[Congressional Record Volume 140, Number 118 (Friday, August 19, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              AN INSPECTOR GENERAL FOR THE UNITED NATIONS

                                 ______


                          HON. LEE H. HAMILTON

                               of indiana

                    in the house of representatives

                        Friday, August 19, 1994

  Mr. HAMILTON. Mr. Speaker, many Members have been concerned about 
improving the efficiency and effectiveness of the United Nations. That 
concern was reflected in section 401 of the Foreign Relations 
Authorization Act for fiscal years 1994 and 1995 (Public Law 103-236). 
In that law, the Congress withheld significant funds from the U.S. 
contribution for the United Nations until the U.N. establishes an 
independent office of inspector general.
  On July 25, Chairman Alan Mollohan and I wrote to Ambassador 
Madeleine Albright, U.S. Representative to the United Nations, to 
underscore congressional concerns on this issue. I include our letter, 
an Ambassador Albright's response, for the Record.
                                         The Representative of the


                                      United States of America

                                        To the United Nations,

                                                   August 1, 1994.
     Hon. Lee H. Hamilton,
     Chairman, Committee on Foreign Affairs, House of 
         Representatives.
       Dear Mr. Chairman: Thank you for your letter of July 25 
     concerning the Office of Internal Oversight Services 
     (``OIOS'') in the UN. Your letter is particularly timely 
     because the General Assembly, after an enormous diplomatic 
     effort by the United States, formally established this office 
     on July 29. We have pushed this issue vigorously and 
     successfully and believe that the President will be able to 
     certify compliance with Section 401 of the Foreign Relations 
     Authorization Act, to which your letter refers.
       I agree it is important that a qualified individual be 
     selected to head the OIOS. The resolution approved by the 
     General Assembly requires the Secretary-General, after 
     consultations with member states, to appoint an individual 
     who is ``an expert in the fields of accounting, auditing, 
     financial analysis and investigations, management, law or 
     public administration.'' During consultations, I will stress 
     the need to identify a candidate who meets these 
     qualifications, which are identical to those listed in 
     section 401.
       Responsibility for the implementing procedures rests with 
     the Secretariat staff, led by Mr. Joseph Connor, the Under 
     Secretary General for Management. Our Ambassador for UN 
     Management and Reform, David Birenbaum, has met with Mr. 
     Connor to advise him of the language contained in Section 
     401. We have also provided Mr. Connor with information 
     concerning the operation of Inspector General offices in the 
     United States.
       The procedures to be issued by the Secretariat will 
     implement the resolution establishing the OIOS. These 
     procedures will take into account the resolution, the 
     statement of explanation of the Coordinator of the Working 
     Group and an opinion of the Legal Adviser of the UN 
     confirming that the OIOS has jurisdiction over ``the entire 
     Organization, including separately administered organs.'' The 
     State Department has provided your Committee with a copy of 
     the resolution and statement of explanation. I am pleased to 
     enclose a copy of the opinion of the Legal Adviser.
       Thank you again for your letter and for your interest in 
     United Nations reform. I will continue to consult with you 
     regularly on matters of mutual interest and hope you will not 
     hesitate to call me at any time.
       With best wishes,
           Sincerely,
                                            Madeleine K. Albright.
                                  ____



                                               United Nations,

                                                    July 13, 1994.
     Subject: UN Inspector General: Draft resolution of 12 July 
         1994.

     To: Mr. Joseph Connor, Under-Secretary-General for 
         Administration & Management
     From: Ralph Zacklin, Director and Deputy to the Under-
         Secretary-General In charge of the Office of Legal 
         Affairs.

       1. This is in response to your request that I confirm that 
     the following language will give the Inspector-General 
     jurisdiction over the United Nations, including all its 
     organs such as UNDP, UNICEF, UNEP, UNHCR, etc: ``[The purpose 
     of the            is to assist the Secretary-General in 
     fulfilling his internal oversight responsibilities in respect 
     of the resources and staff of the Organization through the 
     exercise of the following functions: . . .]''
       2. This formulation will cover the entire Organization, 
     including separately administered organs.
       3. As I mentioned to you yesterday, the travaux 
     preparatoires of the resolution, i.e. the record of the 
     negotiations and discussions, are an important tool of legal 
     interpretation. Thus, anything that could be done by way of 
     statements for the record, for example, by the Chairperson 
     that would underline that the Inspector-General is to have 
     authority to audit, investigate, inspect, etc., all organs of 
     the United Nations, including all operational funds and 
     programmes such as UNDP, UNICEF, UNEP, UNHCR, etc., would be 
     useful.
                                  ____



                                Congress of the United States,

                                    Washington, DC, July 25, 1994.
     Hon. Madeleine K. Albright,
     Representative to the United Nations, New York, NY
       Dear Ambassador Albright: We write concerning 
     implementation of Section 401 of the Foreign Relations 
     Authorization Act for fiscal years 1994 and 1995 (Public Law 
     103-236).
       As you know, Section 401 withholds fifty percent of the 
     U.S. contribution for international peacekeeping activities 
     for fiscal year 1994 until the United Nations has established 
     an independent office of inspector general that meets the 
     criteria spelled out in that legislation. The need for an 
     independent, credible inspector general at the United Nations 
     has been stressed repeatedly by the Congress.
       We understand that the Fifth Committee of the U.N. General 
     Assembly has approved by consensus a resolution establishing 
     an Office of Internal Oversight Services, with approval by 
     the full General Assembly expected shortly. We appreciate the 
     progress represented by the approval of the resolution as the 
     first step toward being able to implement Section 401, but it 
     is our view that additional measures need to be taken to meet 
     the requirements of the section. We would like to share our 
     thoughts about the further measures that must be taken to 
     meet the certification requirements of the section.
       As we understand it, the Administration intends to meet 
     those requirements by the cumulative effect of the 
     resolution, the Chairman of the Working Group's statement of 
     explanation upon approval of the resolution, and subsequent 
     regulations to be promulgated by the United Nations. Our 
     sense is that it will be very difficult to convince some key 
     Members that this new office represents a change from 
     ``business as usual'' at the United Nations. We believe it is 
     critical for you to take the following two actions in the 
     period before September 30, the deadline for the President to 
     certify:
       First, you must bring the full diplomatic powers of the 
     United States Government to bear to ensure that the 
     appointment of the individual heading the new office is made 
     ``on the basis of the appointee's integrity and demonstrated 
     ability'' in the areas outlined under the law. The kind of 
     individual chosen will influence heavily Congressional 
     perceptions of the new office's credibility.
       Second, we urge you to consult closely with the Congress on 
     the development of the implementing regulations. Because 
     certification cannot occur unless these regulations are 
     adequate, it is essential that Congress be regularly informed 
     on the status of their development.
       We would appreciate your assurances that Congress will be 
     consulted fully and regularly before these crucial 
     implementing regulations are promulgated. We look forward to 
     working closely with you on this important issue.
       With best wishes,
           Sincerely,
     Alan B. Mollohan,
       Chairman.

                          ____________________