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has been translated into the national lan-
guage of such personnel, regardless of 
whether such language is an official lan-
guage of the United Nations; 
(ii) all personnel, regardless of cat-
egory or rank, should sign an oath that 
each has received a copy of the Code of 
Conduct, that each pledges to abide by the 
Code of Conduct, and that each under-
stands the consequences of violating the 
Code of Conduct, including immediate ter-
mination of the participation of such per-
sonnel in the peacekeeping operation to 
which such personnel is assigned as a con-
dition of appointment to such operation; 
and 
(iii) peacekeeping operations should 
conduct educational outreach programs to 
reach local communities where peace-
keeping personnel of such operations are 
based, including explaining prohibited acts 
on the part of United Nations peace-
keeping personnel and identifying the indi-
vidual to whom the local population may 
direct complaints or file allegations of ex-
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ploitation, abuse, or other acts of mis-
conduct. 
(C) 
MONITORING
MECHANISMS.—Dedi-
cated monitoring mechanisms, such as the Per-
sonnel Conduct Units already deployed to sup-
port United Nations peacekeeping operations in 
Haiti, Liberia, Burundi, and the Democratic 
Republic of Congo, should be present in each 
operation to monitor compliance with the Code 
of Conduct, and— 
(i) should report simultaneously to the 
Head of Mission, the United Nations De-
partment of Peacekeeping Operations, and 
the Associate Director of OIOS for Peace-
keeping Operations (established under sec-
tion 104(b)(10)); and 
(ii) should be tasked with designing 
and implementing mission-specific meas-
ures to prevent misconduct, conduct follow- 
on training for personnel, coordinate com-
munity outreach programs, and assist in 
investigations, as OIOS determines nec-
essary and appropriate. 
(D) INVESTIGATIONS.—A permanent, pro-
fessional, and independent investigative body
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should be established and introduced into 
United Nations peacekeeping operations. In 
particular— 
(i) the investigative body should in-
clude professionals with experience in in-
vestigating sex crimes, as well as experts 
who can provide guidance on standards of 
proof and evidentiary requirements nec-
essary for any subsequent legal action; 
(ii) provisions should be included in a 
Model Memorandum of Understanding 
that obligate Member States that con-
tribute troops to a peacekeeping operation 
to designate a military prosecutor who will 
participate in any investigation into an al-
legation of misconduct brought against an 
individual of such Member State, so that 
evidence is collected and preserved in a 
manner consistent with the military law of 
such Member State; 
(iii) the investigative body should be 
regionally based to ensure rapid deploy-
ment and should be equipped with modern 
forensics equipment for the purpose of 
positively identifying perpetrators and,
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where necessary, for determining paternity; 
and 
(iv) the investigative body should re-
port directly to the Associate Director of 
OIOS for Peacekeeping Operations, while 
providing copies of any reports to the De-
partment of Peacekeeping Operations, the 
Head of Mission, and the Member State 
concerned. 
(E) FOLLOW-UP.—A dedicated unit, simi-
lar to the Personnel Conduct Units, staffed and 
funded through existing resources, should be es-
tablished within the headquarters of the United 
Nations Department of Peacekeeping Oper-
ations and tasked with— 
(i) promulgating measures to prevent 
misconduct; 
(ii) coordinating allegations of mis-
conduct, and reports received by field per-
sonnel; and 
(iii) gathering follow-up information 
on completed investigations, particularly by 
focusing on disciplinary actions against the 
individual concerned taken by the United 
Nations or by the Member State that is
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contributing troops to which such indi-
vidual belongs, and sharing such informa-
tion with the Security Council, the Head of 
Mission, and the community hosting the 
peacekeeping operation. 
(F) FINANCIAL
LIABILITY
AND
VICTIMS 
ASSISTANCE.—Although 
peacekeeping 
oper-
ations should provide immediate medical assist-
ance to victims of sexual abuse or exploitation, 
the responsibility for providing longer-term 
treatment, care, or restitution lies solely with 
the individual found guilty of the misconduct. 
In particular, the following reforms should be 
implemented: 
(i) The United Nations should not as-
sume responsibility for providing long-term 
treatment or compensation by creating a 
‘‘Victims Trust Fund’’, or any other such 
similar fund, financed through assessed 
contributions to United Nations peace-
keeping operations, thereby shielding indi-
viduals from personal liability and rein-
forcing an atmosphere of impunity. 
(ii) If an individual responsible for 
misconduct has been repatriated, reas-
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signed, redeployed, or is otherwise unable 
to provide assistance, responsibility for 
providing assistance to a victim should be 
assigned to the Member State that contrib-
uted the troops to which such individual 
belonged or to the manager concerned. 
(iii) In the case of misconduct by a 
member of a military contingent, appro-
priate funds shall be withheld from the 
troop contributing country concerned. 
(iv) In the case of misconduct by a ci-
vilian employee or contractor of the United 
Nations, appropriate wages shall be gar-
nished from such individual or fines shall 
be imposed against such individual, con-
sistent with existing United Nations Staff 
Rules. 
(G) MANAGERS AND COMMANDERS.—The 
manner in which managers and commanders 
handle cases of misconduct by those serving 
under them should be included in their indi-
vidual performance evaluations, so that man-
agers and commanders who take decisive action 
to deter and address misconduct are rewarded, 
while those who create a permissive environ-
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ment or impede investigations are penalized or 
relieved of duty, as appropriate. 
(H) DATA BASE.—A centralized data base 
should be created and maintained within the 
United Nations Department of Peacekeeping 
Operations to track cases of misconduct, includ-
ing the outcome of investigations and subse-
quent prosecutions, to ensure that personnel 
who have engaged in misconduct or other crimi-
nal activities, regardless of category or rank, 
are permanently barred from participation in 
future peacekeeping operations. 
(I) WELFARE.—Peacekeeping operations 
should assume responsibility for maintaining a 
minimum standard of welfare for mission per-
sonnel to ameliorate conditions of service, while 
adjustments are made to the discretionary wel-
fare payments currently provided to Member 
States that contribute troops to offset the cost 
of operation-provided recreational facilities. 
(3) PEACEBUILDING COMMISSION.— 
(A) 
ESTABLISHMENT.—Consistent 
with 
the recommendations of the High Level Panel 
Report, the United Nations should establish a 
Peacebuilding Commission, supported by a
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Peacebuilding Support Office, to marshal the 
efforts of the United Nations, international fi-
nancial institutions, donors, and non-govern-
mental organizations to assist countries in tran-
sition from war to peace. 
(B) STRUCTURE AND MEMBERSHIP.—The 
Commission should— 
(i) be a subsidiary body of the United 
Nations Security Council, limited in size to 
ensure efficiency; 
(ii) include members of the United 
Nations Security Council, major donors, 
major troop contributing countries, appro-
priate United Nations organizations, the 
World Bank, and the International Mone-
tary Fund; and 
(iii) invite the President of ECOSOC, 
regional actors, Member States that con-
tribute troops, regional development banks, 
and other concerned parties that are not 
already members, as determined appro-
priate, to consult or participate in meet-
ings as observers. 
(C) RESPONSIBILITIES.—The Commission 
should seek to ease the demands currently
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placed upon the Department of Peacekeeping 
Operations to undertake tasks that fall beyond 
the scope of traditional peacekeeping, by— 
(i) developing and integrating coun-
try-specific and system-wide conflict pre-
vention, post-conflict reconstruction, and 
long-term development policies and strate-
gies; and 
(ii) serving as the key coordinating 
body for the design and implementation of 
military, humanitarian, and civil adminis-
tration aspects of complex missions. 
(D) RESOURCES.—The establishment of 
the Peacebuilding Commission and the related 
Peacebuilding Support Office, should be staffed 
within existing resources. 
SEC. 403. CERTIFICATION. 
(a) NEW
OR EXPANDED PEACEKEEPING OPER-
ATIONS
CONTINGENT
UPON
PRESIDENTIAL
CERTIFI-
CATION OF PEACEKEEPING OPERATIONS REFORMS.— 
(1) NO NEW OR EXPANDED PEACEKEEPING OP-
ERATIONS.— 
(A) CERTIFICATION.—Except as provided 
in subparagraph (B), until the Secretary of 
State certifies that the requirements described
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in paragraph (2) have been satisfied, the Presi-
dent shall direct the United States Permanent 
Representative to the United Nations to use the 
voice, vote, and influence of the United States 
at the United Nations to oppose the creation of 
new, or expansion of existing, United Nations 
peacekeeping operations. 
(B) EXCEPTION AND NOTIFICATION.—The 
requirements described under subparagraphs 
(F) and (G) of paragraph (2) may be waived 
until January 1, 2007, if the President deter-
mines that such is in the national interest of 
the United States. If the President makes such 
a determination, the President shall, not later 
than 15 days before the exercise of such waiver, 
notify the appropriate congressional committees 
of such determination and resulting waiver. 
(2) CERTIFICATION OF PEACEKEEPING OPER-
ATIONS REFORMS.—The certification referred to in 
paragraph (1) is a certification made by the Sec-
retary to the appropriate congressional committees 
that the following reforms, or an equivalent set of 
reforms, related to peacekeeping operations have 
been adopted by the United Nations Department of
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Peacekeeping Operations or the General Assembly, 
as appropriate: 
(A) A single, uniform Code of Conduct 
that has the status of a binding rule and ap-
plies equally to all personnel serving in United 
Nations peacekeeping operations, regardless of 
category or rank, has been adopted by the Gen-
eral Assembly and mechanisms have been estab-
lished for training such personnel concerning 
the requirements of the Code and enforcement 
of the Code. 
(B) All personnel, regardless of category or 
rank, serving in a peacekeeping operation have 
been trained concerning the requirements of the 
Code of Conduct and each has been given a per-
sonal copy of the Code, translated into the na-
tional language of such personnel. 
(C) All personnel, regardless of category or 
rank, are required to sign an oath that each has 
received a copy of the Code of Conduct, that 
each pledges to abide by the Code, and that 
each understands the consequences of violating 
the Code, including the immediate termination 
of the participation of such personnel in the 
peacekeeping operation to which such personnel
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is assigned as a condition of the appointment to 
such operation. 
(D) All peacekeeping operations have de-
signed and implemented educational outreach 
programs to reach local communities where 
peacekeeping personnel of such operations are 
based to explain prohibited acts on the part of 
United Nations peacekeeping personnel and to 
identify the individual to whom the local popu-
lation may direct complaints or file allegations 
of exploitation, abuse, or other acts of mis-
conduct. 
(E) A centralized data base has been cre-
ated and is being maintained in the United Na-
tions Department of Peacekeeping Operations 
that tracks cases of misconduct, including the 
outcomes of investigations and subsequent pros-
ecutions, to ensure that personnel, regardless of 
category or rank, who have engaged in mis-
conduct or other criminal activities are perma-
nently barred from participation in future 
peacekeeping operations. 
(F) A Model Memorandum of Under-
standing between the United Nations and each 
Member State that contributes troops to a
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peacekeeping operation has been adopted by the 
United Nations Department of Peacekeeping 
Operations that specifically obligates each such 
Member State to— 
(i) designate a competent legal au-
thority, preferably a prosecutor with exper-
tise in the area of sexual exploitation and 
abuse, to participate in any investigation 
into an allegation of misconduct brought 
against an individual of such Member 
State; 
(ii) refer to its competent national or 
military authority for possible prosecution, 
if warranted, any investigation of a viola-
tion of the Code of Conduct or other crimi-
nal activity by an individual of such Mem-
ber State; 
(iii) report to the Department of 
Peacekeeping Operations on the outcome 
of any such investigation; 
(iv) undertake to conduct on-site court 
martial proceedings relating to allegations 
of misconduct alleged against an individual 
of such Member State; and
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(v) assume responsibility for the pro-
vision of appropriate assistance to a victim 
of misconduct committed by an individual 
of such Member State. 
(G) A professional and independent inves-
tigative and audit function has been established 
within the United Nations Department of 
Peacekeeping Operations and the OIOS to mon-
itor United Nations peacekeeping operations. 
SEC. 404. RULE OF CONSTRUCTION RELATING TO PROTEC-
TION OF UNITED STATES OFFICIALS AND 
MEMBERS OF THE ARMED FORCES. 
Nothing in this title shall be construed as superseding 
the Uniform Code of Military Justice or operating to effect 
the surrender of United States officials or members of the 
Armed Forces to a foreign country or international tri-
bunal, including the International Criminal Court, for 
prosecutions arising from peacekeeping operations or 
other similar United Nations-related activity, and nothing 
in this title shall be interpreted in a manner inconsistent 
with the American Servicemembers’ Protection Act of 
2002 (title II of the 2002 Supplemental Appropriations 
Act for Further Recovery From and Response To Ter-
rorist Attacks on the United States; Public Law 107– 
206).
HR 2745 PCS 
TITLE 
V—DEPARTMENT 
OF 
STATE AND GOVERNMENT AC-
COUNTABILITY OFFICE 
SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT 
INTERNATIONAL ORGANIZATIONS. 
The Secretary of State shall make every effort to re-
cruit United States citizens for positions within inter-
national organizations. 
SEC. 502. BUDGET JUSTIFICATION FOR REGULAR AS-
SESSED BUDGET OF THE UNITED NATIONS. 
(a) DETAILED ITEMIZATION.—The annual congres-
sional budget justification shall include a detailed itemized 
request in support of the assessed contribution of the 
United States to the regular assessed budget of the United 
Nations. 
(b) CONTENTS
OF DETAILED ITEMIZATION.—The 
detailed itemization required under subsection (a) shall— 
(1) contain information relating to the amounts 
requested in support of each of the various sections 
and titles of the regular assessed budget of the 
United Nations; and 
(2) compare the amounts requested for the cur-
rent year with the actual or estimated amounts con-
tributed by the United States in previous fiscal years 
for the same sections and titles.
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(c) ADJUSTMENTS
AND
NOTIFICATION.—If the 
United Nations proposes an adjustment to its regular as-
sessed budget, the Secretary of State shall, at the time 
such adjustment is presented to the Advisory Committee 
on Administrative and Budgetary Questions (ACABQ), 
notify and consult with the appropriate congressional com-
mittees. 
SEC. 503. REVIEW AND REPORT. 
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of State shall conduct a 
review of programs of the United Nations that are funded 
through assessed contributions and submit to the appro-
priate congressional committees a report containing— 
(1) the findings of such review; and 
(2) recommendations relating to— 
(A) the continuation of such programs; 
and 
(B) which of such programs should be vol-
untarily funded, other than those specified in 
subparagraphs (A) through (R) of subsection 
(c)(2) of section 11 of the United Nations Par-
ticipation Act of 1945, as amended by section 
101(c) of this Act.
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SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE. 
(a) REPORT ON UNITED NATIONS REFORMS.—Not 
later than 12 months after the date of the enactment of 
this Act and again 12 months thereafter, the Comptroller 
General of the United States of the Government Account-
ability Office shall submit to the appropriate congressional 
committees a report on the status of the 1997, 2002, and 
2005 management reforms initiated by the Secretary Gen-
eral and on the reforms mandated by this Act. 
(b) REPORT ON DEPARTMENT OF STATE CERTIFI-
CATIONS.—Not later than 6 months after each certifi-
cation submitted by the Secretary of State to the appro-
priate congressional committees under this Act and sub-
section (d)(3) of section 11 of the United Nations Partici-
pation Act of 1945 (as amended by section 101(c) of this 
Act), the Comptroller General shall submit to the appro-
priate congressional committees a report on each such cer-
tification. The Secretary shall provide the Comptroller 
General with any information required by the Comptroller 
General to submit any such report. 
(c) UNITED NATIONS CONSTRUCTION
AND CON-
TRACTING.—Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General shall sub-
mit to the Committee on International Relations of the 
House of Representatives, the Committee on Foreign Re-
lations of the Senate, the Committee on Appropriations
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of the House of Representatives, and the Committee on 
Appropriations of the Senate a report describing the costs 
associated with the contracting for and construction of the 
Geneva, Switzerland, buildings of the World Meteorolog-
ical Organization (WMO) and the World Intellectual Prop-
erty Organization (WIPO). The report shall include anal-
yses of the procurement procedures for each such building 
and shall specifically address issues of any corrupt con-
tracting practices that are discovered, such as rigged bids 
and kickbacks, as well as other improprieties. The report 
shall also include an identification of other credible allega-
tions of corrupt contracting at United Nations construc-
tion projects that involve major construction on a scale 
comparable to the WMO and WIPO construction projects, 
and a description of the results of an investigation into 
each such credible allegation. 
TITLE VI—CERTIFICATIONS AND 
WITHHOLDING OF CONTRIBU-
TIONS 
SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CON-
TRIBUTIONS. 
(a) CERTIFICATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the certifications required under sub-
section (d)(3) of section 11 of the United Nations