H. R. 1757—110
SEC. 2207. SENSE OF THE CONGRESS REGARDING COMPLIANCE WITH
CHILD AND SPOUSAL SUPPORT OBLIGATIONS BY UNITED
NATIONS PERSONNEL.
(a) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) all United Nations staff, including diplomats, should
comply with binding United States Federal, State, and local
court orders regarding child and spousal support obligations;
(2) the internal regulations of the United Nations allows—
(A) the United Nations to release staff salary informa-
tion to the courts in spousal and child support cases;
(B) the Secretary General to authorize deduction of
dependency related allowances from staff salary; and
(C) the United Nations to cooperate with appropriate
authorities to facilitate proper legal or judicial resolution
of the family’s claim.
(b) CONGRESSIONAL STATEMENT.—The Secretary of State should
urge the United Nations to comply fully with regulations regarding
compliance with child and spousal support obligations by United
Nations personnel, in a timely manner and to the fullest extent
possible.
TITLE XXIII—ARREARS PAYMENTS AND
REFORM
CHAPTER 1—ARREARAGES TO THE UNITED NATIONS
Subchapter A—Authorization of Appropriations; Obligation
and Expenditure of Funds
SEC. 2301. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
the Department of State for payment of arrearages owed by the
United States described in subsection (b) as of September 30, 1997—
(1) $100,000,000 for fiscal year 1998;
(2) $475,000,000 for fiscal year 1999; and
(3) $244,000,000 for fiscal year 2000.
(b) LIMITATION.—Amounts made available under subsection (a)
are authorized to be available only—
(1) to pay the United States share of assessments for the
regular budget of the United Nations;
(2) to pay the United States share of United Nations peace-
keeping operations;
(3) to pay the United States share of United Nations
specialized agencies; and
(4) to pay the United States share of other international
organizations.
(c) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant
to subsection (a) are authorized to remain available until expended.
(d) STATUTORY CONSTRUCTION.—For purposes of payments
made pursuant to subsection (a), section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103–236) shall not apply to United Nations peacekeeping oper-
ation assessments received by the United States prior to October
1, 1995.
H. R. 1757—111
SEC. 2302. OBLIGATION AND EXPENDITURE OF FUNDS.
(a) IN GENERAL.—Funds made available pursuant to section
2301 may be obligated and expended only if the requirements
of subsections (b) and (c) of this section are satisfied.
(b) OBLIGATION
AND EXPENDITURE UPON SATISFACTION
OF
CERTIFICATION REQUIREMENTS.—Subject to subsection (e), funds
made available pursuant to section 2301 may be obligated and
expended only in the following allotments and upon the following
certifications:
(1) Amounts authorized to be appropriated for fiscal year
1998, upon the certification described in section 2311.
(2) Amounts authorized to be appropriated for fiscal year
1999, upon the certification described in section 2321.
(3) Amounts authorized to be appropriated for fiscal year
2000, upon the certification described in section 2331.
(c) ADVANCE
CONGRESSIONAL
NOTIFICATION.—Funds made
available pursuant to section 2301 may be obligated and expended
only if the appropriate certification has been submitted to the
appropriate congressional committees 30 days prior to the payment
of the funds.
(d) TRANSMITTAL
OF
CERTIFICATIONS.—Certifications made
under this chapter shall be transmitted by the Secretary of State
to the appropriate congressional committees.
(e) WAIVER AUTHORITY.—
(1) FISCAL YEAR 1999 FUNDS.—Subject to paragraph (3) and
notwithstanding subsection (b), funds made available under
section 2301 may be obligated or expended pursuant to sub-
section (b)(2) even if the Secretary of State cannot certify that
one of the following three conditions has been satisfied:
(A) The condition described in section 2321(b)(1).
(B) The condition described in section 2321(b)(4).
(C) The condition described in section 2321(b)(5).
(2) FISCAL YEAR 2000 FUNDS.—Subject to paragraph (3) and
notwithstanding subsection (b), funds made available under
section 2301 may be obligated or expended pursuant to sub-
section (b)(3) even if the Secretary of State cannot certify that
one of the following seven conditions has been satisfied: A
condition described in paragraph (3), (4), (5), (6), (7), (8), or
(9) of section 2331(b).
(3) REQUIREMENTS.—
(A) IN GENERAL.—The authority to waive a condition
under paragraph (1) or (2) of this subsection may be exer-
cised only if—
(i) the Secretary of State determines that substan-
tial progress towards satisfying the condition has been
made and that the expenditure of funds pursuant to
that paragraph is important to the interests of the
United States; and
(ii) the Secretary of State has notified, and con-
sulted with, the appropriate congressional committees
prior to exercising the authority.
(B) EFFECT
ON
SUBSEQUENT
CERTIFICATION.—If the
Secretary of State exercises the authority of paragraph
(1) with respect to a condition, such condition shall be
deemed to have been satisfied for purposes of making any
certification under section 2331.
H. R. 1757—112
(4) ADDITIONAL REQUIREMENT.—If the authority to waive
a condition under paragraph (1)(A) is exercised, the Secretary
of State shall notify the United Nations that the Congress
does not consider the United States obligated to pay, and does
not intend to pay, arrearages that have not been included
in the contested arrearages account or other mechanism
described in section 2321(b)(1).
SEC. 2303. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS
TO THE UNITED STATES.
(a) FORGIVENESS OF INDEBTEDNESS.—Subject to subsection (b),
the President is authorized to forgive or reduce any amount owed
by the United Nations to the United States as a reimbursement,
including any reimbursement payable under the Foreign Assistance
Act of 1961 or the United Nations Participation Act of 1945.
(b) LIMITATIONS.—
(1) TOTAL
AMOUNT.—The total of amounts forgiven or
reduced under subsection (a) may not exceed $107,000,000.
(2) RELATION TO UNITED STATES ARREARAGES.—Amounts
shall be forgiven or reduced under this section only to the
same extent as the United Nations forgives or reduces amounts
owed by the United States to the United Nations as of Septem-
ber 30, 1997.
(c) REQUIREMENTS.—The authority in subsection (a) shall be
available only to the extent and in the amounts provided in advance
in appropriations Acts.
(d) CONGRESSIONAL
NOTIFICATION.—Before exercising any
authority in subsection (a), the President shall notify the
appropriate congressional committees in accordance with the same
procedures as are applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394–1).
(e) EFFECTIVE DATE.—This section shall take effect on the
later of—
(1) the date a certification is transmitted to the appropriate
congressional committees under section 2331; or
(2) October 1, 1999.
Subchapter B—United States Sovereignty
SEC. 2311. CERTIFICATION REQUIREMENTS.
(a) CONTENTS OF CERTIFICATION.—A certification described in
this section is a certification by the Secretary of State that the
following conditions are satisfied:
(1) SUPREMACY
OF
THE
UNITED
STATES
CONSTITUTION.—
No action has been taken by the United Nations or any of
its specialized or affiliated agencies that requires the United
States to violate the United States Constitution or any law
of the United States.
(2) NO UNITED NATIONS SOVEREIGNTY.—Neither the United
Nations nor any of its specialized or affiliated agencies—
(A) 
has 
exercised 
sovereignty 
over 
the 
United
States; or
(B) has taken any steps that require the United States
to cede sovereignty.
(3) NO UNITED NATIONS TAXATION.—
H. R. 1757—113
(A) NO
LEGAL
AUTHORITY.—Except as provided in
subparagraph (D), neither the United Nations nor any
of its specialized or affiliated agencies has the authority
under United States law to impose taxes or fees on United
States nationals.
(B) NO TAXES OR FEES.—Except as provided in subpara-
graph (D), a tax or fee has not been imposed on any
United States national by the United Nations or any of
its specialized or affiliated agencies.
(C) NO TAXATION PROPOSALS.—Except as provided in
subparagraph (D), neither the United Nations nor any
of its specialized or affiliated agencies has, on or after
October 1, 1996, officially approved any formal effort to
develop, advocate, or promote any proposal concerning the
imposition of a tax or fee on any United States national
in order to raise revenue for the United Nations or any
such agency.
(D) EXCEPTION.—This paragraph does not apply to—
(i) fees for publications or other kinds of fees that
are not tantamount to a tax on United States citizens;
(ii) the World Intellectual Property Organi-
zation; or
(iii) the staff assessment costs of the United
Nations and its specialized or affiliated agencies.
(4) NO STANDING ARMY.—The United Nations has not, on
or after October 1, 1996, budgeted any funds for, nor taken
any official steps to develop, create, or establish any special
agreement under Article 43 of the United Nations Charter
to make available to the United Nations, on its call, the armed
forces of any member of the United Nations.
(5) NO INTEREST FEES.—The United Nations has not, on
or after October 1, 1996, levied interest penalties against the
United States or any interest on arrearages on the annual
assessment of the United States, and neither the United
Nations nor its specialized agencies have, on or after October
1, 1996, amended their financial regulations or taken any other
action that would permit interest penalties to be levied against
the United States or otherwise charge the United States any
interest on arrearages on its annual assessment.
(6) UNITED STATES REAL PROPERTY RIGHTS.—Neither the
United Nations nor any of its specialized or affiliated agencies
has exercised authority or control over any United States
national park, wildlife preserve, monument, or real property,
nor has the United Nations nor any of its specialized or affili-
ated agencies implemented plans, regulations, programs, or
agreements that exercise control or authority over the private
real property of United States citizens located in the United
States without the approval of the property owner.
(7) TERMINATION OF BORROWING AUTHORITY.—
(A) PROHIBITION
ON
AUTHORIZATION
OF
EXTERNAL
BORROWING.—On or after the date of the enactment of
this Act, neither the United Nations nor any specialized
agency of the United Nations has amended its financial
regulations to permit external borrowing.
(B) PROHIBITION
OF
UNITED
STATES
PAYMENT
OF
INTEREST COSTS.—The United States has not, on or after
October 1, 1984, paid its share of any interest costs made
H. R. 1757—114
known to or identified by the United States Government
for loans incurred, on or after October 1, 1984, by the
United Nations or any specialized agency of the United
Nations through external borrowing.
(b) TRANSMITTAL.—The Secretary of State may transmit a cer-
tification under subsection (a) at any time during fiscal year 1998
or thereafter if the requirements of the certification are satisfied.
Subchapter C—Reform of Assessments and United Nations
Peacekeeping Operations
SEC. 2321. CERTIFICATION REQUIREMENTS.
(a) IN GENERAL.—A certification described in this section is
a certification by the Secretary of State that the conditions in
subsection (b) are satisfied. Such certification shall not be made
by the Secretary if the Secretary determines that any of the condi-
tions set forth in section 2311 are no longer satisfied.
(b) CONDITIONS.—The conditions under this subsection are the
following:
(1) CONTESTED
ARREARAGES.—The United Nations has
established an account or other appropriate mechanism with
respect to all United States arrearages incurred before the
date of the enactment of this Act with respect to which pay-
ments are not authorized by this Act, and the failure to pay
amounts specified in the account do not affect the application
of Article 19 of the Charter of the United Nations. The account
established under this paragraph may be referred to as the
‘‘contested arrearages account’’.
(2) LIMITATION ON ASSESSED SHARE OF BUDGET FOR UNITED
NATIONS
PEACEKEEPING
OPERATIONS.—The assessed share of
the budget for each assessed United Nations peacekeeping oper-
ation does not exceed 25 percent for any single United Nations
member.
(3) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET
FOR THE DESIGNATED SPECIALIZED AGENCIES.—The share of the
total of all assessed contributions for the regular budget of
the United Nations or any designated specialized agency does
not exceed 22 percent for any single United Nations member.
(4) REVIEW
OF
REGULAR
BUDGET-FUNDED
PEACE
OPER-
ATIONS.—The mandates of the United Nations Truce Super-
vision Organization (UNTSO) and the United Nations Military
Observer Group in India and Pakistan (UNMOGIP) are
reviewed annually by the Security Council, and are subject
to the notification requirements pursuant to section 4(e) of
the United Nations Participation Act of 1945, as amended
by section 2102(b) of this Act.
(5) PROCUREMENT.—
(A) PROHIBITION ON PUNITIVE ACTIONS.—The United
Nations has implemented a system that prohibits punitive
actions, such as suspension of contract eligibility against
contractors on the basis that they have challenged contract
awards or complained about delayed payments.
(B) PUBLIC
ANNOUNCEMENT
OF
CERTAIN
CONTRACT
AWARDS.—The United Nations has implemented a system
for public announcement of the award of any contract over
$100,000.
H. R. 1757—115
(C) NOTIFICATION
OF
UNSUCCESSFUL
BIDDERS.—The
United Nations has implemented a system to notify
unsuccessful bidders for contracts and to provide an expla-
nation upon request of the reason for rejection of their
bids.
(D) PERIODIC
REPORTING
TO
UNITED
NATIONS
MEM-
BERS.—The United Nations reports to all United Nations
members on a regular basis the value and a brief descrip-
tion of local procurement contracts awarded in excess of
$70,000.
Subchapter D—Budget and Personnel Reform
SEC. 2331. CERTIFICATION REQUIREMENTS.
(a) IN GENERAL.—A certification described in this section is
a certification by the Secretary of State that the following conditions
in subsection (b) are satisfied. Such certification shall not be made
by the Secretary if the Secretary determines that any of the condi-
tions set forth in sections 2311 and 2321 are no longer satisfied.
(b) CONDITIONS.—The conditions under this subsection are the
following:
(1) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET.—
The share of the total of all assessed contributions for the
regular budget of the United Nations, or any designated special-
ized agency of the United Nations, does not exceed 20 percent
for any single United Nations member.
(2) INSPECTORS GENERAL FOR CERTAIN ORGANIZATIONS.—
(A) ESTABLISHMENT
OF
OFFICES.—Each designated
specialized agency has established an independent office
of inspector general to conduct and supervise objective
audits, inspections, and investigations relating to the pro-
grams and operations of the organization.
(B) APPOINTMENT OF INSPECTORS GENERAL.—The Direc-
tor General of each designated specialized agency has
appointed an inspector general, with the approval of the
member states, and that appointment was made principally
on the basis of the appointee’s integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investiga-
tions.
(C) ASSIGNED
FUNCTIONS.—Each inspector general
appointed under subparagraph (A) is authorized to—
(i) make investigations and reports relating to the
administration of the programs and operations of the
agency concerned;
(ii) have access to all records, documents, and other
available materials relating to those programs and
operations of the agency concerned; and
(iii) have direct and prompt access to any official
of the agency concerned.
(D) COMPLAINTS.—Each designated specialized agency
has procedures in place designed to protect the identity
of, and to prevent reprisals against, any staff member
making a complaint or disclosing information to, or
cooperating in any investigation or inspection by, the
inspector general of the agency.
H. R. 1757—116
(E) COMPLIANCE WITH RECOMMENDATIONS.—Each des-
ignated specialized agency has in place procedures designed
to ensure compliance with the recommendations of the
inspector general of the agency.
(F) 
AVAILABILITY
OF
REPORTS.—Each 
designated
specialized agency has in place procedures to ensure that
all annual and other relevant reports submitted by the
inspector general to the agency are made available to the
member states without modification except to the extent
necessary to protect the privacy rights of individuals.
(3) NEW BUDGET PROCEDURES FOR THE UNITED NATIONS.—
The United Nations has established and is implementing
budget procedures that—
(A) require the maintenance of a budget not in excess
of the level agreed to by the General Assembly at the
beginning of each United Nations budgetary biennium,
unless increases are agreed to by consensus; and
(B) require the systemwide identification of expendi-
tures by functional categories such as personnel, travel,
and equipment.
(4) 
SUNSET
POLICY
FOR
CERTAIN
UNITED
NATIONS
PROGRAMS.—
(A) EXISTING AUTHORITY.—The Secretary General and
the Director General of each designated specialized agency
have used their existing authorities to require program
managers within the United Nations Secretariat and the
Secretariats of the designated specialized agencies to con-
duct evaluations of United Nations programs approved by
the General Assembly and of programs of the designated
specialized agencies in accordance with the standardized
methodology referred to in subparagraph (B).
(B) DEVELOPMENT OF EVALUATION CRITERIA.—
(i) UNITED NATIONS.—The Office of Internal Over-
sight Services has developed a standardized methodol-
ogy for the evaluation of United Nations programs
approved by the General Assembly, including specific
criteria for determining the continuing relevance and
effectiveness of the programs.
(ii) 
DESIGNATED
SPECIALIZED
AGENCIES.—
Patterned on the work of the Office of Internal Over-
sight Services of the United Nations, each designated
specialized agency has developed a standardized meth-
odology for the evaluation of programs of designated
specialized agencies, including specific criteria for
determining the continuing relevance and effectiveness
of the programs.
(C) PROCEDURES.—Consistent with the July 16, 1997,
recommendations of the Secretary General of the United
Nations regarding a sunset policy and results-based budget-
ing for United Nations programs, the United Nations and
each designated specialized agency has established and
is implementing procedures—
(i) requiring the Secretary General or the Director
General of the agency, as the case may be, to report
on the results of evaluations referred to in this para-
graph, including the identification of programs that
have met criteria for continuing relevance and
H. R. 1757—117
effectiveness and proposals to terminate or modify pro-
grams that have not met such criteria; and
(ii) authorizing an appropriate body within the
United Nations or the agency, as the case may be,
to review each evaluation referred to in this paragraph
and report to the General Assembly on means of
improving the program concerned or on terminating
the program.
(D) UNITED STATES POLICY.—It shall be the policy of
the United States to seek adoption by the United Nations
of a resolution requiring that each United Nations program
approved by the General Assembly, and to seek adoption
by each designated specialized agency of a resolution
requiring that each program of the agency, be subject to
an evaluation referred to in this paragraph and have a
specific termination date so that the program will not be
renewed unless the evaluation demonstrates the continuing
relevance and effectiveness of the program.
(E) DEFINITION.—For purposes of this paragraph, the
term ‘‘United Nations program approved by the General
Assembly’’ means a program approved by the General
Assembly of the United Nations, which is administered
or funded by the United Nations.
(5) UNITED NATIONS ADVISORY COMMITTEE ON ADMINISTRA-
TIVE AND BUDGETARY QUESTIONS.—
(A) IN GENERAL.—The United States has a seat on
the United Nations Advisory Committee on Administrative
and Budgetary Questions or the five largest member
contributors each have a seat on the Advisory Committee.
(B) DEFINITION.—As used in this paragraph, the term
‘‘five largest member contributors’’ means the five United
Nations member states that, during a United Nations budg-
etary biennium, have more total assessed contributions
than any other United Nations member state to the aggre-
gate of the United Nations regular budget and the budget
(or budgets) for United Nations peacekeeping operations.
(6) ACCESS
BY
THE
GENERAL
ACCOUNTING
OFFICE.—The
United Nations has in effect procedures providing access by
the United States General Accounting Office to United Nations
financial data to assist the Office in performing nationally
mandated reviews of United Nations operations.
(7) PERSONNEL.—
(A) APPOINTMENT AND SERVICE OF PERSONNEL.—The
Secretary General—
(i) has established and is implementing procedures
that ensure that staff employed by the United Nations
is appointed on the basis of merit consistent with Arti-
cle 101 of the United Nations Charter; and
(ii) is enforcing those contractual obligations
requiring worldwide availability of all professional staff
of the United Nations to serve and be relocated based
on the needs of the United Nations.
(B) CODE OF CONDUCT.—The General Assembly has
adopted, and the Secretary General has the authority to
enforce and is effectively enforcing, a code of conduct bind-
ing on all United Nations personnel, including the require-
ment of financial disclosure statements binding on senior
H. R. 1757—118
United Nations personnel and the establishment of rules
against nepotism that are binding on all United Nations
personnel.
(C) PERSONNEL
EVALUATION
SYSTEM.—The United
Nations has adopted and is enforcing a personnel evalua-
tion system.
(D) PERIODIC ASSESSMENTS.—The United Nations has
established and is implementing a mechanism to conduct
periodic assessments of the United Nations payroll to deter-
mine total staffing, and the results of such assessments
are reported in an unabridged form to the General Assem-
bly.
(E) REVIEW OF UNITED NATIONS ALLOWANCE SYSTEM.—
The United States has completed a thorough review of
the United Nations personnel allowance system. The review
shall include a comparison of that system with the United
States civil service, and shall make recommendations to
reduce entitlements to allowances and allowance funding
levels from the levels in effect on January 1, 1998.
(8) REDUCTION IN BUDGET AUTHORITIES.—The designated
specialized agencies have achieved a negative growth budget
in their biennium budgets for 2000–01 from the 1998–99
biennium budget levels of the respective agencies.
(9) NEW
BUDGET
PROCEDURES
AND
FINANCIAL
REGULA-
TIONS.—Each designated specialized agency has established
procedures to—
(A) require the maintenance of a budget that does
not exceed the level agreed to by the member states of
the organization at the beginning of each budgetary
biennium, unless increases are agreed to by consensus;
(B) require the identification of expenditures by func-
tional categories such as personnel, travel, and equipment;
and
(C) require approval by the member states of the agen-
cy’s supplemental budget requests to the Secretariat in
advance of expenditures under those requests.
CHAPTER 2—MISCELLANEOUS PROVISIONS
SEC. 2341. STATUTORY CONSTRUCTION ON RELATION TO EXISTING
LAWS.
Except as otherwise specifically provided, nothing in this title
may be construed to make available funds in violation of any
provision of law containing a specific prohibition or restriction on
the use of the funds, including section 114 of the Department
of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C.
287e note) and section 151 of the Foreign Relations Authorization
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 287e note), and section
404 of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (22 U.S.C. 287e note).