II 

Calendar No. 165 

109TH CONGRESS 

1ST SESSION S. 1394 

To reform the United Nations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2005 

Mr. SMITH (for himself, Mr. KYL, Mr. COBURN, Mr. INHOFE, and Mr. 

VITTER) introduced the following bill; which was read the first time 

JULY 14, 2005 

Read the second time and placed on the calendar 

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. 
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TITLE I—MISSION AND BUDGET OF THE UNITED NATIONS 

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

Sec. 102. Weighted voting. 

Sec. 103. Budget certification requirements. 

Sec. 104. Accountability. 

Sec. 105. Terrorism and the United Nations. 

Sec. 106. United Nations treaty bodies. 

Sec. 107. Equality at the United Nations. 

Sec. 108. Report on United Nations reform. 

Sec. 109. Report on United Nations personnel. 

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

Sec. 111. United Nations Security Council and Lebanon. 

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

Sec. 113. Genocide and the United Nations. 

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

TITLE II—HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL 

COUNCIL (ECOSOC) 

Sec. 201. Human rights. 

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

Sec. 203. United Nations Democracy Fund. 

TITLE III—INTERNATIONAL ATOMIC ENERGY AGENCY 

Sec. 301. International Atomic Energy Agency. 

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

IAEA. 

TITLE IV—PEACEKEEPING 

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

operations. 

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

Sec. 403. Certification. 

Sec. 404. Rule of construction relating to protection of United States officials 

and members of the Armed Forces. 

TITLE V—DEPARTMENT OF STATE AND GOVERNMENT 

ACCOUNTABILITY OFFICE 

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

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

Sec. 503. Review and report. 

Sec. 504. Government Accountability Office. 

TITLE VI—CERTIFICATIONS AND WITHHOLDING OF 

CONTRIBUTIONS 

Sec. 601. Certifications and withholding of contributions. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on International Re4 lations of the House of Representatives and the 

5 Committee on Foreign Relations of the Senate. 

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

7 an individual who is employed in the general serv8 ices, professional staff, or senior management of the 

9 United Nations, including contractors and consult10 ants. 

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

12 Assembly’’ means the General Assembly of the 

13 United Nations. 

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

15 State’’ means a Member State of the United Na16 tions. Such term is synonymous with the term 

17 ‘‘country’’. 

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

19 the Secretary of State. 

20 (6) SECRETARY GENERAL.—The term ‘‘Sec21 retary General’’ means the Secretary General of the 

22 United Nations. 

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

24 Council’’ means the Security Council of the United 

25 Nations. 
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1 (8) SPECIALIZED AGENCIES AND SPECIALIZED

2 AGENCIES OF THE UNITED NATIONS.—The terms 

3 ‘‘specialized agencies’’ and ‘‘specialized agencies of 

4 the United Nations’’ mean— 

5 (A) the Food and Agriculture Organization 

6 (FAO); 

7 (B) the International Atomic Energy 

8 Agency (IAEA); 

9 (C) the International Civil Aviation Orga10 nization (ICAO); 

11 (D) the International Fund for Agricul12 tural Development (IFAD); 

13 (E) the International Labor Organization 

14 (ILO); 

15 (F) the International Maritime Organiza16 tion (IMO); 

17 (G) the International Telecommunication 

18 Union (ITU); 

19 (H) the United Nations Educational, Sci20 entific, and Cultural Organization (UNESCO); 

21 (I) the United Nations Industrial Develop22 ment Organization (UNIDO); 

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

24 (K) the World Health Organization 

25 (WHO) and its regional agencies; 
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1 (L) the World Meteorological Organization 

2 (WMO); and 

3 (M) the World Intellectual Property Orga4 nization (WIPO). 

5 SEC. 3. STATEMENT OF CONGRESS. 

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

7 is incumbent upon the United Nations to enact significant 

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

9 confidence necessary for it to achieve the laudable goals 

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

11 seeks to reform the United Nations. 

12 TITLE I—MISSION AND BUDGET 

13 OF THE UNITED NATIONS 

14 SEC. 101. UNITED STATES FINANCIAL CONTRIBUTIONS TO 

15 THE UNITED NATIONS. 

16 (a) STATEMENTS OF POLICY.— 

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

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

19 the United Nations to— 

20 (A) pursue a streamlined, efficient, and ac21 countable regular assessed budget of the United 

22 Nations; and 

23 (B) shift funding mechanisms of certain 

24 organizational programs of the United Nations 
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1 specified under paragraph (4) from the regular 

2 assessed budget to voluntarily funded programs. 

3 (2) UNITED STATES CONTRIBUTIONS.—It shall 

4 be the policy of the United States to— 

5 (A) redirect United States contributions to 

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

8 (B) redirect a portion of funds from the 

9 following organizational programs to pursue the 

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

11 (i) Public Information. 

12 (ii) General Assembly affairs and con13 ference services. 

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

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

16 and influence at the United Nations to ensure that 

17 future biennial budgets of the United Nations, as 

18 agreed to by the General Assembly, reflect the shift 

19 in funding mechanisms described in paragraph 

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

21 paragraph (2). 

22 (4) CERTAIN ORGANIZATIONAL PROGRAMS.— 

23 The organizational programs referred to in para24 graph (1)(B) are the following: 

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

2 developing countries and small island devel3 oping States. 

4 (C) United Nations support for the New 

5 Partnership for Africa’s Development. 

6 (D) Trade and development. 

7 (E) International Trade Center UNCTAD/ 

8 WTO. 

9 (F) Environment. 

10 (G) Human settlements. 

11 (H) Crime prevention and criminal justice. 

12 (I) International drug control. 

13 (J) Economic and social development in 

14 Africa. 

15 (K) Economic and social development in 

16 Asia and the Pacific. 

17 (L) Economic development in Europe. 

18 (M) Economic and social development in 

19 Latin America and the Caribbean. 

20 (N) Economic and social development in 

21 Western Asia. 

22 (O) Regular program of technical coopera23 tion. 

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

3 (R) Palestine refugees. 

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

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

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

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

11 (c) UNITED STATES FINANCIAL CONTRIBUTIONS TO

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

14 amended to read as follows: 

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

16 THE UNITED NATIONS. 

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

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

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

21 the United States Permanent Representative to the 

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

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

2 accountable regular assessed budget of the 

3 United Nations; and 

4 ‘‘(B) shift funding mechanisms of certain 

5 organizational programs of the United Nations 

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

7 from the regular assessed budget to voluntarily 

8 funded programs. 

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

10 shall be the policy of the United States to— 

11 ‘‘(A) redirect United States contributions 

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

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

15 following organizational programs to pursue the 

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

17 ‘‘(i) Public Information. 

18 ‘‘(ii) General Assembly affairs and 

19 conferences services. 

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

23 vote, and influence of the United States at the 

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

3 Assembly for the regular assessed budget of the 

4 United Nations for the period of a current biennium. 

5 To achieve the policies described in paragraphs (1) 

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

8 of the United States for a consensus for such budget 

9 until such time as such budget is reflective of such 

10 policies. 

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

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

13 the Secretary may not make a contribution to a regularly 

14 assessed biennial budget of the United Nations in an 

15 amount greater than 22 percent of the amount calculable 

16 under subsection (c). 

17 ‘‘(c) ANNUAL DUES.— 

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

19 the United States to the United Nations each fiscal 

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

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

23 current biennial period, as agreed to by resolution of 

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

2 ORGANIZATIONAL PROGRAMS FOR REDIRECTION.— 

3 The percentage specified in subsection (b) shall be 

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

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

8 ‘‘(A) Economic and social affairs. 

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

10 developing countries and small island devel11 oping States. 

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

13 Partnership for Africa’s Development. 

14 ‘‘(D) Trade and development. 

15 ‘‘(E) International Trade Center 

16 UNCTAD/WTO. 

17 ‘‘(F) Environment. 

18 ‘‘(G) Human settlements. 

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

21 ‘‘(I) International drug control. 

22 ‘‘(J) Economic and social development in 

23 Africa. 

24 ‘‘(K) Economic and social development in 

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

2 ‘‘(M) Economic and social development in 

3 Latin America and the Caribbean. 

4 ‘‘(N) Economic and social development in 

5 Western Asia. 

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

8 ‘‘(P) Development account. 

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

11 ‘‘(R) Palestine refugees. 

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

13 appropriated for contributions towards payment of 

14 regular assessed dues to the United Nations for 

15 2008 and each subsequent year, if the funding 

16 mechanisms of one or more of the organizational 

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

21 ensure that such amounts in each such fiscal year 

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

24 General Assembly for the regular assessed budget of 

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

2 amount for the regular assessed budget as follows: 

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

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

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

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

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

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

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

18 ‘‘(4) ELIGIBLE ORGANIZATIONAL PROGRAMS.— 

19 The eligible organizational programs referred to in 

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

21 paragraph are the following: 

22 ‘‘(A) Internal oversight. 

23 ‘‘(B) Human rights. 

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

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

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

4 ‘‘(5) EXPENDITURE OF REMAINING AMOUNTS

5 TO CERTAIN ORGANIZATION PROGRAMS.— 

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

8 to Congress and the limitation specified under 

9 subparagraph (B), the Secretary is authorized 

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

14 fiscal year to an eligible organizational program 

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

16 paragraph (4). 

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

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

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

22 of the total contribution made under paragraph 

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

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

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

5 may not make a contribution to a regularly assessed 

6 biennial budget of the United Nations in an amount 

7 greater than 22 percent of the amount calculable 

8 under paragraph (2). 

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

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

11 by the United States to the United Nations 

12 each fiscal year, the percentage specified in 

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

14 the amount of the regularly assessed budget of 

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

17 Assembly. 

18 ‘‘(B) CALCULATION WITH RESPECT TO

19 PUBLIC INFORMATION AND GENERAL ASSEMBLY

20 AFFAIRS AND CONFERENCE SERVICES.—With 

21 respect to such United States annual dues, the 

22 percentage specified in paragraph (1) shall be 

23 multiplied by one-half of the sum of amounts 

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

3 ‘‘(i) Public Information. 

4 ‘‘(ii) General Assembly affairs and 

5 conferences services. 

6 ‘‘(C) REDIRECTION OF FUNDS.— 

7 ‘‘(i) IN GENERAL.—The President 

8 shall direct the United States Permanent 

9 Representative to the United Nations to 

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

13 reduce the budgets of the organizational 

14 programs specified in subparagraph (B) 

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

17 2004–2005 biennial period. If the budgets 

18 of such organizational programs are not so 

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

23 from payment for the amount assessed for 

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

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

5 under clause (i) available as a contribution 

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

8 paragraph (4) of subsection (c). 

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

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

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

16 support for a consensus budget of the United 

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

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

20 period and each subsequent biennial period by 

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

23 period. 

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

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

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

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

7 (e) LIMITATION ON UNITED STATES CONTRIBUTIONS

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

9 contribution to the United Nations Relief and Works 

10 Agency for Palestine Refugees in the Near East 

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

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

14 purposes of this subsection, an Arab country includes the 

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

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

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

19 (f) POLICY RELATING TO ZERO NOMINAL

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

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

22 the United Nations to make every effort to enforce zero 

23 nominal growth in all assessed dues to the regular budget 

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

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

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

3 States at the United Nations to actively enforce the 5.6 

4 rule at the United Nations, requiring the Secretariat to 

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

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

8 equivalent to 15 percent of their budget request or face 

9 an across the board reduction of such amount. 

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

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

12 the United States at the United Nations to ensure the 

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

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

16 direct the United States Permanent Representative to the 

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

18 United States at the United Nations to make every effort 

19 to ensure that the assessment for each of the five perma20 nent members of the Security Council is not less than 20 

21 percent of the assessment for each other permanent mem22 ber of the Security Council. 

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

24 State determines that the assessment for a permanent 

25 member of the Security Council with veto power is less 
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1 than 20 percent of the assessment for any other perma2 nent member of the Security Council, the President shall 

3 direct the United States Permanent Representative to the 

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

5 United States at the United Nations to make every effort 

6 to deny to such lower paying permanent member the use 

7 of the veto power of such permanent member until such 

8 time as the assessment for such permanent member is at 

9 least 20 percent of the assessment for each other perma10 nent member of the Security Council. 

11 SEC. 102. WEIGHTED VOTING. 

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

13 pursue weighted voting with respect to all budgetary and 

14 financial matters in the Administrative and Budgetary 

15 Committee and in the General Assembly in accordance 

16 with the level of the financial contribution of a Member 

17 State to the regular assessed budget of the United Na18 tions. 

19 SEC. 103. BUDGET CERTIFICATION REQUIREMENTS. 

20 (a) CERTIFICATION.—In accordance with section 

21 601, a certification shall be required that certifies that the 

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

23 (b) CONDITIONS.—The conditions under this sub24 section are the following: 
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1 (1) NEW BUDGET PRACTICES FOR THE UNITED

2 NATIONS.—The United Nations is implementing 

3 budget practices that— 

4 (A) require the maintenance of a budget 

5 not in excess of the level agreed to by the Gen6 eral Assembly at the beginning of each United 

7 Nations budgetary biennium, unless increases 

8 are agreed to by consensus and do not exceed 

9 ten percent; and 

10 (B) require the identification of expendi11 tures by the United Nations by functional cat12 egories such as personnel, travel, and equip13 ment. 

14 (2) PROGRAM EVALUATION.— 

15 (A) EXISTING AUTHORITY.—The Secretary 

16 General and the Director General of each spe17 cialized agency have used their existing authori18 ties to require program managers within the 

19 United Nations Secretariat and the Secretariats 

20 of the specialized agencies to conduct evalua21 tions in accordance with the standardized meth22 odology referred to in subparagraph (B) of— 

23 (i) United Nations programs approved 

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

3 (B) DEVELOPMENT OF EVALUATION CRI4 TERIA.— 

5 (i) UNITED NATIONS.—The Office of 

6 Internal Oversight Services has developed 

7 a standardized methodology for the evalua8 tion of United Nations programs approved 

9 by the General Assembly, including specific 

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

12 (ii) SPECIALIZED AGENCIES.—Pat13 terned on the work of the Office of Inter14 nal Oversight Services of the United Na15 tions, each specialized agency has devel16 oped a standardized methodology for the 

17 evaluation of the programs of the agency, 

18 including specific criteria for determining 

19 the continuing relevance and effectiveness 

20 of the programs. 

21 (C) REPORT.—The Secretary General is 

22 assessing budget requests and, on the basis of 

23 evaluations conducted under subparagraph (B) 

24 for the relevant preceding year, submits to the 

25 General Assembly a report containing the re-
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1 sults of such evaluations, identifying programs 

2 that have satisfied the criteria for continuing 

3 relevance and effectiveness, and an identifica4 tion of programs that have not satisfied such 

5 criteria and should be terminated. 

6 (D) SUNSET OF PROGRAMS.—Consistent 

7 with the July 16, 1997, recommendations of the 

8 Secretary General regarding a sunset policy and 

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

11 agency has established and is implementing 

12 procedures to require all new programs ap13 proved by the General Assembly to have a spe14 cific sunset date. 

15 SEC. 104. ACCOUNTABILITY. 

16 (a) CERTIFICATION OF CREATION OF INDEPENDENT

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

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

21 United Nations: 

22 (1) An IOB is established from existing United 

23 Nations budgetary and personnel resources. Except 

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

25 independent entity within the United Nations and 
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1 shall not be subject to budget authority or organiza2 tional authority of any entity within the United Na3 tions. 

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

5 who shall be nominated by the Secretary General 

6 and who shall be subject to Security Council ap7 proval by a majority vote. The IOB shall also consist 

8 of four other board members who shall be nominated 

9 by the Secretary General and subject to Security 

10 Council approval by a majority vote. The IOB shall 

11 be responsible to the Security Council and the Direc12 tor and board members shall each serve terms of 6 

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

14 be staggered so that no more than two board mem15 bers’ terms will expire in any one year. No board 

16 member may serve more than two terms. An IOB 

17 board member may be removed for cause by a ma18 jority vote of the Security Council. The Director 

19 shall appoint a professional staff headed by a Chief 

20 of Staff and may employ contract staff as needed. 

21 (3) The IOB shall receive operational and budg22 etary funding through appropriations by the General 

23 Assembly from existing levels of United Nations 

24 budgetary and personnel resources, and shall not be 

25 dependent upon any other entity, bureau, division, 
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1 department, or specialized agency of the United Na2 tions for such funding. 

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

4 evaluate all operations of the United Nations, the 

5 primary mission of the IOB is to oversee the Office 

6 of Internal Oversight Services and the Board of Ex7 ternal Auditors. The IOB may direct the Office of 

8 Internal Oversight Services or the Board of External 

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

10 an investigation. Every three months or more fre11 quently when appropriate, the IOB shall submit, as 

12 appropriate, to the Secretary General, the Security 

13 Council, the General Assembly, or the Economic and 

14 Social Council a report on its activities, relevant ob15 servations, and recommendations relating to its 

16 audit operations, including information relating to 

17 the inventory and status of investigations by the Of18 fice of Internal Oversight Services. 

19 (5) In extraordinary circumstances and with the 

20 concurrence of the Secretary General or the Security 

21 Council by majority vote, the IOB may augment the 

22 Office of Internal Oversight Services with a special 

23 investigator and staff consisting of individuals who 

24 are not employees of the United Nations, to inves25 tigate matters involving senior officials of the United 
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1 Nations or of its specialized agencies when allega2 tions of serious misconduct have been made and 

3 such a special investigation is necessary to maintain 

4 public confidence in the integrity of the investiga5 tion. A special investigator and staff shall comply 

6 with all United Nations financial disclosure and con7 flict of interest rules, including the filing of an indi8 vidual Annual Financial Disclosure Form in accord9 ance with subsection (c). 

10 (6) The IOB shall recommend annual budgets 

11 for the Office of Internal Oversight Services and the 

12 Board of External Auditors. 

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

14 of the Independent Inquiry Committee (IIC) into the 

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

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

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

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

19 IOB’s review of the IIC’s Final Report should ad20 dress the Final Report’s treatment of and adequacy 

21 in the following areas— 

22 (i) OFF’s operations from inception 

23 through the transfer of power from the Coali24 tion Provisional Authority to the interim Iraqi 

25 government; 
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1 (ii) claims of oil smuggling, illegal sur2 charges on oil and commissions on commodity 

3 contracts, illegal kick-backs, use of oil alloca4 tions to influence foreign government officials 

5 and international people of influence, and use of 

6 funds for military purposes; 

7 (iii) the involvement, directly or indirectly, 

8 of any entity, bureau, division, department, spe9 cialized agency, or employee (including the Sec10 retary General) of the United Nations, includ11 ing any employee of the specialized agencies of 

12 the United Nations or any employee or officer 

13 of the Secretariat; 

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

15 evidence, and investigation practices; and 

16 (v) the extent of cooperation by the United 

17 Nations with requests by Congress for testi18 mony, interviews, documents, correspondence, 

19 reports, memoranda, books, papers, accounts, 

20 or records related to the Oil for Food Program. 

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

22 shall determine in a written report whether the IIC 

23 investigation is incomplete or inadequate in any re24 spects and whether any additional investigation is 

25 justified. If the IOB determines that additional in-
28 

•S 1394 PCS

1 vestigation is warranted, it shall appoint, in accord2 ance with paragraph (5), a special investigator and 

3 staff consisting of individuals who are not employees 

4 of the United Nations and to identify specific areas 

5 within the OFF to investigate. 

6 (b) CERTIFICATION OF UNITED NATIONS REFORMS

7 OF THE OFFICE OF INTERNAL OVERSIGHT SERVICES.— 

8 In accordance with section 601, a certification shall be re9 quired that certifies that the following reforms related to 

10 the Office of Internal Oversight Services (OIOS) have 

11 been adopted by the United Nations: 

12 (1) The OIOS is designated as an independent 

13 entity within the United Nations. The OIOS shall 

14 not be subject to budget authority or organizational 

15 authority of any entity within the United Nations 

16 except as provided in this section. 

17 (2) The regular assessed budget of the United 

18 Nations shall fully fund the Internal Oversight 

19 Budget from existing levels of United Nations budg20 etary and personnel resources and shall not be de21 pendent upon any other entity, bureau, division, de22 partment, or specialized agency of the United Na23 tions for such funding. 
29 

•S 1394 PCS

1 (3) All United Nations officials, including offi2 cials from any entity, bureau, division, department, 

3 or specialized agency of the United Nations, may— 

4 (A) make a recommendation to the OIOS 

5 to initiate an investigation of any aspect of the 

6 United Nations; or 

7 (B) report to the OIOS information or al8 legations of misconduct or inefficiencies within 

9 the United Nations. 

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

11 conduct an investigation or audit of any entity, bu12 reau, division, department, specialized agency, em13 ployee (including the Secretary General) of the 

14 United Nations, including any employee of the spe15 cialized agencies of the United Nations, or con16 tractor or consultant for the United Nations or its 

17 specialized agencies. 

18 (5) At least every three months and more fre19 quently when appropriate, the OIOS shall submit to 

20 the IOB a report containing an inventory and status 

21 of its investigations. 

22 (6) The OIOS shall establish procedures for 

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

24 protections for all employees of the United Nations, 

25 including employees of the specialized agencies of 
30 

•S 1394 PCS

1 the United Nations, who provide informational leads 

2 and testimony related to allegations of wrongdoing. 

3 Such procedures shall be adopted throughout the 

4 United Nations. Such status and protection may not 

5 be conferred on the Secretary General. 

6 (7) The OIOS shall annually publish a public 

7 report determining the proper number, distribution, 

8 and expertise of auditors within the OIOS necessary 

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

10 including assessing the staffing requirements needed 

11 to audit United Nations contracting activities 

12 throughout the contract cycle from the bid process 

13 to contract performance. 

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

15 the enactment of this Act, the Director shall estab16 lish a position of Associate Director of OIOS for 

17 Specialized Agencies and Funds and Programs who 

18 shall be responsible for supervising the OIOS liaison 

19 or oversight duties for each of the specialized agen20 cies and funds and programs of the United Nations. 

21 With the concurrence of the Director, the Associate 

22 Director of OIOS for Specialized Agencies and 

23 Funds and Programs may, from existing levels of 

24 United Nations budgetary and personnel resources, 

25 hire and appoint necessary OIOS staff, including 
31 

•S 1394 PCS

1 staff serving within and located at specialized agen2 cies and funds and programs permanently or as 

3 needed to liaison with existing audit functions within 

4 each specialized agency and fund and program. 

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

6 the enactment of this Act, the Director shall estab7 lish a position of Associate Director of OIOS for 

8 Peacekeeping Operations, who shall be responsible 

9 for the oversight and auditing of the field offices at10 tached to United Nations peacekeeping operations. 

11 The Associate Director of OIOS for Peacekeeping 

12 Operations shall receive informational leads and tes13 timony from any person regarding allegations of 

14 wrongdoing by United Nations officials or peace15 keeping troops or regarding inefficiencies associated 

16 with United Nations peacekeeping operations. The 

17 Associate Director of OIOS for Peacekeeping Oper18 ations shall be responsible for initiating, conducting, 

19 and overseeing investigations within peacekeeping 

20 operations. 

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

22 the enactment of this Act, the Director shall estab23 lish a position of Associate Director of OIOS for 

24 Procurement and Contract Integrity, who shall be 

25 responsible for auditing and inspecting procurement 
32 

•S 1394 PCS

1 and contracting win the United Nations, including 

2 within the specialized agencies. The Associate Direc3 tor of OIOS for Procurement and Contract Integrity 

4 shall receive informational leads and testimony from 

5 any person regarding allegations of wrongdoing by 

6 United Nations officials or regarding inefficiencies 

7 associated with United Nations procurement or con8 tracting activities. The Associate Director of OIOS 

9 for Procurement and Contract Integrity shall be re10 sponsible for initiating, conducting, and overseeing 

11 investigations of procurement and contract activities. 

12 Not later than 12 months after the establishment of 

13 the position of Associate Director of OIOS for Pro14 curement and Contract Integrity, the Director, with 

15 the assistance of the Associate Director of OIOS for 

16 Procurement and Contract Integrity, shall undertake 

17 a review of contract procedures to ensure that prac18 tices and policies are in place to ensure that— 

19 (A) the United Nations has ceased issuing 

20 single bid contracts except for such contracts 

21 issued during an emergency situation that is 

22 justified by the Under Secretary General for 

23 Management; 
33 

•S 1394 PCS

1 (B) the United Nations has established ef2 fective controls to prevent conflicts of interest 

3 in the award of contracts; and 

4 (C) the United Nations has established ef5 fective procedures and policies to ensure effec6 tive and comprehensive oversight and moni7 toring of United Nations contract performance. 

8 (c) CERTIFICATION OF ESTABLISHMENT OF UNITED

9 NATIONS OFFICE OF ETHICS.—In accordance with sec10 tion 601, a certification shall be required that certifies 

11 that the following reforms related to the establishment of 

12 a United Nations Office of Ethics have been adopted by 

13 the United Nations: 

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

15 is established. The UNOE shall be an independent 

16 entity within the United Nations and shall not be 

17 subject to budget authority or organizational author18 ity of any entity within the United Nations. The 

19 UNEO shall be responsible for establishing, man20 aging, and enforcing a code of ethics for all employ21 ees of United Nations and its specialized agencies. 

22 The UNEO shall also be responsible for providing 

23 such employees with annual training related to such 

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

25 who shall be nominated by the Secretary General 
34 

•S 1394 PCS

1 and who shall be subject to Security Council ap2 proval by majority vote. The UNOE shall promul3 gate ethics rules, including the following: 

4 (A) No employee of any United Nations 

5 entity, bureau, division, department, or special6 ized agency may be compensated while partici7 pating in the domestic politics of the country of 

8 such employee, except for voting or acting as 

9 part of a Security Council, General Assembly, 

10 or legitimately authorized United Nations mis11 sion or assignment. 

12 (B) No United Nations entity, bureau, di13 vision, department, or specialized agency may 

14 hire an individual convicted in a generally rec15 ognized court of a democratically-elected gov16 ernment with an independent judiciary and an 

17 extradition treaty with the United States and 

18 the European Union for any crime or crimes in19 volving financial misfeasance, malfeasance, 

20 fraud, or perjury. 

21 (C) The employment of an employee of any 

22 United Nations entity, bureau, division, depart23 ment, or specialized agency who is convicted in 

24 a generally recognized court of a democrat25 ically-elected government with an independent 
35 

•S 1394 PCS

1 judiciary and an extradition treaty with the 

2 United States and the European Union of any 

3 crime or crimes involving financial misfeasance, 

4 malfeasance, fraud, or perjury shall be subject 

5 to termination. 

6 (D) If an employee of any United Nations 

7 entity, bureau, division, department, or special8 ized agency has contact regarding the disposi9 tion of ongoing internal United Nations oper10 ations or decisions with an individual who is not 

11 an employee or official of the government of a 

12 Member State (or a similarly situated indi13 vidual), with an individual who is not officially 

14 employed by any United Nations entity, bureau, 

15 division, department, or specialized agency, or 

16 with an individual who is not a working mem17 ber of the media, a memorandum of such con18 tact shall be prepared by such employee and, 

19 upon request, be made available to Member 

20 States. 

21 (2) The UNEO shall receive operational and 

22 budgetary funding through appropriations by the 

23 General Assembly from existing levels of United Na24 tions budgetary and personnel resources and shall 

25 not be dependent upon any other entity, bureau, di-
36 

•S 1394 PCS

1 vision, department, or specialized agency of the 

2 United Nations for such funding. 

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

4 than 6 months after the date of its establishment, 

5 publish a report containing proposals for imple6 menting a system for the filing and review of indi7 vidual Annual Financial Disclosure Forms by each 

8 employee of the United Nations, including by each 

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

10 and above and by all contractors and consultants 

11 compensated at any salary level. Such system shall 

12 be in place and operational not later than 6 months 

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

14 completed forms shall be made available to the Of15 fice of Internal Oversight Services at the request of 

16 the Director of the Office of Internal Oversight 

17 Services. Such system shall seek to identify and pre18 vent conflicts of interest by United Nations employ19 ees and shall be comparable to the system used for 

20 such purposes by the United States Government. 

21 Such report shall also address broader reforms of 

22 the ethics program for the United Nations, includ23 ing— 
37 

•S 1394 PCS

1 (A) the effect of the establishment of eth2 ics officers throughout all organizations within 

3 the United Nations; 

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

5 Annual Financial Disclosure Forms; 

6 (C) proposals for making completed An7 nual Financial Disclosure Forms available to 

8 the public on request through their Member 

9 State’s mission to the United Nations; 

10 (D) proposals for annual disclosure to the 

11 public of information related to the annual sala12 ries and payments, including pension payments 

13 and buyouts, of employees of the United Na14 tions, including employees of its specialized 

15 agencies, and of consultants; 

16 (E) proposals for annual disclosure to the 

17 public of information related to per diem rates 

18 for all bureaus, divisions, departments, or spe19 cialized agencies within the United Nations; 

20 (F) proposals for disclosure upon request 

21 by the Ambassador of a Member State of infor22 mation related to travel and per diem payments 

23 made from United Nations funds to any person; 

24 and 
38 

•S 1394 PCS

1 (G) proposals for annual disclosure to the 

2 public of information related to travel and per 

3 diem rates and payments made from United 

4 Nations funds to any person. 

5 (d) CERTIFICATION OF UNITED NATIONS ESTAB6 LISHMENT OF POSITION OF CHIEF OPERATING OFFI7 CER.—In accordance with section 601, a certification shall 

8 be required that certifies that the following reforms re9 lated to the establishment of the position of a Chief Oper10 ating Officer have been adopted by the United Nations: 

11 (1) There is established the position of Chief 

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

13 the Secretary General. 

14 (2) The COO shall be responsible for formu15 lating general policies and programs for the United 

16 Nations in coordination with the Secretary General 

17 and in consultation with the Security Council and 

18 the General Assembly. The COO shall be responsible 

19 for the daily administration, operation and super20 vision, and the direction and control of the business 

21 of the United Nations. The Chief Operating Officer 

22 shall also perform such other duties and may exer23 cise such other powers as from time to time may be 

24 assigned to the COO by the Secretary General. 
39 

•S 1394 PCS

1 (e) CERTIFICATION OF ACCESS BY MEMBER STATES

2 TO REPORTS AND AUDITS BY BOARD OF EXTERNAL

3 AUDITORS.—In accordance with section 601, a certifi4 cation shall be required that certifies that Member States 

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

6 completed by the Board of External Auditors. 

7 (f) WAIVER OF IMMUNITY.—The President shall di8 rect the United States Permanent Representative to the 

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

10 United States at the United Nations to ensure that the 

11 Secretary General exercises the right and duty of the Sec12 retary General under section 20 of the Convention on the 

13 Privileges and Immunities of the United Nations to waive 

14 the immunity of any United Nations official in any case 

15 in which such immunity would impede the course of jus16 tice. In exercising such waiver, the Secretary General is 

17 urged to interpret the interests of the United Nations as 

18 favoring the investigation or prosecution of a United Na19 tions official who is credibly under investigation for having 

20 committed a serious criminal offense or who is credibly 

21 charged with a serious criminal offense. 

22 (g) CERTIFICATION OF UNITED NATIONS COOPERA23 TION RELATING TO OIL-FOR-FOOD PROGRAM.— 

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

25 a certification shall be required that certifies that 
40 

•S 1394 PCS

1 the following actions relating to the oil-for-food pro2 gram have been taken by the United Nations: 

3 (A) The United Nations Secretary General 

4 has authorized the release to a law enforcement 

5 authority of any Member State (upon request 

6 by the permanent representative to the United 

7 Nations of such Member State on behalf of 

8 such law enforcement authority) or to a na9 tional legislative authority authentic copies of 

10 any document in the possession of the United 

11 Nations, including any document in the posses12 sion of a person who was engaged on a contract 

13 basis to provide goods or services to the United 

14 Nations, that in the judgment of such request15 ing law enforcement authority or national legis16 lative authority directly or indirectly concerns 

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

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

19 (B) The United Nations has waived any 

20 immunity enjoyed by any United Nations offi21 cial from the judicial process in the United 

22 States for any civil or criminal acts or omis23 sions under Federal or State law that may have 

24 transpired within the jurisdiction of the United 
41 

•S 1394 PCS

1 States in connection with the oil-for-food pro2 gram. 

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

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

5 established and administered pursuant to United 

6 Nations Security Council Resolution 986 (April 14, 

7 1995) and subsequent United Nations resolutions to 

8 permit the sale of petroleum products exported from 

9 Iraq and to use the revenue generated from such 

10 sale for humanitarian assistance. 

11 SEC. 105. TERRORISM AND THE UNITED NATIONS. 

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

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

15 United Nations to work toward adoption by the General 

16 Assembly of— 

17 (1) a definition of terrorism that builds upon 

18 the recommendations of the Secretary General’s 

19 High-Level Panel on Threats, Challenges, and 

20 Change, and includes as an essential component of 

21 such definition any action that is intended to cause 

22 death or serious bodily harm to civilians with the 

23 purpose of intimidating a population or compelling a 

24 government or an international organization to do, 

25 or abstain from doing, any act; and 
42 

•S 1394 PCS

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. 
43 

•S 1394 PCS

1 (2) NOTIFICATION TO CONGRESS.—Not later 

2 than 6 months after the date of the enactment of 

3 this Act and every 6 months thereafter for the next 

4 2 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: 
44 

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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 (E) The Special Committee to Investigate 

13 Israeli Practices Affecting the Human Rights of 

14 the Palestinian People and Other Arabs of the 

15 Occupied Territories. 

16 (F) Any other entity the Secretary deter17 mines results in duplicative efforts or funding 

18 or fails to ensure balance in the approach to 

19 Israeli-Palestinian issues. 

20 (c) IMPLEMENTATION BY PERMANENT REPRESENTA21 TIVE.— 

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

23 the United States Permanent Representative to the 

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

25 of the United States at the United Nations to seek 
45 

•S 1394 PCS

1 the implementation of the recommendations con2 tained in the report required under subsection 

3 (b)(1). 

4 (2) WITHHOLDING OF FUNDS.—Until such rec5 ommendations have been implemented, the United 

6 States shall withhold from United States contribu7 tions to the regular assessed budget of the United 

8 Nations for a biennial period amounts that are pro9 portional to the percentage of such budget that are 

10 expended for such entities. 

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

12 United States of the Government Accountability Office 

13 shall conduct an audit of— 

14 (1) the status of the implementation of the rec15 ommendations contained in the report required 

16 under subsection (b)(1); and 

17 (2) United States actions and achievements 

18 under subsection (c). 

19 SEC. 108. REPORT ON UNITED NATIONS REFORM. 

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

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

22 the Secretary shall submit to the appropriate congres23 sional committees a report on United Nations reform since 

24 1990. 
46 

•S 1394 PCS

1 (b) CONTENTS.—The report required under para2 graph (1) shall describe— 

3 (1) the status of the implementation of manage4 ment reforms within the United Nations and its spe5 cialized agencies; 

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

7 items generated by General Assembly resolutions 

8 that have been eliminated; 

9 (3) the progress of the General Assembly to 

10 modernize and streamline the committee structure 

11 and its specific recommendations on oversight and 

12 committee outputs, consistent with the March 2005 

13 report of the Secretary General entitled ‘‘In larger 

14 freedom: towards development, security and human 

15 rights for all’’; 

16 (4) the status of the review by the General As17 sembly of all mandates older than 5 years and how 

18 resources have been redirected to new challenges, 

19 consistent with such March 2005 report of the Sec20 retary General; 

21 (5) the continued utility and relevance of the 

22 Economic and Financial Committee and the Social, 

23 Humanitarian, and Cultural Committee, in light of 

24 the duplicative agendas of those committees and the 

25 Economic and Social Council; and 
47 

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

2 specialized agencies has contracted with any party 

3 included on the Lists of Parties Excluded from Fed4 eral Procurement and Nonprocurement Programs. 

5 SEC. 109. REPORT ON UNITED NATIONS PERSONNEL. 

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

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

8 shall submit to the appropriate congressional committees 

9 a report— 

10 (1) concerning the progress of the General As11 sembly to modernize human resource practices, con12 sistent with the March 2005 report of the Secretary 

13 General entitled ‘‘In larger freedom: towards devel14 opment, security and human rights for all’’; and 

15 (2) containing the information described in sub16 section (b). 

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

18 (1) a comprehensive evaluation of human re19 sources reforms at the United Nations, including an 

20 evaluation of— 

21 (A) tenure; 

22 (B) performance reviews; 

23 (C) the promotion system; 
48 

•S 1394 PCS

1 (D) a merit-based hiring system and en2 hanced regulations concerning termination of 

3 employment of employees; and 

4 (E) the implementation of a code of con5 duct and ethics training; 

6 (2) the implementation of a system of proce7 dures for filing complaints and protective measures 

8 for work-place harassment, including sexual harass9 ment; 

10 (3) policy recommendations relating to the es11 tablishment of a rotation requirement for non12 administrative positions; 

13 (4) policy recommendations relating to the es14 tablishment of a prohibition preventing personnel 

15 and officials assigned to the mission of a Member 

16 State to the United Nations from transferring to a 

17 position within the United Nations Secretariat that 

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

19 (5) policy recommendations relating to a reduc20 tion in travel allowances and attendant oversight 

21 with respect to accommodations and airline flights; 

22 and 

23 (6) an evaluation of the recommendations of the 

24 Secretary General relating to greater flexibility for 
49 

•S 1394 PCS

1 the Secretary General in staffing decisions to accom2 modate changing priorities. 

3 SEC. 110. REPORT ON UNITED STATES CONTRIBUTIONS TO 

4 THE UNITED NATIONS. 

5 Not later than 12 months after the date of the enact6 ment of this Act, the Director of the Office of Manage7 ment and Budget shall submit to the Committee on Inter8 national Relations of the House of Representatives, the 

9 Committee on Foreign Relations of the Senate, the Com10 mittee on Appropriations of the House of Representatives, 

11 and the Committee on Appropriations of the Senate a re12 port on United States contributions to the United Nations. 

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

14 and all other United States contributions. 

15 SEC. 111. UNITED NATIONS SECURITY COUNCIL AND LEB16 ANON. 

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

18 the United States Permanent Representative to the 

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

20 United States at the United Nations to make every effort 

21 to ensure that the Security Council is undertaking the nec22 essary steps to secure the implementation of Security 

23 Council Resolution 1559, including— 

24 (1) deploying United Nations inspectors to 

25 verify and certify to the Security Council that— 
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1 (A) all foreign forces, including intel2 ligence, security, and policing forces, have been 

3 withdrawn from Lebanon; and 

4 (B) all militias in Lebanon have been per5 manently disarmed and dismantled and their 

6 weapons have been decommissioned; and 

7 (2) continuing the presence of United Nations 

8 elections monitoring teams in Lebanon to verify and 

9 certify to the Security Council that— 

10 (A) citizens of Lebanon are not being tar11 geted for assassination by foreign forces, in 

12 particular by foreign forces of Syria, or by their 

13 proxies, as a means of intimidation and coer14 cion in an effort to manipulate the political 

15 process in Lebanon; 

16 (B) elections in Lebanon are being con17 ducted in a fair and transparent manner and 

18 are free of foreign interference; and 

19 (C) that such foreign forces, or their prox20 ies, are not seeking to infringe upon the terri21 torial integrity or political sovereignty of Leb22 anon. 

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

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

25 verified and certified to the Security Council by July 31, 
51 

•S 1394 PCS

1 2005, or by the date that is not later than 30 days after 

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

3 the President shall direct the United States Permanent 

4 Representative to the United Nations to use the voice, 

5 vote, and influence of the United States at the United Na6 tions to secure the adoption of a resolution in the Security 

7 Council imposing punitive measures on the governments 

8 of countries whose forces remain in Lebanon in violation 

9 of Security Council Resolution 1559 and who directly, or 

10 through proxies, are infringing upon the territorial integ11 rity or political sovereignty of Lebanon. 

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

13 SECURITY COUNCIL. 

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

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

16 United Nations to oppose any proposals on expansion of 

17 the Security Council if such expansion would— 

18 (1) diminish the influence of the United States 

19 on the Security Council; 

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

21 the Security Council; or 

22 (3) undermine the effectiveness of the Security 

23 Council. 
52 

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1 SEC. 113. GENOCIDE AND THE UNITED NATIONS. 

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

3 direct the United States Permanent Representative to the 

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

5 United States at the United Nations to make every effort 

6 to ensure the formal adoption and implementation of 

7 mechanisms to— 

8 (1) suspend the membership of a Member State 

9 if it is determined that the government of such 

10 Member State is engaged in or complicit in, either 

11 by commission or omission, acts of genocide, ethnic 

12 cleansing, or crimes against humanity; 

13 (2) impose an arms and trade embargo and 

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

15 groups and individuals responsible for committing or 

16 allowing such acts of genocide, ethnic cleansing, or 

17 crimes against humanity to occur; 

18 (3) deploy a United Nations peacekeeping oper19 ation or authorize and support the deployment of a 

20 peacekeeping operation from an international or re21 gional organization to the Member State with a 

22 mandate to stop such acts of genocide, ethnic cleans23 ing, or crimes against humanity; 

24 (4) deploy monitors from the United Nations 

25 High Commissioner for Refugees to the area in the 

26 Member State where such acts of genocide, ethnic 
53 

•S 1394 PCS

1 cleansing, or crimes against humanity are occurring; 

2 and 

3 (5) authorize the establishment of an inter4 national commission of inquiry into such acts of 

5 genocide, ethnic cleansing, or crimes against human6 ity. 

7 (b) CERTIFICATION.—In accordance with section 

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

9 mechanisms described in subsection (a) have been adopted 

10 and implemented. 

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

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

13 United States Permanent Representative to the United 

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

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

16 (1) ensure the issuance and implementation of 

17 a directive by the Secretary General or the Secre18 tariat, as appropriate, that— 

19 (A) requires all employees of the United 

20 Nations and its specialized agencies to officially 

21 and publicly condemn anti-Semitic statements 

22 made at any session of the United Nations or 

23 its specialized agencies, or at any other session 

24 sponsored by the United Nations; 
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1 (B) requires employees of the United Na2 tions and its specialized agencies to be subject 

3 to punitive action, including immediate dis4 missal, for making anti-Semitic statements or 

5 references; 

6 (C) proposes specific recommendations to 

7 the General Assembly for the establishment of 

8 mechanisms to hold accountable employees and 

9 officials of the United Nations and its special10 ized agencies, or Member States, that make 

11 such anti-Semitic statements or references in 

12 any forum of the United Nations or of its spe13 cialized agencies; and 

14 (D) develops and implements education 

15 awareness programs about the Holocaust and 

16 anti-Semitism throughout the world, as part of 

17 an effort to combat intolerance and hatred; 

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

19 by the General Assembly that establishes the mecha20 nisms described in paragraph (1)(C); and 

21 (3) continue working toward further reduction 

22 of anti-Semitic language and anti-Israel resolutions 

23 in the United Nations and its specialized agencies. 

24 (b) CERTIFICATION.—In accordance with section 

25 601, a certification shall be required that certifies that the 
55 

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1 requirements described in subsection (a) have been satis2 fied. 

3 TITLE II—HUMAN RIGHTS AND 

4 THE ECONOMIC AND SOCIAL 

5 COUNCIL (ECOSOC) 

6 SEC. 201. HUMAN RIGHTS. 

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

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

9 at the United Nations to ensure that a credible and re10 spectable Human Rights Council or other human rights 

11 body is established within the United Nations whose par12 ticipating Member States uphold the values embodied in 

13 the Universal Declaration of Human Rights. 

14 (b) HUMAN RIGHTS REFORMS AT THE UNITED NA15 TIONS.—The President shall direct the United States Per16 manent Representative to the United Nations to ensure 

17 that the following human rights reforms have been adopt18 ed by the United Nations: 

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

20 values embodied in the Universal Declaration of 

21 Human Rights shall be ineligible for membership on 

22 any United Nations human rights body. 

23 (2) A Member State shall be ineligible for mem24 bership on any United Nations human rights body 

25 if such Member State is— 
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1 (A) subject to sanctions by the Security 

2 Council; or 

3 (B) under a Security Council-mandated in4 vestigation for human rights abuses. 

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

6 an adopted country specific resolution, in the prin7 cipal body in the United Nations for the promotion 

8 and protection of human rights, relating to human 

9 rights abuses perpetrated by the government of such 

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

11 such an adopted country specific resolution in such 

12 principal body within the previous 3 years, shall be 

13 ineligible for membership on any United Nations 

14 human rights body. For purposes of this subsection, 

15 an adopted country specific resolution shall not in16 clude consensus resolutions on advisory services. 

17 (4) A Member State that violates the principles 

18 of a United Nations human rights body to which it 

19 aspires to join shall be ineligible for membership on 

20 such body. 

21 (5) No human rights body has a standing agen22 da item that relates only to one country or region. 

23 (6) The practice of considering in the principal 

24 body in the United Nations for the promotion and 

25 protection of human rights country specific resolu-
57 

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1 tions relating to human rights abuses perpetrated by 

2 the government of a Member State within such 

3 Member State shall not be eliminated. 

4 (c) CERTIFICATION.—In accordance with section 

5 601, a certification shall be required that certifies that the 

6 human rights reforms described under subsection (b) have 

7 been adopted by the United Nations. 

8 (d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ MO9 TIONS.—The United States Permanent Representative 

10 shall work to prevent abuse of ‘‘no action’’ motions, par11 ticularly as such motions relate to country specific resolu12 tions. 

13 (e) OFFICE OF THE UNITED NATIONS HIGH COMMIS14 SIONER FOR HUMAN RIGHTS.— 

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

16 policy of the United States to continue to strongly 

17 support the Office of the United Nations High Com18 missioner for Human Rights. 

19 (2) CERTIFICATION.—In accordance with sec20 tion 601, a certification shall be required that cer21 tifies that the Office of the United Nations High 

22 Commissioner for Human Rights has been given 

23 greater authority in field operation activities, such 

24 as in the Darfur region of Sudan and in the Demo-
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1 cratic Republic of the Congo, in furtherance of the 

2 purpose and mission of the United Nations. 

3 (f) PROHIBITION ON CONTACT WITH MEMBER

4 STATES SUBJECT TO SANCTIONS.—An employee from of 

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

6 or specialized agency may not have unauthorized contact, 

7 including business contact, with a Member State that is 

8 subject to United Nations sanctions. 

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

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

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

12 at the United Nations to— 

13 (1) abolish secret voting in the Economic and 

14 Social Council (ECOSOC); 

15 (2) ensure that, until such time as the Commis16 sion on Human Rights of the United Nations is 

17 abolished, only countries that are not ineligible for 

18 membership on a human rights body in accordance 

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

20 shall be considered for membership on the Commis21 sion on Human Rights; and 

22 (3) ensure that after candidate countries are 

23 nominated for membership on the Commission on 

24 Human Rights, the Economic and Social Council 
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1 conducts a recorded vote to determine such member2 ship. 

3 (b) CERTIFICATION.—In accordance with section 

4 601, a certification shall be required that certifies that the 

5 policies described in subsection (a) have been implemented 

6 by the Economic and Social Council. 

7 SEC. 203. UNITED NATIONS DEMOCRACY FUND. 

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

9 United States Permanent Representative to the United 

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

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

12 (1) establish a Democracy Fund at the United 

13 Nations to be administered by Member States of the 

14 United Nations Democracy Caucus; 

15 (2) secure political and financial support for the 

16 Democracy Fund from Member States of the United 

17 Nations Democracy Caucus; and 

18 (3) establish criteria that limits recipients of as19 sistance from the Democracy Fund to Member 

20 States that— 

21 (A) are not ineligible for membership on 

22 any United Nations human rights body, in ac23 cordance with paragraphs (1) through (4) of 

24 section 201(b); and 
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1 (B) are determined by the Secretary of 

2 State to be emerging democracies or democ3 racies in transition. 

4 (b) POLICY RELATING TO FUNDING FOR THE DE5 MOCRACY FUND.—It shall be the policy of the United 

6 States to shift contributions of the United States to the 

7 regularly assessed budget of the United Nations for a bi8 ennial period to initiate and support the Democracy Fund 

9 referred to in subsection (a). 

10 (c) CERTIFICATION.—In accordance with section 

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

12 requirements described in subsection (a) have been satis13 fied. 

14 TITLE III—INTERNATIONAL 

15 ATOMIC ENERGY AGENCY 

16 SEC. 301. INTERNATIONAL ATOMIC ENERGY AGENCY. 

17 (a) ENFORCEMENT AND COMPLIANCE.— 

18 (1) OFFICE OF COMPLIANCE.— 

19 (A) ESTABLISHMENT.—The President 

20 shall direct the United States Permanent Rep21 resentative to International Atomic Energy 

22 Agency (IAEA) to use the voice, vote, and influ23 ence of the United States at the IAEA to estab24 lish an Office of Compliance in the Secretariat 

25 of the IAEA. 
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1 (B) OPERATION.—The Office of Compli2 ance shall— 

3 (i) function as an independent body 

4 composed of technical experts who shall 

5 work in consultation with IAEA inspectors 

6 to assess compliance by IAEA Member 

7 States and provide recommendations to the 

8 IAEA Board of Governors concerning pen9 alties to be imposed on IAEA Member 

10 States that fail to fulfill their obligations 

11 under IAEA Board resolutions; 

12 (ii) base its assessments and rec13 ommendations on IAEA inspection reports; 

14 and 

15 (iii) shall take into consideration in16 formation provided by IAEA Board Mem17 bers that are one of the five nuclear weap18 ons states as recognized by the Treaty on 

19 the Non-Proliferation of Nuclear Weapons 

20 (21 UST 483) (commonly referred to as 

21 the ‘‘Nuclear Nonproliferation Treaty’’ or 

22 the ‘‘NPT’’). 

23 (C) STAFFING.—The Office of Compliance 

24 shall be staffed from existing personnel in the 

25 Department of Safeguards of the IAEA or the 
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1 Department of Nuclear Safety and Security of 

2 the IAEA. 

3 (2) SPECIAL COMMITTEE ON SAFEGUARDS AND

4 VERIFICATION.— 

5 (A) ESTABLISHMENT.—The President 

6 shall direct the United States Permanent Rep7 resentative to the IAEA to use the voice, vote, 

8 and influence of the United States at the IAEA 

9 to establish a Special Committee on Safeguards 

10 and Verification. 

11 (B) RESPONSIBILITIES.—The Special 

12 Committee shall— 

13 (i) improve the ability of the IAEA to 

14 monitor and enforce compliance by Mem15 ber States of the IAEA with the Nuclear 

16 Nonproliferation Treaty and the Statute of 

17 the International Atomic Energy Agency; 

18 and 

19 (ii) consider which additional meas20 ures are necessary to enhance the ability of 

21 the IAEA, beyond the verification mecha22 nisms and authorities contained in the Ad23 ditional Protocol to the Safeguards Agree24 ments between the IAEA and Member 

25 States of the IAEA, to detect with a high 
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1 degree of confidence undeclared nuclear ac2 tivities by a Member State. 

3 (3) PENALTIES WITH RESPECT TO THE IAEA.— 

4 (A) IN GENERAL.—The President shall di5 rect the United States Permanent Representa6 tive to the IAEA to use the voice, vote, and in7 fluence of the United States at the IAEA to en8 sure that a Member State of the IAEA that is 

9 under investigation for a breach of or non10 compliance with its IAEA obligations or the 

11 purposes and principles of the Charter of the 

12 United Nations has its privileges suspended, in13 cluding— 

14 (i) limiting its ability to vote on its 

15 case; 

16 (ii) being prevented from receiving 

17 any technical assistance; and 

18 (iii) being prevented from hosting 

19 meetings. 

20 (B) TERMINATION OF PENALTIES.—The 

21 penalties specified under subparagraph (A) 

22 shall be terminated when such investigation is 

23 concluded and such Member State is no longer 

24 in such breach or noncompliance. 
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1 (4) PENALTIES WITH RESPECT TO THE NU2 CLEAR NONPROLIFERATION TREATY.—The Presi3 dent shall direct the United States Permanent Rep4 resentative to the IAEA to use the voice, vote, and 

5 influence of the United States at the IAEA to en6 sure that a Member State of the IAEA that is found 

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

8 withdrawn from the Nuclear Nonproliferation Treaty 

9 shall return to the IAEA all nuclear materials and 

10 technology received from the IAEA, any Member 

11 State of the IAEA, or any Member State of the Nu12 clear Nonproliferation Treaty. 

13 (b) UNITED STATES CONTRIBUTIONS.— 

14 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

15 contributions of the United States to the IAEA 

16 should primarily be used to fund activities relating 

17 to Nuclear Safety and Security or activities relating 

18 to Nuclear Verification. 

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

20 President shall direct the United States Permanent 

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

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

23 (A) ensure that funds for safeguards in24 spections are prioritized for countries that have 
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1 newly established nuclear programs or are initi2 ating nuclear programs; and 

3 (B) block the allocation of funds for any 

4 other IAEA development, environmental, or nu5 clear science assistance or activity to a coun6 try— 

7 (i) the government of which the Sec8 retary of State has determined, for pur9 poses of section 6(j) of the Export Admin10 istration Act of 1979, section 620A of the 

11 Foreign Assistance Act of 1961, section 40 

12 of the Arms Export Control Act, or other 

13 provision of law, is a government that has 

14 repeatedly provided support for acts of 

15 international terrorism and the government 

16 of which the Secretary has determined has 

17 not dismantled and surrendered its weap18 ons of mass destruction programs under 

19 international verification; 

20 (ii) that is under investigation for a 

21 breach of or noncompliance with its IAEA 

22 obligations or the purposes and principles 

23 of the Charter of the United Nations; or 
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1 (iii) that is in violation of its IAEA 

2 obligations or the purposes and principles 

3 of the Charter of the United Nations. 

4 (3) DETAIL OF EXPENDITURES.—The Presi5 dent shall direct the United States Permanent Rep6 resentative to the IAEA to use the voice, vote, and 

7 influence of the United States at the IAEA to se8 cure, as part of the regular budget presentation of 

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

10 breakdown by country of expenditures of the IAEA 

11 for safeguards inspections and nuclear security ac12 tivities. 

13 (c) MEMBERSHIP.— 

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

15 the United States Permanent Representative to the 

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

17 United States at the IAEA to block the membership 

18 on the Board of Governors of the IAEA for a Mem19 ber State of the IAEA that has not signed and rati20 fied the Additional Protocol and— 

21 (A) is under investigation for a breach of 

22 or noncompliance with its IAEA obligations or 

23 the purposes and principles of the Charter of 

24 the United Nations; or 
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1 (B) that is in violation of its IAEA obliga2 tions or the purposes and principles of the 

3 Charter of the United Nations. 

4 (2) CRITERIA.—The United States Permanent 

5 Representative to the IAEA shall make every effort 

6 to modify the criteria for Board membership to re7 flect the principles described in paragraph (1). 

8 (d) SMALL QUANTITIES PROTOCOL.—The President 

9 shall direct the United States Permanent Representative 

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

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

12 that the IAEA changes the policy regarding the Small 

13 Quantities Protocol in order to— 

14 (1) rescind and eliminate the Small Quantities 

15 Protocol; 

16 (2) require that any IAEA Member State that 

17 has previously signed a Small Quantities Protocol to 

18 sign, ratify, and implement the Additional Protocol, 

19 provide immediate access for IAEA inspectors to its 

20 nuclear-related facilities, and agree to the strongest 

21 inspections regime of its nuclear efforts; and 

22 (3) require that any IAEA Member State that 

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

24 to receive nuclear material, technology, equipment, 

25 or assistance from any IAEA Member State and 
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1 subject to the penalties described in section 

2 301(a)(3). 

3 (e) NUCLEAR PROGRAM OF IRAN.— 

4 (1) UNITED STATES ACTION.—The President 

5 shall direct the United States Permanent Represent6 ative to the IAEA to use the voice, vote, and influ7 ence of the United States at the IAEA to make 

8 every effort to ensure the adoption of a resolution by 

9 the IAEA Board of Governors that makes Iran ineli10 gible to receive any nuclear material, technology, 

11 equipment, or assistance from any IAEA Member 

12 State and ineligible for any IAEA assistance not re13 lated to safeguards inspections or nuclear security 

14 until the IAEA Board of Governors determines that 

15 Iran— 

16 (A) is providing full access to IAEA in17 spectors to its nuclear-related facilities; 

18 (B) has fully implemented and is in com19 pliance with the Additional Protocol; and 

20 (C) has permanently ceased and disman21 tled all activities and programs related to nu22 clear-enrichment and reprocessing. 

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

24 determined to have violated the prohibition on as25 sistance to Iran described in paragraph (1) before 
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1 the IAEA Board of Governors determines that Iran 

2 has satisfied the conditions described in subpara3 graphs (A) through (C) of such paragraph, such 

4 Member State shall be subject to the penalties de5 scribed in section 301(a)(3), shall be ineligible to re6 ceive nuclear material, technology, equipment, or as7 sistance from any IAEA Member State, and shall be 

8 ineligible to receive any IAEA assistance not related 

9 to safeguards inspections or nuclear security until 

10 such time as the IAEA Board of Governors makes 

11 such determination with respect to Iran. 

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

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

14 thereafter, the President shall submit to the appropriate 

15 congressional committees a report on the implementation 

16 of this section. 

17 SEC. 302. SENSE OF CONGRESS REGARDING THE NUCLEAR 

18 SECURITY ACTION PLAN OF THE IAEA. 

19 It is the sense of Congress that the national security 

20 interests of the United States are enhanced by the Nuclear 

21 Security Action Plan of the IAEA and the Board of Gov22 ernors should recommend, and the General Conference 

23 should adopt, a resolution incorporating the Nuclear Secu24 rity Action Plan into the regular budget of the IAEA. 
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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. 
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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: 
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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. 
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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 (E) GRATIS MILITARY PERSONNEL.—The 

13 General Assembly should lift restrictions on the 

14 utilization at the headquarters in New York, 

15 the United States, of the Department of Peace16 keeping Operations of gratis military personnel 

17 by the Department so that the Department may 

18 accept secondments from Member States of 

19 military personnel with expertise in mission 

20 planning, logistics, and other operational spe21 cialties. 

22 (2) CONDUCT AND DISCIPLINE.— 

23 (A) ADOPTION OF A UNIFORM CODE OF

24 CONDUCT.—A single, uniform Code of Conduct 

25 that has the status of a binding rule and ap-
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1 plies equally to all personnel serving in United 

2 Nations peacekeeping operations, regardless of 

3 category or rank, should be promulgated, adopt4 ed, and enforced. 

5 (B) UNDERSTANDING THE CODE OF CON6 DUCT.—All personnel, regardless of category or 

7 rank, should receive training on the Code of 

8 Conduct prior to deployment with a peace9 keeping operation, in addition to periodic fol10 low-on training. In particular— 

11 (i) all personnel, regardless of cat12 egory or rank, should be provided with a 

13 personal copy of the Code of Conduct that 

14 has been translated into the national lan15 guage of such personnel, regardless of 

16 whether such language is an official lan17 guage of the United Nations; 

18 (ii) all personnel, regardless of cat19 egory or rank, should sign an oath that 

20 each has received a copy of the Code of 

21 Conduct, that each pledges to abide by the 

22 Code of Conduct, and that each under23 stands the consequences of violating the 

24 Code of Conduct, including immediate ter25 mination of the participation of such per-
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1 sonnel in the peacekeeping operation to 

2 which such personnel is assigned as a con3 dition of appointment to such operation; 

4 and 

5 (iii) peacekeeping operations should 

6 conduct educational outreach programs to 

7 reach local communities where peace8 keeping personnel of such operations are 

9 based, including explaining prohibited acts 

10 on the part of United Nations peace11 keeping personnel and identifying the indi12 vidual to whom the local population may 

13 direct complaints or file allegations of ex14 ploitation, abuse, or other acts of mis15 conduct. 

16 (C) MONITORING MECHANISMS.—Dedi17 cated monitoring mechanisms, such as the Per18 sonnel Conduct Units already deployed to sup19 port United Nations peacekeeping operations in 

20 Haiti, Liberia, Burundi, and the Democratic 

21 Republic of Congo, should be present in each 

22 operation to monitor compliance with the Code 

23 of Conduct, and— 

24 (i) should report simultaneously to the 

25 Head of Mission, the United Nations De-
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1 partment of Peacekeeping Operations, and 

2 the Associate Director of OIOS for Peace3 keeping Operations (established under sec4 tion 104(b)(10)); and 

5 (ii) should be tasked with designing 

6 and implementing mission-specific meas7 ures to prevent misconduct, conduct follow8 on training for personnel, coordinate com9 munity outreach programs, and assist in 

10 investigations, as OIOS determines nec11 essary and appropriate. 

12 (D) INVESTIGATIONS.—A permanent, pro13 fessional, and independent investigative body 

14 should be established and introduced into 

15 United Nations peacekeeping operations. In 

16 particular— 

17 (i) the investigative body should in18 clude professionals with experience in in19 vestigating sex crimes, as well as experts 

20 who can provide guidance on standards of 

21 proof and evidentiary requirements nec22 essary for any subsequent legal action; 

23 (ii) provisions should be included in a 

24 Model Memorandum of Understanding 

25 that obligate Member States that con-
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1 tribute troops to a peacekeeping operation 

2 to designate a military prosecutor who will 

3 participate in any investigation into an al4 legation of misconduct brought against an 

5 individual of such Member State, so that 

6 evidence is collected and preserved in a 

7 manner consistent with the military law of 

8 such Member State; 

9 (iii) the investigative body should be 

10 regionally based to ensure rapid deploy11 ment and should be equipped with modern 

12 forensics equipment for the purpose of 

13 positively identifying perpetrators and, 

14 where necessary, for determining paternity; 

15 and 

16 (iv) the investigative body should re17 port directly to the Associate Director of 

18 OIOS for Peacekeeping Operations, while 

19 providing copies of any reports to the De20 partment of Peacekeeping Operations, the 

21 Head of Mission, and the Member State 

22 concerned. 

23 (E) FOLLOW-UP.—A dedicated unit, simi24 lar to the Personnel Conduct Units, staffed and 

25 funded through existing resources, should be es-
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1 tablished within the headquarters of the United 

2 Nations Department of Peacekeeping Oper3 ations and tasked with— 

4 (i) promulgating measures to prevent 

5 misconduct; 

6 (ii) coordinating allegations of mis7 conduct, and reports received by field per8 sonnel; and 

9 (iii) gathering follow-up information 

10 on completed investigations, particularly by 

11 focusing on disciplinary actions against the 

12 individual concerned taken by the United 

13 Nations or by the Member State that is 

14 contributing troops to which such indi15 vidual belongs, and sharing such informa16 tion with the Security Council, the Head of 

17 Mission, and the community hosting the 

18 peacekeeping operation. 

19 (F) FINANCIAL LIABILITY AND VICTIMS

20 ASSISTANCE.—Although peacekeeping oper21 ations should provide immediate medical assist22 ance to victims of sexual abuse or exploitation, 

23 the responsibility for providing longer-term 

24 treatment, care, or restitution lies solely with 

25 the individual found guilty of the misconduct. 
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1 In particular, the following reforms should be 

2 implemented: 

3 (i) The United Nations should not as4 sume responsibility for providing long-term 

5 treatment or compensation by creating a 

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

7 similar fund, financed through assessed 

8 contributions to United Nations peace9 keeping operations, thereby shielding indi10 viduals from personal liability and rein11 forcing an atmosphere of impunity. 

12 (ii) If an individual responsible for 

13 misconduct has been repatriated, reas14 signed, redeployed, or is otherwise unable 

15 to provide assistance, responsibility for 

16 providing assistance to a victim should be 

17 assigned to the Member State that contrib18 uted the troops to which such individual 

19 belonged or to the manager concerned. 

20 (iii) In the case of misconduct by a 

21 member of a military contingent, appro22 priate funds shall be withheld from the 

23 troop contributing country concerned. 

24 (iv) In the case of misconduct by a ci25 vilian employee or contractor of the United 
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1 Nations, appropriate wages shall be gar2 nished from such individual or fines shall 

3 be imposed against such individual, con4 sistent with existing United Nations Staff 

5 Rules. 

6 (G) MANAGERS AND COMMANDERS.—The 

7 manner in which managers and commanders 

8 handle cases of misconduct by those serving 

9 under them should be included in their indi10 vidual performance evaluations, so that man11 agers and commanders who take decisive action 

12 to deter and address misconduct are rewarded, 

13 while those who create a permissive environ14 ment or impede investigations are penalized or 

15 relieved of duty, as appropriate. 

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

17 should be created and maintained within the 

18 United Nations Department of Peacekeeping 

19 Operations to track cases of misconduct, includ20 ing the outcome of investigations and subse21 quent prosecutions, to ensure that personnel 

22 who have engaged in misconduct or other crimi23 nal activities, regardless of category or rank, 

24 are permanently barred from participation in 

25 future peacekeeping operations. 
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1 (I) WELFARE.—Peacekeeping operations 

2 should assume responsibility for maintaining a 

3 minimum standard of welfare for mission per4 sonnel to ameliorate conditions of service, while 

5 adjustments are made to the discretionary wel6 fare payments currently provided to Member 

7 States that contribute troops to offset the cost 

8 of operation-provided recreational facilities. 

9 (3) PEACEBUILDING COMMISSION.— 

10 (A) ESTABLISHMENT.—Consistent with 

11 the recommendations of the High Level Panel 

12 Report, the United Nations should establish a 

13 Peacebuilding Commission, supported by a 

14 Peacebuilding Support Office, to marshal the 

15 efforts of the United Nations, international fi16 nancial institutions, donors, and non-govern17 mental organizations to assist countries in tran18 sition from war to peace. 

19 (B) STRUCTURE AND MEMBERSHIP.—The 

20 Commission should— 

21 (i) be a subsidiary body of the United 

22 Nations Security Council, limited in size to 

23 ensure efficiency; 

24 (ii) include members of the United 

25 Nations Security Council, major donors, 
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1 major troop contributing countries, appro2 priate United Nations organizations, the 

3 World Bank, and the International Mone4 tary Fund; and 

5 (iii) invite the President of ECOSOC, 

6 regional actors, Member States that con7 tribute troops, regional development banks, 

8 and other concerned parties that are not 

9 already members, as determined appro10 priate, to consult or participate in meet11 ings as observers. 

12 (C) RESPONSIBILITIES.—The Commission 

13 should seek to ease the demands currently 

14 placed upon the Department of Peacekeeping 

15 Operations to undertake tasks that fall beyond 

16 the scope of traditional peacekeeping, by— 

17 (i) developing and integrating coun18 try-specific and system-wide conflict pre19 vention, post-conflict reconstruction, and 

20 long-term development policies and strate21 gies; and 

22 (ii) serving as the key coordinating 

23 body for the design and implementation of 

24 military, humanitarian, and civil adminis25 tration aspects of complex missions. 
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1 (D) RESOURCES.—The establishment of 

2 the Peacebuilding Commission and the related 

3 Peacebuilding Support Office, should be staffed 

4 within existing resources. 

5 SEC. 403. CERTIFICATION. 

6 (a) NEW OR EXPANDED PEACEKEEPING OPER7 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI8 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 

9 (1) NO NEW OR EXPANDED PEACEKEEPING OP10 ERATIONS.— 

11 (A) CERTIFICATION.—Except as provided 

12 in subparagraph (B), until the Secretary of 

13 State certifies that the requirements described 

14 in paragraph (2) have been satisfied, the Presi15 dent shall direct the United States Permanent 

16 Representative to the United Nations to use the 

17 voice, vote, and influence of the United States 

18 at the United Nations to oppose the creation of 

19 new, or expansion of existing, United Nations 

20 peacekeeping operations. 

21 (B) EXCEPTION AND NOTIFICATION.—The 

22 requirements described under subparagraphs 

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

24 until January 1, 2007, if the President deter25 mines that such is in the national interest of 
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1 the United States. If the President makes such 

2 a determination, the President shall, not later 

3 than 15 days before the exercise of such waiver, 

4 notify the appropriate congressional committees 

5 of such determination and resulting waiver. 

6 (2) CERTIFICATION OF PEACEKEEPING OPER7 ATIONS REFORMS.—The certification referred to in 

8 paragraph (1) is a certification made by the Sec9 retary to the appropriate congressional committees 

10 that the following reforms, or an equivalent set of 

11 reforms, related to peacekeeping operations have 

12 been adopted by the United Nations Department of 

13 Peacekeeping Operations or the General Assembly, 

14 as appropriate: 

15 (A) A single, uniform Code of Conduct 

16 that has the status of a binding rule and ap17 plies equally to all personnel serving in United 

18 Nations peacekeeping operations, regardless of 

19 category or rank, has been adopted by the Gen20 eral Assembly and mechanisms have been estab21 lished for training such personnel concerning 

22 the requirements of the Code and enforcement 

23 of the Code. 

24 (B) All personnel, regardless of category or 

25 rank, serving in a peacekeeping operation have 
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1 been trained concerning the requirements of the 

2 Code of Conduct and each has been given a per3 sonal copy of the Code, translated into the na4 tional language of such personnel. 

5 (C) All personnel, regardless of category or 

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

7 received a copy of the Code of Conduct, that 

8 each pledges to abide by the Code, and that 

9 each understands the consequences of violating 

10 the Code, including the immediate termination 

11 of the participation of such personnel in the 

12 peacekeeping operation to which such personnel 

13 is assigned as a condition of the appointment to 

14 such operation. 

15 (D) All peacekeeping operations have de16 signed and implemented educational outreach 

17 programs to reach local communities where 

18 peacekeeping personnel of such operations are 

19 based to explain prohibited acts on the part of 

20 United Nations peacekeeping personnel and to 

21 identify the individual to whom the local popu22 lation may direct complaints or file allegations 

23 of exploitation, abuse, or other acts of mis24 conduct. 
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1 (E) A centralized data base has been cre2 ated and is being maintained in the United Na3 tions Department of Peacekeeping Operations 

4 that tracks cases of misconduct, including the 

5 outcomes of investigations and subsequent pros6 ecutions, to ensure that personnel, regardless of 

7 category or rank, who have engaged in mis8 conduct or other criminal activities are perma9 nently barred from participation in future 

10 peacekeeping operations. 

11 (F) A Model Memorandum of Under12 standing between the United Nations and each 

13 Member State that contributes troops to a 

14 peacekeeping operation has been adopted by the 

15 United Nations Department of Peacekeeping 

16 Operations that specifically obligates each such 

17 Member State to— 

18 (i) designate a competent legal au19 thority, preferably a prosecutor with exper20 tise in the area of sexual exploitation and 

21 abuse, to participate in any investigation 

22 into an allegation of misconduct brought 

23 against an individual of such Member 

24 State; 
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1 (ii) refer to its competent national or 

2 military authority for possible prosecution, 

3 if warranted, any investigation of a viola4 tion of the Code of Conduct or other crimi5 nal activity by an individual of such Mem6 ber State; 

7 (iii) report to the Department of 

8 Peacekeeping Operations on the outcome 

9 of any such investigation; 

10 (iv) undertake to conduct on-site court 

11 martial proceedings relating to allegations 

12 of misconduct alleged against an individual 

13 of such Member State; and 

14 (v) assume responsibility for the pro15 vision of appropriate assistance to a victim 

16 of misconduct committed by an individual 

17 of such Member State. 

18 (G) A professional and independent inves19 tigative and audit function has been established 

20 within the United Nations Department of 

21 Peacekeeping Operations and the OIOS to mon22 itor United Nations peacekeeping operations. 
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1 SEC. 404. RULE OF CONSTRUCTION RELATING TO PROTEC2 TION OF UNITED STATES OFFICIALS AND 

3 MEMBERS OF THE ARMED FORCES. 

4 Nothing in this title shall be construed as superseding 

5 the Uniform Code of Military Justice or operating to effect 

6 the surrender of United States officials or members of the 

7 Armed Forces to a foreign country or international tri8 bunal, including the International Criminal Court, for 

9 prosecutions arising from peacekeeping operations or 

10 other similar United Nations-related activity, and nothing 

11 in this title shall be interpreted in a manner inconsistent 

12 with the American Servicemembers’ Protection Act of 

13 2002 (title II of the 2002 Supplemental Appropriations 

14 Act for Further Recovery From and Response To Ter15 rorist Attacks on the United States; Public Law 107– 

16 206). 

17 TITLE V—DEPARTMENT OF 

18 STATE AND GOVERNMENT AC19 COUNTABILITY OFFICE 

20 SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT 

21 INTERNATIONAL ORGANIZATIONS. 

22 The Secretary of State shall make every effort to re23 cruit United States citizens for positions within inter24 national organizations. 
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1 SEC. 502. BUDGET JUSTIFICATION FOR REGULAR AS2 SESSED BUDGET OF THE UNITED NATIONS. 

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

5 request in support of the assessed contribution of the 

6 United States to the regular assessed budget of the United 

7 Nations. 

8 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

9 detailed itemization required under subsection (a) shall— 

10 (1) contain information relating to the amounts 

11 requested in support of each of the various sections 

12 and titles of the regular assessed budget of the 

13 United Nations; and 

14 (2) compare the amounts requested for the cur15 rent year with the actual or estimated amounts con16 tributed by the United States in previous fiscal years 

17 for the same sections and titles. 

18 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

19 United Nations proposes an adjustment to its regular as20 sessed budget, the Secretary of State shall, at the time 

21 such adjustment is presented to the Advisory Committee 

22 on Administrative and Budgetary Questions (ACABQ), 

23 notify and consult with the appropriate congressional com24 mittees. 
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1 SEC. 503. REVIEW AND REPORT. 

2 Not later than 6 months after the date of the enact3 ment of this Act, the Secretary of State shall conduct a 

4 review of programs of the United Nations that are funded 

5 through assessed contributions and submit to the appro6 priate congressional committees a report containing— 

7 (1) the findings of such review; and 

8 (2) recommendations relating to— 

9 (A) the continuation of such programs; 

10 and 

11 (B) which of such programs should be vol12 untarily funded, other than those specified in 

13 subparagraphs (A) through (R) of subsection 

14 (c)(2) of section 11 of the United Nations Par15 ticipation Act of 1945, as amended by section 

16 101(c) of this Act. 

17 SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE. 

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

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

20 this Act and again 12 months thereafter, the Comptroller 

21 General of the United States of the Government Account22 ability Office shall submit to the appropriate congressional 

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

24 2005 management reforms initiated by the Secretary Gen25 eral and on the reforms mandated by this Act. 
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1 (b) REPORT ON DEPARTMENT OF STATE CERTIFI2 CATIONS.—Not later than 6 months after each certifi3 cation submitted by the Secretary of State to the appro4 priate congressional committees under this Act and sub5 section (d)(3) of section 11 of the United Nations Partici6 pation Act of 1945 (as amended by section 101(c) of this 

7 Act), the Comptroller General shall submit to the appro8 priate congressional committees a report on each such cer9 tification. The Secretary shall provide the Comptroller 

10 General with any information required by the Comptroller 

11 General to submit any such report. 

12 (c) UNITED NATIONS CONSTRUCTION AND CON13 TRACTING.—Not later than 6 months after the date of the 

14 enactment of this Act, the Comptroller General shall sub15 mit to the Committee on International Relations of the 

16 House of Representatives, the Committee on Foreign Re17 lations of the Senate, the Committee on Appropriations 

18 of the House of Representatives, and the Committee on 

19 Appropriations of the Senate a report describing the costs 

20 associated with the contracting for and construction of the 

21 Geneva, Switzerland, buildings of the World Meteorolog22 ical Organization (WMO) and the World Intellectual Prop23 erty Organization (WIPO). The report shall include anal24 yses of the procurement procedures for each such building 

25 and shall specifically address issues of any corrupt con-
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1 tracting practices that are discovered, such as rigged bids 

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

3 shall also include an identification of other credible allega4 tions of corrupt contracting at United Nations construc5 tion projects that involve major construction on a scale 

6 comparable to the WMO and WIPO construction projects, 

7 and a description of the results of an investigation into 

8 each such credible allegation. 

9 TITLE VI—CERTIFICATIONS AND 

10 WITHHOLDING OF CONTRIBU11 TIONS 

12 SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CON13 TRIBUTIONS. 

14 (a) CERTIFICATIONS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (3), the certifications required under sub17 section (d)(3) of section 11 of the United Nations 

18 Participation Act of 1945 (as amended by section 

19 101(c) of this Act) and section 103, sections 104(a) 

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

21 201(c) and 201(e), and sections 202 and 203 of this 

22 Act are certifications submitted to the appropriate 

23 congressional committees by the Secretary of State 

24 that the requirements of each such section have been 
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1 satisfied with respect to reform of the United Na2 tions. 

3 (2) ALTERNATE CERTIFICATION MECHANISM.— 

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

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

6 is unable to submit a certification in accordance 

7 with paragraph (1), the Secretary may submit 

8 to the appropriate congressional committees, in 

9 accordance with subparagraph (B), an alternate 

10 certification that certifies that the requirements 

11 of the section to which the original certification 

12 applies have been implemented through reforms 

13 that are substantially similar to the require14 ments of such section or accomplish the same 

15 purposes as the requirements of such section. 

16 (B) EQUIVALENCY.—Reforms are substan17 tially similar or accomplish the same purposes 

18 if— 

19 (i) such reforms are formally adopted 

20 in written form by the entity or committee 

21 of the United Nations or of its specialized 

22 agency that has authority to enact or im23 plement such reforms or are issued by the 

24 Secretariat or the appropriate entity or 

25 committee in written form; and 
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1 (ii) such reforms are not identical to 

2 the reforms required by a particular cer3 tification but in the determination of the 

4 Secretary will have the same, or nearly the 

5 same effect, as such reforms. 

6 (C) WRITTEN JUSTIFICATION AND CON7 SULTATION.— 

8 (i) WRITTEN JUSTIFICATION.—Not 

9 later than 30 days before submitting an al10 ternate certification in accordance with 

11 subparagraph (A), the Secretary shall sub12 mit to the appropriate congressional com13 mittees a written justification explaining in 

14 detail the basis for such alternate certifi15 cation. 

16 (ii) CONSULTATION.—After the Sec17 retary has submitted the written justifica18 tion under clause (i), but no later than 15 

19 days before the Secretary exercises the al20 ternate certification mechanism described 

21 under subparagraph (A), the Secretary 

22 shall consult with the appropriate congres23 sional committees regarding such exercise. 

24 (3) LIMITED EXCEPTION FOR SUBSTANTIAL

25 COMPLIANCE.— 
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1 (A) SUBSTANTIAL COMPLIANCE.—Subject 

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

3 reforms represented by the 11 certifications 

4 specified under paragraph (1) have been imple5 mented, all such reforms (including the 

6 unimplemented reforms) so represented shall be 

7 deemed to have been implemented for the year 

8 in which the Secretary submits such certifi9 cations. 

10 (B) MANDATORY IMPLEMENTATION OF

11 CERTAIN REFORMS.— 

12 (i) IN GENERAL.—The provisions of 

13 subparagraph (A) shall not apply unless 

14 the reforms under the following sections 

15 have been implemented for the year to 

16 which subparagraph (A) applies: 

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

18 11 of the United Nations Participa19 tion Act of 1945 (as amended by sec20 tion 101(c) of this Act). 

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

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

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

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

25 (VI) Section 104(b)(1). 
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1 (VII) Section 104(b)(2). 

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

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

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

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

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

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

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

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

10 (ii) FULL COMPLIANCE IN SUC11 CEEDING YEAR.—If the unimplemented re12 forms under subparagraph (A) are not im13 plemented in the year succeeding the year 

14 to which subparagraph (A) applies, the 

15 provisions of subsection (b) shall apply for 

16 such succeeding year. 

17 (b) WITHHOLDING OF UNITED STATES CONTRIBU18 TIONS TO REGULAR ASSESSED BUDGET OF THE UNITED

19 NATIONS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (4) and in accordance with paragraph (2), 

22 until such time as all certifications (or alternate cer23 tifications) are submitted in accordance with sub24 section (a), the United States shall appropriate, but 

25 withhold from expenditure, 50 percent of the con-
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1 tributions of the United States to the regular as2 sessed budget of the United Nations for a biennial 

3 period. 

4 (2) AVAILABLE UNTIL EXPENDED.—The con5 tributions appropriated but withheld from expendi6 ture under paragraph (1) are authorized to remain 

7 available until expended. 

8 (3) APPLICATION WITH RESPECT TO SECTION

9 11(b) OF THE UNITED NATION PARTICIPATION ACT

10 OF 1945.—Until such time as all certifications (or al11 ternate certifications) are submitted in accordance 

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

13 the United Nations Participation Act of 1945 (as 

14 amended by section 101(c) of this Act) shall be ad15 ministered as though such section reads as follows: 

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

17 regularly assessed biennial budget of the United Na18 tions in an amount greater than 11 percent of the 

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

20 (4) SECTION 11(d)(3) OF UNITED NATIONS

21 PARTICIPATION ACT OF 1945.— 

22 (A) SPECIAL RULE.—A certification under 

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

24 Nations Participation Act of 1945 (as amended 

25 by section 101(c) of this Act) (relating to the 
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1 2008–2009 biennial period and subsequent bi2 ennial periods) shall not be required until such 

3 time as the United Nations makes its formal 

4 budget presentation for the 2008–2009 biennial 

5 period. 

6 (B) APPLICATION.—If the Secretary does 

7 not submit a certification under such section, 

8 the 50 percent withholding described under 

9 paragraph (1) shall apply. 

10 (c) RELEASE OF FUNDS.—At such time as all certifi11 cations (or alternate certifications) are submitted in ac12 cordance with subsection (a), the United States shall 

13 transfer to the United Nations amounts appropriated but 

14 withheld from expenditure under subsection (b). 

15 (d) ANNUAL REVIEWS.— 

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

17 annual reviews, beginning 1 year after the date on 

18 which the Secretary submits the final certification 

19 (or alternate certification) in accordance with sub20 section (a), to determine if the United Nations con21 tinues to remain in compliance with all such certifi22 cations (or alternate certifications). Not later than 

23 30 days after the completion of each such review, 

24 the Secretary shall submit to the appropriate con-
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1 gressional committees a report containing the find2 ings of each such review. 

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

4 review the Secretary determines that the United Na5 tions has failed to remain in compliance with a cer6 tification (or an alternate certification) that was 

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

8 percent withholding described under subsection (b) 

9 shall re-apply with respect to United States con10 tributions each fiscal year to the regular assessed 

11 budget of the United Nations beginning with the fis12 cal year immediately following such review and sub13 sequent fiscal years until such time as all certifi14 cations (or alternate certifications) under subsection 

15 (a) have been submitted. 

16 (e) EFFECTIVE DATE.—The certifications (or alter17 nate certifications) specified under subsection (a) shall be 

18 required with respect to United States contributions to19 wards payment of regular assessed dues of the United Na20 tions for 2007 and subsequent years. 
Calendar No. 165 

109TH CONGRESS 

1ST SESSION S. 1394 

A BILL 

To reform the United Nations, and for other 

purposes. 

JULY 14, 2005 

Read the second time and placed on the calendar