Title III — Pub. L. 114-323

SEC. 301. Oversight of and Accountability for Peacekeeper Abuses.

(a)

Strategy To Ensure Reform and Accountability.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit, in unclassified form, to the appropriate congressional committees—

(1)

a United States strategy for combating sexual exploitation and abuse in United Nations peacekeeping operations; and

(2)

an implementation plan for achieving the objectives set forth in the strategy described in paragraph (1).

(b)

Objectives.— The objectives of the strategy required under subsection (a) shall be the following:

(1)

To dramatically reduce the incidence of sexual exploitation and abuse committed by civilian and military personnel assigned to United Nations peacekeeping operations.

(2)

To ensure the introduction and implementation by the United Nations of improved training, oversight, and accountability mechanisms for United Nations peacekeeping operations and the personnel involved with such operations.

(3)

To ensure swift justice for any such personnel who are found to have committed sexual exploitation or abuse.

(4)

To assist the United Nations and troop- or police-contributing countries, as necessary and appropriate, to improve their ability to prevent, identify, and prosecute sexual exploitation or abuse by personnel involved in peacekeeping operations.

(c)

Elements.— The strategy required under subsection (a) shall include the following elements and objectives:

(1)

The amendment of the model memorandum of understanding and review of all current memorandums of understanding for troop- or police-contributing countries participating in United Nations peacekeeping operations to strengthen provisions relating to the investigation, repatriation, prosecution, and discipline of troops or police that are credibly alleged to have engaged in cases of misconduct.

(2)

The establishment of onsite courts-martial, as appropriate, for the prosecution of crimes committed by military peacekeeping personnel, that is consistent with each peacekeeping operations’ status of forces agreement with its host country.

(3)

The exploration of appropriate arrangements to waive the immunity of civilian employees of the United Nations and its specialized agencies, funds, and programs to enable the prosecution of such employees who are credibly alleged to have engaged in sexual exploitation, abuse, or other crimes.

(4)

The creation of a United Nations Security Council ombudsman office that—

(A)

is authorized to conduct ongoing oversight of peacekeeping operations;

(B)

reports directly to the Security Council on—

(i)

offenses committed by peacekeeping personnel or United Nations civilian staff or volunteers; and

(ii)

the actions taken in response to such offenses; and

(C)

provides reports to the Security Council on the conduct of personnel in each peacekeeping operation not less frequently than annually and before the expiration or renewal of the mandate of any such peacekeeping operation.

(5)

The provision of guidance from the United Nations on the establishment of a standing claims commission for each peacekeeping operation—

(A)

to address any grievances by a host country’s civilian population against United Nations personnel in cases of alleged abuses by peacekeeping personnel; and

(B)

to provide means for the government of the country of which culpable United Nations peacekeeping or civilian personnel are nationals to compensate the victims of such crimes.

(6)

The adoption of a United Nations policy and plan that increases the number of troop- or police-contributing countries that—

(A)

obtain and maintain DNA samples from each national of such country who is a member of a United Nations military contingent or formed police unit, consistent with national laws, of such contingent or unit; and

(B)

make such DNA samples available to investigators from the troop- or police-contributing country (except that such should not be made available to the United Nations) if allegations of sexual exploitation or abuse arise.

(7)

The adoption of a United Nations policy that bars troop- or police-contributing countries that fail to fulfill their obligation to ensure good order and discipline among their troops from providing any further troops for peace operations or restricts peacekeeper reimbursements to such countries until appropriate training, institutional reform, and oversight mechanisms to prevent such problems from recurring have been put in place.

(8)

The implementation of appropriate risk reduction policies, including refusal by the United Nations to deploy uniformed personnel from any troop- or police-contributing country that does not adequately—

(A)

investigate allegations of sexual exploitation or abuse involving nationals of such country; and

(B)

ensure justice for those personnel determined to have been responsible for such sexual exploitation or abuse.

(d)

Implementation.— The United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations to advance the objectives of the strategy required by subsection (a).

(e)

Peacekeeping Training.— The United States should deny further United States peacekeeper training or related assistance, except for training specifically designed to reduce the incidence of sexual exploitation or abuse, or to assist in its identification or prosecution, to any troop- or police-contributing country that does not—

(1)

implement and maintain effective measures to enhance the discovery of sexual exploitation and abuse offenses committed by peacekeeping personnel who are nationals of such country;

(2)

adequately respond to complaints about such offenses by carrying out swift and effective disciplinary action against the personnel who are found to have committed such offenses; and

(3)

provide detailed reporting to the ombudsman described in subsection (c)(4) (or other appropriate United Nations official) that describes the offenses committed by the nationals of such country and such country’s responses to such offenses.

(f)

Assistance.— The United States should develop support mechanisms to assist troop- or police-contributing countries, as necessary and appropriate—

(1)

to improve their capacity to investigate allegations of sexual exploitation and abuse offenses committed by nationals of such countries while participating in a United Nations peacekeeping operation; and

(2)

to appropriately hold accountable any individual who commits an act of sexual exploitation or abuse.

(g)

Human Rights Reporting.— In coordination with the ombudsman described in subsection (c)(4) (or other appropriate United Nations official), the Secretary shall identify, in the Department’s annual country reports on human rights practices, the countries of origin of any peacekeeping personnel or units that—

(1)

are characterized by noteworthy patterns of sexual exploitation or abuse; or

(2)

have failed to institute appropriate institutional and procedural reforms after being made aware of any such patterns.

SEC. 302. Reimbursement of Contributing Countries.

It is the policy of the United States that—

(1)

the present formula for determining the troop reimbursement rate paid to troop- and police-contributing countries for United Nations peacekeeping operations should be clearly explained and made available to the public on the United Nations Department of Peacekeeping Operations website;

(2)

regular audits of the nationally-determined pay and benefits given to personnel from troop- and police-contributing countries participating in United Nations peacekeeping operations should be conducted to help inform the reimbursement rate referred to in paragraph (1); and

(3)

the survey mechanism developed by the United Nations Secretary General’s Senior Advisory Group on Peacekeeping Operations for collecting troop- and police-contributing country data on common and extraordinary expenses associated with deploying personnel to peacekeeping operations should be coordinated with the audits described in paragraph (2) to ensure proper oversight and accountability.

SEC. 303. Withholding of Assistance.

It is the policy of the United States that security assistance should not be provided to any unit of the security forces of a foreign country if such unit has engaged in a gross violation of human rights or in acts of sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation.

SEC. 304. United Nations Peacekeeping Assessment Formula.

The Secretary 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 urge the United Nations to share the raw data used to calculate Member State peacekeeping assessment rates and to make available the formula for determining peacekeeping assessments.

SEC. 305. Reimbursement or Application of Credits.

Notwithstanding any other provision of law, 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 seek and timely obtain a commitment from the United Nations to make available to the United States any peacekeeping credits that are generated from a closed peacekeeping operation.

SEC. 306. Report on United States Contributions to the United Nations Relating to Peacekeeping Operations.

(a)

In General.— Paragraph (1) of section 4(c) of the United Nations Participation Act of 1945 (22 U.S.C. 287b(c)) is amended—

(1)

by amending subparagraph (A) to read as follows:

“(A) A description of all assistance from the United States to the United Nations to support peacekeeping operations that—

“(i) was provided during the previous fiscal year;

“(ii) is expected to be provided during the fiscal year; or

“(iii) is included in the annual budget request to Congress for the forthcoming fiscal year.”

(2)

by amending subparagraph (D) to read as follows:

“(D) For assessed or voluntary contributions described in subparagraph (B)(iii) or (C)(iii) that exceed $100,000 in value, including in-kind contributions—

“(i) the total amount or estimated value of all such contributions to the United Nations and to each of its affiliated agencies and related bodies;

“(ii) the nature and estimated total value of all in-kind contributions in support of United Nations peacekeeping operations and other international peacekeeping operations, including—

“(I) logistics;

“(II) airlift;

“(III) arms and materiel;

“(IV) nonmilitary technology and equipment;

“(V) personnel; and

“(VI) training;

“(iii) the approximate percentage of all such contributions to the United Nations and to each such agency or body when compared with all contributions to the United Nations and to each such agency or body from any source; and

“(iv) for each such United States Government contribution to the United Nations and to each such agency or body—

“(I) the amount or value of the contribution;

“(II) a description of the contribution, including whether it is an assessed or voluntary contribution;

“(III) the purpose of the contribution;

“(IV) the department or agency of the United States Government responsible for the contribution; and

“(V) the United Nations or United Nations affiliated agency or related body that received the contribution.”

; and

(3)

by adding at the end the following new subparagraph:

“(E) The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.”

(b)

Public Availability of Information.— Not later than 14 days after submitting each report under section 4(c) of the United Nations Participation Act of 1945 (22 U.S.C. 287b(c)), the Director of the Office of Management and Budget shall post a text-based, searchable version of any unclassified information described in paragraph (1)(D) of such section (as amended by subsection (a) of this section) on a publicly available website.

SEC. 307. Whistleblower Protections for United Nations Personnel.

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—

(1)

call for the removal of any official of the United Nations or of any United Nations agency, program, commission, or fund who the Secretary has determined has failed to uphold the highest standards of ethics and integrity established by the United Nations, including such standards specified in United Nations Codes of Conduct and Codes of Ethics, or whose conduct, with respect to preventing sexual exploitation and abuse by United Nations peacekeepers, has resulted in the erosion of public confidence in the United Nations;

(2)

ensure that best practices with regard to whistleblower protections are extended to all personnel serving the United Nations or serving any United Nations agency, program, commission, or fund, especially personnel participating in United Nations peacekeeping operations, United Nations police officers, United Nations staff, contractors, and victims of misconduct, wrongdoing, or criminal behavior involving United Nations personnel;

(3)

ensure that the United Nations implements protective measures for whistleblowers who report significant allegations of misconduct, wrongdoing, or criminal behavior by personnel serving the United Nations or serving any United Nations agency, program, commission, or fund, especially personnel participating in United Nations peacekeeping operations, United Nations staff, or contractors, specifically by implementing best practices for the protection of such whistleblowers from retaliation, including—

(A)

protection against retaliation for internal and lawful public disclosures;

(B)

legal burdens of proof;

(C)

statutes of limitation for reporting retaliation;

(D)

access to independent adjudicative bodies, including external arbitration; and

(E)

results that eliminate the effects of proven retaliation;

(4)

insist that the United Nations provides adequate redress to any whistleblower who has suffered from retribution in violation of the protective measures specified in paragraph (3), including reinstatement to any position from which such whistleblower was wrongfully removed, or reassignment to a comparable position at the same level of pay, plus any compensation for any arrearage in salary to which such whistleblower would have otherwise been entitled but for the wrongful retribution;

(5)

call for public disclosure of the number and general description of—

(A)

complaints submitted to the United Nations’ Ethics Office, local Conduct and Discipline teams, or other entity designated to receive complaints from whistleblowers;

(B)

determinations that probable cause exists to conduct an investigation, and specification of the entity conducting such investigation, including the Office of Internal Oversight Services, the Office of Audit and Investigations (for UNDP), the Office of Internal Audit (for UNICEF), and the Inspector General’s Office (for UNHCR);

(C)

dispositions of such investigations, including dismissal and referral for adjudication, specifying the adjudicating entity, such as the United Nations Dispute Tribunal; and

(D)

results of adjudication, including disciplinary measures proscribed and whether such measures were effected, including information with respect to complaints regarding allegations of sexual exploitation and abuse by United Nations peacekeepers, allegations of fraud in procurement and contracting, and all other allegations of misconduct, wrongdoing, or criminal behavior;

(6)

insist that the full, unredacted text of any investigation or adjudication referred to in paragraph (5) are made available to Member States upon request; and

(7)

call for an examination of the feasibility of establishing a stand-alone agency at the United Nations, independent of the Secretary General, to investigate all allegations of misconduct, wrongdoing, or criminal behavior, reporting to the Member States of the General Assembly, paid for from the United Nations regular budget, to replace existing investigative bodies, including the Office of Internal Oversight Services, the Office of Audit and Investigations, the Office of Internal Audit, and the offices of inspectors general of relevant United Nations agencies .

SEC. 308. Encouraging Employment of United States Citizens at the United Nations.

Section 181 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 276c–4) is amended to read as follows:

“SEC. 181. EMPLOYMENT OF UNITED STATES CITIZENS BY CERTAIN INTERNATIONAL ORGANIZATIONS.

“Not later than 180 days after the date of the enactment of the Department of State Authorization Act, Fiscal Year 2017, and annually thereafter for 3 years, the Secretary of State shall submit to Congress a report that provides—

“(1) for each international organization that had a geographic distribution formula in effect on January 1, 1991, an assessment of whether that organization—

“(A) is taking good faith steps to increase the staffing of United States citizens, including, as appropriate, as assessment of any additional steps the organization could be taking to increase such staffing; and

“(B) has met the requirements of its geographic distribution formula; and

“(2) an assessment of United States representation among professional and senior-level positions at the United Nations, including—

“(A) an assessment of the proportion of United States citizens employed at the United Nations Secretariat and at all United Nations specialized agencies, funds, and programs relative to the total employment at the United Nations Secretariat and at all such agencies, funds, and programs;

“(B) an assessment of compliance by the United Nations Secretariat and such agencies, funds, and programs with any applicable geographic distribution formula; and

“(C) a description of any steps taken or planned to be taken by the United States to increase the staffing of United States citizens at the United Nations Secretariat and such agencies, funds and programs.”

SEC. 309. Statement of Policy on Member State’s Voting Practices at the United Nations.

It is the policy of the United States to strongly consider a Member State’s voting practices at the United Nations before entering into any agreements with the Member State.

SEC. 310. Qualifications of the United Nations Secretary General.

(a)

Sense of Congress.— The Secretary 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 urge each future candidate for the position of the United Nations Secretary General to circulate to the Member States of the General Assembly a description of his or her priorities and objectives for leading the organization and ensuring that it upholds the principles outlined by the United Nations Charter, including specific recommendations to improve strategic planning and enact far-reaching management, performance, and accountability reforms.

(b)

Proposal for United Nations Reform.— The descriptions referred to in subsection (a) shall include the following elements:

(1)

A process for determining the goals, objectives, and benchmarks for the timely withdrawal of peacekeeping forces prior to the approval by the United Nations Security Council of a new or expanded peacekeeping operation.

(2)

A proposal for ensuring that the numbers and qualifications of staff are clearly aligned with the specific needs of each United Nations agency, mission, and program, including measures to ensure that such agencies, missions, and programs have the flexibility needed to hire and release employees as workforce needs change over time.

(c)

Statement of Policy.— It is the policy of the United States to withhold support for any candidate for the position of United Nations Secretary General unless such candidate has produced a clear vision for leading the United Nations, including a robust reform agenda as described in subsection (b), and circulated such l to the Member States of the General Assembly.

SEC. 311. Policy Regarding the United Nations Human Rights Council.

(a)

Sense of Congress.— It is the sense of Congress that the United States should use its voice, vote, and influence at the United Nations to work to ensure that—

(1)

the United Nations Human Rights Council takes steps to remove permanent items on the United Nations Human Rights Council’s agenda or program of work that target or single out a specific country or a specific territory or territories;

(2)

the United Nations Human Rights Council does not include a Member State of the United Nations—

(A)

subject to sanctions by the United Nations Security Council;

(B)

under a United Nations Security Council-mandated investigation for human rights abuses;

(C)

which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism; or

(D)

which the President has designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act of 1998; and

(3)

the percentage of United States citizens employed at the senior level in each of the Research and Right to Development Division, the Human Rights Treaties Division, the Field Operations and Technical Cooperation Division, and the Human Rights Council and Special Procedures Division of the United Nations Human Rights Office of the High Commissioner during the most recently completed plenary session of the United Nations General Assembly is at least equivalent to the percentage of the total United States assessed contribution to the United Nations regular budget during such plenary session of the United Nations General Assembly.

(b)

Report.— Not later than 90 days after the date of the enactment of this Act, and annually thereafter for each of the following 5 years, the Secretary shall submit to the appropriate congressional committees a report that describes—

(1)

the resolutions that were considered in the United Nations Human Rights Council during the previous 12 months;

(2)

the steps that have been taken during that 12-month period to remove permanent items on the United Nations Human Rights Council’s agenda or program of work that target or single out a specific country or a specific territory or territories;

(3)

a detailed list of any country currently on, or running for a seat on, the United Nations Human Rights Council that meets any of the criteria described in subparagraph (A), (B), (C), or (D) of subsection (a)(3); and

(4)

the current employment breakdown by nationality at each of the four major divisions of the United Nations Human Rights Office of the High Commissioner as specified in subsection (a)(4).

SEC. 312. Additional Report on Other United States Contributions to the United Nations.

(a)

In General.— Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions with a value greater than $100,000, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.

(b)

Content.— The report required under subsection (a) shall include the following elements:

(1)

The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year.

(2)

The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all contributions to each such agency or body from any source in such fiscal year.

(3)

For each such United States Government contribution—

(A)

the amount of each such contribution;

(B)

a description of each such contribution (including whether assessed or voluntary);

(C)

the department or agency of the United States Government responsible for each such contribution;

(D)

the purpose of each such contribution; and

(E)

the United Nations or its affiliated agency or related body receiving the contribution.

(c)

Scope of Initial Report.— The first report required under subsection (a) shall include the information required under this section for the previous 3 fiscal years.

(d)

Public Availability of Information.— Not later than 14 days after submitting a report required under subsection (a), the Director of the Office of Management and Budget shall post a public version of such report on a text-based, searchable, and publicly available Internet Web site.

SEC. 313. Comparative Report on Peacekeeping Operations.

Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the costs, strengths, and limitations of United States and United Nations peacekeeping operations, which shall include—

(1)

a comparison of the costs of current United Nations peacekeeping operations and the estimated cost of comparable United States peacekeeping operations; and

(2)

an analysis of the strengths and limitations of—

(A)

a peacekeeping operation led by the United States; and

(B)

a peacekeeping operation led by the United Nations.

Title III — International Organizations

TITLE III International Organizations