IB 

Union Calendar No. 68 

109TH CONGRESS 

1ST SESSION H. R. 2745 

[Report No. 109–120] 

To reform the United Nations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2005 

Mr. HYDE (for himself and Mr. PENCE) introduced the following bill; which 

was referred to the Committee on International Relations 

JUNE 10, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 7, 2005] 

A BILL 

To reform the United Nations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Henry J. Hyde United Nations Reform Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of Congress. 

TITLE I—MISSION AND BUDGET OF THE UNITED NATIONS 

Sec. 101. United States financial contributions to the United Nations. 

Sec. 102. Weighted voting. 

Sec. 103. Budget certification requirements. 

Sec. 104. Accountability. 

Sec. 105. Terrorism and the United Nations. 

Sec. 106. United Nations treaty bodies. 

Sec. 107. Equality at the United Nations. 

Sec. 108. Report on United Nations reform. 

Sec. 109. Report on United Nations personnel. 

TITLE II—HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL 

COUNCIL (ECOSOC) 

Sec. 201. Human rights. 

Sec. 202. Economic and Social Council (ECOSOC). 

TITLE III—INTERNATIONAL ATOMIC ENERGY AGENCY 

Sec. 301. International Atomic Energy Agency. 

Sec. 302. Sense of Congress regarding the Nuclear Security Action Plan of the 

IAEA. 

TITLE IV—PEACEKEEPING 

Sec. 401. Sense of Congress regarding reform of United Nations peacekeeping operations. 

Sec. 402. Statement of policy relating to reform of United Nations peacekeeping 

operations. 

Sec. 403. Certification. 

TITLE V—DEPARTMENT OF STATE AND GOVERNMENT 

ACCOUNTABILITY OFFICE 

Sec. 501. Positions for United States citizens at international organizations. 

Sec. 502. Budget justification for regular assessed budget of the United Nations. 

Sec. 503. Review and report. 

Sec. 504. Government Accountability Office. 

TITLE VI—CERTIFICATIONS AND WITHHOLDING OF 

CONTRIBUTIONS 

Sec. 601. Certifications and withholding of contributions.

3 SEC. 2. DEFINITIONS. 

4 In this Act: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional commit3 tees’’ means the Committee on International Relations 

4 of the House of Representatives and the Committee on 

5 Foreign Relations of the Senate. 

6 (2) EMPLOYEE.—The term ‘‘employee’’ means an 

7 individual who is employed in the general services, 

8 professional staff, or senior management of the United 

9 Nations, including contractors and consultants. 

10 (3) GENERAL ASSEMBLY.—The term ‘‘General 

11 Assembly’’ means the General Assembly of the United 

12 Nations. 

13 (4) MEMBER STATE.—The term ‘‘Member State’’ 

14 means a Member State of the United Nations. Such 

15 term is synonymous with the term ‘‘country’’. 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of State. 

18 (6) SECRETARY GENERAL.—The term ‘‘Secretary 

19 General’’ means the Secretary General of the United 

20 Nations. 

21 (7) SECURITY COUNCIL.—The term ‘‘Security 

22 Council’’ means the Security Council of the United 

23 Nations. 

24 (8) SPECIALIZED AGENCIES AND SPECIALIZED

25 AGENCIES OF THE UNITED NATIONS.—The terms ‘‘spe-
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1 cialized agencies’’ and ‘‘specialized agencies of the 

2 United Nations’’ mean—

3 (A) the Food and Agriculture Organization 

4 (FAO); 

5 (B) the International Atomic Energy Agen6 cy (IAEA); 

7 (C) the International Civil Aviation Orga8 nization (ICAO); 

9 (D) the International Fund for Agricultural 

10 Development (IFAD); 

11 (E) the International Labor Organization 

12 (ILO); 

13 (F) the International Maritime Organiza14 tion (IMO); 

15 (G) the International Telecommunication 

16 Union (ITU); 

17 (H) the United Nations Educational, Sci18 entific, and Cultural Organization (UNESCO); 

19 (I) the United Nations Industrial Develop20 ment Organization (UNIDO); 

21 (J) the Universal Postal Union (UPU); 

22 (K) the World Health Organization (WHO) 

23 and its regional agencies; 

24 (L) the World Meteorological Organization 

25 (WMO); and 
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1 (M) the World Intellectual Property Organi2 zation (WIPO). 

3 SEC. 3. STATEMENT OF CONGRESS. 

4 Congress declares that, in light of recent history, it is 

5 incumbent upon the United Nations to enact significant re6 form measures if it is to restore the public trust and con7 fidence necessary for it to achieve the laudable goals set 

8 forth in its Charter. To this end, the following Act seeks 

9 to reform the United Nations. 

10 TITLE I—MISSION AND BUDGET 

11 OF THE UNITED NATIONS 

12 SEC. 101. UNITED STATES FINANCIAL CONTRIBUTIONS TO 

13 THE UNITED NATIONS. 

14 (a) STATEMENTS OF POLICY.—

15 (1) IN GENERAL.—It shall be the policy of the 

16 United States to use its voice, vote, and influence at 

17 the United Nations to—

18 (A) pursue a streamlined, efficient, and ac19 countable regular assessed budget of the United 

20 Nations; and 

21 (B) shift funding mechanisms of certain or22 ganizational programs of the United Nations 

23 specified under paragraph (4) from the regular 

24 assessed budget to voluntarily funded programs. 
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1 (2) UNITED STATES CONTRIBUTIONS.—It shall be 

2 the policy of the United States to—

3 (A) redirect United States contributions to 

4 the United Nations to achieve the policy objec5 tives described in paragraph (1)(B); and 

6 (B) redirect a portion of funds from the fol7 lowing organizational programs to pursue the 

8 policy objectives described in paragraph (1)(A): 

9 (i) Public Information. 

10 (ii) General Assembly affairs and con11 ference services. 

12 (3) FUTURE BIENNIUM BUDGETS.—It shall be 

13 the policy of the United States to use its voice, vote, 

14 and influence at the United Nations to ensure that fu15 ture biennial budgets of the United Nations, as agreed 

16 to by the General Assembly, reflect the shift in fund17 ing mechanisms described in paragraph (1)(B) and 

18 the redirection of funds described in paragraph (2). 

19 (4) CERTAIN ORGANIZATIONAL PROGRAMS.—The 

20 organizational programs referred to in paragraph 

21 (1)(B) are the following: 

22 (A) Economic and social affairs. 

23 (B) Least-developed countries, landlocked 

24 developing countries and small island developing 

25 States. 
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1 (C) United Nations support for the New 

2 Partnership for Africa’s Development. 

3 (D) Trade and development. 

4 (E) International Trade Center UNCTAD/

5 WTO. 

6 (F) Environment. 

7 (G) Human settlements. 

8 (H) Crime prevention and criminal justice. 

9 (I) International drug control. 

10 (J) Economic and social development in Af11 rica. 

12 (K) Economic and social development in 

13 Asia and the Pacific. 

14 (L) Economic development in Europe. 

15 (M) Economic and social development in in 

16 Latin America and the Caribbean. 

17 (N) Economic and social development in 

18 Western Asia. 

19 (O) Regular program of technical coopera20 tion. 

21 (P) Development account. 

22 (Q) Protection of and assistance to refugees. 

23 (R) Palestine refugees. 

24 (b) AUTHORIZATION WITH RESPECT TO THE REG25 ULAR ASSESSED BUDGET OF THE UNITED NATIONS.—Sub-
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1 ject to the amendment made by subsection (c), the Secretary 

2 of State is authorized to make contributions toward the 

3 amount assessed to the United States by the United Nations 

4 for the purpose of funding the regular assessed budget of 

5 the United Nations. 

6 (c) UNITED STATES FINANCIAL CONTRIBUTIONS TO

7 THE UNITED NATIONS.—Section 11 of the United Nations 

8 Participation Act of 1945 (22 U.S.C. 287e–3) is amended 

9 to read as follows: 

10 ‘‘SEC. 11. UNITED STATES FINANCIAL CONTRIBUTIONS TO 

11 THE UNITED NATIONS. 

12 ‘‘(a) POLICY OF THE UNITED STATES RELATING TO

13 THE REGULAR ASSESSED BUDGET OF THE UNITED NA14 TIONS.— 

15 ‘‘(1) IN GENERAL.—The President shall direct 

16 the United States Permanent Representative to the 

17 United Nations to use the voice, vote, and influence 

18 of the United States at the United Nations to— 

19 ‘‘(A) pursue a streamlined, efficient, and 

20 accountable regular assessed budget of the United 

21 Nations; and 

22 ‘‘(B) shift funding mechanisms of certain 

23 organizational programs of the United Nations 

24 specified under paragraph (2) of subsection (c) 
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1 from the regular assessed budget to voluntarily 

2 funded programs. 

3 ‘‘(2) UNITED STATES CONTRIBUTIONS.—It shall 

4 be the policy of the United States to—

5 ‘‘(A) redirect United States contributions to 

6 the United Nations to achieve the policy objec7 tives described in paragraph (1)(B); and 

8 ‘‘(B) redirect a portion of funds from the 

9 following organizational programs to pursue the 

10 policy objectives described in paragraph (1)(A): 

11 ‘‘(i) Public Information. 

12 ‘‘(ii) General Assembly affairs and 

13 conferences services. 

14 ‘‘(3) FUTURE BIENNIUM BUDGETS.— The Presi15 dent shall direct the United States Permanent Rep16 resentative to the United Nations to use the voice, 

17 vote, and influence of the United States at the United 

18 Nations to ensure that the shifting of funding mecha19 nisms under paragraph (1)(B) and redirecting of con20 tributions under paragraph (2) be reflected in future 

21 resolutions agreed to by the General Assembly for the 

22 regular assessed budget of the United Nations for the 

23 period of a current biennium. To achieve the policies 

24 described in paragraphs (1) and (2), the United 

25 States Permanent Representative to the United Na-
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1 tions shall withhold the support of the United States 

2 for a consensus for such budget until such time as 

3 such budget is reflective of such policies. 

4 ‘‘(b) 22 PERCENT LIMITATION.—In accordance with 

5 section 601 of the Henry J. Hyde United Nations Reform 

6 Act of 2005, the Secretary may not make a contribution 

7 to a regularly assessed biennial budget of the United Na8 tions in an amount greater than 22 percent of the amount 

9 calculable under subsection (c). 

10 ‘‘(c) ANNUAL DUES.—

11 ‘‘(1) IN GENERAL.—For annual dues paid by the 

12 United States to the United Nations each fiscal year, 

13 the percentage specified in subsection (b) shall be mul14 tiplied by one-half of the amount of the regularly as15 sessed budget of the United Nations for a current bi16 ennial period, as agreed to by resolution of the Gen17 eral Assembly. 

18 ‘‘(2) CALCULATION WITH RESPECT TO CERTAIN

19 ORGANIZATIONAL PROGRAMS FOR REDIRECTION.—The 

20 percentage specified in subsection (b) shall be multi21 plied by one-half of the sum of amounts budgeted by 

22 resolution of the General Assembly for a current bien23 nial period for the following certain organizational 

24 programs: 

25 ‘‘(A) Economic and social affairs. 
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1 ‘‘(B) Least-developed countries, landlocked 

2 developing countries and small island developing 

3 States. 

4 ‘‘(C) United Nations support for the New 

5 Partnership for Africa’s Development. 

6 ‘‘(D) Trade and development. 

7 ‘‘(E) International Trade Center UNCTAD/

8 WTO. 

9 ‘‘(F) Environment. 

10 ‘‘(G) Human settlements. 

11 ‘‘(H) Crime prevention and criminal jus12 tice. 

13 ‘‘(I) International drug control. 

14 ‘‘(J) Economic and social development in 

15 Africa. 

16 ‘‘(K) Economic and social development in 

17 Asia and the Pacific. 

18 ‘‘(L) Economic development in Europe. 

19 ‘‘(M) Economic and social development in 

20 in Latin America and the Caribbean. 

21 ‘‘(N) Economic and social development in 

22 Western Asia. 

23 ‘‘(O) Regular program of technical coopera24 tion. 

25 ‘‘(P) Development account. 
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1 ‘‘(Q) Protection of and assistance to refu2 gees. 

3 ‘‘(R) Palestine refugees. 

4 ‘‘(3) REDIRECTION OF FUNDS.—Of amounts ap5 propriated for contributions towards payment of reg6 ular assessed dues to the United Nations for 2008 and 

7 each subsequent year, if the funding mechanisms of 

8 one or more of the organizational programs of the 

9 United Nations specified in paragraph (2) have not 

10 been shifted from the regular assessed budget to volun11 tarily funded programs in accordance with subsection 

12 (a)(1), the Secretary shall ensure that such amounts 

13 in each such fiscal year that are specified for each 

14 such organizational program pursuant to the resolu15 tion agreed to by the General Assembly for the regular 

16 assessed budget of the United Nations for the period 

17 of a current biennium are redirected from payment of 

18 the assessed amount for the regular assessed budget as 

19 follows: 

20 ‘‘(A) Subject to not less than 30 days prior 

21 notification to Congress, the Secretary shall ex22 pend an amount, not to exceed 40 percent of the 

23 amount specified for each such organizational 

24 program pursuant to the resolution agreed to by 

25 the General Assembly for the regular assessed 
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1 budget of the United Nations for the period of a 

2 current biennium, as a contribution to an eligi3 ble organizational program specified in para4 graph (4). 

5 ‘‘(B) Subject to not less than 30 days prior 

6 notification to Congress, the Secretary shall ex7 pend the remaining amounts under this para8 graph to voluntarily funded United Nations spe9 cialized agencies, funds, or programs. 

10 ‘‘(4) ELIGIBLE ORGANIZATIONAL PROGRAMS.—

11 The eligible organizational programs referred to in 

12 paragraph (3)(A) for redirection of funds under such 

13 paragraph are the following: 

14 ‘‘(A) Internal oversight. 

15 ‘‘(B) Human rights. 

16 ‘‘(C) Humanitarian assistance. 

17 ‘‘(D) An organizational program specified 

18 in subparagraphs (A) through (P) of paragraph 

19 (2), subject to paragraph (5). 

20 ‘‘(5) EXPENDITURE OF REMAINING AMOUNTS TO

21 CERTAIN ORGANIZATION PROGRAMS.—

22 ‘‘(A) VOLUNTARY CONTRIBUTION.—Subject 

23 to not less than 30 days prior notification to 

24 Congress and the limitation specified under sub25 paragraph (B), the Secretary is authorized to 
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1 make a voluntary contribution to an organiza2 tional program of the United Nations specified 

3 in subparagraphs (A) through (P) of paragraph 

4 (2) of any amounts not contributed in a fiscal 

5 year to an eligible organizational program speci6 fied in subparagraphs (A) through (C) of para7 graph (4). 

8 ‘‘(B) 10 PERCENT LIMITATION.—A vol9 untary contribution under subparagraph (A) to 

10 an organizational program of the United Na11 tions specified in subparagraphs (A) through (P) 

12 of paragraph (2) may not exceed 10 percent of 

13 the total contribution made under paragraph 

14 (3)(A). 

15 ‘‘(d) FURTHER CALCULATION WITH RESPECT TO

16 BUDGETS FOR PUBLIC INFORMATION AND GENERAL AS17 SEMBLY AFFAIRS AND CONFERENCE SERVICES.—

18 ‘‘(1) 22 PERCENT LIMITATION.—The Secretary 

19 may not make a contribution to a regularly assessed 

20 biennial budget of the United Nations in an amount 

21 greater than 22 percent of the amount calculable 

22 under paragraph (2). 

23 ‘‘(2) ANNUAL DUES EACH FISCAL YEAR.—

24 ‘‘(A) IN GENERAL.—For annual dues paid 

25 by the United States to the United Nations each 
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1 fiscal year, the percentage specified in paragraph 

2 (1) shall be multiplied by one-half of the amount 

3 of the regularly assessed budget of the United Na4 tions for a current biennial period, as agreed to 

5 by resolution of the General Assembly. 

6 ‘‘(B) CALCULATION WITH RESPECT TO PUB7 LIC INFORMATION AND GENERAL ASSEMBLY AF8 FAIRS AND CONFERENCE SERVICES.—With re9 spect to such United States annual dues, the per10 centage specified in paragraph (1) shall be mul11 tiplied by one-half of the sum of amounts budg12 eted by resolution of the General Assembly for the 

13 2004–2005 biennial period for the following or14 ganizational programs: 

15 ‘‘(i) Public Information. 

16 ‘‘(ii) General Assembly affairs and 

17 conferences services. 

18 ‘‘(C) REDIRECTION OF FUNDS.—

19 ‘‘(i) IN GENERAL.—The President shall 

20 direct the United States Permanent Rep21 resentative to the United Nations to make 

22 every effort, including the withholding of 

23 United States support for a consensus budg24 et of the United Nations, to reduce the budg25 ets of the organizational programs specified 
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1 in subparagraph (B) for 2007 by ten per2 cent against the budgets of such organiza3 tional programs for the 2004–2005 biennial 

4 period. If the budgets of such organizational 

5 programs are not so reduced, 20 percent the 

6 amount determined under subparagraph 

7 (B) for contributions towards payment of 

8 regular assessed dues for 2007 shall be redi9 rected from payment for the amount as10 sessed for United States annual contribu11 tions to the regular assessed budget of the 

12 United Nations. 

13 ‘‘(ii) SPECIFIC AMOUNTS.—The Sec14 retary shall make the amount determined 

15 under clause (i) available as a contribution 

16 to an eligible organizational program speci17 fied in subparagraphs (A) through (C) of 

18 paragraph (4) of subsection (c). 

19 ‘‘(3) POLICY WITH RESPECT TO 2008–2009 BIEN20 NIAL PERIOD AND SUBSEQUENT BIENNIAL PERIODS.—

21 ‘‘(A) IN GENERAL.—The President shall di22 rect the United States Permanent Representative 

23 to the United Nations to make every effort, in24 cluding the withholding of United States support 

25 for a consensus budget of the United Nations, to 
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1 reduce the budgets of the organizational pro2 grams specified in subparagraph (B) of para3 graph (2) for the 2008–2009 biennial period and 

4 each subsequent biennial period by 20 percent 

5 against the budgets of such organizational pro6 grams for the 2004–2005 biennial period. 

7 ‘‘(B) CERTIFICATION.—In accordance with 

8 section 601, a certification shall be required that 

9 certifies that the reduction in budgets described 

10 in subparagraph (A) has been implemented.’’. 

11 (d) EFFECTIVE DATE.—The amendment made by sub12 section (c) shall take effect and apply beginning on October 

13 1, 2006. 

14 SEC. 102. WEIGHTED VOTING. 

15 It shall be the policy of the United States to actively 

16 pursue weighted voting with respect to all budgetary and 

17 financial matters in the Administrative and Budgetary 

18 Committee and in the General Assembly in accordance with 

19 the level of the financial contribution of a Member State 

20 to the regular assessed budget of the United Nations. 

21 SEC. 103. BUDGET CERTIFICATION REQUIREMENTS. 

22 (a) CERTIFICATION.—In accordance with section 601, 

23 a certification shall be required that certifies that the condi24 tions described in subsection (b) have been satisfied. 
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1 (b) CONDITIONS.—The conditions under this sub2 section are the following: 

3 (1) NEW BUDGET PRACTICES FOR THE UNITED

4 NATIONS.—The United Nations is implementing 

5 budget practices that—

6 (A) require the maintenance of a budget not 

7 in excess of the level agreed to by the General As8 sembly at the beginning of each United Nations 

9 budgetary biennium, unless increases are agreed 

10 to by consensus and do not exceed ten percent; 

11 and 

12 (B) require the identification of expendi13 tures by the United Nations by functional cat14 egories such as personnel, travel, and equipment. 

15 (2) PROGRAM EVALUATION.—

16 (A) EXISTING AUTHORITY.—The Secretary 

17 General and the Director General of each special18 ized agency have used their existing authorities 

19 to require program managers within the United 

20 Nations Secretariat and the Secretariats of the 

21 specialized agencies to conduct evaluations in ac22 cordance with the standardized methodology re23 ferred to in subparagraph (B) of—

24 (i) United Nations programs approved 

25 by the General Assembly; and 
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1 (ii) programs of the specialized agen2 cies. 

3 (B) DEVELOPMENT OF EVALUATION CRI4 TERIA.—

5 (i) UNITED NATIONS.—The Office of 

6 Internal Oversight Services has developed a 

7 standardized methodology for the evaluation 

8 of United Nations programs approved by 

9 the General Assembly, including specific 

10 criteria for determining the continuing rel11 evance and effectiveness of the programs. 

12 (ii) SPECIALIZED AGENCIES.—Pat13 terned on the work of the Office of Internal 

14 Oversight Services of the United Nations, 

15 each specialized agency has developed a 

16 standardized methodology for the evaluation 

17 of the programs of the agency, including 

18 specific criteria for determining the con19 tinuing relevance and effectiveness of the 

20 programs. 

21 (C) REPORT.—The Secretary General is as22 sessing budget requests and, on the basis of eval23 uations conducted under subparagraph (B) for 

24 the relevant preceding year, submits to the Gen25 eral Assembly a report containing the results of 
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1 such evaluations, identifying programs that have 

2 satisfied the criteria for continuing relevance 

3 and effectiveness, and an identification of pro4 grams that have not satisfied such criteria and 

5 should be terminated. 

6 (D) SUNSET OF PROGRAMS.—Consistent 

7 with the July 16, 1997, recommendations of the 

8 Secretary General regarding a sunset policy and 

9 results-based budgeting for United Nations pro10 grams, the United Nations and each specialized 

11 agency has established and is implementing pro12 cedures to require all new programs approved by 

13 the General Assembly to have a specific sunset 

14 date. 

15 SEC. 104. ACCOUNTABILITY. 

16 (a) CERTIFICATION OF CREATION OF INDEPENDENT

17 OVERSIGHT BOARD.—In accordance with section 601, a 

18 certification shall be required that certifies that the fol19 lowing reforms related to the establishment of an Inde20 pendent Oversight Board (IOB) have been adopted by the 

21 United Nations: 

22 (1) An IOB is established from existing United 

23 Nations budgetary and personnel resources. Except as 

24 provided in this subsection, the IOB shall be an inde25 pendent entity within the United Nations and shall 
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1 not be subject to budget authority or organizational 

2 authority of any entity within the United Nations. 

3 (2) The head of the IOB shall be a Director, who 

4 shall be nominated by the Secretary General and who 

5 shall be subject to Security Council approval by a 

6 majority vote. The IOB shall also consist of four other 

7 board members who shall be nominated by the Sec8 retary General and subject to Security Council ap9 proval by a majority vote. The IOB shall be respon10 sible to the Security Council and the Director and 

11 board members shall each serve terms of six years, ex12 cept that the terms of the initial board shall be stag13 gered so that no more than two board members’ terms 

14 will expire in any one year. No board member may 

15 serve more than two terms. An IOB board member 

16 may be removed for cause by a majority vote of the 

17 Security Council. The Director shall appoint a profes18 sional staff headed by a Chief of Staff and may em19 ploy contract staff as needed. 

20 (3) The IOB shall receive operational and budg21 etary funding through appropriations by the General 

22 Assembly from existing levels of United Nations budg23 etary and personnel resources, and shall not be de24 pendent upon any other entity, bureau, division, de-
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1 partment, or specialized agency of the United Nations 

2 for such funding. 

3 (4) While the IOB shall have the authority to 

4 evaluate all operations of the United Nations, the pri5 mary mission of the IOB is to oversee the Office of 

6 Internal Oversight Services and the Board of Exter7 nal Auditors. The IOB may direct the Office of Inter8 nal Oversight Services or the Board of External Audi9 tors to initiate, abandon, or modify the scope of an 

10 investigation. Every three months or more frequently 

11 when appropriate, the IOB shall submit, as appro12 priate, to the Secretary General, the Security Council, 

13 the General Assembly, or the Economic and Social 

14 Council a report on its activities, relevant observa15 tions, and recommendations relating to its audit op16 erations, including information relating to the inven17 tory and status of investigations by the Office of In18 ternal Oversight Services. 

19 (5) In extraordinary circumstances and with the 

20 concurrence of the Secretary General or the Security 

21 Council by majority vote, the IOB may augment the 

22 Office of Internal Oversight Services with a special 

23 investigator and staff consisting of individuals who 

24 are not employees of the United Nations, to inves25 tigate matters involving senior officials of the United 
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1 Nations or of its specialized agencies when allegations 

2 of serious misconduct have been made and such a spe3 cial investigation is necessary to maintain public 

4 confidence in the integrity of the investigation. A spe5 cial investigator and staff shall comply with all 

6 United Nations financial disclosure and conflict of 

7 interest rules, including the filing of an individual 

8 Annual Financial Disclosure Form in accordance 

9 with subsection (c). 

10 (6) The IOB shall recommend annual budgets for 

11 the Office of Internal Oversight Services and the 

12 Board of External Auditors. 

13 (b) CERTIFICATION OF UNITED NATIONS REFORMS OF

14 THE OFFICE OF INTERNAL OVERSIGHT SERVICES.—In ac15 cordance with section 601, a certification shall be required 

16 that certifies that the following reforms related to the Office 

17 of Internal Oversight Services (OIOS) have been adopted 

18 by the United Nations: 

19 (1) The OIOS is designated as an independent 

20 entity within the United Nations. The OIOS shall not 

21 be subject to budget authority or organizational au22 thority of any entity within the United Nations ex23 cept as provided in this section. 

24 (2) The regular assessed budget of the United Na25 tions shall fully fund the Internal Oversight Budget 
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1 from existing levels of United Nations budgetary and 

2 personnel resources and shall not be dependent upon 

3 any other entity, bureau, division, department, or 

4 specialized agency of the United Nations for such 

5 funding. 

6 (3) All United Nations officials, including offi7 cials from any entity, bureau, division, department, 

8 or specialized agency of the United Nations, may—

9 (A) make a recommendation to the OIOS to 

10 initiate an investigation of any aspect of the 

11 United Nations; or 

12 (B) report to the OIOS information or alle13 gations of misconduct or inefficiencies within the 

14 United Nations. 

15 (4) The OIOS may, sua sponte, initiate and con16 duct an investigation or audit of any entity, bureau, 

17 division, department, specialized agency, employee 

18 (including the Secretary General) of the United Na19 tions, including any employee of the specialized agen20 cies of the United Nations, or contractor or consultant 

21 for the United Nations or its specialized agencies. 

22 (5) At least every three months and more fre23 quently when appropriate, the OIOS shall submit to 

24 the IOB a report containing an inventory and status 

25 of its investigations. 
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1 (6) The OIOS shall establish procedures for pro2 viding ‘‘whistle-blower’’ status and employment pro3 tections for all employees of the United Nations, in4 cluding employees of the specialized agencies of the 

5 United Nations, who provide informational leads and 

6 testimony related to allegations of wrongdoing. Such 

7 procedures shall be adopted throughout the United 

8 Nations. Such status and protection may not be con9 ferred on the Secretary General. 

10 (7) The OIOS shall annually publish a public 

11 report determining the proper number, distribution, 

12 and expertise of auditors within the OIOS necessary 

13 to carry out present and future duties of the OIOS, 

14 including assessing the staffing requirements needed 

15 to audit United Nations contracting activities 

16 throughout the contract cycle from the bid process to 

17 contract performance. 

18 (8) Not later than six months after the date of 

19 the enactment of this Act, the Director shall establish 

20 a position of Associate Director of OIOS for Special21 ized Agencies and Funds and Programs who shall be 

22 responsible for supervising the OIOS liaison or over23 sight duties for each of the specialized agencies and 

24 funds and programs of the United Nations. With the 

25 concurrence of the Director, the Associate Director of 
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1 OIOS for Specialized Agencies and Funds and Pro2 grams may, from existing levels of United Nations 

3 budgetary and personnel resources, hire and appoint 

4 necessary OIOS staff, including staff serving within 

5 and located at specialized agencies and funds and 

6 programs permanently or as needed to liaison with 

7 existing audit functions within each specialized agen8 cy and fund and program. 

9 (9) Not later than six months after the date of 

10 the enactment of this Act, the Director shall establish 

11 a position of Associate Director of OIOS for Peace12 keeping Operations, who shall be responsible for the 

13 oversight and auditing of the field offices attached to 

14 United Nations peacekeeping operations. The Asso15 ciate Director of OIOS for Peacekeeping Operations 

16 shall receive informational leads and testimony from 

17 any person regarding allegations of wrongdoing by 

18 United Nations officials or peacekeeping troops or re19 garding inefficiencies associated with United Nations 

20 peacekeeping operations. The Associate Director of 

21 OIOS for Peacekeeping Operations shall be respon22 sible for initiating, conducting, and overseeing inves23 tigations within peacekeeping operations. 

24 (10) Not later than six months after the date of 

25 the enactment of this Act, the Director shall establish 
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1 a position of Associate Director of OIOS for Procure2 ment and Contract Integrity, who shall be responsible 

3 for auditing and inspecting procurement and con4 tracting win the United Nations, including within the 

5 specialized agencies. The Associate Director of OIOS 

6 for Procurement and Contract Integrity shall receive 

7 informational leads and testimony from any person 

8 regarding allegations of wrongdoing by United Na9 tions officials or regarding inefficiencies associated 

10 with United Nations procurement or contracting ac11 tivities. The Associate Director of OIOS for Procure12 ment and Contract Integrity shall be responsible for 

13 initiating, conducting, and overseeing investigations 

14 of procurement and contract activities. Not later than 

15 12 months after the establishment of the position of 

16 Associate Director of OIOS for Procurement and Con17 tract Integrity, the Director, with the assistance of the 

18 Associate Director of OIOS for Procurement and Con19 tract Integrity, shall undertake a review of contract 

20 procedures to ensure that practices and policies are in 

21 place to ensure that—

22 (A) the United Nations has ceased issuing 

23 single bid contracts except for such contracts 

24 issued during an emergency situation that is jus-
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1 tified by the Under Secretary General for Man2 agement; 

3 (B) the United Nations has established effec4 tive controls to prevent conflicts of interest in the 

5 award of contracts; and 

6 (C) the United Nations has established effec7 tive procedures and policies to ensure effective 

8 and comprehensive oversight and monitoring of 

9 United Nations contract performance. 

10 (c) CERTIFICATION OF ESTABLISHMENT OF UNITED

11 NATIONS OFFICE OF ETHICS.—In accordance with section 

12 601, a certification shall be required that certifies that the 

13 following reforms related to the establishment of a United 

14 Nations Office of Ethics have been adopted by the United 

15 Nations: 

16 (1) A United Nations Office of Ethics (UNOE) 

17 is established. The UNOE shall be an independent en18 tity within the United Nations and shall not be sub19 ject to budget authority or organizational authority of 

20 any entity within the United Nations. The UNEO 

21 shall be responsible for establishing, managing, and 

22 enforcing a code of ethics for all employees of United 

23 Nations and its specialized agencies. The UNEO shall 

24 also be responsible for providing such employees with 

25 annual training related to such code. The head of the 
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1 UNEO shall be a Director who shall be nominated by 

2 the Secretary General and who shall be subject to Se3 curity Council approval by majority vote. 

4 (2) The UNEO shall receive operational and 

5 budgetary funding through appropriations by the 

6 General Assembly from existing levels of United Na7 tions budgetary and personnel resources and shall not 

8 be dependent upon any other entity, bureau, division, 

9 department, or specialized agency of the United Na10 tions for such funding. 

11 (3) The Director of the UNEO shall, not later 

12 than six months after the date of its establishment, 

13 publish a report containing proposals for imple14 menting a system for the filing and review of indi15 vidual Annual Financial Disclosure Forms by each 

16 employee of the United Nations, including by each 

17 employee of its specialized agencies, at the P–5 level 

18 and above and by all contractors and consultants 

19 compensated at any salary level. Such system shall be 

20 in place and operational not later than six months 

21 after the date of the publication of the report. Such 

22 completed forms shall be made available to the Office 

23 of Internal Oversight Services at the request of the Di24 rector of the Office of Internal Oversight Services. 

25 Such system shall seek to identify and prevent con-
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•HR 2745 RH 

1 flicts of interest by United Nations employees and 

2 shall be comparable to the system used for such pur3 poses by the United States Government. Such report 

4 shall also address broader reforms of the ethics pro5 gram for the United Nations, including—

6 (A) the effect of the establishment of ethics 

7 officers throughout all organizations within the 

8 United Nations; 

9 (B) the effect of retention by the UNEO of 

10 Annual Financial Disclosure Forms; 

11 (C) proposals for making completed Annual 

12 Financial Disclosure Forms available to the pub13 lic on request through their Member State’s mis14 sion to the United Nations; 

15 (D) proposals for annual disclosure to the 

16 public of information related to the annual sala17 ries and payments, including pension payments 

18 and buyouts, of employees of the United Nations, 

19 including employees of its specialized agencies, 

20 and of consultants; 

21 (E) proposals for annual disclosure to the 

22 public of information related to per diem rates 

23 for all bureaus, divisions, departments, or spe24 cialized agencies within the United Nations; 
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•HR 2745 RH 

1 (F) proposals for disclosure upon request by 

2 the Ambassador of a Member State of informa3 tion related to travel and per diem payments 

4 made from United Nations funds to any person; 

5 and 

6 (G) proposals for annual disclosure to the 

7 public of information related to travel and per 

8 diem rates and payments made from United Na9 tions funds to any person. 

10 (d) CERTIFICATION OF UNITED NATIONS ESTABLISH11 MENT OF POSITION OF CHIEF OPERATING OFFICER.—In 

12 accordance with section 601, a certification shall be re13 quired that certifies that the following reforms related to 

14 the establishment of the position of a Chief Operating Offi15 cer have been adopted by the United Nations: 

16 (1) There is established the position of Chief Op17 erating Officer (COO). The COO shall report to the 

18 Secretary General. 

19 (2) The COO shall be responsible for formulating 

20 general policies and programs for the United Nations 

21 in coordination with the Secretary General and in 

22 consultation with the Security Council and the Gen23 eral Assembly. The COO shall be responsible for the 

24 daily administration, operation and supervision, and 

25 the direction and control of the business of the United 
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1 Nations. The Chief Operating Officer shall also per2 form such other duties and may exercise such other 

3 powers as from time to time may be assigned to the 

4 COO by the Secretary General. 

5 (e) CERTIFICATION OF ACCESS BY MEMBER STATES

6 TO REPORTS AND AUDITS BY BOARD OF EXTERNAL AUDI7 TORS.—In accordance with section 601, a certification shall 

8 be required that certifies that Member States may, upon 

9 request, have access to all reports and audits completed by 

10 the Board of External Auditors. 

11 SEC. 105. TERRORISM AND THE UNITED NATIONS. 

12 The President shall direct the United States Perma13 nent Representative to the United Nations to use the voice, 

14 vote, and influence of the United States at the United Na15 tions to work toward adoption by the General Assembly 

16 of—

17 (1) a definition of terrorism that builds upon the 

18 recommendations of the Secretary General’s High19 Level Panel on Threats, Challenges, and Change, and 

20 includes as an essential component of such definition 

21 any action that is intended to cause death or serious 

22 bodily harm to civilians with the purpose of intimi23 dating a population or compelling a government or 

24 an international organization to do, or abstain from 

25 doing, any act; and 
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1 (2) a comprehensive convention on terrorism that 

2 includes the definition described in paragraph (1). 

3 SEC. 106. UNITED NATIONS TREATY BODIES. 

4 The United States shall withhold from United States 

5 contributions to the regular assessed budget of the United 

6 Nations for a biennial period amounts that are propor7 tional to the percentage of such budget that are expended 

8 with respect to a United Nations human rights treaty moni9 toring body or committee that was established by—

10 (1) a convention (without any protocols) or an 

11 international covenant (without any protocols) to 

12 which the United States is not party; or 

13 (2) a convention, with a subsequent protocol, if 

14 the United States is a party to neither. 

15 SEC. 107. EQUALITY AT THE UNITED NATIONS. 

16 (a) INCLUSION OF ISRAEL IN WEOG.—

17 (1) IN GENERAL.—The President shall direct the 

18 United States Permanent Representative to the 

19 United Nations to use the voice, vote, and influence 

20 of the United States to expand the Western European 

21 and Others Group (WEOG) in the United Nations to 

22 include Israel as a permanent member with full 

23 rights and privileges. 

24 (2) NOTIFICATION TO CONGRESS.—Not later 

25 than six months after the date of the enactment of this 
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1 Act and every six months thereafter for the next two 

2 years, the Secretary of State shall notify the appro3 priate congressional committees concerning the treat4 ment of Israel in the United Nations and the expan5 sion of WEOG to include Israel as a permanent mem6 ber. 

7 (b) DEPARTMENT OF STATE REVIEW AND REPORT.—

8 (1) IN GENERAL.—To avoid duplicative efforts 

9 and funding with respect to Palestinian interests and 

10 to ensure balance in the approach to Israeli–Pales11 tinian issues, the Secretary shall, not later than 60 

12 days after the date of the enactment of this Act—

13 (A) conduct an audit of the functions of the 

14 entities listed in paragraph (2); and 

15 (B) submit to the appropriate congressional 

16 committees a report containing recommendations 

17 for the elimination of such duplicative entities 

18 and efforts. 

19 (2) ENTITIES.—The entities referred to in para20 graph (1) are the following: 

21 (A) The United Nations Division for Pales22 tinian Rights. 

23 (B) The Committee on the Exercise of the 

24 Inalienable Rights of the Palestinian People. 
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1 (C) The United Nations Special Coordi2 nator for the Middle East Peace Process and 

3 Personal Representative to the Palestine Libera4 tion Organization and the Palestinian Author5 ity. 

6 (D) The NGO Network on the Question of 

7 Palestine. 

8 (c) IMPLEMENTATION BY PERMANENT REPRESENTA9 TIVE.—

10 (1) IN GENERAL.—The President shall direct the 

11 United States Permanent Representative to the 

12 United Nations to use the voice, vote, and influence 

13 of the United States at the United Nations to seek the 

14 implementation of the recommendations contained in 

15 the report required under subsection (b)(1). 

16 (2) WITHHOLDING OF FUNDS.—Until such rec17 ommendations have been implemented, the United 

18 States shall withhold from United States contribu19 tions to the regular assessed budget of the United Na20 tions for a biennial period amounts that are propor21 tional to the percentage of such budget that are ex22 pended for such entities. 

23 (d) GAO AUDIT.—The Comptroller General of the 

24 United States of the Government Accountability Office shall 

25 conduct an audit of—
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1 (1) the status of the implementation of the rec2 ommendations contained in the report required under 

3 subsection (b)(1); and 

4 (2) United States actions and achievements 

5 under subsection (c). 

6 SEC. 108. REPORT ON UNITED NATIONS REFORM. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, and one year thereafter, 

9 the Secretary shall submit to the appropriate congressional 

10 committees a report on United Nations reform since 1990. 

11 (b) CONTENTS.—The report required under paragraph 

12 (1) shall describe—

13 (1) the status of the implementation of manage14 ment reforms within the United Nations and its spe15 cialized agencies; 

16 (2) the number of outputs, reports, or other items 

17 generated by General Assembly resolutions that have 

18 been eliminated; 

19 (3) the progress of the General Assembly to mod20 ernize and streamline the committee structure and its 

21 specific recommendations on oversight and committee 

22 outputs, consistent with the March 2005 report of the 

23 Secretary General entitled ‘‘In larger freedom: to24 wards development, security and human rights for 

25 all’’; 
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•HR 2745 RH 

1 (4) the status of the review by the General As2 sembly of all mandates older than five years and how 

3 resources have been redirected to new challenges, con4 sistent with such March 2005 report of the Secretary 

5 General; and 

6 (5) the continued utility and relevance of the 

7 Economic and Financial Committee and the Social, 

8 Humanitarian, and Cultural Committee, in light of 

9 the duplicative agendas of those committees and the 

10 Economic and Social Council. 

11 SEC. 109. REPORT ON UNITED NATIONS PERSONNEL. 

12 (a) IN GENERAL.—Not later than one year after the 

13 date of the enactment of this Act, the Secretary of State 

14 shall submit to the appropriate congressional committees a 

15 report—

16 (1) concerning the progress of the General Assem17 bly to modernize human resource practices, consistent 

18 with the March 2005 report of the Secretary General 

19 entitled ‘‘In larger freedom: towards development, se20 curity and human rights for all’’; and 

21 (2) containing the information described in sub22 section (b). 

23 (b) CONTENTS.—The report shall include—
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1 (1) a comprehensive evaluation of human re2 sources reforms at the United Nations, including an 

3 evaluation of— 

4 (A) tenure; 

5 (B) performance reviews; 

6 (C) the promotion system; 

7 (D) a merit-based hiring system and en8 hanced regulations concerning termination of 

9 employment of employees; and 

10 (E) the implementation of a code of conduct 

11 and ethics training; 

12 (2) the implementation of a system of procedures 

13 for filing complaints and protective measures for 

14 work-place harassment, including sexual harassment; 

15 (3) policy recommendations relating to the estab16 lishment of a rotation requirement for nonadminis17 trative positions; 

18 (4) policy recommendations relating to the estab19 lishment of a prohibition preventing personnel and 

20 officials assigned to the mission of a Member State to 

21 the United Nations from transferring to a position 

22 within the United Nations Secretariat that is com23 pensated at the P–5 level and above; 

24 (5) policy recommendations relating to a reduc25 tion in travel allowances and attendant oversight 
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•HR 2745 RH 

1 with respect to accommodations and airline flights; 

2 and 

3 (6) an evaluation of the recommendations of the 

4 Secretary General relating to greater flexibility for 

5 the Secretary General in staffing decisions to accom6 modate changing priorities. 

7 TITLE II—HUMAN RIGHTS AND 

8 THE ECONOMIC AND SOCIAL 

9 COUNCIL (ECOSOC) 

10 SEC. 201. HUMAN RIGHTS. 

11 (a) STATEMENT OF POLICY.—It shall be the policy of 

12 the United States to use its voice, vote, and influence at 

13 the United Nations to ensure that a credible and respectable 

14 Human Rights Council or other human rights body is estab15 lished within the United Nations whose participating Mem16 ber States uphold the values embodied in the Universal Dec17 laration of Human Rights. 

18 (b) HUMAN RIGHTS REFORMS AT THE UNITED NA19 TIONS.—The President shall direct the United States Per20 manent Representative to the United Nations to ensure that 

21 the following human rights reforms have been adopted by 

22 the United Nations: 

23 (1) A Member State that fails to uphold the val24 ues embodied in the Universal Declaration of Human 
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1 Rights shall be ineligible for membership on any 

2 United Nations human rights body. 

3 (2) A Member State shall be ineligible for mem4 bership on any United Nations human rights body if 

5 such Member State is—

6 (A) subject to sanctions by the Security 

7 Council; or 

8 (B) under a Security Council-mandated in9 vestigation for human rights abuses. 

10 (3) A Member State that is currently subject to 

11 an adopted country specific resolution, in the prin12 cipal body in the United Nations for the promotion 

13 and protection of human rights, relating to human 

14 rights abuses perpetrated by the government of such 

15 country in such country, or has been the subject of 

16 such an adopted country specific resolution in such 

17 principal body within the previous three years, shall 

18 be ineligible for membership on any United Nations 

19 human rights body. For purposes of this subsection, 

20 an adopted country specific resolution shall not in21 clude consensus resolutions on advisory services. 

22 (4) A Member State that violates the principles 

23 of a United Nations human rights body to which it 

24 aspires to join shall be ineligible for membership on 

25 such body. 
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1 (5) No human rights body has a standing agen2 da item that relates only to one country or region. 

3 (c) CERTIFICATION.—In accordance with section 601, 

4 a certification shall be required that certifies that the 

5 human rights reforms described under subsection (b) have 

6 been adopted by the United Nations. 

7 (d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ MO8 TIONS.—The United States Permanent Representative shall 

9 work to prevent abuse of ‘‘no action’’ motions, particularly 

10 as such motions relate to country specific resolutions. 

11 (e) OFFICE OF THE UNITED NATIONS HIGH COMMIS12 SIONER FOR HUMAN RIGHTS.—

13 (1) STATEMENT OF POLICY.—It shall be the pol14 icy of the United States to continue to strongly sup15 port the Office of the United Nations High Commis16 sioner for Human Rights. 

17 (2) CERTIFICATION.—In accordance with section 

18 601, a certification shall be required that certifies 

19 that the Office of the United Nations High Commis20 sioner for Human Rights has been given greater au21 thority in field operation activities, such as in the 

22 Darfur region of Sudan and in the Democratic Re23 public of the Congo, in furtherance of the purpose and 

24 mission of the United Nations. 
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1 SEC. 202. ECONOMIC AND SOCIAL COUNCIL (ECOSOC). 

2 (a) STATEMENT OF POLICY.—It shall be the policy of 

3 the United States to use its voice, vote, and influence at 

4 the United Nations to—

5 (1) abolish secret voting in the Economic and 

6 Social Council (ECOSOC); 

7 (2) ensure that, until such time as the Commis8 sion on Human Rights of the United Nations is abol9 ished, only countries that are not ineligible for mem10 bership on a human rights body in accordance with 

11 paragraph (1) through (4) of section 201(b) shall be 

12 considered for membership on the Commission on 

13 Human Rights; and 

14 (3) ensure that after candidate countries are 

15 nominated for membership on the Commission on 

16 Human Rights, the Economic and Social Council 

17 conducts a recorded vote to determine such member18 ship. 

19 (b) CERTIFICATION.—In accordance with section 601, 

20 a certification shall be required that certifies that the poli21 cies described in subsection (a) have been implemented by 

22 the Economic and Social Council. 

23 TITLE III—INTERNATIONAL 

24 ATOMIC ENERGY AGENCY 

25 SEC. 301. INTERNATIONAL ATOMIC ENERGY AGENCY. 

26 (a) ENFORCEMENT AND COMPLIANCE.—
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1 (1) OFFICE OF COMPLIANCE.—

2 (A) ESTABLISHMENT.—The President shall 

3 direct the United States Permanent Representa4 tive to International Atomic Energy Agency 

5 (IAEA) to use the voice, vote, and influence of 

6 the United States at the IAEA to establish an 

7 Office of Compliance in the Secretariat of the 

8 IAEA. 

9 (B) OPERATION.—The Office of Compliance 

10 shall—

11 (i) function as an independent body 

12 composed of technical experts who shall 

13 work in consultation with IAEA inspectors 

14 to assess compliance by IAEA Member 

15 States and provide recommendations to the 

16 IAEA Board of Governors concerning pen17 alties to be imposed on IAEA Member 

18 States that fail to fulfill their obligations 

19 under IAEA Board resolutions; 

20 (ii) base its assessments and rec21 ommendations on IAEA inspection reports; 

22 and 

23 (iii) shall take into consideration in24 formation provided by IAEA Board Mem25 bers that are one of the five nuclear weap-
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•HR 2745 RH 

1 ons states as recognized by the Treaty on 

2 the Non-Proliferation of Nuclear Weapons 

3 (21 UST 483) (commonly referred to as the 

4 ‘‘Nuclear Nonproliferation Treaty’’ or the 

5 ‘‘NPT’’). 

6 (C) STAFFING.—The Office of Compliance 

7 shall be staffed from existing personnel in the 

8 Department of Safeguards of the IAEA or the 

9 Department of Nuclear Safety and Security of 

10 the IAEA. 

11 (2) SPECIAL COMMITTEE ON SAFEGUARDS AND

12 VERIFICATION.—

13 (A) ESTABLISHMENT.—The President shall 

14 direct the United States Permanent Representa15 tive to the IAEA to use the voice, vote, and influ16 ence of the United States at the IAEA to estab17 lish a Special Committee on Safeguards and 

18 Verification. 

19 (B) RESPONSIBILITIES.—The Special Com20 mittee shall—

21 (i) improve the ability of the IAEA to 

22 monitor and enforce compliance by Member 

23 States of the IAEA with the Nuclear Non24 proliferation Treaty and the Statute of the 

25 International Atomic Energy Agency; and 
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1 (ii) consider which additional meas2 ures are necessary to enhance the ability of 

3 the IAEA, beyond the verification mecha4 nisms and authorities contained in the Ad5 ditional Protocol to the Safeguards Agree6 ments between the IAEA and Member States 

7 of the IAEA, to detect with a high degree of 

8 confidence undeclared nuclear activities by 

9 a Member State. 

10 (3) PENALTIES.—

11 (A) IN GENERAL.—The President shall di12 rect the United States Permanent Representative 

13 to the IAEA to use the voice, vote, and influence 

14 of the United States at the IAEA to ensure that 

15 a Member State of the IAEA that is under inves16 tigation for a breach of or noncompliance with 

17 its IAEA obligations or the purposes and prin18 ciples of the Charter of the United Nations has 

19 its privileges suspended, including—

20 (i) limiting its ability to vote on its 

21 case; 

22 (ii) being prevented from receiving any 

23 technical assistance; and 

24 (iii) being prevented from hosting 

25 meetings. 
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1 (B) TERMINATION OF PENALTIES.—The 

2 penalties specified under subparagraph (A) shall 

3 be terminated when such investigation is con4 cluded and such Member State is no longer in 

5 such breach or noncompliance. 

6 (b) UNITED STATES CONTRIBUTIONS.—

7 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

8 contributions of the United States to the IAEA should 

9 primarily be used to fund activities relating to Nu10 clear Safety and Security or activities relating to Nu11 clear Verification. 

12 (2) LIMITATION ON USE OF FUNDS.—The Presi13 dent shall direct the United States Permanent Rep14 resentative to the IAEA to use the voice, vote, and in15 fluence of the United States at the IAEA to—

16 (A) ensure that funds for safeguards inspec17 tions are prioritized for countries that have 

18 newly established nuclear programs or are initi19 ating nuclear programs; and 

20 (B) block the allocation of funds for any 

21 other IAEA development, environmental, or nu22 clear science assistance or activity to a coun23 try—

24 (i) the government of which the Sec25 retary of State has determined, for purposes 
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1 of section 6(j) of the Export Administration 

2 Act of 1979, section 620A of the Foreign As3 sistance Act of 1961, section 40 of the Arms 

4 Export Control Act, or other provision of 

5 law, is a government that has repeatedly 

6 provided support for acts of international 

7 terrorism and the government of which the 

8 Secretary has determined has not disman9 tled and surrendered its weapons of mass 

10 destruction programs under international 

11 verification; 

12 (ii) that is under investigation for a 

13 breach of or noncompliance with its IAEA 

14 obligations or the purposes and principles 

15 of the Charter of the United Nations; or 

16 (iii) that is in violation of its IAEA 

17 obligations or the purposes and principles 

18 of the Charter of the United Nations. 

19 (3) DETAIL OF EXPENDITURES.—The President 

20 shall direct the United States Permanent Representa21 tive to the IAEA to use the voice, vote, and influence 

22 of the United States at the IAEA to secure, as part 

23 of the regular budget presentation of the IAEA to 

24 Member States of the IAEA, a detailed breakdown by 
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1 country of expenditures of the IAEA for safeguards 

2 inspections and nuclear security activities. 

3 (c) MEMBERSHIP.—

4 (1) IN GENERAL.—The President shall direct the 

5 United States Permanent Representative to the IAEA 

6 to use the voice, vote, and influence of the United 

7 States at the IAEA to block the membership on the 

8 Board of Governors of the IAEA for a Member State 

9 of the IAEA that has not signed and ratified the Ad10 ditional Protocol and—

11 (A) is under investigation for a breach of or 

12 noncompliance with its IAEA obligations or the 

13 purposes and principles of the Charter of the 

14 United Nations; or 

15 (B) that is in violation of its IAEA obliga16 tions or the purposes and principles of the Char17 ter of the United Nations. 

18 (2) CRITERIA.—The United States Permanent 

19 Representative to the IAEA shall make every effort to 

20 modify the criteria for Board membership to reflect 

21 the principles described in paragraph (1). 

22 (d) REPORT.—Not later than six months after the date 

23 of the enactment of this Act and annually for two years 

24 thereafter, the President shall submit to the appropriate 
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1 congressional committees a report on the implementation 

2 of this section. 

3 SEC. 302. SENSE OF CONGRESS REGARDING THE NUCLEAR 

4 SECURITY ACTION PLAN OF THE IAEA. 

5 It is the sense of Congress that the national security 

6 interests of the United States are enhanced by the Nuclear 

7 Security Action Plan of the IAEA and the Board of Gov8 ernors should recommend, and the General Conference 

9 should adopt, a resolution incorporating the Nuclear Secu10 rity Action Plan into the regular budget of the IAEA. 

11 TITLE IV—PEACEKEEPING 

12 SEC. 401. SENSE OF CONGRESS REGARDING REFORM OF 

13 UNITED NATIONS PEACEKEEPING OPER14 ATIONS. 

15 It is the sense of Congress that—

16 (1) although United Nations peacekeeping oper17 ations have contributed greatly toward the promotion 

18 of peace and stability for the past 57 years and the 

19 majority of peacekeeping personnel who have served 

20 under the United Nations flag have done so with 

21 honor and courage, the record of United Nations 

22 peacekeeping has been severely tarnished by oper23 ational failures and unconscionable acts of mis24 conduct; and 
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1 (2) if the reputation of and confidence in United 

2 Nations peacekeeping operations is to be restored, fun3 damental and far-reaching reforms, particularly in 

4 the areas of planning, management, training, con5 duct, and discipline, must be implemented without 

6 delay. 

7 SEC. 402. STATEMENT OF POLICY RELATING TO REFORM OF 

8 UNITED NATIONS PEACEKEEPING OPER9 ATIONS. 

10 It shall be the policy of the United States to pursue 

11 reform of United Nations peacekeeping operations in the 

12 following areas: 

13 (1) PLANNING AND MANAGEMENT.—

14 (A) GLOBAL AUDIT.—As the size, cost, and 

15 number of United Nations peacekeeping oper16 ations have increased substantially over the past 

17 decade, an independent audit of each such oper18 ation, with a view toward ‘‘right-sizing’’ oper19 ations and ensuring that such operations are 

20 cost effective, should be conducted and its find21 ings reported to the Security Council. 

22 (B) REVIEW OF MANDATES AND CLOSING

23 OPERATIONS.—In conjunction with the audit de24 scribed in subparagraph (A), the United Nations 

25 Department of Peacekeeping Operations should 
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1 conduct a comprehensive review of all United 

2 Nations peacekeeping operation mandates, with 

3 a view toward identifying objectives that are 

4 practical and achievable, and report its findings 

5 to the Security Council. In particular, the review 

6 should consider the following: 

7 (i) Activities that fall beyond the scope 

8 of traditional peacekeeping activities should 

9 be delegated to a new Peacebuilding Com10 mission, described in paragraph (3). 

11 (ii) Long-standing operations that are 

12 static and cannot fulfill their mandate 

13 should be downsized or closed. 

14 (iii) Where there is legitimate concern 

15 that the withdrawal from a country of an 

16 otherwise static United Nations peace17 keeping operation would result in the re18 sumption of major conflict, a burden-shar19 ing arrangement that reduces the level of as20 sessed contributions, similar to that cur21 rently supporting the United Nations 

22 Peacekeeping Force in Cyprus, should be ex23 plored and instituted. 

24 (C) LEADERSHIP.—As peacekeeping oper25 ations become larger and increasingly complex, 
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1 the Secretariat should adopt a minimum stand2 ard of qualifications for senior leaders and man3 agers, with particular emphasis on specific skills 

4 and experience, and current senior leaders and 

5 managers who do not meet those standards 

6 should be removed or reassigned. 

7 (D) PRE-DEPLOYMENT TRAINING.—Pre-de8 ployment training on interpretation of the man9 date of the operation, specifically in the areas of 

10 use of force, civilian protection and field condi11 tions, the Code of Conduct, HIV/AIDS, and 

12 human rights should be mandatory, and all per13 sonnel, regardless of category or rank, should be 

14 required to sign an oath that each has received 

15 and understands such training as a condition of 

16 participation in the operation. 

17 (2) CONDUCT AND DISCIPLINE.—

18 (A) ADOPTION OF A UNIFORM CODE OF CON19 DUCT.—A single, uniform Code of Conduct that 

20 has the status of a binding rule and applies 

21 equally to all personnel serving in United Na22 tions peacekeeping operations, regardless of cat23 egory or rank, should be promulgated, adopted, 

24 and enforced. 
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1 (B) UNDERSTANDING THE CODE OF CON2 DUCT.—All personnel, regardless of category or 

3 rank, should receive training on the Code of Con4 duct prior to deployment with a peacekeeping 

5 operation, in addition to periodic follow-on 

6 training. In particular—

7 (i) all personnel, regardless of category 

8 or rank, should be provided with a personal 

9 copy of the Code of Conduct that has been 

10 translated into the national language of 

11 such personnel, regardless of whether such 

12 language is an official language of the 

13 United Nations; 

14 (ii) all personnel, regardless of category 

15 or rank, should sign an oath that each has 

16 received a copy of the Code of Conduct, that 

17 each pledges to abide by the Code of Con18 duct, and that each understands the con19 sequences of violating the Code of Conduct, 

20 including immediate termination of the 

21 participation of such personnel in the 

22 peacekeeping operation to which such per23 sonnel is assigned as a condition of ap24 pointment to such operation; and 
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1 (iii) peacekeeping operations should 

2 conduct educational outreach programs to 

3 reach local communities where peacekeeping 

4 personnel of such operations are based, in5 cluding explaining prohibited acts on the 

6 part of United Nations peacekeeping per7 sonnel and identifying the individual to 

8 whom the local population may direct com9 plaints or file allegations of exploitation, 

10 abuse, or other acts of misconduct. 

11 (C) MONITORING MECHANISMS.—Dedicated 

12 monitoring mechanisms, such as the Personnel 

13 Conduct Units already deployed to support 

14 United Nations peacekeeping operations in 

15 Haiti, Liberia, Burundi, and the Democratic 

16 Republic of Congo, should be present in each op17 eration to monitor compliance with the Code of 

18 Conduct, and—

19 (i) should report simultaneously to the 

20 Head of Mission, the United Nations De21 partment of Peacekeeping Operations, and 

22 the Associate Director of OIOS for Peace23 keeping Operations (established under sec24 tion 104(b)(10)); and 
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1 (ii) should be tasked with designing 

2 and implementing mission-specific meas3 ures to prevent misconduct, conduct follow4 on training for personnel, coordinate com5 munity outreach programs, and assist in 

6 investigations, as OIOS determines nec7 essary and appropriate. 

8 (D) INVESTIGATIONS.—A permanent, pro9 fessional, and independent investigative body 

10 should be established and introduced into United 

11 Nations peacekeeping operations. In par12 ticular—

13 (i) the investigative body should in14 clude professionals with experience in inves15 tigating sex crimes, as well as experts who 

16 can provide guidance on standards of proof 

17 and evidentiary requirements necessary for 

18 any subsequent legal action; 

19 (ii) provisions should be included in a 

20 Model Memorandum of Understanding that 

21 obligate Member States that contribute 

22 troops to a peacekeeping operation to des23 ignate a military prosecutor who will par24 ticipate in any investigation into an allega25 tion of misconduct brought against an indi-
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1 vidual of such Member State, so that evi2 dence is collected and preserved in a man3 ner consistent with the military law of such 

4 Member State; 

5 (iii) the investigative body should be 

6 regionally based to ensure rapid deployment 

7 and should be equipped with modern 

8 forensics equipment for the purpose of posi9 tively identifying perpetrators and, where 

10 necessary, for determining paternity; and 

11 (iv) the investigative body should re12 port directly to the Associate Director of 

13 OIOS for Peacekeeping Operations, while 

14 providing copies of any reports to the De15 partment of Peacekeeping Operations, the 

16 Head of Mission, and the Member State 

17 concerned. 

18 (E) FOLLOW-UP.—A dedicated unit, similar 

19 to the Personnel Conduct Units, staffed and 

20 funded through existing resources, should be es21 tablished within the headquarters of the United 

22 Nations Department of Peacekeeping Operations 

23 and tasked with—

24 (i) promulgating measures to prevent 

25 misconduct; 
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1 (ii) coordinating allegations of mis2 conduct, and reports received by field per3 sonnel; and 

4 (iii) gathering follow-up information 

5 on completed investigations, particularly by 

6 focusing on disciplinary actions against the 

7 individual concerned taken by the United 

8 Nations or by the Member State that is con9 tributing troops to which such individual 

10 belongs, and sharing such information with 

11 the Security Council, the Head of Mission, 

12 and the community hosting the peace13 keeping operation. 

14 (F) FINANCIAL LIABILITY AND VICTIMS AS15 SISTANCE.—Although peacekeeping operations 

16 should provide immediate medical assistance to 

17 victims of sexual abuse or exploitation, the re18 sponsibility for providing longer-term treatment, 

19 care, or restitution lies solely with the individual 

20 found guilty of the misconduct. In particular, 

21 the following reforms should be implemented: 

22 (i) The United Nations should not as23 sume responsibility for providing long-term 

24 treatment or compensation by creating a 

25 ‘‘Victims Trust Fund’’, or any other such 
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1 similar fund, financed through assessed con2 tributions to United Nations peacekeeping 

3 operations, thereby shielding individuals 

4 from personal liability and reinforcing an 

5 atmosphere of impunity. 

6 (ii) If an individual responsible for 

7 misconduct has been repatriated, reassigned, 

8 redeployed, or is otherwise unable to provide 

9 assistance, responsibility for providing as10 sistance to a victim should be assigned to 

11 the Member State that contributed the 

12 troops to which such individual belonged or 

13 to the manager concerned. 

14 (iii) In the case of misconduct by a 

15 member of a military contingent, appro16 priate funds shall be withheld from the 

17 troop contributing country concerned. 

18 (iv) In the case of misconduct by a ci19 vilian employee or contractor of the United 

20 Nations, appropriate wages shall be gar21 nished from such individual or fines shall 

22 be imposed against such individual, con23 sistent with existing United Nations Staff 

24 Rules. 
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1 (G) MANAGERS AND COMMANDERS.—The 

2 manner in which managers and commanders 

3 handle cases of misconduct by those serving 

4 under them should be included in their indi5 vidual performance evaluations, so that man6 agers and commanders who take decisive action 

7 to deter and address misconduct are rewarded, 

8 while those who create a permissive environment 

9 or impede investigations are penalized or re10 lieved of duty, as appropriate. 

11 (H) DATA BASE.—A centralized data base 

12 should be created and maintained within the 

13 United Nations Department of Peacekeeping Op14 erations to track cases of misconduct, including 

15 the outcome of investigations and subsequent 

16 prosecutions, to ensure that personnel who have 

17 engaged in misconduct or other criminal activi18 ties, regardless of category or rank, are perma19 nently barred from participation in future 

20 peacekeeping operations. 

21 (I) WELFARE.—Peacekeeping operations 

22 should assume responsibility for maintaining a 

23 minimum standard of welfare for mission per24 sonnel to ameliorate conditions of service, while 

25 adjustments are made to the discretionary wel-
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1 fare payments currently provided to Member 

2 States that contribute troops to offset the cost of 

3 operation-provided recreational facilities. 

4 (3) PEACEBUILDING COMMISSION.—

5 (A) ESTABLISHMENT.—Consistent with the 

6 recommendations of the High Level Panel Re7 port, the United Nations should establish a 

8 Peacebuilding Commission, supported by a 

9 Peacebuilding Support Office, to marshal the ef10 forts of the United Nations, international finan11 cial institutions, donors, and non-governmental 

12 organizations to assist countries in transition 

13 from war to peace. 

14 (B) STRUCTURE AND MEMBERSHIP.—The 

15 Commission should—

16 (i) be a subsidiary body of the United 

17 Nations Security Council, limited in size to 

18 ensure efficiency; 

19 (ii) include members of the United Na20 tions Security Council, major donors, major 

21 troop contributing countries, appropriate 

22 United Nations organizations, the World 

23 Bank, and the International Monetary 

24 Fund; and 
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1 (iii) invite the President of ECOSOC, 

2 regional actors, Member States that con3 tribute troops, regional development banks, 

4 and other concerned parties that are not al5 ready members, as determined appropriate, 

6 to consult or participate in meetings as ob7 servers. 

8 (C) RESPONSIBILITIES.—The Commission 

9 should seek to ease the demands currently placed 

10 upon the Department of Peacekeeping Operations 

11 to undertake tasks that fall beyond the scope of 

12 traditional peacekeeping, by—

13 (i) developing and integrating country14 specific and system-wide conflict prevention, 

15 post-conflict reconstruction, and long-term 

16 development policies and strategies; and 

17 (ii) serving as the key coordinating 

18 body for the design and implementation of 

19 military, humanitarian, and civil adminis20 tration aspects of complex missions. 

21 (D) RESOURCES.—The establishment of the 

22 Peacebuilding Commission and the related 

23 Peacebuilding Support Office, should be staffed 

24 within existing resources. 
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1 SEC. 403. CERTIFICATION. 

2 (a) NEW OR EXPANDED PEACEKEEPING OPERATIONS

3 CONTINGENT UPON PRESIDENTIAL CERTIFICATION OF

4 PEACEKEEPING OPERATIONS REFORMS.—

5 (1) NO NEW OR EXPANDED PEACEKEEPING OP6 ERATIONS.—

7 (A) CERTIFICATION.—Except as provided in 

8 subparagraph (B), until the Secretary of State 

9 certifies that the requirements described in para10 graph (2) have been satisfied, the President shall 

11 direct the United States Permanent Representa12 tive to the United Nations to use the voice, vote, 

13 and influence of the United States at the United 

14 Nations to oppose the creation of new, or expan15 sion of existing, United Nations peacekeeping op16 erations. 

17 (B) EXCEPTION AND NOTIFICATION.—The 

18 requirements described under subparagraphs (F) 

19 and (G) of paragraph (2) may be waived until 

20 January 1, 2007, if the President determines 

21 that such is in the national interest of the 

22 United States. If the President makes such a de23 termination, the President shall, not later than 

24 15 days before the exercise of such waiver, notify 

25 the appropriate congressional committees of such 

26 determination and resulting waiver. 
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1 (2) CERTIFICATION OF PEACEKEEPING OPER2 ATIONS REFORMS.—The certification referred to in 

3 paragraph (1) is a certification made by the Sec4 retary to the appropriate congressional committees 

5 that the following reforms, or an equivalent set of re6 forms, related to peacekeeping operations have been 

7 adopted by the United Nations Department of Peace8 keeping Operations or the General Assembly, as ap9 propriate: 

10 (A) A single, uniform Code of Conduct that 

11 has the status of a binding rule and applies 

12 equally to all personnel serving in United Na13 tions peacekeeping operations, regardless of cat14 egory or rank, has been adopted by the General 

15 Assembly and mechanisms have been established 

16 for training such personnel concerning the re17 quirements of the Code and enforcement of the 

18 Code. 

19 (B) All personnel, regardless of category or 

20 rank, serving in a peacekeeping operation have 

21 been trained concerning the requirements of the 

22 Code of Conduct and each has been given a per23 sonal copy of the Code, translated into the na24 tional language of such personnel. 
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1 (C) All personnel, regardless of category or 

2 rank, are required to sign an oath that each has 

3 received a copy of the Code of Conduct, that each 

4 pledges to abide by the Code, and that each un5 derstands the consequences of violating the Code, 

6 including the immediate termination of the par7 ticipation of such personnel in the peacekeeping 

8 operation to which such personnel is assigned as 

9 a condition of the appointment to such oper10 ation. 

11 (D) All peacekeeping operations have de12 signed and implemented educational outreach 

13 programs to reach local communities where 

14 peacekeeping personnel of such operations are 

15 based to explain prohibited acts on the part of 

16 United Nations peacekeeping personnel and to 

17 identify the individual to whom the local popu18 lation may direct complaints or file allegations 

19 of exploitation, abuse, or other acts of mis20 conduct. 

21 (E) A centralized data base has been created 

22 and is being maintained in the United Nations 

23 Department of Peacekeeping Operations that 

24 tracks cases of misconduct, including the out25 comes of investigations and subsequent prosecu-
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1 tions, to ensure that personnel, regardless of cat2 egory or rank, who have engaged in misconduct 

3 or other criminal activities are permanently 

4 barred from participation in future peacekeeping 

5 operations. 

6 (F) A Model Memorandum of Under7 standing between the United Nations and each 

8 Member State that contributes troops to a peace9 keeping operation has been adopted by the 

10 United Nations Department of Peacekeeping Op11 erations that specifically obligates each such 

12 Member State to—

13 (i) designate a competent legal author14 ity, preferably a prosecutor with expertise 

15 in the area of sexual exploitation and abuse, 

16 to participate in any investigation into an 

17 allegation of misconduct brought against an 

18 individual of such Member State; 

19 (ii) refer to its competent national or 

20 military authority for possible prosecution, 

21 if warranted, any investigation of a viola22 tion of the Code of Conduct or other crimi23 nal activity by an individual of such Mem24 ber State; 
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1 (iii) report to the Department of 

2 Peacekeeping Operations on the outcome of 

3 any such investigation; 

4 (iv) undertake to conduct on-site court 

5 martial proceedings relating to allegations 

6 of misconduct alleged against an individual 

7 of such Member State; and 

8 (v) assume responsibility for the provi9 sion of appropriate assistance to a victim of 

10 misconduct committed by an individual of 

11 such Member State. 

12 (G) A professional and independent inves13 tigative and audit function has been established 

14 within the United Nations Department of Peace15 keeping Operations and the OIOS to monitor 

16 United Nations peacekeeping operations. 

17 TITLE V—DEPARTMENT OF 

18 STATE AND GOVERNMENT AC19 COUNTABILITY OFFICE 

20 SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT 

21 INTERNATIONAL ORGANIZATIONS. 

22 The Secretary of State shall make every effort to re23 cruit United States citizens for positions within inter24 national organizations. 
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1 SEC. 502. BUDGET JUSTIFICATION FOR REGULAR ASSESSED 

2 BUDGET OF THE UNITED NATIONS. 

3 (a) DETAILED ITEMIZATION.—The annual congres4 sional budget justification shall include a detailed itemized 

5 request in support of the assessed contribution of the United 

6 States to the regular assessed budget of the United Nations. 

7 (b) CONTENTS OF DETAILED ITEMIZATION.—The de8 tailed itemization required under subsection (a) shall—

9 (1) contain information relating to the amounts 

10 requested in support of each of the various sections 

11 and titles of the regular assessed budget of the United 

12 Nations; and 

13 (2) compare the amounts requested for the cur14 rent year with the actual or estimated amounts con15 tributed by the United States in previous fiscal years 

16 for the same sections and titles. 

17 (c) ADJUSTMENTS AND NOTIFICATION.—If the United 

18 Nations proposes an adjustment to its regular assessed 

19 budget, the Secretary of State shall, at the time such adjust20 ment is presented to the Advisory Committee on Adminis21 trative and Budgetary Questions (ACABQ), notify and con22 sult with the appropriate congressional committees. 

23 SEC. 503. REVIEW AND REPORT. 

24 Not later than six months after the date of the enact25 ment of this Act, the Secretary of State shall conduct a re26 view of programs of the United Nations that are funded 
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1 through assessed contributions and submit to the appro2 priate congressional committees a report containing—

3 (1) the findings of such review; and 

4 (2) recommendations relating to—

5 (A) the continuation of such programs; and 

6 (B) which of such programs should be vol7 untarily funded, other than those specified in 

8 subparagraphs (A) through (R) of subsection 

9 (c)(2) of section 11 of the United Nations Par10 ticipation Act of 1945, as amended by section 

11 101(c) of this Act. 

12 SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE. 

13 (a) REPORT ON UNITED NATIONS REFORMS.—Not 

14 later than 12 months after the date of the enactment of this 

15 Act and again 12 months thereafter, the Comptroller Gen16 eral of the United States of the Government Accountability 

17 Office shall submit to the appropriate congressional com18 mittees a report on the status of the 1997, 2002, and 2005 

19 management reforms initiated by the Secretary General 

20 and on the reforms mandated by this Act. 

21 (b) REPORT ON DEPARTMENT OF STATE CERTIFI22 CATIONS.—Not later than six months after each certifi23 cation submitted by the Secretary of State to the appro24 priate congressional committees under this Act and sub25 section (d)(3) of section 11 of the United Nations Participa-
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1 tion Act of 1945 (as amended by section 101(c) of this Act), 

2 the Comptroller General shall submit to the appropriate 

3 congressional committees a report on each such certifi4 cation. The Secretary shall provide the Comptroller General 

5 with any information required by the Comptroller General 

6 to submit any such report. 

7 TITLE VI—CERTIFICATIONS AND 

8 WITHHOLDING OF CONTRIBU9 TIONS 

10 SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CON11 TRIBUTIONS. 

12 (a) CERTIFICATIONS.—

13 (1) IN GENERAL.—Except as provided in para14 graph (3), the certifications required under subsection 

15 (d)(3) of section 11 of the United Nations Participa16 tion Act of 1945 (as amended by section 101(c) of this 

17 Act) and section 103, sections 104(a) through 104(e), 

18 sections 201(c) and 201(e), and section 202 of this Act 

19 are certifications submitted to the appropriate con20 gressional committees by the Secretary of State that 

21 the requirements of each such section have been satis22 fied with respect to reform of the United Nations. 

23 (2) ALTERNATE CERTIFICATION MECHANISM.—

24 (A) IN GENERAL.—Except as provided in 

25 paragraph (3), in the event that the Secretary is 
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1 unable to submit a certification in accordance 

2 with paragraph (1), the Secretary may submit to 

3 the appropriate congressional committees, in ac4 cordance with subparagraph (B), an alternate 

5 certification that certifies that the requirements 

6 of the section to which the original certification 

7 applies have been implemented through reforms 

8 that are substantially similar to the require9 ments of such section or accomplish the same 

10 purposes as the requirements of such section. 

11 (B) EQUIVALENCY.—Reforms are substan12 tially similar or accomplish the same purposes 

13 if—

14 (i) such reforms are formally adopted 

15 in written form by the entity or committee 

16 of the United Nations or of its specialized 

17 agency that has authority to enact or imple18 ment such reforms or are issued by the Sec19 retariat or the appropriate entity or com20 mittee in written form; and 

21 (ii) such reforms are not identical to 

22 the reforms required by a particular certifi23 cation but in the determination of the Sec24 retary will have the same, or nearly the 

25 same effect, as such reforms. 
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1 (C) WRITTEN JUSTIFICATION AND CON2 SULTATION.—

3 (i) WRITTEN JUSTIFICATION.—Not 

4 later than 30 days before submitting an al5 ternate certification in accordance with sub6 paragraph (A), the Secretary shall submit 

7 to the appropriate congressional committees 

8 a written justification explaining in detail 

9 the basis for such alternate certification. 

10 (ii) CONSULTATION.—After the Sec11 retary has submitted the written justifica12 tion under clause (i), but no later than 15 

13 days before the Secretary exercises the alter14 nate certification mechanism described 

15 under subparagraph (A), the Secretary shall 

16 consult with the appropriate congressional 

17 committees regarding such exercise. 

18 (3) LIMITED EXCEPTION FOR SUBSTANTIAL COM19 PLIANCE.—

20 (A) SUBSTANTIAL COMPLIANCE.—Subject to 

21 subparagraph (B), if at least 32 of the 39 re22 forms represented by the ten certifications speci23 fied under paragraph (1) have been imple24 mented, all such reforms (including the 

25 unimplemented reforms) so represented shall be 
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1 deemed to have been implemented for the year in 

2 which the Secretary submits such certifications. 

3 (B) MANDATORY IMPLEMENTATION OF CER4 TAIN REFORMS.—

5 (i) IN GENERAL.—The provisions of 

6 subparagraph (A) shall not apply unless the 

7 reforms under the following sections have 

8 been implemented for the year to which sub9 paragraph (A) applies: 

10 (I) Subsection (d)(3) of section 11 

11 of the United Nations Participation 

12 Act of 1945 (as amended by section 

13 101(c) of this Act). 

14 (II) Section 103(b)(1)(A). 

15 (III) Section 103(b)(2)(D). 

16 (IV) Section 104(a)(1). 

17 (V) Section 104(a)(6). 

18 (VI) Section 104(b)(1). 

19 (VII) Section 104(b)(2). 

20 (VIII) Section 104(c)(1). 

21 (IX) Section 201(b)(1). 

22 (X) Section 201(b)(2). 

23 (XI) Section 201(b)(3). 

24 (XII) Section 201(b)(5). 

25 (XIII) Section 202(a)(1). 
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1 (XIV) Section 202(a)(2). 

2 (ii) FULL COMPLIANCE IN SUCCEEDING

3 YEAR.—If the unimplemented reforms under 

4 subparagraph (A) are not implemented in 

5 the year succeeding the year to which sub6 paragraph (A) applies, the provisions of 

7 subsection (b) shall apply for such suc8 ceeding year. 

9 (b) WITHHOLDING OF UNITED STATES CONTRIBU10 TIONS TO REGULAR ASSESSED BUDGET OF THE UNITED

11 NATIONS.—

12 (1) IN GENERAL.—Except as provided in para13 graph (4) and in accordance with paragraph (2), 

14 until such time as all certifications (or alternate cer15 tifications) are submitted in accordance with sub16 section (a), the United States shall appropriate, but 

17 withhold from expenditure, 50 percent of the contribu18 tions of the United States to the regular assessed 

19 budget of the United Nations for a biennial period. 

20 (2) AVAILABLE UNTIL EXPENDED.—The con21 tributions appropriated but withheld from expendi22 ture under paragraph (1) are authorized to remain 

23 available until expended. 

24 (3) APPLICATION WITH RESPECT TO SECTION

25 11(B)OF THE UNITED NATION PARTICIPATION ACT OF
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1 1945.—Until such time as all certifications (or alter2 nate certifications) are submitted in accordance with 

3 subsection (a), subsection (b) of section 11 of the 

4 United Nations Participation Act of 1945 (as amend5 ed by section 101(c) of this Act) shall be administered 

6 as though such section reads as follows: ‘‘The Sec7 retary may not make a contribution to a regularly 

8 assessed biennial budget of the United Nations in an 

9 amount greater than 11 percent of the amount cal10 culable under subsection (c).’’. 

11 (4) SECTION 11(D)(3) OF UNITED NATIONS PAR12 TICIPATION ACT OF 1945.—

13 (A) SPECIAL RULE.—A certification under 

14 subsection (d)(3) of section 11 of the United Na15 tions Participation Act of 1945 (as amended by 

16 section 101(c) of this Act) (relating to the 2008–

17 2009 biennial period and subsequent biennial pe18 riods) shall not be required until such time as 

19 the United Nations makes its formal budget pres20 entation for the 2008–2009 biennial period. 

21 (B) APPLICATION.—If the Secretary does 

22 not submit a certification under such section, the 

23 50 percent withholding described under para24 graph (1) shall apply. 
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1 (c) RELEASE OF FUNDS.—At such time as all certifi2 cations (or alternate certifications) are submitted in accord3 ance with subsection (a), the United States shall transfer 

4 to the United Nations amounts appropriated but withheld 

5 from expenditure under subsection (b). 

6 (d) ANNUAL REVIEWS.—

7 (1) IN GENERAL.—The Secretary shall conduct 

8 annual reviews, beginning one year after the date on 

9 which the Secretary submits the final certification (or 

10 alternate certification) in accordance with subsection 

11 (a), to determine if the United Nations continues to 

12 remain in compliance with all such certifications (or 

13 alternate certifications). Not later than 30 days after 

14 the completion of each such review, the Secretary shall 

15 submit to the appropriate congressional committees a 

16 report containing the findings of each such review. 

17 (2) ACTION.—If during the course of any such 

18 review the Secretary determines that the United Na19 tions has failed to remain in compliance with a cer20 tification (or an alternate certification) that was sub21 mitted in accordance with subsection (a), the 50 per22 cent withholding described under subsection (b) shall 

23 re-apply with respect to United States contributions 

24 each fiscal year to the regular assessed budget of the 

25 United Nations beginning with the fiscal year imme-
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1 diately following such review and subsequent fiscal 

2 years until such time as all certifications (or alter3 nate certifications) under subsection (a) have been 

4 submitted. 

5 (e) EFFECTIVE DATE.—The certifications (or alternate 

6 certifications) specified under subsection (a) shall be re7 quired with respect to United States contributions towards 

8 payment of regular assessed dues of the United Nations for 

9 2007 and subsequent years. 

Union Calendar No. 68

109TH CONGRESS 

1ST SESSION H. R. 2745

[Report No. 109–120] 

A BILL

To reform the United Nations, and for other 

purposes. 

JUNE 10, 2005

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