S.Amdt. 331

1. Adds SEC. 405. UNITED NATIONS REFORM at the end of title IV

   Adds a section

   In S. 600 · Reported to Senate

   (2) the Secretary should instruct any United States representative to the United Nations to use the voice and vote of the United States to seek to enact significant and necessary changes to improve the accountability and increase the transparency of the United Nations processes, including in its peacekeeping missions around the world, as part of the follow- up to the 2005 United Nations report on reform initiatives entitled "The Report of the Secretary-General's High-level Panel on Threats, Challenges and Change".

   Inserted: SEC. 405. UNITED NATIONS REFORM.

   Inserted: (a) Policy Statements.--It shall be the policy of the United States to use its voice, vote and influence--

   Inserted: (1) to strengthen the effectiveness and independence of the United Nations Office of Internal Oversight Service;

   Inserted: (2) to ensure a credible, respectable Human Rights organization within the United Nations whose participating members uphold the values enumerated in the 30 articles of the Universal Declaration of Human Rights;

   Inserted: (3) to urge the United Nations to implement management reforms to improve its operational ability and utility, including--

   Inserted: (A) the adoption of a General Assembly resolution that provides for the automatic sunsetting of all United Nations programs, projects, or activities without explicit reauthorization by the General Assembly and the inclusion of a sunset provision in every new General Assembly resolution that establishes a program, project, or activity; and

   Inserted: (B) the adoption of a General Assembly resolution that prevents growth in the total number of United Nations personnel or positions, including outside contractors, from the number that are currently employed or contracted by the United Nations as of the date of the enactment of this Act; and

   Inserted: (4) to actively pursue weighted voting on budgetary and financial matters both in the Administrative and Budgetary Committee and the General Assembly of the United Nations in accordance with the level of financial contributions of the Member States to the regular budget of the United Nations.

   Inserted: (b) Withholding of Contributions.--Fifty percent of the funds made available in each fiscal year for the assessed contribution of the United States to the United Nations regular budget shall be withheld from obligation and expenditure until the Secretary has submitted to the appropriate congressional committees the certification described in subsection (c) and the report described in subsection (d).

   Inserted: (c) Certification.--The Secretary shall certify to the appropriate congressional committees that the following conditions have been met:

   Inserted: (1) The United Nations has met the requirements under paragraphs (1) through (6) of section 401(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 446).

   Inserted: (2) The United Nations Office of Internal Oversight Service has fulfilled the directive in General Assembly Resolution 48/218B to make all of its reports available to the General Assembly, with modifications to those reports that would violate confidentiality or the due process rights of individuals involved in any investigation.

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   Inserted: (3) The United Nations Office of Internal Oversight Service is not subject to the budget or organizational authority of any entity within the United Nations other than the Secretary-General for purposes of nomination of its Director.

   Inserted: (4) The United Nations Office of Internal Oversight Service receives the totality of operational and budgetary resources through appropriations by the United Nations General Assembly and is not dependent upon any other bureau, division, department, or specialized agency of the United Nations for such funding.

   Inserted: (5) Any official of any bureau, division, department, or specialized agency of the United Nations, including the Secretary-General, may make a recommendation to the United Nations Office of Internal Oversight Service to initiate an investigation of any aspect of the United Nations system.

   Inserted: (6) The United Nations Office of Internal Oversight Service has the authority to audit, inspect, or investigate each program, project, or activity funded by the United Nations, including the Secretary-General, and each executive board created under the United Nations has been notified in writing of that authority.

   Inserted: (7) The United Nations Office of Internal Oversight Service Director is authorized to accept informational leads and testimony on allegations of wrongdoing by United Nations officials and entities pursuant to or initiating a formal Office of Internal Oversight Service investigation.

   Inserted: (8) The following human rights reforms have been adopted by the United Nations:

   Inserted: (A) Any Member State of the United Nations that fails to uphold the values enumerated in the 30 articles of the Universal Declaration of Human Rights shall be ineligible for membership on any United Nations human rights body.

   Inserted: (B) Any Member State that is subject to sanctions by the United Nations Security Council shall be ineligible for membership on any United Nations human rights body.

   Inserted: (C) Any Member State that is currently subject to an agenda item 9 country-specific resolution or has been the subject of an item 9 country-specific resolution within the last 2 years shall be ineligible for membership on any United Nations human rights body.

   Inserted: (D) Any Member State that violates the principles of a United Nations human rights body it aspires to join shall be ineligible for membership on such body.

   Inserted: (E) Agenda item 8 is abolished.

   Inserted: (9) The Office of the High Commissioner on Human Rights has been given greater authority in field operation activities, such as in Darfur and the Democratic Republic of the Congo, in furtherance of the purpose and mission of the United Nations.

   Inserted: (d) Report on United Nations Reform.--

   Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees on United Nations reform.

   Inserted: (2) Content.--The report required under paragraph (1) shall describe--

   Inserted: (A) the status of the implementation of management reforms within the United Nations and its specialized agencies;

   Inserted: (B) the number of outputs, reports, or other items generated by General Assembly resolutions that have been eliminated, including those that were eliminated as a result of the results based budgeting process;

   Inserted: (C) the continued utility and relevance of the Economic and Financial Committee and the Social, Humanitarian, and Cultural Committee, given the duplicative agendas of those committees and the Economic and Social Council;

   Inserted: (D) the extent to which the Board of External Auditors is an independent entity within the United Nations and not subject to the budget authority or organizational authority of any authority within the United Nations other than the Secretary-General for purposes of nomination of its Director;

   Inserted: (E) the need for a United Nations Office of Special Investigator to investigate senior United Nations officials or allegations of serious misconduct involving United Nations activities in circumstances where an investigator independent of the United Nations is necessary to maintain public confidence in the integrity of the investigation; and

   Inserted: (F) the need for an independent United Nations Ethics Office within the United Nations to establish and monitor general rules of ethics and conduct, including the program of financial disclosure.

   Inserted: (e) Peacekeeping Contributions.--

   Inserted: (1) Withholding of funds.--Beginning 90 days after the date of the enactment of this Act, 50 percent of the funds made available in each fiscal year for the assessed contribution of the United States to the United Nations peacekeeping operations budget shall be withheld from obligation and expenditure unless the certification described in paragraph (2) has been transmitted to the appropriate congressional committees.

   Inserted: (2) Certification.--The Secretary of State shall certify to the appropriate congressional committees that the following reforms have been instituted by the United Nations Department of Peacekeeping Operations:

   Inserted: (A) Adoption of a uniform Code of Conduct for United Nations peacekeeping operations that applies equally to all military and civilian personnel, regardless of category, which would include measures to prevent the employees, contractor personnel, and peacekeeping forces of the United Nations from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation.

   Inserted: (B) Mechanisms for the enforcement of the Code of Conduct described in subparagraph (A) have been implemented, including--

   Inserted: (i) the compilation and maintenance of a data base to track violators of the Code of Conduct in order to ensure that they may never again serve in a United Nations peacekeeping operation;

   Inserted: (ii) the inclusion of provisions for the conduct of court martial proceedings while violators are still in-country in each Status of Forces Agreement (SOFA) or other official document creating, outlining, or governing the peacekeeping operation;

   Inserted: (iii) the creation of a model Memorandum of Understanding between the United Nations and each troop contributing country which requires each troop contributing country to refer any investigation of a violation of the Code of Conduct or other criminal activity by its nationals to its competent national or military authority for prosecution; and

   Inserted: (iv) the establishment of performance evaluations for program managers and area commanders that includes an assessment of efforts to prevent and address allegations of abuse of the Code of Conduct or other criminal activities by those under their authority.

   Inserted: (C) An independent investigative and audit function has been established within each United Nations peacekeeping mission.

   Inserted: (3) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the appropriate congressional committees detailing--

   Inserted: (A) the financial compensation provided by the United Nations to countries that contribute troops to United Nations peacekeeping operations for each current peacekeeping mission in operation;

   Inserted: (B) the financial compensation each troop contributing country provides to individual peacekeepers who participate in United Nations peacekeeping operations; and

   Inserted: (C) the amount of money that the United Nations contributes to troop contributing countries to United Nations peacekeeping operations that is not directly provided to individuals serving in United Nations peacekeeping operations.

   Original wording

   At the end of title IV, add the following new section:

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As printed