Title I — H.R. 7939 (Introduced in House)

Sec. 101 Findings

Congress finds the following:

(1)

Article 100 of the United Nations Charter provides that United Nations Secretariat staff “shall not seek or receive instructions from any government or from any authority external to the Organization”.

(2)

Furthermore, it requires Member States to “respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities”.

(3)

For decades, Russia has manipulated the United Nations procurement process to its own benefit, especially in air assets. Russian nationals in key procurement and personnel positions inside the United Nations have repeatedly drafted procurement contracts designed to ensure that Russian airframes and pilots have an unfair advantage when bidding for these contracts.

(4)

According to Human Rights Watch, the People’s Republic of China (PRC) has used its leadership roles within the United Nations to block nongovernmental organizations critical of the PRC from being accredited to the U.N. PRC diplomats have violated U.N. rules by harassing activists by photographing and filming them on U.N. property, as well as contacting U.N. employees in efforts to intimidate and harass them.

(5)

In 2013, PRC authorities detained Cao Shunli after she tried to attend trainings in Geneva on the Human Rights Council. She was arrested at Beijing Airport and disappeared for several weeks. She had previously called on the Chinese Communist Party to work with civil society during the drafting of the PRC’s second Universal Periodic Review, a mechanism by which the U.N. Human Rights Council reviews the human rights record of Member States. After five and a half months in detention, she died in a military hospital in Beijing. When NGOs at the Human Rights Council called for a moment of silence in memory of Cao, the PRC delegation blocked the request.

(6)

In a 2019 interview with China Central Television, Wu Hongbo, the former Under-Secretary-General of the United Nations and head of the United Nations Department of Economic and Social Affairs (UNDESA), stated publicly that as a United Nations Employee, he prioritized the PRC’s interests above the impartiality of the United Nations system. When discussing how he demanded the United Nations police expel Dolkun Isa, an accredited nongovernmental organization (NGO) participant, from the United Nations headquarters, Wu Hongbo described him as a “Xinjiang separatist” and bragged about intimidating an Assistant Secretary-General who complained. He went on to say “I think being a Chinese diplomat means one can’t be careless, when it is about protecting China’s national interest and safety. We have to strongly defend the motherland’s interests.”.

(7)

Despite this action, Wu Hongbo was succeeded as Under-Secretary-General and head of UNDESA by Liu Zhenmin, another PRC national. Under-Secretary-General Liu continues to prioritize PRC national interests above the impartiality required in his role.

(8)

On September 19, 2019, the United States Department of State expelled two members of the Permanent Mission of Cuba to the United Nations for “attempts to conduct influence operations against the United States”.

Sec. 102 Statement of policy

It is the policy of the United States to—

(1)

identify, report, and hold accountable Member States who engage in malign influence operations and United Nations employees who act inconsistently with the principals of impartiality enshrined in the United Nations Charter;

(2)

oppose the election as the head of any United Nations entity of nationals from Member States conducting malign influence operations; and

(3)

support Taiwan’s membership or meaningful participation, as appropriate, in relevant United Nations entities in which Taiwan has expressed an interest in participating.

Sec. 103 Designation of senior official

The Secretary of State shall designate a Senate-confirmed senior level official of the United States Mission to the United Nations (US-UN) to provide guidance regarding implementation of the policies specified in section 102, fulfill the reporting requirements of section 104, and coordinate the implementation of this title within the United States Government.

Sec. 104 Report

(a)

In general— Not later than August 1, 2020, and annually thereafter for four years, the Secretary of State shall submit to the appropriate congressional committees an unclassified report, which may include a classified annex, regarding malign influence operations within the United Nations system.

(b)

Contents— Each report under subsection (a) shall include the following:

(1)

A list of Member States determined to be engaged in malign influence operations within the United Nations system.

(2)

Actions inconsistent with the principle of impartiality enshrined in the United Nations Charter by the government of these Member States.

(3)

A description of the impact of such operations on the interests and security of the United States.

Sec. 105 Implementation

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 implement the policies specified in section 102.

Sec. 106 Presidential actions in response to malign influence operations within the United Nations system

(a)

Policy— It shall be the policy of the United States to—

(1)

oppose malign influence operations that are or have been engaged in by the governments of Member States; and

(2)

promote respect for the impartiality and independence of the United Nations system in countries designated pursuant to subsection (b).

(b)

Designations of countries as malign global actors—

(1)

Annual review— Not later than September 1, 2020, and annually thereafter for four years, the President shall review the reports required under section 104 to determine whether the government of a country included in the most recent such report, in addition to any other available evidence or information, has engaged in malign influence operations that threatened the interests or security of the United States during the preceding 12 month period or since the date of the last review of that country under this subparagraph, whichever period is longer. The President shall designate each country the government of which has engaged in such operations that have so threatened the interests or security of the United States as a malign global actor.

(2)

Congressional notification— Whenever the President designates a country as a malign global actor under paragraph (1)(A), the President shall, as soon as practicable after such designation is made, transmit to the appropriate congressional committees such designation, including an explanation for why such designation was made.

Sec. 107 Report on accountability of senior level employees of the United Nations

No later than 90 days after the date of the enactment of this Act, the Secretary of State shall report to the appropriate congressional committees on feasible mechanisms and ongoing efforts to increase the accountability of senior level employees of the United Nations.

Title I — Countering Malign Influence Operations Within the United Nations System

I Countering Malign Influence Operations Within the United Nations System