I 

114TH CONGRESS 

1ST SESSION H. R. 3667 

To promote transparency, accountability, and reform within the United 

Nations system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2015 

Ms. ROS-LEHTINEN introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

To promote transparency, accountability, and reform within 

the United Nations system, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘United Nations Transparency, Accountability, and Re6 form Act of 2015’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FUNDING OF THE UNITED NATIONS 


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Sec. 101. Findings. 

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

basis. 

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

budget of the United Nations. 

Sec. 104. Report on United Nations reform. 

TITLE II—TRANSPARENCY AND ACCOUNTABILITY FOR UNITED 

STATES CONTRIBUTIONS TO THE UNITED NATIONS 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Oversight of United States contributions to the United Nations System. 

Sec. 204. Transparency for United States Contributions. 

Sec. 205. Integrity for United States Contributions. 

Sec. 206. Refund of monies owed by the United Nations to the United States. 

Sec. 207. Annual reports on United States Contributions to the United Nations. 

Sec. 208. Report on United Nations procurement practices. 

TITLE III—UNITED STATES POLICY AT THE UNITED NATIONS 

Sec. 301. Annual publication. 

Sec. 302. Annual financial disclosure. 

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

Sec. 304. Access to reports and audits. 

Sec. 305. Waiver of immunity. 

Sec. 306. Review of United Nations Conventions on Terrorism. 

Sec. 307. Report on United Nations personnel. 

Sec. 308. United Nations treaty bodies. 

Sec. 309. Equality at the United Nations. 

Sec. 310. Anti-Semitism and the United Nations. 

Sec. 311. United States policy on Taiwan’s participation in United Nations Entities. 

Sec. 312. United States policy on Tier 3 human rights violators. 

TITLE IV—STATUS OF PALESTINIAN ENTITIES AT THE UNITED 

NATIONS 

Sec. 401. Findings. 

Sec. 402. Statement of policy. 

Sec. 403. Implementation. 

TITLE V—UNITED NATIONS HUMAN RIGHTS COUNCIL 

Sec. 501. Findings. 

Sec. 502. Human Rights Council membership and funding. 

TITLE VI—2014 GAZA REPORT 

Sec. 601. Findings. 

Sec. 602. Statement of policy. 

Sec. 603. Withholding of funds; Refund of United States taxpayer dollars. 

TITLE VII—BIASED AND COMPROMISED ACTIVITIES 

Sec. 701. Withholding of funds. 


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TITLE VIII—UNRWA 

Sec. 801. Findings. 

Sec. 802. United States Contributions to UNRWA. 

Sec. 803. Sense of Congress. 

TITLE IX—INTERNATIONAL ATOMIC ENERGY AGENCY 

Sec. 901. Technical cooperation program. 

Sec. 902. United States policy at the IAEA. 

Sec. 903. Sense of Congress regarding the Nuclear Security Action Plan of the 

IAEA. 

TITLE X—PEACEKEEPING 

Sec. 1001. Reform of United Nations peacekeeping operations. 

Sec. 1002. Policy relating to reform of United Nations peacekeeping operations. 

Sec. 1003. Certification. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) EMPLOYEE.—The term ‘‘employee’’ means 

4 an individual who is employed in the general serv5 ices, professional staff, or senior management of the 

6 United Nations, including consultants, contractors, 

7 and subcontractors. 

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

9 Assembly’’ means the General Assembly of the 

10 United Nations. 

11 (3) MEMBER STATE.—The term ‘‘Member 

12 State’’ means a Member State of the United Na13 tions. Such term is synonymous with the term 

14 ‘‘country’’. 

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

16 the Secretary of State. 


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1 (5) SECRETARY GENERAL.—The term ‘‘Sec2 retary General’’ means the Secretary General of the 

3 United Nations. 

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

5 Council’’ means the Security Council of the United 

6 Nations. 

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

8 Nations. 

9 (8) UNITED NATIONS ENTITY.—The term 

10 ‘‘United Nations Entity’’ means any United Nations 

11 agency, commission, conference, council, court, de12 partment, forum, fund, institute, office, organiza13 tion, partnership, program, subsidiary body, tri14 bunal, trust, university or academic body, related or15 ganization or subsidiary body, wherever located, that 

16 flies the United Nations flag or is authorized to use 

17 the United Nations logo, including those United Na18 tions affiliated agencies and bodies identified as re19 cipients of United States contributions under section 

20 1225(b)(3)(E) of the John Warner National Defense 

21 Authorization Act for Fiscal Year 2007 (Public Law 

22 109–364), but not including the International Bank 

23 for Reconstruction and Development, the Inter24 national Centre for Settlement of Investment Dis25 putes, the International Development Association, 


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1 the International Finance Corporation, the Multilat2 eral Investment Guarantee Agency, and the World 

3 Trade Organization. 

4 (9) UNITED NATIONS SYSTEM.—The term 

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

6 all United Nations Entities, as defined in paragraph 

7 (8). 

8 (10) UNITED STATES CONTRIBUTION.—The 

9 term ‘‘United States Contribution’’ means an as10 sessed or voluntary contribution, whether financial, 

11 in-kind, or otherwise, from the United States Gov12 ernment to a United Nations Entity, including con13 tributions passed through other entities for ultimate 

14 use by a United Nations Entity. United States Con15 tributions include those contributions identified pur16 suant to section 1225(b)(3)(E) of the John Warner 

17 National Defense Authorization Act for Fiscal Year 

18 2007 (Public Law 109–364). 

19 (11) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committees on Foreign Affairs, 

23 Appropriations, and Oversight and Government 

24 Reform of the House of Representatives; and 


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1 (B) the Committees on Foreign Relations, 

2 Appropriations, and Homeland Security and 

3 Governmental Affairs of the Senate. 

4 TITLE I—FUNDING OF THE 

5 UNITED NATIONS 

6 SEC. 101. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The United States pays billions of dollars 

9 into the United Nations system every year (almost 

10 $7,700,000,000 in 2010, according to the White 

11 House Office of Management and Budget, the last 

12 time a complete report has been provided), signifi13 cantly more than any other nation. 

14 (2) The Secretary of State has yet provide to 

15 Congress a report on all United States contributions 

16 to the United Nations and United Nations Entities 

17 as required 90 days after the enactment of the Con18 solidated and Further Continuing Appropriations 

19 Act of 2015 (Public Law 113–235) on December 16, 

20 2014, in accordance with House Report 113–499, 

21 which accompanied the State, Foreign Operations, 

22 and Related Programs Appropriations Bill of 2015. 

23 (3) Under current rules and contribution levels, 

24 it is possible to assemble the two-thirds majority 

25 needed for important United Nations budget votes 


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1 with a group of countries that, taken together, pay 

2 approximately 1 percent of the total United Nations 

3 regular budget. 

4 (4) The disconnect between contribution levels 

5 and management control creates significant perverse 

6 incentives in terms of United Nations spending, 

7 transparency, and accountability. 

8 (5) The United Nations system suffers from 

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

10 which seriously impair its ability to fulfill the lofty 

11 ideals of its founding. 

12 (6) Amidst the continuing financial, corruption, 

13 and sexual abuse scandals of the past several years, 

14 American public disapproval of United Nations has 

15 reached all-time highs. A 2015 Gallup poll revealed 

16 that 57 percent of Americans believe that the United 

17 Nations is doing a poor job. 

18 (7) Significant improvements in United Nations 

19 transparency and accountability are necessary for 

20 improving public perceptions of American support 

21 for United Nations operations. 

22 (8) Because of their need to justify future con23 tributions from donors, voluntarily funded organiza24 tions have more incentive to be responsive and effi25 cient in their operations than organizations funded 


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1 by compulsory contributions that are not tied to per2 formance. 

3 (9) Catherine Bertini, the former United Na4 tions Under-Secretary General for Management and 

5 director of the World Food Program (WFP), has 

6 stated that ‘‘Voluntary funding creates an entirely 

7 different atmosphere at WFP than at the UN. At 

8 WFP, every staff member knows that we have to be 

9 as efficient, accountable, transparent, and results10 oriented as possible. If we are not, donor govern11 ments can take their funding elsewhere in a very 

12 competitive world among UN agencies, NGOs, and 

13 bilateral governments.’’. 

14 (10) Article XVII of the Charter of the United 

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

16 Organization shall be borne by the Members as ap17 portioned by the General Assembly’’, leaves to the 

18 discretion of the General Assembly the basis of ap19 portionment, which could be done on the basis of 

20 voluntary pledges by Member States. 

21 (11) Unlike United States assessed contribu22 tions to the United Nations regular budget, which 

23 are statutorily capped at 22 percent of the total, 

24 there is no cap on voluntary contributions. 


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1 (12) The United States, which contributes gen2 erously to international organizations whose activi3 ties it recognizes as credible, worthwhile, and effi4 cient, contributes more than 22 percent of the budg5 et of certain voluntarily funded United Nations Spe6 cialized Agencies. 

7 (13) John Bolton, former United States Perma8 nent Representative to the United Nations, has stat9 ed that ‘‘Moving to voluntary funding would end the 

10 UN practice of charging member states for the ex11 penses of the UN and its activities. Member states 

12 would instead determine for themselves how much to 

13 provide to the UN and, importantly, the specific 

14 tasks and activities that those contributions would 

15 support. The shift toward a voluntary payment sys16 tem would impose a stronger market incentive for 

17 UN programs and activities to meet their goals and 

18 justify continued funding.’’. 

19 SEC. 102. APPORTIONMENT OF THE UNITED NATIONS REG20 ULAR BUDGET ON A VOLUNTARY BASIS. 

21 (a) UNITED STATES POLICY.— 

22 (1) IN GENERAL.—It is the policy of the United 

23 States to seek to shift the funding mechanism for 

24 the regular budget of the United Nations from an 

25 assessed to a voluntary basis. 


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1 (2) ACTION AT UNITED NATIONS.—The Presi2 dent shall direct the United States Permanent Rep3 resentative to the United Nations to use the voice, 

4 vote, and influence of the United States at the 

5 United Nations to shift the funding mechanism for 

6 the regular budget of the United Nations to a vol7 untary basis, and to make it a priority to build sup8 port for such a transformational change among 

9 Member States, particularly key United Nations do10 nors. 

11 (b) CERTIFICATION OF PREDOMINANTLY VOL12 UNTARY UN REGULAR BUDGET FINDING.—A certifi13 cation described in this section is a certification by the 

14 Secretary of State to the Appropriate Congressional Com15 mittees that at least 80 percent of the total regular budget 

16 (not including extra-budgetary contributions) of the 

17 United Nations is apportioned on a voluntary basis. Each 

18 such certification shall be effective for a period of not more 

19 than 1 year, and shall be promptly revoked by the Sec20 retary, with notice to the appropriate congressional com21 mittees, if the underlying circumstances change so as not 

22 to warrant such certification. 

23 (c) WITHHOLDING OF NONVOLUNTARY CONTRIBU24 TIONS.— 


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1 (1) IN GENERAL.—Beginning 2 years after the 

2 effective date of this Act and notwithstanding any 

3 other provision of law, no funds may be obligated or 

4 expended for a United States assessed contribution 

5 to the regular budget of the United Nations in an 

6 amount greater than 50 percent of the United 

7 States share of assessed contributions for the reg8 ular budget of the United Nations unless there is in 

9 effect a certification by the Secretary, as described 

10 in subsection (b). 

11 (2) ALLOWANCE.—For a period of 1 year after 

12 appropriation, funds appropriated for use as a 

13 United States contribution to the regular budget of 

14 the United Nations but withheld from obligation and 

15 expenditure pursuant to paragraph (1) may be obli16 gated and expended for that purpose upon the cer17 tification described in subsection (b). After 1 year, 

18 in the absence of such certification, those funds shall 

19 revert to the United States Treasury. 

20 SEC. 103. BUDGET JUSTIFICATION FOR UNITED STATES 

21 CONTRIBUTIONS TO THE REGULAR BUDGET 

22 OF THE UNITED NATIONS. 

23 (a) DETAILED ITEMIZATION.—The annual congres24 sional budget justification shall include a detailed itemized 


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1 request in support of the contribution of the United States 

2 to the regular budget of the United Nations. 

3 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

4 detailed itemization required under subsection (a) shall— 

5 (1) contain information relating to the amounts 

6 requested in support of each of the various sections 

7 and titles of the regular budget of the United Na8 tions; and 

9 (2) compare the amounts requested for the cur10 rent year with the actual or estimated amounts con11 tributed by the United States in previous fiscal years 

12 for the same sections and titles. 

13 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

14 United Nations proposes an adjustment to its regular as15 sessed budget, the Secretary of State shall, at the time 

16 such adjustment is presented to the Advisory Committee 

17 on Administrative and Budgetary Questions (ACABQ), 

18 notify and consult with the appropriate congressional com19 mittees. 

20 SEC. 104. REPORT ON UNITED NATIONS REFORM. 

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

22 date of the enactment of this Act and annually thereafter, 

23 the Secretary shall submit to the appropriate congres24 sional committees a report on United Nations reform. 


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1 (b) CONTENTS.—The report required under sub2 section (a) shall describe the following: 

3 (1) Progress toward the goal of shifting the 

4 funding for the United Nations Regular Budget to 

5 a voluntary basis as identified in section 102, and a 

6 detailed description of efforts and activities by 

7 United States diplomats and officials toward that 

8 end. 

9 (2) Progress toward each of the policy goals 

10 identified in the prior sections of this title, and a de11 tailed, goal-specific description of efforts and activi12 ties by United States diplomats and officials toward 

13 those ends. 

14 (3) The status of the implementation of man15 agement reforms within the United Nations and its 

16 specialized agencies. 

17 (4) The number of outputs, reports, or other 

18 mandates generated by General Assembly resolutions 

19 that have been eliminated. 

20 (5) The progress of the General Assembly to 

21 modernize and streamline the committee structure 

22 and its specific recommendations on oversight and 

23 committee outputs, consistent with the landmark 

24 March 2005 report of the Secretary General entitled 


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1 ‘‘In larger freedom: towards development, security 

2 and human rights for all’’. 

3 (6) The status of the review by the General As4 sembly of all mandates older than 5 years and how 

5 resources have been redirected to new challenges, 

6 consistent with such March 2005 report of the Sec7 retary General and other relevant reports. 

8 (7) The continued utility and relevance of the 

9 Economic and Financial Committee and the Social, 

10 Humanitarian, and Cultural Committee, in light of 

11 the duplicative agendas of those committees and the 

12 Economic and Social Council. 

13 (8) Whether the United Nations or any of its 

14 specialized agencies has contracted with any party 

15 included on the Lists of Parties Excluded from Fed16 eral Procurement and Nonprocurement Programs. 

17 TITLE II—TRANSPARENCY AND 

18 ACCOUNTABILITY FOR 

19 UNITED STATES CONTRIBU20 TIONS TO THE UNITED NA21 TIONS 

22 SEC. 201. FINDINGS. 

23 Congress makes the following findings: 

24 (1) As underscored by continuing revelations of 

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1 ability mechanisms within the United Nations sys2 tem remain significantly deficient, despite decades of 

3 reform attempts, including those initiated by Secre4 taries General of the United Nations. 

5 (2) Notwithstanding the personal intentions of 

6 any Secretary General of the United Nations to pro7 mote institutional transparency and accountability 

8 within the United Nations System, the Secretary 

9 General lacks the power to impose far reaching man10 agement reforms without the concurrence of the 

11 General Assembly. 

12 (3) Groupings of Member States whose voting 

13 power in the General Assembly significantly out14 paces their proportional contributions to the United 

15 Nations system have repeatedly and successfully de16 feated, delayed, and diluted various reform proposals 

17 that would have enabled more detailed oversight and 

18 scrutiny of United Nations system operations and 

19 expenditures. 

20 (4) To an unacceptable degree, major donor 

21 states, including the United States, lack access to 

22 reasonably detailed, reliable information that would 

23 allow them to determine how their contributions 

24 have been spent by various United Nations system 


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1 entities, further contributing to the lack of account2 ability within the United Nations system. 

3 (5) In September 2015, the State Department 

4 announced the United States would withhold 15 per5 cent of United States contributions to the World In6 tellectual Property Organization (WIPO) because 

7 the Secretary of State could not certify that WIPO 

8 is meeting best practices for the protection of whis9 tleblowers from retaliation in accordance with the 

10 Consolidated Appropriations Act of 2014 (Public 

11 Law 113–76). 

12 SEC. 202. DEFINITIONS. 

13 In this title: 

14 (1) ACCOUNTABILITY CERTIFICATION.—The 

15 term ‘‘Accountability Certification’’ means an an16 nual, written affirmation by the head or authorized 

17 designee of a United Nations Entity provided to the 

18 Secretary of State that the Entity— 

19 (A) provides the public with full, complete, 

20 and unfettered access to all relevant docu21 mentation relating to operations and activities, 

22 including budget and procurement activities; 

23 (B) implements best practices for the pro24 tection of whistleblowers from retaliation, in25 cluding best practices for— 


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1 (i) protection against retaliation for 

2 internal and lawful public disclosures; 

3 (ii) legal burdens of proof; 

4 (iii) statutes of limitation for report5 ing retaliation; 

6 (iv) access to independent adjudicative 

7 bodies, including external arbitration; and 

8 (v) results that eliminate the effects of 

9 proven retaliation; 

10 (C) implements and upholds policies and 

11 procedures to require the filing of individual an12 nual financial disclosure forms by each of its 

13 employees at the P–5 level and above and to re14 quire that such forms be made available to the 

15 Office of Internal Oversight Services, to Mem16 ber States, and to the public; 

17 (D) has established an effective ethics of18 fice; 

19 (E) has established a fully independent, 

20 autonomous, and effective internal oversight 

21 body; 

22 (F) has adopted and implemented, and is 

23 in full compliance with, International Public 

24 Sector Accounting Standards; 


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1 (G) has established a cap on its adminis2 trative overhead costs; 

3 (H) is not subject to sanctions by the Se4 curity Council; and 

5 (I) is not subject to sanctions by the 

6 United States. 

7 (2) OVERSIGHT INFORMATION.—The term 

8 ‘‘Oversight Information’’ includes— 

9 (A) internally and externally commissioned 

10 audits, investigatory reports, program reviews, 

11 performance reports, and evaluations; 

12 (B) financial statements, records, and bill13 ing systems; 

14 (C) program budgets and program budget 

15 implications, including revised estimates and re16 ports produced by or provided to the Secretary 

17 General and the Secretary General’s agents on 

18 budget related matters; 

19 (D) operational plans, budgets, and budg20 etary analyses for peacekeeping operations; 

21 (E) analyses and reports regarding the 

22 scale of assessments; 

23 (F) databases and other data systems con24 taining financial or programmatic information; 


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1 (G) documents or other records alleging or 

2 involving improper use of resources, mis3 conduct, mismanagement, or other violations of 

4 rules and regulations applicable to the United 

5 Nations Entity; and 

6 (H) other documentation relevant to the 

7 oversight work of Congress with respect to 

8 United States contributions to the United Na9 tions system. 

10 (3) TRANSPARENCY CERTIFICATION.—The term 

11 ‘‘Transparency Certification’’ means an annual, 

12 written affirmation by the head or authorized des13 ignee of a United Nations Entity, provided to the 

14 Department of State, that the Entity will cooperate 

15 with the Department of State and Congress, includ16 ing by providing the Department of State and Con17 gress with full, complete, and unfettered access to 

18 Oversight Information as defined in this title. 

19 SEC. 203. OVERSIGHT OF UNITED STATES CONTRIBUTIONS 

20 TO THE UNITED NATIONS SYSTEM. 

21 (a) PURPOSE.—The purpose of this section is to en22 hance oversight of United States contributions to the 

23 United Nations System and the use of those contributions 

24 by United Nations Entities, in an effort to eliminate and 

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1 tions, and thereby to contribute to the development of 

2 greater transparency, accountability, and internal controls 

3 throughout the United Nations System. 

4 (b) IMPLEMENTATION.— 

5 (1) IN GENERAL.—The Department of State 

6 shall collect and maintain current records regarding 

7 Transparency Certifications and Accountability Cer8 tifications by all United Nations Entities that re9 ceive United States contributions and submit that 

10 information for inclusion in the report required 

11 under section 207. 

12 (2) NOTIFICATION.—The Department of State 

13 shall keep the appropriate congressional committees 

14 fully informed of how United Nations Entities are 

15 spending United States contributions prior to the 

16 President’s budget request, and periodically through17 out the remainder of the year thereafter. 

18 (3) REFERRALS.— 

19 (A) IN GENERAL.—The Secretary of State 

20 shall promptly report to the Attorney General 

21 and to the appropriate congressional commit22 tees when the Secretary of State has reasonable 

23 grounds to believe a Federal criminal law has 

24 been violated by a United Nations Entity or one 

25 of its employees, contractors, or representatives. 


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1 (B) NOTIFICATION.—The Secretary of 

2 State shall promptly report, when appropriate, 

3 to the appropriate congressional committees, 

4 and to the Secretary General or to the head of 

5 the appropriate United Nations Entity, cases in 

6 which the Secretary of State reasonably believes 

7 that mismanagement, misfeasance, or malfea8 sance is likely to have taken place within a 

9 United Nations Entity and disciplinary pro10 ceedings are likely justified, and shall keep the 

11 appropriate congressional committees informed 

12 of any relevant actions undertaken by the Sec13 retary General or relevant United Nations Enti14 ty. 

15 (4) CONFIRMATION OF TRANSPARENCY BY

16 UNITED NATIONS ENTITIES.— 

17 (A) PROMPT NOTICE BY DEPARTMENT OF

18 STATE.—Whenever information or assistance 

19 requested from a United Nations Entity by the 

20 Department of State pursuant to a Trans21 parency Certification is, in the opinion of the 

22 Secretary of State, unreasonably refused or not 

23 provided in a timely manner, the Secretary of 

24 State shall notify the appropriate congressional 

25 committees, the head of that particular United 


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1 Nations Entity, and the Secretary General of 

2 the circumstances in writing, without delay. 

3 (B) NOTICE OF COMPLIANCE.—If and 

4 when the information or assistance being 

5 sought by the Department of State in connec6 tion with a notification pursuant to subpara7 graph (A) is provided to the satisfaction of the 

8 Secretary of State, the Secretary of State shall 

9 so notify in writing to the appropriate congres10 sional committees and the head of that par11 ticular United Nations Entity. 

12 (C) NONCOMPLIANCE.—If the information 

13 or assistance being sought by the Department 

14 of State in connection with a notification pursu15 ant to subparagraph (A) is not provided within 

16 90 days of that notification, then the United 

17 Nations Entity that is the subject of the notifi18 cation is deemed to be noncompliant with its 

19 Transparency Certification. 

20 (D) RESTORATION OF COMPLIANCE.— 

21 After the situation has been resolved to the sat22 isfaction of the Secretary of State, the Sec23 retary of State shall promptly provide prompt, 

24 written notification of that fact and of the res25 toration of compliance, along with a description 


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1 of the basis for the Secretary of State’s deci2 sion, to the appropriate congressional commit3 tees, the head of that United Nations Entity, 

4 the Secretary General, and any office or agency 

5 of the Federal Government that has provided 

6 that United Nations Entity with any United 

7 States contribution during the prior 2 years. 

8 (5) CONFIRMATION OF ACCOUNTABILITY BY

9 UNITED NATIONS ENTITIES.— 

10 (A) PROMPT NOTICE BY SECRETARY OF

11 STATE.—Whenever a United Nations Entity 

12 that has provided an Accountability Certifi13 cation is, in the opinion of the Secretary of 

14 State, not in full compliance with any or all of 

15 the provisions of that certification, the Sec16 retary of State shall notify the appropriate con17 gressional committees, the head of that par18 ticular United Nations Entity, and the Sec19 retary General of the circumstances in writing, 

20 without delay. 

21 (B) NOTICE OF COMPLIANCE.—If and 

22 when the United Nations Entity resumes full 

23 compliance with its Accountability Certification 

24 following the provision of the notification pursu25 ant to subparagraph (A), the Secretary of State 


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1 shall so notify in writing the appropriate con2 gressional committees and the head of that 

3 United Nations Entity. 

4 (C) NONCOMPLIANCE.—If the United Na5 tions Entity named in the notification in sub6 paragraph (A) does not resume full compliance 

7 with its Accountability Certification to the sat8 isfaction of the Secretary of State within 90 

9 days of that notification, then the United Na10 tions Entity that is the subject of the notifica11 tion is deemed to be noncompliant with its Ac12 countability Certification, and the Secretary of 

13 State shall provide prompt, written notification 

14 of that fact to the appropriate congressional 

15 committees, the head of that United Nations 

16 Entity, the Secretary General, and any office or 

17 agency of the Federal Government that has 

18 provided that United Nations Entity with any 

19 United States Contribution during the prior 2 

20 years. 

21 (D) RESTORATION OF COMPLIANCE.— 

22 After the situation has been resolved to the sat23 isfaction of the Secretary of State, the Sec24 retary of State shall promptly provide prompt, 

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1 toration of compliance, along with a description 

2 of the basis for the Secretary of State’s deci3 sion, to the appropriate congressional commit4 tees, the head of that United Nations Entity, 

5 the Secretary General, and any office or agency 

6 of the Federal Government that has provided 

7 that United Nations Entity with any United 

8 States contribution during the prior 2 years. 

9 (6) REPORTING.— 

10 (A) REPORTING.—In the report submitted 

11 by the Director of the Office of Management 

12 and Budget to Congress pursuant to section 

13 207, the Secretary of State shall submit for in14 clusion a section that, among other things, in15 cludes a list and detailed description of the cir16 cumstances surrounding any notification of 

17 compliance issued pursuant to paragraph (4)(C) 

18 or (5)(C) during the covered timeframe, and 

19 whether and when the Secretary has reversed 

20 such finding of noncompliance. 

21 (B) PROHIBITED DISCLOSURES.—Nothing 

22 in this subsection shall be construed to author23 ize the public disclosure of information that 

24 is— 


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1 (i) specifically prohibited from disclo2 sure by any other provision of law; 

3 (ii) specifically required by Executive 

4 order to be protected from disclosure in 

5 the interest of national defense or national 

6 security or in the conduct of foreign af7 fairs; or 

8 (iii) a part of an ongoing criminal in9 vestigation. 

10 (C) PRIVACY PROTECTIONS.—The Sec11 retary of State shall exempt from public disclo12 sure information received from a United Na13 tions Entity that the Secretary of State be14 lieves— 

15 (i) constitutes a trade secret or privi16 leged and confidential personal financial 

17 information; 

18 (ii) constitutes confidential personal 

19 medical information; 

20 (iii) accuses a particular person of a 

21 crime; 

22 (iv) would, if publicly disclosed, con23 stitute a clearly unwarranted invasion of 

24 personal privacy; and 


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1 (v) would compromise an ongoing law 

2 enforcement investigation or judicial trial 

3 in the United States. 

4 SEC. 204. TRANSPARENCY FOR UNITED STATES CONTRIBU5 TIONS. 

6 (a) FUNDING PREREQUISITES.—Notwithstanding 

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

8 use as a United States Contribution to any United Na9 tions Entity may be obligated or expended if— 

10 (1) the intended United Nations Entity recipi11 ent has not provided to the Secretary of State within 

12 the preceding year a Transparency Certification as 

13 defined in section 202(1); 

14 (2) the intended United Nations Entity recipi15 ent is noncompliant with its Transparency Certifi16 cation as described in section 203(b)(4)(C); 

17 (3) the intended United Nations Entity recipi18 ent has not provided to the Secretary of State within 

19 the preceding year an Accountability Certification as 

20 defined in section 202(3); or 

21 (4) the intended United Nations Entity is non22 compliant with its Accountability Certification as de23 scribed in section 203(b)(5)(C). 

24 (b) TREATMENT OF FUNDS WITHHELD FOR NON25 COMPLIANCE.—At the conclusion of each fiscal year, any 


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1 funds that had been appropriated for use as a United 

2 States Contribution to a United Nations Entity during 

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

4 because of the restrictions of subsection (a), shall be re5 turned to the United States Treasury, and are not subject 

6 to reprogramming for any other use. Any such funds re7 turned to the Treasury shall not be considered arrears to 

8 be repaid to any United Nations Entity. 

9 SEC. 205. INTEGRITY FOR UNITED STATES CONTRIBU10 TIONS. 

11 (a) LIMITATIONS.—(1) No funds made available for 

12 use under the heading ‘‘Contributions to International Or13 ganizations’’ may be used for any purpose other than an 

14 assessed United States contribution to a United Nations 

15 Entity or other international organization. 

16 (2) No funds made available for use under the head17 ing ‘‘International Organizations and Programs’’ may be 

18 used for any purpose other than a voluntary United States 

19 contribution to a United Nations Entity or other inter20 national organization. 

21 (3) No funds made available for use under the head22 ing ‘‘Contributions to International Peacekeeping Activi23 ties’’ may be used for any purpose other than a United 

24 States contribution to United Nations peacekeeping activi25 ties, to the International Criminal Tribunal for the former 


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1 Yugoslavia, or to the International Criminal Tribunal for 

2 Rwanda. 

3 (b) TREATMENT OF FUNDS WITHHELD FOR NON4 COMPLIANCE.—At the conclusion of each fiscal year, any 

5 funds that had been appropriated for use as a United 

6 States contribution to a United Nations Entity during 

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

8 because of the restrictions of subsection (a), shall be re9 turned to the United States Treasury, and are not subject 

10 to reprogramming for any other use. Any such funds re11 turned to the Treasury shall not be considered arrears to 

12 be repaid to any United Nations Entity. 

13 SEC. 206. REFUND OF MONIES OWED BY THE UNITED NA14 TIONS TO THE UNITED STATES. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) United States taxpayer funds overpaid to 

18 United Nations Entities and payable back to the 

19 United States sometimes remain in the hands of the 

20 United Nations because the United States has not 

21 requested the return of those funds. 

22 (2) Such funds have been paid into, among 

23 other United Nations Entities, the United Nations 

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1 eral Assembly Resolution 973 (1955), and which is 

2 used to reimburse United Nations staff members 

3 subject to United States income taxes for the cost 

4 of those taxes. 

5 (3) In recent years, the TEF has taken in con6 siderably more money than it has paid out, with the 

7 United States apparently overpaying into the TEF 

8 by $24,363,000 in 2014 alone. 

9 (4) According to the United Nations Financial 

10 Report and Audited Financial Statements released 

11 on July 23, 2015, ‘‘The cumulative surplus payable 

12 to the United States of America at year-end was 

13 $27,600,000’’. 

14 (5) That balance was allowed to accrue notwith15 standing United Nations Financial Regulation 4.12, 

16 which states that any such surpluses ‘‘shall be cred17 ited against the assessed contributions due from that 

18 Member State the following year.’’. 

19 (6) Allowing the United Nations to regularly 

20 overcharge the United States and to retain those 

21 overpayments, or to spend them on wholly unrelated 

22 activities, is a disservice to American taxpayers and 

23 a subversion of the Congressional budget process. 

24 (b) STATEMENT OF POLICY.—It is the policy of the 

25 United States— 


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1 (1) to annually instruct the United Nations to 

2 return to the United States any surplus assessed 

3 contributions or other overpayments by the United 

4 States to any United Nations Entity; and 

5 (2) to use the voice and vote of the United 

6 States to press the United Nations to reform its 

7 TEF assessment procedures to reduce the repeated 

8 discrepancies between TEF income and expendi9 tures. 

10 (c) CERTIFICATION AND WITHHOLDING.—For each 

11 and every fiscal year subsequent to the effective date of 

12 this Act, until the Secretary of State submits to the appro13 priate congressional committees a certification that the 

14 United Nations has returned to the United States any sur15 plus assessed contributions or other overpayments by the 

16 United States to any United Nations Entity, the Secretary 

17 of State shall withhold from the regular budget of the 

18 United Nations an amount equal to the amount of the 

19 funds that the United Nations has yet to return to the 

20 United States. 

21 SEC. 207. ANNUAL REPORTS ON UNITED STATES CON22 TRIBUTIONS TO THE UNITED NATIONS. 

23 (a) ANNUAL REPORT.—Not later than 90 days after 

24 the date of the enactment of this Act and annually there25 after, the Director of the Office of Management and BudgVerDate Sep 11 2014 23:56 Oct 05, 2015 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3667.IH H3667

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1 et shall submit to Congress a report listing all assessed 

2 and voluntary contributions of the United States Govern3 ment for the preceding fiscal year to the United Nations 

4 and United Nations affiliated agencies and related bodies. 

5 (b) CONTENTS.—Each report required under sub6 section (a) shall set forth, for the fiscal year covered by 

7 such report, the following: 

8 (1) The total amount of all assessed and vol9 untary contributions of the United States Govern10 ment to the United Nations and United Nations af11 filiated agencies and related bodies. 

12 (2) The approximate percentage of United 

13 States Government contributions to each United Na14 tions affiliated agency or body in such fiscal year 

15 when compared with all contributions to such agency 

16 or body from any source in such fiscal year. 

17 (3) For each such contribution— 

18 (A) the amount of such contribution; 

19 (B) a description of such contribution (in20 cluding whether assessed or voluntary); 

21 (C) the department or agency of the 

22 United States Government responsible for such 

23 contribution; 

24 (D) the purpose of such contribution; and 


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1 (E) the United Nations or United Nations 

2 affiliated agency or related body receiving such 

3 contribution. 

4 (c) SCOPE OF INITIAL REPORT.—The first report re5 quired under subsection (a) shall include the information 

6 required under this section for the previous three fiscal 

7 years. 

8 (d) PUBLIC AVAILABILITY OF INFORMATION.—Not 

9 later than 14 days after submitting a report required 

10 under subsection (a), the Director of the Office of Man11 agement and Budget shall post a public version of the re12 port on a text-based, searchable, and publicly available 

13 Internet Web site. 

14 SEC. 208. REPORT ON UNITED NATIONS PROCUREMENT 

15 PRACTICES. 

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

17 date of the enactment of this Act and annually thereafter, 

18 the Secretary shall submit to the appropriate congres19 sional committees a report on United Nations procure20 ment reform. 

21 (b) CONTENTS.—The reports required under sub22 section (a) shall describe— 

23 (1) progress toward the goal of donor countries 

24 establishing a threshold number for procurement 

25 purposes, of which 50 percent of the procurement 


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1 for donor programs over $1,000,000,000 shall utilize 

2 donor vendors; 

3 (2) the status of the amount and percentage of 

4 procurement at the United Nations through United 

5 States vendors; and 

6 (3) the status of examinations and investiga7 tions if companies on the Excluded Parties List Sys8 tem are receiving contracts through the United Na9 tions, and the values of such contracts. 

10 TITLE III—UNITED STATES POL11 ICY AT THE UNITED NATIONS 

12 SEC. 301. ANNUAL PUBLICATION. 

13 The President shall direct the United States Perma14 nent Representative to the United Nations to use the 

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

16 United Nations to ensure the United Nations publishes 

17 annually, including on a publicly searchable Internet Web 

18 site, a list of all United Nations subsidiary bodies and 

19 their functions, budgets, staff, and contributions, both vol20 untary and assessed, sorted by donor. 

21 SEC. 302. ANNUAL FINANCIAL DISCLOSURE. 

22 The President shall direct the United States Perma23 nent Representative to the United Nations to use the 

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

25 United Nations to implement a system for the required 


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1 filing of individual annual financial disclosure forms by 

2 each employee of the United Nations and its specialized 

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

4 which shall be made available to the Office of Internal 

5 Oversight Services, to Member States, and to the public. 

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

7 SECURITY COUNCIL. 

8 It is the policy of the United States to use the voice, 

9 vote, and influence of the United States at the United Na10 tions to oppose any proposals on expansion of the Security 

11 Council if such expansion would— 

12 (1) diminish the influence of the United States 

13 on the Security Council; or 

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

15 the Security Council. 

16 SEC. 304. ACCESS TO REPORTS AND AUDITS. 

17 The President shall direct the United States Perma18 nent Representative to the United Nations to use the 

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

20 United Nations to ensure that Member States may, upon 

21 request, have access to all reports and audits completed 

22 by the Board of External Auditors. 

23 SEC. 305. WAIVER OF IMMUNITY. 

24 The President shall direct the United States Perma25 nent Representative to the United Nations to use the 


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

2 United Nations to ensure that the Secretary General exer3 cises the right and duty of the Secretary General under 

4 section 20 of the Convention on the Privileges and Immu5 nities of the United Nations to waive the immunity of any 

6 United Nations official in any case in which such immu7 nity would impede the course of justice. In exercising such 

8 waiver, the Secretary General is urged to interpret the in9 terests of the United Nations as favoring the investigation 

10 or prosecution of a United Nations official who is credibly 

11 under investigation for having committed a serious crimi12 nal offense or who is credibly charged with a serious crimi13 nal offense. 

14 SEC. 306. REVIEW OF UNITED NATIONS CONVENTIONS ON 

15 TERRORISM. 

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

17 United States Permanent Representative to the United 

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

19 States at the United Nations to initiate a comprehensive 

20 review of United Nations Conventions on Terrorism that 

21 builds upon the recommendations of the December 2004 

22 report of the High-Level Panel on Threats, Challenges, 

23 and Change with the goal of providing recommendations 

24 to the Security Council. 


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1 (b) REPORT.—A year from the date of enactment, the 

2 Secretary of State, in coordination with the United States 

3 Permanent Representative to the United Nations, shall re4 port to the appropriate congressional committees on the 

5 status of the review under subsection (a). 

6 SEC. 307. REPORT ON UNITED NATIONS PERSONNEL. 

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

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

9 shall submit to the appropriate congressional committees 

10 a report— 

11 (1) concerning the progress of the General As12 sembly to modernize human resource practices, con13 sistent with the March 2005 report of the Secretary 

14 General entitled ‘‘In larger freedom: towards devel15 opment, security and human rights for all’’; and 

16 (2) containing the information described in sub17 section (b). 

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

19 (1) a comprehensive evaluation of human re20 sources reforms at the United Nations, including an 

21 evaluation of— 

22 (A) tenure; 

23 (B) performance reviews; 

24 (C) the promotion system; 


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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 


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

3 SEC. 308. UNITED NATIONS TREATY BODIES. 

4 The United States shall withhold from United States 

5 contributions to the regular assessed budget of the United 

6 Nations for a biennial period amounts that are propor7 tional to the percentage of such budget that are expended 

8 with respect to a United Nations human rights treaty 

9 monitoring body or committee that was established by— 

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

11 international covenant (without any protocols) to 

12 which the United States is not party; or 

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

14 the United States is a party to neither. 

15 SEC. 309. EQUALITY AT THE UNITED NATIONS. 

16 (a) DEPARTMENT OF STATE REVIEW AND RE17 PORT.— 

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

19 and funding with respect to Palestinian interests 

20 and to ensure balance in the approach to Israeli-Pal21 estinian issues, the Secretary shall, not later than 

22 180 days after the date of the enactment of this 

23 Act— 

24 (A) complete an audit of the functions of 

25 the entities listed in paragraph (2); and 


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1 (B) submit to the appropriate congres2 sional committees a report containing audit 

3 findings and conclusions, and recommendations 

4 for the elimination of such duplicative entities 

5 and efforts. 

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

7 paragraph (1)(A) are the following: 

8 (A) The United Nations Division for Pales9 tinian Rights. 

10 (B) The Committee on the Exercise of the 

11 Inalienable Rights of the Palestinian People. 

12 (C) The United Nations Special Coordi13 nator for the Middle East Peace Process and 

14 Personal Representative to the Palestine Lib15 eration Organization and the Palestinian Au16 thority. 

17 (D) The NGO Network on the Question of 

18 Palestine. 

19 (E) The Special Committee to Investigate 

20 Israeli Practices Affecting the Human Rights of 

21 the Palestinian People and Other Arabs of the 

22 Occupied Territories. 

23 (F) Any other entity the Secretary deter24 mines results in duplicative efforts or funding 


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1 or fails to ensure balance in the approach to 

2 Israeli-Palestinian issues. 

3 (b) IMPLEMENTATION BY PERMANENT REPRESENTA4 TIVE.— 

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

6 the United States Permanent Representative to the 

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

8 of the United States at the United Nations to seek 

9 the implementation of the recommendations con10 tained in the report required under subsection 

11 (a)(1)(B). 

12 (2) WITHHOLDING OF FUNDS.—Until such rec13 ommendations have been implemented, the United 

14 States shall withhold from United States contribu15 tions to the regular assessed budget of the United 

16 Nations for a biennial period amounts that are pro17 portional to the percentage of such budget that are 

18 expended for such entities. 

19 SEC. 310. ANTI-SEMITISM AND THE UNITED NATIONS. 

20 The President shall direct the United States perma21 nent representative to the United Nations to use the voice, 

22 vote, and influence of the United States at the United Na23 tions to make every effort to— 


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1 (1) ensure the issuance and implementation of 

2 a directive by the Secretary General or the Secre3 tariat, as appropriate, that— 

4 (A) requires the United Nations and its 

5 specialized agencies to officially and publicly 

6 condemn anti-Semitic statements made at any 

7 session of the United Nations or its specialized 

8 agencies, or at any other session sponsored by 

9 the United Nations; 

10 (B) requires employees of the United Na11 tions and its specialized agencies, programs, 

12 and funds to be subject to punitive action, in13 cluding immediate dismissal, for making anti14 Semitic statements or references; 

15 (C) proposes specific recommendations to 

16 the General Assembly for the establishment of 

17 mechanisms to hold accountable employees and 

18 officials of the United Nations and its special19 ized agencies, programs, and funds, or Member 

20 States, that make such anti-Semitic statements 

21 or references in any forum of the United Na22 tions or of its specialized agencies; 

23 (D) continues to develop and implements 

24 education awareness programs about the Holo25 caust and anti-Semitism throughout the world, 


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1 as part of an effort to combat intolerance and 

2 hatred; and 

3 (E) requires the Office of the United Na4 tions High Commissioner for Human Rights 

5 (OHCHR) to develop programming and other 

6 measures that address anti-Semitism; 

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

8 General Assembly that establishes the mechanisms 

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

10 (3) continue working toward further reduction 

11 of anti-Semitic language and anti-Israel resolutions 

12 in the United Nations and its specialized agencies, 

13 programs, and funds. 

14 SEC. 311. UNITED STATES POLICY ON TAIWAN’S PARTICIPA15 TION IN UNITED NATIONS ENTITIES. 

16 The Secretary of State shall direct the United States 

17 Permanent Representative to the United Nations to use 

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

19 United Nations to ensure meaningful participation for 

20 Taiwan in relevant United Nations Entities in which Tai21 wan has expressed an interest in participating. 

22 SEC. 312. UNITED STATES POLICY ON TIER 3 HUMAN 

23 RIGHTS VIOLATORS. 

24 The Secretary of State shall direct the United States 

25 Permanent Representative to the United Nations to use 


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

2 United Nations to ensure that no representative of a coun3 try designated pursuant to section 110 of the Trafficking 

4 Victims Protection Act of 2000 (22 U.S.C. 7107) by the 

5 Department of State as a Tier 3 country shall preside as 

6 Chair or President of any United Nations Entity. 

7 TITLE IV—STATUS OF PALES8 TINIAN ENTITIES AT THE 

9 UNITED NATIONS 

10 SEC. 401. FINDINGS. 

11 Congress makes the following findings: 

12 (1) In 1989, the Palestine Liberation Organiza13 tion (PLO) launched an effort to evade direct nego14 tiations for peace with the State of Israel by instead 

15 pursuing Palestinian membership in international 

16 organizations, which could imply de facto recognition 

17 of a Palestinian state by the United Nations. 

18 (2) The executive branch, with significant sup19 port from Members of Congress, successfully 

20 stopped the PLO’s effort by credibly threatening, as 

21 noted in a May 1, 1989, statement by then-Sec22 retary of State James A. Baker, ‘‘that the United 

23 States [would] make no further contributions, vol24 untary or assessed, to any international organization 


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1 which makes any change in the P.L.O.’s present sta2 tus as an observer organization.’’. 

3 (3) The United States success in this case dem4 onstrates that withholding contributions and placing 

5 conditions on their payment can result in real re6 forms, stop counterproductive developments, and ad7 vance United States interests at the United Nations. 

8 (4) The Palestinian leadership has continued its 

9 effort to evade direct negotiations for peace with the 

10 State of Israel by seeking recognition of a Pales11 tinian state from foreign governments and in inter12 national forums. 

13 (5) On September 30, 2015, Abu Mazen de14 clared that Palestinian leadership would no longer be 

15 bound by its signed agreements with Israel. 

16 (6) Further efforts to bypass negotiations and 

17 to unilaterally declare a Palestinian state, or to ap18 peal to the United Nations or other international fo19 rums or to foreign governments for recognition of a 

20 Palestinian state or membership or other upgraded 

21 status for the Palestinian observer mission at those 

22 forums, would violate the underlying principles of 

23 the Oslo Accords, the Road Map, and other relevant 

24 Middle East peace process efforts. 


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1 (7) In 2011, the United Nations Educational, 

2 Scientific, and Cultural Organization (UNESCO) 

3 granted full membership to the Palestinians, trig4 gering United States law that prohibits United 

5 States funding for any United Nations organization 

6 that grants membership to the PLO. 

7 (8) On December 15, 2010, the House of Rep8 resentatives passed House Resolution 1765, in 

9 which, inter alia, the House of Representatives: 

10 (A) ‘‘reaffirms its strong opposition to any 

11 attempt to establish or seek recognition of a 

12 Palestinian state outside of an agreement nego13 tiated between Israel and the Palestinians’’; 

14 (B) ‘‘supports the Administration’s opposi15 tion to a unilateral declaration of a Palestinian 

16 state’’; and 

17 (C) ‘‘calls upon the Administration to . . . 

18 lead a diplomatic effort to persuade other na19 tions to oppose a unilateral declaration of a 

20 Palestinian state and to oppose recognition of a 

21 Palestinian state by other nations, within the 

22 United Nations, and in other international fo23 rums prior to achievement of a final agreement 

24 between Israel and the Palestinians.’’. 


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1 (9) Ambassador Rosemary DiCarlo, former 

2 United States Deputy Permanent Representative to 

3 the United Nations, stated on July 26, 2011, ‘‘Let 

4 there be no doubt: symbolic actions to isolate Israel 

5 at the United Nations in September will not create 

6 an independent Palestinian state . . . The United 

7 States will not support unilateral campaigns at the 

8 United Nations in September or any other time.’’. 

9 (10) On September 16, 2011, the Deputy Na10 tional Security Advisor for Strategic Communica11 tions stated that ‘‘We would veto actions through 

12 the Security Council and oppose action through the 

13 Security Council associated with a unilateral dec14 laration of [Palestinian] statehood.’’. 

15 SEC. 402. STATEMENT OF POLICY. 

16 It is the policy of the United States to oppose the 

17 recognition of a Palestinian state by any United Nations 

18 Entity, or any upgrade, including full membership, in the 

19 status of the Palestinian observer mission at the United 

20 Nations, the Palestine Liberation Organization, the Pales21 tinian Authority, or any other Palestinian administrative 

22 organization or governing entity, at any United Nations 

23 Entity, prior to the achievement of a final peace agree24 ment negotiated between and agreed to by Israel and the 

25 Palestinians. 


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1 SEC. 403. IMPLEMENTATION. 

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

3 United States Permanent Representative to the United 

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

5 States at the United Nations to advance the policy stated 

6 in section 402. 

7 (b) WITHHOLDING OF FUNDS.—The Secretary of 

8 State shall withhold United States contributions from any 

9 United Nations Entity that recognizes a Palestinian state 

10 or upgrades in any way, including granting full member11 ship, the status of the Palestinian observer mission at the 

12 United Nations, the Palestine Liberation Organization, 

13 the Palestinian Authority, or any other Palestinian admin14 istrative organization or governing entity, at that United 

15 Nations Entity, prior to the achievement of complete and 

16 final peace agreement negotiated between and agreed to 

17 by Israel and the Palestinians. Funds appropriated for use 

18 as a United States contribution to the United Nations but 

19 withheld from obligation and expenditure pursuant to this 

20 section shall immediately revert to the United States 

21 Treasury and shall not be considered arrears to be repaid 

22 to any United Nations Entity. 

23 TITLE V—UNITED NATIONS 

24 HUMAN RIGHTS COUNCIL 

25 SEC. 501. FINDINGS. 

26 Congress makes the following findings: 


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1 (1) Since its establishment in 2006, the United 

2 Nations Human Rights Council has failed to mean3 ingfully promote the protection of internationally 

4 recognized human rights, and has proven to be even 

5 more problematic than the United Nations Human 

6 Rights Commission that it was created to replace. 

7 (2) The United Nations Human Rights Council 

8 suffers from fundamental and severe structural 

9 flaws present since its establishment by the United 

10 Nations General Assembly, such as the fact that it 

11 draws its members from the General Assembly with12 out any substantive membership criteria, with the 

13 perverse result that a number of the world’s worst 

14 human rights abusers are members of the council. 

15 (3) For example, many members of the United 

16 Nations Human Rights Council are rated ‘‘Not 

17 Free’’ or only ‘‘Partly Free’’ by Freedom House. 

18 Only a minority of members were rated ‘‘Free’’. 

19 (4) The structure and composition of the 

20 United Nations Human Rights Council have made it 

21 subject to gross political manipulation, with the re22 sult that, during its almost seven years of operation, 

23 the Council has passed over 61 resolutions censuring 

24 the democratic, Jewish State of Israel, as compared 

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1 ships or addressing severe, ongoing human rights 

2 abuses around the world. 

3 (5) The United Nations Human Rights Coun4 cil’s agenda contains a permanent item for criticism 

5 of the democratic, Jewish State of Israel, but no 

6 permanent items criticizing any other state. 

7 (6) The United Nations Human Rights Council 

8 has established, or preserved the existence of, a 

9 number of ‘‘Special Procedures’’ mechanisms to ad10 dress country-specific situations or thematic issues. 

11 These mechanisms include a number of ‘‘special 

12 rapporteurs’’ whose expenses and staff support are 

13 paid for by contributions to the United Nations. 

14 (7) The United Nations Human Rights Council 

15 has also established an ‘‘Advisory Committee’’ whose 

16 expenses and staff support are paid for by contribu17 tions to the United Nations. 

18 (8) Some of these special rapporteurs and mem19 bers of the Advisory Committee have displayed con20 sistent bias against the United States, Israel, and 

21 the Jewish people, while providing support to human 

22 rights abusers. 

23 (9) Miguel D’Escoto Brockmann, a member of 

24 the United Nations Human Rights Council Advisory 

25 Committee who has previously served as President of 


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1 the United Nations General Assembly and as foreign 

2 minister for the Sandinista regime in Nicaragua, has 

3 implicitly accused the United States of terrorism, 

4 has called former President Ronald Reagan a 

5 ‘‘butcher’’, has called for an international boycott of 

6 Israel, has stated that the Palestinians were being 

7 ‘‘crucified’’ by Israel, has called Israel’s defensive 

8 Operation Cast Lead in the Gaza Strip a ‘‘mon9 strosity’’ and ‘‘genocide’’, has urged the United Na10 tions to use the term ‘‘apartheid’’ in discussing 

11 Israeli treatment of Palestinians, has embraced Ira12 nian leader Mahmoud Ahmadinejad after 

13 Ahmadinejad delivered an anti-American, anti-Israel 

14 address to the United Nations General Assembly, 

15 has stated that charges of genocide against Suda16 nese dictator Omar Hassan al Bashir are ‘‘racist’’, 

17 and has declared Fidel Castro ‘‘World Hero of Soli18 darity’’, stating that Castro ‘‘embod[ied] virtues and 

19 values worth emulation by all of us’’. 

20 (10) The five-year review of the United Nations 

21 Human Rights Council concluded on June 17, 2011, 

22 and failed to make any significant reforms to its 

23 fundamental and severe structural flaws, including 

24 its absence of substantive membership criteria, or to 

25 remove the permanent agenda item on Israel. 


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1 (11) On June 17, 2011, former John F. 

2 Sammis, United States Deputy Representative to 

3 the Economic and Social Council, stated that ‘‘The 

4 Geneva process [of the five-year review] failed to 

5 yield even minimally positive results, forcing us to 

6 dissociate from the outcome . . . the final resolution 

7 [for the five-year review] also fails to address the 

8 core problems that still plague the Human Rights 

9 Council . . . The United States has therefore voted 

10 ‘no’ on the resolution . . . the Council’s effective11 ness and legitimacy will always be compromised so 

12 long as one country in all the world is unfairly and 

13 uniquely singled out while others, including chronic 

14 human rights abusers, escape scrutiny . . . The res15 olution before us today does nothing to address the 

16 Council’s failures nor move it any closer to the 

17 founding values of the UN Charter and the Uni18 versal Declaration of Human Rights.’’. 

19 (12) United States membership in the Human 

20 Rights Council has not led to reform of its funda21 mental flaws diminished the Council’s virulently 

22 anti-Israel behavior. The Council has passed 35 res23 olutions criticizing Israel since the United States 

24 joined in 2009. 


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1 SEC. 502. HUMAN RIGHTS COUNCIL MEMBERSHIP AND 

2 FUNDING. 

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

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

6 the requirements described in subsection (b) have been 

7 satisfied— 

8 (1) the Secretary of State shall withhold from 

9 a United States contribution each fiscal year to a 

10 regular budget of the United Nations an amount 

11 that is equal to the percentage of such contribution 

12 that the Secretary determines would be allocated by 

13 the United Nations to support the United Nations 

14 Human Rights Council; 

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

17 Rights Council; and 

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

19 on the United Nations Human Rights Council. 

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

22 Secretary to Congress that— 

23 (1) the United Nations Human Rights Coun24 cil’s mandate from the United Nations General As25 sembly explicitly and effectively prohibits candidacy 


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1 for Human Rights Council membership of a United 

2 Nations Member State— 

3 (A) subject to sanctions by the Security 

4 Council; and 

5 (B) under a Security Council-mandated in6 vestigation for human rights abuses; 

7 (2) the United Nations Human Rights Council 

8 does not include a United Nations Member State— 

9 (A) subject to sanctions by the Security 

10 Council; 

11 (B) under a Security Council-mandated in12 vestigation for human rights abuses; 

13 (C) which the Secretary of State has deter14 mined, for purposes of section 6(j) of the Ex15 port Administration Act of 1979 (as continued 

16 in effect pursuant to the International Emer17 gency Economic Powers Act), section 40 of the 

18 Arms Export Control Act, section 620A of the 

19 Foreign Assistance Act of 1961, or other provi20 sion of law, is a government that has repeatedly 

21 provided support for acts of international ter22 rorism; 

23 (D) which the President has designated as 

24 a country of particular concern for religious 


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1 freedom under section 402(b) of the Inter2 national Religious Freedom Act of 1998; 

3 (E) designated by the Department of State 

4 pursuant to section 110 of the Trafficking Vic5 tims Protection Act of 2000 (22 U.S.C. 7107) 

6 as a Tier 3 country; or 

7 (F) subject to sanctions by the United 

8 States; and 

9 (3) the United Nations Human Rights Coun10 cil’s agenda or programme of work does not include 

11 a permanent item with regard to the State of Israel. 

12 (c) SPECIAL PROCEDURES.—The Secretary of State 

13 shall withhold from a United States contribution each year 

14 to a regular budget of the United Nations an amount that 

15 is equal to the percentage of such contribution that the 

16 Secretary determines would be allocated by the United 

17 Nations to support the United Nations ‘‘Special 

18 Rapporteur on the situation of human rights in Pales19 tinian territories occupied since 1967’’, and any other 

20 United Nations Human Rights Council ‘‘Special Proce21 dures’’ used to display bias against the United States or 

22 the State of Israel or to provide support for the govern23 ment of any United Nations Member State— 

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


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1 (2) under a Security Council-mandated inves2 tigation for human rights abuses; 

3 (3) which the Secretary of State has deter4 mined, for purposes of section 6(j) of the Export Ad5 ministration Act of 1979 (as continued in effect pur6 suant to the International Emergency Economic 

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

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

9 1961, or other provision of law, is a government that 

10 has repeatedly provided support for acts of inter11 national terrorism; 

12 (4) which the President has designated as a 

13 country of particular concern for religious freedom 

14 under section 402(b) of the International Religious 

15 Freedom Act of 1998; 

16 (5) designated by the Department of State pur17 suant to section 110 of the Trafficking Victims Pro18 tection Act of 2000 (22 U.S.C. 7107) as a Tier 3 

19 country; or 

20 (6) subject to sanctions by the United States. 

21 (d) REVERSION OF FUNDS.—Funds appropriated for 

22 use as a United States contribution to the United Nations 

23 but withheld from obligation and expenditure pursuant to 

24 this section shall immediately revert to the United States 


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1 Treasury and shall not be considered arrears to be repaid 

2 to any United Nations Entity. 

3 TITLE VI—2014 GAZA REPORT 

4 SEC. 601. FINDINGS. 

5 Congress finds the following: 

6 (1) On January 12, 2009, the United Nations 

7 Human Rights Council passed Resolution A/HRC/S– 

8 9/L.1, which authorized a ‘‘fact-finding mission’’ re9 garding Israel’s conduct of Operation Cast Lead 

10 against violent militants in the Gaza Strip between 

11 December 27, 2008, and January 18, 2009. 

12 (2) The resolution pre-judged the outcome of its 

13 investigation by one-sidedly mandating the ‘‘fact14 finding mission’’ to ‘‘investigate all violations of 

15 international human rights law and International 

16 Humanitarian Law by . . . Israel, against the Pal17 estinian people . . . particularly in the occupied 

18 Gaza Strip, due to the current aggression’’. 

19 (3) The mandate of the ‘‘fact-finding mission’’ 

20 makes no mention of the relentless rocket and mor21 tar attacks, which numbered in the thousands and 

22 spanned a period of eight years, by Hamas and 

23 other violent militant groups in Gaza against civilian 

24 targets in Israel, that necessitated Israel’s defensive 

25 measures. 


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1 (4) The ‘‘fact-finding mission’’ included a mem2 ber who, before joining the mission, had already de3 clared Israel guilty of committing atrocities in Oper4 ation Cast Lead by signing a public letter on Janu5 ary 11, 2009, published in the Sunday Times, that 

6 called Israel’s actions ‘‘war crimes’’. 

7 (5) The mission’s flawed and biased mandate 

8 gave serious concern to many United Nations 

9 Human Rights Council Member States which re10 fused to support it, including Bosnia and 

11 Herzegovina, Cameroon, Canada, France, Germany, 

12 Italy, Japan, the Netherlands, the Republic of 

13 Korea, Slovakia, Slovenia, Switzerland, Ukraine, and 

14 the United Kingdom of Great Britain and Northern 

15 Ireland, and troubled many distinguished individuals 

16 who refused invitations to head the mission. 

17 (6) On September 15, 2009, the ‘‘United Na18 tions Fact Finding Mission on the Gaza Conflict’’ 

19 released its report, commonly referred to as the 

20 ‘‘Goldstone Report’’, which repeatedly made sweep21 ing and unsubstantiated determinations that the 

22 Israeli military had deliberately attacked civilians 

23 during Operation Cast Lead. 

24 (7) The Goldstone Report, in effect, denied the 

25 State of Israel the right to self-defense, and never 


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1 noted the fact that Israel had the right to defend its 

2 citizens from the repeated violent attacks committed 

3 against civilian targets in southern Israel by Hamas 

4 and other Foreign Terrorist Organizations operating 

5 from Gaza. 

6 (8) The Goldstone Report largely ignored the 

7 culpability of the Government of Iran and the Gov8 ernment of Syria, both of whom sponsor Hamas and 

9 other Foreign Terrorist Organizations. 

10 (9) On April 1, 2011, Richard Goldstone, the 

11 head of the ‘‘United Nations Fact Finding Mission 

12 on the Gaza Conflict’’ that authored the Goldstone 

13 Report, wrote an op-ed in the Washington Post that 

14 renounced the Goldstone Report’s claim that the 

15 Israeli military deliberately attacked civilians during 

16 Operation Cast Lead. Goldstone wrote that the 

17 Israeli military’s investigations with respect to inci18 dents in Operation Cast Lead ‘‘indicate that civilians 

19 were not intentionally targeted as a matter of pol20 icy’’. 

21 (10) Three years later, on July 23, 2014, the 

22 United Nations Human Rights Council passed Reso23 lution A/HRC/RES/S–21/1, which authorized a 

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1 tween Israel and Hamas between July 8, 2014, and 

2 August 26, 2014. 

3 (11) On June 22, 2015, the ‘‘United Nations 

4 Independent Commission of Inquiry on the 2014 

5 Gaza conflict’’ released its report, hereafter referred 

6 to as the ‘‘Gaza report’’, which attempted to estab7 lish a false moral equivalency between the actions of 

8 Israel’s military and of Hamas and other Foreign 

9 Terrorist Organizations operating from Gaza. 

10 (12) The Gaza report, in effect, denies the 

11 State of Israel the right to self defense, and never 

12 notes the fact that Israel had the right to defend its 

13 citizens from the repeated violent attacks committed 

14 against civilian targets in southern Israel by Hamas 

15 and other Foreign Terrorist Organizations operating 

16 from Gaza. 

17 (13) Hamas uses civilian populations as human 

18 shields by placing their missile batteries in densely 

19 populated areas and near schools, hospitals, and 

20 mosques. 

21 (14) Israel’s military went to extraordinary 

22 lengths to target only terrorist actors and to mini23 mize collateral damage by warning Gaza residents of 

24 imminent attacks. 


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1 (15) Hamas urged the residents of Gaza to ig2 nore the Israeli warnings and to remain in their 

3 houses and encouraged Palestinians to gather on the 

4 roofs of their homes to act as human shields. 

5 (16) The Gaza report reflects the longstanding, 

6 historic bias at the United Nations against the 

7 democratic, Jewish State of Israel. 

8 (17) The Gaza report is being exploited by 

9 Israel’s enemies to excuse the actions of violent mili10 tant groups and their state sponsors, and to justify 

11 isolation of and punitive measures against the demo12 cratic, Jewish State of Israel. 

13 (18) Efforts to delegitimize the democratic 

14 State of Israel and deny it the right to defend its 

15 citizens and its existence can be used to delegitimize 

16 other democracies and deny them the same right. 

17 SEC. 602. STATEMENT OF POLICY. 

18 It is the policy of the United States to— 

19 (1) consider the Gaza report irredeemably bi20 ased and unworthy of further consideration or legit21 imacy; 

22 (2) strongly and unequivocally oppose any con23 sideration, legitimization, or endorsement of the 

24 Gaza report, or any other measures stemming from 

25 this report, in multilateral fora; 


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1 (3) lead a high-level diplomatic campaign in 

2 support of the revocation and repudiation, by the 

3 United Nations General Assembly, of the Gaza re4 port and any United Nations resolutions stemming 

5 from the report, including 

6 (4) lead a high-level diplomatic effort to encour7 age other responsible countries not to endorse, sup8 port, or legitimize the Gaza report or any other 

9 measures stemming from the report. 

10 SEC. 603. WITHHOLDING OF FUNDS; REFUND OF UNITED 

11 STATES TAXPAYER DOLLARS. 

12 (a) WITHHOLDING OF FUNDS.—The Secretary of 

13 State shall withhold from the United States contribution 

14 to the regular budget of the United Nations an amount 

15 that is equal to the percentage of such contribution that 

16 the Secretary determines would be or has been expended 

17 by the United Nations for any part of the Gaza report 

18 or its preparatory or follow-on activities. 

19 (b) REFUND OF UNITED STATES TAXPAYER DOL20 LARS.—Funds appropriated for use as a United States 

21 contribution to the regular budget of the United Nations 

22 but withheld from obligation and expenditure pursuant to 

23 subsection (a) shall immediately revert to the United 

24 States Treasury and shall not be considered arrears to be 

25 repaid to any United Nations Entity. 


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1 TITLE VII—BIASED AND 

2 COMPROMISED ACTIVITIES 

3 SEC. 701. WITHHOLDING OF FUNDS. 

4 (a) IN GENERAL.—Until the Secretary of State sub5 mits to the appropriate congressional committees a certifi6 cation, on a case-by-case basis, that the requirements de7 scribed in subsection (b) have been satisfied, the United 

8 States shall withhold from the United States contribution 

9 to the regular budget of the United Nations an amount 

10 that is equal to the percentage of such contribution that 

11 the Secretary determines has been allocated by the United 

12 Nations for any conference, meeting, or other multilateral 

13 forum, or the preparatory or follow-on activities of any 

14 conference, meeting, or other multilateral forum, that is 

15 organized under the aegis or jurisdiction of the United Na16 tions or of any United Nations Entity. 

17 (b) REQUIREMENTS.—The certification referred to in 

18 subsection (a) is a certification made by the Secretary of 

19 State to the appropriate congressional committees con20 cerning the following: 

21 (1) The specified conference or forum was not 

22 used to single out the United States or the State of 

23 Israel for unfair or unbalanced criticism. 

24 (2) The specified conference or forum was not 

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1 Semitism, denial of the Holocaust, incitement to vio2 lence or genocide, xenophobia, or related intolerance. 

3 (3) The specified conference or forum was not 

4 used to advocate for restrictions on the freedoms of 

5 speech, expression, religion, the press, assembly, or 

6 petition, or for restrictions on other fundamental 

7 human rights and freedoms. 

8 (4) The leadership of the specified conference 

9 or forum does not include a Member State, or a rep10 resentative from a Member State— 

11 (A) subject to sanctions by the Security 

12 Council; 

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

15 (C) the government of which the Secretary 

16 of State has determined, for purposes of section 

17 6(j) of the Export Administration Act of 1979 

18 (as continued in effect pursuant to the Inter19 national Emergency Economic Powers Act), 

20 section 40 of the Arms Export Control Act, sec21 tion 620A of the Foreign Assistance Act of 

22 1961, or other provision of law, is a government 

23 that has repeatedly provided support for acts of 

24 international terrorism; or 


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1 (D) subject to sanctions by the United 

2 States. 

3 TITLE VIII—UNRWA 

4 SEC. 801. FINDINGS. 

5 Congress makes the following findings: 

6 (1) United Nations General Assembly Resolu7 tion 302 (1949) created the United Nations Relief 

8 and Works Agency for Palestine Refugees in the 

9 Near East (UNRWA) with the temporary, strictly 

10 humanitarian mandate to ‘‘carry out . . . direct re11 lief and works programmes’’ for Palestinian refu12 gees. 

13 (2) The total annual budget of the United Na14 tions Relief and Works Agency for Palestine Refu15 gees in the Near East (UNRWA), including its core 

16 programs, emergency activities and special projects, 

17 exceeds almost $1,400,000,000. 

18 (3) The United States has long been the largest 

19 single contributing country to UNRWA. 

20 (4) From 1950 to 2015, the United States has 

21 contributed over $5,000,000,000 to UNRWA, in22 cluding an average of over $280,000,000 per year 

23 between 2009 and 2014. 


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1 (5) UNRWA staff unions, including the teach2 ers’ union, are frequently controlled by members af3 filiated with Hamas. 

4 (6) The late Representative Tom Lantos, in a 

5 May 13, 2002, letter, expressed his concern that— 

6 (A) ‘‘UNRWA is perpetuating, rather than 

7 ameliorating, the situation of Palestinian refu8 gees’’; 

9 (B) ‘‘UNRWA officials have . . . failed to 

10 prevent their camps from becoming centers of 

11 terrorist activity’’; and 

12 (C) ‘‘for too long, UNRWA has been part 

13 of the problem, rather than the solution, in the 

14 Middle East . . . UNRWA camps have fostered 

15 a culture of anger and dependency that under16 mines both regional peace and the well-being of 

17 the camps’’ inhabitants. 

18 (7) The curriculum of UNRWA schools, which 

19 has been known to use the textbooks of their respec20 tive host governments or authorities, has a history 

21 of containing materials that are anti-Israel, anti-Se22 mitic, and supportive of violent extremism. 

23 (8) Despite UNRWA’s contravention of United 

24 States law and activities that compromise its strictly 

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1 ceive United States contributions, including 

2 $408,751,396 in 2014. 

3 (9) Assistance from the United States and 

4 other responsible nations allows UNRWA to claim 

5 that criticisms of the agency’s behavior are un6 founded. UNRWA spokesman Christopher Gunness 

7 has dismissed concerns by stating that ‘‘If these 

8 baseless allegations were even halfway true, do you 

9 really think the U.S. and [European Commission] 

10 would give us hundreds of millions of dollars per 

11 year?’’. 

12 (10) Former UNRWA general counsel James 

13 Lindsay noted in a 2009 report that: 

14 (A) ‘‘The United States, despite funding 

15 nearly 75 percent of UNRWA’s national budget 

16 and remaining its largest single country donor, 

17 has mostly failed to make UNRWA reflect U.S. 

18 foreign policy objectives . . . Recent U.S. ef19 forts to shape UNRWA appear to have been in20 effective . . .’’; 

21 (B) ‘‘[T]he United States is not obligated 

22 to fund agencies that refuse to check its rolls 

23 for individuals their donors do not wish to sup24 port.’’; 


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1 (C) ‘‘A number of changes in UNRWA 

2 could benefit the refugees, the Middle East, and 

3 the United States, but those changes will not 

4 occur unless the United States, ideally with 

5 support from UNRWA’s other main financial 

6 supporter, the European Union, compels the 

7 agency to enact reforms.’’; and 

8 (D) ‘‘If the [UNRWA commissioner-gen9 eral’s] power is used in ways that are conflict 

10 with the donors’’ political objectives, it is up to 

11 the donors to take the necessary actions to en12 sure that their interests are respected. When 

13 they have done so, UNRWA—given the tight fi14 nancial leash it has been on for most of its ex15 istence—has tended to follow their dictates, 

16 even if sometimes slowly. 

17 (11) The Government of Canada has placed re18 strictions on its contributions to UNRWA, dem19 onstrating consequences for UNRWA’s malfeasance 

20 and setting an example for the United States and 

21 other donor governments. 

22 (12) During Israel’s Operation Protective Edge 

23 in 2014 in response to Hamas rocket attacks against 

24 Israel, UNRWA’s Commissioner General gave a 

25 press briefing ignoring the extraordinary efforts 


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1 Israel goes to avoid civilian casualties, and not once 

2 in the nearly 1,100 word statement mentioning 

3 Hamas or condemning Hamas’ use of Palestinian 

4 children, women, and men as human shields in viola5 tion of international humanitarian law. 

6 (13) On July 16, 2014, UNRWA reported that 

7 it had found 20 missiles in one of its schools in 

8 Gaza, likely placed there by Hamas, and then in9 stead of dismantling the missiles, UNRWA returned 

10 them to the ‘‘relevant authorities’’ in Gaza, and 

11 since Hamas controls Gaza, it likely turned them 

12 back over to Hamas. 

13 (14) On July 22, 2014, UNRWA reported that 

14 it had found a second instance in which missiles 

15 were stockpiled in one of its schools in Gaza, and 

16 again failed to condemn Hamas publicly. 

17 (15) On July 29, 2014, UNRWA confirmed 

18 that, for the third time in less than a month, a 

19 stockpile of Hamas rockets was found in one of its 

20 schools in Gaza, establishing a pattern of Hamas 

21 weapons being stored in UNRWA facilities, and call22 ing into question UNRWA’s claim of being caught 

23 unawares to Hamas’ actions. 

24 (16) On July 30, 2014, three Israeli Defense 

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1 trapped UNRWA health clinic, which was housing 

2 the opening to one of Hamas’ underground tunnels. 

3 (17) On July 30, 2014, John Ging, head of 

4 UNRWA from 2006 to 2011, when asked if Hamas 

5 has been using human shields and using United Na6 tions schools and hospitals to store weapons and as 

7 a shelter from which to launch missiles into Israel, 

8 stated in an interview, ‘‘Yes, the armed groups are 

9 firing their rockets into Israel from the vicinity of 

10 UN facilities and residential areas. Absolutely.’’. 

11 (18) During Operation Protective Edge in 

12 Gaza, UNRWA repeatedly distorted the facts and 

13 accused Israel of targeting Palestinian women and 

14 children based off of the casualty numbers provided 

15 to it by Gaza’s Hamas-run Health Ministry, which 

16 has been shown to have deliberately lied about the 

17 casualty numbers. 

18 SEC. 802. UNITED STATES CONTRIBUTIONS TO UNRWA. 

19 Section 301 of the Foreign Assistance Act of 1961 

20 is amended by striking subsection (c) and inserting the 

21 following new subsection: 

22 ‘‘(c)(1) WITHHOLDING.—Contributions by the 

23 United States to the United Nations Relief and Works 

24 Agency for Palestine Refugees in the Near East 

25 (UNRWA), to any successor or related entity, or to the 


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1 regular budget of the United Nations for the support of 

2 UNRWA or a successor entity (through staff positions 

3 provided by the United Nations Secretariat, or otherwise), 

4 may be provided only during a period for which a certifi5 cation described in paragraph (2) is in effect. Notwith6 standing any other provision of law, if such a certification 

7 cannot be made, such contributions shall be made avail8 able to the United Nations High Commissioner for Refu9 gees (UNHCR) specifically for use by UNHCR Emer10 gency Response. 

11 ‘‘(2) CERTIFICATION.—A certification described in 

12 this paragraph is a written determination by the Secretary 

13 of State, based on all information available after diligent 

14 inquiry, and transmitted to the appropriate congressional 

15 committees along with a detailed description of the factual 

16 basis therefor, that— 

17 ‘‘(A) no official, employee, consultant, con18 tractor, subcontractor, representative, or affiliate of 

19 UNRWA— 

20 ‘‘(i) is a member of a Foreign Terrorist 

21 Organization; 

22 ‘‘(ii) has propagated, disseminated, or in23 cited anti-American, anti-Israel, or anti-Semitic 

24 rhetoric or propaganda; or 


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1 ‘‘(iii) has used any UNRWA resources, in2 cluding publications or Web sites, to propagate 

3 or disseminate political materials, including po4 litical rhetoric regarding the Israeli-Palestinian 

5 conflict; 

6 ‘‘(B) no UNRWA school, hospital, clinic, other 

7 facility, or other infrastructure or resource is being 

8 used by a Foreign Terrorist Organization for oper9 ations, planning, training, recruitment, fundraising, 

10 indoctrination, communications, sanctuary, storage 

11 of weapons or other materials, or any other pur12 poses; 

13 ‘‘(C) UNRWA is subject to comprehensive fi14 nancial audits by an internationally recognized third15 party independent auditing firm and has imple16 mented an effective system of vetting and oversight 

17 to prevent the use, receipt, or diversion of any 

18 UNRWA resources by any foreign terrorist organiza19 tion or members thereof; 

20 ‘‘(D) no UNRWA-funded school or educational 

21 institution uses textbooks or other educational mate22 rials that propagate or disseminate anti-American, 

23 anti-Israel, or anti-Semitic rhetoric, propaganda or 

24 incitement; 


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1 ‘‘(E) no recipient of UNRWA funds or loans is 

2 a member of a Foreign Terrorist Organization; and 

3 ‘‘(F) UNRWA holds no accounts or other affili4 ations with financial institutions that the United 

5 States deems or believes to be complicit in money 

6 laundering and terror financing. 

7 ‘‘(3) DEFINITIONS.—In this section: 

8 ‘‘(A) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘appropriate congressional com10 mittees’ means— 

11 ‘‘(i) the Committees on Foreign Affairs, 

12 Appropriations, and Oversight and Government 

13 Reform of the House of Representatives; and 

14 ‘‘(ii) the Committees on Foreign Relations, 

15 Appropriations, and Homeland Security and 

16 Governmental Affairs of the Senate. 

17 ‘‘(B) FOREIGN TERRORIST ORGANIZATION.— 

18 The term ‘Foreign Terrorist Organization’ means an 

19 organization designated as a Foreign Terrorist Or20 ganization by the Secretary of State in accordance 

21 with section 219(a) of the Immigration and Nation22 ality Act (8 U.S.C. 1189(a)). 

23 ‘‘(4) EFFECTIVE DURATION OF CERTIFICATION.— 

24 The certification described in paragraph (2) shall be effec25 tive for a period of 180 days from the date of transmission 


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1 to the appropriate congressional committees, or until the 

2 Secretary receives information rendering that certification 

3 factually inaccurate, whichever is earliest. In the event 

4 that a certification becomes ineffective, the Secretary shall 

5 promptly transmit to the appropriate congressional com6 mittees a description of any information that precludes the 

7 renewal or continuation of the certification. 

8 ‘‘(5) LIMITATION.—During a period for which a cer9 tification described in paragraph (2) is in effect, the 

10 United States may not contribute to the United Nations 

11 Relief and Works Agency for Palestine Refugees in the 

12 Near East (UNRWA) or a successor entity an annual 

13 amount— 

14 ‘‘(A) greater than the highest annual contribu15 tion to UNRWA made by a member country of the 

16 League of Arab States; 

17 ‘‘(B) that, as a proportion of the total UNRWA 

18 budget, exceeds the proportion of the total budget 

19 for the United Nations High Commissioner for Ref20 ugees (UNHCR) paid by the United States; or 

21 ‘‘(C) that exceeds 22 percent of the total budget 

22 of UNRWA.’’. 

23 SEC. 803. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 


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1 (1) the President and the Secretary of State 

2 should lead a high-level diplomatic effort to encour3 age other responsible nations to withhold contribu4 tions to UNRWA, to any successor or related entity, 

5 or to the regular budget of the United Nations for 

6 the support of UNRWA or a successor entity 

7 (through staff positions provided by the United Na8 tions Secretariat, or otherwise) until UNRWA has 

9 met the conditions listed in subparagraphs (A) 

10 through (F) of section 301(c)(2) of the Foreign As11 sistance Act of 1961 (as added by section 802 of 

12 this Act); 

13 (2) citizens of recognized states should be re14 moved from UNRWA’s jurisdiction; 

15 (3) UNRWA’s definition of a ‘‘Palestine ref16 ugee’’ should be changed to that used for a refugee 

17 by the Office of the United Nations High Commis18 sioner for Refugees; and 

19 (4) in order to alleviate the suffering of Pales20 tinian refugees, responsibility for those refugees 

21 should be fully transferred to the Office of the 

22 United Nations High Commissioner for Refugees. 


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1 TITLE IX—INTERNATIONAL 

2 ATOMIC ENERGY AGENCY 

3 SEC. 901. TECHNICAL COOPERATION PROGRAM. 

4 (a) PROHIBITION.—No funds from any United States 

5 assessed or voluntary contribution to the IAEA may be 

6 used to support any assistance provided by the IAEA 

7 through its Technical Cooperation program to North 

8 Korea and any country that— 

9 (1) is a country the government of which has 

10 been determined by the Secretary of State, for pur11 poses of section 6(j) of the Export Administration 

12 Act of 1979, section 620A of the Foreign Assistance 

13 Act of 1961, section 40 of the Arms Export Control 

14 Act, or other provision of law, is a government that 

15 has repeatedly provided support for acts of inter16 national terrorism; 

17 (2) is subject to sanctions by the United States 

18 as a proliferation concern or for being in breach of 

19 or noncompliance with its obligations regarding— 

20 (A) its safeguards agreement with the 

21 IAEA; 

22 (B) the Additional Protocol; 

23 (C) the Nuclear Non-Proliferation Treaty; 

24 (D) any relevant United Nations Security 

25 Council Resolution; or 


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1 (E) the Charter of the United Nations; or 

2 (3) is under investigation for a breach of or 

3 noncompliance with the obligations specified in para4 graph (2). 

5 (b) WITHHOLDING OF VOLUNTARY CONTRIBU6 TIONS.—Not later than 30 days after the date of the en7 actment of this Act, the Secretary of State shall withhold 

8 from the United States voluntary contribution to the 

9 IAEA an amount proportional to that spent by the IAEA 

10 on assistance through its Technical Cooperation Program 

11 to countries described in subsection (a). 

12 (c) WITHHOLDING OF ASSESSED CONTRIBUTIONS.— 

13 If, not later than 30 days of the date of the enactment 

14 of this Act, the amount specified in subsection (b) has not 

15 been withheld and the IAEA has not suspended all assist16 ance provided through its Technical Cooperation Program 

17 to the countries described in subsection (a), an amount 

18 equal to that specified in subsection (b) shall be withheld 

19 from the United States assessed contribution to the IAEA. 

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

21 of the enactment of this Act, the President shall transmit 

22 to the appropriate congressional committees a report on 

23 the implementation of this section. 

24 SEC. 902. UNITED STATES POLICY AT THE IAEA. 

25 (a) UNITED STATES CONTRIBUTIONS.— 


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1 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

2 contributions of the United States to the IAEA 

3 should primarily be used to fund activities relating 

4 to Nuclear Safety and Security or activities relating 

5 to Nuclear Verification. 

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

7 President shall direct the United States Permanent 

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

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

10 (A) ensure that funds for safeguards in11 spections are prioritized for countries that— 

12 (i) are or have been in the previous 5 

13 years in breach of or noncompliance with 

14 its obligations with— 

15 (I) its safeguards agreement with 

16 the IAEA; 

17 (II) the Additional Protocol; 

18 (III) the Nuclear Non-Prolifera19 tion Treaty; 

20 (IV) any relevant United Nations 

21 Security Council Resolution; or 

22 (V) the Charter of the United 

23 Nations; or 


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1 (ii) have newly established nuclear 

2 programs and are initiating nuclear pro3 grams; and 

4 (B) block the allocation of funds for any 

5 other IAEA development, environmental, or nu6 clear science assistance or activity to a coun7 try— 

8 (i) the government of which the Sec9 retary of State has determined, for pur10 poses of section 6(j) of the Export Admin11 istration Act of 1979, section 620A of the 

12 Foreign Assistance Act of 1961, section 40 

13 of the Arms Export Control Act, or other 

14 provision of law, is a government that has 

15 repeatedly provided support for acts of 

16 international terrorism and the government 

17 of which the Secretary has determined has 

18 not dismantled and surrendered its weap19 ons of mass destruction programs under 

20 international verification; 

21 (ii) that is under investigation for a 

22 breach of or noncompliance with its IAEA 

23 obligations or the purposes and principles 

24 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 (b) 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, ratified 

20 and implemented 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 (c) 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. 


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

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

3 thereafter, the President shall submit to the appropriate 

4 congressional committees a report on the implementation 

5 of this section. 

6 SEC. 903. SENSE OF CONGRESS REGARDING THE NUCLEAR 

7 SECURITY ACTION PLAN OF THE IAEA. 

8 It is the sense of Congress that the national security 

9 interests of the United States are enhanced by the Nuclear 

10 Security Action Plan of the IAEA and the Board of Gov11 ernors should recommend, and the General Conference 

12 should adopt, a resolution incorporating the Nuclear Secu13 rity Action Plan into the regular budget of the IAEA. 

14 TITLE X—PEACEKEEPING 

15 SEC. 1001. REFORM OF UNITED NATIONS PEACEKEEPING 

16 OPERATIONS. 

17 It is the sense of Congress that— 

18 (1) although United Nations peacekeeping oper19 ations have contributed greatly toward the pro20 motion of peace and stability for over 6 decades and 

21 the majority of peacekeeping personnel who have 

22 served under the United Nations flag have done so 

23 with honor and courage, the record of United Na24 tions peacekeeping has been severely tarnished by 


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1 operational failures and unconscionable acts of mis2 conduct; 

3 (2) in response to such failures, successive Sec4 retaries General of the United Nations have 

5 launched numerous reform efforts, including the 

6 high-level Panel on United Nations Peace Oper7 ations, led by former Foreign Minister of Algeria 

8 Lakhdar Brahimi, the 2005 report by the Special 

9 Advisor on the Prevention of Sexual Exploitation 

10 and Abuse, His Royal Highness Prince Zeid Ra’ad 

11 Zeid Al-Hussein of Jordan, the 2009 New Partner12 ship Agenda, known as the ‘‘New Horizon’’ reports, 

13 and the 2015 report by the High-level Independent 

14 Panel on United Nations Peace Operations; 

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

16 had over a decade to implement many of these re17 forms, nearly 10 years to implement the reforms in 

18 the Zeid Report, and the fact that Secretary General 

19 Ban Ki-Moon, his predecessor Kofi Annan, and the 

20 Special Committee on Peacekeeping Operations re21 peatedly have expressed their commitment ‘‘to imple22 menting fundamental, systematic changes as a mat23 ter of urgency,’’ a number of critical reforms con24 tinue to be blocked or delayed by Members States 


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1 who arguably benefit from maintenance of the status 

2 quo; 

3 (4) further, audits of procurement practices in 

4 the Department of Peacekeeping Operations, con5 ducted by the Office of Internal Oversight Services, 

6 and the now-defunct United Nations Procurement 

7 Task Force have uncovered ‘‘significant’’ corruption 

8 schemes and criminal acts by United Nations peace9 keeping personnel; and 

10 (5) if the reputation of and confidence in 

11 United Nations peacekeeping operations is to be re12 stored, fundamental and far-reaching reforms, par13 ticularly in the areas of planning, management, pro14 curement, training, conduct, and discipline, must be 

15 implemented without further delay. 

16 SEC. 1002. POLICY RELATING TO REFORM OF UNITED NA17 TIONS PEACEKEEPING OPERATIONS. 

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

19 reform of United Nations peacekeeping operations in the 

20 following areas: 

21 (1) PLANNING AND MANAGEMENT.— 

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

23 and number of United Nations peacekeeping 

24 operations have increased substantially over the 

25 past decade, independent audits of each such 


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1 operation should be conducted annually, with a 

2 view toward ‘‘right-sizing’’ operations and en3 suring that all operations are efficient and cost 

4 effective. 

5 (B) PROCUREMENT AND TRANS6 PARENCY.—The logistics established within the 

7 United Nations Department of Field Support 

8 should be streamlined and strengthened to en9 sure that all peacekeeping missions are 

10 resourced appropriately, transparently, and in a 

11 timely fashion while individual accountability 

12 for waste, fraud and abuse within United Na13 tions peacekeeping missions is uniformly en14 forced. 

15 (C) REVIEW OF MANDATES AND CLOSING

16 OPERATIONS.—In conjunction with the audit 

17 described in subparagraph (A), the United Na18 tions Department of Peacekeeping Operations 

19 should conduct a comprehensive review of all 

20 United Nations peacekeeping operation man21 dates, with a view toward identifying objectives 

22 that are practical and achievable, and report its 

23 findings to the Security Council. In particular, 

24 the review should consider the following: 


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1 (i) Except in extraordinary cases, in2 cluding genocide, the United Nations De3 partment of Peacekeeping Operations 

4 should not be tasked with activities that 

5 are impractical or unachievable without the 

6 cooperation of the Member State(s) 

7 hosting a United Nations peacekeeping op8 eration, or which amount to de-facto 

9 Trusteeship outside of the procedures es10 tablished for such under Chapter XII of 

11 the United Nations Charter, thereby cre12 ating unrealistic expectations and obfus13 cating the primary responsibility of the 

14 Member States themselves in creating and 

15 maintaining conditions for peace. 

16 (ii) Long-standing operations that are 

17 static and cannot fulfill their mandate 

18 should be downsized or closed. 

19 (iii) Where there is legitimate concern 

20 that the withdrawal from a country of an 

21 otherwise static United Nations peace22 keeping operation would result in the re23 sumption of major conflict, a burden-shar24 ing arrangement that reduces the level of 

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1 rently supporting the United Nations 

2 Peacekeeping Force in Cyprus, should be 

3 explored and instituted. 

4 (D) LEADERSHIP.—As peacekeeping oper5 ations become larger and increasingly complex, 

6 the Secretariat should adopt a minimum stand7 ard of qualifications for senior leaders and 

8 managers, with particular emphasis on specific 

9 skills and experience, and current senior leaders 

10 and managers who do not meet those standards 

11 should be removed. 

12 (E) PRE-DEPLOYMENT TRAINING.—Pre-de13 ployment training on interpretation of the man14 date of the operation, specifically in the areas 

15 of use of force, civilian protection and field con16 ditions, the Code of Conduct, HIV/AIDS, and 

17 human rights should be mandatory, and all per18 sonnel, regardless of category or rank, should 

19 be required to sign an oath that each has re20 ceived and understands such training as a con21 dition of participation in the operation. 

22 (F) GRATIS MILITARY PERSONNEL.—The 

23 General Assembly should seek to strengthen the 

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1 dinary burden currently placed upon the limited 

2 number of headquarters staff by lifting restric3 tions on the utilization of gratis military per4 sonnel by the Department so that the Depart5 ment may accept secondments from Member 

6 States of military personnel with expertise in 

7 mission planning, logistics, and other oper8 ational specialties. 

9 (2) CONDUCT AND DISCIPLINE.— 

10 (A) ADOPTION OF A UNIFORM CODE OF

11 CONDUCT.—A single, uniform Code of Conduct 

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

14 Nations peacekeeping operations, regardless of 

15 category or rank, including military personnel, 

16 should be adopted and incorporated into legal 

17 documents governing participation in such an 

18 operation, including all contracts and Memoran19 dums of Understanding, promulgated and effec20 tively enforced. 

21 (B) UNDERSTANDING THE CODE OF CON22 DUCT.—All personnel, regardless of category or 

23 rank, should receive training on the Code of 

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1 keeping operation, in addition to periodic fol2 low-on training. In particular— 

3 (i) all personnel, regardless of cat4 egory or rank, should be provided with a 

5 personal copy of the Code of Conduct that 

6 has been translated into the national lan7 guage of such personnel, regardless of 

8 whether such language is an official lan9 guage of the United Nations; 

10 (ii) all personnel, regardless of cat11 egory or rank, should sign an oath that 

12 each has received a copy of the Code of 

13 Conduct, that each pledges to abide by the 

14 Code of Conduct, and that each under15 stands the consequences of violating the 

16 Code of Conduct, including immediate ter17 mination of participation in and permanent 

18 exclusion from all current and future 

19 peacekeeping operations, as well as the as20 sumption of personal liability and victims 

21 compensation, where appropriate, as a con22 dition of appointment to any such oper23 ation; and 

24 (iii) peacekeeping operations should 

25 continue and enhance educational outreach 


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1 programs to reach local communities where 

2 peacekeeping personnel of such operations 

3 are based, including explaining prohibited 

4 acts on the part of United Nations peace5 keeping personnel and identifying the indi6 vidual to whom the local population may 

7 direct complaints or file allegations of ex8 ploitation, abuse, or other acts of mis9 conduct. 

10 (C) MONITORING MECHANISMS.—Dedi11 cated monitoring mechanisms, such as the Con12 duct and Discipline Teams already deployed to 

13 support United Nations peacekeeping oper14 ations should be present in each operation to 

15 monitor compliance with the Code of Conduct, 

16 and should report simultaneously to the Head 

17 of Mission, the United Nations Department of 

18 Field Support, the United Nations Department 

19 of Peacekeeping Operations, and the Associate 

20 Director of the Office of Internal Oversight 

21 Services for Peacekeeping Operations. 

22 (D) INVESTIGATIONS.—A permanent, pro23 fessional, and independent investigative body 

24 should be established and introduced into 


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1 United Nations peacekeeping operations. In 

2 particular— 

3 (i) the investigative body should in4 clude professionals with experience in in5 vestigating sex crimes and the illegal ex6 ploitation of resources, as appropriate, as 

7 well as experts who can provide guidance 

8 on standards of proof and evidentiary re9 quirements necessary for any subsequent 

10 legal action; 

11 (ii) provisions should be included in 

12 all Memorandums of Understanding, in13 cluding a Model Memorandum of Under14 standing, that obligate Member States that 

15 contribute troops to a peacekeeping oper16 ation to designate a military prosecutor 

17 who will participate in any investigation 

18 into credible allegations of misconduct 

19 brought against an individual of such 

20 Member State, so that evidence is collected 

21 and preserved in a manner consistent with 

22 the military law of such Member State; 

23 (iii) the investigative body should be 

24 regionally based to ensure rapid deploy25 ment and should be equipped with modern 


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1 forensics equipment for the purpose of 

2 positively identifying perpetrators and, 

3 where necessary, for determining paternity; 

4 and 

5 (iv) the investigative body should re6 port directly to the Associate Director of 

7 the Office of Internal Oversight Services 

8 for Peacekeeping Operations, while pro9 viding copies of any reports to the Depart10 ment of Field Support, the Department of 

11 Peacekeeping Operations, the Head of Mis12 sion, and the Member State concerned. 

13 (E) FOLLOW-UP.—The Conduct and Dis14 cipline Unit in the headquarters of the United 

15 Nations Department of Field Support should be 

16 appropriately staffed, resourced, and tasked 

17 with— 

18 (i) promulgating measures to prevent 

19 misconduct; 

20 (ii) receiving reports by field per21 sonnel and coordinating the Department’s 

22 response to allegations of misconduct; 

23 (iii) gathering follow-up information 

24 on completed investigations, particularly by 

25 focusing on disciplinary actions against the 


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1 individual concerned taken by the United 

2 Nations or by the Member State that is 

3 contributing troops to which such indi4 vidual belongs, and sharing such informa5 tion with the Security Council, the Depart6 ment of Peacekeeping Operations, the 

7 Head of Mission, and the community 

8 hosting the peacekeeping operation; and 

9 (iv) contributing pertinent data on 

10 conduct and discipline to the database re11 quired pursuant to subparagraph (H). 

12 (F) FINANCIAL LIABILITY AND VICTIMS

13 ASSISTANCE.—Although peacekeeping oper14 ations should provide immediate medical assist15 ance to victims of sexual abuse or exploitation, 

16 the responsibility for providing longer-term 

17 treatment, care, or restitution lies solely with 

18 the individual found guilty of the misconduct. 

19 In particular: 

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

22 treatment or compensation under the Sex23 ual Exploitation and Abuse Victim Assist24 ance Mechanism by utilizing assessed con25 tributions to United Nations peacekeeping 


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1 operations, thereby shielding individuals 

2 from personal liability and reinforcing an 

3 atmosphere of impunity. 

4 (ii) If an individual responsible for 

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

7 to provide assistance, responsibility for 

8 providing assistance to a victim should be 

9 assigned to the Member State that contrib10 uted the contingent to which such indi11 vidual belonged or to the manager con12 cerned. 

13 (iii) In the case of misconduct by a 

14 member of a military contingent, appro15 priate funds shall be withheld from the 

16 troop contributing country concerned. 

17 (iv) In the case of misconduct by a ci18 vilian employee or contractor of the United 

19 Nations, appropriate wages shall be gar20 nished from such individual or fines shall 

21 be imposed against such individual, con22 sistent with existing United Nations Staff 

23 Rules, and retirement funds shall not be 

24 shielded from liability. 


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1 (G) MANAGERS AND COMMANDERS.—The 

2 manner in which managers and commanders 

3 handle cases of misconduct by those serving 

4 under them should be included in their indi5 vidual performance evaluations, so that man6 agers and commanders who take decisive action 

7 to deter and address misconduct are rewarded, 

8 while those who create a permissive environ9 ment or impede investigations are penalized or 

10 relieved of duty, as appropriate. 

11 (H) DATABASE.—A centralized database, 

12 including personnel photos, fingerprints, and bi13 ometric data, should be created and maintained 

14 within the United Nations Department of 

15 Peacekeeping Operations, the Department of 

16 Field Support, and other relevant United Na17 tions bodies without further delay to track cases 

18 of misconduct, including the outcome of inves19 tigations and subsequent prosecutions, to en20 sure that personnel who have engaged in mis21 conduct or other criminal activities, regardless 

22 of category or rank, are permanently barred 

23 from participation in future peacekeeping oper24 ations. 


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1 (I) COOPERATION OF MEMBER STATES.— 

2 If a Member State routinely refuses to cooper3 ate with the directives contained herein or acts 

4 to shield its nationals from personal liability, 

5 that Member State should be barred from con6 tributing troops or personnel to future peace7 keeping operations. 

8 (J) WELFARE.—Peacekeeping operations 

9 should continue to seek to maintain a minimum 

10 standard of welfare for mission personnel to 

11 ameliorate conditions of service, while adjust12 ments are made to the discretionary welfare 

13 payments currently provided to Member States 

14 that contribute troops to offset the cost of oper15 ation-provided recreational facilities, as nec16 essary and appropriate. 

17 SEC. 1003. CERTIFICATION. 

18 (a) NO NEW OR EXPANDED PEACEKEEPING OPER19 ATIONS.—Until the Secretary of State certifies that the 

20 requirements described in subsection (b) have been satis21 fied, the President shall direct the United States Perma22 nent Representative to the United Nations to use the 

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

24 United Nations to oppose the creation of new, or expan25 sion of existing, United Nations peacekeeping operations. 


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1 (b) CERTIFICATION OF PEACEKEEPING OPERATIONS

2 REFORMS.—The certification referred to in subsection (a) 

3 is a certification made by the Secretary to the appropriate 

4 congressional committees that the following reforms, or an 

5 equivalent set of reforms, related to peacekeeping oper6 ations have been adopted by the United Nations Depart7 ment of Peacekeeping Operations or the General Assem8 bly, as appropriate: 

9 (1) A single, uniform Code of Conduct that has 

10 the status of a binding rule and applies equally to 

11 all personnel serving in United Nations peacekeeping 

12 operations, regardless of category or rank, has been 

13 adopted by the General Assembly and duly incor14 porated into all contracts and a Model Memorandum 

15 of Understanding, and mechanisms have been estab16 lished for training such personnel concerning the re17 quirements of the Code and enforcement of the 

18 Code. 

19 (2) All personnel, regardless of category or 

20 rank, serving in a peacekeeping operation have been 

21 trained concerning the requirements of the Code of 

22 Conduct and each has been given a personal copy of 

23 the Code, translated into the national language of 

24 such personnel. 


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1 (3) All personnel, regardless of category or 

2 rank, are required to sign an oath that each has re3 ceived a copy of the Code of Conduct, that each 

4 pledges to abide by the Code, and that each under5 stands the consequences of violating the Code, in6 cluding immediate termination of participation in 

7 and permanent exclusion from all current and future 

8 peacekeeping operations, as well as the assumption 

9 of personal liability for victims compensation as a 

10 condition of the appointment to such operation. 

11 (4) All peacekeeping operations have designed 

12 and implemented educational outreach programs to 

13 reach local communities where peacekeeping per14 sonnel of such operations are based to explain pro15 hibited acts on the part of United Nations peace16 keeping personnel and to identify the individual to 

17 whom the local population may direct complaints or 

18 file allegations of exploitation, abuse, or other acts 

19 of misconduct. 

20 (5) The creation of a centralized database, in21 cluding personnel photos, fingerprints, and biometric 

22 data, has been completed and is being maintained in 

23 the United Nations Department of Peacekeeping 

24 Operations that tracks cases of misconduct, includ25 ing the outcomes of investigations and subsequent 


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1 prosecutions, to ensure that personnel, regardless of 

2 category or rank, who have engaged in misconduct 

3 or other criminal activities are permanently barred 

4 from participation in future peacekeeping operations. 

5 (6) A Model Memorandum of Understanding 

6 between the United Nations and each Member State 

7 that contributes troops to a peacekeeping operation 

8 has been adopted by the United Nations Department 

9 of Peacekeeping Operations that specifically obli10 gates each such Member State to— 

11 (A) uphold the uniform Code of Conduct 

12 which shall apply equally to all personnel serv13 ing in United Nations peacekeeping operations, 

14 regardless of category or rank; 

15 (B) designate a competent legal authority, 

16 preferably a prosecutor with expertise in the 

17 area of sexual exploitation and abuse where ap18 propriate, to participate in any investigation 

19 into an allegation of misconduct brought 

20 against an individual of such Member State; 

21 (C) refer to its competent national or mili22 tary authority for possible prosecution, if war23 ranted, any investigation of a violation of the 

24 Code of Conduct or other criminal activity by 

25 an individual of such Member State; 


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1 (D) report to the Department of Field 

2 Support and the Department of Peacekeeping 

3 Operations on the outcome of any such inves4 tigation; 

5 (E) undertake to conduct on-site court 

6 martial proceedings, where practical and appro7 priate, relating to allegations of misconduct al8 leged against an individual of such Member 

9 State; and 

10 (F) assume responsibility for the provision 

11 of appropriate assistance to a victim of mis12 conduct committed by an individual of such 

13 Member State. 

14 (7) A professional and independent investigative 

15 and audit function has been established within the 

16 United Nations Department of Peacekeeping Oper17 ations and the Office of Internal Oversight Services 

18 to monitor United Nations peacekeeping operations. 

Æ 


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