secretary does not submit
a certification under such section, the 50 percent
withholding described under paragraph (1) shall apply.
(c) Release of Funds.--At such time as all certifications (or
alternate certifications) are submitted in accordance with subsection
(a), the United States shall transfer to the United Nations amounts
appropriated but withheld from expenditure under subsection (b).
(d) Annual Reviews.--
(1) In general.--The Secretary shall conduct annual
reviews, beginning one year after the date on which the
Secretary submits the final certification (or alternate
certification) in accordance with subsection (a), to determine
if the United Nations continues to remain in compliance with
all such certifications (or alternate certifications). Not
later than 30 days after the completion of each such review,
the Secretary shall submit to the appropriate congressional
committees a report containing the findings of each such
review.
(2) Action.--If during the course of any such review the
Secretary determines that the United Nations has failed to
remain in compliance with a certification (or an alternate
certification) that was submitted in accordance with subsection
(a), the 50 percent withholding described under subsection (b)
shall re-apply with respect to United States contributions each
fiscal year to the regular assessed budget of the United
Nations beginning with the fiscal year immediately following
such review and subsequent fiscal years until such time as all
certifications (or alternate certifications) under subsection
(a) have been submitted.
(e) Effective Date.--The certifications (or alternate
certifications) specified under subsection (a) shall be required with
respect to United States contributions towards payment of regular
assessed dues of the United Nations for 2007 and subsequent years.
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