378
pendent Oversight Board (IOB) have been adopted by the 
United Nations: 
(1) An IOB is established from existing United 
Nations budgetary and personnel resources. Except 
as provided in this subsection, the IOB shall be an 
independent entity within the United Nations and 
shall not be subject to budget authority or organiza-
tional authority of any entity within the United Na-
tions. 
(2) The head of the IOB shall be a Director, 
who shall be nominated by the Secretary General 
and who shall be subject to Security Council ap-
proval by a majority vote. The IOB shall also consist 
of four other board members who shall be nominated 
by the Secretary General and subject to Security 
Council approval by a majority vote. The IOB shall 
be responsible to the Security Council and the Direc-
tor and board members shall each serve terms of six 
years, except that the terms of the initial board shall 
be staggered so that no more than two board mem-
bers’ terms will expire in any one year. No board 
member may serve more than two terms. An IOB 
board member may be removed for cause by a ma-
jority vote of the Security Council. The Director
379
shall appoint a professional staff headed by a Chief 
of Staff and may employ contract staff as needed. 
(3) The IOB shall receive operational and budg-
etary funding through appropriations by the General 
Assembly from existing levels of United Nations 
budgetary and personnel resources, and shall not be 
dependent upon any other entity, bureau, division, 
department, or specialized agency of the United Na-
tions for such funding. 
(4) While the IOB shall have the authority to 
evaluate all operations of the United Nations, the 
primary mission of the IOB is to oversee the Office 
of Internal Oversight Services and the Board of Ex-
ternal Auditors. The IOB may direct the Office of 
Internal Oversight Services or the Board of External 
Auditors to initiate, abandon, or modify the scope of 
an investigation. Every three months or more fre-
quently when appropriate, the IOB shall submit, as 
appropriate, to the Secretary General, the Security 
Council, the General Assembly, or the Economic and 
Social Council a report on its activities, relevant ob-
servations, and recommendations relating to its 
audit operations, including information relating to 
the inventory and status of investigations by the Of-
fice of Internal Oversight Services.
380
(5) In extraordinary circumstances and with the 
concurrence of the Secretary General or the Security 
Council by majority vote, the IOB may augment the 
Office of Internal Oversight Services with a special 
investigator and staff consisting of individuals who 
are not employees of the United Nations, to inves-
tigate matters involving senior officials of the United 
Nations or of its specialized agencies when allega-
tions of serious misconduct have been made and 
such a special investigation is necessary to maintain 
public confidence in the integrity of the investiga-
tion. A special investigator and staff shall comply 
with all United Nations financial disclosure and con-
flict of interest rules, including the filing of an indi-
vidual Annual Financial Disclosure Form in accord-
ance with subsection (c). 
(6) The IOB shall recommend annual budgets 
for the Office of Internal Oversight Services and the 
Board of External Auditors. 
(7)(A) The IOB shall review the Final Report 
of the Independent Inquiry Committee (IIC) into the 
United Nations Oil for Food Program (OFF). The 
IOB’s review should focus on the adequacy of the 
IIC’s Final Report or any subsequent reports of the 
IIC or of any possible successor to the IIC. The
381
IOB’s review of the IIC’s Final Report should ad-
dress the Final Report’s treatment of and adequacy 
in the following areas—
(i) 
OFF’s 
operations 
from 
inception 
through the transfer of power from the Coali-
tion Provisional Authority to the interim Iraqi 
government; 
(ii) claims of oil smuggling, illegal sur-
charges on oil and commissions on commodity 
contracts, illegal kick-backs, use of oil alloca-
tions to influence foreign government officials 
and international people of influence, and use of 
funds for military purposes; 
(iii) the involvement, directly or indirectly, 
of any entity, bureau, division, department, spe-
cialized agency, or employee (including the Sec-
retary General) of the United Nations, includ-
ing any employee of the specialized agencies of 
the United Nations or any employee or officer 
of the Secretariat; 
(iv) the IIC’s findings, discovery and use of 
evidence, and investigation practices; and 
(v) the extent of cooperation by the United 
Nations with requests by Congress for testi-
mony, interviews, documents, correspondence,
382
reports, memoranda, books, papers, accounts, 
or records related to the Oil for Food Program. 
(B) Subsequent to the IOB’s review, the IOB 
shall determine in a written report whether the IIC 
investigation is incomplete or inadequate in any re-
spects and whether any additional investigation is 
justified. If the IOB determines that additional in-
vestigation is warranted, it shall appoint, in accord-
ance with paragraph (5), a special investigator and 
staff consisting of individuals who are not employees 
of the United Nations and to identify specific areas 
within the OFF to investigate. 
(b) CERTIFICATION OF UNITED NATIONS REFORMS 
OF THE OFFICE OF INTERNAL OVERSIGHT SERVICES.—
In accordance with section 1171, a certification shall be 
required that certifies that the following reforms related 
to the Office of Internal Oversight Services (OIOS) have 
been adopted by the United Nations: 
(1) The OIOS is designated as an independent 
entity within the United Nations. The OIOS shall 
not be subject to budget authority or organizational 
authority of any entity within the United Nations 
except as provided in this section. 
(2) The regular assessed budget of the United 
Nations shall fully fund the Internal Oversight
383
Budget from existing levels of United Nations budg-
etary and personnel resources and shall not be de-
pendent upon any other entity, bureau, division, de-
partment, or specialized agency of the United Na-
tions for such funding. 
(3) All United Nations officials, including offi-
cials from any entity, bureau, division, department, 
or specialized agency of the United Nations, may—
(A) make a recommendation to the OIOS 
to initiate an investigation of any aspect of the 
United Nations; or 
(B) report to the OIOS information or al-
legations of misconduct or inefficiencies within 
the United Nations. 
(4) The OIOS may, sua sponte, initiate and 
conduct an investigation or audit of any entity, bu-
reau, division, department, specialized agency, em-
ployee (including the Secretary General) of the 
United Nations, including any employee of the spe-
cialized agencies of the United Nations, or con-
tractor or consultant for the United Nations or its 
specialized agencies. 
(5) At least every three months and more fre-
quently when appropriate, the OIOS shall submit to
384
the IOB a report containing an inventory and status 
of its investigations. 
(6) The OIOS shall establish procedures for 
providing ‘‘whistle-blower’’ status and employment 
protections for all employees of the United Nations, 
including employees of the specialized agencies of 
the United Nations, who provide informational leads 
and testimony related to allegations of wrongdoing. 
Such procedures shall be adopted throughout the 
United Nations. Such status and protection may not 
be conferred on the Secretary General. 
(7) The OIOS shall annually publish a public 
report determining the proper number, distribution, 
and expertise of auditors within the OIOS necessary 
to carry out present and future duties of the OIOS, 
including assessing the staffing requirements needed 
to audit United Nations contracting activities 
throughout the contract cycle from the bid process 
to contract performance. 
(8) Not later than six months after the date of 
the enactment of this Act, the Director shall estab-
lish a position of Associate Director of OIOS for 
Specialized Agencies and Funds and Programs who 
shall be responsible for supervising the OIOS liaison 
or oversight duties for each of the specialized agen-
385
cies and funds and programs of the United Nations. 
With the concurrence of the Director, the Associate 
Director of OIOS for Specialized Agencies and 
Funds and Programs may, from existing levels of 
United Nations budgetary and personnel resources, 
hire and appoint necessary OIOS staff, including 
staff serving within and located at specialized agen-
cies and funds and programs permanently or as 
needed to liaison with existing audit functions within 
each specialized agency and fund and program. 
(9) Not later than six months after the date of 
the enactment of this Act, the Director shall estab-
lish a position of Associate Director of OIOS for 
Peacekeeping Operations, who shall be responsible 
for the oversight and auditing of the field offices at-
tached to United Nations peacekeeping operations. 
The Associate Director of OIOS for Peacekeeping 
Operations shall receive informational leads and tes-
timony from any person regarding allegations of 
wrongdoing by United Nations officials or peace-
keeping troops or regarding inefficiencies associated 
with United Nations peacekeeping operations. The 
Associate Director of OIOS for Peacekeeping Oper-
ations shall be responsible for initiating, conducting,
386
and overseeing investigations within peacekeeping 
operations. 
(10) Not later than six months after the date 
of the enactment of this Act, the Director shall es-
tablish a position of Associate Director of OIOS for 
Procurement and Contract Integrity, who shall be 
responsible for auditing and inspecting procurement 
and contracting win the United Nations, including 
within the specialized agencies. The Associate Direc-
tor of OIOS for Procurement and Contract Integrity 
shall receive informational leads and testimony from 
any person regarding allegations of wrongdoing by 
United Nations officials or regarding inefficiencies 
associated with United Nations procurement or con-
tracting activities. The Associate Director of OIOS 
for Procurement and Contract Integrity shall be re-
sponsible for initiating, conducting, and overseeing 
investigations of procurement and contract activities. 
Not later than 12 months after the establishment of 
the position of Associate Director of OIOS for Pro-
curement and Contract Integrity, the Director, with 
the assistance of the Associate Director of OIOS for 
Procurement and Contract Integrity, shall undertake 
a review of contract procedures to ensure that prac-
tices and policies are in place to ensure that—
387
(A) the United Nations has ceased issuing 
single bid contracts except for such contracts 
issued during an emergency situation that is 
justified by the Under Secretary General for 
Management; 
(B) the United Nations has established ef-
fective controls to prevent conflicts of interest 
in the award of contracts; and 
(C) the United Nations has established ef-
fective procedures and policies to ensure effec-
tive and comprehensive oversight and moni-
toring of United Nations contract performance. 
(c) CERTIFICATION OF ESTABLISHMENT OF UNITED 
NATIONS OFFICE OF ETHICS.—In accordance with sec-
tion 1171, a certification shall be required that certifies 
that the following reforms related to the establishment of 
a United Nations Office of Ethics have been adopted by 
the United Nations: 
(1) A United Nations Office of Ethics (UNOE) 
is established. The UNOE shall be an independent 
entity within the United Nations and shall not be 
subject to budget authority or organizational author-
ity of any entity within the United Nations. The 
UNEO shall be responsible for establishing, man-
aging, and enforcing a code of ethics for all employ-
388
ees of United Nations and its specialized agencies. 
The UNEO shall also be responsible for providing 
such employees with annual training related to such 
code. The head of the UNEO shall be a Director 
who shall be nominated by the Secretary General 
and who shall be subject to Security Council ap-
proval by majority vote. The UNOE shall promul-
gate ethics rules, including the following: 
(A) No employee of any United Nations 
entity, bureau, division, department, or special-
ized agency may be compensated while partici-
pating in the domestic politics of the country of 
such employee, except for voting or acting as 
part of a Security Council, General Assembly, 
or legitimately authorized United Nations mis-
sion or assignment. 
(B) No United Nations entity, bureau, di-
vision, department, or specialized agency may 
hire an individual convicted in a generally rec-
ognized court of a democratically-elected gov-
ernment with an independent judiciary and an 
extradition treaty with the United States and 
the European Union for any crime or crimes in-
volving 
financial 
misfeasance, 
malfeasance, 
fraud, or perjury.
389
(C) The employment of an employee of any 
United Nations entity, bureau, division, depart-
ment, or specialized agency who is convicted in 
a generally recognized court of a democrat-
ically-elected government with an independent 
judiciary and an extradition treaty with the 
United States and the European Union of any 
crime or crimes involving financial misfeasance, 
malfeasance, fraud, or perjury shall be subject 
to termination. 
(D) If an employee of any United Nations 
entity, bureau, division, department, or special-
ized agency has contact regarding the disposi-
tion of ongoing internal United Nations oper-
ations or decisions with an individual who is not 
an employee or official of the government of a 
Member State (or a similarly situated indi-
vidual), with an individual who is not officially 
employed by any United Nations entity, bureau, 
division, department, or specialized agency, or 
with an individual who is not a working mem-
ber of the media, a memorandum of such con-
tact shall be prepared by such employee and, 
upon request, be made available to Member 
States.
390
(2) The UNEO shall receive operational and 
budgetary funding through appropriations by the 
General Assembly from existing levels of United Na-
tions budgetary and personnel resources and shall 
not be dependent upon any other entity, bureau, di-
vision, department, or specialized agency of the 
United Nations for such funding. 
(3) The Director of the UNEO shall, not later 
than six months after the date of its establishment, 
publish a report containing proposals for imple-
menting a system for the filing and review of indi-
vidual Annual Financial Disclosure Forms by each 
employee of the United Nations, including by each 
employee of its specialized agencies, at the P–5 level 
and above and by all contractors and consultants 
compensated at any salary level. Such system shall 
be in place and operational not later than six 
months after the date of the publication of the re-
port. Such completed forms shall be made available 
to the Office of Internal Oversight Services at the 
request of the Director of the Office of Internal 
Oversight Services. Such system shall seek to iden-
tify and prevent conflicts of interest by United Na-
tions employees and shall be comparable to the sys-
tem used for such purposes by the United States
391
Government. Such report shall also address broader 
reforms of the ethics program for the United Na-
tions, including—
(A) the effect of the establishment of eth-
ics officers throughout all organizations within 
the United Nations; 
(B) the effect of retention by the UNEO of 
Annual Financial Disclosure Forms; 
(C) proposals for making completed An-
nual Financial Disclosure Forms available to 
the public on request through their Member 
State’s mission to the United Nations; 
(D) proposals for annual disclosure to the 
public of information related to the annual sala-
ries and payments, including pension payments 
and buyouts, of employees of the United Na-
tions, including employees of its specialized 
agencies, and of consultants; 
(E) proposals for annual disclosure to the 
public of information related to per diem rates 
for all bureaus, divisions, departments, or spe-
cialized agencies within the United Nations; 
(F) proposals for disclosure upon request 
by the Ambassador of a Member State of infor-
mation related to travel and per diem payments
392
made from United Nations funds to any person; 
and 
(G) proposals for annual disclosure to the 
public of information related to travel and per 
diem rates and payments made from United 
Nations funds to any person. 
(d) CERTIFICATION OF UNITED NATIONS ESTAB-
LISHMENT OF POSITION OF CHIEF OPERATING OFFI-
CER.—In accordance with section 1171, a certification 
shall be required that certifies that the following reforms 
related to the establishment of the position of a Chief Op-
erating Officer have been adopted by the United Nations: 
(1) There is established the position of Chief 
Operating Officer (COO). The COO shall report to 
the Secretary General. 
(2) The COO shall be responsible for formu-
lating general policies and programs for the United 
Nations in coordination with the Secretary General 
and in consultation with the Security Council and 
the General Assembly. The COO shall be responsible 
for the daily administration, operation and super-
vision, and the direction and control of the business 
of the United Nations. The Chief Operating Officer 
shall also perform such other duties and may exer-
393
cise such other powers as from time to time may be 
assigned to the COO by the Secretary General. 
(e) CERTIFICATION OF ACCESS BY MEMBER STATES 
TO REPORTS
AND AUDITS
BY BOARD
OF EXTERNAL 
AUDITORS.—In accordance with section 1171, a certifi-
cation shall be required that certifies that Member States 
may, upon request, have access to all reports and audits 
completed by the Board of External Auditors. 
(f) WAIVER OF IMMUNITY.—The President shall di-
rect 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 ensure that the 
Secretary General exercises the right and duty of the Sec-
retary General under section 20 of the Convention on the 
Privileges and Immunities of the United Nations to waive 
the immunity of any United Nations official in any case 
in which such immunity would impede the course of jus-
tice. In exercising such waiver, the Secretary General is 
urged to interpret the interests of the United Nations as 
favoring the investigation or prosecution of a United Na-
tions official who is credibly under investigation for having 
committed a serious criminal offense or who is credibly 
charged with a serious criminal offense. 
(g) CERTIFICATION OF UNITED NATIONS COOPERA-
TION RELATING TO OIL-FOR-FOOD PROGRAM.—
394
(1) ACTIONS.—In accordance with section 
1171, a certification shall be required that certifies 
that the following actions relating to the oil-for-food 
program have been taken by the United Nations: 
(A) The United Nations Secretary General 
has authorized the release to a law enforcement 
authority of any Member State (upon request 
by the permanent representative to the United 
Nations of such Member State on behalf of 
such law enforcement authority) or to a na-
tional legislative authority authentic copies of 
any document in the possession of the United 
Nations, including any document in the posses-
sion of a person who was engaged on a contract 
basis to provide goods or services to the United 
Nations, that in the judgment of such request-
ing law enforcement authority or national legis-
lative authority directly or indirectly concerns 
the oil-for-food program or a sanction imposed 
on Iraq related to the oil-for-food program. 
(B) The United Nations has waived any 
immunity enjoyed by any United Nations offi-
cial from the judicial process in the United 
States for any civil or criminal acts or omis-
sions under Federal or State law that may have
395
transpired within the jurisdiction of the United 
States in connection with the oil-for-food pro-
gram. 
(2) DEFINITION.—As used in this subsection, 
the term ‘‘oil-for-food program’’ means the program 
established and administered pursuant to United 
Nations Security Council Resolution 986 (April 14, 
1995) and subsequent United Nations resolutions to 
permit the sale of petroleum products exported from 
Iraq and to use the revenue generated from such 
sale for humanitarian assistance. 
SEC. 1215. TERRORISM AND THE UNITED NATIONS. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the 
voice, vote, and influence of the United States at the 
United Nations to work toward adoption by the General 
Assembly of—
(1) a definition of terrorism that builds upon 
the recommendations of the Secretary General’s 
High-Level Panel on Threats, Challenges, and 
Change, and includes as an essential component of 
such definition any action that is intended to cause 
death or serious bodily harm to civilians with the 
purpose of intimidating a population or compelling a
396
government or an international organization to do, 
or abstain from doing, any act; and 
(2) a comprehensive convention on terrorism 
that includes the definition described in paragraph 
(1). 
SEC. 1216. UNITED NATIONS TREATY BODIES. 
The United States shall withhold from United States 
contributions to the regular assessed budget of the United 
Nations for a biennial period amounts that are propor-
tional to the percentage of such budget that are expended 
with respect to a United Nations human rights treaty 
monitoring body or committee that was established by—
(1) a convention (without any protocols) or an 
international covenant (without any protocols) to 
which the United States is not party; or 
(2) a convention, with a subsequent protocol, if 
the United States is a party to neither. 
SEC. 1217. EQUALITY AT THE UNITED NATIONS. 
(a) INCLUSION OF ISRAEL IN WEOG.—
(1) IN GENERAL.—The President shall direct 
the United States Permanent Representative to the 
United Nations to use the voice, vote, and influence 
of the United States to expand the Western Euro-
pean and Others Group (WEOG) in the United Na-
397
tions to include Israel as a permanent member with 
full rights and privileges. 
(2) NOTIFICATION
TO
CONGRESS.—Not later 
than six months after the date of the enactment of 
this Act and every six months thereafter for the next 
six years, the Secretary of State shall notify the ap-
propriate congressional committees concerning the 
treatment of Israel in the United Nations and the 
expansion of WEOG to include Israel as a perma-
nent member. 
(b) DEPARTMENT
OF STATE REVIEW
AND RE-
PORT.—
(1) IN GENERAL.—To avoid duplicative efforts 
and funding with respect to Palestinian interests 
and to ensure balance in the approach to Israeli–
Palestinian issues, the Secretary shall, not later than 
60 days after the date of the enactment of this 
Act—
(A) conduct an audit of the functions of 
the entities listed in paragraph (2); and 
(B) submit to the appropriate congres-
sional committees a report containing rec-
ommendations for the elimination of such dupli-
cative entities and efforts.
398
(2) ENTITIES.—The entities referred to in 
paragraph (1) are the following: 
(A) The United Nations Division for Pales-
tinian Rights. 
(B) The Committee on the Exercise of the 
Inalienable Rights of the Palestinian People. 
(C) The United Nations Special Coordi-
nator for the Middle East Peace Process and 
Personal Representative to the Palestine Lib-
eration Organization and the Palestinian Au-
thority. 
(D) The NGO Network on the Question of 
Palestine. 
(E) The Special Committee to Investigate 
Israeli Practices Affecting the Human Rights of 
the Palestinian People and Other Arabs of the 
Occupied Territories. 
(F) Any other entity the Secretary deter-
mines results in duplicative efforts or funding 
or fails to ensure balance in the approach to 
Israeli-Palestinian issues. 
(c) IMPLEMENTATION BY PERMANENT REPRESENTA-
TIVE.—
(1) IN GENERAL.—The President shall direct 
the United States Permanent Representative to the
399
United Nations to use the voice, vote, and influence 
of the United States at the United Nations to seek 
the implementation of the recommendations con-
tained in the report required under subsection 
(b)(1). 
(2) WITHHOLDING OF FUNDS.—Until such rec-
ommendations have been implemented, the United 
States shall withhold from United States contribu-
tions to the regular assessed budget of the United 
Nations for a biennial period amounts that are pro-
portional to the percentage of such budget that are 
expended for such entities. 
(d) GAO AUDIT.—The Comptroller General of the 
United States of the Government Accountability Office 
shall conduct an audit of—
(1) the status of the implementation of the rec-
ommendations contained in the report required 
under subsection (b)(1); and 
(2) United States actions and achievements 
under subsection (c). 
SEC. 1218. REPORT ON UNITED NATIONS REFORM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and one year thereafter, 
the Secretary shall submit to the appropriate congres-
400
sional committees a report on United Nations reform since 
1990. 
(b) CONTENTS.—The report required under para-
graph (1) shall describe—
(1) the status of the implementation of manage-
ment reforms within the United Nations and its spe-
cialized agencies; 
(2) the number of outputs, reports, or other 
items generated by General Assembly resolutions 
that have been eliminated; 
(3) the progress of the General Assembly to 
modernize and streamline the committee structure 
and its specific recommendations on oversight and 
committee outputs, consistent with the March 2005 
report of the Secretary General entitled ‘‘In larger 
freedom: towards development, security and human 
rights for all’’; 
(4) the status of the review by the General As-
sembly of all mandates older than five years and 
how resources have been redirected to new chal-
lenges, consistent with such March 2005 report of 
the Secretary General; 
(5) the continued utility and relevance of the 
Economic and Financial Committee and the Social, 
Humanitarian, and Cultural Committee, in light of
401
the duplicative agendas of those committees and the 
Economic and Social Council; and 
(6) whether the United Nations or any of its 
specialized agencies has contracted with any party 
included on the Lists of Parties Excluded from Fed-
eral Procurement and Nonprocurement Programs. 
SEC. 1219. REPORT ON UNITED NATIONS PERSONNEL. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees 
a report—
(1) concerning the progress of the General As-
sembly to modernize human resource practices, con-
sistent with the March 2005 report of the Secretary 
General entitled ‘‘In larger freedom: towards devel-
opment, security and human rights for all’’; and 
(2) containing the information described in sub-
section (b). 
(b) CONTENTS.—The report shall include—
(1) a comprehensive evaluation of human re-
sources reforms at the United Nations, including an 
evaluation of—
(A) tenure; 
(B) performance reviews; 
(C) the promotion system;
402
(D) a merit-based hiring system and en-
hanced regulations concerning termination of 
employment of employees; and 
(E) the implementation of a code of con-
duct and ethics training; 
(2) the implementation of a system of proce-
dures for filing complaints and protective measures 
for work-place harassment, including sexual harass-
ment; 
(3) policy recommendations relating to the es-
tablishment of a rotation requirement for non-
administrative positions; 
(4) policy recommendations relating to the es-
tablishment of a prohibition preventing personnel 
and officials assigned to the mission of a Member 
State to the United Nations from transferring to a 
position within the United Nations Secretariat that 
is compensated at the P–5 level and above; 
(5) policy recommendations relating to a reduc-
tion in travel allowances and attendant oversight 
with respect to accommodations and airline flights; 
and 
(6) an evaluation of the recommendations of the 
Secretary General relating to greater flexibility for
403
the Secretary General in staffing decisions to accom-
modate changing priorities. 
SEC. 1220. REPORT ON UNITED STATES CONTRIBUTIONS TO 
THE UNITED NATIONS. 
Not later than one year after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment and Budget shall submit to the Committee on Inter-
national Relations of the House of Representatives, the 
Committee on Foreign Relations of the Senate, the Com-
mittee on Appropriations of the House of Representatives, 
and the Committee on Appropriations of the Senate a re-
port on United States contributions to the United Nations. 
Such report shall examine assessed, voluntary, in-kind, 
and all other United States contributions. 
SEC. 1221. UNITED NATIONS SECURITY COUNCIL AND LEB-
ANON. 
(a) RESOLUTION 1559.—The President shall direct 
the United States Permanent Representative to the 
United Nations to use the voice, vote, and influence of the 
United States at the United Nations to make every effort 
to ensure that the Security Council is undertaking the nec-
essary steps to secure the implementation of Security 
Council Resolution 1559, including—
(1) deploying United Nations inspectors to 
verify and certify to the Security Council that—
404
(A) all foreign forces, including intel-
ligence, security, and policing forces, have been 
withdrawn from Lebanon; and 
(B) all militias in Lebanon have been per-
manently disarmed and dismantled and their 
weapons have been decommissioned; and 
(2) continuing the presence of United Nations 
elections monitoring teams in Lebanon to verify and 
certify to the Security Council that—
(A) citizens of Lebanon are not being tar-
geted for assassination by foreign forces, in 
particular by foreign forces of Syria, or by their 
proxies, as a means of intimidation and coer-
cion in an effort to manipulate the political 
process in Lebanon; 
(B) elections in Lebanon are being con-
ducted in a fair and transparent manner and 
are free of foreign interference; and 
(C) that such foreign forces, or their prox-
ies, are not seeking to infringe upon the terri-
torial integrity or political sovereignty of Leb-
anon. 
(b) UNITED STATES ACTION.—If the steps described 
in paragraphs (1) and (2) of subsection (a) have not been 
verified and certified to the Security Council by July 31,
405
2005, or by the date that is not later than 30 days after 
the date of the enactment of this Act, whichever is sooner, 
the President shall direct the United States Permanent 
Representative to the United Nations to use the voice, 
vote, and influence of the United States at the United Na-
tions to secure the adoption of a resolution in the Security 
Council imposing punitive measures on the governments 
of countries whose forces remain in Lebanon in violation 
of Security Council Resolution 1559 and who directly, or 
through proxies, are infringing upon the territorial integ-
rity or political sovereignty of Lebanon. 
SEC. 1222. POLICY WITH RESPECT TO EXPANSION OF THE 
SECURITY COUNCIL. 
It shall be the policy of the United States to use the 
voice, vote, and influence of the United States at the 
United Nations to oppose any proposals on expansion of 
the Security Council if such expansion would—
(1) diminish the influence of the United States 
on the Security Council; 
(2) include veto rights for any new members of 
the Security Council; or 
(3) undermine the effectiveness of the Security 
Council.
406
SEC. 1223. GENOCIDE AND THE UNITED NATIONS. 
(a) UNITED STATES ACTION.—The President shall 
direct the United States Permanent Representative to the 
United Nations to use the voice, vote, and influence of the 
United States at the United Nations to make every effort 
to ensure the formal adoption and implementation of 
mechanisms to—
(1) suspend the membership of a Member State 
if it is determined that the government of such 
Member State is engaged in or complicit in, either 
by commission or omission, acts of genocide, ethnic 
cleansing, or crimes against humanity; 
(2) impose an arms and trade embargo and 
travel restrictions on, and freeze the assets of, all 
groups and individuals responsible for committing or 
allowing such acts of genocide, ethnic cleansing, or 
crimes against humanity to occur; 
(3) deploy a United Nations peacekeeping oper-
ation or authorize and support the deployment of a 
peacekeeping operation from an international or re-
gional organization to the Member State with a 
mandate to stop such acts of genocide, ethnic cleans-
ing, or crimes against humanity; 
(4) deploy monitors from the United Nations 
High Commissioner for Refugees to the area in the 
Member State where such acts of genocide, ethnic
407
cleansing, or crimes against humanity are occurring; 
and 
(5) authorize the establishment of an inter-
national commission of inquiry into such acts of 
genocide, ethnic cleansing, or crimes against human-
ity. 
(b) CERTIFICATION.—In accordance with section 
1171, a certification shall be required that certifies that 
the mechanisms described in subsection (a) have been 
adopted and implemented. 
SEC. 1224. ANTI-SEMITISM AND THE UNITED NATIONS. 
(a) IN GENERAL.—The President shall direct the 
United States Permanent Representative to the United 
Nations to use the voice, vote, and influence of the United 
States at the United Nations to make every effort to—
(1) ensure the issuance and implementation of 
a directive by the Secretary General or the Secre-
tariat, as appropriate, that—
(A) requires all employees of the United 
Nations and its specialized agencies to officially 
and publicly condemn anti-Semitic statements 
made at any session of the United Nations or 
its specialized agencies, or at any other session 
sponsored by the United Nations;
408
(B) requires employees of the United Na-
tions and its specialized agencies to be subject 
to punitive action, including immediate dis-
missal, for making anti-Semitic statements or 
references; 
(C) proposes specific recommendations to 
the General Assembly for the establishment of 
mechanisms to hold accountable employees and 
officials of the United Nations and its special-
ized agencies, or Member States, that make 
such anti-Semitic statements or references in 
any forum of the United Nations or of its spe-
cialized agencies; and 
(D) develops and implements education 
awareness programs about the Holocaust and 
anti-Semitism throughout the world, as part of 
an effort to combat intolerance and hatred; 
(2) work to secure the adoption of a resolution 
by the General Assembly that establishes the mecha-
nisms described in paragraph (1)(C); and 
(3) continue working toward further reduction 
of anti-Semitic language and anti-Israel resolutions 
in the United Nations and its specialized agencies. 
(b) CERTIFICATION.—In accordance with section 
1171, a certification shall be required that certifies that
409
the requirements described in subsection (a) have been 
satisfied. 
Subtitle B—Human Rights and the 
Economic and Social Council 
(ECOSOC) 
SEC. 1231. HUMAN RIGHTS. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States to use its voice, vote, and influence 
at the United Nations to ensure that a credible and re-
spectable Human Rights Council or other human rights 
body is established within the United Nations whose par-
ticipating Member States uphold the values embodied in 
the Universal Declaration of Human Rights. 
(b) HUMAN RIGHTS REFORMS AT THE UNITED NA-
TIONS.—The President shall direct the United States Per-
manent Representative to the United Nations to ensure 
that the following human rights reforms have been adopt-
ed by the United Nations: 
(1) A Member State that fails to uphold the 
values embodied in the Universal Declaration of 
Human Rights shall be ineligible for membership on 
any United Nations human rights body. 
(2) A Member State shall be ineligible for mem-
bership on any United Nations human rights body 
if such Member State is—
410
(A) subject to sanctions by the Security 
Council; or 
(B) under a Security Council-mandated in-
vestigation for human rights abuses. 
(3) A Member State that is currently subject to 
an adopted country specific resolution, in the prin-
cipal body in the United Nations for the promotion 
and protection of human rights, relating to human 
rights abuses perpetrated by the government of such 
country in such country, or has been the subject of 
such an adopted country specific resolution in such 
principal body within the previous three years, shall 
be ineligible for membership on any United Nations 
human rights body. For purposes of this subsection, 
an adopted country specific resolution shall not in-
clude consensus resolutions on advisory services. 
(4) A Member State that violates the principles 
of a United Nations human rights body to which it 
aspires to join shall be ineligible for membership on 
such body. 
(5) No human rights body has a standing agen-
da item that relates only to one country or region. 
(6) The practice of considering in the principal 
body in the United Nations for the promotion and 
protection of human rights country specific resolu-
411
tions relating to human rights abuses perpetrated by 
the government of a Member State within such 
Member State shall not be eliminated. 
(c) CERTIFICATION.—In accordance with section 
1171, a certification shall be required that certifies that 
the human rights reforms described under subsection (b) 
have been adopted by the United Nations. 
(d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ MO-
TIONS.—The United States Permanent Representative 
shall work to prevent abuse of ‘‘no action’’ motions, par-
ticularly as such motions relate to country specific resolu-
tions. 
(e) OFFICE OF THE UNITED NATIONS HIGH COMMIS-
SIONER FOR HUMAN RIGHTS.—
(1) STATEMENT OF POLICY.—It shall be the 
policy of the United States to continue to strongly 
support the Office of the United Nations High Com-
missioner for Human Rights. 
(2) CERTIFICATION.—In accordance with sec-
tion 1171, a certification shall be required that cer-
tifies that the Office of the United Nations High 
Commissioner for Human Rights has been given 
greater authority in field operation activities, such 
as in the Darfur region of Sudan and in the Demo-
412
cratic Republic of Congo, in furtherance of the pur-
pose and mission of the United Nations. 
(f) PROHIBITION
ON
CONTACT
WITH
MEMBER 
STATES SUBJECT TO SANCTIONS.—An employee from of 
any United Nations entity, bureau, division, department, 
or specialized agency may not have unauthorized contact, 
including business contact, with a Member State that is 
subject to United Nations sanctions. 
SEC. 1232. ECONOMIC AND SOCIAL COUNCIL (ECOSOC). 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States to use its voice, vote, and influence 
at the United Nations to—
(1) abolish secret voting in the Economic and 
Social Council (ECOSOC); 
(2) ensure that, until such time as the Commis-
sion on Human Rights of the United Nations is 
abolished, only countries that are not ineligible for 
membership on a human rights body in accordance 
with paragraphs (1) through (4) of section 1131(b) 
shall be considered for membership on the Commis-
sion on Human Rights; and 
(3) ensure that after candidate countries are 
nominated for membership on the Commission on 
Human Rights, the Economic and Social Council
413
conducts a recorded vote to determine such member-
ship. 
(b) CERTIFICATION.—In accordance with section 
1171, a certification shall be required that certifies that 
the policies described in subsection (a) have been imple-
mented by the Economic and Social Council. 
SEC. 1233. UNITED NATIONS DEMOCRACY FUND. 
(a) IN GENERAL.—The President shall direct the 
United States Permanent Representative to the United 
Nations to use the voice, vote, and influence of the United 
States at the United Nations to make every effort to—
(1) establish a Democracy Fund at the United 
Nations to be administered by Member States of the 
United Nations Democracy Caucus; 
(2) secure political and financial support for the 
Democracy Fund from Member States of the United 
Nations Democracy Caucus; and 
(3) establish criteria that limits recipients of as-
sistance from the Democracy Fund to Member 
States that—
(A) are not ineligible for membership on 
any United Nations human rights body, in ac-
cordance with paragraphs (1) through (4) of 
section 1131(b); and
414
(B) are determined by the Secretary of 
State to be emerging democracies or democ-
racies in transition. 
(b) POLICY RELATING TO FUNDING FOR THE DE-
MOCRACY FUND.—It shall be the policy of the United 
States to shift contributions of the United States to the 
regularly assessed budget of the United Nations for a bi-
ennial period to initiate and support the Democracy Fund 
referred to in subsection (a). 
(c) CERTIFICATION.—In accordance with section 
1171, a certification shall be required that certifies that 
the requirements described in subsection (a) have been 
satisfied. 
Subtitle C—International Atomic 
Energy Agency 
SEC. 1241. INTERNATIONAL ATOMIC ENERGY AGENCY. 
(a) ENFORCEMENT AND COMPLIANCE.—
(1) OFFICE OF COMPLIANCE.—
(A) 
ESTABLISHMENT.—The 
President 
shall direct the United States Permanent Rep-
resentative to International Atomic Energy 
Agency (IAEA) to use the voice, vote, and influ-
ence of the United States at the IAEA to estab-
lish an Office of Compliance in the Secretariat 
of the IAEA.
415
(B) OPERATION.—The Office of Compli-
ance shall—
(i) function as an independent body 
composed of technical experts who shall 
work in consultation with IAEA inspectors 
to assess compliance by IAEA Member 
States and provide recommendations to the 
IAEA Board of Governors concerning pen-
alties to be imposed on IAEA Member 
States that fail to fulfill their obligations 
under IAEA Board resolutions; 
(ii) base its assessments and rec-
ommendations on IAEA inspection reports; 
and 
(iii) shall take into consideration in-
formation provided by IAEA Board Mem-
bers that are one of the five nuclear weap-
ons states as recognized by the Treaty on 
the Non-Proliferation of Nuclear Weapons 
(21 UST 483) (commonly referred to as 
the ‘‘Nuclear Nonproliferation Treaty’’ or 
the ‘‘NPT’’). 
(C) STAFFING.—The Office of Compliance 
shall be staffed from existing personnel in the 
Department of Safeguards of the IAEA or the
416
Department of Nuclear Safety and Security of 
the IAEA. 
(2) SPECIAL COMMITTEE ON SAFEGUARDS AND 
VERIFICATION.—
(A) 
ESTABLISHMENT.—The 
President 
shall direct the United States Permanent Rep-
resentative to the IAEA to use the voice, vote, 
and influence of the United States at the IAEA 
to establish a Special Committee on Safeguards 
and Verification. 
(B) 
RESPONSIBILITIES.—The 
Special 
Committee shall—
(i) improve the ability of the IAEA to 
monitor and enforce compliance by Mem-
ber States of the IAEA with the Nuclear 
Nonproliferation Treaty and the Statute of 
the International Atomic Energy Agency; 
and 
(ii) consider which additional meas-
ures are necessary to enhance the ability of 
the IAEA, beyond the verification mecha-
nisms and authorities contained in the Ad-
ditional Protocol to the Safeguards Agree-
ments between the IAEA and Member 
States of the IAEA, to detect with a high
417
degree of confidence undeclared nuclear ac-
tivities by a Member State. 
(3) PENALTIES WITH RESPECT TO THE IAEA.—
(A) IN GENERAL.—The President shall di-
rect the United States Permanent Representa-
tive to the IAEA to use the voice, vote, and in-
fluence of the United States at the IAEA to en-
sure that a Member State of the IAEA that is 
under investigation for a breach of or non-
compliance with its IAEA obligations or the 
purposes and principles of the Charter of the 
United Nations has its privileges suspended, in-
cluding—
(i) limiting its ability to vote on its 
case; 
(ii) being prevented from receiving 
any technical assistance; and 
(iii) being prevented from hosting 
meetings. 
(B) TERMINATION
OF
PENALTIES.—The 
penalties specified under subparagraph (A) 
shall be terminated when such investigation is 
concluded and such Member State is no longer 
in such breach or noncompliance.
418
(4) PENALTIES
WITH
RESPECT
TO
THE
NU-
CLEAR
NONPROLIFERATION
TREATY.—The Presi-
dent shall direct the United States Permanent Rep-
resentative to the IAEA to use the voice, vote, and 
influence of the United States at the IAEA to en-
sure that a Member State of the IAEA that is found 
to be in breach of, in noncompliance with, or has 
withdrawn from the Nuclear Nonproliferation Treaty 
shall return to the IAEA all nuclear materials and 
technology received from the IAEA, any Member 
State of the IAEA, or any Member State of the Nu-
clear Nonproliferation Treaty. 
(b) UNITED STATES CONTRIBUTIONS.—
(1) VOLUNTARY
CONTRIBUTIONS.—Voluntary 
contributions of the United States to the IAEA 
should primarily be used to fund activities relating 
to Nuclear Safety and Security or activities relating 
to Nuclear Verification. 
(2) LIMITATION
ON
USE
OF
FUNDS.—The 
President shall direct the United States Permanent 
Representative to the IAEA to use the voice, vote, 
and influence of the United States at the IAEA to—
(A) ensure that funds for safeguards in-
spections are prioritized for countries that have
419
newly established nuclear programs or are initi-
ating nuclear programs; and 
(B) block the allocation of funds for any 
other IAEA development, environmental, or nu-
clear science assistance or activity to a coun-
try—
(i) the government of which the Sec-
retary of State has determined, for pur-
poses of section 6(j) of the Export Admin-
istration Act of 1979, section 620A of the 
Foreign Assistance Act of 1961, section 40 
of the Arms Export Control Act, or other 
provision of law, is a government that has 
repeatedly provided support for acts of 
international terrorism and the government 
of which the Secretary has determined has 
not dismantled and surrendered its weap-
ons of mass destruction programs under 
international verification; 
(ii) that is under investigation for a 
breach of or noncompliance with its IAEA 
obligations or the purposes and principles 
of the Charter of the United Nations; or
420
(iii) that is in violation of its IAEA 
obligations or the purposes and principles 
of the Charter of the United Nations. 
(3) DETAIL
OF
EXPENDITURES.—The Presi-
dent shall direct the United States Permanent Rep-
resentative to the IAEA to use the voice, vote, and 
influence of the United States at the IAEA to se-
cure, as part of the regular budget presentation of 
the IAEA to Member States of the IAEA, a detailed 
breakdown by country of expenditures of the IAEA 
for safeguards inspections and nuclear security ac-
tivities. 
(c) MEMBERSHIP.—
(1) IN GENERAL.—The President shall direct 
the United States Permanent Representative to the 
IAEA to use the voice, vote, and influence of the 
United States at the IAEA to block the membership 
on the Board of Governors of the IAEA for a Mem-
ber State of the IAEA that has not signed and rati-
fied the Additional Protocol and—
(A) is under investigation for a breach of 
or noncompliance with its IAEA obligations or 
the purposes and principles of the Charter of 
the United Nations; or
421
(B) that is in violation of its IAEA obliga-
tions or the purposes and principles of the 
Charter of the United Nations. 
(2) CRITERIA.—The United States Permanent 
Representative to the IAEA shall make every effort 
to modify the criteria for Board membership to re-
flect the principles described in paragraph (1). 
(d) SMALL QUANTITIES PROTOCOL.—The President 
shall direct the United States Permanent Representative 
to the IAEA to use the voice, vote, and influence of the 
United States at the IAEA to make every effort to ensure 
that the IAEA changes the policy regarding the Small 
Quantities Protocol in order to—
(1) rescind and eliminate the Small Quantities 
Protocol; 
(2) require that any IAEA Member State that 
has previously signed a Small Quantities Protocol to 
sign, ratify, and implement the Additional Protocol, 
provide immediate access for IAEA inspectors to its 
nuclear-related facilities, and agree to the strongest 
inspections regime of its nuclear efforts; and 
(3) require that any IAEA Member State that 
does not comply with paragraph (2) to be ineligible 
to receive nuclear material, technology, equipment, 
or assistance from any IAEA Member State and
422
subject to the penalties described in subsection 
(a)(3). 
(e) NUCLEAR PROGRAM OF IRAN.—
(1) UNITED
STATES
ACTION.—The President 
shall direct the United States Permanent Represent-
ative to the IAEA to use the voice, vote, and influ-
ence of the United States at the IAEA to make 
every effort to ensure the adoption of a resolution by 
the IAEA Board of Governors that makes Iran ineli-
gible to receive any nuclear material, technology, 
equipment, or assistance from any IAEA Member 
State and ineligible for any IAEA assistance not re-
lated to safeguards inspections or nuclear security 
until the IAEA Board of Governors determines that 
Iran—
(A) is providing full access to IAEA in-
spectors to its nuclear-related facilities; 
(B) has fully implemented and is in com-
pliance with the Additional Protocol; and 
(C) has permanently ceased and disman-
tled all activities and programs related to nu-
clear-enrichment and reprocessing. 
(2) PENALTIES.—If an IAEA Member State is 
determined to have violated the prohibition on as-
sistance to Iran described in paragraph (1) before
423
the IAEA Board of Governors determines that Iran 
has satisfied the conditions described in subpara-
graphs (A) through (C) of such paragraph, such 
Member State shall be subject to the penalties de-
scribed in subsection (a)(3), shall be ineligible to re-
ceive nuclear material, technology, equipment, or as-
sistance from any IAEA Member State, and shall be 
ineligible to receive any IAEA assistance not related 
to safeguards inspections or nuclear security until 
such time as the IAEA Board of Governors makes 
such determination with respect to Iran. 
(f) REPORT.—Not later than six months after the 
date of the enactment of this Act and annually for two 
years thereafter, the President shall submit to the appro-
priate congressional committees a report on the implemen-
tation of this section. 
SEC. 1242. SENSE OF CONGRESS REGARDING THE NUCLEAR 
SECURITY ACTION PLAN OF THE IAEA. 
It is the sense of Congress that the national security 
interests of the United States are enhanced by the Nuclear 
Security Action Plan of the IAEA and the Board of Gov-
ernors should recommend, and the General Conference 
should adopt, a resolution incorporating the Nuclear Secu-
rity Action Plan into the regular budget of the IAEA.
424
Subtitle D—Peacekeeping 
SEC. 1251. SENSE OF CONGRESS REGARDING REFORM OF 
UNITED 
NATIONS 
PEACEKEEPING 
OPER-
ATIONS. 
It is the sense of Congress that—
(1) although United Nations peacekeeping oper-
ations have contributed greatly toward the pro-
motion of peace and stability for the past 57 years 
and the majority of peacekeeping personnel who 
have served under the United Nations flag have 
done so with honor and courage, the record of 
United Nations peacekeeping has been severely tar-
nished by operational failures and unconscionable 
acts of misconduct; and 
(2) if the reputation of and confidence in 
United Nations peacekeeping operations is to be re-
stored, fundamental and far-reaching reforms, par-
ticularly in the areas of planning, management, 
training, conduct, and discipline, must be imple-
mented without delay.
425
SEC. 1252. STATEMENT OF POLICY RELATING TO REFORM 
OF UNITED NATIONS PEACEKEEPING OPER-
ATIONS. 
It shall be the policy of the United States to pursue 
reform of United Nations peacekeeping operations in the 
following areas: 
(1) PLANNING AND MANAGEMENT.—
(A) GLOBAL
AUDIT.—As the size, cost, 
and number of United Nations peacekeeping 
operations have increased substantially over the 
past decade, an independent audit of each such 
operation, with a view toward ‘‘right-sizing’’ op-
erations and ensuring that such operations are 
cost effective, should be conducted and its find-
ings reported to the Security Council. 
(B) REVIEW OF MANDATES AND CLOSING 
OPERATIONS.—In conjunction with the audit 
described in subparagraph (A), the United Na-
tions Department of Peacekeeping Operations 
should conduct a comprehensive review of all 
United Nations peacekeeping operation man-
dates, with a view toward identifying objectives 
that are practical and achievable, and report its 
findings to the Security Council. In particular, 
the review should consider the following:
426
(i) Activities that fall beyond the 
scope of traditional peacekeeping activities 
should be delegated to a new Peacebuilding 
Commission, described in paragraph (3). 
(ii) Long-standing operations that are 
static and cannot fulfill their mandate 
should be downsized or closed. 
(iii) Where there is legitimate concern 
that the withdrawal from a country of an 
otherwise static United Nations peace-
keeping operation would result in the re-
sumption of major conflict, a burden-shar-
ing arrangement that reduces the level of 
assessed contributions, similar to that cur-
rently supporting the United Nations 
Peacekeeping Force in Cyprus, should be 
explored and instituted. 
(C) LEADERSHIP.—As peacekeeping oper-
ations become larger and increasingly complex, 
the Secretariat should adopt a minimum stand-
ard of qualifications for senior leaders and 
managers, with particular emphasis on specific 
skills and experience, and current senior leaders 
and managers who do not meet those standards 
should be removed or reassigned.
427
(D) PRE-DEPLOYMENT
TRAINING.—Pre-
deployment training on interpretation of the 
mandate of the operation, specifically in the 
areas of use of force, civilian protection and 
field conditions, the Code of Conduct, HIV/
AIDS, and human rights should be mandatory, 
and all personnel, regardless of category or 
rank, should be required to sign an oath that 
each has received and understands such train-
ing as a condition of participation in the oper-
ation. 
(E) GRATIS MILITARY PERSONNEL.—The 
General Assembly should lift restrictions on the 
utilization at the headquarters in New York, 
the United States, of the Department of Peace-
keeping Operations of gratis military personnel 
by the Department so that the Department may 
accept secondments from Member States of 
military personnel with expertise in mission 
planning, logistics, and other operational spe-
cialties. 
(2) CONDUCT AND DISCIPLINE.—
(A) ADOPTION OF A UNIFORM CODE OF 
CONDUCT.—A single, uniform Code of Conduct 
that has the status of a binding rule and ap-
428
plies equally to all personnel serving in United 
Nations peacekeeping operations, regardless of 
category or rank, should be promulgated, adopt-
ed, and enforced. 
(B) UNDERSTANDING THE CODE OF CON-
DUCT.—All personnel, regardless of category or 
rank, should receive training on the Code of 
Conduct prior to deployment with a peace-
keeping operation, in addition to periodic fol-
low-on training. In particular—
(i) all personnel, regardless of cat-
egory or rank, should be provided with a 
personal copy of the Code of Conduct that 
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-
429
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-
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-
430
partment of Peacekeeping Operations, and 
the Associate Director of OIOS for Peace-
keeping Operations (established under sec-
tion 1114(b)(9)); 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 
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-
431
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, 
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-
432
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 
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.
433
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-
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
434
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-
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.
435
(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 
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,
436
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 
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.
437
(D) RESOURCES.—The establishment of 
the Peacebuilding Commission and the related 
Peacebuilding Support Office, should be staffed 
within existing resources. 
SEC. 1253. 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 
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
438
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 
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
439
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 
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.
440
(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 
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;
441
(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 
(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.
442
SEC. 1254. RULE OF CONSTRUCTION RELATING TO PROTEC-
TION OF UNITED STATES OFFICIALS AND 
MEMBERS OF THE ARMED FORCES. 
Nothing in this subtitle shall be construed as super-
seding the Uniform Code of Military Justice or operating 
to effect the surrender of United States officials or mem-
bers of the Armed Forces to a foreign country or inter-
national tribunal, including the International Criminal 
Court, for prosecutions arising from peacekeeping oper-
ations or other similar United Nations-related activity, 
and nothing in this subtitle shall be interpreted in a man-
ner inconsistent with the American Servicemembers’ Pro-
tection Act of 2002 (title II of the 2002 Supplemental Ap-
propriations Act for Further Recovery From and Re-
sponse To Terrorist Attacks on the United States; Public 
Law 107–206). 
Subtitle E—Department of State 
and Government Accountability 
Office 
SEC. 1261. 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.
443
SEC. 1262. 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. 
(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.
444
SEC. 1263. REVIEW AND REPORT. 
Not later than six 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 
1111(c) of this title. 
SEC. 1264. 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 title.
445
(b) REPORT ON DEPARTMENT OF STATE CERTIFI-
CATIONS.—Not later than six months after each certifi-
cation submitted by the Secretary of State to the appro-
priate congressional committees under this title and sub-
section (d)(3) of section 11 of the United Nations Partici-
pation Act of 1945 (as amended by section 1111(c) of this 
title), 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 six months after the date of 
the enactment of this Act, the Comptroller General shall 
submit to the Committee on International Relations of the 
House of Representatives, the Committee on Foreign Re-
lations of the Senate, the Committee on Appropriations 
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-
446
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. 
Subtitle F—Certifications and 
Withholding of Contributions 
SEC. 1271. 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 
Participation Act of 1945 (as amended by section 
1111(c) of this title) and section 1113, sections 
1114(a) through 1114(e), section 1114(g), section 
1123, section 1124, sections 1131(c) and 1131(e), 
section 1132, and section 1133 of this title are cer-
tifications submitted to the appropriate congres-
sional committees by the Secretary of State that the 
requirements of each such section have been satis-
fied with respect to reform of the United Nations.
447
(2) ALTERNATE CERTIFICATION MECHANISM.—
(A) IN GENERAL.—Except as provided in 
paragraph (3), in the event that the Secretary 
is unable to submit a certification in accordance 
with paragraph (1), the Secretary may submit 
to the appropriate congressional committees, in 
accordance with subparagraph (B), an alternate 
certification that certifies that the requirements 
of the section to which the original certification 
applies have been implemented through reforms 
that are substantially similar to the require-
ments of such section or accomplish the same 
purposes as the requirements of such section. 
(B) EQUIVALENCY.—Reforms are substan-
tially similar or accomplish the same purposes 
if—
(i) such reforms are formally adopted 
in written form by the entity or committee 
of the United Nations or of its specialized 
agency that has authority to enact or im-
plement such reforms or are issued by the 
Secretariat or the appropriate entity or 
committee in written form; and 
(ii) such reforms are not identical to 
the reforms required by a particular cer-
448
tification but in the determination of the 
Secretary will have the same, or nearly the 
same effect, as such reforms. 
(C) WRITTEN
JUSTIFICATION
AND
CON-
SULTATION.—
(i) WRITTEN
JUSTIFICATION.—Not 
later than 30 days before submitting an al-
ternate certification in accordance with 
subparagraph (A), the Secretary shall sub-
mit to the appropriate congressional com-
mittees a written justification explaining in 
detail the basis for such alternate certifi-
cation. 
(ii) CONSULTATION.—After the Sec-
retary has submitted the written justifica-
tion under clause (i), but no later than 15 
days before the Secretary exercises the al-
ternate certification mechanism described 
under subparagraph (A), the Secretary 
shall consult with the appropriate congres-
sional committees regarding such exercise. 
(3) LIMITED
EXCEPTION
FOR
SUBSTANTIAL 
COMPLIANCE.—
(A) SUBSTANTIAL
COMPLIANCE.—Subject 
to subparagraph (B), if at least 32 of the 46
449
reforms represented by the 14 certifications 
specified under paragraph (1) have been imple-
mented, 
all 
such 
reforms 
(including 
the 
unimplemented reforms) so represented shall be 
deemed to have been implemented for the year 
in which the Secretary submits such certifi-
cations. 
(B) MANDATORY
IMPLEMENTATION
OF 
CERTAIN REFORMS.—
(i) IN GENERAL.—The provisions of 
subparagraph (A) shall not apply unless 
the reforms under the following sections 
have been implemented for the year to 
which subparagraph (A) applies: 
(I) Subsection (d)(3) of section 
11 of the United Nations Participa-
tion Act of 1945 (as amended by sec-
tion 1111(c) of this title). 
(II) Section 1113(b)(1)(A). 
(III) Section 1113(b)(2)(D). 
(IV) Section 1114(a)(1). 
(V) Section 1114(a)(6). 
(VI) Section 1114(b)(1). 
(VII) Section 1114(b)(2). 
(VIII) Section 1114(c)(1).