[Congressional Record Volume 151, Number 159 (Tuesday, December 13, 2005)]
[Senate]
[Page S13506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 2095. A bill to ensure payment of United States assessments for 
United Nations peacekeeping operations in 2005 and 2006; to the 
Committee on Foreign Relations.
  Mr. BIDEN. Mr. President, today I introduce legislation to ensure 
that the United States does create new arrears at the United Nations. 
At a time when our Government is seeking important reforms at the 
United Nations, it would be a mistake for us to fall short on our dues 
at the U.N. But unless Congress acts promptly, that is what we are 
about to do.
  Here's why.
  In 1994, Congress passed a law limiting U.S. payments for U.N. 
peacekeeping at 25 percent after 1995. At the time, the United States 
was assessed by the U.N. at a rate of about 31 percent for 
peacekeeping. Thus, the United States incurred arrears because of the 
25 percent limitation--that is, the gap between the 25 percent and 31 
percent.
  In 1999, Congress approved the Helms-Biden law. It authorized the 
repayment of U.S. arrears to the U.N. conditioned on certain reforms in 
the U.N. system. One of those reforms was a negotiated reduction in the 
United Nations of the U.S. peacekeeping rate down to 25 percent. 
Through negotiations in 2000, U.S. Ambassador Holbrooke succeeded in 
reducing the U.S. assessments for peacekeeping to just over 27 percent.
  In 2001, Congress amended the Helms-Biden law to allow the arrears 
payments to be provided to the U.N. at the higher rate--27 percent--
that Ambassador Holbrooke negotiated. But the original 1994 law 
limiting our payments to 25 percent was never repealed.
  In the past few years, Congress has amended the 1994 law on a 
temporary basis by raising the 25 percent limitation to conform it to 
the rate negotiated by Ambassador Holbrooke. That temporary change in 
law lasted through fiscal year 2005. But it has now expired.
  Therefore, the law today is this: the United States may not pay more 
than 25 percent for peacekeeping--even though the United Nations 
assesses the United States at the rate of roughly 27 percent. In the 
coming weeks, we are scheduled to pay a bill of about $344 million that 
has come due since October 1. Under U.S. law, we will only be able to 
pay about $319 million, leaving a shortfall of about $25 million. At a 
time when our diplomats are in the final stages of negotiating 
important reforms in the U.N. system, it would be a mistake 
unilaterally to withhold payments to the U.N. Rather than encourage 
reform, it may cause an adverse reaction by other nation and undermine 
our reform agenda.
  Earlier this year, the Bush administration recognized this coming 
train wreck. On March 1, the Department of State transmitted to 
Congress its official request for the Foreign Relations Authorization 
Act for fiscal year 2006 and 2007. Section 401 of that legislation 
would amend current law and raise the limitation on U.S. payments to 
27.1 percent through calendar year 2007. The summary of the request 
said as follows: ``Without further relief, the U.N. peacekeeping cap 
would revert to 25% and the United States would go into arrears. The 
proposed section would . . . enable the United States to pay U.N. 
assessments at the rate assessed by the U.N. up to a rate of 27.1% . . 
. [t]his would allow the United States to pay its peacekeeping 
assessment in full, including funding for a new peace support operation 
in Sudan . . .''
  Since then, however, the administration has done little to secure 
enactment of this provision. On December 1, 2005, the Secretary of 
State requested by letter to the chairman of the Committee on 
Appropriations several ``critical legislative proposals that are of a 
time sensitive nature and warrant enactment prior to the Congress' 
adjournment in mid-October.'' The request contains four provisions but 
does not include the provision required to assure full payment of U.N. 
peacekeeping assessments.
  Mr. President, I realize that the Congress has a lot on its agenda in 
the final days of the first session. But we have a responsibility to 
ensure payment of our obligations to the United Nations--and to ensure 
that we do not undermine the negotiations on U.N. reform now underway.

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