[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2494 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2494

    To counter malign influence, require transparency, and promote 
    accountability within the United Nations system, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2021

Mrs. Blackburn introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To counter malign influence, require transparency, and promote 
    accountability within the United Nations system, 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.

    This Act may be cited as the ``United Nations Transparency and 
Accountability Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Employee.--The term ``employee'' means a staff member 
        who is compensated in any form in the general services, 
        professional staff, or senior management of the United Nations 
        system, including a consultant, a contractor, or a 
        subcontractor.
            (3) Malign influence operations.--The term ``malign 
        influence operations'' means a coordinated, integrated, and 
        synchronized application by a Member State of national 
        diplomatic, informational, military, economic, or other 
        capabilities, to foster attitudes, behaviors, or decisions by a 
        United Nations entity, or within the United Nations system, 
        that furthers the national interests and objectives of a Member 
        State, in a manner inconsistent with the United Nations 
        Charter.
            (4) Member state.--The term ``Member State'' means a 
        country that is a Member State of the United Nations.
            (5) Senior-level employee of the united nations.--The term 
        ``senior-level employee of the United Nations'' means an 
        individual who is employed in the professional staff or senior 
        management of the United Nations system, serving at the level 
        of D-1 or higher.
            (6) United nations entity.--The term ``United Nations 
        entity'' means--
                    (A) the United Nations General Assembly;
                    (B) the United Nations Economic and Social Council;
                    (C) the United Nations Security Council;
                    (D) the United Nations Secretariat;
                    (E) an organization related to any of the entities 
                referred to in subparagraphs (A) through (D);
                    (F) a specialized agency; or
                    (G) a subsidiary body.
            (7) United nations system.--The term ``United Nations 
        system'' means an aggregation of all United Nations entities.
            (8) United states contribution.--The term ``United States 
        contribution'' means an assessed or voluntary contribution, 
        whether financial, in-kind, or otherwise, from the United 
        States Government to a United Nations entity.

   TITLE I--COUNTERING MALIGN INFLUENCE OPERATIONS WITHIN THE UNITED 
                             NATIONS SYSTEM

SEC. 101. FINDINGS.

    Congress finds the following:
            (1) Article 100 of the United Nations Charter provides that 
        United Nations Secretariat staff ``shall not seek or receive 
        instructions from any government or from any authority external 
        to the Organization''.
            (2) Furthermore, it requires Member States to ``respect the 
        exclusively international character of the responsibilities of 
        the Secretary General and the staff and not to seek to 
        influence them in the discharge of their responsibilities''.
            (3) For decades, Russia has manipulated the United Nations 
        procurement process to its own benefit, especially in air 
        assets. Russian nationals in key procurement and personnel 
        positions inside the United Nations have repeatedly drafted 
        procurement contracts designed to ensure that Russian airframes 
        and pilots have an unfair advantage when bidding for these 
        contracts.
            (4) According to Human Rights Watch, the People's Republic 
        of China (referred to in this section as the ``PRC'') has used 
        its leadership roles within the United Nations to block 
        nongovernmental organizations critical of the PRC from being 
        accredited to the United Nations. PRC diplomats have violated 
        rules of the United Nations by harassing activists by 
        photographing and filming them on the property of the United 
        Nations, as well as contacting employees of the United Nations 
        in efforts to intimidate and harass them.
            (5) In 2013, PRC authorities detained Cao Shunli after she 
        tried to attend trainings in Geneva on the Human Rights 
        Council. She was arrested at Beijing Airport and disappeared 
        for several weeks. She had previously called on the Chinese 
        Communist Party to work with civil society during the drafting 
        of the PRC's second Universal Periodic Review, a mechanism by 
        which the United Nations Human Rights Council reviews the human 
        rights records of Member States. After 5.5 months in detention, 
        she died in a military hospital in Beijing. When 
        nongovernmental organizations at the Human Rights Council 
        called for a moment of silence in memory of Cao, the PRC 
        delegation blocked the request.
            (6) In a 2019 interview with China Central Television, Wu 
        Hongbo, the former Under Secretary General of the United 
        Nations and head of the United Nations Department of Economic 
        and Social Affairs (referred to in this section as ``UNDESA''), 
        stated publicly that as an employee of the United Nations, he 
        prioritized the PRC's interests above the impartiality of the 
        United Nations system. When discussing how he demanded the 
        United Nations police expel Dolkun Isa, an accredited 
        nongovernmental organization participant, from the United 
        Nations headquarters, Wu Hongbo described him as a ``Xinjiang 
        separatist'' and bragged about intimidating an Assistant 
        Secretary General who complained. He went on to say, ``I think 
        being a Chinese diplomat means one can't be careless, when it 
        is about protecting China's national interest and safety. We 
        have to strongly defend the motherland's interests.''.
            (7) Despite this action, Wu Hongbo was succeeded as Under 
        Secretary General and head of UNDESA by Liu Zhenmin, another 
        PRC national. Under Secretary General Liu continues to 
        prioritize PRC national interests above the impartiality 
        required in his role.
            (8) On September 19, 2019, the Department of State expelled 
        two members of the Permanent Mission of Cuba to the United 
        Nations for ``attempts to conduct influence operations against 
        the United States''.

SEC. 102. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to identify, report, and hold accountable Member States 
        that engage in malign influence operations and United Nations 
        employees who act inconsistently with the principals of 
        impartiality enshrined in the United Nations Charter;
            (2) to oppose the election as the head of any United 
        Nations entity of nationals from Member States that engage in 
        malign influence operations; and
            (3) to support Taiwan's membership or meaningful 
        participation, as appropriate, in relevant United Nations 
        entities in which Taiwan has expressed an interest in 
        participating.

SEC. 103. DESIGNATION OF SENIOR OFFICIAL.

    The Secretary of State shall designate a Senate-confirmed senior-
level official of the United States Mission to the United Nations--
            (1) to provide guidance regarding implementation of the 
        policies specified in section 102;
            (2) to fulfill the reporting requirements under section 
        104; and
            (3) to coordinate the implementation of this title within 
        the United States Government.

SEC. 104. ANNUAL REPORTS ON MALIGN INFLUENCE OPERATIONS.

    (a) In General.--Not later than August 1, 2022, and annually 
thereafter for 4 years, the Secretary of State shall submit to the 
appropriate congressional committees an unclassified report, which may 
include a classified annex, regarding malign influence operations.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, with respect to the preceding 12-month period--
            (1) a list of Member States determined to be engaged in 
        malign influence operations;
            (2) actions inconsistent with the principle of impartiality 
        enshrined in the United Nations Charter by the government of 
        any Member State described in paragraph (1); and
            (3) a description of the impact of such operations on the 
        interests and security of the United States.

SEC. 105. IMPLEMENTATION.

    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 implement the 
policies specified in section 102.

SEC. 106. PRESIDENTIAL ACTIONS IN RESPONSE TO MALIGN INFLUENCE 
              OPERATIONS.

    (a) Policy.--It shall be the policy of the United States--
            (1) to oppose malign influence operations; and
            (2) to promote respect for the impartiality and 
        independence of the United Nations system in countries 
        designated as malign global actors pursuant to subsection (b).
    (b) Designations of Countries as Malign Global Actors.--
            (1) Annual review.--Not later than September 1, 2022, and 
        annually thereafter for the following 4 years, the President 
        shall--
                    (A) review the reports required under section 104 
                and any other available evidence or information to 
                determine whether the government of a country included 
                in the most recent report required under section 104 
                has engaged in malign influence operations that 
                threatened the interests or security of the United 
                States during the preceding 12-month period or since 
                the date of the last review of the country under this 
                subparagraph, whichever period is longer; and
                    (B) designate as a malign global actor each country 
                the government of which has engaged in such operations 
                that have so threatened the interests or security of 
                the United States.
            (2) Congressional notification.--Whenever the President 
        designates a country as a malign global actor under paragraph 
        (1)(B), the President shall, as soon as practicable after the 
        designation is made, transmit to the appropriate congressional 
        committees the designation, including an explanation for why 
        the designation was made.

SEC. 107. REPORT ON ACCOUNTABILITY OF SENIOR-LEVEL EMPLOYEES OF THE 
              UNITED NATIONS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall submit to the appropriate congressional 
committees a report on feasible mechanisms and ongoing efforts to 
increase the accountability of senior-level employees of the United 
Nations.

  TITLE II--SUPPORTING UNITED STATES ENGAGEMENT IN THE UNITED NATIONS 
                                 SYSTEM

SEC. 201. OFFICE OF MULTILATERAL STRATEGY AND PERSONNEL.

    (a) In General.--The Secretary of State shall establish an Office 
of Multilateral Strategy and Personnel as a separate office within the 
Bureau of International Organization Affairs of the Department of State 
and shall appoint an individual to be the head of that office.
    (b) Duties.--The head of the Office of Multilateral Strategy and 
Personnel shall--
            (1) advocate for the employment of United States citizens 
        by all international organizations of which the United States 
        is a member, including the United Nations system;
            (2) coordinate the interagency support of non-United States 
        candidates for leadership or oversight roles within such 
        international organizations when--
                    (A) no United States citizen candidate has been 
                nominated for election to such a leadership role; and
                    (B) providing such support is in the interest of 
                the United States;
            (3) develop and maintain a publicly accessible database of 
        open positions at such international organizations;
            (4) provide details on how United States citizens may 
        submit applications for such positions;
            (5) communicate regularly with members of Congress to 
        solicit the names of qualified candidates for such positions;
            (6) maintain a comprehensive and current list of all United 
        States citizens employed by such international organizations; 
        and
            (7) regularly report to Congress on the number of such 
        citizens and identify any discrimination, prejudice, or 
        perceived bias against such citizens seeking to secure such 
        employment.
    (c) Coordination.--
            (1) In general.--The head of the Office of Multilateral 
        Strategy and Personnel shall coordinate all nominations by the 
        relevant agencies of the Federal Government for election within 
        the United Nations system.
            (2) Recommendations.--Heads of agencies of the Federal 
        Government shall recommend to the head of the Office of 
        Multilateral Strategy and Personnel for consideration 
        candidates for election, promotion, or advocacy within relevant 
        international organizations.
    (d) Personnel.--The Secretary of State shall ensure that the Office 
of Multilateral Strategy and Personnel is adequately staffed at all 
times to fulfill its duties under subsection (b).
    (e) Reporting.--The head of the Office of Multilateral Strategy and 
Personnel shall report directly to the relevant Deputy Assistant 
Secretary within the Bureau of International Organization Affairs.

SEC. 202. JUNIOR PROFESSIONAL OFFICERS.

    (a) Increase in Junior Professional Officer Positions.--The 
Secretary of State shall increase by not less than 50 percent the 
number of Junior Professional Officer positions sponsored by the United 
States within the United Nations system over the number of such 
positions so sponsored as of the date of the enactment of this Act.
    (b) Coordination.--Not later than December 31 of each year, the 
head of each bureau of the Department of State shall submit to the head 
of the Office of Multilateral Strategy and Personnel established 
pursuant to section 201--
            (1) the amount of funding each bureau has designated during 
        the preceding fiscal year for Junior Professional Officer 
        positions in the United Nations system; and
            (2) the number of such positions that existed on the last 
        day of such fiscal year.

     TITLE III--TRANSPARENCY AND ACCOUNTABILITY FOR UNITED STATES 
                  CONTRIBUTIONS TO THE UNITED NATIONS

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) As underscored by repeated revelations of waste, fraud, 
        and abuse, oversight and accountability mechanisms within the 
        United Nations system remain deficient, despite decades of 
        reform attempts, including those initiated by Secretaries 
        General of the United Nations.
            (2) Notwithstanding the personal intentions of any 
        Secretary General of the United Nations to promote 
        institutional transparency and accountability within the United 
        Nations system, the Secretary General lacks the power to impose 
        far-reaching management reforms without the concurrence of the 
        General Assembly.
            (3) The United Nations Office of Internal Oversight 
        Services (referred to in this section as the ``OIOS'') is 
        tasked with providing transparency and accountability to Member 
        States.
            (4) The United States successfully led efforts within the 
        General Assembly to expand OIOS, resulting in increased 
        independence of the office and an enhanced ability to expose 
        fraud, waste, abuse, and other misconduct.
            (5) However, to an unacceptable degree, major donor states, 
        including the United States, lack access to reasonably 
        detailed, reliable information on the use of funding made 
        available through single-country trust funds, and the outcomes 
        and results stemming from United Nations activities that would 
        allow them to determine the overall performance of the United 
        Nations system.

SEC. 302. ANNUAL REPORT ON FINANCIAL CONTRIBUTIONS.

    Section 4(b) of the United Nations Participation Act of 1945 (22 
U.S.C. 287b(b)) is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) In general.--Not later than''; and
            (2) by adding at the end the following:
            ``(2) Contents.--Each report required under this subsection 
        shall set forth, for the fiscal year covered by the report, 
        information relating to--
                    ``(A) the total amount of all United States 
                contributions to international organizations in which 
                the United States participates as a member;
                    ``(B) the approximate percentage of United States 
                contributions to each international organization, when 
                compared with all contributions to any such 
                international organization, from any source; and
                    ``(C) for each United States contribution, 
                information relating to--
                            ``(i) the amount of the contribution;
                            ``(ii) a description of the contribution 
                        (including whether assessed or voluntary);
                            ``(iii) the department or agency of the 
                        United States Government responsible for the 
                        contribution;
                            ``(iv) the purpose of the contribution; and
                            ``(v) the identity of the international 
                        organization receiving the contribution.
            ``(3) Public availability of information.--Not later than 
        14 days after submitting each report required under this 
        subsection, the Director of the Office of Management and Budget 
        shall post a public version of the report on a text-based, 
        searchable, and publicly available internet website.''.
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