[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2745 Reported in House (RH)]






                                                  Union Calendar No. 68
109th CONGRESS
  1st Session
                                H. R. 2745

                          [Report No. 109-120]

         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

                             June 10, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on June 7, 
                                 2005]

_______________________________________________________________________

                                 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 ``Henry J. Hyde 
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 
Henry J. Hyde 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 section 103, sections 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.
                                                  Union Calendar No. 68

109th CONGRESS

  1st Session

                               H. R. 2745

                          [Report No. 109-120]

_______________________________________________________________________

                                 A BILL

         To reform the United Nations, and for other purposes.

_______________________________________________________________________

                             June 10, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed