I 

111TH CONGRESS 

1ST SESSION H. R. 557 

To promote transparency, accountability, and reform within the United 

Nations system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2009 

Ms. ROS-LEHTINEN (for herself, Mr. BOEHNER, Mr. CANTOR, Mr. COHEN, 

Mr. PENCE, Mr. MCCOTTER, Mr. SMITH of New Jersey, Mr. BURTON of 

Indiana, Mr. GALLEGLY, Mr. ROHRABACHER, Mr. MANZULLO, Mr. 

ROYCE, Mr. BLUNT, Mr. LINCOLN DIAZ-BALART of Florida, Mrs. 

BLACKBURN, Mr. SAM JOHNSON of Texas, Mr. SHUSTER, Mr. GARRETT

of New Jersey, Mr. BUYER, Mr. WOLF, Mr. POE of Texas, Mr. 

BOOZMAN, Mr. MCCAUL, Mr. BILIRAKIS, Mr. BROUN of Georgia, Mr. 

LAMBORN, Mrs. BACHMANN, Mr. GRAVES, Mr. MARIO DIAZ-BALART of 

Florida, Mr. MACK, and Mr. HALL of Texas) 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 2009’’. 

mstockstill on PROD1PC66 with BILLS

2 

•HR 557 IH

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

2 as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FUNDING OF THE UNITED NATIONS 

Sec. 101. Findings. 

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

basis. 

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

budget of the United Nations. 

TITLE II—TRANSPARENCY AND ACCOUNTABILITY FOR UNITED 

STATES CONTRIBUTIONS TO THE UNITED NATIONS 

Sec. 201. Findings. 

Sec. 202. Definitions. 

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

Inspector General for contributions to the United Nations System. 

Sec. 204. Transparency for United States contributions. 

Sec. 205. Authorization of appropriations. 

TITLE III—UNITED STATES POLICY AT THE UNITED NATIONS 

Sec. 301. Annual publication. 

Sec. 302. Annual financial disclosure. 

Sec. 303. Policy with respect to expansion of the security council. 

Sec. 304. Access to reports and audits. 

Sec. 305. Waiver of immunity. 

Sec. 306. Terrorism and the United Nations. 

Sec. 307. Report on United Nations reform. 

Sec. 308. Report on United Nations personnel. 

Sec. 309. Withholding of United States contributions to UNRWA. 

Sec. 310. United Nations treaty bodies. 

Sec. 311. Equality at the United Nations. 

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

Sec. 313. Regional group inclusion of Israel. 

TITLE IV—UNITED NATIONS HUMAN RIGHTS COUNCIL 

Sec. 401. Findings. 

Sec. 402. Human Rights Council membership and funding. 

TITLE V—INTERNATIONAL ATOMIC ENERGY AGENCY 

Sec. 501. International Atomic Energy Agency. 

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

IAEA. 

TITLE VI—PEACEKEEPING 

Sec. 601. Reform of United Nations peacekeeping operations. 

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

Sec. 603. Certification. 

mstockstill on PROD1PC66 with BILLS

3 

•HR 557 IH

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. 

17 (5) SECRETARY GENERAL.—The term ‘‘Sec18 retary General’’ means the Secretary General of the 

19 United Nations. 

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

21 Council’’ means the Security Council of the United 

22 Nations. 

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

24 Nations. 

mstockstill on PROD1PC66 with BILLS

4 

•HR 557 IH

1 (8) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committees on Foreign Affairs, 

5 Appropriations, and Oversight and Government 

6 Reform of the House; and 

7 (B) the Committees on Foreign Relations, 

8 Appropriations, and Homeland Security and 

9 Governmental Affairs of the Senate. 

10 TITLE I—FUNDING OF THE 

11 UNITED NATIONS 

12 SEC. 101. FINDINGS. 

13 The Congress makes the following findings: 

14 (1) The United States pays billions of dollars 

15 into the United Nations system every year (over 

16 5,300,000,000 dollars in 2005, according to the 

17 White House Office of Management and Budget), 

18 significantly more than any other nation. 

19 (2) Under current rules and contribution levels, 

20 it is possible to assemble the two-thirds majority 

21 needed for important United Nations budget votes 

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

23 less than 1 percent of the total United Nations reg24 ular budget. 

mstockstill on PROD1PC66 with BILLS

5 

•HR 557 IH

1 (3) The disconnect between contribution levels 

2 and management control creates significant perverse 

3 incentives in terms of United Nations spending, 

4 transparency, and accountability. 

5 (4) The United Nations system suffers from 

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

7 which seriously impair its ability to fulfill the lofty 

8 ideals of its founding. 

9 (5) Amidst the continuing financial, corruption, 

10 and sexual abuse scandals of the past several years, 

11 American public disapproval of United Nations has 

12 reached all-time highs. A 2008 Gallup poll revealed 

13 that 65 percent of Americans believe that the United 

14 Nations is doing a poor job, a negative assessment 

15 shared by a majority of respondents from both polit16 ical parties. Research polling by another firm in late 

17 2006 found that 71 percent of Americans think that 

18 the United Nations is ‘‘no longer effective’’ and 

19 needs to be significantly reformed, while 75 percent 

20 think that the United Nations ‘‘needs to be held 

21 more accountable.’’ 

22 (6) Significant improvements in United Nations 

23 transparency and accountability are necessary for 

24 improving public perceptions of and American sup25 port for United Nations operations. 

mstockstill on PROD1PC66 with BILLS

6 

•HR 557 IH

1 (7) Because of their need to justify future con2 tributions from donors, voluntarily funded organiza3 tions have more incentive to be responsive and effi4 cient in their operations than organizations funded 

5 by compulsory contributions that are not tied to per6 formance. 

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

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

9 Organization shall be borne by the Members as ap10 portioned by the General Assembly,’’ leaves to the 

11 discretion of the General Assembly the basis of ap12 portionment, which could be done on the basis of 

13 voluntary pledges by Member States. 

14 (9) Unlike United States assessed contributions 

15 to the United Nations regular budget, which are 

16 statutorily capped at 22 percent of the total, there 

17 is no cap on voluntary contributions. 

18 (10) The United States, which contributes gen19 erously to international organizations whose activi20 ties it recognizes as credible, worthwhile, and effi21 cient, contributes more than 22 percent of the budg22 et of certain voluntarily funded United Nations Spe23 cialized Agencies. 

mstockstill on PROD1PC66 with BILLS

7 

•HR 557 IH

1 SEC. 102. APPORTIONMENT OF THE UNITED NATIONS REG2 ULAR BUDGET ON A VOLUNTARY BASIS. 

3 (a) UNITED STATES POLICY.— 

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

5 to shift the funding mechanism for the regular budg6 et of the United Nations from an assessed to a vol7 untary basis. 

8 (2) The President shall direct the United States 

9 Permanent Representative to the United Nations to 

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

11 States at the United Nations to shift the funding 

12 mechanism for the regular budget of the United Na13 tions to a voluntary basis, and to make it a priority 

14 to build support for such a transformational change 

15 among Member States, particularly key United Na16 tions donors. 

17 (b) CERTIFICATION OF PREDOMINANTLY VOL18 UNTARY UN REGULAR BUDGET FINDING.—A certifi19 cation described in this section is a certification by the 

20 Secretary of State to the Appropriate Congressional Com21 mittees that at least 80 percent of the total regular budget 

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

23 Each such certification shall be shall be effective for a pe24 riod of no more than 1 year, and shall be promptly revoked 

25 by the Secretary, with notice to the Appropriate Congresmstockstill on PROD1PC66 with BILLS

8 

•HR 557 IH

1 sional Committees, if the underlying circumstances change 

2 so as not to warrant such certification. 

3 (c) WITHHOLDING OF NONVOLUNTARY CONTRIBU4 TIONS.— 

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

6 this act and notwithstanding any other provision of 

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

8 United States assessed contribution to the regular 

9 budget of the United Nations in an amount greater 

10 than 50 percent of the United States share of as11 sessed contributions for the regular budget of the 

12 United Nations unless there is in effect a certifi13 cation by the Secretary, as described in subsection 

14 (b). 

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

16 funds appropriated for use as a United States con17 tribution to the regular budget of the United Na18 tions but withheld from obligation and expenditure 

19 pursuant to paragraph (1) may be obligated and ex20 pended for that purpose upon the certification de21 scribed in subsection (b). After 3 years, in the ab22 sence of such certification, those funds shall revert 

23 to the United States Treasury. 

mstockstill on PROD1PC66 with BILLS

9 

•HR 557 IH

1 SEC. 103. BUDGET JUSTIFICATION FOR UNITED STATES 

2 CONTRIBUTIONS TO THE REGULAR BUDGET 

3 OF THE UNITED NATIONS. 

4 (a) DETAILED ITEMIZATION.—The annual congres5 sional budget justification shall include a detailed itemized 

6 request in support of the contribution of the United States 

7 to the regular budget of the United Nations. 

8 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

9 detailed itemization required under subsection (a) shall— 

10 (1) contain information relating to the amounts 

11 requested in support of each of the various sections 

12 and titles of the regular budget of the United Na13 tions; and 

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

17 for the same sections and titles. 

18 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

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

21 such adjustment is presented to the Advisory Committee 

22 on Administrative and Budgetary Questions (ACABQ), 

23 notify and consult with the appropriate congressional com24 mittees. 

mstockstill on PROD1PC66 with BILLS

10 

•HR 557 IH

1 TITLE II—TRANSPARENCY AND 

2 ACCOUNTABILITY FOR 

3 UNITED STATES CONTRIBU4 TIONS TO THE UNITED NA5 TIONS 

6 SEC. 201. FINDINGS. 

7 The Congress makes the following findings: 

8 (1) As underscored by continuing revelations of 

9 waste, fraud, and abuse, oversight and account10 ability mechanisms within the United Nations sys11 tem remain significantly deficient, despite decades of 

12 reform attempts, including those initiated by Secre13 taries-General of the United Nations. 

14 (2) Notwithstanding the personal intentions of 

15 any Secretary General of the United Nations to pro16 mote institutional transparency and accountability 

17 within the United Nations System, the Secretary 

18 General lacks the power to impose far reaching man19 agement reforms without the concurrence of the 

20 General Assembly. 

21 (3) Groupings of Member States whose voting 

22 power in the General Assembly significantly out23 paces their proportional contributions to the United 

24 Nations system have repeatedly and successfully de25 feated, delayed, and diluted various reform proposals 

mstockstill on PROD1PC66 with BILLS

11 

•HR 557 IH

1 that would have enabled more detailed oversight and 

2 scrutiny of United Nations system operations and 

3 expenditures. 

4 (4) To an unacceptable degree, major donor 

5 states, including the United States, lack access to 

6 reasonably detailed, reliable information that would 

7 allow them to determine how their contributions 

8 have been spent by various United Nations system 

9 entities, further contributing to the lack of account10 ability within the United Nations system. 

11 SEC. 202. DEFINITIONS. 

12 In this title: 

13 (1) UNITED NATIONS ENTITY.—The term 

14 ‘‘United Nations Entity’’ means any United Nations 

15 agency, commission, conference, council, court, de16 partment, forum, fund, institute, office, organiza17 tion, partnership, program, subsidiary body, tri18 bunal, trust, university or academic body, related or19 ganization or subsidiary body, wherever located, that 

20 flies the United Nations flag or is authorized to use 

21 the United Nations logo, including but not limited to 

22 those United Nations affiliated agencies and bodies 

23 identified as recipients of United States contribu24 tions under section 1225(b)(3)(E) of the John Warmstockstill on PROD1PC66 with BILLS

12 

•HR 557 IH

1 ner National Defense Authorization Act for Fiscal 

2 Year 2007 (Public Law 109–364). 

3 (2) UNITED NATIONS SYSTEM.—The term 

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

5 all United Nations Entities, as defined in paragraph 

6 (1). 

7 (3) UNITED STATES CONTRIBUTION.—The term 

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

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

10 otherwise, from the United States Federal Govern11 ment to a United Nations Entity, including con12 tributions passed through other entities for ultimate 

13 use by a United Nations Entity. United States Con14 tributions include, but are not limited to, those con15 tributions identified pursuant to section 

16 1225(b)(3)(E) of the John Warner National Defense 

17 Authorization Act for Fiscal Year 2007 (Public Law 

18 109–364). 

19 (4) TRANSPARENCY CERTIFICATION.—The term 

20 ‘‘Transparency Certification’’ means an annual, 

21 written affirmation by the head or authorized des22 ignee of a United Nations Entity that the Entity will 

23 cooperate with the Inspector General, including by 

24 providing the Inspector General, upon request, with 

mstockstill on PROD1PC66 with BILLS

13 

•HR 557 IH

1 full access to Oversight Information as defined in 

2 this title. 

3 (5) OVERSIGHT INFORMATION.—The term 

4 ‘‘Oversight Information’’ includes— 

5 (A) internally and externally commissioned 

6 audits, program reviews, performance reports, 

7 and evaluations; 

8 (B) financial statements, records, and bill9 ing systems; 

10 (C) program budgets and program budget 

11 implications, including revised estimates and re12 ports produced by or provided to the Secretary 

13 General and the Secretary General’s agents on 

14 budget related matters; 

15 (D) operational plans, budgets, and budg16 etary analyses for peacekeeping operations; 

17 (E) analyses and reports regarding the 

18 scale of assessments; 

19 (F) databases and other data systems con20 taining financial or programmatic information; 

21 (G) documents or other records alleging or 

22 involving improper use of resources, mis23 conduct, mismanagement, or other violations of 

24 rules and regulations applicable to the United 

25 Nations Entity; and 

mstockstill on PROD1PC66 with BILLS

14 

•HR 557 IH

1 (H) other documentation relevant to the 

2 audit and investigative work of the United 

3 States Inspector General for Contributions to 

4 the United Nations System. 

5 SEC. 203. ESTABLISHMENT AND MANAGEMENT OF THE OF6 FICE OF THE UNITED STATES INSPECTOR 

7 GENERAL FOR CONTRIBUTIONS TO THE 

8 UNITED NATIONS SYSTEM. 

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

10 make possible the independent and objective conduct of 

11 audits and investigations relating to United States Con12 tributions to the United Nations System and the use of 

13 those contributions by United Nations Entities, in an ef14 fort to eliminate and deter waste, fraud, and abuse in the 

15 use of those contributions, and thereby to contribute to 

16 the development of greater transparency, accountability, 

17 and internal controls throughout the United Nations Sys18 tem. 

19 (b) ESTABLISHMENT.—There is hereby established 

20 the Office of the United States Inspector General for Con21 tributions to the United Nations System. 

22 (c) INSPECTOR GENERAL.— 

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

24 the United States Inspector General for Contribu25 tions to the United Nations System is the Inspector 

mstockstill on PROD1PC66 with BILLS

15 

•HR 557 IH

1 General for Contributions to the United Nations 

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

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

4 the basis of integrity and demonstrated ability in ac5 counting, auditing, financial analysis, law, manage6 ment analysis, public administration, or investiga7 tions. 

8 (2) NOMINATION.—The nomination of an indi9 vidual as Inspector General shall be made not later 

10 than 30 days after the enactment of this Act. 

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

12 removed from office by the President. The President 

13 shall communicate the reasons for any such removal 

14 to both Houses of Congress. 

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

16 pay of the Inspector General shall be the annual rate 

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

18 Executive Schedule under section 5315 of title 5, 

19 United States Code. 

20 (5) RELATIONSHIP TO BOARD.— 

21 (A) Except as provided in subparagraph 

22 (B), the Inspector General shall report directly 

23 to and be under the general supervision of, the 

24 Board of Directors created in subsection (d). 

mstockstill on PROD1PC66 with BILLS

16 

•HR 557 IH

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

2 Board, nor any officer of a federal department 

3 or agency shall prevent or prohibit the Inspec4 tor General from initiating, carrying out, or 

5 completing any audit or investigation. 

6 (6) DUTIES.— 

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

8 General to conduct, supervise, and coordinate 

9 audits and investigations of— 

10 (i) the treatment, handling, expendi11 ture, and use of United States Contribu12 tions by and to United Nations Entities; 

13 and 

14 (ii) the adequacy of accounting, over15 sight, and internal control mechanisms at 

16 United Nations Entities that receive 

17 United States Contributions. 

18 (B) The Inspector General shall establish, 

19 maintain, and oversee such systems, procedures, 

20 and controls as the Inspector General considers 

21 appropriate to discharge the duty under sub22 paragraph (A). 

23 (C) The Inspector General shall carry out 

24 the duties specified in subparagraphs (A) and 

mstockstill on PROD1PC66 with BILLS

17 

•HR 557 IH

1 (B) in accordance with section 4(b)(1) of the 

2 Inspector General Act of 1978. 

3 (D) The Inspector General shall collect 

4 and maintain current records regarding Trans5 parency Certifications by all United Nations 

6 Entities that receive United States Contribu7 tions. 

8 (E) The Inspector General shall keep the 

9 Board of Directors and the Congress fully and 

10 promptly informed of how United Nations Enti11 ties are spending United States Contributions 

12 by means of reports, testimony, and briefings. 

13 (F) REFERRALS.— 

14 (i) The Inspector General shall 

15 promptly report to the United States At16 torney General when Inspector General has 

17 reasonable grounds to believe a United 

18 States Federal criminal law has been vio19 lated by a United Nations Entity or one of 

20 its employees, contractors, or representa21 tives. 

22 (ii) The Inspector General shall 

23 promptly report, when appropriate, to the 

24 Secretary General or the head of the ap25 propriate United Nations Entity cases 

mstockstill on PROD1PC66 with BILLS

18 

•HR 557 IH

1 where the Inspector General reasonably be2 lieves that mismanagement, misfeasance, 

3 or malfeasance is likely to have taken place 

4 within a United Nations Entity and dis5 ciplinary proceedings are likely justified. 

6 (7) PERSONNEL, FACILITIES, AND OTHER RE7 SOURCES.— 

8 (A) The Inspector General may select, ap9 point, and employ such officers and employees 

10 as may be necessary for carrying out the duties 

11 of the Inspector General. 

12 (B) The inspector general may obtain serv13 ices as authorized by section 3109 of title 5, 

14 United States Code, at daily rates not to exceed 

15 the equivalent rate prescribed for grade GS–15 

16 of the General Schedule by section 5332 of such 

17 title. 

18 (C) The Inspector General may lease, pur19 chase, or otherwise acquire, improve, and use 

20 such real property wherever situated, as may be 

21 necessary for carrying out this section. 

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

23 may be provided in advance by appropriations 

24 Acts, the Inspector General my enter into con25 tracts and other arrangements for audits, studmstockstill on PROD1PC66 with BILLS

19 

•HR 557 IH

1 ies, analyses, and other services with public 

2 agencies and with private persons, and make 

3 such payments as may be necessary to carry 

4 out the duties of the Inspector General. 

5 (E) Upon request by the Inspector Gen6 eral, the head of an agency may detail any em7 ployee of such agency to the Office of the 

8 United States Inspector General for Contribu9 tions to the United Nations System on a reim10 bursable basis. Any employee so detailed re11 mains, for the purpose of preserving such em12 ployee’s allowances, privileges, rights, seniority, 

13 and other benefits, an employee of the agency 

14 from which detailed. 

15 (8) COOPERATION BY UNITED STATES GOVERN16 MENT ENTITIES.— 

17 (A) In carrying out the duties, responsibil18 ities, and authorities of the Inspector General 

19 under this section, the Inspector General shall 

20 receive the cooperation of inspectors general of 

21 other Federal Government agencies. 

22 (B) Upon request of the Inspector General 

23 for information or assistance from any depart24 ment, agency, or other entity of the Federal 

25 Government, the head of such entity shall, insomstockstill on PROD1PC66 with BILLS

20 

•HR 557 IH

1 far as is practicable and not in contravention of 

2 any existing law, furnish such information or 

3 assistance to the Inspector General, or an au4 thorized designee. 

5 (C) Whenever information or assistance re6 quested by the Inspector General is, in the 

7 judgment of the Inspector General, unreason8 ably refused or not provided, the Inspector Gen9 eral shall report the circumstances to the Board 

10 of Directors and to the Appropriate Congres11 sional Committees without delay. 

12 (9) CONFIRMATION OF TRANSPARENCY BY

13 UNITED NATIONS ENTITIES.— 

14 (A) PROMPT NOTICE BY INSPECTOR GEN15 ERAL.—Whenever information or assistance re16 quested from a United Nations Entity by the 

17 Inspector General pursuant to a Transparency 

18 Certification is, in the opinion of the Inspector 

19 General, unreasonably refused or not provided 

20 in a timely manner, the Inspector General shall 

21 notify the Board of Directors, the head of that 

22 particular United Nations Entity, and the Sec23 retary General of the circumstances in writing, 

24 without delay. 

mstockstill on PROD1PC66 with BILLS

21 

•HR 557 IH

1 (B) NOTICE OF COMPLIANCE.—If and 

2 when the information or assistance being 

3 sought by the Inspector General in connection 

4 with a notification pursuant to subparagraph 

5 (A) is provided to the satisfaction of the Inspec6 tor General, the Inspector General shall so no7 tify in writing the United Nations Entity, the 

8 Board of Directors, and the Appropriate Con9 gressional Committees. 

10 (C) NONCOMPLIANCE.—If the information 

11 or assistance being sought by the Inspector 

12 General in connection with a notification pursu13 ant to subparagraph (A) is not provided to the 

14 satisfaction of the Inspector General within 90 

15 days of that notification, then the United Na16 tions Entity that is the subject of the notifica17 tion is deemed to be noncompliant with its 

18 Transparency Certification, and the Inspector 

19 General shall provide prompt, written notifica20 tion of that fact to the Board of Directors, Ap21 propriate Congressional Committees, the head 

22 of that United Nations Entity, the Secretary 

23 General, and any office or agency of the Fed24 eral Government that has provided that United 

mstockstill on PROD1PC66 with BILLS

22 

•HR 557 IH

1 Nations Entity with any United States Con2 tribution during the prior 2 years. 

3 (D) RESTORATION OF COMPLIANCE.— 

4 After the situation has been resolved to the sat5 isfaction of the Board of Directors, a finding of 

6 Transparency Certification noncompliance pur7 suant to subparagraph (B) may be reversed by 

8 an affirmative vote of at least 5 of the 7 mem9 bers of the Board of Directors. The Board shall 

10 promptly provide notification of such restora11 tion, along with a description of the basis for 

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

13 Appropriate Congressional Committees, the 

14 head of the affected United Nations Entity, the 

15 Secretary General, and the head of any office or 

16 agency of the Federal Government that has 

17 provided that United Nations Entity with any 

18 United States Contribution during the prior 2 

19 years. 

20 (E) COST REIMBURSEMENT.—The Inspec21 tor General may reimburse United Nations En22 tities for the reasonable cost of providing to the 

23 Inspector General information or assistance 

24 sought pursuant to a Transparency Certifimstockstill on PROD1PC66 with BILLS

23 

•HR 557 IH

1 cation for the purpose of performing the duties 

2 described in paragraph (6). 

3 (10) REPORTS.— 

4 (A) AUDIT AND INVESTIGATION RE5 PORTS.—Promptly upon completion, the Inspec6 tor General shall provide copies of each audit 

7 and investigation report completed pursuant to 

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

9 Appropriate Congressional Committees, and, to 

10 the extent permissible under United States law, 

11 the head of each United Nations Entity that is 

12 the subject of that particular report. 

13 (B) SEMIANNUAL REPORTS.—Not later 

14 than May 30, 2010, and semiannually there15 after, the Inspector General shall submit to the 

16 Appropriate Congressional Committees a report 

17 that, among other things— 

18 (i) meets the requirements of section 

19 5 of the Inspector General Act of 1978; 

20 and 

21 (ii) includes a list of and detailed de22 scription of the circumstances surrounding 

23 any notification of noncompliance issued 

24 pursuant to paragraph (9)(C) during the 

25 covered timeframe, and whether and when 

mstockstill on PROD1PC66 with BILLS

24 

•HR 557 IH

1 Board of Directors has reversed such find2 ing of noncompliance. 

3 (C) PROHIBITED DISCLOSURES.—Nothing 

4 in this subsection shall be construed to author5 ize the public disclosure of information that 

6 is— 

7 (i) specifically prohibited from disclo8 sure by any other provision of law; 

9 (ii) specifically required by Executive 

10 order to be protected from disclosure in 

11 the interest of national defense or national 

12 security or in the conduct of foreign af13 fairs; or 

14 (iii) a part of an ongoing criminal in15 vestigation. 

16 (D) PRIVACY PROTECTIONS.—The Inspec17 tor General shall exempt from public disclosure 

18 information received from a United Nations 

19 Entity or developed during an audit or inves20 tigation that the Inspector General believes— 

21 (i) constitutes a trade secret or privi22 leged and confidential personal financial 

23 information; 

24 (ii) accuses a particular person of a 

25 crime; 

mstockstill on PROD1PC66 with BILLS

25 

•HR 557 IH

1 (iii) would, if publicly disclosed, con2 stitute a clearly unwarranted invasion of 

3 personal privacy; and 

4 (iv) would compromise an ongoing law 

5 enforcement investigation or judicial trial 

6 in the United States. 

7 (E) PUBLICATION.—Subject only to the 

8 exceptions detailed in subparagraphs (C) and 

9 (D), the Inspector General shall promptly pub10 lish each report under this subsection on a pub11 licly available and searchable Internet website. 

12 (d) BOARD OF DIRECTORS.— 

13 (1) ESTABLISHMENT.—The Office of the 

14 United States Inspector General for Contributions to 

15 the United Nations System shall have a Board of 

16 Directors. 

17 (2) DUTIES.—The Board shall receive informa18 tion and reports of audits and investigations from 

19 the Office and the Inspector General, provide gen20 eral direction and supervision to the Office and the 

21 Inspector General, and determine the restoration of 

22 compliance by any United Nations Entity with its 

23 Transparency Certification pursuant to subsection 

24 (c)(9)(D). 

mstockstill on PROD1PC66 with BILLS

26 

•HR 557 IH

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

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

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

4 the Secretary of Agriculture (or the Secretary’s des5 ignee), the Secretary of Defense (or the Secretary’s 

6 designee), the Administrator of the Environmental 

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

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

9 designee), and the Director of the Office of Manage10 ment and Budget (or the Director’s designee). 

11 (4) CHAIRMANSHIP.—The Board shall be 

12 chaired by a board member, and the chairmanship 

13 shall rotate among the member departments and 

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

15 the Director or designee from the Office of Manage16 ment and Budget. 

17 SEC. 204. TRANSPARENCY FOR UNITED STATES CONTRIBU18 TIONS. 

19 (a) FUNDING PREREQUISITES.—Notwithstanding 

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

21 use as a United States Contribution to any United Na22 tions Entity may be obligated or expended if— 

23 (1) the intended United Nations Entity recipi24 ent has not provided to the Inspector General within 

mstockstill on PROD1PC66 with BILLS

27 

•HR 557 IH

1 the preceding year a Transparency Certification as 

2 defined in section 202(4); or 

3 (2) the intended United Nations Entity recipi4 ent is noncompliant with its Transparency Certifi5 cation as described in section 203(c)(9)(C). 

6 (b) TREATMENT OF FUNDS WITHHELD FOR NON7 COMPLIANCE.—At the conclusion of each fiscal year, any 

8 funds that had been appropriated for use as a United 

9 States Contribution to a United Nations Entity during 

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

11 because of the restrictions of paragraph (1), shall be re12 turned to the United States Treasury, and are not subject 

13 to reprogramming for any other use. Any such funds re14 turned to the Treasury shall not be considered arrears to 

15 be repaid to any United Nations Entity. 

16 (c) PRESIDENTIAL WAIVER.—The President may 

17 waive the limitations of this subsection with respect to a 

18 particular United States Contribution to a particular 

19 United Nations Entity within a single fiscal year if the 

20 President determines that it is required by the national 

21 security interests of the United States and provides notifi22 cation and explanation of that determination to the Appro23 priate Congressional Committees. 

mstockstill on PROD1PC66 with BILLS

28 

•HR 557 IH

1 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

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

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

5 percent of the total amount of all assessed and voluntary 

6 contributions of the United States Government to the 

7 United Nations and United Nations affiliated agencies 

8 and related bodies during the prior fiscal year, as identi9 fied pursuant to section 1225(b)(3)(E) of the John War10 ner National Defense Authorization Act for Fiscal Year 

11 2007 (Public Law 109–364). 

12 TITLE III—UNITED STATES POL13 ICY AT THE UNITED NATIONS 

14 SEC. 301. ANNUAL PUBLICATION. 

15 The President shall direct the United States Perma16 nent Representative to the United Nations to use the 

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

18 United Nations to ensure the United Nations publishes 

19 annually, including on a publicly searchable internet 

20 website, a list of all United Nations subsidiary bodies and 

21 their functions, budgets, staff, and contributions, both vol22 untary and assessed, sorted by donor. 

23 SEC. 302. ANNUAL FINANCIAL DISCLOSURE. 

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

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

mstockstill on PROD1PC66 with BILLS

29 

•HR 557 IH

1 United Nations to implement a system for the required 

2 filing of individual annual financial disclosure forms by 

3 each employee of the United Nations and its specialized 

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

5 which shall be made available to the Office of Internal 

6 Oversight Services and, upon request, to Member States 

7 and their public. 

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

9 SECURITY COUNCIL. 

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

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

12 United Nations to oppose any proposals on expansion of 

13 the Security Council if such expansion would— 

14 (1) diminish the influence of the United States 

15 on the Security Council; 

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

17 the Security Council; or 

18 (3) undermine the effectiveness of the Security 

19 Council. 

20 SEC. 304. ACCESS TO REPORTS AND AUDITS. 

21 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 ensure that Member States may, upon 

mstockstill on PROD1PC66 with BILLS

30 

•HR 557 IH

1 request, have access to all reports and audits completed 

2 by the Board of External Auditors. 

3 SEC. 305. WAIVER OF IMMUNITY. 

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

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

7 United Nations to ensure that the Secretary General exer8 cises the right and duty of the Secretary General under 

9 section 20 of the Convention on the Privileges and Immu10 nities of the United Nations to waive the immunity of any 

11 United Nations official in any case in which such immu12 nity would impede the course of justice. In exercising such 

13 waiver, the Secretary General is urged to interpret the in14 terests of the United Nations as favoring the investigation 

15 or prosecution of a United Nations official who is credibly 

16 under investigation for having committed a serious crimi17 nal offense or who is credibly charged with a serious crimi18 nal offense. 

19 SEC. 306. TERRORISM AND THE UNITED NATIONS. 

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

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

23 United Nations to work toward adoption by the general 

24 assembly of— 

25 (1) a definition of terrorism that— 

mstockstill on PROD1PC66 with BILLS

31 

•HR 557 IH

1 (A) builds upon the recommendations of 

2 the December 2004 report of the High-Level 

3 Panel on Threats, Challenges, and Change; 

4 (B) includes as an essential component of 

5 such definition any action that is intended to 

6 cause death or serious bodily harm to civilians 

7 with the purpose of intimidating a population 

8 or compelling a government or an international 

9 organization to do, or abstain from doing, any 

10 act; and 

11 (C) does not propose a legal or moral 

12 equivalence between an action described in 

13 paragraph (1)(B) and measures taken by a gov14 ernment or international organization in self-de15 fense against an action described in paragraph 

16 (1)(B); and 

17 (2) a comprehensive convention on terrorism 

18 that includes the definition described in paragraph 

19 (1). 

20 SEC. 307. 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 for each 

23 of the next 3 years, the Secretary shall submit to the ap24 propriate congressional committees a report on United 

25 Nations reform. 

mstockstill on PROD1PC66 with BILLS

32 

•HR 557 IH

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

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 above, 

6 and a 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 manage15 ment reforms within the United Nations and its spe16 cialized 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 March 2005 

24 report of the Secretary General entitled ‘‘In larger 

mstockstill on PROD1PC66 with BILLS

33 

•HR 557 IH

1 freedom: towards development, security and human 

2 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; 

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; and 

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 SEC. 308. REPORT ON UNITED NATIONS PERSONNEL. 

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

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

20 shall submit to the appropriate congressional committees 

21 a report— 

22 (1) concerning the progress of the General As23 sembly to modernize human resource practices, con24 sistent with the March 2005 report of the Secretary 

mstockstill on PROD1PC66 with BILLS

34 

•HR 557 IH

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

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

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

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

8 evaluation of— 

9 (A) tenure; 

10 (B) performance reviews; 

11 (C) the promotion system; 

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

14 employment of employees; and 

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

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

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

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

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

mstockstill on PROD1PC66 with BILLS

35 

•HR 557 IH

1 and officials assigned to the mission of a member 

2 state to the united nations from transferring to a 

3 position within the United Nations Secretariat that 

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

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

7 with respect to accommodations and airline flights; 

8 and 

9 (6) an evaluation of the recommendations of the 

10 Secretary General relating to greater flexibility for 

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

13 SEC. 309. WITHHOLDING OF UNITED STATES CONTRIBU14 TIONS TO UNRWA. 

15 (a) WITHHOLDING.—Contributions by the United 

16 States to the regular budget of the United Nations Relief 

17 and Works Agency for Palestine Refugees in the Near 

18 East (UNRWA), to any successor or related entity, or to 

19 the regular budget of the United Nations for the support 

20 of UNRWA or a successor entity (through staff positions 

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

22 may be provided only during a period for which a certifi23 cation described in subsection (b) is in effect. 

24 (b) CERTIFICATION.—A certification described in this 

25 paragraph is a written determination by the Secretary, 

mstockstill on PROD1PC66 with BILLS

36 

•HR 557 IH

1 based on all information available after diligent inquiry, 

2 and transmitted to the Appropriate Congressional Com3 mittees along with a detailed description of the factual 

4 basis therefor, that— 

5 (1) no official, employee, consultant, contractor, 

6 subcontractor, representative, or affiliate of 

7 UNRWA— 

8 (A) is a member of a foreign terrorist or9 ganization; 

10 (B) has propagated, disseminated, or in11 cited anti-American, anti-Israel, or anti-Semitic 

12 rhetoric or propaganda; or 

13 (C) has used any UNRWA resources, in14 cluding publications or websites, to propagate 

15 or disseminate political materials, including po16 litical rhetoric regarding the Israeli-Palestinian 

17 conflict; 

18 (2) no UNRWA school, hospital, clinic, other 

19 facility, or other infrastructure or resource is being 

20 used by a foreign terrorist organization for oper21 ations, planning, training, recruitment, fundraising, 

22 indoctrination, communications, sanctuary, storage 

23 of weapons or other materials, or any other pur24 poses; 

mstockstill on PROD1PC66 with BILLS

37 

•HR 557 IH

1 (3) UNRWA is subject to comprehensive finan2 cial audits by an internationally recognized third 

3 party independent auditing firm and has imple4 mented an effective system of vetting and oversight 

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

6 UNRWA resources by any foreign terrorist organiza7 tion or members thereof; 

8 (4) no UNRWA-funded school or educational 

9 institution uses textbooks or other educational mate10 rials that propagate or disseminate anti-American, 

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

12 incitement; and 

13 (5) no recipient of UNRWA funds or loans is 

14 a member of a foreign terrorist organization. 

15 (c) DEFINITION.—In this section, the term ‘‘foreign 

16 terrorist organization’’ means an organization designated 

17 as a foreign terrorist organization by the Secretary of 

18 State in accordance with section 219(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 1189(a)). 

20 (d) EFFECTIVE DURATION OF CERTIFICATION.—The 

21 certification described in subsection (b) shall be effective 

22 for a period of 180 days from the date of transmission 

23 to the Appropriate Congressional Committees, or until the 

24 Secretary receives information rendering that certification 

25 factually inaccurate, whichever is earliest. In the event 

mstockstill on PROD1PC66 with BILLS

38 

•HR 557 IH

1 that a certification becomes ineffective, the Secretary shall 

2 promptly transmit to the Appropriate Congressional Com3 mittees a description of any information that precludes the 

4 renewal or continuation of the certification. 

5 (e) LIMITATION.—During a period for which a certifi6 cation described in subsection (b) is in effect, the United 

7 States may not contribute to the United Nations Relief 

8 and Works Agency for Palestine Refugees in the Near 

9 East (UNRWA) or a successor entity an annual amount— 

10 (1) greater than the highest annual contribu11 tion to UNRWA made by a member country of the 

12 League of Arab States; 

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

14 budget, exceeds the proportion of the total budget 

15 for the United Nations High Commissioner for Ref16 ugees (UNHCR) paid by the United States; or 

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

18 of UNRWA. 

19 (f) SENSE OF CONGRESS.—It is the sense of Con20 gress that, in order to alleviate the suffering of Palestinian 

21 refugees, responsibility for those refugees should be fully 

22 transferred to the Office of the United Nations High Com23 missioner for Refugees. 

mstockstill on PROD1PC66 with BILLS

39 

•HR 557 IH

1 SEC. 310. UNITED NATIONS TREATY BODIES. 

2 The United States shall withhold from United States 

3 contributions to the regular assessed budget of the United 

4 Nations for a biennial period amounts that are propor5 tional to the percentage of such budget that are expended 

6 with respect to a United Nations human rights treaty 

7 monitoring body or committee that was established by— 

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

9 international covenant (without any protocols) to 

10 which the United States is not party; or 

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

12 the United States is a party to neither. 

13 SEC. 311. EQUALITY AT THE UNITED NATIONS. 

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

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

17 and funding with respect to Palestinian interests 

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

20 180 days after the date of the enactment of this 

21 Act— 

22 (A) complete an audit of the functions of 

23 the entities listed in paragraph (2); and 

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

26 findings and conclusions, and recommendations 

mstockstill on PROD1PC66 with BILLS

40 

•HR 557 IH

1 for the elimination of such duplicative entities 

2 and efforts. 

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

4 paragraph (1) are the following: 

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

7 (B) The Committee on the Exercise of the 

8 Inalienable Rights of the Palestinian People. 

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

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

14 (D) The NGO Network on the Question of 

15 Palestine. 

16 (E) The Special Committee to Investigate 

17 Israeli Practices Affecting the Human Rights of 

18 the Palestinian People and Other Arabs of the 

19 Occupied Territories. 

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

22 or fails to ensure balance in the approach to 

23 Israeli-Palestinian issues. 

24 (b) IMPLEMENTATION BY PERMANENT REPRESENTA25 TIVE.— 

mstockstill on PROD1PC66 with BILLS

41 

•HR 557 IH

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

2 the United States Permanent Representative to the 

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

4 of the United States at the United Nations to seek 

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

7 (a)(1)(B). 

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

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

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

14 expended for such entities. 

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

16 United States of the Government Accountability Office 

17 shall conduct an audit of— 

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

20 under subsection (a)(1)(B); and 

21 (2) United States actions and achievements 

22 under subsection (b). 

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

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

mstockstill on PROD1PC66 with BILLS

42 

•HR 557 IH

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

3 (1) ensure the issuance and implementation of 

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

6 (A) requires all employees of the United 

7 Nations and its specialized agencies to officially 

8 and publicly condemn anti-Semitic statements 

9 made at any session of the United Nations or 

10 its specialized agencies, or at any other session 

11 sponsored by the United Nations; 

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

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

17 (C) proposes specific recommendations to 

18 the General Assembly for the establishment of 

19 mechanisms to hold accountable employees and 

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

22 States, that make such anti-Semitic statements 

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

mstockstill on PROD1PC66 with BILLS

43 

•HR 557 IH

1 (D) continues to develop and implements 

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

4 as part of an effort to combat intolerance and 

5 hatred; and 

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

8 (OHCHR) to develop programming and other 

9 measures that address anti-Semitism; 

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

11 General Assembly that establishes the mechanisms 

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

13 (3) continue working toward further reduction 

14 of anti-Semitic language and anti-Israel resolutions 

15 in the United Nations and its specialized agencies, 

16 programs, and funds. 

17 SEC. 313. REGIONAL GROUP INCLUSION OF ISRAEL. 

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

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

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

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

mstockstill on PROD1PC66 with BILLS

44 

•HR 557 IH

1 TITLE IV—UNITED NATIONS 

2 HUMAN RIGHTS COUNCIL 

3 SEC. 401. FINDINGS. 

4 The Congress makes the following findings: 

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

6 Nations Human Rights Council has failed to mean7 ingfully promote the protection of internationally 

8 recognized human rights, and has proven to be even 

9 more problematic than the United Nations Human 

10 Rights Commission that it was created to replace. 

11 (2) The United Nations Human Rights Council 

12 suffers from significant structural flaws, such as the 

13 fact that it draws its members from the General As14 sembly without any substantive membership criteria, 

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

16 worst human rights abusers are members of the 

17 council. 

18 (3) The structure and composition of the 

19 United Nations Human Rights Council have made it 

20 subject to gross political manipulation, with the re21 sult that, during its two and one-half years of oper22 ation, the Council has passed 20 resolutions cen23 suring the democratic state of Israel, as compared to 

24 only 4 censuring the dictatorship in Burma, just one 

25 censuring the North Korean regime, and none conmstockstill on PROD1PC66 with BILLS

45 

•HR 557 IH

1 demning the severe, ongoing human rights abuses in 

2 Sudan, China, Cuba, Zimbabwe, Belarus, and else3 where. 

4 SEC. 402. HUMAN RIGHTS COUNCIL MEMBERSHIP AND 

5 FUNDING. 

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

7 subsequent to the effective date of this Act, until the Sec8 retary of State submits to Congress a certification that 

9 the requirements described in subsection (b) have been 

10 satisfied— 

11 (1) the Secretary of State shall withhold from 

12 a United States contribution each fiscal year to a 

13 regularly assessed biennial budget of the United Na14 tions an amount that is equal to the percentage of 

15 such contribution that the Secretary determines 

16 would be allocated by the United Nations to support 

17 the United Nations Human Rights Council; 

18 (2) the Secretary of State shall not make a vol19 untary contribution to the United Nations Human 

20 Rights Council; and 

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

22 on the United Nations Human Rights Council. 

23 (b) CERTIFICATION.—The annual certification re24 ferred to in subsection (a) is a certification made by the 

mstockstill on PROD1PC66 with BILLS

46 

•HR 557 IH

1 Secretary to Congress that the United Nations Human 

2 Rights Council does not include a Member State— 

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

4 (2) under a Security Council-mandated inves5 tigation for human rights abuses; 

6 (3) subject, within the prior 5 years, to a coun7 try-specific resolution passed under Agenda Item 9 

8 by the former United Nations Human Rights Com9 mission; 

10 (4) which the Secretary of State has deter11 mined, for purposes of section 6(j) of the Export Ad12 ministration Act of 1979 (as continued in effect pur13 suant to the International Emergency Economic 

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

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

16 1961, or other provision of law, is a government that 

17 has repeatedly provided support for acts of inter18 national terrorism; or 

19 (5) which the President has designated as a 

20 country of particular concern for religious freedom 

21 under section 402(b) of the International Religious 

22 Freedom Act of 1998. 

mstockstill on PROD1PC66 with BILLS

47 

•HR 557 IH

1 TITLE V—INTERNATIONAL 

2 ATOMIC ENERGY AGENCY 

3 SEC. 501. INTERNATIONAL ATOMIC ENERGY AGENCY. 

4 (a) ENFORCEMENT AND COMPLIANCE.— 

5 (1) OFFICE OF COMPLIANCE.— 

6 (A) ESTABLISHMENT.—The President 

7 shall direct the United States Permanent Rep8 resentative to International Atomic Energy 

9 Agency (IAEA) to use the voice, vote, and influ10 ence of the United States at the IAEA to estab11 lish an Office of Compliance in the Secretariat 

12 of the IAEA. 

13 (B) OPERATION.—The Office of Compli14 ance shall— 

15 (i) function as an independent body 

16 composed of technical experts who shall 

17 work in consultation with IAEA inspectors 

18 to assess compliance by IAEA Member 

19 States and provide recommendations to the 

20 IAEA Board of Governors concerning pen21 alties to be imposed on IAEA Member 

22 States that fail to fulfill their obligations 

23 under IAEA Board resolutions; 

mstockstill on PROD1PC66 with BILLS

48 

•HR 557 IH

1 (ii) base its assessments and rec2 ommendations on IAEA inspection reports; 

3 and 

4 (iii) take into consideration informa5 tion provided by IAEA Board Members 

6 that are 1 of the 5 nuclear weapons states 

7 as recognized by the Treaty on the Non8 Proliferation of Nuclear Weapons (21 UST 

9 483) (commonly referred to as the ‘‘Nu10 clear Nonproliferation Treaty’’ or the 

11 ‘‘NPT’’). 

12 (C) STAFFING.—The Office of Compliance 

13 shall be staffed from existing personnel in the 

14 Department of Safeguards of the IAEA or the 

15 Department of Nuclear Safety and Security of 

16 the IAEA. 

17 (2) COMMITTEE ON SAFEGUARDS AND

18 VERIFICATION.—The President shall direct the 

19 United States Permanent Representative to the 

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

21 United States at the IAEA to ensure that the Com22 mittee on Safeguards and Verification established in 

23 2005 shall develop and seek to put into force a 

24 workplan of concrete measures that will— 

mstockstill on PROD1PC66 with BILLS

49 

•HR 557 IH

1 (A) improve the ability of the IAEA to 

2 monitor and enforce compliance by Member 

3 States of the IAEA with the Nuclear Non4 proliferation Treaty and the Statute of the 

5 International Atomic Energy Agency; and 

6 (B) enhance the ability of the IAEA, be7 yond the verification mechanisms and authori8 ties contained in the Additional Protocol to the 

9 Safeguards Agreements between the IAEA and 

10 Member States of the IAEA, to detect with a 

11 high degree of confidence undeclared nuclear 

12 activities by a Member State. 

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

14 (A) IN GENERAL.—The President shall di15 rect the United States Permanent Representa16 tive to the IAEA to use the voice, vote, and in17 fluence of the United States at the IAEA to en18 sure that a Member State of the IAEA that is 

19 under investigation for a breach of or non20 compliance with its IAEA obligations or the 

21 purposes and principles of the Charter of the 

22 United Nations has its privileges suspended, in23 cluding— 

24 (i) limiting its ability to vote on its 

25 case; 

mstockstill on PROD1PC66 with BILLS

50 

•HR 557 IH

1 (ii) being prevented from receiving 

2 any technical assistance; and 

3 (iii) being prevented from hosting 

4 meetings. 

5 (B) TERMINATION OF PENALTIES.—The 

6 penalties specified under subparagraph (A) 

7 shall be terminated when such investigation is 

8 concluded and such Member State is no longer 

9 in such breach or noncompliance. 

10 (4) PENALTIES WITH RESPECT TO THE NU11 CLEAR NONPROLIFERATION TREATY.—The Presi12 dent shall direct the United States Permanent Rep13 resentative to the IAEA to use the voice, vote, and 

14 influence of the United States at the IAEA to en15 sure that a Member State of the IAEA that is found 

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

17 withdrawn from the Nuclear Nonproliferation Treaty 

18 shall return to the IAEA all nuclear materials and 

19 technology received from the IAEA, any Member 

20 State of the IAEA, or any Member State of the Nu21 clear Nonproliferation Treaty. 

22 (b) UNITED STATES CONTRIBUTIONS.— 

23 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

24 contributions of the United States to the IAEA 

25 should primarily be used to fund activities relating 

mstockstill on PROD1PC66 with BILLS

51 

•HR 557 IH

1 to Nuclear Safety and Security or activities relating 

2 to Nuclear Verification. 

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

4 President shall direct the United States Permanent 

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

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

7 (A) ensure that funds for safeguards in8 spections are prioritized for countries that have 

9 newly established nuclear programs or are initi10 ating nuclear programs; and 

11 (B) block the allocation of funds for any 

12 other IAEA development, environmental, or nu13 clear science assistance or activity to a coun14 try— 

15 (i) the government of which the Sec16 retary of State has determined, for pur17 poses of section 6(j) of the Export Admin18 istration Act of 1979, section 620A of the 

19 Foreign Assistance Act of 1961, section 40 

20 of the Arms Export Control Act, or other 

21 provision of law, is a government that has 

22 repeatedly provided support for acts of 

23 international terrorism and the government 

24 of which the Secretary has determined has 

25 not dismantled and surrendered its weapmstockstill on PROD1PC66 with BILLS

52 

•HR 557 IH

1 ons of mass destruction programs under 

2 international verification; 

3 (ii) that is under investigation for a 

4 breach of or noncompliance with its IAEA 

5 obligations or the purposes and principles 

6 of the Charter of the United Nations; or 

7 (iii) that is in violation of its IAEA 

8 obligations or the purposes and principles 

9 of the Charter of the United Nations. 

10 (3) DETAIL OF EXPENDITURES.—The Presi11 dent shall direct the United States Permanent Rep12 resentative to the IAEA to use the voice, vote, and 

13 influence of the United States at the IAEA to se14 cure, as part of the regular budget presentation of 

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

16 breakdown by country of expenditures of the IAEA 

17 for safeguards inspections and nuclear security ac18 tivities. 

19 (c) MEMBERSHIP.— 

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

21 the United States Permanent Representative to the 

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

23 United States at the IAEA to block the membership 

24 on the Board of Governors of the IAEA for a Memmstockstill on PROD1PC66 with BILLS

53 

•HR 557 IH

1 ber State of the IAEA that has not signed and rati2 fied the Additional Protocol and— 

3 (A) is under investigation for a breach of 

4 or noncompliance with its IAEA obligations or 

5 the purposes and principles of the Charter of 

6 the United Nations; or 

7 (B) that is in violation of its IAEA obliga8 tions or the purposes and principles of the 

9 Charter of the United Nations. 

10 (2) CRITERIA.—The United States Permanent 

11 Representative to the IAEA shall make every effort 

12 to modify the criteria for Board membership to re13 flect the principles described in paragraph (1). 

14 (d) SMALL QUANTITIES PROTOCOL.—The President 

15 shall direct the United States Permanent Representative 

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

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

18 that the IAEA changes the policy regarding the Small 

19 Quantities Protocol in order to— 

20 (1) rescind and eliminate the Small Quantities 

21 Protocol; 

22 (2) require that any IAEA Member State that 

23 has previously signed a Small Quantities Protocol to 

24 sign, ratify, and implement the Additional Protocol, 

25 provide immediate access for IAEA inspectors to its 

mstockstill on PROD1PC66 with BILLS

54 

•HR 557 IH

1 nuclear-related facilities, and agree to the strongest 

2 inspections regime of its nuclear efforts; and 

3 (3) require that any IAEA Member State that 

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

5 to receive nuclear material, technology, equipment, 

6 or assistance from any IAEA Member State and 

7 subject to the penalties described in subsection 

8 (a)(3). 

9 (e) NUCLEAR PROGRAM OF IRAN.— 

10 (1) UNITED STATES ACTION.—The President 

11 shall direct the United States Permanent Represent12 ative to the IAEA to use the voice, vote, and influ13 ence of the United States at the IAEA to make 

14 every effort to ensure the adoption of a resolution by 

15 the IAEA Board of Governors that, in addition to 

16 the restrictions already imposed, makes Iran ineli17 gible to receive any nuclear material, technology, 

18 equipment, or assistance from any IAEA Member 

19 State and ineligible for any IAEA assistance not re20 lated to safeguards inspections or nuclear security 

21 until the IAEA Board of Governors determines that 

22 Iran— 

23 (A) is providing full access to IAEA in24 spectors to its nuclear-related facilities; 

mstockstill on PROD1PC66 with BILLS

55 

•HR 557 IH

1 (B) has fully implemented and is in com2 pliance with the Additional Protocol; and 

3 (C) has permanently ceased and disman4 tled all activities and programs related to nu5 clear-enrichment and reprocessing. 

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

7 determined to have violated the prohibition on as8 sistance to Iran described in paragraph (1) before 

9 the IAEA Board of Governors determines that Iran 

10 has satisfied the conditions described in subpara11 graphs (A) through (C) of such paragraph, such 

12 Member State shall be subject to the penalties de13 scribed in subsection (a)(3), shall be ineligible to re14 ceive nuclear material, technology, equipment, or as15 sistance from any IAEA Member State, and shall be 

16 ineligible to receive any IAEA assistance not related 

17 to safeguards inspections or nuclear security until 

18 such time as the IAEA Board of Governors makes 

19 such determination with respect to Iran. 

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

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

22 thereafter, the President shall submit to the appropriate 

23 congressional committees a report on the implementation 

24 of this section. 

mstockstill on PROD1PC66 with BILLS

56 

•HR 557 IH

1 SEC. 502. SENSE OF CONGRESS REGARDING THE NUCLEAR 

2 SECURITY ACTION PLAN OF THE IAEA. 

3 It is the sense of Congress that the national security 

4 interests of the United States are enhanced by the Nuclear 

5 Security Action Plan of the IAEA and the Board of Gov6 ernors should recommend, and the General Conference 

7 should adopt, a resolution incorporating the Nuclear Secu8 rity Action Plan into the regular budget of the IAEA. 

9 TITLE VI—PEACEKEEPING 

10 SEC. 601. REFORM OF UNITED NATIONS PEACEKEEPING 

11 OPERATIONS. 

12 It is the sense of Congress that— 

13 (1) although United Nations peacekeeping oper14 ations have contributed greatly toward the pro15 motion of peace and stability for nearly 6 decades 

16 and the majority of peacekeeping personnel who 

17 have served under the United Nations flag have 

18 done so with honor and courage, the record of 

19 United Nations peacekeeping has been severely tar20 nished by operational failures and unconscionable 

21 acts of misconduct; 

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

23 2005, respectively, the Secretary General charged 

24 the high-level Panel on United Nations Peace Oper25 ations, led by former Foreign Minister of Algeria 

26 Lakhdar Brahimi, and his Special Advisor on the 

mstockstill on PROD1PC66 with BILLS

57 

•HR 557 IH

1 Prevention of Sexual Exploitation and Abuse, His 

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

3 of Jordan, to provide honest assessments of the 

4 United Nations’ shortcomings and make rec5 ommendations that would help restore the con6 fidence of the international community in United 

7 Nations peacekeeping operations; 

8 (3) audits of procurement practices in the De9 partment of Peacekeeping Operations, conducted by 

10 the Office of Internal Oversight Services, also have 

11 uncovered ‘‘significant’’ corruption schemes, includ12 ing a 2007 audit of peacekeeping contracts valued at 

13 $1.4 billion, of which more than $614 million, or 

14 44%, were subject to corruption; 

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

16 had more than eight years to implement the reforms 

17 contained in the Brahimi Report, nearly four years 

18 to implement the reforms in the Zeid Report, and 

19 the fact that Secretary General Ban Ki-Moon, his 

20 predecessor Kofi Annan, and the Special Committee 

21 on Peacekeeping Operations repeatedly have ex22 pressed their commitment ‘‘to implementing funda23 mental, systematic changes as a matter of urgency,’’ 

24 a number of critical reforms continue to be blocked 

mstockstill on PROD1PC66 with BILLS

58 

•HR 557 IH

1 or delayed by Members States who arguably benefit 

2 from maintenance of the status quo; and 

3 (5) if the reputation of and confidence in 

4 United Nations peacekeeping operations is to be re5 stored, fundamental and far-reaching reforms, par6 ticularly in the areas of planning, management, pro7 curement, training, conduct, and discipline, must be 

8 implemented without further delay. 

9 SEC. 602. POLICY RELATING TO REFORM OF UNITED NA10 TIONS PEACEKEEPING OPERATIONS. 

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

12 reform of United Nations peacekeeping operations in the 

13 following areas: 

14 (1) PLANNING AND MANAGEMENT.— 

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

16 and number of United Nations peacekeeping 

17 operations have increased substantially over the 

18 past decade, an independent audit of each such 

19 operation, with a view toward ‘‘right-sizing’’ op20 erations and ensuring that such operations are 

21 cost effective, should be conducted and its find22 ings reported to the Security Council. 

23 (B) PROCUREMENT AND TRANS24 PARENCY.—A modern logistics system and 

25 transparent, streamlined procurement procemstockstill on PROD1PC66 with BILLS

59 

•HR 557 IH

1 dures should be established within the United 

2 Nations Department of Field Support to ensure 

3 that all peacekeeping missions are resourced ap4 propriately and in a timely fashion while indi5 vidual accountability for waste, fraud and abuse 

6 within United Nations peacekeeping missions is 

7 established and uniformly enforced. 

8 (C) REVIEW OF MANDATES AND CLOSING

9 OPERATIONS.—In conjunction with the audit 

10 described in subparagraph (A), the United Na11 tions Department of Peacekeeping Operations 

12 should conduct a comprehensive review of all 

13 United Nations peacekeeping operation man14 dates, with a view toward identifying objectives 

15 that are practical and achievable, and report its 

16 findings to the Security Council. In particular, 

17 the review should consider the following: 

18 (i) Except in extraordinary cases, in19 cluding genocide, the United Nations De20 partment of Peacekeeping Operations 

21 should not be tasked with activities that 

22 are impractical or unachievable without the 

23 cooperation of the Member State(s) 

24 hosting a United Nations peacekeeping op25 eration, or which amount to de-facto 

mstockstill on PROD1PC66 with BILLS

60 

•HR 557 IH

1 Trusteeship outside of the procedures es2 tablished for such under Chapter XII of 

3 the United Nations Charter, thereby cre4 ating unrealistic expectations and obfus5 cating the primary responsibility of the 

6 Member States themselves in creating and 

7 maintaining conditions for peace. 

8 (ii) Long-standing operations that are 

9 static and cannot fulfill their mandate 

10 should be downsized or closed. 

11 (iii) Where there is legitimate concern 

12 that the withdrawal from a country of an 

13 otherwise static United Nations peace14 keeping operation would result in the re15 sumption of major conflict, a burden-shar16 ing arrangement that reduces the level of 

17 assessed contributions, similar to that cur18 rently supporting the United Nations 

19 Peacekeeping Force in Cyprus, should be 

20 explored and instituted. 

21 (D) LEADERSHIP.—As peacekeeping oper22 ations become larger and increasingly complex, 

23 the Secretariat should adopt a minimum stand24 ard of qualifications for senior leaders and 

25 managers, with particular emphasis on specific 

mstockstill on PROD1PC66 with BILLS

61 

•HR 557 IH

1 skills and experience, and current senior leaders 

2 and managers who do not meet those standards 

3 should be removed. 

4 (E) PRE-DEPLOYMENT TRAINING.—Pre-de5 ployment training on interpretation of the man6 date of the operation, specifically in the areas 

7 of use of force, civilian protection and field con8 ditions, the Code of Conduct, HIV/AIDS, and 

9 human rights should be mandatory, and all per10 sonnel, regardless of category or rank, should 

11 be required to sign an oath that each has re12 ceived and understands such training as a con13 dition of participation in the operation. 

14 (F) GRATIS MILITARY PERSONNEL.—The 

15 General Assembly should seek to strengthen the 

16 capacity the United Nations Department of 

17 Peacekeeping Operations and ease the extraor18 dinary burden currently placed upon the limited 

19 number of headquarters staff by lifting restric20 tions on the utilization of gratis military per21 sonnel by the Department so that the Depart22 ment may accept secondments from Member 

23 States of military personnel with expertise in 

24 mission planning, logistics, and other oper25 ational specialties. 

mstockstill on PROD1PC66 with BILLS

62 

•HR 557 IH

1 (2) CONDUCT AND DISCIPLINE.— 

2 (A) ADOPTION OF A UNIFORM CODE OF

3 CONDUCT.—A single, uniform Code of Conduct 

4 that has the status of a binding rule and ap5 plies equally to all personnel serving in United 

6 Nations peacekeeping operations, regardless of 

7 category or rank, including military personnel, 

8 should be adopted and incorporated into legal 

9 documents governing participation in such an 

10 operation, including all contracts and Memoran11 dums of Understanding, promulgated and effec12 tively enforced. 

13 (B) UNDERSTANDING THE CODE OF CON14 DUCT.—All personnel, regardless of category or 

15 rank, should receive training on the Code of 

16 Conduct prior to deployment with a peace17 keeping operation, in addition to periodic fol18 low-on training. In particular— 

19 (i) all personnel, regardless of cat20 egory or rank, should be provided with a 

21 personal copy of the Code of Conduct that 

22 has been translated into the national lan23 guage of such personnel, regardless of 

24 whether such language is an official lan25 guage of the United Nations; 

mstockstill on PROD1PC66 with BILLS

63 

•HR 557 IH

1 (ii) all personnel, regardless of cat2 egory or rank, should sign an oath that 

3 each has received a copy of the Code of 

4 Conduct, that each pledges to abide by the 

5 Code of Conduct, and that each under6 stands the consequences of violating the 

7 Code of Conduct, including immediate ter8 mination of participation in and permanent 

9 exclusion from all current and future 

10 peacekeeping operations, as well as the as11 sumption of personal liability for victims 

12 compensation, as a condition of appoint13 ment to any such operation; and 

14 (iii) peacekeeping operations should 

15 conduct educational outreach programs to 

16 reach local communities where peace17 keeping personnel of such operations are 

18 based, including explaining prohibited acts 

19 on the part of United Nations peace20 keeping personnel and identifying the indi21 vidual to whom the local population may 

22 direct complaints or file allegations of ex23 ploitation, abuse, or other acts of mis24 conduct. 

mstockstill on PROD1PC66 with BILLS

64 

•HR 557 IH

1 (C) MONITORING MECHANISMS.—Dedi2 cated monitoring mechanisms, such as the Con3 duct and Discipline Units already deployed to 

4 support United Nations peacekeeping oper5 ations in Haiti, Sudan, Kosovo, Burundi, Libe6 ria, Lebanon, Timor Leste, Cote d’Ivoire, West7 ern Sahara, and the Democratic Republic of 

8 Congo, should be present in each operation to 

9 monitor compliance with the Code of Conduct, 

10 and— 

11 (i) should report simultaneously to the 

12 Head of Mission, the United Nations De13 partment of Peacekeeping Operations, and 

14 the Associate Director of OIOS for Peace15 keeping Operations (established under sec16 tion 1114(b)(9)); and 

17 (ii) should be tasked with designing 

18 and implementing mission-specific meas19 ures to prevent misconduct, conduct follow20 on training for personnel, coordinate com21 munity outreach programs, and assist in 

22 investigations, as OIOS determines nec23 essary and appropriate. 

24 (D) INVESTIGATIONS.—A permanent, pro25 fessional, and independent investigative body 

mstockstill on PROD1PC66 with BILLS

65 

•HR 557 IH

1 should be established and introduced into 

2 United Nations peacekeeping operations. In 

3 particular— 

4 (i) the investigative body should in5 clude professionals with experience in in6 vestigating sex crimes and the illegal ex7 ploitation of resources, as appropriate, as 

8 well as experts who can provide guidance 

9 on standards of proof and evidentiary re10 quirements necessary for any subsequent 

11 legal action; 

12 (ii) provisions should be included in 

13 all Memorandums of Understanding, in14 cluding a Model Memorandum of Under15 standing, that obligate Member States that 

16 contribute troops to a peacekeeping oper17 ation to designate a military prosecutor 

18 who will participate in any investigation 

19 into credible allegations of misconduct 

20 brought against an individual of such 

21 Member State, so that evidence is collected 

22 and preserved in a manner consistent with 

23 the military law of such Member State; 

24 (iii) the investigative body should be 

25 regionally based to ensure rapid deploymstockstill on PROD1PC66 with BILLS

66 

•HR 557 IH

1 ment and should be equipped with modern 

2 forensics equipment for the purpose of 

3 positively identifying perpetrators and, 

4 where necessary, for determining paternity; 

5 and 

6 (iv) the investigative body should re7 port directly to the Associate Director of 

8 OIOS for Peacekeeping Operations, while 

9 providing copies of any reports to the De10 partment of Peacekeeping Operations, the 

11 Head of Mission, and the Member State 

12 concerned. 

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

15 Nations Department of Peacekeeping Oper16 ations should be appropriately staffed, 

17 resourced, and tasked 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 

mstockstill on PROD1PC66 with BILLS

67 

•HR 557 IH

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 Head of 

6 Mission, and the community hosting the 

7 peacekeeping operation; and 

8 (iv) contributing pertinent data on 

9 conduct and discipline to the data base re10 quired pursuant to subparagraph (H). 

11 (F) FINANCIAL LIABILITY AND VICTIMS

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

15 the responsibility for providing longer-term 

16 treatment, care, or restitution lies solely with 

17 the individual found guilty of the misconduct. 

18 In particular, the following reforms should be 

19 implemented: 

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

22 treatment or compensation by creating a 

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

24 similar fund, financed through assessed 

25 contributions to United Nations peacemstockstill on PROD1PC66 with BILLS

68 

•HR 557 IH

1 keeping operations, thereby shielding indi2 viduals from personal liability and rein3 forcing an atmosphere of impunity. 

4 (ii) If an individual responsible for 

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

7 to provide assistance, responsibility for 

8 providing assistance to a victim should be 

9 assigned to the Member State that contrib10 uted the 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. 

mstockstill on PROD1PC66 with BILLS

69 

•HR 557 IH

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) DATA BASE.—A centralized data base, 

12 including personnel photos and fingerprints, 

13 should be created and maintained within the 

14 United Nations Department of Peacekeeping 

15 Operations, the Office of Field Support, and 

16 other relevant United Nations bodies without 

17 further delay to track cases of misconduct, in18 cluding the outcome of investigations and sub19 sequent prosecutions, to ensure that personnel 

20 who have engaged in misconduct or other crimi21 nal activities, regardless of category or rank, 

22 are permanently barred from participation in 

23 future peacekeeping operations. 

24 (I) COOPERATION OF MEMBER STATES.— 

25 If a Member State routinely refuses to coopermstockstill on PROD1PC66 with BILLS

70 

•HR 557 IH

1 ate with the directives contained herein or acts 

2 to shield its nationals from personal liability, 

3 that Member State should be barred from con4 tributing troops or personnel to future peace5 keeping operations. 

6 (J) WELFARE.—Peacekeeping operations 

7 should continue to seek to maintain a minimum 

8 standard of welfare for mission personnel to 

9 ameliorate conditions of service, while adjust10 ments are made to the discretionary welfare 

11 payments currently provided to Member States 

12 that contribute troops to offset the cost of oper13 ation-provided recreational facilities, as nec14 essary and appropriate. 

15 SEC. 603. CERTIFICATION. 

16 (a) NEW OR EXPANDED PEACEKEEPING OPER17 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI18 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 

19 (1) NO NEW OR EXPANDED PEACEKEEPING OP20 ERATIONS.— 

21 (A) CERTIFICATION.—Except as provided 

22 in subparagraph (B), until the Secretary of 

23 State certifies that the requirements described 

24 in paragraph (2) have been satisfied, the Presi25 dent shall direct the United States Permanent 

mstockstill on PROD1PC66 with BILLS

71 

•HR 557 IH

1 Representative to the United Nations to use the 

2 voice, vote, and influence of the United States 

3 at the United Nations to oppose the creation of 

4 new, or expansion of existing, United Nations 

5 peacekeeping operations. 

6 (B) EXCEPTION AND NOTIFICATION.—The 

7 requirements described under paragraph (2) 

8 may be waived with respect to a particular 

9 peacekeeping operation if the President deter10 mines that failure to deploy new or additional 

11 peacekeepers in such situation will significantly 

12 contribute to the widespread loss of human life, 

13 genocide, or the endangerment of a vital na14 tional security interest of the United States. If 

15 the President makes such a determination, the 

16 President shall, not later than 15 days before 

17 the exercise of such waiver, notify the appro18 priate congressional committees of such deter19 mination and resulting waiver. 

20 (2) CERTIFICATION OF PEACEKEEPING OPER21 ATIONS REFORMS.—The certification referred to in 

22 paragraph (1) is a certification made by the Sec23 retary to the appropriate congressional committees 

24 that the following reforms, or an equivalent set of 

25 reforms, related to peacekeeping operations have 

mstockstill on PROD1PC66 with BILLS

72 

•HR 557 IH

1 been adopted by the United Nations Department of 

2 Peacekeeping Operations or the General Assembly, 

3 as appropriate: 

4 (A) A single, uniform Code of Conduct 

5 that has the status of a binding rule and ap6 plies equally to all personnel serving in United 

7 Nations peacekeeping operations, regardless of 

8 category or rank, has been adopted by the Gen9 eral Assembly and duly incorporated into all 

10 contracts and a Model Memorandum of Under11 standing, and mechanisms have been estab12 lished for training such personnel concerning 

13 the requirements of the Code and enforcement 

14 of the Code. 

15 (B) All personnel, regardless of category or 

16 rank, serving in a peacekeeping operation have 

17 been trained concerning the requirements of the 

18 Code of Conduct and each has been given a per19 sonal copy of the Code, translated into the na20 tional language of such personnel. 

21 (C) All personnel, regardless of category or 

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

23 received a copy of the Code of Conduct, that 

24 each pledges to abide by the Code, and that 

25 each understands the consequences of violating 

mstockstill on PROD1PC66 with BILLS

73 

•HR 557 IH

1 the Code, including immediate termination of 

2 participation in and permanent exclusion from 

3 all current and future peacekeeping operations, 

4 as well as the assumption of personal liability 

5 for victims compensation as a condition of the 

6 appointment to such operation. 

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

9 programs to reach local communities where 

10 peacekeeping personnel of such operations are 

11 based to explain prohibited acts on the part of 

12 United Nations peacekeeping personnel and to 

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

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

17 (E) The creation of a centralized data 

18 base, including personnel photos and finger19 prints, has been completed and is being main20 tained in the United Nations Department of 

21 Peacekeeping Operations that tracks cases of 

22 misconduct, including the outcomes of inves23 tigations and subsequent prosecutions, to en24 sure that personnel, regardless of category or 

25 rank, who have engaged in misconduct or other 

mstockstill on PROD1PC66 with BILLS

74 

•HR 557 IH

1 criminal activities are permanently barred from 

2 participation in future peacekeeping operations. 

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

5 Member State that contributes troops to a 

6 peacekeeping operation has been adopted by the 

7 United Nations Department of Peacekeeping 

8 Operations that specifically obligates each such 

9 Member State to— 

10 (i) uphold the uniform Code of Con11 duct which shall apply equally to all per12 sonnel serving in United Nations peace13 keeping operations, regardless of category 

14 or rank; 

15 (ii) designate a competent legal au16 thority, preferably a prosecutor with exper17 tise in the area of sexual exploitation and 

18 abuse where appropriate, to participate in 

19 any investigation into an allegation of mis20 conduct brought against an individual of 

21 such Member State; 

22 (iii) refer to its competent national or 

23 military authority for possible prosecution, 

24 if warranted, any investigation of a viola25 tion of the Code of Conduct or other crimimstockstill on PROD1PC66 with BILLS

75 

•HR 557 IH

1 nal activity by an individual of such Mem2 ber State; 

3 (iv) report to the Department of 

4 Peacekeeping Operations on the outcome 

5 of any such investigation; 

6 (v) undertake to conduct on-site court 

7 martial proceedings, where practical and 

8 appropriate, relating to allegations of mis9 conduct alleged against an individual of 

10 such Member State; and 

11 (vi) assume responsibility for the pro12 vision of appropriate assistance to a victim 

13 of misconduct committed by an individual 

14 of such Member State. 

15 (G) A professional and independent inves16 tigative and audit function has been established 

17 within the United Nations Department of 

18 Peacekeeping Operations and the OIOS to mon19 itor United Nations peacekeeping operations. 

Æ 

mstockstill on PROD1PC66 with BILLS