I 

109TH CONGRESS 

1ST SESSION H. R. 2745 

To reform the United Nations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2005 

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

was referred to the Committee on International Relations 

A BILL 

To reform the United Nations, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘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. 

Sec. 103. Budget certification requirements. 

Sec. 104. Accountability. 
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Sec. 105. Terrorism and the United Nations. 

Sec. 106. United Nations treaty bodies. 

Sec. 107. Equality at the United Nations. 

Sec. 108. Report on United Nations reform. 

Sec. 109. Report on United Nations personnel. 

TITLE II—HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL 

COUNCIL (ECOSOC) 

Sec. 201. Human rights. 

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

TITLE III—INTERNATIONAL ATOMIC ENERGY AGENCY 

Sec. 301. International Atomic Energy Agency. 

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

IAEA. 

TITLE IV—PEACEKEEPING 

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

operations. 

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

Sec. 403. Certification. 

TITLE V—DEPARTMENT OF STATE AND GOVERNMENT 

ACCOUNTABILITY OFFICE 

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

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

Sec. 503. Review and report. 

Sec. 504. Government Accountability Office. 

TITLE VI—CERTIFICATIONS AND WITHHOLDING OF 

CONTRIBUTIONS 

Sec. 601. Certifications and withholding of contributions. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on International Re6 lations of the House of Representatives and the 

7 Committee on Foreign Relations of the Senate. 
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1 (2) EMPLOYEE.—The term ‘‘employee’’ means 

2 an individual who is employed in the general serv3 ices, professional staff, or senior management of the 

4 United Nations, including contractors and consult5 ants. 

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

7 Assembly’’ means the General Assembly of the 

8 United Nations. 

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

10 State’’ means a Member State of the United Na11 tions. Such term is synonymous with the term 

12 ‘‘country’’. 

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

14 the Secretary of State. 

15 (6) SECRETARY GENERAL.—The term ‘‘Sec16 retary General’’ means the Secretary General of the 

17 United Nations. 

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

19 Council’’ means the Security Council of the United 

20 Nations. 

21 (8) SPECIALIZED AGENCIES AND SPECIALIZED

22 AGENCIES OF THE UNITED NATIONS.—The terms 

23 ‘‘specialized agencies’’ and ‘‘specialized agencies of 

24 the United Nations’’ mean— 
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1 (A) the Food and Agriculture Organization 

2 (FAO); 

3 (B) the International Atomic Energy 

4 Agency (IAEA); 

5 (C) the International Civil Aviation Orga6 nization (ICAO); 

7 (D) the International Fund for Agricul8 tural Development (IFAD); 

9 (E) the International Labor Organization 

10 (ILO); 

11 (F) the International Maritime Organiza12 tion (IMO); 

13 (G) the International Telecommunication 

14 Union (ITU); 

15 (H) the United Nations Educational, Sci16 entific, and Cultural Organization (UNESCO); 

17 (I) the United Nations Industrial Develop18 ment Organization (UNIDO); 

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

20 (K) the World Health Organization 

21 (WHO) and its regional agencies; 

22 (L) the World Meteorological Organization 

23 (WMO); and 

24 (M) the World Intellectual Property Orga25 nization (WIPO). 
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1 SEC. 3. STATEMENT OF CONGRESS. 

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

3 is incumbent upon the United Nations to enact significant 

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

5 confidence necessary for it to achieve the laudable goals 

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

7 seeks to reform the United Nations. 

8 TITLE I—MISSION AND BUDGET 

9 OF THE UNITED NATIONS 

10 SEC. 101. UNITED STATES FINANCIAL CONTRIBUTIONS TO 

11 THE UNITED NATIONS. 

12 (a) STATEMENTS OF POLICY.— 

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

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

15 the United Nations to— 

16 (A) pursue a streamlined, efficient, and ac17 countable regular assessed budget of the United 

18 Nations; and 

19 (B) shift funding mechanisms of certain 

20 organizational programs of the United Nations 

21 specified under paragraph (4) from the regular 

22 assessed budget to voluntarily funded programs. 

23 (2) UNITED STATES CONTRIBUTIONS.—It shall 

24 be the policy of the United States to— 
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1 (A) redirect United States contributions to 

2 the United Nations to achieve the policy objec3 tives described in paragraph (1)(B); and 

4 (B) redirect a portion of funds from the 

5 following organizational programs to pursue the 

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

7 (i) Public Information. 

8 (ii) General Assembly affairs and con9 ference services. 

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

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

12 and influence at the United Nations to ensure that 

13 future biennial budgets of the United Nations, as 

14 agreed to by the General Assembly, reflect the shift 

15 in funding mechanisms described in paragraph 

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

17 paragraph (2). 

18 (4) CERTAIN ORGANIZATIONAL PROGRAMS.— 

19 The organizational programs referred to in para20 graph (1)(B) are the following: 

21 (A) Economic and social affairs. 

22 (B) Least-developed countries, landlocked 

23 developing countries and small island devel24 oping States. 
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1 (C) United Nations support for the New 

2 Partnership for Africa’s Development. 

3 (D) Trade and development. 

4 (E) International Trade Center UNCTAD/ 

5 WTO. 

6 (F) Environment. 

7 (G) Human settlements. 

8 (H) Crime prevention and criminal justice. 

9 (I) International drug control. 

10 (J) Economic and social development in 

11 Africa. 

12 (K) Economic and social development in 

13 Asia and the Pacific. 

14 (L) Economic development in Europe. 

15 (M) Economic and social development in in 

16 Latin America and the Caribbean. 

17 (N) Economic and social development in 

18 Western Asia. 

19 (O) Regular program of technical coopera20 tion. 

21 (P) Development account. 

22 (Q) Protection of and assistance to refu23 gees. 

24 (R) Palestine refugees. 
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1 (b) AUTHORIZATION WITH RESPECT TO THE REG2 ULAR ASSESSED BUDGET OF THE UNITED NATIONS.— 

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

4 Secretary of State is authorized to make contributions to5 ward the amount assessed to the United States by the 

6 United Nations for the purpose of funding the regular as7 sessed budget of the United Nations. 

8 (c) UNITED STATES FINANCIAL CONTRIBUTIONS TO

9 THE UNITED NATIONS.—Section 11 of the United Na10 tions Participation Act of 1945 (22 U.S.C. 287e-3) is 

11 amended to read as follows: 

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

13 THE UNITED NATIONS. 

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

15 THE REGULAR ASSESSED BUDGET OF THE UNITED NA16 TIONS.— 

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

18 the United States Permanent Representative to the 

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

20 of the United States at the United Nations to— 

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

22 accountable regular assessed budget of the 

23 United Nations; and 

24 ‘‘(B) shift funding mechanisms of certain 

25 organizational programs of the United Nations 
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1 specified under paragraph (2) of subsection (c) 

2 from the regular assessed budget to voluntarily 

3 funded programs. 

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

5 shall be the policy of the United States to— 

6 ‘‘(A) redirect United States contributions 

7 to the United Nations to achieve the policy ob8 jectives described in paragraph (1)(B); and 

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

10 following organizational programs to pursue the 

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

12 ‘‘(i) Public Information. 

13 ‘‘(ii) General Assembly affairs and 

14 conferences services. 

15 ‘‘(3) FUTURE BIENNIUM BUDGETS.— The 

16 President shall direct the United States Permanent 

17 Representative to the United Nations to use the 

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

19 United Nations to ensure that the shifting of fund20 ing mechanisms under paragraph (1)(B) and re21 directing of contributions under paragraph (2) be re22 flected in future resolutions agreed to by the General 

23 Assembly for the regular assessed budget of the 

24 United Nations for the period of a current biennium. 

25 To achieve the policies described in paragraphs (1) 
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1 and (2), the United States Permanent Representa2 tive to the United Nations shall withhold the support 

3 of the United States for a consensus for such budget 

4 until such time as such budget is reflective of such 

5 policies. 

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

7 section 601 of the United Nations Reform Act of 2005, 

8 the Secretary may not make a contribution to a regularly 

9 assessed biennial budget of the United Nations in an 

10 amount greater than 22 percent of the amount calculable 

11 under subsection (c). 

12 ‘‘(c) ANNUAL DUES.— 

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

14 the United States to the United Nations each fiscal 

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

16 be multiplied by one-half of the amount of the regu17 larly assessed budget of the United Nations for a 

18 current biennial period, as agreed to by resolution of 

19 the General Assembly. 

20 ‘‘(2) CALCULATION WITH RESPECT TO CERTAIN

21 ORGANIZATIONAL PROGRAMS FOR REDIRECTION.— 

22 The percentage specified in subsection (b) shall be 

23 multiplied by one-half of the sum of amounts budg24 eted by resolution of the General Assembly for a 
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1 current biennial period for the following certain or2 ganizational programs: 

3 ‘‘(A) Economic and social affairs. 

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

5 developing countries and small island devel6 oping States. 

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

8 Partnership for Africa’s Development. 

9 ‘‘(D) Trade and development. 

10 ‘‘(E) International Trade Center 

11 UNCTAD/WTO. 

12 ‘‘(F) Environment. 

13 ‘‘(G) Human settlements. 

14 ‘‘(H) Crime prevention and criminal jus15 tice. 

16 ‘‘(I) International drug control. 

17 ‘‘(J) Economic and social development in 

18 Africa. 

19 ‘‘(K) Economic and social development in 

20 Asia and the Pacific. 

21 ‘‘(L) Economic development in Europe. 

22 ‘‘(M) Economic and social development in 

23 in Latin America and the Caribbean. 

24 ‘‘(N) Economic and social development in 

25 Western Asia. 
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1 ‘‘(O) Regular program of technical co2 operation. 

3 ‘‘(P) Development account. 

4 ‘‘(Q) Protection of and assistance to refu5 gees. 

6 ‘‘(R) Palestine refugees. 

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

8 appropriated for contributions towards payment of 

9 regular assessed dues to the United Nations for 

10 2008 and each subsequent year, if the funding 

11 mechanisms of one or more of the organizational 

12 programs of the United Nations specified in para13 graph (2) have not been shifted from the regular as14 sessed budget to voluntarily funded programs in ac15 cordance with subsection (a)(1), the Secretary shall 

16 ensure that such amounts in each such fiscal year 

17 that are specified for each such organizational pro18 gram pursuant to the resolution agreed to by the 

19 General Assembly for the regular assessed budget of 

20 the United Nations for the period of a current bien21 nium are redirected from payment of the assessed 

22 amount for the regular assessed budget as follows: 

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

24 notification to Congress, the Secretary shall ex25 pend an amount, not to exceed 40 percent of 
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1 the amount specified for each such organiza2 tional program pursuant to the resolution 

3 agreed to by the General Assembly for the reg4 ular assessed budget of the United Nations for 

5 the period of a current biennium, as a contribu6 tion to an eligible organizational program speci7 fied in paragraph (4). 

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

9 notification to Congress, the Secretary shall ex10 pend the remaining amounts under this para11 graph to voluntarily funded United Nations spe12 cialized agencies, funds, or programs. 

13 ‘‘(4) ELIGIBLE ORGANIZATIONAL PROGRAMS.— 

14 The eligible organizational programs referred to in 

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

16 paragraph are the following: 

17 ‘‘(A) Internal oversight. 

18 ‘‘(B) Human rights. 

19 ‘‘(C) Humanitarian assistance. 

20 ‘‘(D) An organizational program specified 

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

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

23 ‘‘(5) EXPENDITURE OF REMAINING AMOUNTS

24 TO CERTAIN ORGANIZATION PROGRAMS.— 
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1 ‘‘(A) VOLUNTARY CONTRIBUTION.—Sub2 ject to not less than 30 days prior notification 

3 to Congress and the limitation specified under 

4 subparagraph (B), the Secretary is authorized 

5 to make a voluntary contribution to an organi6 zational program of the United Nations speci7 fied in subparagraphs (A) through (P) of para8 graph (2) of any amounts not contributed in a 

9 fiscal year to an eligible organizational program 

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

11 paragraph (4). 

12 ‘‘(B) 10 PERCENT LIMITATION.—A vol13 untary contribution under subparagraph (A) to 

14 an organizational program of the United Na15 tions specified in subparagraphs (A) through 

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

17 of the total contribution made under paragraph 

18 (3)(A). 

19 ‘‘(d) FURTHER CALCULATION WITH RESPECT TO

20 BUDGETS FOR PUBLIC INFORMATION AND GENERAL AS21 SEMBLY AFFAIRS AND CONFERENCE SERVICES.— 

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

23 may not make a contribution to a regularly assessed 

24 biennial budget of the United Nations in an amount 
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1 greater than 22 percent of the amount calculable 

2 under paragraph (2). 

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

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

5 by the United States to the United Nations 

6 each fiscal year, the percentage specified in 

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

8 the amount of the regularly assessed budget of 

9 the United Nations for a current biennial pe10 riod, as agreed to by resolution of the General 

11 Assembly. 

12 ‘‘(B) CALCULATION WITH RESPECT TO

13 PUBLIC INFORMATION AND GENERAL ASSEMBLY

14 AFFAIRS AND CONFERENCE SERVICES.—With 

15 respect to such United States annual dues, the 

16 percentage specified in paragraph (1) shall be 

17 multiplied by one-half of the sum of amounts 

18 budgeted by resolution of the General Assembly 

19 for the 2004–2005 biennial period for the fol20 lowing organizational programs: 

21 ‘‘(i) Public Information. 

22 ‘‘(ii) General Assembly affairs and 

23 conferences services. 

24 ‘‘(C) REDIRECTION OF FUNDS.— 
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1 ‘‘(i) IN GENERAL.—The President 

2 shall direct the United States Permanent 

3 Representative to the United Nations to 

4 make every effort, including the with5 holding of United States support for a con6 sensus budget of the United Nations, to 

7 reduce the budgets of the organizational 

8 programs specified in subparagraph (B) 

9 for 2007 by ten percent against the budg10 ets of such organizational programs for the 

11 2004–2005 biennial period. If the budgets 

12 of such organizational programs are not so 

13 reduced, 20 percent the amount deter14 mined under subparagraph (B) for con15 tributions towards payment of regular as16 sessed dues for 2007 shall be redirected 

17 from payment for the amount assessed for 

18 United States annual contributions to the 

19 regular assessed budget of the United Na20 tions. 

21 ‘‘(ii) SPECIFIC AMOUNTS.—The Sec22 retary shall make the amount determined 

23 under clause (i) available as a contribution 

24 to an eligible organizational program speci-
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1 fied in subparagraphs (A) through (C) of 

2 paragraph (4) of subsection (c). 

3 ‘‘(3) POLICY WITH RESPECT TO 2008–2009 BIEN4 NIAL PERIOD AND SUBSEQUENT BIENNIAL PERI5 ODS.— 

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

7 direct the United States Permanent Represent8 ative to the United Nations to make every ef9 fort, including the withholding of United States 

10 support for a consensus budget of the United 

11 Nations, to reduce the budgets of the organiza12 tional programs specified in subparagraph (B) 

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

14 period and each subsequent biennial period by 

15 20 percent against the budgets of such organi16 zational programs for the 2004–2005 biennial 

17 period. 

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

19 section 601, a certification shall be required 

20 that certifies that the reduction in budgets de21 scribed in subparagraph (A) has been imple22 mented.’’. 

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

24 subsection (c) shall take effect and apply beginning on Oc25 tober 1, 2006. 
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1 SEC. 102. WEIGHTED VOTING. 

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

3 pursue weighted voting with respect to all budgetary and 

4 financial matters in the Administrative and Budgetary 

5 Committee and in the General Assembly in accordance 

6 with the level of the financial contribution of a Member 

7 State to the regular assessed budget of the United Na8 tions. 

9 SEC. 103. BUDGET CERTIFICATION REQUIREMENTS. 

10 (a) CERTIFICATION.—In accordance with section 

11 601, a certification shall be required that certifies that the 

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

13 (b) CONDITIONS.—The conditions under this sub14 section are the following: 

15 (1) NEW BUDGET PRACTICES FOR THE UNITED

16 NATIONS.—The United Nations is implementing 

17 budget practices that— 

18 (A) require the maintenance of a budget 

19 not in excess of the level agreed to by the Gen20 eral Assembly at the beginning of each United 

21 Nations budgetary biennium, unless increases 

22 are agreed to by consensus and do not exceed 

23 ten percent; and 

24 (B) require the identification of expendi25 tures by the United Nations by functional cat-
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1 egories such as personnel, travel, and equip2 ment. 

3 (2) PROGRAM EVALUATION.— 

4 (A) EXISTING AUTHORITY.—The Secretary 

5 General and the Director General of each spe6 cialized agency have used their existing authori7 ties to require program managers within the 

8 United Nations Secretariat and the Secretariats 

9 of the specialized agencies to conduct evalua10 tions in accordance with the standardized meth11 odology referred to in subparagraph (B) of— 

12 (i) United Nations programs approved 

13 by the General Assembly; and 

14 (ii) programs of the specialized agen15 cies. 

16 (B) DEVELOPMENT OF EVALUATION CRI17 TERIA.— 

18 (i) UNITED NATIONS.—The Office of 

19 Internal Oversight Services has developed 

20 a standardized methodology for the evalua21 tion of United Nations programs approved 

22 by the General Assembly, including specific 

23 criteria for determining the continuing rel24 evance and effectiveness of the programs. 
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1 (ii) SPECIALIZED AGENCIES.—Pat2 terned on the work of the Office of Inter3 nal Oversight Services of the United Na4 tions, each specialized agency has devel5 oped a standardized methodology for the 

6 evaluation of the programs of the agency, 

7 including specific criteria for determining 

8 the continuing relevance and effectiveness 

9 of the programs. 

10 (C) REPORT.—The Secretary General is 

11 assessing budget requests and, on the basis of 

12 evaluations conducted under subparagraph (B) 

13 for the relevant preceding year, submits to the 

14 General Assembly a report containing the re15 sults of such evaluations, identifying programs 

16 that have satisfied the criteria for continuing 

17 relevance and effectiveness, and an identifica18 tion of programs that have not satisfied such 

19 criteria and should be terminated. 

20 (D) SUNSET OF PROGRAMS.—Consistent 

21 with the July 16, 1997, recommendations of the 

22 Secretary General regarding a sunset policy and 

23 results-based budgeting for United Nations pro24 grams, the United Nations and each specialized 

25 agency has established and is implementing 
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1 procedures to require all new programs ap2 proved by the General Assembly to have a spe3 cific sunset date. 

4 SEC. 104. ACCOUNTABILITY. 

5 (a) CERTIFICATION OF CREATION OF INDEPENDENT

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

7 certification shall be required that certifies that the fol8 lowing reforms related to the establishment of an Inde9 pendent Oversight Board (IOB) have been adopted by the 

10 United Nations: 

11 (1) An IOB is established from existing United 

12 Nations budgetary and personnel resources. Except 

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

14 independent entity within the United Nations and 

15 shall not be subject to budget authority or organiza16 tional authority of any entity within the United Na17 tions. 

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

19 who shall be nominated by the Secretary General 

20 and who shall be subject to Security Council ap21 proval by a majority vote. The IOB shall also consist 

22 of four other board members who shall be nominated 

23 by the Secretary General and subject to Security 

24 Council approval by a majority vote. The IOB shall 

25 be responsible to the Security Council and the Direc-
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1 tor and board members shall each serve terms of six 

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

3 be staggered so that no more than two board mem4 bers’ terms will expire in any one year. No board 

5 member may serve more than two terms. An IOB 

6 board member may be removed for cause by a ma7 jority vote of the Security Council. The Director 

8 shall appoint a professional staff headed by a Chief 

9 of Staff and may employ contract staff as needed. 

10 (3) The IOB shall receive operational and budg11 etary funding through appropriations by the General 

12 Assembly from existing levels of United Nations 

13 budgetary and personnel resources, and shall not be 

14 dependent upon any other entity, bureau, division, 

15 department, or specialized agency of the United Na16 tions for such funding. 

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

18 evaluate all operations of the United Nations, the 

19 primary mission of the IOB is to oversee the Office 

20 of Internal Oversight Services and the Board of Ex21 ternal Auditors. The IOB may direct the Office of 

22 Internal Oversight Services or the Board of External 

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

24 an investigation. Every three months or more fre25 quently when appropriate, the IOB shall submit, as 
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1 appropriate, to the Secretary General, the Security 

2 Council, the General Assembly, or the Economic and 

3 Social Council a report on its activities, relevant ob4 servations, and recommendations relating to its 

5 audit operations, including information relating to 

6 the inventory and status of investigations by the Of7 fice of Internal Oversight Services. 

8 (5) In extraordinary circumstances and with the 

9 concurrence of the Secretary General or the Security 

10 Council by majority vote, the IOB may augment the 

11 Office of Internal Oversight Services with a special 

12 investigator and staff consisting of individuals who 

13 are not employees of the United Nations, to inves14 tigate matters involving senior officials of the United 

15 Nations or of its specialized agencies when allega16 tions of serious misconduct have been made and 

17 such a special investigation is necessary to maintain 

18 public confidence in the integrity of the investiga19 tion. A special investigator and staff shall comply 

20 with all United Nations financial disclosure and con21 flict of interest rules, including the filing of an indi22 vidual Annual Financial Disclosure Form in accord23 ance with subsection (c). 
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1 (6) The IOB shall recommend annual budgets 

2 for the Office of Internal Oversight Services and the 

3 Board of External Auditors. 

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 six 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 six 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 six months after the date 

20 of the enactment of this Act, the Director shall es21 tablish 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 
29 

•HR 2745 IH 

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. 
30 

•HR 2745 IH 

1 (2) The UNEO shall receive operational and 

2 budgetary funding through appropriations by the 

3 General Assembly from existing levels of United Na4 tions budgetary and personnel resources and shall 

5 not be dependent upon any other entity, bureau, di6 vision, department, or specialized agency of the 

7 United Nations for such funding. 

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

9 than six months after the date of its establishment, 

10 publish a report containing proposals for imple11 menting a system for the filing and review of indi12 vidual Annual Financial Disclosure Forms by each 

13 employee of the United Nations, including by each 

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

15 and above and by all contractors and consultants 

16 compensated at any salary level. Such system shall 

17 be in place and operational not later than six 

18 months after the date of the publication of the re19 port. Such completed forms shall be made available 

20 to the Office of Internal Oversight Services at the 

21 request of the Director of the Office of Internal 

22 Oversight Services. Such system shall seek to iden23 tify and prevent conflicts of interest by United Na24 tions employees and shall be comparable to the sys25 tem used for such purposes by the United States 
31 

•HR 2745 IH 

1 Government. Such report shall also address broader 

2 reforms of the ethics program for the United Na3 tions, including— 

4 (A) the effect of the establishment of eth5 ics officers throughout all organizations within 

6 the United Nations; 

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

8 Annual Financial Disclosure Forms; 

9 (C) proposals for making completed An10 nual Financial Disclosure Forms available to 

11 the public on request through their Member 

12 State’s mission to the United Nations; 

13 (D) proposals for annual disclosure to the 

14 public of information related to the annual sala15 ries and payments, including pension payments 

16 and buyouts, of employees of the United Na17 tions, including employees of its specialized 

18 agencies, and of consultants; 

19 (E) proposals for annual disclosure to the 

20 public of information related to per diem rates 

21 for all bureaus, divisions, departments, or spe22 cialized agencies within the United Nations; 

23 (F) proposals for disclosure upon request 

24 by the Ambassador of a Member State of infor25 mation related to travel and per diem payments 
32 

•HR 2745 IH 

1 made from United Nations funds to any person; 

2 and 

3 (G) proposals for annual disclosure to the 

4 public of information related to travel and per 

5 diem rates and payments made from United 

6 Nations funds to any person. 

7 (d) CERTIFICATION OF UNITED NATIONS ESTAB8 LISHMENT OF POSITION OF CHIEF OPERATING OFFI9 CER.—In accordance with section 601, a certification shall 

10 be required that certifies that the following reforms re11 lated to the establishment of the position of a Chief Oper12 ating Officer have been adopted by the United Nations: 

13 (1) There is established the position of Chief 

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

15 the Secretary General. 

16 (2) The COO shall be responsible for formu17 lating general policies and programs for the United 

18 Nations in coordination with the Secretary General 

19 and in consultation with the Security Council and 

20 the General Assembly. The COO shall be responsible 

21 for the daily administration, operation and super22 vision, and the direction and control of the business 

23 of the United Nations. The Chief Operating Officer 

24 shall also perform such other duties and may exer-
33 

•HR 2745 IH 

1 cise such other powers as from time to time may be 

2 assigned to the COO by the Secretary General. 

3 (e) CERTIFICATION OF ACCESS BY MEMBER STATES

4 TO REPORTS AND AUDITS BY BOARD OF EXTERNAL

5 AUDITORS.—In accordance with section 601, a certifi6 cation shall be required that certifies that Member States 

7 may, upon request, have access to all reports and audits 

8 completed by the Board of External Auditors. 

9 SEC. 105. TERRORISM AND THE UNITED NATIONS. 

10 The President shall direct the United States Perma11 nent Representative to the United Nations to use the 

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

13 United Nations to work toward adoption by the General 

14 Assembly of— 

15 (1) a definition of terrorism that builds upon 

16 the recommendations of the Secretary General’s 

17 High-Level Panel on Threats, Challenges, and 

18 Change, and includes as an essential component of 

19 such definition any action that is intended to cause 

20 death or serious bodily harm to civilians with the 

21 purpose of intimidating a population or compelling a 

22 government or an international organization to do, 

23 or abstain from doing, any act; and 
34 

•HR 2745 IH 

1 (2) a comprehensive convention on terrorism 

2 that includes the definition described in paragraph 

3 (1). 

4 SEC. 106. UNITED NATIONS TREATY BODIES. 

5 The United States shall withhold from United States 

6 contributions to the regular assessed budget of the United 

7 Nations for a biennial period amounts that are propor8 tional to the percentage of such budget that are expended 

9 with respect to a United Nations human rights treaty 

10 monitoring body or committee that was established by— 

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

12 international covenant (without any protocols) to 

13 which the United States is not party; or 

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

15 the United States is a party to neither. 

16 SEC. 107. EQUALITY AT THE UNITED NATIONS. 

17 (a) INCLUSION OF ISRAEL IN WEOG.— 

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

19 the United States Permanent Representative to the 

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

21 of the United States to expand the Western Euro22 pean and Others Group (WEOG) in the United Na23 tions to include Israel as a permanent member with 

24 full rights and privileges. 
35 

•HR 2745 IH 

1 (2) NOTIFICATION TO CONGRESS.—Not later 

2 than six months after the date of the enactment of 

3 this Act and every six months thereafter for the next 

4 two years, the Secretary of State shall notify the ap5 propriate congressional committees concerning the 

6 treatment of Israel in the United Nations and the 

7 expansion of WEOG to include Israel as a perma8 nent member. 

9 (b) DEPARTMENT OF STATE REVIEW AND RE10 PORT.— 

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

12 and funding with respect to Palestinian interests 

13 and to ensure balance in the approach to Israeli– 

14 Palestinian issues, the Secretary shall, not later than 

15 60 days after the date of the enactment of this 

16 Act— 

17 (A) conduct an audit of the functions of 

18 the entities listed in paragraph (2); and 

19 (B) submit to the appropriate congres20 sional committees a report containing rec21 ommendations for the elimination of such dupli22 cative entities and efforts. 

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

24 paragraph (1) are the following: 
36 

•HR 2745 IH 

1 (A) The United Nations Division for Pales2 tinian Rights. 

3 (B) The Committee on the Exercise of the 

4 Inalienable Rights of the Palestinian People. 

5 (C) The United Nations Special Coordi6 nator for the Middle East Peace Process and 

7 Personal Representative to the Palestine Lib8 eration Organization and the Palestinian Au9 thority. 

10 (D) The NGO Network on the Question of 

11 Palestine. 

12 (c) IMPLEMENTATION BY PERMANENT REPRESENTA13 TIVE.— 

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

15 the United States Permanent Representative to the 

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

17 of the United States at the United Nations to seek 

18 the implementation of the recommendations con19 tained in the report required under subsection 

20 (b)(1). 

21 (2) WITHHOLDING OF FUNDS.—Until such rec22 ommendations have been implemented, the United 

23 States shall withhold from United States contribu24 tions to the regular assessed budget of the United 

25 Nations for a biennial period amounts that are pro-
37 

•HR 2745 IH 

1 portional to the percentage of such budget that are 

2 expended for such entities. 

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

4 United States of the Government Accountability Office 

5 shall conduct an audit of— 

6 (1) the status of the implementation of the rec7 ommendations contained in the report required 

8 under subsection (b)(1); and 

9 (2) United States actions and achievements 

10 under subsection (c). 

11 SEC. 108. REPORT ON UNITED NATIONS REFORM. 

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

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

14 the Secretary shall submit to the appropriate congres15 sional committees a report on United Nations reform since 

16 1990. 

17 (b) CONTENTS.—The report required under para18 graph (1) shall describe— 

19 (1) the status of the implementation of manage20 ment reforms within the United Nations and its spe21 cialized agencies; 

22 (2) the number of outputs, reports, or other 

23 items generated by General Assembly resolutions 

24 that have been eliminated; 
38 

•HR 2745 IH 

1 (3) the progress of the General Assembly to 

2 modernize and streamline the committee structure 

3 and its specific recommendations on oversight and 

4 committee outputs, consistent with the March 2005 

5 report of the Secretary General entitled ‘‘In larger 

6 freedom: towards development, security and human 

7 rights for all’’; 

8 (4) the status of the review by the General As9 sembly of all mandates older than five years and 

10 how resources have been redirected to new chal11 lenges, consistent with such March 2005 report of 

12 the Secretary General; and 

13 (5) the continued utility and relevance of the 

14 Economic and Financial Committee and the Social, 

15 Humanitarian, and Cultural Committee, in light of 

16 the duplicative agendas of those committees and the 

17 Economic and Social Council. 

18 SEC. 109. REPORT ON UNITED NATIONS PERSONNEL. 

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

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

21 shall submit to the appropriate congressional committees 

22 a report— 

23 (1) concerning the progress of the General As24 sembly to modernize human resource practices, con25 sistent with the March 2005 report of the Secretary 
39 

•HR 2745 IH 

1 General entitled ‘‘In larger freedom: towards devel2 opment, security and human rights for all’’; and 

3 (2) containing the information described in sub4 section (b). 

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

6 (1) a comprehensive evaluation of human re7 sources reforms at the United Nations, including an 

8 evaluation of— 

9 (A) tenure; 

10 (B) performance reviews; 

11 (C) the promotion system; 

12 (D) a merit-based hiring system and en13 hanced regulations concerning termination of 

14 employment of employees; and 

15 (E) the implementation of a code of con16 duct and ethics training. 

17 (2) the implementation of a system of proce18 dures for filing complaints and protective measures 

19 for work-place harassment, including sexual harass20 ment; 

21 (3) policy recommendations relating to the es22 tablishment of a rotation requirement for non23 administrative positions; 

24 (4) policy recommendations relating to the es25 tablishment of a prohibition preventing personnel 
40 

•HR 2745 IH 

1 and officials assigned to the mission of a Member 

2 State to the United Nations from transferring to a 

3 position within the United Nations Secretariat that 

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

5 (5) policy recommendations relating to a reduc6 tion in travel allowances and attendant oversight 

7 with respect to accommodations and airline flights; 

8 and 

9 (6) an evaluation of the recommendations of the 

10 Secretary General relating to greater flexibility for 

11 the Secretary General in staffing decisions to accom12 modate changing priorities. 

13 TITLE II—HUMAN RIGHTS AND 

14 THE ECONOMIC AND SOCIAL 

15 COUNCIL (ECOSOC) 

16 SEC. 201. HUMAN RIGHTS. 

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

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

19 at the United Nations to ensure that a credible and re20 spectable Human Rights Council or other human rights 

21 body is established within the United Nations whose par22 ticipating Member States uphold the values embodied in 

23 the Universal Declaration of Human Rights. 

24 (b) HUMAN RIGHTS REFORMS AT THE UNITED NA25 TIONS.—The President shall direct the United States Per-
41 

•HR 2745 IH 

1 manent Representative to the United Nations to ensure 

2 that the following human rights reforms have been adopt3 ed by the United Nations: 

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

5 values embodied in the Universal Declaration of 

6 Human Rights shall be ineligible for membership on 

7 any United Nations human rights body. 

8 (2) A Member State shall be ineligible for mem9 bership on any United Nations human rights body 

10 if such Member State is— 

11 (A) subject to sanctions by the Security 

12 Council; or 

13 (B) under a Security Council-mandated in14 vestigation for human rights abuses. 

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

16 an adopted country specific resolution, in the prin17 cipal body in the United Nations for the promotion 

18 and protection of human rights, relating to human 

19 rights abuses perpetrated by the government of such 

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

21 such an adopted country specific resolution in such 

22 principal body within the previous three years, shall 

23 be ineligible for membership on any United Nations 

24 human rights body. For purposes of this subsection, 
42 

•HR 2745 IH 

1 an adopted country specific resolution shall not in2 clude consensus resolutions on advisory services. 

3 (4) A Member State that violates the principles 

4 of a United Nations human rights body to which it 

5 aspires to join shall be ineligible for membership on 

6 such body. 

7 (5) No human rights body has a standing agen8 da item that relates only to one country or region. 

9 (c) CERTIFICATION.—In accordance with section 

10 601, a certification shall be required that certifies that the 

11 human rights reforms described under subsection (b) have 

12 been adopted by the United Nations. 

13 (d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ MO14 TIONS.—The United States Permanent Representative 

15 shall work to prevent abuse of ‘‘no action’’ motions, par16 ticularly as such motions relate to country specific resolu17 tions. 

18 (e) OFFICE OF THE UNITED NATIONS HIGH COMMIS19 SIONER FOR HUMAN RIGHTS.— 

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

21 policy of the United States to continue to strongly 

22 support the Office of the United Nations High Com23 missioner for Human Rights. 

24 (2) CERTIFICATION.—In accordance with sec25 tion 601, a certification shall be required that cer-
43 

•HR 2745 IH 

1 tifies that the Office of the United Nations High 

2 Commissioner for Human Rights has been given 

3 greater authority in field operation activities, such 

4 as in the Darfur region of Sudan and in the Demo5 cratic Republic of the Congo, in furtherance of the 

6 purpose and mission of the United Nations. 

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. 
44 

•HR 2745 IH 

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 TITLE III—INTERNATIONAL 

6 ATOMIC ENERGY AGENCY 

7 SEC. 301. INTERNATIONAL ATOMIC ENERGY AGENCY. 

8 (a) ENFORCEMENT AND COMPLIANCE.— 

9 (1) OFFICE OF COMPLIANCE.— 

10 (A) ESTABLISHMENT.—The President 

11 shall direct the United States Permanent Rep12 resentative to International Atomic Energy 

13 Agency (IAEA) to use the voice, vote, and influ14 ence of the United States at the IAEA to estab15 lish an Office of Compliance in the Secretariat 

16 of the IAEA. 

17 (B) OPERATION.—The Office of Compli18 ance shall— 

19 (i) function as an independent body 

20 composed of technical experts who shall 

21 work in consultation with IAEA inspectors 

22 to assess compliance by IAEA Member 

23 States and provide recommendations to the 

24 IAEA Board of Governors concerning pen25 alties to be imposed on IAEA Member 
45 

•HR 2745 IH 

1 States that fail to fulfill their obligations 

2 under IAEA Board resolutions; 

3 (ii) base its assessments and rec4 ommendations on IAEA inspection reports; 

5 and 

6 (iii) shall take into consideration in7 formation provided by IAEA Board Mem8 bers that are one of the five nuclear weap9 ons states as recognized by the Treaty on 

10 the Non-Proliferation of Nuclear Weapons 

11 (21 UST 483) (commonly referred to as 

12 the ‘‘Nuclear Nonproliferation Treaty’’ or 

13 the ‘‘NPT’’). 

14 (C) STAFFING.—The Office of Compliance 

15 shall be staffed from existing personnel in the 

16 Department of Safeguards of the IAEA or the 

17 Department of Nuclear Safety and Security of 

18 the IAEA. 

19 (2) SPECIAL COMMITTEE ON SAFEGUARDS AND

20 VERIFICATION.— 

21 (A) ESTABLISHMENT.—The President 

22 shall direct the United States Permanent Rep23 resentative to the IAEA to use the voice, vote, 

24 and influence of the United States at the IAEA 
46 

•HR 2745 IH 

1 to establish a Special Committee on Safeguards 

2 and Verification. 

3 (B) RESPONSIBILITIES.—The Special 

4 Committee shall— 

5 (i) improve the ability of the IAEA to 

6 monitor and enforce compliance by Mem7 ber States of the IAEA with the Nuclear 

8 Nonproliferation Treaty and the Statute of 

9 the International Atomic Energy Agency; 

10 and 

11 (ii) consider which additional meas12 ures are necessary to enhance the ability of 

13 the IAEA, beyond the verification mecha14 nisms and authorities contained in the Ad15 ditional Protocol to the Safeguards Agree16 ments between the IAEA and Member 

17 States of the IAEA, to detect with a high 

18 degree of confidence undeclared nuclear ac19 tivities by a Member State. 

20 (3) PENALTIES.— 

21 (A) IN GENERAL.—The President shall di22 rect the United States Permanent Representa23 tive to the IAEA to use the voice, vote, and in24 fluence of the United States at the IAEA to en25 sure that a Member State of the IAEA that is 
47 

•HR 2745 IH 

1 under investigation for a breach of or non2 compliance with its IAEA obligations or the 

3 purposes and principles of the Charter of the 

4 United Nations has its privileges suspended, in5 cluding— 

6 (i) limiting its ability to vote on its 

7 case; 

8 (ii) being prevented from receiving 

9 any technical assistance; and 

10 (iii) being prevented from hosting 

11 meetings. 

12 (B) TERMINATION OF PENALTIES.—The 

13 penalties specified under subparagraph (A) 

14 shall be terminated when such investigation is 

15 concluded and such Member State is no longer 

16 in such breach or noncompliance. 

17 (b) UNITED STATES CONTRIBUTIONS.— 

18 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

19 contributions of the United States to the IAEA 

20 should primarily be used to fund activities relating 

21 to Nuclear Safety and Security or activities relating 

22 to Nuclear Verification. 

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

24 President shall direct the United States Permanent 
48 

•HR 2745 IH 

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

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

3 (A) ensure that funds for safeguards in4 spections are prioritized for countries that have 

5 newly established nuclear programs or are initi6 ating nuclear programs; and 

7 (B) block the allocation of funds for any 

8 other IAEA development, environmental, or nu9 clear science assistance or activity to a coun10 try— 

11 (i) the government of which the Sec12 retary of State has determined, for pur13 poses of section 6(j) of the Export Admin14 istration Act of 1979, section 620A of the 

15 Foreign Assistance Act of 1961, section 40 

16 of the Arms Export Control Act, or other 

17 provision of law, is a government that has 

18 repeatedly provided support for acts of 

19 international terrorism and the government 

20 of which the Secretary has determined has 

21 not dismantled and surrendered its weap22 ons of mass destruction programs under 

23 international verification; 

24 (ii) that is under investigation for a 

25 breach of or noncompliance with its IAEA 
49 

•HR 2745 IH 

1 obligations or the purposes and principles 

2 of the Charter of the United Nations; or 

3 (iii) that is in violation of its IAEA 

4 obligations or the purposes and principles 

5 of the Charter of the United Nations. 

6 (3) DETAIL OF EXPENDITURES.—The Presi7 dent shall direct the United States Permanent Rep8 resentative to the IAEA to use the voice, vote, and 

9 influence of the United States at the IAEA to se10 cure, as part of the regular budget presentation of 

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

12 breakdown by country of expenditures of the IAEA 

13 for safeguards inspections and nuclear security ac14 tivities. 

15 (c) MEMBERSHIP.— 

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

17 the United States Permanent Representative to the 

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

19 United States at the IAEA to block the membership 

20 on the Board of Governors of the IAEA for a Mem21 ber State of the IAEA that has not signed and rati22 fied the Additional Protocol and— 

23 (A) is under investigation for a breach of 

24 or noncompliance with its IAEA obligations or 
50 

•HR 2745 IH 

1 the purposes and principles of the Charter of 

2 the United Nations; or 

3 (B) that is in violation of its IAEA obliga4 tions or the purposes and principles of the 

5 Charter of the United Nations. 

6 (2) CRITERIA.—The United States Permanent 

7 Representative to the IAEA shall make every effort 

8 to modify the criteria for Board membership to re9 flect the principles described in paragraph (1). 

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

11 date of the enactment of this Act and annually for two 

12 years thereafter, the President shall submit to the appro13 priate congressional committees a report on the implemen14 tation of this section. 

15 SEC. 302. SENSE OF CONGRESS REGARDING THE NUCLEAR 

16 SECURITY ACTION PLAN OF THE IAEA. 

17 It is the sense of Congress that the national security 

18 interests of the United States are enhanced by the Nuclear 

19 Security Action Plan of the IAEA and the Board of Gov20 ernors should recommend, and the General Conference 

21 should adopt, a resolution incorporating the Nuclear Secu22 rity Action Plan into the regular budget of the IAEA. 
51 

•HR 2745 IH 

1 TITLE IV—PEACEKEEPING 

2 SEC. 401. SENSE OF CONGRESS REGARDING REFORM OF 

3 UNITED NATIONS PEACEKEEPING OPER4 ATIONS. 

5 It is the sense of Congress that— 

6 (1) although United Nations peacekeeping oper7 ations have contributed greatly toward the pro8 motion of peace and stability for the past 57 years 

9 and the majority of peacekeeping personnel who 

10 have served under the United Nations flag have 

11 done so with honor and courage, the record of 

12 United Nations peacekeeping has been severely tar13 nished by operational failures and unconscionable 

14 acts of misconduct; and 

15 (2) if the reputation of and confidence in 

16 United Nations peacekeeping operations is to be re17 stored, fundamental and far-reaching reforms, par18 ticularly in the areas of planning, management, 

19 training, conduct, and discipline, must be imple20 mented without delay. 
52 

•HR 2745 IH 

1 SEC. 402. STATEMENT OF POLICY RELATING TO REFORM 

2 OF UNITED NATIONS PEACEKEEPING OPER3 ATIONS. 

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

5 reform of United Nations peacekeeping operations in the 

6 following areas: 

7 (1) PLANNING AND MANAGEMENT.— 

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

9 and number of United Nations peacekeeping 

10 operations have increased substantially over the 

11 past decade, an independent audit of each such 

12 operation, with a view toward ‘‘right-sizing’’ op13 erations and ensuring that such operations are 

14 cost effective, should be conducted and its find15 ings reported to the Security Council. 

16 (B) REVIEW OF MANDATES AND CLOSING

17 OPERATIONS.—In conjunction with the audit 

18 described in subparagraph (A), the United Na19 tions Department of Peacekeeping Operations 

20 should conduct a comprehensive review of all 

21 United Nations peacekeeping operation man22 dates, with a view toward identifying objectives 

23 that are practical and achievable, and report its 

24 findings to the Security Council. In particular, 

25 the review should consider the following: 
53 

•HR 2745 IH 

1 (i) Activities that fall beyond the 

2 scope of traditional peacekeeping activities 

3 should be delegated to a new Peacebuilding 

4 Commission, described in paragraph (3). 

5 (ii) Long-standing operations that are 

6 static and cannot fulfill their mandate 

7 should be downsized or closed. 

8 (iii) Where there is legitimate concern 

9 that the withdrawal from a country of an 

10 otherwise static United Nations peace11 keeping operation would result in the re12 sumption of major conflict, a burden-shar13 ing arrangement that reduces the level of 

14 assessed contributions, similar to that cur15 rently supporting the United Nations 

16 Peacekeeping Force in Cyprus, should be 

17 explored and instituted. 

18 (C) LEADERSHIP.—As peacekeeping oper19 ations become larger and increasingly complex, 

20 the Secretariat should adopt a minimum stand21 ard of qualifications for senior leaders and 

22 managers, with particular emphasis on specific 

23 skills and experience, and current senior leaders 

24 and managers who do not meet those standards 

25 should be removed or reassigned. 
54 

•HR 2745 IH 

1 (D) PRE-DEPLOYMENT TRAINING.—Pre2 deployment training on interpretation of the 

3 mandate of the operation, specifically in the 

4 areas of use of force, civilian protection and 

5 field conditions, the Code of Conduct, HIV/ 

6 AIDS, and human rights should be mandatory, 

7 and all personnel, regardless of category or 

8 rank, should be required to sign an oath that 

9 each has received and understands such train10 ing as a condition of participation in the oper11 ation. 

12 (2) CONDUCT AND DISCIPLINE.— 

13 (A) ADOPTION OF A UNIFORM CODE OF

14 CONDUCT.—A single, uniform Code of Conduct 

15 that has the status of a binding rule and ap16 plies equally to all personnel serving in United 

17 Nations peacekeeping operations, regardless of 

18 category or rank, should be promulgated, adopt19 ed, and enforced. 

20 (B) UNDERSTANDING THE CODE OF CON21 DUCT.—All personnel, regardless of category or 

22 rank, should receive training on the Code of 

23 Conduct prior to deployment with a peace24 keeping operation, in addition to periodic fol25 low-on training. In particular— 
55 

•HR 2745 IH 

1 (i) all personnel, regardless of cat2 egory or rank, should be provided with a 

3 personal copy of the Code of Conduct that 

4 has been translated into the national lan5 guage of such personnel, regardless of 

6 whether such language is an official lan7 guage of the United Nations; 

8 (ii) all personnel, regardless of cat9 egory or rank, should sign an oath that 

10 each has received a copy of the Code of 

11 Conduct, that each pledges to abide by the 

12 Code of Conduct, and that each under13 stands the consequences of violating the 

14 Code of Conduct, including immediate ter15 mination of the participation of such per16 sonnel in the peacekeeping operation to 

17 which such personnel is assigned as a con18 dition of appointment to such operation; 

19 and 

20 (iii) peacekeeping operations should 

21 conduct educational outreach programs to 

22 reach local communities where peace23 keeping personnel of such operations are 

24 based, including explaining prohibited acts 

25 on the part of United Nations peace-
56 

•HR 2745 IH 

1 keeping personnel and identifying the indi2 vidual to whom the local population may 

3 direct complaints or file allegations of ex4 ploitation, abuse, or other acts of mis5 conduct. 

6 (C) MONITORING MECHANISMS.—Dedi7 cated monitoring mechanisms, such as the Per8 sonnel Conduct Units already deployed to sup9 port United Nations peacekeeping operations in 

10 Haiti, Liberia, Burundi, and the Democratic 

11 Republic of Congo, should be present in each 

12 operation to monitor compliance with the Code 

13 of Conduct, and— 

14 (i) should report simultaneously to the 

15 Head of Mission, the United Nations De16 partment of Peacekeeping Operations, and 

17 the Associate Director of OIOS for Peace18 keeping Operations (established under sec19 tion 104(b)(10)); and 

20 (ii) should be tasked with designing 

21 and implementing mission-specific meas22 ures to prevent misconduct, conduct follow23 on training for personnel, coordinate com24 munity outreach programs, and assist in 
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1 investigations, as OIOS determines nec2 essary and appropriate. 

3 (D) INVESTIGATIONS.—A permanent, pro4 fessional, and independent investigative body 

5 should be established and introduced into 

6 United Nations peacekeeping operations. In 

7 particular— 

8 (i) the investigative body should in9 clude professionals with experience in in10 vestigating sex crimes, as well as experts 

11 who can provide guidance on standards of 

12 proof and evidentiary requirements nec13 essary for any subsequent legal action; 

14 (ii) provisions should be included in a 

15 Model Memorandum of Understanding 

16 that obligate Member States that con17 tribute troops to a peacekeeping operation 

18 to designate a military prosecutor who will 

19 participate in any investigation into an al20 legation of misconduct brought against an 

21 individual of such Member State, so that 

22 evidence is collected and preserved in a 

23 manner consistent with the military law of 

24 such Member State; 
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1 (iii) the investigative body should be 

2 regionally based to ensure rapid deploy3 ment and should be equipped with modern 

4 forensics equipment for the purpose of 

5 positively identifying perpetrators and, 

6 where necessary, for determining paternity; 

7 and 

8 (iv) the investigative body should re9 port directly to the Associate Director of 

10 OIOS for Peacekeeping Operations, while 

11 providing copies of any reports to the De12 partment of Peacekeeping Operations, the 

13 Head of Mission, and the Member State 

14 concerned. 

15 (E) FOLLOW-UP.—A dedicated unit, simi16 lar to the Personnel Conduct Units, staffed and 

17 funded through existing resources, should be es18 tablished within the headquarters of the United 

19 Nations Department of Peacekeeping Oper20 ations and tasked with— 

21 (i) promulgating measures to prevent 

22 misconduct; 

23 (ii) coordinating allegations of mis24 conduct, and reports received by field per25 sonnel; and 
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1 (iii) gathering follow-up information 

2 on completed investigations, particularly by 

3 focusing on disciplinary actions against the 

4 individual concerned taken by the United 

5 Nations or by the Member State that is 

6 contributing troops to which such indi7 vidual belongs, and sharing such informa8 tion with the Security Council, the Head of 

9 Mission, and the community hosting the 

10 peacekeeping operation. 

11 (F) FINANCIAL LIABILITY AND VICTIMS

12 ASSISTANCE.—Although peacekeeping oper13 ations should provide immediate medical assist14 ance to victims of sexual abuse or exploitation, 

15 the responsibility for providing longer-term 

16 treatment, care, or restitution lies solely with 

17 the individual found guilty of the misconduct. 

18 In particular, the following reforms should be 

19 implemented: 

20 (i) The United Nations should not as21 sume responsibility for providing long-term 

22 treatment or compensation by creating a 

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

24 similar fund, financed through assessed 

25 contributions to United Nations peace-
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1 keeping operations, thereby shielding indi2 viduals from personal liability and rein3 forcing an atmosphere of impunity. 

4 (ii) If an individual responsible for 

5 misconduct has been repatriated, reas6 signed, redeployed, or is otherwise unable 

7 to provide assistance, responsibility for 

8 providing assistance to a victim should be 

9 assigned to the Member State that contrib10 uted the troops to which such individual 

11 belonged or to the manager concerned. 

12 (iii) In the case of misconduct by a 

13 member of a military contingent, appro14 priate funds shall be withheld from the 

15 troop contributing country concerned. 

16 (iv) In the case of misconduct by a ci17 vilian employee or contractor of the United 

18 Nations, appropriate wages shall be gar19 nished from such individual or fines shall 

20 be imposed against such individual, con21 sistent with existing United Nations Staff 

22 Rules. 

23 (G) MANAGERS AND COMMANDERS.—The 

24 manner in which managers and commanders 

25 handle cases of misconduct by those serving 
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1 under them should be included in their indi2 vidual performance evaluations, so that man3 agers and commanders who take decisive action 

4 to deter and address misconduct are rewarded, 

5 while those who create a permissive environ6 ment or impede investigations are penalized or 

7 relieved of duty, as appropriate. 

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

9 should be created and maintained within the 

10 United Nations Department of Peacekeeping 

11 Operations to track cases of misconduct, includ12 ing the outcome of investigations and subse13 quent prosecutions, to ensure that personnel 

14 who have engaged in misconduct or other crimi15 nal activities, regardless of category or rank, 

16 are permanently barred from participation in 

17 future peacekeeping operations. 

18 (I) WELFARE.—Peacekeeping operations 

19 should assume responsibility for maintaining a 

20 minimum standard of welfare for mission per21 sonnel to ameliorate conditions of service, while 

22 adjustments are made to the discretionary wel23 fare payments currently provided to Member 

24 States that contribute troops to offset the cost 

25 of operation-provided recreational facilities. 
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1 (3) PEACEBUILDING COMMISSION.— 

2 (A) ESTABLISHMENT.—Consistent with 

3 the recommendations of the High Level Panel 

4 Report, the United Nations should establish a 

5 Peacebuilding Commission, supported by a 

6 Peacebuilding Support Office, to marshal the 

7 efforts of the United Nations, international fi8 nancial institutions, donors, and non-govern9 mental organizations to assist countries in tran10 sition from war to peace. 

11 (B) STRUCTURE AND MEMBERSHIP.—The 

12 Commission should— 

13 (i) be a subsidiary body of the United 

14 Nations Security Council, limited in size to 

15 ensure efficiency; 

16 (ii) include members of the United 

17 Nations Security Council, major donors, 

18 major troop contributing countries, appro19 priate United Nations organizations, the 

20 World Bank, and the International Mone21 tary Fund; and 

22 (iii) invite the President of ECOSOC, 

23 regional actors, Member States that con24 tribute troops, regional development banks, 

25 and other concerned parties that are not 
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•HR 2745 IH 

1 already members, as determined appro2 priate, to consult or participate in meet3 ings as observers. 

4 (C) RESPONSIBILITIES.—The Commission 

5 should seek to ease the demands currently 

6 placed upon the Department of Peacekeeping 

7 Operations to undertake tasks that fall beyond 

8 the scope of traditional peacekeeping, by— 

9 (i) developing and integrating coun10 try-specific and system-wide conflict pre11 vention, post-conflict reconstruction, and 

12 long-term development policies and strate13 gies; and 

14 (ii) serving as the key coordinating 

15 body for the design and implementation of 

16 military, humanitarian, and civil adminis17 tration aspects of complex missions. 

18 (D) RESOURCES.—The establishment of 

19 the Peacebuilding Commission and the related 

20 Peacebuilding Support Office, should be staffed 

21 within existing resources. 

22 SEC. 403. CERTIFICATION. 

23 (a) NEW OR EXPANDED PEACEKEEPING OPER24 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI25 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 
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1 (1) NO NEW OR EXPANDED PEACEKEEPING OP2 ERATIONS.— 

3 (A) CERTIFICATION.—Except as provided 

4 in subparagraph (B), until the Secretary of 

5 State certifies that the requirements described 

6 in paragraph (2) have been satisfied, the Presi7 dent shall direct the United States Permanent 

8 Representative to the United Nations to use the 

9 voice, vote, and influence of the United States 

10 at the United Nations to oppose the creation of 

11 new, or expansion of existing, United Nations 

12 peacekeeping operations. 

13 (B) EXCEPTION AND NOTIFICATION.—The 

14 requirements described under subparagraphs 

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

16 until January 1, 2007, if the President deter17 mines that such is in the national interest of 

18 the United States. If the President makes such 

19 a determination, the President shall, not later 

20 than 15 days before the exercise of such waiver, 

21 notify the appropriate congressional committees 

22 of such determination and resulting waiver. 

23 (2) CERTIFICATION OF PEACEKEEPING OPER24 ATIONS REFORMS.—The certification referred to in 

25 paragraph (1) is a certification made by the Sec-
65 

•HR 2745 IH 

1 retary to the appropriate congressional committees 

2 that the following reforms, or an equivalent set of 

3 reforms, related to peacekeeping operations have 

4 been adopted by the United Nations Department of 

5 Peacekeeping Operations or the General Assembly, 

6 as appropriate: 

7 (A) A single, uniform Code of Conduct 

8 that has the status of a binding rule and ap9 plies equally to all personnel serving in United 

10 Nations peacekeeping operations, regardless of 

11 category or rank, has been adopted by the Gen12 eral Assembly and mechanisms have been estab13 lished for training such personnel concerning 

14 the requirements of the Code and enforcement 

15 of the Code. 

16 (B) All personnel, regardless of category or 

17 rank, serving in a peacekeeping operation have 

18 been trained concerning the requirements of the 

19 Code of Conduct and each has been given a per20 sonal copy of the Code, translated into the na21 tional language of such personnel. 

22 (C) All personnel, regardless of category or 

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

24 received a copy of the Code of Conduct, that 

25 each pledges to abide by the Code, and that 
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•HR 2745 IH 

1 each understands the consequences of violating 

2 the Code, including the immediate termination 

3 of the participation of such personnel in the 

4 peacekeeping operation to which such personnel 

5 is assigned as a condition of the appointment to 

6 such operation. 

7 (D) All peacekeeping operations have de8 signed and implemented educational outreach 

9 programs to reach local communities where 

10 peacekeeping personnel of such operations are 

11 based to explain prohibited acts on the part of 

12 United Nations peacekeeping personnel and to 

13 identify the individual to whom the local popu14 lation may direct complaints or file allegations 

15 of exploitation, abuse, or other acts of mis16 conduct. 

17 (E) A centralized data base has been cre18 ated and is being maintained in the United Na19 tions Department of Peacekeeping Operations 

20 that tracks cases of misconduct, including the 

21 outcomes of investigations and subsequent pros22 ecutions, to ensure that personnel, regardless of 

23 category or rank, who have engaged in mis24 conduct or other criminal activities are perma-
67 

•HR 2745 IH 

1 nently barred from participation in future 

2 peacekeeping operations. 

3 (F) A Model Memorandum of Under4 standing between the United Nations and each 

5 Member State that contributes troops to a 

6 peacekeeping operation has been adopted by the 

7 United Nations Department of Peacekeeping 

8 Operations that specifically obligates each such 

9 Member State to— 

10 (i) designate a competent legal au11 thority, preferably a prosecutor with exper12 tise in the area of sexual exploitation and 

13 abuse, to participate in any investigation 

14 into an allegation of misconduct brought 

15 against an individual of such Member 

16 State; 

17 (ii) refer to its competent national or 

18 military authority for possible prosecution, 

19 if warranted, any investigation of a viola20 tion of the Code of Conduct or other crimi21 nal activity by an individual of such Mem22 ber State; 

23 (iii) report to the Department of 

24 Peacekeeping Operations on the outcome 

25 of any such investigation; 
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•HR 2745 IH 

1 (iv) undertake to conduct on-site court 

2 martial proceedings relating to allegations 

3 of misconduct alleged against an individual 

4 of such Member State; and 

5 (v) assume responsibility for the pro6 vision of appropriate assistance to a victim 

7 of misconduct committed by an individual 

8 of such Member State. 

9 (G) A professional and independent inves10 tigative and audit function has been established 

11 within the United Nations Department of 

12 Peacekeeping Operations and the OIOS to mon13 itor United Nations peacekeeping operations. 

14 TITLE V—DEPARTMENT OF 

15 STATE AND GOVERNMENT AC16 COUNTABILITY OFFICE 

17 SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT 

18 INTERNATIONAL ORGANIZATIONS. 

19 The Secretary of State shall make every effort to re20 cruit United States citizens for positions within inter21 national organizations. 

22 SEC. 502. BUDGET JUSTIFICATION FOR REGULAR AS23 SESSED BUDGET OF THE UNITED NATIONS. 

24 (a) DETAILED ITEMIZATION.—The annual congres25 sional budget justification shall include a detailed itemized 
69 

•HR 2745 IH 

1 request in support of the assessed contribution of the 

2 United States to the regular assessed budget of the United 

3 Nations. 

4 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

5 detailed itemization required under subsection (a) shall— 

6 (1) contain information relating to the amounts 

7 requested in support of each of the various sections 

8 and titles of the regular assessed budget of the 

9 United Nations; and 

10 (2) compare the amounts requested for the cur11 rent year with the actual or estimated amounts con12 tributed by the United States in previous fiscal years 

13 for the same sections and titles. 

14 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

15 United Nations proposes an adjustment to its regular as16 sessed budget, the Secretary of State shall, at the time 

17 such adjustment is presented to the Advisory Committee 

18 on Administrative and Budgetary Questions (ACABQ), 

19 notify and consult with the appropriate congressional com20 mittees. 

21 SEC. 503. REVIEW AND REPORT. 

22 Not later than six months after the date of the enact23 ment of this Act, the Secretary of State shall conduct a 

24 review of programs of the United Nations that are funded 
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•HR 2745 IH 

1 through assessed contributions and submit to the appro2 priate congressional committees a report containing— 

3 (1) the findings of such review; and 

4 (2) recommendations relating to— 

5 (A) the continuation of such programs; 

6 and 

7 (B) which of such programs should be vol8 untarily funded, other than those specified in 

9 subparagraphs (A) through (R) of subsection 

10 (c)(2) of section 11 of the United Nations Par11 ticipation Act of 1945, as amended by section 

12 101(c) of this Act. 

13 SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE. 

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

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

16 this Act and again 12 months thereafter, the Comptroller 

17 General of the United States of the Government Account18 ability Office shall submit to the appropriate congressional 

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

20 2005 management reforms initiated by the Secretary Gen21 eral and on the reforms mandated by this Act. 

22 (b) REPORT ON DEPARTMENT OF STATE CERTIFI23 CATIONS.—Not later than six months after each certifi24 cation submitted by the Secretary of State to the appro25 priate congressional committees under this Act and sub-
71 

•HR 2745 IH 

1 section (d)(3) of section 11 of the United Nations Partici2 pation Act of 1945 (as amended by section 101(c) of this 

3 Act), the Comptroller General shall submit to the appro4 priate congressional committees a report on each such cer5 tification. The Secretary shall provide the Comptroller 

6 General with any information required by the Comptroller 

7 General to submit any such report. 

8 TITLE VI—CERTIFICATIONS AND 

9 WITHHOLDING OF CONTRIBU10 TIONS 

11 SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CON12 TRIBUTIONS. 

13 (a) CERTIFICATIONS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (3), the certifications required under sub16 section (d)(3) of section 11 of the United Nations 

17 Participation Act of 1945 (as amended by section 

18 101(c) of this Act) and sections 103, 104(a) through 

19 104(e), sections 201(c) and 201(e), and section 202 

20 of this Act are certifications submitted to the appro21 priate congressional committees by the Secretary of 

22 State that the requirements of each such section 

23 have been satisfied with respect to reform of the 

24 United Nations. 

25 (2) ALTERNATE CERTIFICATION MECHANISM.— 
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•HR 2745 IH 

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

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

3 is unable to submit a certification in accordance 

4 with paragraph (1), the Secretary may submit 

5 to the appropriate congressional committees, in 

6 accordance with subparagraph (B), an alternate 

7 certification that certifies that the requirements 

8 of the section to which the original certification 

9 applies have been implemented through reforms 

10 that are substantially similar to the require11 ments of such section or accomplish the same 

12 purposes as the requirements of such section. 

13 (B) EQUIVALENCY.—Reforms are substan14 tially similar or accomplish the same purposes 

15 if— 

16 (i) such reforms are formally adopted 

17 in written form by the entity or committee 

18 of the United Nations or of its specialized 

19 agency that has authority to enact or im20 plement such reforms or are issued by the 

21 Secretariat or the appropriate entity or 

22 committee in written form; and 

23 (ii) such reforms are not identical to 

24 the reforms required by a particular cer25 tification but in the determination of the 
73 

•HR 2745 IH 

1 Secretary will have the same, or nearly the 

2 same effect, as such reforms. 

3 (C) WRITTEN JUSTIFICATION AND CON4 SULTATION.— 

5 (i) WRITTEN JUSTIFICATION.—Not 

6 later than 30 days before submitting an al7 ternate certification in accordance with 

8 subparagraph (A), the Secretary shall sub9 mit to the appropriate congressional com10 mittees a written justification explaining in 

11 detail the basis for such alternate certifi12 cation. 

13 (ii) CONSULTATION.—After the Sec14 retary has submitted the written justifica15 tion under clause (i), but no later than 15 

16 days before the Secretary exercises the al17 ternate certification mechanism described 

18 under subparagraph (A), the Secretary 

19 shall consult with the appropriate congres20 sional committees regarding such exercise. 

21 (3) LIMITED EXCEPTION FOR SUBSTANTIAL

22 COMPLIANCE.— 

23 (A) SUBSTANTIAL COMPLIANCE.—Subject 

24 to subparagraph (B), if at least 32 of the 39 

25 reforms represented by the ten certifications 
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•HR 2745 IH 

1 specified under paragraph (1) have been imple2 mented, all such reforms (including the 

3 unimplemented reforms) so represented shall be 

4 deemed to have been implemented for the year 

5 in which the Secretary submits such certifi6 cations. 

7 (B) MANDATORY IMPLEMENTATION OF

8 CERTAIN REFORMS.— 

9 (i) IN GENERAL.—The provisions of 

10 subparagraph (A) shall not apply unless 

11 the reforms under the following sections 

12 have been implemented for the year to 

13 which subparagraph (A) applies: 

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

15 11 of the United Nations Participa16 tion Act of 1945 (as amended by sec17 tion 101(c) of this Act). 

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

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

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

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

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

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

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

25 (IX) Section 201(b)(1). 
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•HR 2745 IH 

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

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

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

4 (XIII) Section 202(a)(1). 

5 (XIV) Section 202(a)(2). 

6 (ii) FULL COMPLIANCE IN SUC7 CEEDING YEAR.—If the unimplemented re8 forms under subparagraph (A) are not im9 plemented in the year succeeding the year 

10 to which subparagraph (A) applies, the 

11 provisions of subsection (b) shall apply for 

12 such succeeding year. 

13 (b) WITHHOLDING OF UNITED STATES CONTRIBU14 TIONS TO REGULAR ASSESSED BUDGET OF THE UNITED

15 NATIONS.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (4) and in accordance with paragraph (2), 

18 until such time as all certifications (or alternate cer19 tifications) are submitted in accordance with sub20 section (a), the United States shall appropriate, but 

21 withhold from expenditure, 50 percent of the con22 tributions of the United States to the regular as23 sessed budget of the United Nations for a biennial 

24 period. 
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1 (2) AVAILABLE UNTIL EXPENDED.—The con2 tributions appropriated but withheld from expendi3 ture under paragraph (1) are authorized to remain 

4 available until expended. 

5 (3) APPLICATION WITH RESPECT TO SECTION

6 11(B) OF THE UNITED NATION PARTICIPATION ACT

7 OF 1945.—Until such time as all certifications (or al8 ternate certifications) are submitted in accordance 

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

10 the United Nations Participation Act of 1945 (as 

11 amended by section 101(c) of this Act) shall be ad12 ministered as though such section reads as follows: 

13 ‘‘The Secretary may not make a contribution to a 

14 regularly assessed biennial budget of the United Na15 tions in an amount greater than 11 percent of the 

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

17 (4) SECTION 11(D)(3) OF UNITED NATIONS PAR18 TICIPATION ACT OF 1945.— 

19 (A) SPECIAL RULE.—A certification under 

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

21 Nations Participation Act of 1945 (as amended 

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

23 2008–2009 biennial period and subsequent bi24 ennial periods) shall not be required until such 

25 time as the United Nations makes its formal 
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•HR 2745 IH 

1 budget presentation for the 2008–2009 biennial 

2 period. 

3 (B) APPLICATION.—If the Secretary does 

4 not submit a certification under such section, 

5 the 50 percent withholding described under 

6 paragraph (1) shall apply. 

7 (c) RELEASE OF FUNDS.—At such time as all certifi8 cations (or alternate certifications) are submitted in ac9 cordance with subsection (a), the United States shall 

10 transfer to the United Nations amounts appropriated but 

11 withheld from expenditure under subsection (b). 

12 (d) ANNUAL REVIEWS.— 

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

14 annual reviews, beginning one year after the date on 

15 which the Secretary submits the final certification 

16 (or alternate certification) in accordance with sub17 section (a), to determine if the United Nations con18 tinues to remain in compliance with all such certifi19 cations (or alternate certifications). Not later than 

20 30 days after the completion of each such review, 

21 the Secretary shall submit to the appropriate con22 gressional committees a report containing the find23 ings of each such review. 

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

25 review the Secretary determines that the United Na-
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•HR 2745 IH 

1 tions has failed to remain in compliance with a cer2 tification (or an alternate certification) that was 

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

4 percent withholding described under subsection (b) 

5 shall re-apply with respect to United States con6 tributions each fiscal year to the regular assessed 

7 budget of the United Nations beginning with the fis8 cal year immediately following such review and sub9 sequent fiscal years until such time as all certifi10 cations (or alternate certifications) under subsection 

11 (a) have been submitted. 

12 (e) EFFECTIVE DATE.—The certifications (or alter13 nate certifications) specified under subsection (a) shall be 

14 required with respect to United States contributions to15 wards payment of regular assessed dues of the United Na16 tions for 2007 and subsequent years. 

Æ