[House Report 109-132]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-132
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 2745, HENRY J. HYDE UNITED NATIONS
REFORM ACT OF 2005
_______
June 15, 2005.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Bishop of Utah, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 319]
The Committee on Rules, having had under consideration
House Resolution 319, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2745, the
Henry J. Hyde United Nations Reform Act of 2005, under a
structured rule. The rule provides twenty minutes of general
debate equally divided and controlled by the chairman and
ranking minority member of the Committee on International
Relations. The rule waives all points of order against
consideration of the bill.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on International
Relations now printed in the bill shall be considered as an
original bill for the purpose of amendment and shall be
considered as read. The rule waives all points of order against
the amendment in the nature of a substitute recommended by the
Committee on International Relations.
The rule makes in order only those amendments printed in
this report and amendments en bloc described in section 3 of
the resolution.
The rule provides that amendments shall be considered only
in the order specified in this report, may be offered only by a
Member designated in this report, shall be debatable for the
time specified in this report, shall not be subject to
amendment, shall be considered as read, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The rule waives all points of
order against amendments printed in this report and amendments
en bloc described in section 3 of this resolution.
The rule provides for an additional 20 minutes of general
debate on the topic of accountability of the United Nations
prior to consideration of amendments printed in subpart A of
Part 1 of this report; an additional 10 minutes of general
debate on the topic of United Nations peacekeeping operations
prior to consideration of amendments printed in subpart B of
Part 1 of this report; an additional 10 minutes of general
debate on the topic of the International Atomic Energy Agency
prior to consideration of amendments printed in subpart C of
Part 1 of this report; an additional 20 minutes of general
debate on the topic of human rights prior to consideration of
amendments printed in subpart D of Part 1 of this report; an
additional 20 minutes of general debate on the topic of the
Oil-for-Food Program prior to consideration of amendments
printed in subpart E of Part 1 of this report.
The rule authorizes the chairman of the Committee on
International Relations or his designee to offer amendments en
bloc consisting of amendments in part 2 of this report or
germane modifications thereto, which shall be considered as
read except that modifications shall be reported, which shall
not be subject to amendment or a demand for division of the
question in the House or Committee of the Whole, and which
shall be debatable for 20 minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on International Relations or their designees.
Finally, the rule provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
The Committee on Rules is not aware of any points of order
against consideration of the bill. The waivers of all points of
order are prophylactic in nature.
SUMMARY OF AMENDMENTS MADE IN ORDER
PART 1--SUBPART A
1. King (NY): Instructs the President to direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States to ensure
the Secretary General exercises the right and duty to waive
immunity of any United Nations official who is under
investigation for or is charged with committing a serious
criminal offense. (10 minutes)
2. Garrett: Requires the Comptroller General to submit a
report to Congress describing the costs associated with the
contracting for and construction of the Geneva, Switzerland,
buildings of the World Meteorological Organization (WMO) and
the World Intellectual Property Organization (WIPO). (10
minutes)
3. Cannon: Adds whether the United Nations or any of its
specialized agencies have contracted with parties on the U.S.
Government's Excluded Parties List to the report to Congress on
the state of U.N. reforms since 1990. (10 minutes)
4. McCotter: Provides that no employee of the U.N. shall be
compensated while participating in a domestic election except
for voting and acting on behalf of the U.N. in an authorized
U.N. mission; that the U.N. cannot hire an employee who has
been convicted in a generally recognized court for any crime or
crimes involving financial misfeasance, malfeasance, fraud or
perjury; that any U.N. employee who is convicted for any crime
or crimes involving financial misfeasance, malfeasance, fraud
or perjury shall be subject to termination; that any employee
who has contact regarding the internal ongoing operations of
the U.N. with any person not employed by the U.N. shall prepare
a memorandum of such contact and make it available to Member
States. (10 minutes)
5. Poe: Requires OMB to submit a report to the House
International Relations Committee on the U.S. contributions to
the U.N. The report shall include assessed, voluntary, and in-
kind contributions. (10 minutes)
6. Stearns: Gives the Independent Oversight Board and the
Office of Internal Oversight Services subpoena power in
conducting their investigations. (10 minutes)
PART 1--SUBPART B
1. Boozman: Adds the lifting of restrictions on the
secondment of military personnel to serve at the Department of
Peacekeeping Operations headquarters in New York to the list of
reforms which the United States should pursue. It is not linked
to a certification requirement and withholding of assistance.
(10 minutes)
2. Kline: Requires that nothing in the title regarding
peacekeeping operations shall be construed as superseding the
Uniform Code of Military Justice or operating to affect the
surrender of U.S. officials to a foreign country or
international tribune, including the International Criminal
Court, and nothing in the title shall be interpreted in a
manner inconsistent with the American Servicemembers'
Protection Act. (10 minutes)
PART 1--SUBPART C
1. Cantor/Berkley: Directs the U.S. Permanent
Representative to the IAEA to ensure that the IAEA Board of
Governors adopts a resolution making Iran ineligible to receive
any nuclear material, technology, equipment, or assistance from
any IAEA Members State until Iran is in full compliance with
the IAEA. (10 minutes)
2. Kirk/Andrews: Calls for the International Atomic Energy
Agency (IAEA) to rescind the Small Quantities Protocol (SQP)
and requires that any nation that has signed the SQP to have
implemented and be in compliance with the Additional Protocol
providing for more stringent inspections; and prohibit any IAEA
members from receiving any nuclear-related material,
technology, equipment, or assistance and subject it to
penalties, if they do not adhere to the higher inspections
standards. (10 minutes)
3. Markey: Calls for the President to direct the U.S.
Permanent Representative to the IAEA to call for penalties to
any State Member that violates or withdraws from the
Nonproliferation Treaty by requiring them to return any nuclear
materials or technology acquired for peaceful purposes. (10
minutes)
PART 1--SUBPART D
(HUMAN RIGHTS)
1. Royce: Adds an additional paragraph to the list of
reforms in section 201(b), which the President shall direct the
U.S. Permanent Representative to the U.N. to achieve in the
area of human rights reforms. The new paragraph states that
country specific resolutions shall not be eliminated. This
additional provision is made part of the certification
andwithholding process of section 601. (10 minutes)
2. Fortenberry: Directs the U.S. Permanent Representative
to the U.N. to use the voice, vote, and influence of the U.S.
at the U.N. to make every effort to ensure the formal adoption
and implementation of mechanisms to: (1) suspend the membership
of a Member State if it is determined that the government of
such Member State is engaged or complicit in an act of
genocide, war crimes, or crimes against humanity; (2) impose an
arms and trade embargo, travel restrictions and asset freeze
upon groups or individuals responsible for such acts; (3)
deploy a U.N. peacekeeping operation from an international or
regional organization; (4) deploy monitors from the U.N. High
Commissioner for Refugees to the area where such acts are
occurring; and (5) authorize the establishment of an
international commission of inquiry into such acts. Links the
provision to the certification and withholding process under
section 601. (10 minutes)
PART 1--SUBPART E
1. Flake: Creates a certification of U.N. cooperation that
requires the U.N. to release documents that concern the Oil-
for-Food Program, upon request of the permanent representatives
of member states; and to waive the immunity of U.N. officials
from the judicial process in the U.S. for civil or criminal
acts under federal or state law that transpired in the U.S. and
in connection with the Oil-for-Food Program. (10 minutes)
2. Barton: Directs the Independent Oversight Board to
review the Final Report of the Independent Inquiry Committee
(IIC) into the United Nations Oil for Food Program (OFF). The
IOB's review would focus on the adequacy of the IIC's Final
Report or any subsequent reports of the IIC or any possible
successor to the IIC. (10 minutes)
PART 2
Chabot/Lantos: Directs the U.S. ambassador to the U.N. to
oppose anti-Semitic statements and anti-Israel resolutions in
the U.N. (10 minutes)
2. Wilson (SC): Adds the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories and any
other entity the Secretary determines results in duplicative
efforts or funding or fails to ensure balance in the approach
to Israeli-Palestinian issues to the list of entities which the
Department of State is directed to review and report on in
order to avoid duplicative efforts and funding. (10 minutes)
3. King (IA): Prohibits the Secretary of State from making
contributions to the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA) in an amount
greater than the highest contribution to UNRWA made by an Arab
country, but may not exceed 22% of the total budget of UNRWA.
(10 minutes)
4. McCotter/Engel: Calls on U.S. Permanent Representatives
to ensure full implementation of United Nations Security
Council Resolution (UNSCR) 1559, including by calling for U.N.
inspectors to verify and certify withdrawal of all foreign
forces, including security, intelligence, and police, as well
as disarming of all militias; and by calling for U.N. observer
team to prevent further manipulation of the Lebanese electoral
process, including helping to prevent targeted assassination of
Lebanese political figures. This amendment also calls for the
U.S. to seek adoption of a UNSC Resolution to impose punitive
measures on Syria and other foreign forces, such as Iran, whose
forces remain in Lebanon in violation of UNSCR 1559 and those
who directly, or through their proxies, are infringing upon the
territorial integrity or political sovereignty of Lebanon. (10
minutes)
5. Pence: Requires that there be no more than five times
difference in the levels of assessment among the permanent
members of the U.N. Security Council. If the Secretary of State
cannot certify that such requirement is met, the U.S.
Ambassador to the U.N. is required to use the voice, vote and
influence of the U.S. to deny that permanent member the use of
their veto in the Security Council. (10 minutes)
6. Ros-Lehtinen: Calls for the establishment of a democracy
fund to assist countries that respect and uphold human rights
and are determined by the Secretary of State to be emerging
democracies or democracies in transition. Fund would be
administered by the U.S. and other members of the U.N.
Democracy Caucus. (10 minutes)
7. Garrett: Discourages the State Department from
increasing the size of the U.N. Security Council if such an
increase would diminish the United States' influence on the
Council. (10 minutes)
8. Garrett: Directs the U.S. Permanent Representative to
the U.N. to make every effort to enforce zero nominal growth in
all assessed dues to the regular budget of the U.N., its
specialized agencies, and its funds and programs. (10 minutes)
9. Gohmert: Prohibits U.S. assistance to a country that
opposed the position of the U.S. in the U.N. The term ``opposed
the position of the U.S.'' means, in the case of a country,
that the country's votes in the General Assembly and Security
Council (if the country is a member) were the same as the
position of the U.S. less than 50% of the time. (10 minutes)
10. Kucinich: Adds ``strengthening of international labor
rights'' as another U.N. reform and adds it to the
certification and withholding process of section 601. (10
minutes)
11. Pearce: Prohibits an employee from any U.N. entity,
bureau, division, department, or specialized agency from having
unauthorized contact, including business contact, with a Member
State that is subject to U.N. sanctions. (10 minutes)
12. Stearns: Changes the amount of regular U.S. dues
withheld from 50% to 75%. (10 minutes)
13. Lantos/Shays: Amendment in the Nature of a Substitute.
Contains all the reforms of H.R. 2745, with the following
differences: (1) Rather than require withholding dues if
certain reforms are not met, the substitute authorizes the
Secretary of State to withhold up to 50% of our U.N. dues, but
would not mandate such a cut; (2) Rather than withhold a
portion of U.S. dues to the U.N. if its member states refuse to
change certain programs from the ``assessed'' to the
``voluntary'' budget, the substitute authorizes the Secretary
of State to withhold up to 50% of U.S. dues to the U.N. dues if
substantial progress has not been made to carry out such a
change; (3) while keeping the U.N. reforms on peacekeeping, the
substitute provides the Secretary of State with a waiver in the
event that a new or expanded mission is essential to America's
national interest; (4) the substitute also ensures that we do
not withhold funds from the U.N. when it is separate
specialized agencies, such as the WorId Health Organization or
the World Intellectual Property Organization, that have failed
to make necessary reforms; (5) the substitute provides for an
extension of the authority to pay our peacekeeping dues at 27.1
percent for the next two years, ensuring that we do not
immediately go into arrears at the U.N.; and the amendment
includes incentives by supporting an effort to pay our dues on
time (we now pay in the last quarter of the calendar year),
supports an increased U.N. budget for the large number of new
offices that will be needed to implement the reforms, supports
a well structured buyout of unneeded U.N. personnel and
supports a contribution to the U.N. Democracy Fund. (30
minutes)
TEXT OF AMENDMENTS MADE IN ORDER
PART 1--SUBPART A
1. An Amendment To Be Offered by Representative King of New York, or
His Designee, Debatable for 10 Minutes
In section 104, add at the end the following new subsection:
(f) Waiver of Immunity.--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 Secretary General exercises
the right and duty of the Secretary General under section 20 of
the Convention on the Privileges and Immunities of the United
Nations to waive the immunity of any United Nations official in
any case in which such immunity would impede the course of
justice. In exercising such waiver, the Secretary General is
urged to interpret the interests of the United Nations as
favoring the investigation or prosecution of a United Nations
official who is credibly under investigation for having
committed a serious criminal offense or who is credibly charged
with a serious criminal offense.
----------
2. An Amendment To Be Offered by Representative Garrett of New Jersey,
or His Designee, Debatable for 10 Minutes
In section 504, add at the end the following new subsection:
(c) United Nations Construction and Contracting.--Not later
than six months after the date of the enactment of this Act,
the Comptroller General shall submit to the Committee on
International Relations of the House of Representatives, the
Committee on Foreign Relations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Committee on Appropriations of the Senate a report describing
the costs associated with the contracting for and construction
of the Geneva, Switzerland, buildings of the World
Meteorological Organization (WMO) and the World Intellectual
Property Organization (WIPO). The report shall include analyses
of the procurement procedures for each such building and shall
specifically address issues of any corrupt contracting
practices that are discovered, such as rigged bids and
kickbacks, as well as other improprieties. The report shall
also include an identification of other credible allegations of
corrupt contracting at United Nations construction projects
that involve major construction on a scale comparable to the
WMO and WIPO construction projects, and a description of the
results of an investigation into each such credible allegation.
----------
3. An Amendment To Be Offered by Representative Cannon of Utah, or His
Designee, Debatable for 10 Minutes
In section 108(b)(4) (relating to the report on United
Nations reform), strike ``and'' after the semicolon.
In section 108(b)(5), strike the period at the end and insert
``; and''.
In section 108(b), add at the end the following new
paragraph:
(6) whether the United Nations or any of its
specialized agencies has contracted with any party
included on the Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs.
----------
4. An Amendment To Be Offered by Representative McCotter of Michigan,
or His Designee, Debatable for 10 Minutes
In section 104(c)(1), add at the end the following new
sentence: ``The UNOE shall promulgate ethics rules, including
the following:''.
In section 104(c)(1), add at the end the following new
subparagraphs:
(A) No employee of any United Nations entity,
bureau, division, department, or specialized
agency may be compensated while participating
in the domestic politics of the country of such
employee, except for voting or acting as part
of a Security Council, General Assembly, or
legitimately authorized United Nations mission
or assignment.
(B) No United Nations entity, bureau,
division, department, or specialized agency may
hire an individual convicted in a generally
recognized court of a democratically-elected
government with an independent judiciary and an
extradition treaty with the United States and
the European Union for any crime or crimes
involving financial misfeasance, malfeasance,
fraud, or perjury.
(C) The employment of an employee of any
United Nations entity, bureau, division,
department, or specialized agency who is
convicted in a generally recognized court of a
democratically-elected government with an
independent judiciary and an extradition treaty
with the United States and the European Union
of any crime or crimes involving financial
misfeasance, malfeasance, fraud, or perjury
shall be subject to termination.
(D) If an employee of any United Nations
entity, bureau, division, department, or
specialized agency has contact regarding the
disposition of ongoing internal United Nations
operations or decisions with an individual who
is not an employee or official of the
government of a Member State (or a similarly
situated individual), with an individual who is
not officially employed by any United Nations
entity, bureau, division, department, or
specialized agency, or with an individual who
is not a working member of the media, a
memorandum of such contact shall be prepared by
such employee and, upon request, be made
available to Member States.
----------
5. An Amendment To Be Offered by Representative Poe of Texas, or His
Designee, Debatable for 10 Minutes
In title I, add at the end the following new section:
SEC. 110. REPORT ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS.
Not later than 12 months after the date of the enactment of
this Act, the Director of the Office of Management and Budget
shall submit to the Committee on International Relations of the
House of Representatives, the Committee on Foreign Relations of
the Senate, the Committee on Appropriations of the House of
Representatives, and the Committee on Appropriations of the
Senate a report on United States contributions to the United
Nations. Such report shall examine assessed, voluntary, in-
kind, and all other United States contributions.
----------
6. An Amendment To Be Offered by Representative Stearns of Florida, or
His Designee, Debatable for 10 Minutes
In section 104(a) (relating to the creation of an Independent
Oversight Board), add at the end the following new paragraph:
(7) The IOB shall have subpoena power.
In section 104(b) (relating to reforms of the Office of
Internal Oversight Services), add at the end the following new
paragraph:
(11) The OIOS shall have subpoena power.
----------
TEXT OF AMENDMENTS MADE IN ORDER
PART 1--SUBPART B
1. An Amendment To Be Offered by Representative Boozman of Arkansas, or
His Designee, Debatable for 10 Minutes
In section 402(1) (relating to reform of United Nations
peacekeeping operations), add at the end the following new
subparagraph:
(E) Gratis military personnel.--The General
Assembly should lift restrictions on the
utilization at the headquarters in New York,
the United States, of the Department of
Peacekeeping Operations of gratis military
personnel by the Department so that the
Department may accept secondments from Member
States of military personnel with expertise in
mission planning, logistics, and other
operational specialties.
----------
2. An Amendment To Be Offered by Representative Kline of Minnesota, or
His Designee, Debatable for 10 Minutes
In title IV (relating to United Nations peacekeeping
operations), add at the end the following new section (and
conform the table of contents accordingly):
SEC. 404. RULE OF CONSTRUCTION RELATING TO PROTECTION OF UNITED STATES
OFFICIALS AND MEMBERS OF THE ARMED FORCES.
Nothing in this title shall be construed as superseding the
Uniform Code of Military Justice or operating to effect the
surrender of United States officials or members of the Armed
Forces to a foreign country or international tribunal,
including the International Criminal Court, for prosecutions
arising from peacekeeping operations or other similar United
Nations-related activity, and nothing in this title shall be
interpreted in a manner inconsistent with the American
Servicemembers' Protection Act of 2002 (title II of the 2002
Supplemental Appropriations Act for Further Recovery From and
Response To Terrorist Attacks on the United States; Public Law
107-206).
----------
TEXT OF AMENDMENTS MADE IN ORDER
PART 1--SUBPART C
1. An Amendment To Be Offered by Representative Cantor of Virginia, or
His Designee, Debatable for 10 Minutes
In section 301, redesignate subsection (d) as subsection (e).
In section 301, insert after subsection (c) the following new
subsection:
(d) Nuclear Program of Iran.--
(1) United states action.--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 make every effort to ensure the
adoption of a resolution by the IAEA Board of Governors
that makes Iran ineligible to receive any nuclear
material, technology, equipment, or assistance from any
IAEA Member State and ineligible for any IAEA
assistance not related to safeguards inspections or
nuclear security until the IAEA Board of Governors
determines that Iran--
(A) is providing full access to IAEA
inspectors to its nuclear-related facilities;
(B) has fully implemented and is in
compliance with the Additional Protocol; and
(C) has permanently ceased and dismantled all
activities and programs related to nuclear-
enrichment and reprocessing.
(2) Penalties.--If an IAEA Member State is determined
to have violated the prohibition on assistance to Iran
described in paragraph (1) before the IAEA Board of
Governors determines that Iran has satisfied the
conditions described in subparagraphs (A) through (C)
of such paragraph, such Member State shall be subject
to the penalties described in section 301(a)(3), shall
be ineligible to receive nuclear material, technology,
equipment, or assistance from any IAEA Member State,
and shall be ineligible to receive any IAEA assistance
not related to safeguards inspections or nuclear
security until such time as the IAEA Board of Governors
makes such determination with respect to Iran.
----------
2. An Amendment To Be Offered by Representative Kirk of Illinois, or
His Designee, Debatable for 10 Minutes
In section 301, redesignate subsection (d) as subsection (e).
In section 301, insert after subsection (c) the following new
subsection:
(d) Small Quantities Protocol.--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 make every effort to ensure that the IAEA changes the policy
regarding the Small Quantities Protocol in order to--
(1) rescind and eliminate the Small Quantities
Protocol;
(2) require that any IAEA Member State that has
previously signed a Small Quantities Protocol to sign,
ratify, and implement the Additional Protocol, provide
immediate access for IAEA inspectors to its nuclear-
related facilities, and agree to the strongest
inspections regime of its nuclear efforts; and
(3) require that any IAEA Member State that does not
comply with paragraph (2) to be ineligible to receive
nuclear material, technology, equipment, or assistance
from any IAEA Member State and subject to the penalties
described in section 301(a)(3).
----------
3. An Amendment To Be Offered by Representative Markey of
Massachusetts, or His Designee, Debatable for 10 Minutes
In section 301(a)(3), amend the paragraph heading so as to
read: ``Penalties with respect to the iaea.--''.
In section 301(a), add at the end the following new
paragraph:
(4) Penalties with respect to the nuclear
nonproliferation treaty.--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 found to be in breach of, in noncompliance
with, or has withdrawn from the Nuclear
Nonproliferation Treaty shall return to the IAEA all
nuclear materials and technology received from the
IAEA, any Member State of the IAEA, or any Member State
of the Nuclear Nonproliferation Treaty.
----------
TEXT OF AMENDMENTS MADE IN ORDER
PART 1--SUBPART D
1. An Amendment To Be Offered by Representative Royce of California, or
His Designee, Debatable for 10 Minutes
In section 201(b) (relating to human rights reforms at the
United Nations), add at the end the following new paragraph:
(6) The practice of considering in the principal body
in the United Nations for the promotion and protection
of human rights country specific resolutions relating
to human rights abuses perpetrated by the government of
a Member State within such Member State shall not be
eliminated.
In section 601(a)(3)(A), strike ``39'' and insert ``40''.
In section 601(a)(3)(B)(i), redesignate subclauses (XIII) and
(XIV) as subclauses (XIV) and (XV), respectively, and insert
after subclause (XII) the following new subclause:
(XIII) Section 201(b)(6).
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2. An Amendment To Be Offered by Representative Fortenberry of
Nebraska, or His Designee, Debatable for 10 Minutes
In title I, add at the end the following new section (and
conform the table of contents accordingly):
SECTION 110. GENOCIDE AND THE UNITED NATIONS.
(a) United States Action.--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 make every effort to ensure the formal
adoption and implementation of mechanisms to--
(1) suspend the membership of a Member State if it is
determined that the government of such Member State is
engaged in or complicit in, either by commission or
omission, acts of genocide, ethnic cleansing, or crimes
against humanity;
(2) impose an arms and trade embargo and travel
restrictions on, and freeze the assets of, all groups
and individuals responsible for committing or allowing
such acts of genocide, ethnic cleansing, or crimes
against humanity to occur;
(3) deploy a United Nations peacekeeping operation or
authorize and support the deployment of a peacekeeping
operation from an international or regional
organization to the Member State with a mandate to stop
such acts of genocide, ethnic cleansing, or crimes
against humanity;
(4) deploy monitors from the United Nations High
Commissioner for Refugees to the area in the Member
State where such acts of genocide, ethnic cleansing, or
crimes against humanity are occurring; and
(5) authorize the establishment of an international
commission of inquiry into such acts of genocide,
ethnic cleansing, or crimes against humanity.
(b) Certification.--In accordance with section 601, a
certification shall be required that certifies that the
mechanisms described in subsection (a) have been adopted and
implemented.
In section 601(a)(1), insert ``section 110,'' after
``104(e),''.
In section 601(a)(3)(A), strike ``39'' and insert ``40''.
In section 601(a)(3)(A), strike ``ten'' and insert ``11''.
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TEXT OF AMENDMENTS MADE IN ORDER
PART 1--SUBPART E
1. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
At the end of section 104, insert the following new
subsection:
(f) Certification of United Nations Cooperation Relating to
Oil-for-Food Program.--
(1) Actions.--In accordance with section 601, a
certification shall be required that certifies that the
following actions relating to the oil-for-food program
have been taken by the United Nations:
(A) The United Nations Secretary General has
authorized the release to a law enforcement
authority of any Member State (upon request by
the permanent representative to the United
Nations of such Member State on behalf of such
law enforcement authority) or to a national
legislative authority authentic copies of any
document in the possession of the United
Nations, including any document in the
possession of a person who was engaged on a
contract basis to provide goods or services to
the United Nations, that in the judgment of
such requesting law enforcement authority or
national legislative authority directly or
indirectly concerns the oil-for-food program or
a sanction imposed on Iraq related to the oil-
for-food program.
(B) The United Nations has waived any
immunity enjoyed by any United Nations official
from the judicial process in the United States
for any civil or criminal acts or omissions
under Federal or State law that may have
transpired within the jurisdiction of the
United States in connection with the oil-for-
food program.
(2) Definition.--As used in this subsection, the term
``oil-for-food program'' means the program established
and administered pursuant to United Nations Security
Council Resolution 986 (April 14, 1995) and subsequent
United Nations resolutions to permit the sale of
petroleum products exported from Iraq and to use the
revenue generated from such sale for humanitarian
assistance.
In section 601(a)(1), strike ``104(e)'' and insert
``104(f)''.
In section 601(a)(3)(A), strike ``39'' and insert ``41''.
In section 601(a)(3)(A), strike ``ten'' and insert ``11''.
----------
2. An Amendment To Be Offered by Representative Barton of Texas, or His
Designee, Debatable for 10 Minutes
In section 104(a), add at the end the following new
paragraph:
(7)(A) The IOB shall review the Final Report of the
Independent Inquiry Committee (IIC) into the United
Nations Oil for Food Program (OFF). The IOB's review
should focus on the adequacy of the IIC's Final Report
or any subsequent reports of the IIC or of any possible
successor to the IIC. The IOB's review of the IIC's
Final Report should address the Final Report's
treatment of and adequacy in the following areas:
(i) OFF's operations from inception through
the transfer of power from the Coalition
Provisional Authority to the interim Iraqi
government;
(ii) claims of oil smuggling, illegal
surcharges on oil and commissions on commodity
contracts, illegal kick-backs, use of oil
allocations to influence foreign government
officials and international people of
influence, and use of funds for military
purposes;
(iii) the involvement, directly or
indirectly, of any entity, bureau, division,
department, specialized agency, or employee
(including the Secretary General) of the United
Nations, including any employee of the
specialized agencies of the United Nations or
any employee or officer of the Secretariat;
(iv) the IIC's findings, discovery and use of
evidence, and investigation practices; and
(v) the extent of cooperation by the United
Nations with requests by Congress for
testimony, interviews, documents,
correspondence, reports, memoranda, books,
papers, accounts, or records related to the Oil
for Food Program.
(B) Subsequent to the IOB's review, the IOB shall
determine in a written report whether the IIC
investigation is incomplete or inadequate in any
respects and whether any additional investigation is
justified. If the IOB determines that additional
investigation is warranted, it shall appoint, in
accordance with paragraph (5), a special investigator
and staff consisting of individuals who are not
employees of the United Nations and to identify
specific areas within the OFF to investigate.
----------
TEXT OF AMENDMENTS MADE IN ORDER
PART 2
1. An Amendment To Be Offered by Representative Chabot of Ohio, or His
Designee, Debatable for 10 Minutes
In title I (relating to the mission and budget of the United
Nations), add at the end the following new section (and conform
the table of contents accordingly):
SEC. 110. ANTI-SEMITISM AND THE UNITED NATIONS.
(a) 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 make every effort to--
(1) ensure the issuance and implementation of a
directive by the Secretary General or the Secretariat,
as appropriate, that--
(A) requires all employees of the United
Nations and its specialized agencies to
officially and publicly condemn anti-Semitic
statements made at any session of the United
Nations or its specialized agencies, or at any
other session sponsored by the United Nations;
(B) requires employees of the United Nations
and its specialized agencies to be subject to
punitive action, including immediate dismissal,
for making anti-Semitic statements or
references;
(C) proposes specific recommendations to the
General Assembly for the establishment of
mechanisms to hold accountable employees and
officials of the United Nations and its
specialized agencies, or Member States, that
make such anti-Semitic statements or references
in any forum of the United Nations or of its
specialized agencies; and
(D) develops and implements education
awareness programs about the Holocaust and
anti-Semitism throughout the world, as part of
an effort to combat intolerance and hatred;
(2) work to secure the adoption of a resolution by
the General Assembly that establishes the mechanisms
described in paragraph (1)(C); and
(3) continue working toward further reduction of
anti-Semitic language and anti-Israel resolutions in
the United Nations and its specialized agencies.
(b) Certification.--In accordance with section 601, a
certification shall be required that certifies that the
requirements described in subsection (a) have been satisfied.
In section 601(a)(1), insert ``section 110,'' after
``104(e),''.
In section 601(a)(3)(A), strike ``39'' and insert ``40''.
In section 601(a)(3)(A), strike ``ten'' and insert ``11''.
----------
2. An Amendment To Be Offered by Representative Wilson of South
Carolina, or His Designee, Debatable for 10 Minutes
In section 107(b)(2), add at the end the following new
subparagraphs:
(E) The Special Committee to Investigate
Israeli Practices Affecting the Human Rights of
the Palestinian People and Other Arabs of the
Occupied Territories.
(F) Any other entity the Secretary determines
results in duplicative efforts or funding or
fails to ensure balance in the approach to
Israeli-Palestinian issues.
----------
3. An Amendment To Be Offered by Representative King of Iowa, or His
Designee, Debatable for 10 Minutes
In section 101, add at the end the following new subsection:
(e) Limitation on United States Contributions to UNRWA.--The
Secretary of State may not make a contribution to the United
Nations Relief and Works Agency for Palestine Refugees in the
Near East (UNRWA) in an amount greater than the highest
contribution to UNRWA made by an Arab country, but may not
exceed 22 percent of the total budget of UNRWA. For purposes of
this subsection, an Arab country includes the following:
Algeria, Bahrain, Comoros, Djibouti, Egypt, Iran, Jordan,
Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi
Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab
Emirates, Iraq, and Yemen.
----------
4. An Amendment To Be Offered by Representative McCotter of Michigan,
or His Designee, Debatble for 10 Minutes
In title I (relating to the mission and budget of the United
Nations), add at the end the following new section (and conform
the table of contents accordingly):
SEC. 110. UNITED NATIONS SECURITY COUNCIL AND LEBANON.
(a) Resolution 1559.--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 make every effort to ensure that the Security
Council is undertaking the necessary steps to secure the
implementation of Security Council Resolution 1559, including--
(1) deploying United Nations inspectors to verify and
certify to the Security Council that--
(A) all foreign forces, including
intelligence, security, and policing forces,
have been withdrawn from Lebanon; and
(B) all militias in Lebanon have been
permanently disarmed and dismantled and their
weapons have been decommissioned; and
(2) continuing the presence of United Nations
elections monitoring teams in Lebanon to verify and
certify to the Security Council that--
(A) citizens of Lebanon are not being
targeted for assassination by foreign forces,
in particular by foreign forces of Syria, or by
their proxies, as a means of intimidation and
coercion in an effort to manipulate the
political process in Lebanon;
(B) elections in Lebanon are being conducted
in a fair and transparent manner and are free
of foreign interference; and
(C) that such foreign forces, or their
proxies, are not seeking to infringe upon the
territorial integrity or political sovereignty
of Lebanon.
(b) United States Action.--If the steps described in
paragraphs (1) and (2) of subsection (a) have not been verified
and certified to the Security Council by July 31, 2005, or by
the date that is not later than 30 days after the date of the
enactment of this Act, whichever is sooner, 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 secure the adoption of a
resolution in the Security Council imposing punitive measures
on the governments of countries whose forces remain in Lebanon
in violation of Security Council Resolution 1559 and who
directly, or through proxies, are infringing upon the
territorial integrity or political sovereignty of Lebanon.
----------
5. An Amendment To Be Offered by Representative Pence of Indiana, or
His Designee, Debatable for 10 Minutes
In section 101, add at the end the following new subsections:
(e) Scale of Assessments.--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 make every effort to ensure that the
difference between the scale of assessments for the five
permanent members of the Security Council is not greater than
five times that of any other permanent member of the Security
Council.
(f) Denial of Use of Veto.--If the Secretary of State
determines that a permanent member of the Security Council with
veto power is not in compliance with the requirement described
in subsection (e), 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 make every effort to deny to such permanent member
the use of the veto power of such permanent member until such
time as such permanent member satisfies the requirement of such
subsection.
----------
6. An Amendment To Be Offered by Representative Ros-Lehtinen of
Florida, or Her Designee, Debatable for 10 Minutes.
In title II (relating to human rights and the Economic and
Social Council), add at the end the following new section (and
conform the table of contents accordingly):
SEC. 203. UNITED NATIONS DEMOCRACY FUND.
(a) 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 make every effort to--
(1) establish a Democracy Fund at the United Nations
to be administered by Member States of the United
Nations Democracy Caucus;
(2) secure political and financial support for the
Democracy Fund from Member States of the United Nations
Democracy Caucus; and
(3) establish criteria that limits recipients of
assistance from the Democracy Fund to Member States
that--
(A) are not ineligible for membership on any
United Nations human rights body, in accordance
with paragraphs (1) through (4) of section
201(b); and
(B) are determined by the Secretary of State
to be emerging democracies or democracies in
transition.
(b) Policy Relating to Funding for the Democracy Fund.--It
shall be the policy of the United States to shift contributions
of the United States to the regularly assessed budget of the
United Nations for a biennial period to initiate and support
the Democracy Fund referred to in subsection (a).
(c) Certification.--In accordance with section 601, a
certification shall be required that certifies that the
requirements described in subsection (a) have been satisfied.
In section 601(a)(1), strike ``and section 202'' and insert
``section 202, and section 203''.
In section 601(a)(3)(A), strike ``39'' and insert ``40''.
In section 601(a)(3)(A), strike ``ten'' and insert ``11''.
----------
7. An Amendment To Be Offered by Representative Garrett of New Jersey,
or His Designee, Debatable for 10 Minutes
In title I, add at the end the following new section (and
conform the table of contents accordingly):
SEC. 110. POLICY WITH RESPECT TO EXPANSION OF THE SECURITY COUNCIL.
It shall be the policy of the United States to use the voice,
vote, and influence of the United States at the United Nations
to oppose any proposals on expansion of the Security Council if
such expansion would--
(1) diminish the influence of the United States on
the Security Council;
(2) include veto rights for any new members of the
Security Council; or
(3) undermine the effectiveness of the Security
Council.
----------
8. An Amendment To Be Offered by Representative Garrett of New Jersey,
or His Designee, Debatable for 10 Minutes
In section 101, add at the end the following new subsection:
(e) Policy Relating to Zero Nominal Growth.--It shall be the
policy of the United States to use the voice, vote, and
influence of the United States at the United Nations to make
every effort to enforce zero nominal growth in all assessed
dues to the regular budget of the United Nations, its
specialized agencies, and its funds and programs.
(f) 5.6 Rule.--It shall be the policy of the United States to
use the voice, vote, and influence of the United States at the
United Nations to actively enforce the 5.6 rule at the United
Nations, requiring the Secretariat to identify low-priority
activities in the budget proposal. The United Nations should
strengthen the 5.6 rule by requiring that managers identify the
lowest priority activities equivalent to 15 percent of their
budget request or face an across the board reduction of such
amount.
(g) Annual Publication.--It shall be the policy of the United
States to use the voice, vote, and influence of the United
States at the United Nations to ensure the United Nations is
annually publishing a list of all subsidiary bodies and their
functions, budgets, and staff.
----------
9. An Amendment To Be Offered by Representative Gohmert of Texas, or
His Designee, Debatable for 10 Minutes
Page 76, after line 9, add the following new title (and
conform the table of contents accordingly):
TITLE VII--UNITED NATIONS VOTING ACCOUNTABILITY ACT OF 2005
SEC. 701. SHORT TITLE.
This title may be cited as the ``United Nations Voting
Accountability Act of 2005''.
SEC. 702. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT OPPOSE THE
POSITION OF THE UNITED STATES IN THE UNITED
NATIONS.
(a) Prohibition.--United States assistance may not be
provided to a country that opposed the position of the United
States in the United Nations.
(b) Change in Government.--If--
(1) the Secretary of State determines that, since the
beginning of the most recent session of the General
Assembly, there has been a fundamental change in the
leadership and policies of the government of a country
to which the prohibition in subsection (a) applies, and
(2) the Secretary believes that because of that
change the government of that country will no longer
oppose the position of the United States in the United
Nations,
the Secretary may exempt that country from that prohibition.
Any such exemption shall be effective only until submission of
the next report under section 406 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
2414a). The Secretary shall submit to the Congress a
certification of each exemption made under this subsection.
Such certification shall be accompanied by a discussion of the
basis for the Secretary's determination and belief with respect
to such exemption.
(c) Definitions.--As used in this section--
(1) the term ``opposed the position of the United
States'' means, in the case of a country, that the
country's votes in the United Nations General Assembly
during the most recent session of the General Assembly
and, in the case of a country which is a member of the
United Nations Security Council, the country's votes in
the Security Council during the most recent session of
the General Assembly, were the same as the position of
the United States less than 50 percent of the time,
using for this purpose the overall percentage-of-voting
coincidences set forth in the annual report submitted
to the Congress pursuant to section 406 of the Foreign
Relations Authorization Act, Fiscal Years 1990 and
1991;
(2) the term ``most recent session of the General
Assembly'' means the most recently completed plenary
session of the General Assembly for which overall
percentage-of-voting coincidences is set forth in the
most recent report submitted to the Congress pursuant
to section 406 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991; and
(3) the term ``United States assistance'' means
assistance under--
(A) chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the
economic support fund);
(B) chapter 5 of part II of that Act
(relating to international military education
and training); or
(C) the ``Foreign Military Financing
Program'' account under section 23 of the Arms
Export Control Act.
(d) Effective Date.--This section takes effect upon the date
of the submission to the Congress of the report pursuant to
section 406 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991, that is required to be submitted by March
31, 2006.
----------
10. An Amendment To Be Offered by Representative Kucinich of Ohio, or
His Designee, Debatable for 10 Minutes
At the end of title I, add the following new section:
SEC. 110. STRENGTHENING OF INTERNATIONAL LABOR RIGHTS.
(a) 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 work to strengthen and expand the Social Protection
sector of the International Labor Organization (ILO) in order
to allow the ILO to issue more field and regional units of the
ILO, to increase site inspections of working conditions, and to
issue more reports on such conditions to the international
community.
(b) Certification.--In accordance with section 601, a
certification shall be required that certifies that the
following requirements have been satisfied:
(1) Member States are broadening the scope and the
instruments of social security schemes, improving and
diversifying benefits, strengthening governance and
management, and developing policies to combat adverse
effects of social and economic insecurity.
(2) ILO constituents are targeting and taking
effective action to improve the safety and health
conditions at work, with special attention to the most
hazardous conditions in the workplace.
In section 601(a)(1), insert ``section 110,'' after
``104(e),''.
In section 601(a)(3)(A), strike ``39'' and insert ``40''.
In section 601(a)(3)(A), strike ``ten'' and insert ``11''.
----------
11. An Amendment To Be Offered by Representative Pearce of New Mexico,
or His Designee, Debatable for 10 Minutes
In section 201, add at the end the following new subsection:
(f) Prohibition on Contact With Member States Subject to
Sanctions.--An employee from of any United Nations entity,
bureau, division, department, or specialized agency may not
have unauthorized contact, including business contact, with a
Member State that is subject to United Nations sanctions.
----------
12. An Amendment To Be Offered by Representative Stearns of Florida, or
His Designee, Debatable for 10 Minutes
In section 601(b)(1) (relating to the withholding of United
States contributions to the regular assessed budget of the
United Nations), strike ``50 percent'' and insert ``75
percent''.
In section 601(b)(3), strike ``11 percent'' and insert ``5.5
percent''.
In section 601(b)(4)(B), strike ``50 percent'' and insert
``75 percent''.
In section 601(d)(2), strike ``50 percent'' and insert ``75
percent''.
----------
13. An Amendment in the Nature of a Substitute if Offered by
Representative Lantos of California, or His Designee, Debatable for 30
Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United
Nations Reform and Institutional Strengthening 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. Certification requirements.
Sec. 104. Accountability.
Sec. 105. Terrorism and the United Nations.
Sec. 106. Equality at the United Nations.
Sec. 107. Reforms at the specialized agencies.
Sec. 108. Report on United Nations reform.
Sec. 109. Report on United Nations personnel.
Sec. 110. Anti-Semitism and the United Nations.
Sec. 111. United Nations cooperation relating to oil-for-food
investigation.
TITLE II--HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL COUNCIL
Sec. 201. Human Rights.
Sec. 202. Economic and Social Council (ecosoc).
Sec. 203. International responsibility to protect.
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.
Sec. 404. United States Contributions to United Nations Peacekeeping
Operations.
Sec. 405. Genocide and the United Nations.
Sec. 406. Rule of construction relating to protection of United States
officials and members of the Armed Forces.
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. 602. Diplomatic Campaign to Achieve Reform.
TITLE VII--UNITED NATIONS RENEWAL AND TOOLS TO FULLY IMPLEMENT UNITED
NATIONS REFORM
Sec. 701. Synchronization of U.S. assessed Contributions to
International Organizations.
Sec. 702. Increased funding for United States assessed contribution to
the United Nations to support reform efforts.
Sec. 703. Buyout of United Nations personnel.
Sec. 704. United Nations democracy fund.
Sec. 705. United States personnel to international organizations.
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) Economic and social council.--The term ``Economic
and Social Council'' means the Economic and Social
Council of the United Nations.
(3) Employee.--The term ``employee'' means an
individual who is employed in the general services,
professional staff, or senior management of the United
Nations.
(4) General assembly.--The term ``General Assembly''
means the General Assembly of the United Nations.
(5) Member state.--The term ``Member State'' means a
Member State of the United Nations.
(6) Office of internal oversight services.--The terms
``Office of Internal Oversight Services'' and ``OIOS''
mean the Office of Internal Oversight Services of the
United Nations.
(7) Secretary.--The term ``Secretary'' means the
Secretary of State.
(8) Secretary general.--The term ``Secretary
General'' means the Secretary General of the United
Nations.
(9) Security council.--The term ``Security Council''
means the Security Council of the United Nations.
(10) Specialized agency.--The term ``specialized
agency'' means any of the following agencies of the
United Nations:
(A) The Food and Agriculture Organization, or
FAO.
(B) The International Atomic Energy Agency,
or IAEA.
(C) The International Civil Aviation
Organization, or ICAO.
(D) The International Fund for Agricultural
Development, or IFAD.
(E) The International Labor Organization, or
ILO.
(F) The International Maritime Organization,
or IMO.
(G) The International Telecommunication
Union, or ITU.
(H) The United Nations Educational,
Scientific, and Cultural Organization, or
UNESCO.
(I) The United Nations Industrial Development
Organization, or UNIDO.
(J) The Universal Postal Union, or UPU.
(K) The World Health Organization, or WHO.
(L) The World Meteorological Organization, or
WMO.
(M) The World Intellectual Property
Organization, or 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.
TITLE I--MISSION AND BUDGET OF THE UNITED NATIONS
SEC. 101. UNITED STATES FINANCIAL CONTRIBUTIONS TO THE UNITED NATIONS.
(a) Authorization With Respect to the Regular Assessed Budget
of the United Nations.--The Secretary 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.
(b) 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--
``(A) to pursue a streamlined, efficient, and
accountable regular assessed budget of the
United Nations;
``(B) to make efforts to shift funding
mechanisms of some of the organizational
programs of the United Nations from the regular
assessed budget to voluntarily funded programs;
and
``(C) to shift funding from entities whose
efforts are found duplicative or unbalanced
under section 106(b) of the United Nations
Reform and Institutional Strengthening Act of
2005 to programs under subsection (b) of this
section or other related programs.
``(2) 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
seek to shift funding mechanisms of operational
programs of the United Nations and to reduce the
funding for programs specified in subsection (c) in
future resolutions agreed to by the General Assembly
for the regular assessed budget of the United Nations.
``(b) Eligible Organizational Programs.--To the extent that
any organizational programs are shifted from the regular
assessed budget to voluntarily funded programs, the Secretary
shall seek to use funds created by any reduction in the amount
of the United States assessed contribution to the United
Nations to make voluntary contributions to programs at the
United Nations which--
``(1) conduct internal oversight;
``(2) promote human rights;
``(3) provide humanitarian assistance; and
``(4) are organizational programs which have been
shifted from assessed to voluntary contributions.
``(c) Public Information and General Assembly Affairs and
Conference Services.--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 reduce by 20 percent the amount budgeted by
resolution of the General Assembly for the 2008-2009 biennium
compared to the amount budgeted by resolution of General
Assembly for the 2004-2005 biennial period for the following
organizational programs:
``(1) Public Information.
``(2) General Assembly affairs and conference
services.''
SEC. 102. WEIGHTED VOTING.
It shall be the policy of the United States to actively
pursue weighted voting in the United Nations 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. 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, or unless the Secretary of State
certifies that any increase that would be
inconsistent with this paragraph is important
to the national interest of the United States;
and
(B) require the identification of
expenditures by the United Nations by
functional categories such as personnel,
travel, and equipment.
(2) Program evaluation.--
(A) Evaluation of programs.--The Secretary
General has used the existing authorities to
take measures to ensure that program managers
within the United Nations Secretariat conduct
evaluations of such programs in accordance with
the standardized methodology referred to in
subparagraph (B) of United Nations programs
approved by the General Assembly.
(B) Development of evaluation criteria.--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.
(C) Report.--The Secretary General is
assessing budget requests and, on the basis of
the evaluations of programs conducted pursuant
to subparagraph (A) for the relevant preceding
year, reports to the General Assembly on the
continuing relevance and effectiveness of such
programs and identifies those that need reform
or 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 has established and is
implementing procedures to require all new
programs approved by the General Assembly to
have a specific sunset date or a date by which
such programs should be evaluated for
continuing relevance and effectiveness.
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 or an equivalent entity is established.
Except as provided in paragraph (2), 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. 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. 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 the terms of not more than
two board members 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
and shall not be dependent upon any other bureau,
division, or department of the United Nations for such
funding.
(4) The IOB shall have the authority to evaluate all
operations of the Office of Internal Oversight Services
and the Board of External Auditors of the United
Nations. 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 investigation by the Office of Internal
Oversight Services. The IOB may direct the Office of
Internal Oversight Services or the Board of External
Auditors to initiate an investigation.
(5) In extraordinary circumstances, and with the
concurrence of the Secretary General and 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 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 investigation 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.
(2) The head of the OIOS shall be a Director.
(3) The OIOS shall receive operational and budgetary
funding through appropriations by the General Assembly
and shall not be dependent upon any other bureau,
division, department, or specialized agency for such
funding.
(4) All United Nations officials, including officials
from any bureau, division, or department 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.
(5) The OIOS may, sua sponte, initiate and conduct an
investigation of any bureau, division, department, or
employee (including the Secretary General) of the
United Nations or contractor or consultant for the
United Nations.
(6) At least every three months and more frequently
when appropriate, the OIOS or another responsible
office shall submit to the IOB a report containing an
inventory and status of its investigations.
(7) The OIOS shall establish or approve procedures
for providing ``whistle-blower'' status and employment
protections for all employees 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.
(8) 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.
(9) The Director of OIOS 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 and oversight duties for
each specialized agency and funds and programs of the
United Nations. With the concurrence of the Director
and the relevant specialized agency, the Associate
Director may hire and appoint necessary OIOS staff,
including staff serving within and located at a
specialized agency and funds and programs permanently
or as needed to liaison with existing audit functions
with each specialized agency and funds and programs.
(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 Peacekeeping
Operations or an equivalent position, 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--
(A) 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; and
(B) shall be responsible for initiating,
conducting, and overseeing investigations
within peacekeeping operations.
(11)(A) 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 or an equivalent
position, who shall be responsible for auditing and
inspecting procurement and contracting within the
United Nations. The Associate Director of OIOS for
Procurement and Contract Integrity shall--
(i) 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;
and
(ii) be responsible for initiating,
conducting, and overseeing investigations of
procurement and contract activities.
(B) 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--
(i) the United Nations has ceased issuing
single bid contracts, except during an
emergency situation that is justified by the
Under Secretary General for Management;
(ii) the United Nations has established
effective controls to prevent conflicts of
interest in the award of contracts; and
(iii) 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 or an equivalent entity (UNOE) have been established by
the United Nations:
(1) A 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 the
United Nations. The UNEO shall be responsible for
providing such employees with annual training related
to such code. The head of the UNEO shall be a Director.
(2) The UNEO shall receive operational and budgetary
funding through appropriations by the General Assembly
and shall not be dependent upon any other 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 at the P-5 level and above and by all
consultants for the United Nations compensated at any
salary level. Such forms shall be made available 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 of each employee and
consultant available to the public, on request,
through the mission to the United Nations of
the Member State of which the employee or
consultant is a national;
(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 and
consultants for the United Nations;
(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 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 or an equivalent position 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 COO 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.
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. 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 succeeding 2-year
period, 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 conduct an audit of the
functions of the entities listed in paragraph (2) and
submit to the appropriate congressional committees, not
later than 60 days after enactment of this Act, a
report containing recommendations for the elimination
of such entities.
(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.
(E) The United Nations Relief and Works
Agency for Palestinian Refugees in the Near
East.
(F) The Special Committee to Investigate
Israeli Practices Affecting the Human Rights of
the Palestinian People and Other Arabs of the
Occupied Territories.
(G) Such other entities as the Secretary
determines to constitute duplicative efforts
and funding or fail to ensure balance in the
approach to Israeli-Palestinian issues.
(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 Secretary of State is
authorized to 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
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 action and achievements under
subsection (c).
SEC. 107. REFORMS AT THE SPECIALIZED AGENCIES.
(a) Budget Reform.--The Secretary of State shall direct the
United States representative to each specialized agency to use
the voice, vote, and influence of the United States ensure that
each specialized agency--
(1) 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, patterned
on the work of the Office of Internal Oversight
Services of the United Nations under section 103;
(2) provides the results of such evaluations to the
governing body of such agency; and
(3) has established and is implementing procedures to
require all new programs of such agency have a specific
sunset date.
(b) Accountability.--The Secretary of State shall direct the
United States representative to each specialized agency to use
the voice, vote and influence of the United States to ensure
that each specialized agency--
(1) has a strengthened internal inspection capability
or has agreed to allow the Office on Internal Oversight
Services of the United Nations to conduct an
investigation or audit of any program in such agency,
including any employee or contractor of, or consultant
for, such agency; and
(2) has adopted whistleblower protections patterned
on the protections developed by OIOS under section 104
of this Act.
(c) Ethics.--The Secretary shall direct the United States
representative to each specialized agency to use the voice,
vote and influence of the United States to ensure that each
specialized agency--
(1) is using a system for the filing and review of
individual annual financial disclosure forms developed
by the United Nations Ethics Office established by
section 104 of this Act or a system patterned after
such system; and
(2) has established its own ethics office or is using
the services of the United Nations Ethics Office to
review and otherwise implement the ethics system
described in paragraph (1).
(d) Authority.--If the Secretary is unable to certify that
one or more of the policies described in this section has been
implemented for any specialized agency, the Secretary is
authorized to withhold up to 50 percent of the United States
contribution to the regular assessed budget of such specialized
agency, beginning with funds appropriated for such contribution
for fiscal year 2008.
SEC. 108. REPORT ON UNITED NATIONS REFORM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, 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
the March 2005 report of the Secretary General referred
to in paragraph (3); 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.
(c) Update.--Not later than one year after submitting the
report under subsection (a), the Secretary shall submit to the
appropriate congressional committees a report updating the
information included in the first report.
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 or 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.
SEC. 110. ANTI-SEMITISM AND THE UNITED NATIONS.
(a) 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 make every effort to--
(1) ensure the issuance and implementation of a
directive by the Secretary General or the Secretariat,
as appropriate, that--
(A) requires all employees of the United
Nations and its specialized agencies to
officially and publicly condemn anti-Semitic
statements made at any session of the United
Nations or its specialized agencies, or at any
other session sponsored by the United Nations;
(B) requires employees of the United Nations
and its specialized agencies to be subject to
punitive action, including immediate dismissal,
for making anti-Semitic statements or
references;
(C) proposes specific recommendations to the
General Assembly for the establishment of
mechanisms to hold accountable employees and
officials of the United Nations and its
specialized agencies, or Member States, that
make such anti-Semitic statements or references
in any forum of the United Nations or of its
specialized agencies; and
(D) develops and implements education
awareness programs about the Holocaust and
anti-Semitism throughout the world, as part of
an effort to combat intolerance and hatred;
(2) work to secure the adoption of a resolution by
the General Assembly that establishes the mechanisms
described in paragraph (1)(C); and
(3) continue working toward further reduction of
anti-Semitic language and anti-Israel resolutions in
the United Nations and its specialized agencies.
(b) Certification.--In accordance with section 601, a
certification shall be required that certifies that the
requirements described in subsection (a) have been satisfied.
SEC. 111. UNITED NATIONS COOPERATION RELATING TO OIL-FOR-FOOD
INVESTIGATION.
The President shall direct the United States Permanent
Representative to the United Nations to make efforts to ensure
that the United Nations provides all appropriate and necessary
information to the relevant law enforcement authority of a
Member State relating to a prosecution initiated by such
authority regarding the oil-for-food program of the United
Nations and that the United Nations waives immunity regarding
any official charged with a serious criminal offense under such
prosecution.
TITLE II--HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL COUNCIL
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 seek 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 that is subject to sanctions by
the Security Council or under a Security Council-
mandated investigation for human rights abuses shall be
ineligible for membership on any United Nations human
rights body.
(3) A Member State that is subject to a country
specific resolution relating to human rights abuses
perpetrated in that country by the government of that
country that has been adopted, within the preceding 3-
year period, by a United Nations or regional
organization that has competence regarding such matters
shall be ineligible for membership on any United
Nations human rights body. For purposes of this
paragraph, a 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 only relates to one country or one 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 to the United Nations 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.
SEC. 203. INTERNATIONAL RESPONSIBILITY TO PROTECT.
(a) Findings.--The situation in Darfur, Sudan, declared to be
genocide by the U.S. House of Representatives in H.Con.Res. 467
(adopted on July 27, 2004), demonstrates the need for an
internationally agreed framework for effective action to
prevent genocide or other crimes against humanity that threaten
a large scale loss of life.
(b) Sense of Congress.--It is the sense of the Congress that
the United States and other members of the international
community should endorse the Secretary General's initiative
described in his report entitled ``In larger freedom: towards
development, security and human rights for all'' to require
that--
(1) the government of every country has the
responsibility to protect its civilian population from
genocide, ethnic cleansing, or crimes against humanity;
and
(2) in the case of a government that is unwilling or
unable to do carry out its responsibility under
paragraph (1) in the face of such gross violations of
internationally recognized human rights, members of the
international community must use diplomatic,
humanitarian, and other necessary means to help protect
civilian populations and save lives.
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 under the direction of
the Deputy Director General for Safeguards.
(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) take into consideration
information provided by IAEA Board
Members that are among 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 Non-
Proliferation 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.
(D) Operation.--The Office of Compliance
shall operate in consultation with IAEA
inspectors and enforcement actions shall be
based on inspection reports, IAEA Board of
Governors resolutions, Director General
reports, and shall take into consideration
information provided by IAEA Board Members that
are among the five nuclear weapons states as
recognized by the Treaty on the Non-
Proliferation of Nuclear Weapons.
(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 Non-Proliferation 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 with respect to the iaea.--
(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 IAEA 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 the investigation is concluded
and the Member State is no longer in such
breach or noncompliance.
(4) Penalties with respect to the nuclear
nonproliferation treaty.--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 found to be in breach of, in noncompliance
with, or has withdrawn from the Nuclear
Nonproliferation Treaty shall return to the IAEA all
nuclear materials and technology received from the
IAEA, any Member State of the IAEA, or any Member State
of the Nuclear Non_Proliferation Treaty.
(b) United States Contributions.--
(1) Voluntary contributions.--Voluntary contributions
of the United States to the IAEA may only 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 used giving first priority to
address countries that are initiating or
developing nuclear activities; 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--
(I) 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
(II) has not dismantled and
surrendered its weapons of mass
destruction 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 of a Member State of the IAEA
that has not signed and ratified the IAEA 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) 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) Nuclear Program of Iran.--
(1) United states action.--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 make every effort to ensure the
adoption of a resolution by the IAEA Board of Governors
that makes Iran ineligible to receive any nuclear
material, technology, equipment, or assistance from any
IAEA Member State and ineligible for any IAEA
assistance not related to safeguards inspections or
nuclear security until the IAEA Board of Governors
determines that Iran--
(A) is providing full access to IAEA
inspectors to its nuclear-related facilities;
(B) has fully implemented and is in
compliance with the Additional Protocol; and
(C) has permanently ceased and dismantled all
activities and programs related to nuclear-
enrichment and reprocessing.
(2) Penalties.--If an IAEA Member State is determined
to have violated the prohibition on assistance to Iran
described in paragraph (1) before the IAEA Board of
Governors determines that Iran has satisfied the
conditions described in subparagraphs (A) through (C)
of such paragraph, such Member State shall be subject
to the penalties described in section 301(a)(3), shall
be ineligible to receive nuclear material, technology,
equipment, or assistance from any IAEA Member State,
and shall be ineligible to receive any IAEA assistance
not related to safeguards inspections or nuclear
security until such time as the IAEA Board of Governors
makes such determination with respect to Iran.
(e) Report.--Not later than six months after the date of the
enactment of this Act and annually thereafter for the
succeeding 2-year period, 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 of
the IAEA should recommend, and the General Conference of the
IAEA 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) If 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
force, civilian protection, field conditions,
the Code of Conduct described in paragraph
(2)(A), HIV/AIDS, gender, and human rights
issues 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 as a
condition of appointment to such
operation, including immediate
termination of the participation of
such personnel in the peacekeeping
operation to which such personnel is
assigned; and
(iii) peacekeeping operations should
conduct educational outreach programs
within communities hosting such
operations, 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 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)(9)); 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 each Member State that
contributes 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 that Member State, so
that evidence is collected and
preserved in a manner consistent with
the military law of that 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
the individual belongs, and sharing
that 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 the individual belonged
or to the manager concerned.
(iii) In the case of misconduct by a
member of a military contingent,
appropriate funds should 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
should be garnished from such
individual or fines should 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 Report of the Secretary
General's High Level Panel on Threats,
Challenges, and Change, 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,
and Member States that contribute
troops, 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
with 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.--
Beginning on January 1, 2007, and until the Secretary
certifies that the requirements described in paragraph
(2) have been satisfied, the President shall direct the
United States Permanent Representative to the United
Nations 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 unless the Secretary
certifies to the appropriate congressional committees
that such creation or expansion is in the national
interest of the United States, and includes with the
certification a written justification therefor.
(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 as a condition of the
appointment to such operation, including the
immediate termination of the participation of
such personnel in the peacekeeping operation to
which such personnel is assigned.
(D) All peacekeeping operations have designed
and implemented educational outreach programs
that reach local communities where peacekeeping
personnel of such operations are based for a
significant period of time, 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.
(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 the 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 the 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 the Member
State;
(v) assume responsibility for the
provision of appropriate assistance to
a victim of misconduct committed by an
individual of the Member State; and
(vi) establish a professional and
independent investigative and audit
function within the United Nations
Department of Peacekeeping Operations
and the OIOS to monitor United Nations
peacekeeping operations.
SEC. 404. UNITED STATES CONTRIBUTIONS TO UNITED NATIONS PEACEKEEPING
OPERATIONS.
(a) 25 Percent Limitation.--Section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note; Public Law 103-236) is amended to read as
follows:
``(2) Fiscal year 2006 and subsequent fiscal years.--
Funds authorized to be appropriated for `Contributions
for International Peacekeeping Activities' for fiscal
years 2006 and 2007 shall not be available for the
payment of the United States assessed contribution for
a United Nations peacekeeping operation in an amount
which is greater than 27.1 percent of the total of all
assessed contributions for that operation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect and apply beginning on October 1, 2005.
SEC. 405. GENOCIDE AND THE UNITED NATIONS.
(a) United States Actions.--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 make every effort to ensure the formal
adoption and implementation of mechanisms to--
(1) suspend the membership of a Member State in the
United Nations if genocide, ethnic cleansing, or crimes
against humanity are determined to be occurring in such
Member State, regardless of whether such acts are being
committed by the government of such Member State or by
a third party;
(2) impose an arms and trade embargo and travel
restrictions on, and freeze the assets of, all groups
and individuals responsible for committing or allowing
such acts to occur;
(3) deploy a United Nations peacekeeping operation or
authorize and support the deployment of a peacekeeping
operation from an international organization to the
Member State with a mandate to stop such acts;
(4) deploy monitors from the United Nations High
Commissioner for Refugees to the area where such acts
are occurring in the Member State; and
(5) authorize the establishment of an international
commission of inquiry into such acts.
(b) Certification.--Unless the Secretary certifies that the
mechanisms described in subsection (a) have been adopted and
implemented, the Secretary is authorized to withhold up to ten
percent of United States contributions to the peacekeeping
budget of the United Nations.
SEC. 406. RULE OF CONSTRUCTION RELATING TO PROTECTION OF UNITED STATES
OFFICIALS AND MEMBERS OF THE ARMED FORCES.
Nothing in this title shall be construed as superceding the
Uniform Code of Military Justice or operating to effect the
surrender of United States officials or members of the Armed
Forces to a foreign country or international tribunal for
prosecutions arising from peacekeeping operations or other
similar United Nations related activity.
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 of the United Nations (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.
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 12
months thereafter, the Comptroller General of the United States
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 is submitted by the
Secretary of State to the appropriate congressional committees
under 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) In General.--The certifications required under sections
103, 104(a) through 104(d), 110, 201(c), 201(e), and 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.
(b) Alternative Certification Mechanism.--
(1) In general.--In the event that the Secretary is
unable to make any certification described in
subsection (a), the Secretary may nonetheless satisfy
the requirements referred to in such certification by
certifying that--
(A) the United Nations has implemented
reforms that are either substantially similar
to or accomplish the same purposes as the
requirements referred to in any such
certification; or
(B) in the case of the policies described in
subsections (a) and (c) of section 11 the
United Nations Participation Act of 1945 (as
amended by section 101 of this Act) or the
requirements of sections 201(c) and 202(b) of
this Act, substantial progress has been made in
implementing such policies or requirements.
(2) Definitions.--For the purposes of this
subsection, reforms are ``substantially similar to or
accomplish the same purposes as'' if the reforms are--
(A) formally adopted by the organ or
committee of the United Nations that has
authority to take such action or are issued by
the Secretariat or the appropriate entity or
committee in written form; and
(B) are not identical to the measures
required by a particular certification but in
the judgment of the Secretary will have the
same or nearly the same effect as such
measures.
(3) Written justification and consultation.--
(A) Written justification.--Not later than 30
days before submitting an alternate
certification in accordance with paragraph (1),
the Secretary shall submit to the appropriate
congressional committees a written
justification explaining in detail the basis
for such alternate certification.
(B) Consultation.--After the Secretary has
submitted the written justification under
subparagraph (A), but not later than 15 days
before the Secretary exercises the alternate
certification mechanism described in clause
(i), the Secretary shall consult with the
appropriate congressional committees regarding
such exercise.
(c) Withholding of United States Contributions to Regular
Assessed Budget of the United Nations.--If the Secretary is
unable to make one or more of the certifications described in
subsection (a) or (b), the Secretary is authorized to withhold
from expenditure until such time as the Secretary deems
appropriate up to 50 percent of the contribution of the United
States to the regular assessed budget of the United Nations for
a biennial period, beginning with funds appropriated for the
United States Assessed contribution for fiscal year 2008.
(d) Consultation on Progress of Reforms.--Beginning six
months after the date of the enactment of this Act, and every
three months thereafter until all the certifications under
subsection (a) and (b) are made, the Secretary shall consult
with the appropriate congressional committees regarding the
progress in adoption and implementation of the reforms
described in this Act.
(e) Duration of Funds.--
(1) Assessed contributions to the u.n.--Any amounts
of funds appropriated for the United States assessed
contribution to the United Nations that are withheld
under subsection (c) are authorized to remain available
until expended in fiscal years after the fiscal year in
which all certifications are made under subsections (a)
and (b).
(2) Assessed contributions to specialized agencies.--
Any amounts of funds appropriated for the United States
assessed contribution to a specialized agency that are
withheld under section 107(d) are authorized to remain
available until expended in fiscal years after the
fiscal year in which the Secretary makes the
certification with respect to the policy or policies
described in section 107 by reason of which the funds
were withheld.
(f) Biennial Reviews.--
(1) In general.--The Secretary shall conduct biennial
reviews, beginning two years after the date on which
the Secretary submits the last of the certifications
under subsections (a) and (b), to determine if the
United Nations continues to remain in compliance with
all such 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
that was submitted in accordance with subsection (a),
the Secretary is authorized to exercise the authority
described in subsection (c) with respect to the
biennial period immediately following such review and
subsequent biennial periods until such time as all
certifications under subsection (a) or (b) have been
submitted.
SEC. 602. DIPLOMATIC CAMPAIGN TO ACHIEVE REFORM.
(a) Sense of Congress.--It is the sense of the Congress that
in order to achieve the reforms required by this Act, the
President must undertake an extensive diplomatic campaign, in
combination with like-minded countries at the United Nations to
achieve those reforms, including acting through the United
States Permanent Representative to the United Nations to use
its voice, vote and influence at the United Nations and direct
diplomatic intervention at the highest levels of government in
Member States.
(b) Report to Congress.--Sixty days before exercising the
authority to withhold funds under section 601(c), the Secretary
shall consult with the appropriate congressional committees and
submit a report on how the exercise of such authority will
further the purposes of this Act.
(c) Content of Report.--The report required by subsection (b)
shall include--
(1) a description of efforts by the United States to
achieve the reforms required by this Act to date;
(2) an analysis of why reforms sought by the United
States have not been achieved; and
(3) an explanation of how United States policy will
be furthered by conditioning or withholding funds for
assessed contributions to the United Nations, as well
as an analysis of how withholding such funds are
expected to affect programs, operations, staff, and
reforms of the United Nations and United States
interests.
TITLE VII--UNITED NATIONS RENEWAL AND TOOLS TO FULLY IMPLEMENT UNITED
NATIONS REFORM
SEC. 701. SYNCHRONIZATION OF U.S. ASSESSED CONTRIBUTIONS TO
INTERNATIONAL ORGANIZATIONS.
(a) Findings.--Congress makes the following findings:
(1) In the early 1980s, the United States Government
began to pay United States assessments to certain
international organizations in the last quarter of the
calendar year in which they were due. This practice
allowed the United States to pay its annual assessment
to the United Nations and other international
organizations with the next fiscal year's
appropriations, taking advantage of the fact that
international organizations operate on calendar years.
It also allowed the United States to reduce budgetary
outlays, making the United States budget deficit appear
smaller.
(2) The United States, which is assessed 22 percent
of the United Nations regular budget, now pays its dues
at least 10 months late, and often later depending on
when the relevant appropriation is enacted.
(3) This practice causes the United Nations to
operate throughout much of the year without a
significant portion of its operating budget. By
midyear, the budget is usually depleted, forcing the
United Nations to borrow from its peacekeeping budget,
since the organization is prohibited from borrowing
externally. As a result, countries that contribute to
United Nations peacekeeping missions are not reimbursed
on a timely basis.
(4) For years, continuing this practice is
inconsistent with the purposes of this Act to encourage
the United Nations to engage in sound, fiscally
responsible budgetary practices.
(b) Authorization of Appropriations.--Beginning in the fiscal
year in which all certifications under subsection (a) and (b)
of section 601 have been made, the following amounts are
authorized to be appropriated to a process to synchronize the
payment of its assessments to the United Nations and other
international organizations over a multiyear period so that the
United States can resume paying its dues to such international
organizations at the beginning of each calendar year:
(1) For the fiscal year after all such certifications
have been made, $150,000,000.
(2) For the second year after all such certifications
have been made, $150,000,000.,
(3) For the third year after all such certifications
have been made, $150,000,000.
SEC. 702. INCREASED FUNDING FOR UNITED STATES ASSESSED CONTRIBUTION TO
THE UNITED NATIONS TO SUPPORT REFORM EFFORTS.
It is the sense of the Congress that the United States should
support an increase in the 2006-2007 United Nations biennium
budget and future United Nations budgets to support the
creation of new offices or institutions and the strengthening
of existing offices in order to fully implement the reforms
required by this Act.
SEC. 703. BUYOUT OF UNITED NATIONS PERSONNEL.
It is the sense of the Congress that the United States should
support an increase in the appropriate United Nations biennium
budget to fund a buyout of United Nations personnel to the
extent that the buyout is a targeted buyout of personnel that
do not have the skills necessary for the United Nations in the
21st century.
SEC. 704. UNITED NATIONS DEMOCRACY FUND.
There is authorized for fiscal year 2006 for a voluntary
contribution to the United Nations International Democracy Fund
$10,000,000.
SEC. 705. UNITED STATES PERSONNEL TO INTERNATIONAL ORGANIZATIONS.
The President is authorized to detail any United States
Government officer or employee to the United Nations on a
nonreimbursable basis for up to three years to assist in the
implementation of the reforms described in this Act, including
providing for any necessary housing, education, cost-of-living
allowances, or other allowances authorized under the Foreign
Service Act the United Nations Participation Act of 1945.