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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7939 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7939

    To counter malign influence, require transparency, and promote 
    accountability within the United Nations system, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2020

  Mr. McCaul introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
    To counter malign influence, require transparency, and promote 
    accountability within the United Nations system, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Transparency and 
Accountability Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Employee.--The term ``employee'' means staff who are 
        compensated in any form in the general services, professional 
        staff, or senior management of the United Nations system, 
        including consultants, contractors, and subcontractors.
            (3) Malign influence operations.--The term ``malign 
        influence operations'' means a coordinated, integrated, and 
        synchronized application by a Member State of national 
        diplomatic, informational, military, economic, or other 
        capabilities, to foster attitudes, behaviors, or decisions by a 
        United Nations Entity, or within the United Nations system, 
        that furthers the national interests and objectives of a Member 
        State, in a manner inconsistent with the United Nations 
        Charter.
            (4) Member state.--The term ``Member State'' means a 
        country that is a Member State of the United Nations.
            (5) Senior level employee of the united nations.--The term 
        ``senior level employee of the United Nations'' means an 
        individual who is employed in the professional staff or senior 
        management of the United Nations system, serving at the level 
        of D-1 or higher.
            (6) United nations entity.--The term ``United Nations 
        entity'' means the United Nations General Assembly, the 
        Economic and Social Council, the Security Council, the 
        Secretariat, the related organizations, the specialized 
        agencies, or subsidiary body.
            (7) United nations system.--The term ``United Nations 
        system'' means an aggregation of all United Nations entities.
            (8) United states contribution.--The term ``United States 
        contribution'' means an assessed or voluntary contribution, 
        whether financial, in-kind, or otherwise, from the United 
        States Government to a United Nations entity.

   TITLE I--COUNTERING MALIGN INFLUENCE OPERATIONS WITHIN THE UNITED 
                             NATIONS SYSTEM

SEC. 101. FINDINGS.

    Congress finds the following:
            (1) Article 100 of the United Nations Charter provides that 
        United Nations Secretariat staff ``shall not seek or receive 
        instructions from any government or from any authority external 
        to the Organization''.
            (2) Furthermore, it requires Member States to ``respect the 
        exclusively international character of the responsibilities of 
        the Secretary-General and the staff and not to seek to 
        influence them in the discharge of their responsibilities''.
            (3) For decades, Russia has manipulated the United Nations 
        procurement process to its own benefit, especially in air 
        assets. Russian nationals in key procurement and personnel 
        positions inside the United Nations have repeatedly drafted 
        procurement contracts designed to ensure that Russian airframes 
        and pilots have an unfair advantage when bidding for these 
        contracts.
            (4) According to Human Rights Watch, the People's Republic 
        of China (PRC) has used its leadership roles within the United 
        Nations to block nongovernmental organizations critical of the 
        PRC from being accredited to the U.N. PRC diplomats have 
        violated U.N. rules by harassing activists by photographing and 
        filming them on U.N. property, as well as contacting U.N. 
        employees in efforts to intimidate and harass them.
            (5) In 2013, PRC authorities detained Cao Shunli after she 
        tried to attend trainings in Geneva on the Human Rights 
        Council. She was arrested at Beijing Airport and disappeared 
        for several weeks. She had previously called on the Chinese 
        Communist Party to work with civil society during the drafting 
        of the PRC's second Universal Periodic Review, a mechanism by 
        which the U.N. Human Rights Council reviews the human rights 
        record of Member States. After five and a half months in 
        detention, she died in a military hospital in Beijing. When 
        NGOs at the Human Rights Council called for a moment of silence 
        in memory of Cao, the PRC delegation blocked the request.
            (6) In a 2019 interview with China Central Television, Wu 
        Hongbo, the former Under-Secretary-General of the United 
        Nations and head of the United Nations Department of Economic 
        and Social Affairs (UNDESA), stated publicly that as a United 
        Nations Employee, he prioritized the PRC's interests above the 
        impartiality of the United Nations system. When discussing how 
        he demanded the United Nations police expel Dolkun Isa, an 
        accredited nongovernmental organization (NGO) participant, from 
        the United Nations headquarters, Wu Hongbo described him as a 
        ``Xinjiang separatist'' and bragged about intimidating an 
        Assistant Secretary-General who complained. He went on to say 
        ``I think being a Chinese diplomat means one can't be careless, 
        when it is about protecting China's national interest and 
        safety. We have to strongly defend the motherland's 
        interests.''.
            (7) Despite this action, Wu Hongbo was succeeded as Under-
        Secretary-General and head of UNDESA by Liu Zhenmin, another 
        PRC national. Under-Secretary-General Liu continues to 
        prioritize PRC national interests above the impartiality 
        required in his role.
            (8) On September 19, 2019, the United States Department of 
        State expelled two members of the Permanent Mission of Cuba to 
        the United Nations for ``attempts to conduct influence 
        operations against the United States''.

SEC. 102. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) identify, report, and hold accountable Member States 
        who engage in malign influence operations and United Nations 
        employees who act inconsistently with the principals of 
        impartiality enshrined in the United Nations Charter;
            (2) oppose the election as the head of any United Nations 
        entity of nationals from Member States conducting malign 
        influence operations; and
            (3) support Taiwan's membership or meaningful 
        participation, as appropriate, in relevant United Nations 
        entities in which Taiwan has expressed an interest in 
        participating.

SEC. 103. DESIGNATION OF SENIOR OFFICIAL.

     The Secretary of State shall designate a Senate-confirmed senior 
level official of the United States Mission to the United Nations (US-
UN) to provide guidance regarding implementation of the policies 
specified in section 102, fulfill the reporting requirements of section 
104, and coordinate the implementation of this title within the United 
States Government.

SEC. 104. REPORT.

    (a) In General.--Not later than August 1, 2020, and annually 
thereafter for four years, the Secretary of State shall submit to the 
appropriate congressional committees an unclassified report, which may 
include a classified annex, regarding malign influence operations 
within the United Nations system.
    (b) Contents.-- Each report under subsection (a) shall include the 
following:
            (1) A list of Member States determined to be engaged in 
        malign influence operations within the United Nations system.
            (2) Actions inconsistent with the principle of impartiality 
        enshrined in the United Nations Charter by the government of 
        these Member States.
            (3) A description of the impact of such operations on the 
        interests and security of the United States.

SEC. 105. IMPLEMENTATION.

    The President shall direct the United States Permanent 
Representative to the United Nations to use the voice, vote, and 
influence of the United States at the United Nations to implement the 
policies specified in section 102.

SEC. 106. PRESIDENTIAL ACTIONS IN RESPONSE TO MALIGN INFLUENCE 
              OPERATIONS WITHIN THE UNITED NATIONS SYSTEM.

    (a) Policy.--It shall be the policy of the United States to--
            (1) oppose malign influence operations that are or have 
        been engaged in by the governments of Member States; and
            (2) promote respect for the impartiality and independence 
        of the United Nations system in countries designated pursuant 
        to subsection (b).
    (b) Designations of Countries as Malign Global Actors.--
            (1) Annual review.--Not later than September 1, 2020, and 
        annually thereafter for four years, the President shall review 
        the reports required under section 104 to determine whether the 
        government of a country included in the most recent such 
        report, in addition to any other available evidence or 
        information, has engaged in malign influence operations that 
        threatened the interests or security of the United States 
        during the preceding 12 month period or since the date of the 
        last review of that country under this subparagraph, whichever 
        period is longer. The President shall designate each country 
        the government of which has engaged in such operations that 
        have so threatened the interests or security of the United 
        States as a malign global actor.
            (2) Congressional notification.--Whenever the President 
        designates a country as a malign global actor under paragraph 
        (1)(A), the President shall, as soon as practicable after such 
        designation is made, transmit to the appropriate congressional 
        committees such designation, including an explanation for why 
        such designation was made.

SEC. 107. REPORT ON ACCOUNTABILITY OF SENIOR LEVEL EMPLOYEES OF THE 
              UNITED NATIONS.

    No later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall report to the appropriate congressional 
committees on feasible mechanisms and ongoing efforts to increase the 
accountability of senior level employees of the United Nations.

  TITLE II--SUPPORTING UNITED STATES ENGAGEMENT IN THE UNITED NATIONS 
                                 SYSTEM

SEC. 201. OFFICE OF AMERICAN CITIZENS.

    (a) In General.--The Secretary of State shall establish an Office 
of American Citizens as a separate office within the Department of 
State's Bureau of International Organization Affairs (IO).
    (b) Duties.--The Office of American Citizens shall--
            (1) advocate for the employment of United States citizens 
        by all international organizations of which the United States 
        is a member, including the United Nations system;
            (2) coordinate the interagency support of non-United States 
        candidates for leadership or oversight roles within such 
        international organizations when--
                    (A) no United States citizen candidate has been 
                nominated for election to such a leadership role; and
                    (B) it is determined that providing such support is 
                in the interest of the United States.
            (3) develop and maintain a publicly accessible database of 
        open positions at such international organizations and provide 
        details on how United States citizens may submit applications 
        for such positions;
            (4) communicate regularly with members of Congress to 
        solicit the names of qualified candidates for such positions; 
        and
            (5) maintain a comprehensive and current list of all United 
        States citizens employed by such international organizations 
        and regularly report to Congress on the number of such citizens 
        and identify any discrimination, prejudice, or perceived bias 
        against such citizens seeking to secure such employment.
    (c) Coordination.--The head of the Office of American Citizens 
shall coordinate all nominations for international organizations for 
all agencies of the Federal Government. Agencies of the Federal 
Government shall recommend to the head of the Office of American 
Citizens for consideration candidates for election, promotion, or 
advocacy within relevant international organizations.
    (d) Personnel.--The Secretary shall ensure that the Office of 
American Citizens is adequately staffed at all times to fulfill its 
mandate under this Act.
    (e) Reporting.--The head of the office established by this section 
shall report directly to the Principal Deputy Assistant Secretary 
within IO.

SEC. 202. JUNIOR PROFESSIONAL OFFICERS.

    (a) Increase in Junior Professional Officer Positions.--The 
Secretary of State shall increase by not fewer than 50 percent the 
number of Junior Professional Officer positions sponsored by the United 
States within the United Nations system over the number of such 
positions so sponsored as of the date of the enactment of this Act.
    (b) Coordination.--Not later than December 31 of each year, the 
head of each bureau of the Department of State shall provide the head 
of the Office of American Citizens of the Department information 
regarding the amount of funding each such bureau has designated during 
the immediately preceding fiscal year for Junior Professional Officer 
positions in the United Nations system and the number of such positions 
that exist as of such fiscal year.

     TITLE III--TRANSPARENCY AND ACCOUNTABILITY FOR UNITED STATES 
                  CONTRIBUTIONS TO THE UNITED NATIONS

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) As underscored by repeated revelations of waste, fraud, 
        and abuse, oversight and accountability mechanisms within the 
        United Nations system remain deficient, despite decades of 
        reform attempts, including those initiated by Secretaries 
        General of the United Nations.
            (2) Notwithstanding the personal intentions of any 
        Secretary General of the United Nations to promote 
        institutional transparency and accountability within the United 
        Nations system, the Secretary General lacks the power to impose 
        far reaching management reforms without the concurrence of the 
        General Assembly.
            (3) The United Nations Office of Internal Oversight 
        Services (OIOS) is tasked with providing transparency and 
        accountability to Member States.
            (4) The United States successfully led efforts within the 
        General Assembly to expand OIOS, resulting in increased 
        independence of the office and an enhanced ability to expose 
        fraud, waste, abuse, and other misconduct.
            (5) However, to an unacceptable degree, major donor states, 
        including the United States, lack access to reasonably 
        detailed, reliable information on the use of funding made 
        available through single-country trust funds, as well as the 
        outcomes and results stemming from United Nations activities 
        that would allow them to determine the overall performance of 
        the United Nations system.

SEC. 302. ANNUAL REPORT ON FINANCIAL CONTRIBUTIONS.

    Subsection (b) of section 4 of the United Nations Participation Act 
of 1945 (22 U.S.C. 287b) is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) In general.--Not later than''; and
            (2) by adding at the end the following new paragraphs:
            ``(2) Contents.--Each report required under this subsection 
        shall set forth, for the fiscal year covered by such report, 
        information relating to the following:
                    ``(A) The total amount of all United States 
                contributions to international organizations in which 
                the United States participates as a member.
                    ``(B) The approximate percentage of United States 
                contributions to each international organization, when 
                compared with all contributions to any such 
                international organization, from any source.
                    ``(C) For each such United States contribution, 
                information relating to the following:
                            ``(i) The amount of such contribution.
                            ``(ii) A description of such contribution 
                        (including whether assessed or voluntary).
                            ``(iii) The department or agency of the 
                        United States Government responsible for such 
                        contribution.
                            ``(iv) The purpose of such contribution.
                            ``(v) An identification of the 
                        international organization, receiving such 
                        contribution.
            ``(3) Public availability of information.--Not later than 
        14 days after submitting each report required under this 
        subsection, the Director of the Office of Management and Budget 
        shall post a public version of such report on a text-based, 
        searchable, and publicly available internet website.''.
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