I 

110TH CONGRESS 

1ST SESSION H. R. 2712 

To promote transparency, accountability, and reform within the United 

Nations system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2007 

Ms. ROS-LEHTINEN (for herself, Mr. BOOZMAN, Mr. BURTON of Indiana, Mr. 

CHABOT, Mrs. JO ANN DAVIS of Virginia, Mr. MARIO DIAZ-BALART of 

Florida, Mr. LINCOLN DIAZ-BALART of Florida, Mr. FLAKE, Mr. 

FORTUN ̃O, Mr. MACK, Mr. MANZULLO, Mr. MCCAUL of Texas, Mr. 

MCCOTTER, Mr. SMITH of New Jersey, Mr. PENCE, Mr. POE, Mr. ROHRABACHER, and Mr. ROYCE) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To promote transparency, accountability, and reform within 

the United Nations system, 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 title may be cited as the 

5 ‘‘United Nations Transparency, Accountability, and Re6 form Act of 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents is 

8 as follows: 


hmoore on PRODPC68 with HMBILLS
2 

•HR 2712 IH

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FUNDING OF THE UNITED NATIONS 

Sec. 101. Findings. 

Sec. 102. Apportionment of the United Nations regular budget on a voluntary 

basis. 

Sec. 103. Budget justification for United States Contributions to the regular 

budget of the United Nations. 

TITLE II—TRANSPARENCY AND ACCOUNTABILITY FOR UNITED 

STATES CONTRIBUTIONS TO THE UNITED NATIONS 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Establishment and management of the Office of the United States 

Inspector General for Contributions to the United Nations System. 

Sec. 204. Transparency for United States Contributions. 

Sec. 205. Authorization of appropriations. 

TITLE III—UNITED STATES POLICY AT THE UNITED NATIONS 

Sec. 301. Annual publication. 

Sec. 302. Annual financial disclosure. 

Sec. 303. Policy with respect to expansion of the Security Council. 

Sec. 304. Access to reports and audits. 

Sec. 305. Waiver of immunity. 

Sec. 306. Terrorism and the United Nations. 

Sec. 307. Report on United Nations reform. 

Sec. 308. Report on United Nations personnel. 

Sec. 309. Limitations on United States Contributions to UNRWA. 

Sec. 310. United Nations treaty bodies. 

Sec. 311. Equality at the United Nations. 

Sec. 312. Anti-semitism and the United Nations. 

Sec. 313. Regional group inclusion of Israel. 

TITLE IV—UNITED NATIONS HUMAN RIGHTS COUNCIL 

Sec. 401. Findings. 

Sec. 402. Human Rights Council membership and funding. 

TITLE V—INTERNATIONAL ATOMIC ENERGY AGENCY 

Sec. 501. International Atomic Energy Agency. 

Sec. 502. Sense of Congress regarding the Nuclear Security Action Plan of the 

IAEA. 

TITLE VI—PEACEKEEPING 

Sec. 601. Reform of United Nations peacekeeping operations. 

Sec. 602. Policy relating to reform of United Nations peacekeeping operations. 

Sec. 603. Certification. 

1 SEC. 2. DEFINITIONS. 

2 In this act: 


hmoore on PRODPC68 with HMBILLS
3 

•HR 2712 IH

1 (1) 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 (2) GENERAL ASSEMBLY.—The term ‘‘General 

7 Assembly’’ means the General Assembly of the 

8 United Nations. 

9 (3) 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 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of State. 

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

17 United Nations. 

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

19 Council’’ means the Security Council of the United 

20 Nations. 

21 (7) UN.—The term ‘‘UN’’ means the United 

22 Nations. 

23 (8) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 


hmoore on PRODPC68 with HMBILLS
4 

•HR 2712 IH

1 (A) the Committees on Appropriations, 

2 Foreign Affairs, and Oversight and Government 

3 Reform of the House; and 

4 (B) the Committees on Appropriations, 

5 Foreign Relations, Homeland Security and Gov6 ernmental Affairs of the Senate. 

7 TITLE I—FUNDING OF THE 

8 UNITED NATIONS 

9 SEC. 101. FINDINGS. 

10 The Congress makes the following findings: 

11 (1) According to the White House Office of 

12 Management and Budget, the United States paid 

13 over 5,300,000,000 dollars into the United Nations 

14 system in 2005, significantly more than was paid by 

15 any other nation. 

16 (2) Under current rules and contribution levels, 

17 it is possible to assemble the two-thirds majority 

18 needed for important UN budget votes with a group 

19 of countries that, taken together, pay less than 1 

20 percent of the total UN regular budget. 

21 (3) The disconnect between contribution levels 

22 and management control creates significant perverse 

23 incentives in terms of UN spending, transparency, 

24 and accountability. 


hmoore on PRODPC68 with HMBILLS
5 

•HR 2712 IH

1 (4) The United Nations system suffers from 

2 unacceptably high levels of waste, fraud, and abuse, 

3 which seriously impair its ability to fulfill the lofty 

4 ideals of its founding. 

5 (5) According to a February 2007 Gallup Poll, 

6 66 percent of Americans think that the United Na7 tions is doing a poor job, the UN’s lowest job-ap8 proval rating ever in the 54 years that those statis9 tics have been kept. Research polling by another 

10 firm in late 2006 found that 71 percent of Ameri11 cans think that the UN is ‘‘no longer effective’’ and 

12 needs to be significantly reformed, while 75 percent 

13 think that the UN ‘‘needs to be held more account14 able.’’. 

15 (6) Significant improvements in UN trans16 parency and accountability are necessary for improv17 ing public perceptions of and American support for 

18 UN operations. 

19 (7) Because of their need to justify future con20 tributions from donors, voluntarily funded organiza21 tions have more incentive to be responsive and effi22 cient in their operations than organizations funded 

23 by compulsory contributions that are not tied to per24 formance. 


hmoore on PRODPC68 with HMBILLS
6 

•HR 2712 IH

1 (8) Article XVII of the Charter of the United 

2 Nations, which states that ‘‘[t]he expenses of the 

3 Organization shall be borne by the Members as ap4 portioned by the General Assembly,’’ leaves to the 

5 discretion of the General Assembly the basis of ap6 portionment, which could be done on the basis of 

7 voluntary pledges by Member States. 

8 (9) Unlike U.S. assessed contributions to the 

9 UN regular budget, which are statutorily capped at 

10 22 percent of the total, there is no cap on voluntary 

11 contributions. 

12 (10) The United States, which contributes gen13 erously to international organizations whose activi14 ties it recognizes as credible, worthwhile, and effi15 cient, contributes more than 22 percent of the budg16 et of certain voluntarily funded UN Specialized 

17 Agencies. 

18 SEC. 102. APPORTIONMENT OF THE UNITED NATIONS REG19 ULAR BUDGET ON A VOLUNTARY BASIS. 

20 (a) UNITED STATES POLICY.— 

21 (1) It is the policy of the United States to seek 

22 to shift the funding mechanism for the regular budg23 et of the United Nations from an assessed to a vol24 untary basis. 


hmoore on PRODPC68 with HMBILLS
7 

•HR 2712 IH

1 (2) The President shall direct the United States 

2 Permanent Representative to the United Nations to 

3 use the voice, vote, and influence of the United 

4 States at the United Nations to shift the funding 

5 mechanism for the regular budget of the United Na6 tions to a voluntary basis, and to make it a priority 

7 to build support for such a transformational change 

8 among Member States, particularly key UN donors; 

9 (b) CERTIFICATION OF PREDOMINANTLY VOL10 UNTARY UN REGULAR BUDGET FINDING.—A certifi11 cation described in this section is a certification by the 

12 Secretary of State to the Appropriate Congressional Com13 mittees that at least 80 percent of the total regular budget 

14 of the United Nations is apportioned on a voluntary basis. 

15 Each such certification shall be shall be effective for a pe16 riod of no more than 1 year, and shall be promptly revoked 

17 by the Secretary, with notice to the Appropriate Congres18 sional Committees, if the underlying circumstances change 

19 so as not to warrant such certification. 

20 (c) WITHHOLDING OF NONVOLUNTARY CONTRIBU21 TIONS.— 

22 (1) Beginning 2 years after the effective date of 

23 this act and notwithstanding any other provision of 

24 law, no funds may be obligated or expended for a 

25 United States assessed contribution to the regular 


hmoore on PRODPC68 with HMBILLS
8 

•HR 2712 IH

1 budget of the United Nations in an amount greater 

2 than 50 percent of the United States share of as3 sessed contributions for the regular budget of the 

4 United Nations unless there is in effect a certifi5 cation by the Secretary, as described in paragraph 

6 (b). 

7 (2) For a period of 3 years after appropriation, 

8 funds appropriated for use as a United States con9 tribution to the regular budget of the United Na10 tions but withheld from obligation and expenditure 

11 pursuant to paragraph (1) may be obligated and ex12 pended for that purpose upon the certification de13 scribed in paragraph (b). After 3 years, in the ab14 sence of such certification, those funds shall revert 

15 to the United States Treasury. 

16 SEC. 103. BUDGET JUSTIFICATION FOR UNITED STATES 

17 CONTRIBUTIONS TO THE REGULAR BUDGET 

18 OF THE UNITED NATIONS. 

19 (a) DETAILED ITEMIZATION.—The annual congres20 sional budget justification shall include a detailed itemized 

21 request in support of the contribution of the United States 

22 to the regular budget of the United Nations. 

23 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

24 detailed itemization required under subsection (a) shall— 


hmoore on PRODPC68 with HMBILLS
9 

•HR 2712 IH

1 (1) contain information relating to the amounts 

2 requested in support of each of the various sections 

3 and titles of the regular budget of the United Na4 tions; and 

5 (2) compare the amounts requested for the cur6 rent year with the actual or estimated amounts con7 tributed by the United States in previous fiscal years 

8 for the same sections and titles. 

9 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

10 United Nations proposes an adjustment to its regular as11 sessed budget, the Secretary of State shall, at the time 

12 such adjustment is presented to the Advisory Committee 

13 on Administrative and Budgetary Questions (ACABQ), 

14 notify and consult with the appropriate congressional com15 mittees. 

16 TITLE II—TRANSPARENCY AND 

17 ACCOUNTABILITY FOR 

18 UNITED STATES CONTRIBU19 TIONS TO THE UNITED NA20 TIONS 

21 SEC. 201. FINDINGS. 

22 The Congress makes the following findings: 

23 (1) As underscored by continuing revelations of 

24 waste, fraud, and abuse, oversight and account25 ability mechanisms within the United Nations sysVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
10 

•HR 2712 IH

1 tem remain significantly deficient, despite decades of 

2 reform attempts, including those initiated by Secre3 taries-General of the United Nations. 

4 (2) Notwithstanding the personal intentions of 

5 any Secretary-General of the United Nations to pro6 mote institutional transparency and accountability 

7 within the United Nations System, the Secretary8 General lacks the power to impose far reaching man9 agement reforms without the concurrence of the 

10 General Assembly. 

11 (3) Groupings of Member States whose voting 

12 power in the General Assembly significantly out13 paces their proportional contributions to the UN 

14 system, have repeatedly and successfully defeated, 

15 delayed, and diluted various reform proposals that 

16 would have enabled more detailed oversight and 

17 scrutiny of UN system operations and expenditures. 

18 (4) To an unacceptable degree, major donor 

19 states, including the United States, lack access to 

20 reasonably detailed, reliable information that would 

21 allow them to determine how their contributions 

22 have been spent by various UN system entities, fur23 ther contributing to the lack of accountability within 

24 the UN system. 


hmoore on PRODPC68 with HMBILLS
11 

•HR 2712 IH

1 SEC. 202. DEFINITIONS. 

2 In this title: 

3 (1) UNITED NATIONS ENTITY.—The term 

4 ‘‘United Nations Entity’’ means any UN agency, 

5 commission, conference, council, court, department, 

6 forum, fund, institute, office, organization, partner7 ship, program, subsidiary body, tribunal, trust, uni8 versity or academic body, related organization or 

9 subsidiary body, wherever located, that flies the UN 

10 flag or is authorized to use the UN logo, including 

11 but not limited to those UN affiliated agencies and 

12 bodies identified as recipients of United States con13 tributions under section 1225(b)(3)(E) of the John 

14 Warner National Defense Authorization Act for Fis15 cal Year 2007 (Public Law 109–364). 

16 (2) UNITED NATIONS SYSTEM.—The term 

17 ‘‘United Nations System’’ means the aggregation of 

18 all United Nations Entities, as defined in paragraph 

19 (1). 

20 (3) UNITED STATES CONTRIBUTION.—The term 

21 ‘‘United States Contribution’’ means an assessed or 

22 voluntary contribution, whether financial, in-kind, or 

23 otherwise, from the United States federal govern24 ment to a United Nations Entity, including con25 tributions passed through other entities for ultimate 

26 use by a United Nations Entity. United States ConVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
12 

•HR 2712 IH

1 tributions include, but are not limited to, those con2 tributions identified pursuant to section 

3 1225(b)(3)(E) of the John Warner National Defense 

4 Authorization Act for Fiscal Year 2007 (Public Law 

5 109–364). 

6 (4) TRANSPARENCY CERTIFICATION.—The term 

7 ‘‘Transparency Certification’’ means an annual, 

8 written affirmation by the head or authorized des9 ignee of a United Nations Entity that the Entity will 

10 cooperate with the Inspector General, including by 

11 providing the Inspector General, upon request, with 

12 full access to Oversight Information as defined in 

13 this title. 

14 (5) OVERSIGHT INFORMATION.—The term 

15 ‘‘Oversight Information’’ includes— 

16 (A) internally and externally commissioned 

17 audits, program reviews, performance reports, 

18 and evaluations; 

19 (B) financial statements, records, and bill20 ing systems; 

21 (C) program budgets and program budget 

22 implications, including revised estimates and re23 ports produced by or provided to the Secretary 

24 General and the Secretary General’s agents on 

25 budget related matters; 


hmoore on PRODPC68 with HMBILLS
13 

•HR 2712 IH

1 (D) operational plans, budgets, and budg2 etary analyses for peacekeeping operations; 

3 (E) analyses and reports regarding the 

4 scale of assessments; 

5 (F) databases and other data systems con6 taining financial or programmatic information; 

7 (G) documents or other records alleging or 

8 involving improper use of resources, mis9 conduct, mismanagement, or other violations of 

10 rules and regulations applicable to the United 

11 Nations Entity; and 

12 (H) other documentation relevant to the 

13 audit and investigative work of the United 

14 States Inspector General for Contributions to 

15 the United Nations System. 

16 SEC. 203. ESTABLISHMENT AND MANAGEMENT OF THE OF17 FICE OF THE UNITED STATES INSPECTOR 

18 GENERAL FOR CONTRIBUTIONS TO THE 

19 UNITED NATIONS SYSTEM. 

20 (a) PURPOSE.—The purpose of this section is to 

21 make possible the independent and objective conduct of 

22 audits and investigations relating to United States Con23 tributions to the United Nations System and the use of 

24 those contributions by United Nations Entities, in an ef25 fort to eliminate and deter waste, fraud, and abuse in the 


hmoore on PRODPC68 with HMBILLS
14 

•HR 2712 IH

1 use of those contributions, and thereby to contribute to 

2 the development of greater transparency, accountability, 

3 and internal controls throughout the United Nations Sys4 tem. 

5 (b) ESTABLISHMENT.—There is hereby established 

6 the Office of the United States Inspector General for Con7 tributions to the United Nations System. 

8 (c) INSPECTOR GENERAL.— 

9 (1) APPOINTMENT.—The head of the Office of 

10 the United States Inspector General for Contribu11 tions to the United Nations System is the Inspector 

12 General for Contributions to the United Nations 

13 System, who shall be appointed by the President, by 

14 and with the advice and consent of the Senate, on 

15 the basis of integrity and demonstrated ability in ac16 counting, auditing, financial analysis, law, manage17 ment analysis, public administration, or investiga18 tions. 

19 (2) NOMINATION.—The nomination of an indi20 vidual as Inspector General shall be made not later 

21 than 30 days after the enactment of this Act. 

22 (3) REMOVAL.—The Inspector General may be 

23 removed from office by the President. The President 

24 shall communicate the reasons for any such removal 

25 to both Houses of Congress. 


hmoore on PRODPC68 with HMBILLS
15 

•HR 2712 IH

1 (4) COMPENSATION.—The annual rate of basic 

2 pay of the Inspector General shall be the annual rate 

3 of basic pay provided for positions at level IV of the 

4 Executive Schedule under section 5315 of title 5, 

5 United States Code. 

6 (5) RELATIONSHIP TO BOARD.— 

7 (A) Except as provided in paragraph (B), 

8 the Inspector General shall report directly to 

9 and be under the general supervision of, the 

10 Board of Directors created in paragraph (d). 

11 (B) Neither the Board, any officer of the 

12 Board, nor any officer of a federal department 

13 or agency shall prevent or prohibit the Inspec14 tor General from initiating, carrying out, or 

15 completing any audit or investigation. 

16 (6) DUTIES.— 

17 (A) It shall be the duty of the Inspector 

18 General to conduct, supervise, and coordinate 

19 audits and investigations of— 

20 (i) the treatment, handling, expendi21 ture, and use of United States Contribu22 tions by and to United Nations Entities; 

23 and 

24 (ii) the adequacy of accounting, over25 sight, and internal control mechanisms at 


hmoore on PRODPC68 with HMBILLS
16 

•HR 2712 IH

1 United Nations Entities that receive 

2 United States Contributions. 

3 (B) The Inspector General shall establish, 

4 maintain, and oversee such systems, procedures, 

5 and controls as the Inspector General considers 

6 appropriate to discharge the duty under para7 graph (A). 

8 (C) The Inspector General shall carry out 

9 the duties specified in paragraphs (A) and (B) 

10 in accordance with section 4(b)(1) of the In11 spector General Act of 1978. 

12 (D) The Inspector General shall collect 

13 and maintain current records regarding Trans14 parency Certifications by all United Nations 

15 Entities that receive United States Contribu16 tions. 

17 (E) The Inspector General shall keep the 

18 Board of Directors and the Congress fully and 

19 promptly informed of how United Nations Enti20 ties are spending United States Contributions 

21 by means of reports, testimony, and briefings. 

22 (F) REFERRALS.— 

23 (i) The Inspector General shall 

24 promptly report to the U.S. Attorney Gen25 eral when Inspector General has reasonVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
17 

•HR 2712 IH

1 able grounds to believe a U.S. federal 

2 criminal law has been violated by a United 

3 Nations Entity or one of its employees, 

4 contractors, or representatives. 

5 (ii) The Inspector General shall 

6 promptly report, when appropriate, to the 

7 Secretary General or the head of the ap8 propriate United Nations Entity cases 

9 where the Inspector General reasonably be10 lieves that mismanagement, misfeasance, 

11 or malfeasance is likely to have taken place 

12 within a United Nations Entity and dis13 ciplinary proceedings are likely justified. 

14 (7) PERSONNEL, FACILITIES, AND OTHER RE15 SOURCES.— 

16 (A) The Inspector General may select, ap17 point, and employ such officers and employees 

18 as may be necessary for carrying out the duties 

19 of the Inspector General. 

20 (B) The Inspector General may obtain 

21 services as authorized by section 3109 of title 

22 5, United States Code, at daily rates not to ex23 ceed the equivalent rate prescribed for grade 

24 GS–15 of the General Schedule by section 5332 

25 of such title. 


hmoore on PRODPC68 with HMBILLS
18 

•HR 2712 IH

1 (C) The Inspector General may lease, pur2 chase, or otherwise acquire, improve, and use 

3 such real property wherever situated, as may be 

4 necessary for carrying out this section. 

5 (D) To the extent and in such amounts as 

6 may be provided in advance by appropriations 

7 Acts, the Inspector General my enter into con8 tracts and other arrangements for audits, stud9 ies, analyses, and other services with public 

10 agencies and with private persons, and make 

11 such payments as may be necessary to carry 

12 out the duties of the Inspector General. 

13 (E) Upon request by the Inspector Gen14 eral, the head of an agency may detail any em15 ployee of such agency to the Office of the 

16 United States Inspector General for Contribu17 tions to the United Nations System on a reim18 bursable basis. Any employee so detailed re19 mains, for the purpose of preserving such em20 ployee’s allowances, privileges, rights, seniority, 

21 and other benefits, an employee of the agency 

22 from which detailed. 

23 (8) COOPERATION BY UNITED STATES GOVERN24 MENT ENTITIES.— 


hmoore on PRODPC68 with HMBILLS
19 

•HR 2712 IH

1 (A) In carrying out the duties, responsibil2 ities, and authorities of the Inspector General 

3 under this section, the Inspector General shall 

4 receive the cooperation of inspectors general of 

5 other Federal Government agencies. 

6 (B) Upon request of the Inspector General 

7 for information or assistance from any depart8 ment, agency, or other entity of the Federal 

9 Government, the head of such entity shall, inso10 far as is practicable and not in contravention of 

11 any existing law, furnish such information or 

12 assistance to the Inspector General, or an au13 thorized designee. 

14 (C) Whenever information or assistance re15 quested by the Inspector General is, in the 

16 judgment of the Inspector General, unreason17 ably refused or not provided, the Inspector Gen18 eral shall report the circumstances to the Board 

19 of Directors and to the Appropriate Congres20 sional Committees without delay. 

21 (9) CONFIRMATION OF TRANSPARENCY BY

22 UNITED NATIONS ENTITIES.— 

23 (A) PROMPT NOTICE BY INSPECTOR GEN24 ERAL.—Whenever information or assistance re25 quested from a United Nations Entity by the 


hmoore on PRODPC68 with HMBILLS
20 

•HR 2712 IH

1 Inspector General pursuant to a Transparency 

2 Certification is, in the opinion of the Inspector 

3 General, unreasonably refused or not provided 

4 in a timely manner, the Inspector General shall 

5 notify the Board of Directors, the head of that 

6 particular United Nations Entity, and the Sec7 retary General of the circumstances in writing, 

8 without delay. 

9 (B) NOTICE OF COMPLIANCE.—If and 

10 when the information or assistance being 

11 sought by the Inspector General in connection 

12 with a notification pursuant to paragraph (A) is 

13 provided to the satisfaction of the Inspector 

14 General, the Inspector General shall so notify in 

15 writing the United Nations Entity, the Board 

16 of Directors, and the Appropriate Congressional 

17 Committees. 

18 (C) NONCOMPLIANCE.—If the information 

19 or assistance being sought by the Inspector 

20 General in connection with a notification pursu21 ant to paragraph (A) is not provided to the sat22 isfaction of the Inspector General within 90 

23 days of that notification, then the United Na24 tions Entity that is the subject of the notifica25 tion is deemed to be noncompliant with its 


hmoore on PRODPC68 with HMBILLS
21 

•HR 2712 IH

1 Transparency Certification, and the Inspector 

2 General shall provide prompt, written notifica3 tion of that fact to the Board of Directors, Ap4 propriate Congressional Committees, the head 

5 of that United Nations Entity, the Secretary 

6 General, and any office or agency of the Fed7 eral Government that has provided that United 

8 Nations Entity with any United States Con9 tribution during the prior 2 years. 

10 (D) RESTORATION OF COMPLIANCE.— 

11 After the situation has been resolved to the sat12 isfaction of the Board of Directors, a finding of 

13 Transparency Certification noncompliance pur14 suant to paragraph (B) may be reversed by an 

15 affirmative vote of at least 5 of the 7 members 

16 of the Board of Directors. The Board shall 

17 promptly provide notification of such restora18 tion, along with a description of the basis for 

19 the Board’s decision, to the Inspector General, 

20 Appropriate Congressional Committees, the 

21 head of the affected United Nations Entity, the 

22 Secretary General, and the head of any office or 

23 agency of the Federal Government that has 

24 provided that United Nations Entity with any 


hmoore on PRODPC68 with HMBILLS
22 

•HR 2712 IH

1 United States Contribution during the prior 2 

2 years. 

3 (E) COST REIMBURSEMENT.—The Inspec4 tor General may reimburse United Nations En5 tities for the reasonable cost of providing to the 

6 Inspector General information or assistance 

7 sought pursuant to a Transparency Certifi8 cation for the purpose of performing the duties 

9 described in paragraph (6). 

10 (10) REPORTS.— 

11 (A) AUDIT AND INVESTIGATION RE12 PORTS.—Promptly upon completion, the Inspec13 tor General shall provide copies of each audit 

14 and investigation report completed pursuant to 

15 paragraph (6) to the Board of Directors, the 

16 Appropriate Congressional Committees, and, to 

17 the extent permissible under United States law, 

18 the head of each United Nations Entity that is 

19 the subject of that particular report. 

20 (B) SEMIANNUAL REPORTS.—Not later 

21 than May 30, 2008, and semiannually there22 after, the Inspector General shall submit to the 

23 Appropriate Congressional Committees a report 

24 that, among other things— 


hmoore on PRODPC68 with HMBILLS
23 

•HR 2712 IH

1 (i) meets the requirements of section 

2 5 of the Inspector General Act of 1978; 

3 and 

4 (ii) includes a list of and detailed de5 scription of the circumstances surrounding 

6 any notification of noncompliance issued 

7 pursuant to paragraph 9(C) during the 

8 covered timeframe, and whether and when 

9 Board of Directors has reversed such find10 ing of noncompliance. 

11 (C) PROHIBITED DISCLOSURES.—Nothing 

12 in this subsection shall be construed to author13 ize the public disclosure of information that 

14 is— 

15 (i) specifically prohibited from disclo16 sure by any other provision of law; 

17 (ii) specifically required by Executive 

18 order to be protected from disclosure in 

19 the interest of national defense or national 

20 security or in the conduct of foreign af21 fairs; or 

22 (iii) a part of an ongoing criminal in23 vestigation. 

24 (D) PRIVACY PROTECTIONS.—The Inspec25 tor General shall exempt from public disclosure 


hmoore on PRODPC68 with HMBILLS
24 

•HR 2712 IH

1 information received from a United Nations 

2 Entity or developed during an audit or inves3 tigation that the Inspector General believes— 

4 (i) constitutes a trade secret or privi5 leged and confidential personal financial 

6 information; 

7 (ii) accuses a particular person of a 

8 crime; 

9 (iii) would, if publicly disclosed, con10 stitute a clearly unwarranted invasion of 

11 personal privacy; and 

12 (iv) would compromise an ongoing law 

13 enforcement investigation or judicial trial 

14 in the United States. 

15 (E) PUBLICATION.—Subject only to the 

16 exceptions detailed in paragraphs (C) and (D), 

17 the Inspector General shall promptly publish 

18 each report under this subsection on a publicly 

19 available and searchable Internet website. 

20 (d) BOARD OF DIRECTORS.— 

21 (1) ESTABLISHMENT.—The Office of the 

22 United States Inspector General for Contributions to 

23 the United Nations System shall have a Board of 

24 Directors. 


hmoore on PRODPC68 with HMBILLS
25 

•HR 2712 IH

1 (2) DUTIES.—The Board shall receive informa2 tion and reports of audits and investigations from 

3 the Office and the Inspector General, provide gen4 eral direction and supervision to the Office and the 

5 Inspector General, and determine the restoration of 

6 compliance by any United Nations Entity with its 

7 Transparency Certification pursuant to paragraph 

8 9(d). 

9 (3) MEMBERSHIP.—The Board shall consist of 

10 the Secretary of State (or the Secretary’s designee), 

11 the Secretary of Labor (or the Secretary’s designee), 

12 the Secretary of Agriculture (or the Secretary’s des13 ignee), the Secretary of Defense (or the Secretary’s 

14 designee), the Administrator of the Environmental 

15 Protection Agency (or the Administrator’s designee), 

16 the Secretary of the Treasury (or the Secretary’s 

17 designee), and the Director of the Office of Manage18 ment and Budget (or the Director’s designee). 

19 (4) CHAIRMANSHIP.—The Board shall be 

20 chaired by a board member, and the chairmanship 

21 shall rotate among the member departments and 

22 agencies on an annual basis. The first chair shall be 

23 the Director or designee from the Office of Manage24 ment and Budget. 


hmoore on PRODPC68 with HMBILLS
26 

•HR 2712 IH

1 SEC. 204. TRANSPARENCY FOR UNITED STATES CONTRIBU2 TIONS. 

3 (a) FUNDING PREREQUISITES.—Notwithstanding 

4 any other provision of law, no funds made available for 

5 use as a United States Contribution to any United Na6 tions Entity may be obligated or expended if— 

7 (1) the intended United Nations Entity recipi8 ent has not provided to the Inspector General within 

9 the preceding year a Transparency Certification as 

10 defined in section 202(4); or 

11 (2) the intended United Nations Entity recipi12 ent is noncompliant with its Transparency Certifi13 cation as described in section 203(c)(9)(C). 

14 (b) TREATMENT OF FUNDS WITHHELD FOR NON15 COMPLIANCE.—At the conclusion of each fiscal year, any 

16 funds that had been appropriated for use as a United 

17 States Contribution to a United Nations Entity during 

18 that fiscal year, but could not be obligated or expended 

19 because of the restrictions of paragraph 1, shall be re20 turned to the United States Treasury, and are not subject 

21 to reprogramming for any other use. Any such funds re22 turned to the Treasury shall not be considered arrears to 

23 be repaid to any United Nations Entity. 

24 (c) PRESIDENTIAL WAIVER.—The President may 

25 waive the limitations of this subsection with respect to a 

26 particular United States Contribution to a particular 


hmoore on PRODPC68 with HMBILLS
27 

•HR 2712 IH

1 United Nations Entity within a single fiscal year if the 

2 President determines that it is required by the national 

3 security interests of the United States and provides notifi4 cation and explanation of that determination to the Appro5 priate Congressional Committees. 

6 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated such sums 

8 as are necessary to carry out the activities of this title, 

9 provided that such sums be not less than one half of 1 

10 percent of the total amount of all assessed and voluntary 

11 contributions of the United States Government to the 

12 United Nations and United Nations affiliated agencies 

13 and related bodies during the prior fiscal year, as identi14 fied pursuant to section 1225(b)(3)(E) of the John War15 ner National Defense Authorization Act for Fiscal Year 

16 2007 (Public Law 109–364). 

17 TITLE III—UNITED STATES POL18 ICY AT THE UNITED NATIONS 

19 SEC. 301. ANNUAL PUBLICATION. 

20 The President shall direct the United States Perma21 nent Representative to the United Nations to use the 

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

23 United Nations to ensure the United Nations publishes 

24 annually, including on a publicly searchable internet 

25 website, a list of all UN subsidiary bodies and their funcVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
28 

•HR 2712 IH

1 tions, budgets, staff, and contributions, both voluntary 

2 and assessed, sorted by donor. 

3 SEC. 302. ANNUAL FINANCIAL DISCLOSURE. 

4 The President shall direct the United States Perma5 nent Representative to the United Nations to use the 

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

7 United Nations to implement a system for the required 

8 filing of individual annual financial disclosure forms by 

9 each employee of the United Nations and its specialized 

10 agencies, programs, and funds at the P–5 level and above, 

11 which shall be made available to the Office of Internal 

12 Oversight Services and, upon request, to Member States 

13 and their publics. 

14 SEC. 303. POLICY WITH RESPECT TO EXPANSION OF THE 

15 SECURITY COUNCIL. 

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

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

18 United Nations to oppose any proposals on expansion of 

19 the Security Council if such expansion would— 

20 (1) diminish the influence of the United States 

21 on the Security Council; 

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

23 the Security Council; or 

24 (3) undermine the effectiveness of the Security 

25 Council. 


hmoore on PRODPC68 with HMBILLS
29 

•HR 2712 IH

1 SEC. 304. ACCESS TO REPORTS AND AUDITS. 

2 The President shall direct the United States Perma3 nent Representative to the United Nations to use the 

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

5 United Nations to ensure that Member States may, upon 

6 request, have access to all reports and audits completed 

7 by the Board of External Auditors. 

8 SEC. 305. WAIVER OF IMMUNITY. 

9 The President shall direct the United States Perma10 nent Representative to the United Nations to use the 

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

12 United Nations to ensure that the Secretary General exer13 cises the right and duty of the Secretary General under 

14 section 20 of the Convention on the Privileges and Immu15 nities of the United Nations to waive the immunity of any 

16 United Nations official in any case in which such immu17 nity would impede the course of justice. In exercising such 

18 waiver, the Secretary General is urged to interpret the in19 terests of the United Nations as favoring the investigation 

20 or prosecution of a United Nations official who is credibly 

21 under investigation for having committed a serious crimi22 nal offense or who is credibly charged with a serious crimi23 nal offense. 

24 SEC. 306. TERRORISM AND THE UNITED NATIONS. 

25 The President shall direct the United States Perma26 nent Representative to the United Nations to use the 


hmoore on PRODPC68 with HMBILLS
30 

•HR 2712 IH

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

2 United Nations to work toward adoption by the general 

3 assembly of— 

4 (1) a definition of terrorism that builds upon 

5 the recommendations of the December 2004 report 

6 of the High-Level Panel on Threats, Challenges, and 

7 Change, and includes as an essential component of 

8 such definition any action that is intended to cause 

9 death or serious bodily harm to civilians with the 

10 purpose of intimidating a population or compelling a 

11 government or an international organization to do, 

12 or abstain from doing, any act; and 

13 (2) a comprehensive convention on terrorism 

14 that includes the definition described in paragraph 

15 (1). 

16 SEC. 307. REPORT ON UNITED NATIONS REFORM. 

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

18 date of the enactment of this Act, and annually for each 

19 of the next 3 years, the Secretary shall submit to the ap20 propriate congressional committees a report on United 

21 Nations reform. 

22 (b) CONTENTS.—The report required under para23 graph (a) shall describe— 

24 (1) progress toward the goal of shifting the 

25 funding for the United Nations Regular Budget to 


hmoore on PRODPC68 with HMBILLS
31 

•HR 2712 IH

1 a voluntary basis as identified in section 102 above, 

2 and a detailed description of efforts and activities by 

3 United States diplomats and officials toward that 

4 end; 

5 (2) progress toward each of the policy goals 

6 identified in the prior sections of this Title, and a 

7 detailed, goal-specific description of efforts and ac8 tivities by United States diplomats and officials to9 ward those ends; 

10 (3) the status of the implementation of manage11 ment reforms within the United Nations and its spe12 cialized agencies; 

13 (4) the number of outputs, reports, or other 

14 mandates generated by General Assembly resolutions 

15 that have been eliminated; 

16 (5) the progress of the General Assembly to 

17 modernize and streamline the committee structure 

18 and its specific recommendations on oversight and 

19 committee outputs, consistent with the March 2005 

20 report of the Secretary General entitled ‘‘In larger 

21 freedom: towards development, security and human 

22 rights for all’’; 

23 (6) the status of the review by the General As24 sembly of all mandates older than 5 years and how 

25 resources have been redirected to new challenges, 


hmoore on PRODPC68 with HMBILLS
32 

•HR 2712 IH

1 consistent with such March 2005 report of the Sec2 retary General; 

3 (7) the continued utility and relevance of the 

4 Economic and Financial Committee and the Social, 

5 Humanitarian, and Cultural Committee, in light of 

6 the duplicative agendas of those committees and the 

7 Economic and Social Council; and 

8 (8) whether the United Nations or any of its 

9 specialized agencies has contracted with any party 

10 included on the Lists of Parties Excluded from Fed11 eral Procurement and Nonprocurement Programs. 

12 SEC. 308. REPORT ON UNITED NATIONS PERSONNEL. 

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

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

15 shall submit to the appropriate congressional committees 

16 a report— 

17 (1) concerning the progress of the General As18 sembly to modernize human resource practices, con19 sistent with the March 2005 report of the Secretary 

20 General entitled ‘‘In larger freedom: towards devel21 opment, security and human rights for all’’; and 

22 (2) containing the information described in sub23 section (b). 

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


hmoore on PRODPC68 with HMBILLS
33 

•HR 2712 IH

1 (1) a comprehensive evaluation of human re2 sources reforms at the United Nations, including an 

3 evaluation of— 

4 (A) tenure; 

5 (B) performance reviews; 

6 (C) the promotion system; 

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

9 employment of employees; and 

10 (E) the implementation of a code of con11 duct and ethics training; 

12 (2) the implementation of a system of proce13 dures for filing complaints and protective measures 

14 for work-place harassment, including sexual harass15 ment; 

16 (3) policy recommendations relating to the es17 tablishment of a rotation requirement for non18 administrative positions; 

19 (4) policy recommendations relating to the es20 tablishment of a prohibition preventing personnel 

21 and officials assigned to the mission of a Member 

22 State to the United Nations from transferring to a 

23 position within the United Nations Secretariat that 

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


hmoore on PRODPC68 with HMBILLS
34 

•HR 2712 IH

1 (5) policy recommendations relating to a reduc2 tion in travel allowances and attendant oversight 

3 with respect to accommodations and airline flights; 

4 and 

5 (6) an evaluation of the recommendations of the 

6 Secretary General relating to greater flexibility for 

7 the Secretary General in staffing decisions to accom8 modate changing priorities. 

9 SEC. 309. LIMITATIONS ON UNITED STATES CONTRIBU10 TIONS TO UNRWA. 

11 The Secretary of State may not contribute annually 

12 to the United Nations Relief and Works Agency for Pal13 estine Refugees in the Near East (UNRWA) in an 

14 amount— 

15 (1) greater than the highest annual contribu16 tion to UNRWA made by a member country of the 

17 League of Arab States; 

18 (2) that, as a proportion of the total UNRWA 

19 budget, exceeds the proportion of the total budget 

20 for the United Nations High Commissioner for Ref21 ugees (UNHCR) paid by the United States; or 

22 (3) that exceeds 22 percent of the total budget 

23 of UNRWA. 


hmoore on PRODPC68 with HMBILLS
35 

•HR 2712 IH

1 SEC. 310. 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. 311. EQUALITY AT THE UNITED NATIONS. 

14 (a) DEPARTMENT OF STATE REVIEW AND RE15 PORT.— 

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

17 and funding with respect to Palestinian interests 

18 and to ensure balance in the approach to Israeli-Pal19 estinian issues, the Secretary shall, not later than 

20 180 days after the date of the enactment of this 

21 Act— 

22 (A) complete an audit of the functions of 

23 the entities listed in paragraph (2); and 

24 (B) submit to the appropriate congres25 sional committees a report containing audit 

26 findings and conclusions, and recommendations 


hmoore on PRODPC68 with HMBILLS
36 

•HR 2712 IH

1 for the elimination of such duplicative entities 

2 and efforts. 

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

4 paragraph (1) are the following: 

5 (A) The United Nations Division for Pales6 tinian Rights. 

7 (B) The Committee on the Exercise of the 

8 Inalienable Rights of the Palestinian People. 

9 (C) The United Nations Special Coordi10 nator for the Middle East Peace Process and 

11 Personal Representative to the Palestine Lib12 eration Organization and the Palestinian Au13 thority. 

14 (D) The NGO Network on the Question of 

15 Palestine. 

16 (E) The Special Committee to Investigate 

17 Israeli Practices Affecting the Human Rights of 

18 the Palestinian People and Other Arabs of the 

19 Occupied Territories. 

20 (F) Any other entity the Secretary deter21 mines results in duplicative efforts or funding 

22 or fails to ensure balance in the approach to 

23 Israeli-Palestinian issues. 

24 (b) IMPLEMENTATION BY PERMANENT REPRESENTA25 TIVE.— 


hmoore on PRODPC68 with HMBILLS
37 

•HR 2712 IH

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

2 the United States Permanent Representative to the 

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

4 of the United States at the United Nations to seek 

5 the implementation of the recommendations con6 tained in the report required under subsection 

7 (b)(1). 

8 (2) WITHHOLDING OF FUNDS.—Until such rec9 ommendations have been implemented, the United 

10 States shall withhold from United States contribu11 tions to the regular assessed budget of the United 

12 Nations for a biennial period amounts that are pro13 portional to the percentage of such budget that are 

14 expended for such entities. 

15 (c) GAO AUDIT.—The Comptroller General of the 

16 United States of the Government Accountability Office 

17 shall conduct an audit of— 

18 (1) the status of the implementation of the rec19 ommendations contained in the report required 

20 under subsection (b)(1); and 

21 (2) United States actions and achievements 

22 under subsection (c). 

23 SEC. 312. ANTI-SEMITISM AND THE UNITED NATIONS. 

24 The President shall direct the United States perma25 nent representative to the United Nations to use the voice, 


hmoore on PRODPC68 with HMBILLS
38 

•HR 2712 IH

1 vote, and influence of the United States at the United Na2 tions to make every effort to— 

3 (1) ensure the issuance and implementation of 

4 a directive by the Secretary General or the Secre5 tariat, as appropriate, that— 

6 (A) requires all employees of the United 

7 Nations and its specialized agencies to officially 

8 and publicly condemn anti-Semitic statements 

9 made at any session of the United Nations or 

10 its specialized agencies, or at any other session 

11 sponsored by the United Nations; 

12 (B) requires employees of the United Na13 tions and its specialized agencies, programs, 

14 and funds to be subject to punitive action, in15 cluding immediate dismissal, for making anti16 Semitic statements or references; 

17 (C) proposes specific recommendations to 

18 the General Assembly for the establishment of 

19 mechanisms to hold accountable employees and 

20 officials of the United Nations and its special21 ized agencies, programs, and funds, or Member 

22 States, that make such anti-Semitic statements 

23 or references in any forum of the United Na24 tions or of its specialized agencies; 


hmoore on PRODPC68 with HMBILLS
39 

•HR 2712 IH

1 (D) continues to develop and implements 

2 education awareness programs about the Holo3 caust and anti-Semitism throughout the world, 

4 as part of an effort to combat intolerance and 

5 hatred; and 

6 (E) requires the Office of the United Na7 tions High Commissioner for Human Rights 

8 (OHCHR) to develop programming and other 

9 measures that address anti-Semitism; 

10 (2) secure the adoption of a resolution by the 

11 General Assembly that establishes the mechanisms 

12 described in paragraph (1)(C); and 

13 (3) continue working toward further reduction 

14 of anti-Semitic language and anti-Israel resolutions 

15 in the United Nations and its specialized agencies, 

16 programs, and funds. 

17 SEC. 313. REGIONAL GROUP INCLUSION OF ISRAEL. 

18 The President shall direct the United States Perma19 nent Representative to the United Nations to use the 

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

21 United Nations to expand the Western European and Oth22 ers Group (WEOG) in the United Nations to include 

23 Israel as a permanent member with full rights and privi24 leges. 


hmoore on PRODPC68 with HMBILLS
40 

•HR 2712 IH

1 TITLE IV—UNITED NATIONS 

2 HUMAN RIGHTS COUNCIL 

3 SEC. 401. FINDINGS. 

4 The Congress makes the following findings: 

5 (1) The United Nations Human Rights Council, 

6 established in 2006 to replace the problematic UN 

7 Human Rights Commission, has failed to meaning8 fully promote the protection of internationally recog9 nized human rights during its first year of oper10 ation. 

11 (2) The UN Human Rights Council suffers 

12 from significant structural flaws, such as the fact 

13 that it draws its members from the General Assem14 bly without any substantive membership criteria, 

15 with the perverse result that a number of the world’s 

16 worst human rights abusers are members of the 

17 council. 

18 (3) The structure and composition of the UN 

19 Human Rights Council has made it subject to gross 

20 political manipulation, with the result that, during 

21 its first year of operation, the Council passed 9 reso22 lutions censuring the democratic state of Israel, 

23 while failing to condemn any severe, ongoing human 

24 rights abuses, such as in Sudan, North Korea, 

25 China, Cuba, Zimbabwe, Belarus, or elsewhere. 


hmoore on PRODPC68 with HMBILLS
41 

•HR 2712 IH

1 SEC. 402. HUMAN RIGHTS COUNCIL MEMBERSHIP AND 

2 FUNDING. 

3 (a) IN GENERAL.—For each and every fiscal year 

4 subsequent to the effective date of this Act, until the Sec5 retary of State submits to Congress a certification that 

6 the requirements described in subsection (b) have been 

7 satisfied— 

8 (1) the Secretary of State shall withhold from 

9 a United States contribution each fiscal year to a 

10 regularly assessed biennial budget of the United Na11 tions an amount that is equal to the percentage of 

12 such contribution that the Secretary determines 

13 would be allocated by the United Nations to support 

14 the United Nations Human Rights Council; 

15 (2) the Secretary of State shall not make a vol16 untary contribution to the United Nations Human 

17 Rights Council; and 

18 (3) the United States shall not run for a seat 

19 on the United Nations Human Rights Council. 

20 (b) CERTIFICATION.—The annual certification re21 ferred to in subsection (a) is a certification made by the 

22 Secretary to Congress that the United Nations Human 

23 Rights Council does not include a Member State— 

24 (1) subject to sanctions by the Security Council; 

25 (2) under a Security Council-mandated inves26 tigation for human rights abuses; 


hmoore on PRODPC68 with HMBILLS
42 

•HR 2712 IH

1 (3) subject, within the prior 5 years, to a coun2 try-specific resolution passed under Agenda Item 9 

3 by the former UN Human Rights Commission; 

4 (4) which the Secretary of State has deter5 mined, for purposes of section 6(j) of the Export Ad6 ministration Act of 1979 (as continued in effect pur7 suant to the International Emergency Economic 

8 Powers Act), section 40 of the Arms Export Control 

9 Act, section 620A of the Foreign Assistance Act of 

10 1961, or other provision of law, is a government that 

11 has repeatedly provided support for acts of inter12 national terrorism; or 

13 (5) which the President has designated as a 

14 country of particular concern for religious freedom 

15 under section 402(b) of the International Religious 

16 Freedom Act of 1998. 

17 TITLE V—INTERNATIONAL 

18 ATOMIC ENERGY AGENCY 

19 SEC. 501. INTERNATIONAL ATOMIC ENERGY AGENCY. 

20 (a) ENFORCEMENT AND COMPLIANCE.— 

21 (1) OFFICE OF COMPLIANCE.— 

22 (A) ESTABLISHMENT.—The President 

23 shall direct the United States Permanent Rep24 resentative to International Atomic Energy 

25 Agency (IAEA) to use the voice, vote, and influVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
43 

•HR 2712 IH

1 ence of the United States at the IAEA to estab2 lish an Office of Compliance in the Secretariat 

3 of the IAEA. 

4 (B) OPERATION.—The Office of Compli5 ance shall— 

6 (i) function as an independent body 

7 composed of technical experts who shall 

8 work in consultation with IAEA inspectors 

9 to assess compliance by IAEA Member 

10 States and provide recommendations to the 

11 IAEA Board of Governors concerning pen12 alties to be imposed on IAEA Member 

13 States that fail to fulfill their obligations 

14 under IAEA Board resolutions; 

15 (ii) base its assessments and rec16 ommendations on IAEA inspection reports; 

17 and 

18 (iii) shall take into consideration in19 formation provided by IAEA Board Mem20 bers that are 1 of the 5 nuclear weapons 

21 states as recognized by the Treaty on the 

22 Non-Proliferation of Nuclear Weapons (21 

23 UST 483) (commonly referred to as the 

24 ‘‘Nuclear Nonproliferation Treaty’’ or the 

25 ‘‘NPT’’). 


hmoore on PRODPC68 with HMBILLS
44 

•HR 2712 IH

1 (C) STAFFING.—The Office of Compliance 

2 shall be staffed from existing personnel in the 

3 Department of Safeguards of the IAEA or the 

4 Department of Nuclear Safety and Security of 

5 the IAEA. 

6 (2) COMMITTEE ON SAFEGUARDS AND

7 VERIFICATION.—The President shall direct the 

8 United States Permanent Representative to the 

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

10 United States at the IAEA to ensure that the Com11 mittee on Safeguards and Verification established in 

12 2005 shall develop and seek to put into force a 

13 workplan of concrete measures that will— 

14 (A) improve the ability of the IAEA to 

15 monitor and enforce compliance by Member 

16 States of the IAEA with the Nuclear Non17 proliferation Treaty and the Statute of the 

18 International Atomic Energy Agency; and 

19 (B) enhance the ability of the IAEA, be20 yond the verification mechanisms and authori21 ties contained in the Additional Protocol to the 

22 Safeguards Agreements between the IAEA and 

23 Member States of the IAEA, to detect with a 

24 high degree of confidence undeclared nuclear 

25 activities by a Member State. 


hmoore on PRODPC68 with HMBILLS
45 

•HR 2712 IH

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 RepVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
46 

•HR 2712 IH

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 nuVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
47 

•HR 2712 IH

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 


hmoore on PRODPC68 with HMBILLS
48 

•HR 2712 IH

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). 


hmoore on PRODPC68 with HMBILLS
49 

•HR 2712 IH

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 subsection 

20 (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 


hmoore on PRODPC68 with HMBILLS
50 

•HR 2712 IH

1 every effort to ensure the adoption of a resolution by 

2 the IAEA Board of Governors that, in addition to 

3 the restrictions already imposed, makes Iran ineli4 gible to receive any nuclear material, technology, 

5 equipment, or assistance from any IAEA Member 

6 State and ineligible for any IAEA assistance not re7 lated to safeguards inspections or nuclear security 

8 until the IAEA Board of Governors determines that 

9 Iran— 

10 (A) is providing full access to IAEA in11 spectors to its nuclear-related facilities; 

12 (B) has fully implemented and is in com13 pliance with the Additional Protocol; and 

14 (C) has permanently ceased and disman15 tled all activities and programs related to nu16 clear-enrichment and reprocessing. 

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

18 determined to have violated the prohibition on as19 sistance to Iran described in paragraph (1) before 

20 the IAEA Board of Governors determines that Iran 

21 has satisfied the conditions described in subpara22 graphs (A) through (C) of such paragraph, such 

23 Member State shall be subject to the penalties de24 scribed in subsection (a)(3), shall be ineligible to re25 ceive nuclear material, technology, equipment, or asVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
51 

•HR 2712 IH

1 sistance from any IAEA Member State, and shall be 

2 ineligible to receive any IAEA assistance not related 

3 to safeguards inspections or nuclear security until 

4 such time as the IAEA Board of Governors makes 

5 such determination with respect to Iran. 

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

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

8 thereafter, the President shall submit to the appropriate 

9 congressional committees a report on the implementation 

10 of this section. 

11 SEC. 502. SENSE OF CONGRESS REGARDING THE NUCLEAR 

12 SECURITY ACTION PLAN OF THE IAEA. 

13 It is the sense of Congress that the national security 

14 interests of the United States are enhanced by the Nuclear 

15 Security Action Plan of the IAEA and the Board of Gov16 ernors should recommend, and the General Conference 

17 should adopt, a resolution incorporating the Nuclear Secu18 rity Action Plan into the regular budget of the IAEA. 

19 TITLE VI—PEACEKEEPING 

20 SEC. 601. REFORM OF UNITED NATIONS PEACEKEEPING 

21 OPERATIONS. 

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 nearly 6 decades 


hmoore on PRODPC68 with HMBILLS
52 

•HR 2712 IH

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; 

7 (2) in response to such failures, in 2000 and 

8 2005, respectively, the Secretary General charged 

9 the high-level Panel on United Nations Peace Oper10 ations, led by former Foreign Minister of Algeria 

11 Lakhdar Brahimi, and his Special Advisor on the 

12 Prevention of Sexual Exploitation and Abuse, His 

13 Royal Highness Prince Zeid Ra’ad Zeid Al-Hussein 

14 of Jordan, to provide honest assessments of the 

15 United Nations’ shortcomings and make rec16 ommendations that would help restore the con17 fidence of the international community in United 

18 Nations peacekeeping operations; 

19 (3) despite the fact that the United Nations has 

20 had nearly 7 years to implement the reforms con21 tained in the Brahimi Report and more than 2 years 

22 to implement the reforms in the Zeid Report, and 

23 the fact that both the former Secretary-General Kofi 

24 Annan and the Special Committee on Peacekeeping 

25 Operations repeatedly have expressed their commitVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
53 

•HR 2712 IH

1 ment ‘‘to implementing fundamental, systematic 

2 changes as a matter of urgency,’’ a number of crit3 ical reforms continue to be blocked or delayed by 

4 Members States who arguably benefit from mainte5 nance of the status quo; and 

6 (4) if the reputation of and confidence in 

7 United Nations peacekeeping operations is to be re8 stored, fundamental and far-reaching reforms, par9 ticularly in the areas of planning, management, 

10 training, conduct, and discipline, must be imple11 mented without further delay. 

12 SEC. 602. POLICY RELATING TO REFORM OF UNITED NA13 TIONS PEACEKEEPING OPERATIONS. 

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

15 reform of United Nations peacekeeping operations in the 

16 following areas: 

17 (1) PLANNING AND MANAGEMENT.— 

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

19 and number of United Nations peacekeeping 

20 operations have increased substantially over the 

21 past decade, an independent audit of each such 

22 operation, with a view toward ‘‘right-sizing’’ op23 erations and ensuring that such operations are 

24 cost effective, should be conducted and its find25 ings reported to the Security Council. 


hmoore on PRODPC68 with HMBILLS
54 

•HR 2712 IH

1 (B) REVIEW OF MANDATES AND CLOSING

2 OPERATIONS.—In conjunction with the audit 

3 described in subparagraph (A), the United Na4 tions Department of Peacekeeping Operations 

5 should conduct a comprehensive review of all 

6 United Nations peacekeeping operation man7 dates, with a view toward identifying objectives 

8 that are practical and achievable, and report its 

9 findings to the Security Council. In particular, 

10 the review should consider the following: 

11 (i) Except in extraordinary cases, in12 cluding genocide, the United Nations De13 partment of Peacekeeping Operations 

14 should not be tasked with activities that 

15 are impractical or unachievable without the 

16 cooperation of the Member State(s) 

17 hosting a United Nations peacekeeping op18 eration, or which amount to de-facto 

19 Trusteeship outside of the procedures es20 tablished for such under Chapter XII of 

21 the UN Charter, thereby creating unreal22 istic expectations and obfuscating the pri23 mary responsibility of the Member States 

24 themselves in creating and maintaining 

25 conditions for peace. 


hmoore on PRODPC68 with HMBILLS
55 

•HR 2712 IH

1 (ii) Long-standing operations that are 

2 static and cannot fulfill their mandate 

3 should be downsized or closed. 

4 (iii) Where there is legitimate concern 

5 that the withdrawal from a country of an 

6 otherwise static United Nations peace7 keeping operation would result in the re8 sumption of major conflict, a burden-shar9 ing arrangement that reduces the level of 

10 assessed contributions, similar to that cur11 rently supporting the United Nations 

12 Peacekeeping Force in Cyprus, should be 

13 explored and instituted. 

14 (C) LEADERSHIP.—As peacekeeping oper15 ations become larger and increasingly complex, 

16 the Secretariat should adopt a minimum stand17 ard of qualifications for senior leaders and 

18 managers, with particular emphasis on specific 

19 skills and experience, and current senior leaders 

20 and managers who do not meet those standards 

21 should be removed. 

22 (D) PRE-DEPLOYMENT TRAINING.—Pre23 deployment training on interpretation of the 

24 mandate of the operation, specifically in the 

25 areas of use of force, civilian protection and 


hmoore on PRODPC68 with HMBILLS
56 

•HR 2712 IH

1 field conditions, the Code of Conduct, HIV/ 

2 AIDS, and human rights should be mandatory, 

3 and all personnel, regardless of category or 

4 rank, should be required to sign an oath that 

5 each has received and understands such train6 ing as a condition of participation in the oper7 ation. 

8 (E) GRATIS MILITARY PERSONNEL.—The 

9 General Assembly should seek to strengthen the 

10 capacity the United Nations Department of 

11 Peacekeeping Operations and ease the extraor12 dinary burden currently placed upon the limited 

13 number of headquarters staff by lifting restric14 tions on the utilization of gratis military per15 sonnel by the Department so that the Depart16 ment may accept secondments from Member 

17 States of military personnel with expertise in 

18 mission planning, logistics, and other oper19 ational specialties. 

20 (2) CONDUCT AND DISCIPLINE.— 

21 (A) ADOPTION OF A UNIFORM CODE OF

22 CONDUCT.—A single, uniform Code of Conduct 

23 that has the status of a binding rule and ap24 plies equally to all personnel serving in United 

25 Nations peacekeeping operations, regardless of 


hmoore on PRODPC68 with HMBILLS
57 

•HR 2712 IH

1 category or rank, including military personnel, 

2 should be adopted and incorporated into legal 

3 documents governing participation in such an 

4 operation, including all contracts and Memoran5 dums of Understanding, promulgated and effec6 tively enforced. 

7 (B) UNDERSTANDING THE CODE OF CON8 DUCT.—All personnel, regardless of category or 

9 rank, should receive training on the Code of 

10 Conduct prior to deployment with a peace11 keeping operation, in addition to periodic fol12 low-on training. In particular— 

13 (i) all personnel, regardless of cat14 egory or rank, should be provided with a 

15 personal copy of the Code of Conduct that 

16 has been translated into the national lan17 guage of such personnel, regardless of 

18 whether such language is an official lan19 guage of the United Nations; 

20 (ii) all personnel, regardless of cat21 egory or rank, should sign an oath that 

22 each has received a copy of the Code of 

23 Conduct, that each pledges to abide by the 

24 Code of Conduct, and that each under25 stands the consequences of violating the 


hmoore on PRODPC68 with HMBILLS
58 

•HR 2712 IH

1 Code of Conduct, including immediate ter2 mination of participation in and permanent 

3 exclusion from all current and future 

4 peacekeeping operations , as well as the as5 sumption of personal liability for victims 

6 compensation, as a condition of appoint7 ment to any such operation; and 

8 (iii) peacekeeping operations should 

9 conduct educational outreach programs to 

10 reach local communities where peace11 keeping personnel of such operations are 

12 based, including explaining prohibited acts 

13 on the part of United Nations peace14 keeping personnel and identifying the indi15 vidual to whom the local population may 

16 direct complaints or file allegations of ex17 ploitation, abuse, or other acts of mis18 conduct. 

19 (C) MONITORING MECHANISMS.—Dedi20 cated monitoring mechanisms, such as the Per21 sonnel Conduct Units already deployed to sup22 port United Nations peacekeeping operations in 

23 Haiti, Liberia, Burundi, and the Democratic 

24 Republic of Congo, should be present in each 


hmoore on PRODPC68 with HMBILLS
59 

•HR 2712 IH

1 operation to monitor compliance with the Code 

2 of Conduct, and— 

3 (i) should report simultaneously to the 

4 Head of Mission, the United Nations De5 partment of Peacekeeping Operations, and 

6 the Associate Director of OIOS for Peace7 keeping Operations (established under sec8 tion 1114(b)(9)); and 

9 (ii) should be tasked with designing 

10 and implementing mission-specific meas11 ures to prevent misconduct, conduct follow12 on training for personnel, coordinate com13 munity outreach programs, and assist in 

14 investigations, as OIOS determines nec15 essary and appropriate. 

16 (D) INVESTIGATIONS.—A permanent, pro17 fessional, and independent investigative body 

18 should be established and introduced into 

19 United Nations peacekeeping operations. In 

20 particular— 

21 (i) the investigative body should in22 clude professionals with experience in in23 vestigating sex crimes, as well as experts 

24 who can provide guidance on standards of 


hmoore on PRODPC68 with HMBILLS
60 

•HR 2712 IH

1 proof and evidentiary requirements nec2 essary for any subsequent legal action; 

3 (ii) provisions should be included in 

4 all Memorandums of Understanding, in5 cluding a Model Memorandum of Under6 standing, that obligate Member States that 

7 contribute troops to a peacekeeping oper8 ation to designate a military prosecutor 

9 who will participate in any investigation 

10 into credible allegations of misconduct 

11 brought against an individual of such 

12 Member State, so that evidence is collected 

13 and preserved in a manner consistent with 

14 the military law of such Member State; 

15 (iii) the investigative body should be 

16 regionally based to ensure rapid deploy17 ment and should be equipped with modern 

18 forensics equipment for the purpose of 

19 positively identifying perpetrators and, 

20 where necessary, for determining paternity; 

21 and 

22 (iv) the investigative body should re23 port directly to the Associate Director of 

24 OIOS for Peacekeeping Operations, while 

25 providing copies of any reports to the DeVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
61 

•HR 2712 IH

1 partment of Peacekeeping Operations, the 

2 Head of Mission, and the Member State 

3 concerned. 

4 (E) FOLLOW-UP.—A dedicated unit, simi5 lar to the Personnel Conduct Units, staffed and 

6 funded through existing resources, should be es7 tablished within the headquarters of the United 

8 Nations Department of Peacekeeping Oper9 ations and tasked with— 

10 (i) promulgating measures to prevent 

11 misconduct; 

12 (ii) receiving reports by field per13 sonnel and coordinating the Department’s 

14 response to allegations of misconduct; and 

15 (iii) gathering follow-up information 

16 on completed investigations, particularly by 

17 focusing on disciplinary actions against the 

18 individual concerned taken by the United 

19 Nations or by the Member State that is 

20 contributing troops to which such indi21 vidual belongs, and sharing such informa22 tion with the Security Council, the Head of 

23 Mission, and the community hosting the 

24 peacekeeping operation. 


hmoore on PRODPC68 with HMBILLS
62 

•HR 2712 IH

1 (F) FINANCIAL LIABILITY AND VICTIMS

2 ASSISTANCE.—Although peacekeeping oper3 ations should provide immediate medical assist4 ance to victims of sexual abuse or exploitation, 

5 the responsibility for providing longer-term 

6 treatment, care, or restitution lies solely with 

7 the individual found guilty of the misconduct. 

8 In particular, the following reforms should be 

9 implemented: 

10 (i) The United Nations should not as11 sume responsibility for providing long-term 

12 treatment or compensation by creating a 

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

14 similar fund, financed through assessed 

15 contributions to United Nations peace16 keeping operations, thereby shielding indi17 viduals from personal liability and rein18 forcing an atmosphere of impunity. 

19 (ii) If an individual responsible for 

20 misconduct has been repatriated, reas21 signed, redeployed, or is otherwise unable 

22 to provide assistance, responsibility for 

23 providing assistance to a victim should be 

24 assigned to the Member State that contrib25 uted the contingent to which such indiVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
63 

•HR 2712 IH

1 vidual belonged or to the manager con2 cerned. 

3 (iii) In the case of misconduct by a 

4 member of a military contingent, appro5 priate funds shall be withheld from the 

6 troop contributing country concerned. 

7 (iv) In the case of misconduct by a ci8 vilian employee or contractor of the United 

9 Nations, appropriate wages shall be gar10 nished from such individual or fines shall 

11 be imposed against such individual, con12 sistent with existing United Nations Staff 

13 Rules, and retirement funds shall not be 

14 shielded from liability. 

15 (G) MANAGERS AND COMMANDERS.—The 

16 manner in which managers and commanders 

17 handle cases of misconduct by those serving 

18 under them should be included in their indi19 vidual performance evaluations, so that man20 agers and commanders who take decisive action 

21 to deter and address misconduct are rewarded, 

22 while those who create a permissive environ23 ment or impede investigations are penalized or 

24 relieved of duty, as appropriate. 


hmoore on PRODPC68 with HMBILLS
64 

•HR 2712 IH

1 (H) DATA BASE.—A centralized data base, 

2 including personnel photos and fingerprints, 

3 should be created and maintained within the 

4 United Nations Department of Peacekeeping 

5 Operations without further delay to track cases 

6 of misconduct, including the outcome of inves7 tigations and subsequent prosecutions, to en8 sure that personnel who have engaged in mis9 conduct or other criminal activities, regardless 

10 of category or rank, are permanently barred 

11 from participation in future peacekeeping oper12 ations. 

13 (I) COOPERATION OF MEMBER STATES.— 

14 If a Member State routinely refuses to cooper15 ate with the directives contained herein or acts 

16 to shield its nationals from personal liability, 

17 that Member State should be barred from con18 tributing troops or personnel to future peace19 keeping operations. 

20 (J) WELFARE.—Peacekeeping operations 

21 should continue to seek to maintain a minimum 

22 standard of welfare for mission personnel to 

23 ameliorate conditions of service, while adjust24 ments are made to the discretionary welfare 

25 payments currently provided to Member States 


hmoore on PRODPC68 with HMBILLS
65 

•HR 2712 IH

1 that contribute troops to offset the cost of oper2 ation-provided recreational facilities, as nec3 essary and appropriate. 

4 SEC. 603. CERTIFICATION. 

5 (a) NEW OR EXPANDED PEACEKEEPING OPER6 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI7 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 

8 (1) NO NEW OR EXPANDED PEACEKEEPING OP9 ERATIONS.— 

10 (A) CERTIFICATION.—Except as provided 

11 in subparagraph (B), until the Secretary of 

12 State certifies that the requirements described 

13 in paragraph (2) have been satisfied, the Presi14 dent shall direct the United States Permanent 

15 Representative to the United Nations to use the 

16 voice, vote, and influence of the United States 

17 at the United Nations to oppose the creation of 

18 new, or expansion of existing, United Nations 

19 peacekeeping operations. 

20 (B) EXCEPTION AND NOTIFICATION.—The 

21 requirements described under paragraph (2) 

22 may be waived with respect to a particular 

23 peacekeeping operation if the President deter24 mines that failure to deploy new or additional 

25 peacekeepers in such situation will create a sigVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
66 

•HR 2712 IH

1 nificant possibility of the widespread loss of 

2 human life, genocide, or the endangerment of a 

3 vital national security interest of the United 

4 States. If the President makes such a deter5 mination, the President shall, not later than 15 

6 days before the exercise of such waiver, notify 

7 the appropriate congressional committees of 

8 such determination and resulting waiver. 

9 (2) CERTIFICATION OF PEACEKEEPING OPER10 ATIONS REFORMS.—The certification referred to in 

11 paragraph (1) is a certification made by the Sec12 retary to the appropriate congressional committees 

13 that the following reforms, or an equivalent set of 

14 reforms, related to peacekeeping operations have 

15 been adopted by the United Nations Department of 

16 Peacekeeping Operations or the General Assembly, 

17 as appropriate: 

18 (A) A single, uniform Code of Conduct 

19 that has the status of a binding rule and ap20 plies equally to all personnel serving in United 

21 Nations peacekeeping operations, regardless of 

22 category or rank, has been adopted by the Gen23 eral Assembly and duly incorporated into all 

24 contracts and a Model Memorandum of Under25 standing, and mechanisms have been estabVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
67 

•HR 2712 IH

1 lished for training such personnel concerning 

2 the requirements of the Code and enforcement 

3 of the Code. 

4 (B) All personnel, regardless of category or 

5 rank, serving in a peacekeeping operation have 

6 been trained concerning the requirements of the 

7 Code of Conduct and each has been given a per8 sonal copy of the Code, translated into the na9 tional language of such personnel. 

10 (C) All personnel, regardless of category or 

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

12 received a copy of the Code of Conduct, that 

13 each pledges to abide by the Code, and that 

14 each understands the consequences of violating 

15 the Code, including immediate termination of 

16 participation in and permanent exclusion from 

17 all current and future peacekeeping operations, 

18 as well as the assumption of personal liability 

19 for victims compensation as a condition of the 

20 appointment to such operation. 

21 (D) All peacekeeping operations have de22 signed and implemented educational outreach 

23 programs to reach local communities where 

24 peacekeeping personnel of such operations are 

25 based to explain prohibited acts on the part of 


hmoore on PRODPC68 with HMBILLS
68 

•HR 2712 IH

1 United Nations peacekeeping personnel and to 

2 identify the individual to whom the local popu3 lation may direct complaints or file allegations 

4 of exploitation, abuse, or other acts of mis5 conduct. 

6 (E) The creation of a centralized data 

7 base, including personnel photos and finger8 prints, has been completed and is being main9 tained in the United Nations Department of 

10 Peacekeeping Operations that tracks cases of 

11 misconduct, including the outcomes of inves12 tigations and subsequent prosecutions, to en13 sure that personnel, regardless of category or 

14 rank, who have engaged in misconduct or other 

15 criminal activities are permanently barred from 

16 participation in future peacekeeping operations. 

17 (F) A Model Memorandum of Under18 standing between the United Nations and each 

19 Member State that contributes troops to a 

20 peacekeeping operation has been adopted by the 

21 United Nations Department of Peacekeeping 

22 Operations that specifically obligates each such 

23 Member State to— 

24 (i) uphold the uniform Code of Con25 duct which shall apply equally to all perVerDate Aug 31 2005 01:08 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H2712.IH H2712

hmoore on PRODPC68 with HMBILLS
69 

•HR 2712 IH

1 sonnel serving in United Nations peace2 keeping operations, regardless of category 

3 or rank; 

4 (ii) designate a competent legal au5 thority, preferably a prosecutor with exper6 tise in the area of sexual exploitation and 

7 abuse where appropriate, to participate in 

8 any investigation into an allegation of mis9 conduct brought against an individual of 

10 such Member State; 

11 (iii) refer to its competent national or 

12 military authority for possible prosecution, 

13 if warranted, any investigation of a viola14 tion of the Code of Conduct or other crimi15 nal activity by an individual of such Mem16 ber State; 

17 (iv) report to the Department of 

18 Peacekeeping Operations on the outcome 

19 of any such investigation; 

20 (v) undertake to conduct on-site court 

21 martial proceedings, where practical and 

22 appropriate, relating to allegations of mis23 conduct alleged against an individual of 

24 such Member State; and 


hmoore on PRODPC68 with HMBILLS
70 

•HR 2712 IH

1 (vi) 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. 

Æ 


hmoore on PRODPC68 with HMBILLS