II 

Calendar No. 133 

109TH CONGRESS 

1ST SESSION H. R. 2745 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2005 

Received and read the first time 

JUNE 21, 2005 

Read the second time and placed on the calendar 

AN ACT 

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’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 
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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. 

Sec. 110. Report on United States contributions to the United Nations. 

Sec. 111. United Nations Security Council and Lebanon. 

Sec. 112. Policy with respect to expansion of the Security Council. 

Sec. 113. Genocide and the United Nations. 

Sec. 114. Anti-semitism and the United Nations. 

TITLE II—HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL 

COUNCIL (ECOSOC) 

Sec. 201. Human rights. 

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

Sec. 203. United Nations Democracy Fund. 

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. 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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com-
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1 mittees’’ means the Committee on International Re2 lations of the House of Representatives and the 

3 Committee on Foreign Relations of the Senate. 

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

5 an individual who is employed in the general serv6 ices, professional staff, or senior management of the 

7 United Nations, including contractors and consult8 ants. 

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

10 Assembly’’ means the General Assembly of the 

11 United Nations. 

12 (4) MEMBER STATE.—The term ‘‘Member 

13 State’’ means a Member State of the United Na14 tions. Such term is synonymous with the term 

15 ‘‘country’’. 

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

17 the Secretary of State. 

18 (6) SECRETARY GENERAL.—The term ‘‘Sec19 retary General’’ means the Secretary General of the 

20 United 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 
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1 ‘‘specialized agencies’’ and ‘‘specialized agencies of 

2 the United Nations’’ mean— 

3 (A) the Food and Agriculture Organization 

4 (FAO); 

5 (B) the International Atomic Energy 

6 Agency (IAEA); 

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

9 (D) the International Fund for Agricul10 tural 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 

23 (WHO) and its regional agencies; 

24 (L) the World Meteorological Organization 

25 (WMO); and 
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1 (M) the World Intellectual Property Orga2 nization (WIPO). 

3 SEC. 3. STATEMENT OF CONGRESS. 

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

5 is incumbent upon the United Nations to enact significant 

6 reform measures if it is to restore the public trust and 

7 confidence necessary for it to achieve the laudable goals 

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

9 seeks 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 

22 organizational 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 

2 be 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 

7 following 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 

15 future biennial budgets of the United Nations, as 

16 agreed to by the General Assembly, reflect the shift 

17 in funding mechanisms described in paragraph 

18 (1)(B) and the redirection of funds described in 

19 paragraph (2). 

20 (4) CERTAIN ORGANIZATIONAL PROGRAMS.— 

21 The organizational programs referred to in para22 graph (1)(B) are the following: 

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

2 developing countries and small island devel3 oping 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 justice. 

12 (I) International drug control. 

13 (J) Economic and social development in 

14 Africa. 

15 (K) Economic and social development in 

16 Asia and the Pacific. 

17 (L) Economic development in Europe. 

18 (M) Economic and social development in 

19 Latin America and the Caribbean. 

20 (N) Economic and social development in 

21 Western Asia. 

22 (O) Regular program of technical coopera23 tion. 

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

3 (R) Palestine refugees. 

4 (b) AUTHORIZATION WITH RESPECT TO THE REG5 ULAR ASSESSED BUDGET OF THE UNITED NATIONS.— 

6 Subject to the amendment made by subsection (c), the 

7 Secretary of State is authorized to make contributions to8 ward the amount assessed to the United States by the 

9 United Nations for the purpose of funding the regular as10 sessed budget of the United Nations. 

11 (c) UNITED STATES FINANCIAL CONTRIBUTIONS TO

12 THE UNITED NATIONS.—Section 11 of the United Na13 tions Participation Act of 1945 (22 U.S.C. 287e–3) is 

14 amended to read as follows: 

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

16 THE UNITED NATIONS. 

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

18 THE REGULAR ASSESSED BUDGET OF THE UNITED NA19 TIONS.— 

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

21 the United States Permanent Representative to the 

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

23 of the United States at the United Nations to— 
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1 ‘‘(A) pursue a streamlined, efficient, and 

2 accountable regular assessed budget of the 

3 United Nations; and 

4 ‘‘(B) shift funding mechanisms of certain 

5 organizational programs of the United Nations 

6 specified under paragraph (2) of subsection (c) 

7 from the regular assessed budget to voluntarily 

8 funded programs. 

9 ‘‘(2) UNITED STATES CONTRIBUTIONS.—It 

10 shall be the policy of the United States to— 

11 ‘‘(A) redirect United States contributions 

12 to the United Nations to achieve the policy ob13 jectives described in paragraph (1)(B); and 

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

15 following organizational programs to pursue the 

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

17 ‘‘(i) Public Information. 

18 ‘‘(ii) General Assembly affairs and 

19 conferences services. 

20 ‘‘(3) FUTURE BIENNIUM BUDGETS.—The Presi21 dent shall direct the United States Permanent Rep22 resentative to the United Nations to use the voice, 

23 vote, and influence of the United States at the 

24 United Nations to ensure that the shifting of fund25 ing mechanisms under paragraph (1)(B) and re-
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1 directing of contributions under paragraph (2) be re2 flected in future resolutions agreed to by the General 

3 Assembly for the regular assessed budget of the 

4 United Nations for the period of a current biennium. 

5 To achieve the policies described in paragraphs (1) 

6 and (2), the United States Permanent Representa7 tive to the United Nations shall withhold the support 

8 of the United States for a consensus for such budget 

9 until such time as such budget is reflective of such 

10 policies. 

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

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

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

14 to a regularly assessed biennial budget of the United Na15 tions in an amount greater than 22 percent of the amount 

16 calculable under subsection (c). 

17 ‘‘(c) ANNUAL DUES.— 

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

19 the United States to the United Nations each fiscal 

20 year, the percentage specified in subsection (b) shall 

21 be multiplied by one-half of the amount of the regu22 larly assessed budget of the United Nations for a 

23 current biennial period, as agreed to by resolution of 

24 the General Assembly. 
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1 ‘‘(2) CALCULATION WITH RESPECT TO CERTAIN

2 ORGANIZATIONAL PROGRAMS FOR REDIRECTION.— 

3 The percentage specified in subsection (b) shall be 

4 multiplied by one-half of the sum of amounts budg5 eted by resolution of the General Assembly for a 

6 current biennial period for the following certain or7 ganizational programs: 

8 ‘‘(A) Economic and social affairs. 

9 ‘‘(B) Least-developed countries, landlocked 

10 developing countries and small island devel11 oping States. 

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

13 Partnership for Africa’s Development. 

14 ‘‘(D) Trade and development. 

15 ‘‘(E) International Trade Center 

16 UNCTAD/WTO. 

17 ‘‘(F) Environment. 

18 ‘‘(G) Human settlements. 

19 ‘‘(H) Crime prevention and criminal jus20 tice. 

21 ‘‘(I) International drug control. 

22 ‘‘(J) Economic and social development in 

23 Africa. 

24 ‘‘(K) Economic and social development in 

25 Asia and the Pacific. 
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1 ‘‘(L) Economic development in Europe. 

2 ‘‘(M) Economic and social development in 

3 Latin America and the Caribbean. 

4 ‘‘(N) Economic and social development in 

5 Western Asia. 

6 ‘‘(O) Regular program of technical co7 operation. 

8 ‘‘(P) Development account. 

9 ‘‘(Q) Protection of and assistance to refu10 gees. 

11 ‘‘(R) Palestine refugees. 

12 ‘‘(3) REDIRECTION OF FUNDS.—Of amounts 

13 appropriated for contributions towards payment of 

14 regular assessed dues to the United Nations for 

15 2008 and each subsequent year, if the funding 

16 mechanisms of one or more of the organizational 

17 programs of the United Nations specified in para18 graph (2) have not been shifted from the regular as19 sessed budget to voluntarily funded programs in ac20 cordance with subsection (a)(1), the Secretary shall 

21 ensure that such amounts in each such fiscal year 

22 that are specified for each such organizational pro23 gram pursuant to the resolution agreed to by the 

24 General Assembly for the regular assessed budget of 

25 the United Nations for the period of a current bien-
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1 nium are redirected from payment of the assessed 

2 amount for the regular assessed budget as follows: 

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

4 notification to Congress, the Secretary shall ex5 pend an amount, not to exceed 40 percent of 

6 the amount specified for each such organiza7 tional program pursuant to the resolution 

8 agreed to by the General Assembly for the reg9 ular assessed budget of the United Nations for 

10 the period of a current biennium, as a contribu11 tion to an eligible organizational program speci12 fied in paragraph (4). 

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

14 notification to Congress, the Secretary shall ex15 pend the remaining amounts under this para16 graph to voluntarily funded United Nations spe17 cialized agencies, funds, or programs. 

18 ‘‘(4) ELIGIBLE ORGANIZATIONAL PROGRAMS.— 

19 The eligible organizational programs referred to in 

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

21 paragraph are the following: 

22 ‘‘(A) Internal oversight. 

23 ‘‘(B) Human rights. 

24 ‘‘(C) Humanitarian assistance. 
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1 ‘‘(D) An organizational program specified 

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

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

4 ‘‘(5) EXPENDITURE OF REMAINING AMOUNTS

5 TO CERTAIN ORGANIZATION PROGRAMS.— 

6 ‘‘(A) VOLUNTARY CONTRIBUTION.—Sub7 ject to not less than 30 days prior notification 

8 to Congress and the limitation specified under 

9 subparagraph (B), the Secretary is authorized 

10 to make a voluntary contribution to an organi11 zational program of the United Nations speci12 fied in subparagraphs (A) through (P) of para13 graph (2) of any amounts not contributed in a 

14 fiscal year to an eligible organizational program 

15 specified in subparagraphs (A) through (C) of 

16 paragraph (4). 

17 ‘‘(B) 10 PERCENT LIMITATION.—A vol18 untary contribution under subparagraph (A) to 

19 an organizational program of the United Na20 tions specified in subparagraphs (A) through 

21 (P) of paragraph (2) may not exceed 10 percent 

22 of the total contribution made under paragraph 

23 (3)(A). 
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1 ‘‘(d) FURTHER CALCULATION WITH RESPECT TO

2 BUDGETS FOR PUBLIC INFORMATION AND GENERAL AS3 SEMBLY AFFAIRS AND CONFERENCE SERVICES.— 

4 ‘‘(1) 22 PERCENT LIMITATION.—The Secretary 

5 may not make a contribution to a regularly assessed 

6 biennial budget of the United Nations in an amount 

7 greater than 22 percent of the amount calculable 

8 under paragraph (2). 

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

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

11 by the United States to the United Nations 

12 each fiscal year, the percentage specified in 

13 paragraph (1) shall be multiplied by one-half of 

14 the amount of the regularly assessed budget of 

15 the United Nations for a current biennial pe16 riod, as agreed to by resolution of the General 

17 Assembly. 

18 ‘‘(B) CALCULATION WITH RESPECT TO

19 PUBLIC INFORMATION AND GENERAL ASSEMBLY

20 AFFAIRS AND CONFERENCE SERVICES.—With 

21 respect to such United States annual dues, the 

22 percentage specified in paragraph (1) shall be 

23 multiplied by one-half of the sum of amounts 

24 budgeted by resolution of the General Assembly 
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1 for the 2004–2005 biennial period for the fol2 lowing organizational programs: 

3 ‘‘(i) Public Information. 

4 ‘‘(ii) General Assembly affairs and 

5 conferences services. 

6 ‘‘(C) REDIRECTION OF FUNDS.— 

7 ‘‘(i) IN GENERAL.—The President 

8 shall direct the United States Permanent 

9 Representative to the United Nations to 

10 make every effort, including the with11 holding of United States support for a con12 sensus budget of the United Nations, to 

13 reduce the budgets of the organizational 

14 programs specified in subparagraph (B) 

15 for 2007 by ten percent against the budg16 ets of such organizational programs for the 

17 2004–2005 biennial period. If the budgets 

18 of such organizational programs are not so 

19 reduced, 20 percent the amount deter20 mined under subparagraph (B) for con21 tributions towards payment of regular as22 sessed dues for 2007 shall be redirected 

23 from payment for the amount assessed for 

24 United States annual contributions to the 
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1 regular assessed budget of the United Na2 tions. 

3 ‘‘(ii) SPECIFIC AMOUNTS.—The Sec4 retary shall make the amount determined 

5 under clause (i) available as a contribution 

6 to an eligible organizational program speci7 fied in subparagraphs (A) through (C) of 

8 paragraph (4) of subsection (c). 

9 ‘‘(3) POLICY WITH RESPECT TO 2008–2009 BIEN10 NIAL PERIOD AND SUBSEQUENT BIENNIAL PERI11 ODS.— 

12 ‘‘(A) IN GENERAL.—The President shall 

13 direct the United States Permanent Represent14 ative to the United Nations to make every ef15 fort, including the withholding of United States 

16 support for a consensus budget of the United 

17 Nations, to reduce the budgets of the organiza18 tional programs specified in subparagraph (B) 

19 of paragraph (2) for the 2008–2009 biennial 

20 period and each subsequent biennial period by 

21 20 percent against the budgets of such organi22 zational programs for the 2004–2005 biennial 

23 period. 

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

25 section 601, a certification shall be required 
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1 that certifies that the reduction in budgets de2 scribed in subparagraph (A) has been imple3 mented.’’. 

4 (d) EFFECTIVE DATE.—The amendment made by 

5 subsection (c) shall take effect and apply beginning on Oc6 tober 1, 2006. 

7 (e) LIMITATION ON UNITED STATES CONTRIBUTIONS

8 TO UNRWA.—The Secretary of State may not make a 

9 contribution to the United Nations Relief and Works 

10 Agency for Palestine Refugees in the Near East 

11 (UNRWA) in an amount greater than the highest con12 tribution to UNRWA made by an Arab country, but may 

13 not exceed 22 percent of the total budget of UNRWA. For 

14 purposes of this subsection, an Arab country includes the 

15 following: Algeria, Bahrain, Comoros, Dijibouti, Egypt, 

16 Iran, Jordan, Kuwait, Lebanon, Libya, Mauritania, Mo17 rocco, Oman, Qatar, Saudi Arabia, Somalia, Sudan, Syria, 

18 Tunisia, the United Arab Emirates, Iraq, and Yemen. 

19 (f) POLICY RELATING TO ZERO NOMINAL

20 GROWTH.—It shall be the policy of the United States to 

21 use the voice, vote, and influence of the United States at 

22 the United Nations to make every effort to enforce zero 

23 nominal growth in all assessed dues to the regular budget 

24 of the United Nations, its specialized agencies, and its 

25 funds and programs. 
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1 (g) 5.6 Rule.—It shall be the policy of the United 

2 States to use the voice, vote, and influence of the United 

3 States at the United Nations to actively enforce the 5.6 

4 rule at the United Nations, requiring the Secretariat to 

5 identify low-priority activities in the budget proposal. The 

6 United Nations should strengthen the 5.6 rule by requir7 ing that managers identify the lowest priority activities 

8 equivalent to 15 percent of their budget request or face 

9 an across the board reduction of such amount. 

10 (h) ANNUAL PUBLICATION.—It shall be the policy of 

11 the United States to use the voice, vote, and influence of 

12 the United States at the United Nations to ensure the 

13 United Nations is annually publishing a list of all sub14 sidiary bodies and their functions, budgets, and staff. 

15 (i) SCALE OF ASSESSMENTS.—The President shall 

16 direct the United States Permanent Representative to the 

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

18 United States at the United Nations to make every effort 

19 to ensure that the difference between the scale of assess20 ments for the five permanent members of the Security 

21 Council is not greater than five times that of any other 

22 permanent member of the Security Council. 

23 (j) DENIAL OF USE OF VETO.—If the Secretary of 

24 State determines that a permanent member of the Secu25 rity Council with veto power is not in compliance with the 
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1 requirement described in subsection (e), the President 

2 shall direct the United States Permanent Representative 

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

4 of the United States at the United Nations to make every 

5 effort to deny to such permanent member the use of the 

6 veto power of such permanent member until such time as 

7 such permanent member satisfies the requirement of such 

8 subsection. 

9 SEC. 102. WEIGHTED VOTING. 

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

11 pursue weighted voting with respect to all budgetary and 

12 financial matters in the Administrative and Budgetary 

13 Committee and in the General Assembly in accordance 

14 with the level of the financial contribution of a Member 

15 State to the regular assessed budget of the United Na16 tions. 

17 SEC. 103. BUDGET CERTIFICATION REQUIREMENTS. 

18 (a) CERTIFICATION.—In accordance with section 

19 601, a certification shall be required that certifies that the 

20 conditions described in subsection (b) have been satisfied. 

21 (b) CONDITIONS.—The conditions under this sub22 section are the following: 

23 (1) NEW BUDGET PRACTICES FOR THE UNITED

24 NATIONS.—The United Nations is implementing 

25 budget practices that— 
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1 (A) require the maintenance of a budget 

2 not in excess of the level agreed to by the Gen3 eral Assembly at the beginning of each United 

4 Nations budgetary biennium, unless increases 

5 are agreed to by consensus and do not exceed 

6 ten percent; and 

7 (B) require the identification of expendi8 tures by the United Nations by functional cat9 egories such as personnel, travel, and equip10 ment. 

11 (2) PROGRAM EVALUATION.— 

12 (A) EXISTING AUTHORITY.—The Secretary 

13 General and the Director General of each spe14 cialized agency have used their existing authori15 ties to require program managers within the 

16 United Nations Secretariat and the Secretariats 

17 of the specialized agencies to conduct evalua18 tions in accordance with the standardized meth19 odology referred to in subparagraph (B) of— 

20 (i) United Nations programs approved 

21 by the General Assembly; and 

22 (ii) programs of the specialized agen23 cies. 

24 (B) DEVELOPMENT OF EVALUATION CRI25 TERIA.— 
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1 (i) UNITED NATIONS.—The Office of 

2 Internal Oversight Services has developed 

3 a standardized methodology for the evalua4 tion of United Nations programs approved 

5 by the General Assembly, including specific 

6 criteria for determining the continuing rel7 evance and effectiveness of the programs. 

8 (ii) SPECIALIZED AGENCIES.—Pat9 terned on the work of the Office of Inter10 nal Oversight Services of the United Na11 tions, each specialized agency has devel12 oped a standardized methodology for the 

13 evaluation of the programs of the agency, 

14 including specific criteria for determining 

15 the continuing relevance and effectiveness 

16 of the programs. 

17 (C) REPORT.—The Secretary General is 

18 assessing budget requests and, on the basis of 

19 evaluations conducted under subparagraph (B) 

20 for the relevant preceding year, submits to the 

21 General Assembly a report containing the re22 sults of such evaluations, identifying programs 

23 that have satisfied the criteria for continuing 

24 relevance and effectiveness, and an identifica-
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1 tion of programs that have not satisfied such 

2 criteria and should be terminated. 

3 (D) SUNSET OF PROGRAMS.—Consistent 

4 with the July 16, 1997, recommendations of the 

5 Secretary General regarding a sunset policy and 

6 results-based budgeting for United Nations pro7 grams, the United Nations and each specialized 

8 agency has established and is implementing 

9 procedures to require all new programs ap10 proved by the General Assembly to have a spe11 cific sunset date. 

12 SEC. 104. ACCOUNTABILITY. 

13 (a) CERTIFICATION OF CREATION OF INDEPENDENT

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

15 certification shall be required that certifies that the fol16 lowing reforms related to the establishment of an Inde17 pendent Oversight Board (IOB) have been adopted by the 

18 United Nations: 

19 (1) An IOB is established from existing United 

20 Nations budgetary and personnel resources. Except 

21 as provided in this subsection, the IOB shall be an 

22 independent entity within the United Nations and 

23 shall not be subject to budget authority or organiza24 tional authority of any entity within the United Na25 tions. 
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1 (2) The head of the IOB shall be a Director, 

2 who shall be nominated by the Secretary General 

3 and who shall be subject to Security Council ap4 proval by a majority vote. The IOB shall also consist 

5 of four other board members who shall be nominated 

6 by the Secretary General and subject to Security 

7 Council approval by a majority vote. The IOB shall 

8 be responsible to the Security Council and the Direc9 tor and board members shall each serve terms of 6 

10 years, except that the terms of the initial board shall 

11 be staggered so that no more than two board mem12 bers’ terms will expire in any one year. No board 

13 member may serve more than two terms. An IOB 

14 board member may be removed for cause by a ma15 jority vote of the Security Council. The Director 

16 shall appoint a professional staff headed by a Chief 

17 of Staff and may employ contract staff as needed. 

18 (3) The IOB shall receive operational and budg19 etary funding through appropriations by the General 

20 Assembly from existing levels of United Nations 

21 budgetary and personnel resources, and shall not be 

22 dependent upon any other entity, bureau, division, 

23 department, or specialized agency of the United Na24 tions for such funding. 
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1 (4) While the IOB shall have the authority to 

2 evaluate all operations of the United Nations, the 

3 primary mission of the IOB is to oversee the Office 

4 of Internal Oversight Services and the Board of Ex5 ternal Auditors. The IOB may direct the Office of 

6 Internal Oversight Services or the Board of External 

7 Auditors to initiate, abandon, or modify the scope of 

8 an investigation. Every three months or more fre9 quently when appropriate, the IOB shall submit, as 

10 appropriate, to the Secretary General, the Security 

11 Council, the General Assembly, or the Economic and 

12 Social Council a report on its activities, relevant ob13 servations, and recommendations relating to its 

14 audit operations, including information relating to 

15 the inventory and status of investigations by the Of16 fice of Internal Oversight Services. 

17 (5) In extraordinary circumstances and with the 

18 concurrence of the Secretary General or the Security 

19 Council by majority vote, the IOB may augment the 

20 Office of Internal Oversight Services with a special 

21 investigator and staff consisting of individuals who 

22 are not employees of the United Nations, to inves23 tigate matters involving senior officials of the United 

24 Nations or of its specialized agencies when allega25 tions of serious misconduct have been made and 
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1 such a special investigation is necessary to maintain 

2 public confidence in the integrity of the investiga3 tion. A special investigator and staff shall comply 

4 with all United Nations financial disclosure and con5 flict of interest rules, including the filing of an indi6 vidual Annual Financial Disclosure Form in accord7 ance with subsection (c). 

8 (6) The IOB shall recommend annual budgets 

9 for the Office of Internal Oversight Services and the 

10 Board of External Auditors. 

11 (7)(A) The IOB shall review the Final Report 

12 of the Independent Inquiry Committee (IIC) into the 

13 United Nations Oil for Food Program (OFF). The 

14 IOB’s review should focus on the adequacy of the 

15 IIC’s Final Report or any subsequent reports of the 

16 IIC or of any possible successor to the IIC. The 

17 IOB’s review of the IIC’s Final Report should ad18 dress the Final Report’s treatment of and adequacy 

19 in the following areas— 

20 (i) OFF’s operations from inception 

21 through the transfer of power from the Coali22 tion Provisional Authority to the interim Iraqi 

23 government; 

24 (ii) claims of oil smuggling, illegal sur25 charges on oil and commissions on commodity 
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1 contracts, illegal kick-backs, use of oil alloca2 tions to influence foreign government officials 

3 and international people of influence, and use of 

4 funds for military purposes; 

5 (iii) the involvement, directly or indirectly, 

6 of any entity, bureau, division, department, spe7 cialized agency, or employee (including the Sec8 retary General) of the United Nations, includ9 ing any employee of the specialized agencies of 

10 the United Nations or any employee or officer 

11 of the Secretariat; 

12 (iv) the IIC’s findings, discovery and use of 

13 evidence, and investigation practices; and 

14 (v) the extent of cooperation by the United 

15 Nations with requests by Congress for testi16 mony, interviews, documents, correspondence, 

17 reports, memoranda, books, papers, accounts, 

18 or records related to the Oil for Food Program. 

19 (B) Subsequent to the IOB’s review, the IOB 

20 shall determine in a written report whether the IIC 

21 investigation is incomplete or inadequate in any re22 spects and whether any additional investigation is 

23 justified. If the IOB determines that additional in24 vestigation is warranted, it shall appoint, in accord25 ance with paragraph (5), a special investigator and 
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1 staff consisting of individuals who are not employees 

2 of the United Nations and to identify specific areas 

3 within the OFF to investigate. 

4 (b) CERTIFICATION OF UNITED NATIONS REFORMS

5 OF THE OFFICE OF INTERNAL OVERSIGHT SERVICES.— 

6 In accordance with section 601, a certification shall be re7 quired that certifies that the following reforms related to 

8 the Office of Internal Oversight Services (OIOS) have 

9 been adopted by the United Nations: 

10 (1) The OIOS is designated as an independent 

11 entity within the United Nations. The OIOS shall 

12 not be subject to budget authority or organizational 

13 authority of any entity within the United Nations 

14 except as provided in this section. 

15 (2) The regular assessed budget of the United 

16 Nations shall fully fund the Internal Oversight 

17 Budget from existing levels of United Nations budg18 etary and personnel resources and shall not be de19 pendent upon any other entity, bureau, division, de20 partment, or specialized agency of the United Na21 tions for such funding. 

22 (3) All United Nations officials, including offi23 cials from any entity, bureau, division, department, 

24 or specialized agency of the United Nations, may— 
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1 (A) make a recommendation to the OIOS 

2 to initiate an investigation of any aspect of the 

3 United Nations; or 

4 (B) report to the OIOS information or al5 legations of misconduct or inefficiencies within 

6 the United Nations. 

7 (4) The OIOS may, sua sponte, initiate and 

8 conduct an investigation or audit of any entity, bu9 reau, division, department, specialized agency, em10 ployee (including the Secretary General) of the 

11 United Nations, including any employee of the spe12 cialized agencies of the United Nations, or con13 tractor or consultant for the United Nations or its 

14 specialized agencies. 

15 (5) At least every three months and more fre16 quently when appropriate, the OIOS shall submit to 

17 the IOB a report containing an inventory and status 

18 of its investigations. 

19 (6) The OIOS shall establish procedures for 

20 providing ‘‘whistle-blower’’ status and employment 

21 protections for all employees of the United Nations, 

22 including employees of the specialized agencies of 

23 the United Nations, who provide informational leads 

24 and testimony related to allegations of wrongdoing. 

25 Such procedures shall be adopted throughout the 
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1 United Nations. Such status and protection may not 

2 be conferred on the Secretary General. 

3 (7) The OIOS shall annually publish a public 

4 report determining the proper number, distribution, 

5 and expertise of auditors within the OIOS necessary 

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

7 including assessing the staffing requirements needed 

8 to audit United Nations contracting activities 

9 throughout the contract cycle from the bid process 

10 to contract performance. 

11 (8) Not later than 6 months after the date of 

12 the enactment of this Act, the Director shall estab13 lish a position of Associate Director of OIOS for 

14 Specialized Agencies and Funds and Programs who 

15 shall be responsible for supervising the OIOS liaison 

16 or oversight duties for each of the specialized agen17 cies and funds and programs of the United Nations. 

18 With the concurrence of the Director, the Associate 

19 Director of OIOS for Specialized Agencies and 

20 Funds and Programs may, from existing levels of 

21 United Nations budgetary and personnel resources, 

22 hire and appoint necessary OIOS staff, including 

23 staff serving within and located at specialized agen24 cies and funds and programs permanently or as 
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1 needed to liaison with existing audit functions within 

2 each specialized agency and fund and program. 

3 (9) Not later than 6 months after the date of 

4 the enactment of this Act, the Director shall estab5 lish a position of Associate Director of OIOS for 

6 Peacekeeping Operations, who shall be responsible 

7 for the oversight and auditing of the field offices at8 tached to United Nations peacekeeping operations. 

9 The Associate Director of OIOS for Peacekeeping 

10 Operations shall receive informational leads and tes11 timony from any person regarding allegations of 

12 wrongdoing by United Nations officials or peace13 keeping troops or regarding inefficiencies associated 

14 with United Nations peacekeeping operations. The 

15 Associate Director of OIOS for Peacekeeping Oper16 ations shall be responsible for initiating, conducting, 

17 and overseeing investigations within peacekeeping 

18 operations. 

19 (10) Not later than 6 months after the date of 

20 the enactment of this Act, the Director shall estab21 lish a position of Associate Director of OIOS for 

22 Procurement and Contract Integrity, who shall be 

23 responsible for auditing and inspecting procurement 

24 and contracting win the United Nations, including 

25 within the specialized agencies. The Associate Direc-
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1 tor of OIOS for Procurement and Contract Integrity 

2 shall receive informational leads and testimony from 

3 any person regarding allegations of wrongdoing by 

4 United Nations officials or regarding inefficiencies 

5 associated with United Nations procurement or con6 tracting activities. The Associate Director of OIOS 

7 for Procurement and Contract Integrity shall be re8 sponsible for initiating, conducting, and overseeing 

9 investigations of procurement and contract activities. 

10 Not later than 12 months after the establishment of 

11 the position of Associate Director of OIOS for Pro12 curement and Contract Integrity, the Director, with 

13 the assistance of the Associate Director of OIOS for 

14 Procurement and Contract Integrity, shall undertake 

15 a review of contract procedures to ensure that prac16 tices and policies are in place to ensure that— 

17 (A) the United Nations has ceased issuing 

18 single bid contracts except for such contracts 

19 issued during an emergency situation that is 

20 justified by the Under Secretary General for 

21 Management; 

22 (B) the United Nations has established ef23 fective controls to prevent conflicts of interest 

24 in the award of contracts; and 
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1 (C) the United Nations has established ef2 fective procedures and policies to ensure effec3 tive and comprehensive oversight and moni4 toring of United Nations contract performance. 

5 (c) CERTIFICATION OF ESTABLISHMENT OF UNITED

6 NATIONS OFFICE OF ETHICS.—In accordance with sec7 tion 601, a certification shall be required that certifies 

8 that the following reforms related to the establishment of 

9 a United Nations Office of Ethics have been adopted by 

10 the United Nations: 

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

12 is established. The UNOE shall be an independent 

13 entity within the United Nations and shall not be 

14 subject to budget authority or organizational author15 ity of any entity within the United Nations. The 

16 UNEO shall be responsible for establishing, man17 aging, and enforcing a code of ethics for all employ18 ees of United Nations and its specialized agencies. 

19 The UNEO shall also be responsible for providing 

20 such employees with annual training related to such 

21 code. The head of the UNEO shall be a Director 

22 who shall be nominated by the Secretary General 

23 and who shall be subject to Security Council ap24 proval by majority vote. The UNOE shall promul25 gate ethics rules, including the following: 
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1 (A) No employee of any United Nations 

2 entity, bureau, division, department, or special3 ized agency may be compensated while partici4 pating in the domestic politics of the country of 

5 such employee, except for voting or acting as 

6 part of a Security Council, General Assembly, 

7 or legitimately authorized United Nations mis8 sion or assignment. 

9 (B) No United Nations entity, bureau, di10 vision, department, or specialized agency may 

11 hire an individual convicted in a generally rec12 ognized court of a democratically-elected gov13 ernment with an independent judiciary and an 

14 extradition treaty with the United States and 

15 the European Union for any crime or crimes in16 volving financial misfeasance, malfeasance, 

17 fraud, or perjury. 

18 (C) The employment of an employee of any 

19 United Nations entity, bureau, division, depart20 ment, or specialized agency who is convicted in 

21 a generally recognized court of a democrat22 ically-elected government with an independent 

23 judiciary and an extradition treaty with the 

24 United States and the European Union of any 

25 crime or crimes involving financial misfeasance, 
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1 malfeasance, fraud, or perjury shall be subject 

2 to termination. 

3 (D) If an employee of any United Nations 

4 entity, bureau, division, department, or special5 ized agency has contact regarding the disposi6 tion of ongoing internal United Nations oper7 ations or decisions with an individual who is not 

8 an employee or official of the government of a 

9 Member State (or a similarly situated indi10 vidual), with an individual who is not officially 

11 employed by any United Nations entity, bureau, 

12 division, department, or specialized agency, or 

13 with an individual who is not a working mem14 ber of the media, a memorandum of such con15 tact shall be prepared by such employee and, 

16 upon request, be made available to Member 

17 States. 

18 (2) The UNEO shall receive operational and 

19 budgetary funding through appropriations by the 

20 General Assembly from existing levels of United Na21 tions budgetary and personnel resources and shall 

22 not be dependent upon any other entity, bureau, di23 vision, department, or specialized agency of the 

24 United Nations for such funding. 
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1 (3) The Director of the UNEO shall, not later 

2 than 6 months after the date of its establishment, 

3 publish a report containing proposals for imple4 menting a system for the filing and review of indi5 vidual Annual Financial Disclosure Forms by each 

6 employee of the United Nations, including by each 

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

8 and above and by all contractors and consultants 

9 compensated at any salary level. Such system shall 

10 be in place and operational not later than 6 months 

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

12 completed forms shall be made available to the Of13 fice of Internal Oversight Services at the request of 

14 the Director of the Office of Internal Oversight 

15 Services. Such system shall seek to identify and pre16 vent conflicts of interest by United Nations employ17 ees and shall be comparable to the system used for 

18 such purposes by the United States Government. 

19 Such report shall also address broader reforms of 

20 the ethics program for the United Nations, includ21 ing— 

22 (A) the effect of the establishment of eth23 ics officers throughout all organizations within 

24 the United Nations; 
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1 (B) the effect of retention by the UNEO of 

2 Annual Financial Disclosure Forms; 

3 (C) proposals for making completed An4 nual Financial Disclosure Forms available to 

5 the public on request through their Member 

6 State’s mission to the United Nations; 

7 (D) proposals for annual disclosure to the 

8 public of information related to the annual sala9 ries and payments, including pension payments 

10 and buyouts, of employees of the United Na11 tions, including employees of its specialized 

12 agencies, and of consultants; 

13 (E) proposals for annual disclosure to the 

14 public of information related to per diem rates 

15 for all bureaus, divisions, departments, or spe16 cialized agencies within the United Nations; 

17 (F) proposals for disclosure upon request 

18 by the Ambassador of a Member State of infor19 mation related to travel and per diem payments 

20 made from United Nations funds to any person; 

21 and 

22 (G) proposals for annual disclosure to the 

23 public of information related to travel and per 

24 diem rates and payments made from United 

25 Nations funds to any person. 
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1 (d) CERTIFICATION OF UNITED NATIONS ESTAB2 LISHMENT OF POSITION OF CHIEF OPERATING OFFI3 CER.—In accordance with section 601, a certification shall 

4 be required that certifies that the following reforms re5 lated to the establishment of the position of a Chief Oper6 ating Officer have been adopted by the United Nations: 

7 (1) There is established the position of Chief 

8 Operating Officer (COO). The COO shall report to 

9 the Secretary General. 

10 (2) The COO shall be responsible for formu11 lating general policies and programs for the United 

12 Nations in coordination with the Secretary General 

13 and in consultation with the Security Council and 

14 the General Assembly. The COO shall be responsible 

15 for the daily administration, operation and super16 vision, and the direction and control of the business 

17 of the United Nations. The Chief Operating Officer 

18 shall also perform such other duties and may exer19 cise such other powers as from time to time may be 

20 assigned to the COO by the Secretary General. 

21 (e) CERTIFICATION OF ACCESS BY MEMBER STATES

22 TO REPORTS AND AUDITS BY BOARD OF EXTERNAL

23 AUDITORS.—In accordance with section 601, a certifi24 cation shall be required that certifies that Member States 
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1 may, upon request, have access to all reports and audits 

2 completed by the Board of External Auditors. 

3 (f) WAIVER OF IMMUNITY.—The President shall di4 rect the United States Permanent Representative to the 

5 United Nations to use the voice, vote, and influence of the 

6 United States at the United Nations to ensure that the 

7 Secretary General exercises the right and duty of the Sec8 retary General under section 20 of the Convention on the 

9 Privileges and Immunities of the United Nations to waive 

10 the immunity of any United Nations official in any case 

11 in which such immunity would impede the course of jus12 tice. In exercising such waiver, the Secretary General is 

13 urged to interpret the interests of the United Nations as 

14 favoring the investigation or prosecution of a United Na15 tions official who is credibly under investigation for having 

16 committed a serious criminal offense or who is credibly 

17 charged with a serious criminal offense. 

18 (g) CERTIFICATION OF UNITED NATIONS COOPERA19 TION RELATING TO OIL-FOR-FOOD PROGRAM.— 

20 (1) ACTIONS.—In accordance with section 601, 

21 a certification shall be required that certifies that 

22 the following actions relating to the oil-for-food pro23 gram have been taken by the United Nations: 

24 (A) The United Nations Secretary General 

25 has authorized the release to a law enforcement 
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1 authority of any Member State (upon request 

2 by the permanent representative to the United 

3 Nations of such Member State on behalf of 

4 such law enforcement authority) or to a na5 tional legislative authority authentic copies of 

6 any document in the possession of the United 

7 Nations, including any document in the posses8 sion of a person who was engaged on a contract 

9 basis to provide goods or services to the United 

10 Nations, that in the judgment of such request11 ing law enforcement authority or national legis12 lative authority directly or indirectly concerns 

13 the oil-for-food program or a sanction imposed 

14 on Iraq related to the oil-for-food program. 

15 (B) The United Nations has waived any 

16 immunity enjoyed by any United Nations offi17 cial from the judicial process in the United 

18 States for any civil or criminal acts or omis19 sions under Federal or State law that may have 

20 transpired within the jurisdiction of the United 

21 States in connection with the oil-for-food pro22 gram. 

23 (2) DEFINITION.—As used in this subsection, 

24 the term ‘‘oil-for-food program’’ means the program 

25 established and administered pursuant to United 
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1 Nations Security Council Resolution 986 (April 14, 

2 1995) and subsequent United Nations resolutions to 

3 permit the sale of petroleum products exported from 

4 Iraq and to use the revenue generated from such 

5 sale for humanitarian assistance. 

6 SEC. 105. TERRORISM AND THE UNITED NATIONS. 

7 The President shall direct the United States Perma8 nent Representative to the United Nations to use the 

9 voice, vote, and influence of the United States at the 

10 United Nations to work toward adoption by the General 

11 Assembly of— 

12 (1) a definition of terrorism that builds upon 

13 the recommendations of the Secretary General’s 

14 High-Level Panel on Threats, Challenges, and 

15 Change, and includes as an essential component of 

16 such definition any action that is intended to cause 

17 death or serious bodily harm to civilians with the 

18 purpose of intimidating a population or compelling a 

19 government or an international organization to do, 

20 or abstain from doing, any act; and 

21 (2) a comprehensive convention on terrorism 

22 that includes the definition described in paragraph 

23 (1). 
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1 SEC. 106. UNITED NATIONS TREATY BODIES. 

2 The United States shall withhold from United States 

3 contributions to the regular assessed budget of the United 

4 Nations for a biennial period amounts that are propor5 tional to the percentage of such budget that are expended 

6 with respect to a United Nations human rights treaty 

7 monitoring body or committee that was established by— 

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

9 international covenant (without any protocols) to 

10 which the United States is not party; or 

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

12 the United States is a party to neither. 

13 SEC. 107. EQUALITY AT THE UNITED NATIONS. 

14 (a) INCLUSION OF ISRAEL IN WEOG.— 

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 to expand the Western Euro19 pean and Others Group (WEOG) in the United Na20 tions to include Israel as a permanent member with 

21 full rights and privileges. 

22 (2) NOTIFICATION TO CONGRESS.—Not later 

23 than 6 months after the date of the enactment of 

24 this Act and every 6 months thereafter for the next 

25 2 years, the Secretary of State shall notify the ap26 propriate congressional committees concerning the 
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1 treatment of Israel in the United Nations and the 

2 expansion of WEOG to include Israel as a perma3 nent member. 

4 (b) DEPARTMENT OF STATE REVIEW AND RE5 PORT.— 

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

7 and funding with respect to Palestinian interests 

8 and to ensure balance in the approach to Israeli– 

9 Palestinian issues, the Secretary shall, not later than 

10 60 days after the date of the enactment of this 

11 Act— 

12 (A) conduct an audit of the functions of 

13 the entities listed in paragraph (2); and 

14 (B) submit to the appropriate congres15 sional committees a report containing rec16 ommendations for the elimination of such dupli17 cative entities and efforts. 

18 (2) ENTITIES.—The entities referred to in 

19 paragraph (1) are the following: 

20 (A) The United Nations Division for Pales21 tinian Rights. 

22 (B) The Committee on the Exercise of the 

23 Inalienable Rights of the Palestinian People. 

24 (C) The United Nations Special Coordi25 nator for the Middle East Peace Process and 
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1 Personal Representative to the Palestine Lib2 eration Organization and the Palestinian Au3 thority. 

4 (D) The NGO Network on the Question of 

5 Palestine. 

6 (E) The Special Committee to Investigate 

7 Israeli Practices Affecting the Human Rights of 

8 the Palestinian People and Other Arabs of the 

9 Occupied Territories. 

10 (F) Any other entity the Secretary deter11 mines results in duplicative efforts or funding 

12 or fails to ensure balance in the approach to 

13 Israeli-Palestinian issues. 

14 (c) IMPLEMENTATION BY PERMANENT REPRESENTA15 TIVE.— 

16 (1) IN GENERAL.—The President shall direct 

17 the United States Permanent Representative to the 

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

19 of the United States at the United Nations to seek 

20 the implementation of the recommendations con21 tained in the report required under subsection 

22 (b)(1). 

23 (2) WITHHOLDING OF FUNDS.—Until such rec24 ommendations have been implemented, the United 

25 States shall withhold from United States contribu-
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1 tions to the regular assessed budget of the United 

2 Nations for a biennial period amounts that are pro3 portional to the percentage of such budget that are 

4 expended for such entities. 

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

6 United States of the Government Accountability Office 

7 shall conduct an audit of— 

8 (1) the status of the implementation of the rec9 ommendations contained in the report required 

10 under subsection (b)(1); and 

11 (2) United States actions and achievements 

12 under subsection (c). 

13 SEC. 108. REPORT ON UNITED NATIONS REFORM. 

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

15 date of the enactment of this Act, and 1 year thereafter, 

16 the Secretary shall submit to the appropriate congres17 sional committees a report on United Nations reform since 

18 1990. 

19 (b) CONTENTS.—The report required under para20 graph (1) shall describe— 

21 (1) the status of the implementation of manage22 ment reforms within the United Nations and its spe23 cialized agencies; 
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1 (2) the number of outputs, reports, or other 

2 items generated by General Assembly resolutions 

3 that have been eliminated; 

4 (3) the progress of the General Assembly to 

5 modernize and streamline the committee structure 

6 and its specific recommendations on oversight and 

7 committee outputs, consistent with the March 2005 

8 report of the Secretary General entitled ‘‘In larger 

9 freedom: towards development, security and human 

10 rights for all’’; 

11 (4) the status of the review by the General As12 sembly of all mandates older than 5 years and how 

13 resources have been redirected to new challenges, 

14 consistent with such March 2005 report of the Sec15 retary General; 

16 (5) the continued utility and relevance of the 

17 Economic and Financial Committee and the Social, 

18 Humanitarian, and Cultural Committee, in light of 

19 the duplicative agendas of those committees and the 

20 Economic and Social Council; and 

21 (6) whether the United Nations or any of its 

22 specialized agencies has contracted with any party 

23 included on the Lists of Parties Excluded from Fed24 eral Procurement and Nonprocurement Programs. 
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1 SEC. 109. REPORT ON UNITED NATIONS PERSONNEL. 

2 (a) IN GENERAL.—Not later than 1 year after the 

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

4 shall submit to the appropriate congressional committees 

5 a report— 

6 (1) concerning the progress of the General As7 sembly to modernize human resource practices, con8 sistent with the March 2005 report of the Secretary 

9 General entitled ‘‘In larger freedom: towards devel10 opment, security and human rights for all’’; and 

11 (2) containing the information described in sub12 section (b). 

13 (b) CONTENTS.—The report shall include— 

14 (1) a comprehensive evaluation of human re15 sources reforms at the United Nations, including an 

16 evaluation of— 

17 (A) tenure; 

18 (B) performance reviews; 

19 (C) the promotion system; 

20 (D) a merit-based hiring system and en21 hanced regulations concerning termination of 

22 employment of employees; and 

23 (E) the implementation of a code of con24 duct and ethics training; 

25 (2) the implementation of a system of proce26 dures for filing complaints and protective measures 
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1 for work-place harassment, including sexual harass2 ment; 

3 (3) policy recommendations relating to the es4 tablishment of a rotation requirement for non5 administrative positions; 

6 (4) policy recommendations relating to the es7 tablishment of a prohibition preventing personnel 

8 and officials assigned to the mission of a Member 

9 State to the United Nations from transferring to a 

10 position within the United Nations Secretariat that 

11 is compensated at the P–5 level and above; 

12 (5) policy recommendations relating to a reduc13 tion in travel allowances and attendant oversight 

14 with respect to accommodations and airline flights; 

15 and 

16 (6) an evaluation of the recommendations of the 

17 Secretary General relating to greater flexibility for 

18 the Secretary General in staffing decisions to accom19 modate changing priorities. 

20 SEC. 110. REPORT ON UNITED STATES CONTRIBUTIONS TO 

21 THE UNITED NATIONS. 

22 Not later than 12 months after the date of the enact23 ment of this Act, the Director of the Office of Manage24 ment and Budget shall submit to the Committee on Inter25 national Relations of the House of Representatives, the 
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1 Committee on Foreign Relations of the Senate, the Com2 mittee on Appropriations of the House of Representatives, 

3 and the Committee on Appropriations of the Senate a re4 port on United States contributions to the United Nations. 

5 Such report shall examine assessed, voluntary, in-kind, 

6 and all other United States contributions. 

7 SEC. 111. UNITED NATIONS SECURITY COUNCIL AND LEB8 ANON. 

9 (a) RESOLUTION 1559.—The President shall direct 

10 the United States Permanent Representative to the 

11 United Nations to use the voice, vote, and influence of the 

12 United States at the United Nations to make every effort 

13 to ensure that the Security Council is undertaking the nec14 essary steps to secure the implementation of Security 

15 Council Resolution 1559, including— 

16 (1) deploying United Nations inspectors to 

17 verify and certify to the Security Council that— 

18 (A) all foreign forces, including intel19 ligence, security, and policing forces, have been 

20 withdrawn from Lebanon; and 

21 (B) all militias in Lebanon have been per22 manently disarmed and dismantled and their 

23 weapons have been decommissioned; and 
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1 (2) continuing the presence of United Nations 

2 elections monitoring teams in Lebanon to verify and 

3 certify to the Security Council that— 

4 (A) citizens of Lebanon are not being tar5 geted for assassination by foreign forces, in 

6 particular by foreign forces of Syria, or by their 

7 proxies, as a means of intimidation and coer8 cion in an effort to manipulate the political 

9 process in Lebanon; 

10 (B) elections in Lebanon are being con11 ducted in a fair and transparent manner and 

12 are free of foreign interference; and 

13 (C) that such foreign forces, or their prox14 ies, are not seeking to infringe upon the terri15 torial integrity or political sovereignty of Leb16 anon. 

17 (b) UNITED STATES ACTION.—If the steps described 

18 in paragraphs (1) and (2) of subsection (a) have not been 

19 verified and certified to the Security Council by July 31, 

20 2005, or by the date that is not later than 30 days after 

21 the date of the enactment of this Act, whichever is sooner, 

22 the President shall direct the United States Permanent 

23 Representative to the United Nations to use the voice, 

24 vote, and influence of the United States at the United Na25 tions to secure the adoption of a resolution in the Security 
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1 Council imposing punitive measures on the governments 

2 of countries whose forces remain in Lebanon in violation 

3 of Security Council Resolution 1559 and who directly, or 

4 through proxies, are infringing upon the territorial integ5 rity or political sovereignty of Lebanon. 

6 SEC. 112. POLICY WITH RESPECT TO EXPANSION OF THE 

7 SECURITY COUNCIL. 

8 It shall be the policy of the United States to use the 

9 voice, vote, and influence of the United States at the 

10 United Nations to oppose any proposals on expansion of 

11 the Security Council if such expansion would— 

12 (1) diminish the influence of the United States 

13 on the Security Council; 

14 (2) include veto rights for any new members of 

15 the Security Council; or 

16 (3) undermine the effectiveness of the Security 

17 Council. 

18 SEC. 113. GENOCIDE AND THE UNITED NATIONS. 

19 (a) UNITED STATES ACTION.—The President shall 

20 direct the United States Permanent Representative to the 

21 United Nations to use the voice, vote, and influence of the 

22 United States at the United Nations to make every effort 

23 to ensure the formal adoption and implementation of 

24 mechanisms to— 
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1 (1) suspend the membership of a Member State 

2 if it is determined that the government of such 

3 Member State is engaged in or complicit in, either 

4 by commission or omission, acts of genocide, ethnic 

5 cleansing, or crimes against humanity; 

6 (2) impose an arms and trade embargo and 

7 travel restrictions on, and freeze the assets of, all 

8 groups and individuals responsible for committing or 

9 allowing such acts of genocide, ethnic cleansing, or 

10 crimes against humanity to occur; 

11 (3) deploy a United Nations peacekeeping oper12 ation or authorize and support the deployment of a 

13 peacekeeping operation from an international or re14 gional organization to the Member State with a 

15 mandate to stop such acts of genocide, ethnic cleans16 ing, or crimes against humanity; 

17 (4) deploy monitors from the United Nations 

18 High Commissioner for Refugees to the area in the 

19 Member State where such acts of genocide, ethnic 

20 cleansing, or crimes against humanity are occurring; 

21 and 

22 (5) authorize the establishment of an inter23 national commission of inquiry into such acts of 

24 genocide, ethnic cleansing, or crimes against human25 ity. 
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1 (b) CERTIFICATION.—In accordance with section 

2 601, a certification shall be required that certifies that the 

3 mechanisms described in subsection (a) have been adopted 

4 and implemented. 

5 SEC. 114. ANTI-SEMITISM AND THE UNITED NATIONS. 

6 (a) IN GENERAL.—The President shall direct the 

7 United States Permanent Representative to the United 

8 Nations to use the voice, vote, and influence of the United 

9 States at the United Nations to make every effort to— 

10 (1) ensure the issuance and implementation of 

11 a directive by the Secretary General or the Secre12 tariat, as appropriate, that— 

13 (A) requires all employees of the United 

14 Nations and its specialized agencies to officially 

15 and publicly condemn anti-Semitic statements 

16 made at any session of the United Nations or 

17 its specialized agencies, or at any other session 

18 sponsored by the United Nations; 

19 (B) requires employees of the United Na20 tions and its specialized agencies to be subject 

21 to punitive action, including immediate dis22 missal, for making anti-Semitic statements or 

23 references; 

24 (C) proposes specific recommendations to 

25 the General Assembly for the establishment of 
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1 mechanisms to hold accountable employees and 

2 officials of the United Nations and its special3 ized agencies, or Member States, that make 

4 such anti-Semitic statements or references in 

5 any forum of the United Nations or of its spe6 cialized agencies; and 

7 (D) develops and implements education 

8 awareness programs about the Holocaust and 

9 anti-Semitism throughout the world, as part of 

10 an effort to combat intolerance and hatred; 

11 (2) work to secure the adoption of a resolution 

12 by the General Assembly that establishes the mecha13 nisms described in paragraph (1)(C); and 

14 (3) continue working toward further reduction 

15 of anti-Semitic language and anti-Israel resolutions 

16 in the United Nations and its specialized agencies. 

17 (b) CERTIFICATION.—In accordance with section 

18 601, a certification shall be required that certifies that the 

19 requirements described in subsection (a) have been satis20 fied. 
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1 TITLE II—HUMAN RIGHTS AND 

2 THE ECONOMIC AND SOCIAL 

3 COUNCIL (ECOSOC) 

4 SEC. 201. HUMAN RIGHTS. 

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

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

7 at the United Nations to ensure that a credible and re8 spectable Human Rights Council or other human rights 

9 body is established within the United Nations whose par10 ticipating Member States uphold the values embodied in 

11 the Universal Declaration of Human Rights. 

12 (b) HUMAN RIGHTS REFORMS AT THE UNITED NA13 TIONS.—The President shall direct the United States Per14 manent Representative to the United Nations to ensure 

15 that the following human rights reforms have been adopt16 ed by the United Nations: 

17 (1) A Member State that fails to uphold the 

18 values embodied in the Universal Declaration of 

19 Human Rights shall be ineligible for membership on 

20 any United Nations human rights body. 

21 (2) A Member State shall be ineligible for mem22 bership on any United Nations human rights body 

23 if such Member State is— 

24 (A) subject to sanctions by the Security 

25 Council; or 
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1 (B) under a Security Council-mandated in2 vestigation for human rights abuses. 

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

4 an adopted country specific resolution, in the prin5 cipal body in the United Nations for the promotion 

6 and protection of human rights, relating to human 

7 rights abuses perpetrated by the government of such 

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

9 such an adopted country specific resolution in such 

10 principal body within the previous 3 years, shall be 

11 ineligible for membership on any United Nations 

12 human rights body. For purposes of this subsection, 

13 an adopted country specific resolution shall not in14 clude consensus resolutions on advisory services. 

15 (4) A Member State that violates the principles 

16 of a United Nations human rights body to which it 

17 aspires to join shall be ineligible for membership on 

18 such body. 

19 (5) No human rights body has a standing agen20 da item that relates only to one country or region. 

21 (6) The practice of considering in the principal 

22 body in the United Nations for the promotion and 

23 protection of human rights country specific resolu24 tions relating to human rights abuses perpetrated by 
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1 the government of a Member State within such 

2 Member State shall not be eliminated. 

3 (c) CERTIFICATION.—In accordance with section 

4 601, 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 

9 shall work to prevent abuse of ‘‘no action’’ motions, par10 ticularly as such motions relate to country specific resolu11 tions. 

12 (e) OFFICE OF THE UNITED NATIONS HIGH COMMIS13 SIONER FOR HUMAN RIGHTS.— 

14 (1) STATEMENT OF POLICY.—It shall be the 

15 policy of the United States to continue to strongly 

16 support the Office of the United Nations High Com17 missioner for Human Rights. 

18 (2) CERTIFICATION.—In accordance with sec19 tion 601, a certification shall be required that cer20 tifies that the Office of the United Nations High 

21 Commissioner for Human Rights has been given 

22 greater authority in field operation activities, such 

23 as in the Darfur region of Sudan and in the Demo24 cratic Republic of the Congo, in furtherance of the 

25 purpose and mission of the United Nations. 
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1 (f) PROHIBITION ON CONTACT WITH MEMBER

2 STATES SUBJECT TO SANCTIONS.—An employee from of 

3 any United Nations entity, bureau, division, department, 

4 or specialized agency may not have unauthorized contact, 

5 including business contact, with a Member State that is 

6 subject to United Nations sanctions. 

7 SEC. 202. ECONOMIC AND SOCIAL COUNCIL (ECOSOC). 

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

9 of the United States to use its voice, vote, and influence 

10 at the United Nations to— 

11 (1) abolish secret voting in the Economic and 

12 Social Council (ECOSOC); 

13 (2) ensure that, until such time as the Commis14 sion on Human Rights of the United Nations is 

15 abolished, only countries that are not ineligible for 

16 membership on a human rights body in accordance 

17 with paragraph (1) through (4) of section 201(b) 

18 shall be considered for membership on the Commis19 sion on Human Rights; and 

20 (3) ensure that after candidate countries are 

21 nominated for membership on the Commission on 

22 Human Rights, the Economic and Social Council 

23 conducts a recorded vote to determine such member24 ship. 
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1 (b) CERTIFICATION.—In accordance with section 

2 601, a certification shall be required that certifies that the 

3 policies described in subsection (a) have been implemented 

4 by the Economic and Social Council. 

5 SEC. 203. UNITED NATIONS DEMOCRACY FUND. 

6 (a) IN GENERAL.—The President shall direct the 

7 United States Permanent Representative to the United 

8 Nations to use the voice, vote, and influence of the United 

9 States at the United Nations to make every effort to— 

10 (1) establish a Democracy Fund at the United 

11 Nations to be administered by Member States of the 

12 United Nations Democracy Caucus; 

13 (2) secure political and financial support for the 

14 Democracy Fund from Member States of the United 

15 Nations Democracy Caucus; and 

16 (3) establish criteria that limits recipients of as17 sistance from the Democracy Fund to Member 

18 States that— 

19 (A) are not ineligible for membership on 

20 any United Nations human rights body, in ac21 cordance with paragraphs (1) through (4) of 

22 section 201(b); and 

23 (B) are determined by the Secretary of 

24 State to be emerging democracies or democ25 racies in transition. 
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1 (b) POLICY RELATING TO FUNDING FOR THE DE2 MOCRACY FUND.—It shall be the policy of the United 

3 States to shift contributions of the United States to the 

4 regularly assessed budget of the United Nations for a bi5 ennial period to initiate and support the Democracy Fund 

6 referred to in subsection (a). 

7 (c) CERTIFICATION.—In accordance with section 

8 601, a certification shall be required that certifies that the 

9 requirements described in subsection (a) have been satis10 fied. 

11 TITLE III—INTERNATIONAL 

12 ATOMIC ENERGY AGENCY 

13 SEC. 301. INTERNATIONAL ATOMIC ENERGY AGENCY. 

14 (a) ENFORCEMENT AND COMPLIANCE.— 

15 (1) OFFICE OF COMPLIANCE.— 

16 (A) ESTABLISHMENT.—The President 

17 shall direct the United States Permanent Rep18 resentative to International Atomic Energy 

19 Agency (IAEA) to use the voice, vote, and influ20 ence of the United States at the IAEA to estab21 lish an Office of Compliance in the Secretariat 

22 of the IAEA. 

23 (B) OPERATION.—The Office of Compli24 ance shall— 
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1 (i) function as an independent body 

2 composed of technical experts who shall 

3 work in consultation with IAEA inspectors 

4 to assess compliance by IAEA Member 

5 States and provide recommendations to the 

6 IAEA Board of Governors concerning pen7 alties to be imposed on IAEA Member 

8 States that fail to fulfill their obligations 

9 under IAEA Board resolutions; 

10 (ii) base its assessments and rec11 ommendations on IAEA inspection reports; 

12 and 

13 (iii) shall take into consideration in14 formation provided by IAEA Board Mem15 bers that are one of the five nuclear weap16 ons states as recognized by the Treaty on 

17 the Non-Proliferation of Nuclear Weapons 

18 (21 UST 483) (commonly referred to as 

19 the ‘‘Nuclear Nonproliferation Treaty’’ or 

20 the ‘‘NPT’’). 

21 (C) STAFFING.—The Office of Compliance 

22 shall be staffed from existing personnel in the 

23 Department of Safeguards of the IAEA or the 

24 Department of Nuclear Safety and Security of 

25 the IAEA. 
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1 (2) SPECIAL COMMITTEE ON SAFEGUARDS AND

2 VERIFICATION.— 

3 (A) ESTABLISHMENT.—The President 

4 shall direct the United States Permanent Rep5 resentative to the IAEA to use the voice, vote, 

6 and influence of the United States at the IAEA 

7 to establish a Special Committee on Safeguards 

8 and Verification. 

9 (B) RESPONSIBILITIES.—The Special 

10 Committee shall— 

11 (i) improve the ability of the IAEA to 

12 monitor and enforce compliance by Mem13 ber States of the IAEA with the Nuclear 

14 Nonproliferation Treaty and the Statute of 

15 the International Atomic Energy Agency; 

16 and 

17 (ii) consider which additional meas18 ures are necessary to enhance the ability of 

19 the IAEA, beyond the verification mecha20 nisms and authorities contained in the Ad21 ditional Protocol to the Safeguards Agree22 ments between the IAEA and Member 

23 States of the IAEA, to detect with a high 

24 degree of confidence undeclared nuclear ac25 tivities by a Member State. 
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1 (3) PENALTIES WITH RESPECT TO THE IAEA.— 

2 (A) IN GENERAL.—The President shall di3 rect the United States Permanent Representa4 tive to the IAEA to use the voice, vote, and in5 fluence of the United States at the IAEA to en6 sure that a Member State of the IAEA that is 

7 under investigation for a breach of or non8 compliance with its IAEA obligations or the 

9 purposes and principles of the Charter of the 

10 United Nations has its privileges suspended, in11 cluding— 

12 (i) limiting its ability to vote on its 

13 case; 

14 (ii) being prevented from receiving 

15 any technical assistance; and 

16 (iii) being prevented from hosting 

17 meetings. 

18 (B) TERMINATION OF PENALTIES.—The 

19 penalties specified under subparagraph (A) 

20 shall be terminated when such investigation is 

21 concluded and such Member State is no longer 

22 in such breach or noncompliance. 

23 (4) PENALTIES WITH RESPECT TO THE NU24 CLEAR NONPROLIFERATION TREATY.—The Presi25 dent shall direct the United States Permanent Rep-
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1 resentative to the IAEA to use the voice, vote, and 

2 influence of the United States at the IAEA to en3 sure that a Member State of the IAEA that is found 

4 to be in breach of, in noncompliance with, or has 

5 withdrawn from the Nuclear Nonproliferation Treaty 

6 shall return to the IAEA all nuclear materials and 

7 technology received from the IAEA, any Member 

8 State of the IAEA, or any Member State of the Nu9 clear Nonproliferation Treaty. 

10 (b) UNITED STATES CONTRIBUTIONS.— 

11 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

12 contributions of the United States to the IAEA 

13 should primarily be used to fund activities relating 

14 to Nuclear Safety and Security or activities relating 

15 to Nuclear Verification. 

16 (2) LIMITATION ON USE OF FUNDS.—The 

17 President shall direct the United States Permanent 

18 Representative to the IAEA to use the voice, vote, 

19 and influence of the United States at the IAEA to— 

20 (A) ensure that funds for safeguards in21 spections are prioritized for countries that have 

22 newly established nuclear programs or are initi23 ating nuclear programs; and 

24 (B) block the allocation of funds for any 

25 other IAEA development, environmental, or nu-
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1 clear science assistance or activity to a coun2 try— 

3 (i) the government of which the Sec4 retary of State has determined, for pur5 poses of section 6(j) of the Export Admin6 istration Act of 1979, section 620A of the 

7 Foreign Assistance Act of 1961, section 40 

8 of the Arms Export Control Act, or other 

9 provision of law, is a government that has 

10 repeatedly provided support for acts of 

11 international terrorism and the government 

12 of which the Secretary has determined has 

13 not dismantled and surrendered its weap14 ons of mass destruction programs under 

15 international verification; 

16 (ii) that is under investigation for a 

17 breach of or noncompliance with its IAEA 

18 obligations or the purposes and principles 

19 of the Charter of the United Nations; or 

20 (iii) that is in violation of its IAEA 

21 obligations or the purposes and principles 

22 of the Charter of the United Nations. 

23 (3) DETAIL OF EXPENDITURES.—The Presi24 dent shall direct the United States Permanent Rep25 resentative to the IAEA to use the voice, vote, and 
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1 influence of the United States at the IAEA to se2 cure, as part of the regular budget presentation of 

3 the IAEA to Member States of the IAEA, a detailed 

4 breakdown by country of expenditures of the IAEA 

5 for safeguards inspections and nuclear security ac6 tivities. 

7 (c) MEMBERSHIP.— 

8 (1) IN GENERAL.—The President shall direct 

9 the United States Permanent Representative to the 

10 IAEA to use the voice, vote, and influence of the 

11 United States at the IAEA to block the membership 

12 on the Board of Governors of the IAEA for a Mem13 ber State of the IAEA that has not signed and rati14 fied the Additional Protocol and— 

15 (A) is under investigation for a breach of 

16 or noncompliance with its IAEA obligations or 

17 the purposes and principles of the Charter of 

18 the United Nations; or 

19 (B) that is in violation of its IAEA obliga20 tions or the purposes and principles of the 

21 Charter of the United Nations. 

22 (2) CRITERIA.—The United States Permanent 

23 Representative to the IAEA shall make every effort 

24 to modify the criteria for Board membership to re25 flect the principles described in paragraph (1). 
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1 (d) SMALL QUANTITIES PROTOCOL.—The President 

2 shall direct the United States Permanent Representative 

3 to the IAEA to use the voice, vote, and influence of the 

4 United States at the IAEA to make every effort to ensure 

5 that the IAEA changes the policy regarding the Small 

6 Quantities Protocol in order to— 

7 (1) rescind and eliminate the Small Quantities 

8 Protocol; 

9 (2) require that any IAEA Member State that 

10 has previously signed a Small Quantities Protocol to 

11 sign, ratify, and implement the Additional Protocol, 

12 provide immediate access for IAEA inspectors to its 

13 nuclear-related facilities, and agree to the strongest 

14 inspections regime of its nuclear efforts; and 

15 (3) require that any IAEA Member State that 

16 does not comply with paragraph (2) to be ineligible 

17 to receive nuclear material, technology, equipment, 

18 or assistance from any IAEA Member State and 

19 subject to the penalties described in section 

20 301(a)(3). 

21 (e) NUCLEAR PROGRAM OF IRAN.— 

22 (1) UNITED STATES ACTION.—The President 

23 shall direct the United States Permanent Represent24 ative to the IAEA to use the voice, vote, and influ25 ence of the United States at the IAEA to make 
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1 every effort to ensure the adoption of a resolution by 

2 the IAEA Board of Governors that makes Iran ineli3 gible to receive any nuclear material, technology, 

4 equipment, or assistance from any IAEA Member 

5 State and ineligible for any IAEA assistance not re6 lated to safeguards inspections or nuclear security 

7 until the IAEA Board of Governors determines that 

8 Iran— 

9 (A) is providing full access to IAEA in10 spectors to its nuclear-related facilities; 

11 (B) has fully implemented and is in com12 pliance with the Additional Protocol; and 

13 (C) has permanently ceased and disman14 tled all activities and programs related to nu15 clear-enrichment and reprocessing. 

16 (2) PENALTIES.—If an IAEA Member State is 

17 determined to have violated the prohibition on as18 sistance to Iran described in paragraph (1) before 

19 the IAEA Board of Governors determines that Iran 

20 has satisfied the conditions described in subpara21 graphs (A) through (C) of such paragraph, such 

22 Member State shall be subject to the penalties de23 scribed in section 301(a)(3), shall be ineligible to re24 ceive nuclear material, technology, equipment, or as25 sistance from any IAEA Member State, and shall be 
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1 ineligible to receive any IAEA assistance not related 

2 to safeguards inspections or nuclear security until 

3 such time as the IAEA Board of Governors makes 

4 such determination with respect to Iran. 

5 (f) REPORT.—Not later than 6 months after the date 

6 of the enactment of this Act and annually for 2 years 

7 thereafter, the President shall submit to the appropriate 

8 congressional committees a report on the implementation 

9 of this section. 

10 SEC. 302. SENSE OF CONGRESS REGARDING THE NUCLEAR 

11 SECURITY ACTION PLAN OF THE IAEA. 

12 It is the sense of Congress that the national security 

13 interests of the United States are enhanced by the Nuclear 

14 Security Action Plan of the IAEA and the Board of Gov15 ernors should recommend, and the General Conference 

16 should adopt, a resolution incorporating the Nuclear Secu17 rity Action Plan into the regular budget of the IAEA. 

18 TITLE IV—PEACEKEEPING 

19 SEC. 401. SENSE OF CONGRESS REGARDING REFORM OF 

20 UNITED NATIONS PEACEKEEPING OPER21 ATIONS. 

22 It is the sense of Congress that— 

23 (1) although United Nations peacekeeping oper24 ations have contributed greatly toward the pro25 motion of peace and stability for the past 57 years 
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1 and the majority of peacekeeping personnel who 

2 have served under the United Nations flag have 

3 done so with honor and courage, the record of 

4 United Nations peacekeeping has been severely tar5 nished by operational failures and unconscionable 

6 acts of misconduct; and 

7 (2) if the reputation of and confidence in 

8 United Nations peacekeeping operations is to be re9 stored, fundamental and far-reaching reforms, par10 ticularly in the areas of planning, management, 

11 training, conduct, and discipline, must be imple12 mented without delay. 

13 SEC. 402. STATEMENT OF POLICY RELATING TO REFORM 

14 OF UNITED NATIONS PEACEKEEPING OPER15 ATIONS. 

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

17 reform of United Nations peacekeeping operations in the 

18 following areas: 

19 (1) PLANNING AND MANAGEMENT.— 

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

21 and number of United Nations peacekeeping 

22 operations have increased substantially over the 

23 past decade, an independent audit of each such 

24 operation, with a view toward ‘‘right-sizing’’ op25 erations and ensuring that such operations are 
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1 cost effective, should be conducted and its find2 ings reported to the Security Council. 

3 (B) REVIEW OF MANDATES AND CLOSING

4 OPERATIONS.—In conjunction with the audit 

5 described in subparagraph (A), the United Na6 tions Department of Peacekeeping Operations 

7 should conduct a comprehensive review of all 

8 United Nations peacekeeping operation man9 dates, with a view toward identifying objectives 

10 that are practical and achievable, and report its 

11 findings to the Security Council. In particular, 

12 the review should consider the following: 

13 (i) Activities that fall beyond the 

14 scope of traditional peacekeeping activities 

15 should be delegated to a new Peacebuilding 

16 Commission, described in paragraph (3). 

17 (ii) Long-standing operations that are 

18 static and cannot fulfill their mandate 

19 should be downsized or closed. 

20 (iii) Where there is legitimate concern 

21 that the withdrawal from a country of an 

22 otherwise static United Nations peace23 keeping operation would result in the re24 sumption of major conflict, a burden-shar25 ing arrangement that reduces the level of 
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1 assessed contributions, similar to that cur2 rently supporting the United Nations 

3 Peacekeeping Force in Cyprus, should be 

4 explored and instituted. 

5 (C) LEADERSHIP.—As peacekeeping oper6 ations become larger and increasingly complex, 

7 the Secretariat should adopt a minimum stand8 ard of qualifications for senior leaders and 

9 managers, with particular emphasis on specific 

10 skills and experience, and current senior leaders 

11 and managers who do not meet those standards 

12 should be removed or reassigned. 

13 (D) PRE-DEPLOYMENT TRAINING.—Pre14 deployment training on interpretation of the 

15 mandate of the operation, specifically in the 

16 areas of use of force, civilian protection and 

17 field conditions, the Code of Conduct, HIV/ 

18 AIDS, and human rights should be mandatory, 

19 and all personnel, regardless of category or 

20 rank, should be required to sign an oath that 

21 each has received and understands such train22 ing as a condition of participation in the oper23 ation. 

24 (E) GRATIS MILITARY PERSONNEL.—The 

25 General Assembly should lift restrictions on the 
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1 utilization at the headquarters in New York, 

2 the United States, of the Department of Peace3 keeping Operations of gratis military personnel 

4 by the Department so that the Department may 

5 accept secondments from Member States of 

6 military personnel with expertise in mission 

7 planning, logistics, and other operational spe8 cialties. 

9 (2) CONDUCT AND DISCIPLINE.— 

10 (A) ADOPTION OF A UNIFORM CODE OF

11 CONDUCT.—A single, uniform Code of Conduct 

12 that has the status of a binding rule and ap13 plies equally to all personnel serving in United 

14 Nations peacekeeping operations, regardless of 

15 category or rank, should be promulgated, adopt16 ed, and enforced. 

17 (B) UNDERSTANDING THE CODE OF CON18 DUCT.—All personnel, regardless of category or 

19 rank, should receive training on the Code of 

20 Conduct prior to deployment with a peace21 keeping operation, in addition to periodic fol22 low-on training. In particular— 

23 (i) all personnel, regardless of cat24 egory or rank, should be provided with a 

25 personal copy of the Code of Conduct that 
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1 has been translated into the national lan2 guage of such personnel, regardless of 

3 whether such language is an official lan4 guage of the United Nations; 

5 (ii) all personnel, regardless of cat6 egory or rank, should sign an oath that 

7 each has received a copy of the Code of 

8 Conduct, that each pledges to abide by the 

9 Code of Conduct, and that each under10 stands the consequences of violating the 

11 Code of Conduct, including immediate ter12 mination of the participation of such per13 sonnel in the peacekeeping operation to 

14 which such personnel is assigned as a con15 dition of appointment to such operation; 

16 and 

17 (iii) peacekeeping operations should 

18 conduct educational outreach programs to 

19 reach local communities where peace20 keeping personnel of such operations are 

21 based, including explaining prohibited acts 

22 on the part of United Nations peace23 keeping personnel and identifying the indi24 vidual to whom the local population may 

25 direct complaints or file allegations of ex-
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1 ploitation, abuse, or other acts of mis2 conduct. 

3 (C) MONITORING MECHANISMS.—Dedi4 cated monitoring mechanisms, such as the Per5 sonnel Conduct Units already deployed to sup6 port United Nations peacekeeping operations in 

7 Haiti, Liberia, Burundi, and the Democratic 

8 Republic of Congo, should be present in each 

9 operation to monitor compliance with the Code 

10 of Conduct, and— 

11 (i) should report simultaneously to the 

12 Head of Mission, the United Nations De13 partment of Peacekeeping Operations, and 

14 the Associate Director of OIOS for Peace15 keeping Operations (established under sec16 tion 104(b)(10)); and 

17 (ii) should be tasked with designing 

18 and implementing mission-specific meas19 ures to prevent misconduct, conduct follow20 on training for personnel, coordinate com21 munity outreach programs, and assist in 

22 investigations, as OIOS determines nec23 essary and appropriate. 

24 (D) INVESTIGATIONS.—A permanent, pro25 fessional, and independent investigative body 
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1 should be established and introduced into 

2 United Nations peacekeeping operations. In 

3 particular— 

4 (i) the investigative body should in5 clude professionals with experience in in6 vestigating sex crimes, as well as experts 

7 who can provide guidance on standards of 

8 proof and evidentiary requirements nec9 essary for any subsequent legal action; 

10 (ii) provisions should be included in a 

11 Model Memorandum of Understanding 

12 that obligate Member States that con13 tribute troops to a peacekeeping operation 

14 to designate a military prosecutor who will 

15 participate in any investigation into an al16 legation of misconduct brought against an 

17 individual of such Member State, so that 

18 evidence is collected and preserved in a 

19 manner consistent with the military law of 

20 such Member State; 

21 (iii) the investigative body should be 

22 regionally based to ensure rapid deploy23 ment and should be equipped with modern 

24 forensics equipment for the purpose of 

25 positively identifying perpetrators and, 
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1 where necessary, for determining paternity; 

2 and 

3 (iv) the investigative body should re4 port directly to the Associate Director of 

5 OIOS for Peacekeeping Operations, while 

6 providing copies of any reports to the De7 partment of Peacekeeping Operations, the 

8 Head of Mission, and the Member State 

9 concerned. 

10 (E) FOLLOW-UP.—A dedicated unit, simi11 lar to the Personnel Conduct Units, staffed and 

12 funded through existing resources, should be es13 tablished within the headquarters of the United 

14 Nations Department of Peacekeeping Oper15 ations and tasked with— 

16 (i) promulgating measures to prevent 

17 misconduct; 

18 (ii) coordinating allegations of mis19 conduct, and reports received by field per20 sonnel; and 

21 (iii) gathering follow-up information 

22 on completed investigations, particularly by 

23 focusing on disciplinary actions against the 

24 individual concerned taken by the United 

25 Nations or by the Member State that is 
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1 contributing troops to which such indi2 vidual belongs, and sharing such informa3 tion with the Security Council, the Head of 

4 Mission, and the community hosting the 

5 peacekeeping operation. 

6 (F) FINANCIAL LIABILITY AND VICTIMS

7 ASSISTANCE.—Although peacekeeping oper8 ations should provide immediate medical assist9 ance to victims of sexual abuse or exploitation, 

10 the responsibility for providing longer-term 

11 treatment, care, or restitution lies solely with 

12 the individual found guilty of the misconduct. 

13 In particular, the following reforms should be 

14 implemented: 

15 (i) The United Nations should not as16 sume responsibility for providing long-term 

17 treatment or compensation by creating a 

18 ‘‘Victims Trust Fund’’, or any other such 

19 similar fund, financed through assessed 

20 contributions to United Nations peace21 keeping operations, thereby shielding indi22 viduals from personal liability and rein23 forcing an atmosphere of impunity. 

24 (ii) If an individual responsible for 

25 misconduct has been repatriated, reas-
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1 signed, redeployed, or is otherwise unable 

2 to provide assistance, responsibility for 

3 providing assistance to a victim should be 

4 assigned to the Member State that contrib5 uted the troops to which such individual 

6 belonged or to the manager concerned. 

7 (iii) In the case of misconduct by a 

8 member of a military contingent, appro9 priate funds shall be withheld from the 

10 troop contributing country concerned. 

11 (iv) In the case of misconduct by a ci12 vilian employee or contractor of the United 

13 Nations, appropriate wages shall be gar14 nished from such individual or fines shall 

15 be imposed against such individual, con16 sistent with existing United Nations Staff 

17 Rules. 

18 (G) MANAGERS AND COMMANDERS.—The 

19 manner in which managers and commanders 

20 handle cases of misconduct by those serving 

21 under them should be included in their indi22 vidual performance evaluations, so that man23 agers and commanders who take decisive action 

24 to deter and address misconduct are rewarded, 

25 while those who create a permissive environ-
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1 ment or impede investigations are penalized or 

2 relieved of duty, as appropriate. 

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

4 should be created and maintained within the 

5 United Nations Department of Peacekeeping 

6 Operations to track cases of misconduct, includ7 ing the outcome of investigations and subse8 quent prosecutions, to ensure that personnel 

9 who have engaged in misconduct or other crimi10 nal activities, regardless of category or rank, 

11 are permanently barred from participation in 

12 future peacekeeping operations. 

13 (I) WELFARE.—Peacekeeping operations 

14 should assume responsibility for maintaining a 

15 minimum standard of welfare for mission per16 sonnel to ameliorate conditions of service, while 

17 adjustments are made to the discretionary wel18 fare payments currently provided to Member 

19 States that contribute troops to offset the cost 

20 of operation-provided recreational facilities. 

21 (3) PEACEBUILDING COMMISSION.— 

22 (A) ESTABLISHMENT.—Consistent with 

23 the recommendations of the High Level Panel 

24 Report, the United Nations should establish a 

25 Peacebuilding Commission, supported by a 
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1 Peacebuilding Support Office, to marshal the 

2 efforts of the United Nations, international fi3 nancial institutions, donors, and non-govern4 mental organizations to assist countries in tran5 sition from war to peace. 

6 (B) STRUCTURE AND MEMBERSHIP.—The 

7 Commission should— 

8 (i) be a subsidiary body of the United 

9 Nations Security Council, limited in size to 

10 ensure efficiency; 

11 (ii) include members of the United 

12 Nations Security Council, major donors, 

13 major troop contributing countries, appro14 priate United Nations organizations, the 

15 World Bank, and the International Mone16 tary Fund; and 

17 (iii) invite the President of ECOSOC, 

18 regional actors, Member States that con19 tribute troops, regional development banks, 

20 and other concerned parties that are not 

21 already members, as determined appro22 priate, to consult or participate in meet23 ings as observers. 

24 (C) RESPONSIBILITIES.—The Commission 

25 should seek to ease the demands currently 
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1 placed upon the Department of Peacekeeping 

2 Operations to undertake tasks that fall beyond 

3 the scope of traditional peacekeeping, by— 

4 (i) developing and integrating coun5 try-specific and system-wide conflict pre6 vention, post-conflict reconstruction, and 

7 long-term development policies and strate8 gies; and 

9 (ii) serving as the key coordinating 

10 body for the design and implementation of 

11 military, humanitarian, and civil adminis12 tration aspects of complex missions. 

13 (D) RESOURCES.—The establishment of 

14 the Peacebuilding Commission and the related 

15 Peacebuilding Support Office, should be staffed 

16 within existing resources. 

17 SEC. 403. CERTIFICATION. 

18 (a) NEW OR EXPANDED PEACEKEEPING OPER19 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI20 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 

21 (1) NO NEW OR EXPANDED PEACEKEEPING OP22 ERATIONS.— 

23 (A) CERTIFICATION.—Except as provided 

24 in subparagraph (B), until the Secretary of 

25 State certifies that the requirements described 
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1 in paragraph (2) have been satisfied, the Presi2 dent shall direct the United States Permanent 

3 Representative to the United Nations to use the 

4 voice, vote, and influence of the United States 

5 at the United Nations to oppose the creation of 

6 new, or expansion of existing, United Nations 

7 peacekeeping operations. 

8 (B) EXCEPTION AND NOTIFICATION.—The 

9 requirements described under subparagraphs 

10 (F) and (G) of paragraph (2) may be waived 

11 until January 1, 2007, if the President deter12 mines that such is in the national interest of 

13 the United States. If the President makes such 

14 a determination, the President shall, not later 

15 than 15 days before the exercise of such waiver, 

16 notify the appropriate congressional committees 

17 of such determination and resulting waiver. 

18 (2) CERTIFICATION OF PEACEKEEPING OPER19 ATIONS REFORMS.—The certification referred to in 

20 paragraph (1) is a certification made by the Sec21 retary to the appropriate congressional committees 

22 that the following reforms, or an equivalent set of 

23 reforms, related to peacekeeping operations have 

24 been adopted by the United Nations Department of 
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1 Peacekeeping Operations or the General Assembly, 

2 as appropriate: 

3 (A) A single, uniform Code of Conduct 

4 that has the status of a binding rule and ap5 plies equally to all personnel serving in United 

6 Nations peacekeeping operations, regardless of 

7 category or rank, has been adopted by the Gen8 eral Assembly and mechanisms have been estab9 lished for training such personnel concerning 

10 the requirements of the Code and enforcement 

11 of the Code. 

12 (B) All personnel, regardless of category or 

13 rank, serving in a peacekeeping operation have 

14 been trained concerning the requirements of the 

15 Code of Conduct and each has been given a per16 sonal copy of the Code, translated into the na17 tional language of such personnel. 

18 (C) All personnel, regardless of category or 

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

20 received a copy of the Code of Conduct, that 

21 each pledges to abide by the Code, and that 

22 each understands the consequences of violating 

23 the Code, including the immediate termination 

24 of the participation of such personnel in the 

25 peacekeeping operation to which such personnel 
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1 is assigned as a condition of the appointment to 

2 such operation. 

3 (D) All peacekeeping operations have de4 signed and implemented educational outreach 

5 programs to reach local communities where 

6 peacekeeping personnel of such operations are 

7 based to explain prohibited acts on the part of 

8 United Nations peacekeeping personnel and to 

9 identify the individual to whom the local popu10 lation may direct complaints or file allegations 

11 of exploitation, abuse, or other acts of mis12 conduct. 

13 (E) A centralized data base has been cre14 ated and is being maintained in the United Na15 tions Department of Peacekeeping Operations 

16 that tracks cases of misconduct, including the 

17 outcomes of investigations and subsequent pros18 ecutions, to ensure that personnel, regardless of 

19 category or rank, who have engaged in mis20 conduct or other criminal activities are perma21 nently barred from participation in future 

22 peacekeeping operations. 

23 (F) A Model Memorandum of Under24 standing between the United Nations and each 

25 Member State that contributes troops to a 
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1 peacekeeping operation has been adopted by the 

2 United Nations Department of Peacekeeping 

3 Operations that specifically obligates each such 

4 Member State to— 

5 (i) designate a competent legal au6 thority, preferably a prosecutor with exper7 tise in the area of sexual exploitation and 

8 abuse, to participate in any investigation 

9 into an allegation of misconduct brought 

10 against an individual of such Member 

11 State; 

12 (ii) refer to its competent national or 

13 military authority for possible prosecution, 

14 if warranted, any investigation of a viola15 tion of the Code of Conduct or other crimi16 nal activity by an individual of such Mem17 ber State; 

18 (iii) report to the Department of 

19 Peacekeeping Operations on the outcome 

20 of any such investigation; 

21 (iv) undertake to conduct on-site court 

22 martial proceedings relating to allegations 

23 of misconduct alleged against an individual 

24 of such Member State; and 
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1 (v) assume responsibility for the pro2 vision of appropriate assistance to a victim 

3 of misconduct committed by an individual 

4 of such Member State. 

5 (G) A professional and independent inves6 tigative and audit function has been established 

7 within the United Nations Department of 

8 Peacekeeping Operations and the OIOS to mon9 itor United Nations peacekeeping operations. 

10 SEC. 404. RULE OF CONSTRUCTION RELATING TO PROTEC11 TION OF UNITED STATES OFFICIALS AND 

12 MEMBERS OF THE ARMED FORCES. 

13 Nothing in this title shall be construed as superseding 

14 the Uniform Code of Military Justice or operating to effect 

15 the surrender of United States officials or members of the 

16 Armed Forces to a foreign country or international tri17 bunal, including the International Criminal Court, for 

18 prosecutions arising from peacekeeping operations or 

19 other similar United Nations-related activity, and nothing 

20 in this title shall be interpreted in a manner inconsistent 

21 with the American Servicemembers’ Protection Act of 

22 2002 (title II of the 2002 Supplemental Appropriations 

23 Act for Further Recovery From and Response To Ter24 rorist Attacks on the United States; Public Law 107– 

25 206). 
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1 TITLE V—DEPARTMENT OF 

2 STATE AND GOVERNMENT AC3 COUNTABILITY OFFICE 

4 SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT 

5 INTERNATIONAL ORGANIZATIONS. 

6 The Secretary of State shall make every effort to re7 cruit United States citizens for positions within inter8 national organizations. 

9 SEC. 502. BUDGET JUSTIFICATION FOR REGULAR AS10 SESSED BUDGET OF THE UNITED NATIONS. 

11 (a) DETAILED ITEMIZATION.—The annual congres12 sional budget justification shall include a detailed itemized 

13 request in support of the assessed contribution of the 

14 United States to the regular assessed budget of the United 

15 Nations. 

16 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

17 detailed itemization required under subsection (a) shall— 

18 (1) contain information relating to the amounts 

19 requested in support of each of the various sections 

20 and titles of the regular assessed budget of the 

21 United Nations; and 

22 (2) compare the amounts requested for the cur23 rent year with the actual or estimated amounts con24 tributed by the United States in previous fiscal years 

25 for the same sections and titles. 
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1 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

2 United Nations proposes an adjustment to its regular as3 sessed budget, the Secretary of State shall, at the time 

4 such adjustment is presented to the Advisory Committee 

5 on Administrative and Budgetary Questions (ACABQ), 

6 notify and consult with the appropriate congressional com7 mittees. 

8 SEC. 503. REVIEW AND REPORT. 

9 Not later than 6 months after the date of the enact10 ment of this Act, the Secretary of State shall conduct a 

11 review of programs of the United Nations that are funded 

12 through assessed contributions and submit to the appro13 priate congressional committees a report containing— 

14 (1) the findings of such review; and 

15 (2) recommendations relating to— 

16 (A) the continuation of such programs; 

17 and 

18 (B) which of such programs should be vol19 untarily funded, other than those specified in 

20 subparagraphs (A) through (R) of subsection 

21 (c)(2) of section 11 of the United Nations Par22 ticipation Act of 1945, as amended by section 

23 101(c) of this Act. 
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1 SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE. 

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

3 later than 12 months after the date of the enactment of 

4 this Act and again 12 months thereafter, the Comptroller 

5 General of the United States of the Government Account6 ability Office shall submit to the appropriate congressional 

7 committees a report on the status of the 1997, 2002, and 

8 2005 management reforms initiated by the Secretary Gen9 eral and on the reforms mandated by this Act. 

10 (b) REPORT ON DEPARTMENT OF STATE CERTIFI11 CATIONS.—Not later than 6 months after each certifi12 cation submitted by the Secretary of State to the appro13 priate congressional committees under this Act and sub14 section (d)(3) of section 11 of the United Nations Partici15 pation Act of 1945 (as amended by section 101(c) of this 

16 Act), the Comptroller General shall submit to the appro17 priate congressional committees a report on each such cer18 tification. The Secretary shall provide the Comptroller 

19 General with any information required by the Comptroller 

20 General to submit any such report. 

21 (c) UNITED NATIONS CONSTRUCTION AND CON22 TRACTING.—Not later than 6 months after the date of the 

23 enactment of this Act, the Comptroller General shall sub24 mit to the Committee on International Relations of the 

25 House of Representatives, the Committee on Foreign Re26 lations of the Senate, the Committee on Appropriations 
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1 of the House of Representatives, and the Committee on 

2 Appropriations of the Senate a report describing the costs 

3 associated with the contracting for and construction of the 

4 Geneva, Switzerland, buildings of the World Meteorolog5 ical Organization (WMO) and the World Intellectual Prop6 erty Organization (WIPO). The report shall include anal7 yses of the procurement procedures for each such building 

8 and shall specifically address issues of any corrupt con9 tracting practices that are discovered, such as rigged bids 

10 and kickbacks, as well as other improprieties. The report 

11 shall also include an identification of other credible allega12 tions of corrupt contracting at United Nations construc13 tion projects that involve major construction on a scale 

14 comparable to the WMO and WIPO construction projects, 

15 and a description of the results of an investigation into 

16 each such credible allegation. 

17 TITLE VI—CERTIFICATIONS AND 

18 WITHHOLDING OF CONTRIBU19 TIONS 

20 SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CON21 TRIBUTIONS. 

22 (a) CERTIFICATIONS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (3), the certifications required under sub25 section (d)(3) of section 11 of the United Nations 
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1 Participation Act of 1945 (as amended by section 

2 101(c) of this Act) and section 103, sections 104(a) 

3 through 104(g), sections 113 and 114, sections 

4 201(c) and 201(e), and sections 202 and 203 of this 

5 Act are certifications submitted to the appropriate 

6 congressional committees by the Secretary of State 

7 that the requirements of each such section have been 

8 satisfied with respect to reform of the United Na9 tions. 

10 (2) ALTERNATE CERTIFICATION MECHANISM.— 

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

12 paragraph (3), in the event that the Secretary 

13 is unable to submit a certification in accordance 

14 with paragraph (1), the Secretary may submit 

15 to the appropriate congressional committees, in 

16 accordance with subparagraph (B), an alternate 

17 certification that certifies that the requirements 

18 of the section to which the original certification 

19 applies have been implemented through reforms 

20 that are substantially similar to the require21 ments of such section or accomplish the same 

22 purposes as the requirements of such section. 

23 (B) EQUIVALENCY.—Reforms are substan24 tially similar or accomplish the same purposes 

25 if— 
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1 (i) such reforms are formally adopted 

2 in written form by the entity or committee 

3 of the United Nations or of its specialized 

4 agency that has authority to enact or im5 plement such reforms or are issued by the 

6 Secretariat or the appropriate entity or 

7 committee in written form; and 

8 (ii) such reforms are not identical to 

9 the reforms required by a particular cer10 tification but in the determination of the 

11 Secretary will have the same, or nearly the 

12 same effect, as such reforms. 

13 (C) WRITTEN JUSTIFICATION AND CON14 SULTATION.— 

15 (i) WRITTEN JUSTIFICATION.—Not 

16 later than 30 days before submitting an al17 ternate certification in accordance with 

18 subparagraph (A), the Secretary shall sub19 mit to the appropriate congressional com20 mittees a written justification explaining in 

21 detail the basis for such alternate certifi22 cation. 

23 (ii) CONSULTATION.—After the Sec24 retary has submitted the written justifica25 tion under clause (i), but no later than 15 
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1 days before the Secretary exercises the al2 ternate certification mechanism described 

3 under subparagraph (A), the Secretary 

4 shall consult with the appropriate congres5 sional committees regarding such exercise. 

6 (3) LIMITED EXCEPTION FOR SUBSTANTIAL

7 COMPLIANCE.— 

8 (A) SUBSTANTIAL COMPLIANCE.—Subject 

9 to subparagraph (B), if at least 32 of the 40 

10 reforms represented by the 11 certifications 

11 specified under paragraph (1) have been imple12 mented, all such reforms (including the 

13 unimplemented reforms) so represented shall be 

14 deemed to have been implemented for the year 

15 in which the Secretary submits such certifi16 cations. 

17 (B) MANDATORY IMPLEMENTATION OF

18 CERTAIN REFORMS.— 

19 (i) IN GENERAL.—The provisions of 

20 subparagraph (A) shall not apply unless 

21 the reforms under the following sections 

22 have been implemented for the year to 

23 which subparagraph (A) applies: 

24 (I) Subsection (d)(3) of section 

25 11 of the United Nations Participa-
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1 tion Act of 1945 (as amended by sec2 tion 101(c) of this Act). 

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

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

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

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

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

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

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

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

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

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

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

14 (XIII) Section 201(b)(6). 

15 (XIV) Section 202(a)(1). 

16 (XV) Section 202(a)(2). 

17 (ii) FULL COMPLIANCE IN SUC18 CEEDING YEAR.—If the unimplemented re19 forms under subparagraph (A) are not im20 plemented in the year succeeding the year 

21 to which subparagraph (A) applies, the 

22 provisions of subsection (b) shall apply for 

23 such succeeding year. 
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1 (b) WITHHOLDING OF UNITED STATES CONTRIBU2 TIONS TO REGULAR ASSESSED BUDGET OF THE UNITED

3 NATIONS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (4) and in accordance with paragraph (2), 

6 until such time as all certifications (or alternate cer7 tifications) are submitted in accordance with sub8 section (a), the United States shall appropriate, but 

9 withhold from expenditure, 50 percent of the con10 tributions of the United States to the regular as11 sessed budget of the United Nations for a biennial 

12 period. 

13 (2) AVAILABLE UNTIL EXPENDED.—The con14 tributions appropriated but withheld from expendi15 ture under paragraph (1) are authorized to remain 

16 available until expended. 

17 (3) APPLICATION WITH RESPECT TO SECTION

18 11(B) OF THE UNITED NATION PARTICIPATION ACT

19 OF 1945.—Until such time as all certifications (or al20 ternate certifications) are submitted in accordance 

21 with subsection (a), subsection (b) of section 11 of 

22 the United Nations Participation Act of 1945 (as 

23 amended by section 101(c) of this Act) shall be ad24 ministered as though such section reads as follows: 

25 ‘‘The Secretary may not make a contribution to a 
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1 regularly assessed biennial budget of the United Na2 tions in an amount greater than 11 percent of the 

3 amount calculable under subsection (c).’’. 

4 (4) SECTION 11(D)(3) OF UNITED NATIONS PAR5 TICIPATION ACT OF 1945.— 

6 (A) SPECIAL RULE.—A certification under 

7 subsection (d)(3) of section 11 of the United 

8 Nations Participation Act of 1945 (as amended 

9 by section 101(c) of this Act) (relating to the 

10 2008–2009 biennial period and subsequent bi11 ennial periods) shall not be required until such 

12 time as the United Nations makes its formal 

13 budget presentation for the 2008–2009 biennial 

14 period. 

15 (B) APPLICATION.—If the Secretary does 

16 not submit a certification under such section, 

17 the 50 percent withholding described under 

18 paragraph (1) shall apply. 

19 (c) RELEASE OF FUNDS.—At such time as all certifi20 cations (or alternate certifications) are submitted in ac21 cordance with subsection (a), the United States shall 

22 transfer to the United Nations amounts appropriated but 

23 withheld from expenditure under subsection (b). 

24 (d) ANNUAL REVIEWS.— 
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1 (1) IN GENERAL.—The Secretary shall conduct 

2 annual reviews, beginning 1 year after the date on 

3 which the Secretary submits the final certification 

4 (or alternate certification) in accordance with sub5 section (a), to determine if the United Nations con6 tinues to remain in compliance with all such certifi7 cations (or alternate certifications). Not later than 

8 30 days after the completion of each such review, 

9 the Secretary shall submit to the appropriate con10 gressional committees a report containing the find11 ings of each such review. 

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

13 review the Secretary determines that the United Na14 tions has failed to remain in compliance with a cer15 tification (or an alternate certification) that was 

16 submitted in accordance with subsection (a), the 50 

17 percent withholding described under subsection (b) 

18 shall re-apply with respect to United States con19 tributions each fiscal year to the regular assessed 

20 budget of the United Nations beginning with the fis21 cal year immediately following such review and sub22 sequent fiscal years until such time as all certifi23 cations (or alternate certifications) under subsection 

24 (a) have been submitted. 
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1 (e) EFFECTIVE DATE.—The certifications (or alter2 nate certifications) specified under subsection (a) shall be 

3 required with respect to United States contributions to4 wards payment of regular assessed dues of the United Na5 tions for 2007 and subsequent years. 

Passed the House of Representatives June 17, 2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

Calendar No. 133 

109TH CONGRESS 

1ST SESSION H. R. 2745 

AN ACT 

To reform the United Nations, and for other 

purposes. 

JUNE 21, 2005 

Read the second time and placed on the calendar