TheWeekInCongress.com
Week Ending June 17, 2005
HR 2475 to reform the United Nations and for other purposes.
BRIEF
The bill takes aim at several issues some Members of Congress have with the United Nations. The changes the bill would make involve not only US policy towards the UN but the UN budget process, who gets to be a UN member and who is or is not allowed to serve on UN committees.
The main leverage the US has over the UN is the much noted fact that the US coughs up over 20 percent of the UN budget so the bill finds its’ teeth in the threat that if the UN does not adhere to the edicts of this bill the US will withhold money.
The bill recommends that the UN move towards a streamlined and accountable, regularly assessed budget and that mandatory funding to 18 UN budget items (committees and programs) be made voluntary.
Those items are: Economic and social affairs; Least-developed countries; landlocked developing countries and small island developing States; United Nations support for the New Partnership for Africa's Development; Trade and development’ International Trade Center UNCTAD/WTO; Environment; Human settlements; Crime prevention and criminal justice; International drug control; Economic and social development in Africa; Economic and social development in Asia and the Pacific; Economic development in Europe; Economic and social development in Latin America and the Caribbean; Economic and social development in Western Asia; Regular program of technical cooperation.; Development account; Protection of and assistance to refugees; Palestine refugees.
If that transition to voluntary payment is not established by 2008 the bill provided that US can withhold or redirect up to 50 percent of dues. An amendment to the bill increased the amount to be withheld to 75 percent of US contributions. Fifty percent of the US contribution is around $187 million over two years.
The US would have the freedom to redirect some of its donated funds from the Public Affairs and General fund budget accounts.
To gain cooperation from other UN members the bill directs whomever is the permanent US Representative to the UN to actively pursue voting support with respect to those budget items.
The Secretary of State would be directed to certify the UN budget and if it can not be certified “at a pre-approved level, to withhold US contributions to the UN. The US influence would be used to accomplish Israel's permanent inclusion in the UN Western European and Others Group; establish in the International Atomic Energy Agency (IAEA) an Office of Compliance, and a Special Committee on Safeguards and Verification; and to reform UN peacekeeping operations, including opposing any new or expanded peacekeeping operations until appropriate certification. The Secretary of State is also directed to recruit US citizens for positions within international organizations.
Through the influence and leverage the bill would hope to create the US could require changes at the UN that go beyond funding to one committee and program or another. The agenda of the bill would aim to reduce or eliminate reports and outputs from the General Assembly, streamline management in most all UN agencies and at all levels, and to assess the relevance, usefulness, or duplication of committees to determine if they should be abandoned. The UN personnel system would also be revamped in all areas from tenure to ethics training; pay to benefits. An Office of Ethics would be created and a Chief Operating Officer would be hired. Greater financial disclosure of UN employees would be required.
Responding to Sudan’s role as revolving chair of the UN Human Rights Commission the bill would prohibit participation on that committee by countries that do not adhere to UN Universal Declaration of Human Rights or if the country is being sanctioned by the UN Security Council. The Human Rights Commission could be replaced by a council. Secret voting in the Economics and Social Council would be abolished.
The UN IAEA (International Atomic Energy Administration) would gain an Office of Compliance and specific rules and procedure to recognize and fine countries violating IAEA guidelines.
UN peacekeeping would be withdrawn if drawn out and the goal of the occupation can not be accomplished. If withdrawal might lead to new conflict burden sharing with the host country would come along with reduced contributions to that cause. Under the bill, victims would not receive restitution from a ‘victim’s fund’ but rather all efforts would be made to extract restitution from the perpetrator's of the violence. Done by UN personnel, they would see pay garnished, done by military, they would see reduced contributions. The provision is designed to avoid granting impunity to perpetrators.
Sponsor: Representative Henry J. Hyde (R-IL-6th)
Vote: Passed House 221 to 184 (RC 282) (June 17, 2005)
Cost to the taxpayers: Considering the assessment of dues to be around $375 million and assuming the bill passes and the UN can not make the required changes then fifty percent of the assessment withheld would total $187 million in 2006 and $769 milliion through 2010.
## All Rights Reserved. © 2005 TheWeekInCongress.com No reproduction or distribution without written permission from TheWeekInCongress.com.
MORE INFORMATION
BACKGROUND AND PURPOSE OF THE BILL FROM THE COMMITTEE REPORT
The Henry J. Hyde United Nations Reform Act of 2005 provides a comprehensive framework for implementing crucial reforms in the United Nations. Scandals involving the United Nations Oil-for-Food Program and United Nations specialized agencies such as the World Meteorological Society and the World Intellectual Property Organization, as well as alleged wrongdoing by high-level United Nations staff, have illustrated systemic weaknesses in the United Nations. Despite budgetary reform initiatives by the Secretary-General in 1997 and 2002, the regular assessed budget of the United Nations remains replete with outdated, obsolete programmatic mandates that continue to be funded, with little regard for prioritization of mandated initiatives by the General Assembly. Additionally, many programs currently funded through regular assessed dues would be better suited for voluntary funding, thereby increasing transparency, efficiency, and engendering a more results-oriented approach in implementation. Further, the undisputed deplorable state of the Commission on Human Rights, which allows countries such as Cuba and Sudan to act as arbiters of human rights, must no longer continue unchecked. Moreover, it is undeniable that the record of United Nations peacekeeping since the end of the Cold War has been tainted by disastrous operational failures and unconscionable acts of misconduct. Allegations of sexual exploitation, abuse, and rape by United Nations peacekeepers cannot go unaddressed. The Henry J. Hyde United Nations Reform Act of 2005 seeks to address these and other areas that are long overdue for serious, meaningful and practical reform.
History has evidenced that the United States Congress can prompt meaningful change at the United Nations by applying the power of the purse. Through the Kassebaum-Solomon amendment in 1985, Congress was able to use the power of the purse to promote budget accountability, as evidenced by the eventual implementation of consensus-based budgeting procedures. A Congressional directive in the Foreign Relations Authorization Act, FY94 and FY95, to withhold contributions unless an internal oversight structure was created, loomed when the United Nations established the Office of Internal Oversight Services. The Helms-Biden legislation in 1999 provided for the payment of arrearages to the United Nations if certain conditions, including reforms, were met. Here, once again, the United Nations was prompted into action by the United States Congress, the outstanding conditions were met, and arrearages were paid.
Reform, however, should not be a periodic event undertaken because of the threat of financial penalty. Rather, it should be an integral part of the culture of the United Nations, a body that was founded: `(1) To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace; (2) To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; (3) To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and (4) To be a centre for harmonizing the actions of nations in the attainment of these common ends.' (Excerpt from the United Nations Charter.) With such crucial and laudable goals, it is incumbent upon the United Nations to continue to raise its own standards of performance and expectations of excellence for the world community that it serves. Yet, as recent history evidences, not only has it failed too often to meet the expectations of the world community, but it also lacks the political will and ability to enact the changes necessary to reform itself from within. When these unfortunate circumstances occur, the United States Congress must act. It must act, not only in the interest of the United States, but also in the interest of the betterment of the United Nations for the world community.
The Henry J. Hyde United Nations Reform Act of 2005 is designed with these goals in mind. The Act contains six titles: Mission and Budget of the United Nations, Human Rights and the Economic and Social Council, International Atomic Energy Agency, Peacekeeping, Department of State and Government Accountability Office, and Certifications and Withholding of Contributions.
In the first title, the bill highlights the need to pursue a streamlined, efficient, effective and accountable regular assessed budget of the United Nations and to shift the funding mechanisms of certain organizational programs from the regular assessed budget to voluntarily funded programs. It specifies eighteen programs for shifting from assessed to voluntary funding and calls for the budgets of two additional programs, `Public Information' and `General Assembly Affairs and Conference Services,' to be streamlined. It also seeks to implement budget practices that would instill results-oriented methodologies upon which to measure effectiveness and relevance of programs, as well as to call for procedures to provide specific sunset dates for new programs.
Accountability is an overriding theme throughout the Act. The bill establishes an Independent Oversight Board and designates the Office of Internal Oversight Services as an independent entity, with a budget isolated from political influence, and robust authority to investigate at its own discretion and to provide whistle-blower protection to United Nations employees offering information of wrongdoing. It also creates a United Nations Office of Ethics, which is responsible for establishing, and enforcing a code of ethics for all United Nations employees, and which requires much greater financial disclosure than that which presently exists. It establishes the position of Chief Operating Officer, and requires that Member States have access to all reports and audits by the Board of External Auditors.
It also addresses the withholding of financial support to those human rights treaty monitoring bodies or committees that the United States is a party to neither the underlying convention or international covenant, nor protocol.
Finally, Title I seeks equality at the United Nations by calling for the expansion of the Western European and Others Group (WEOG) to afford Israel permanent membership in this group with full rights and privileges. It calls for a Department of State review and assessment of the work performed by the various United Nations commissions, committees, and offices focusing exclusively on the Palestinian agenda, followed by the submission of a report to Congress recommending areas for reform, including proposals for the elimination by the United Nations of such duplicative entities and efforts. It also calls for withholding proportional U.S. contributions until such time as the recommendations are implemented.
Title II mandates that the United Nations adopt criteria for membership in current and future human rights bodies. Under these criteria, countries that fail to uphold the Universal Declaration of Human Rights would be ineligible for membership. Likewise, countries that are subject to sanctions by the Security Council, or are under a Security Council-mandated investigation for human rights abuses, or are the subject of country-specific human rights resolutions, would be ineligible for membership. In addition to other criteria, the bill mandates that no human rights body have a standing agenda item that relates only to one country or region. Title II also mandates that the membership criteria be adhered to in the Economic and Social Council, which is the body that selects the Commission on Human Rights' members, and that a recorded transparent vote take place on membership.
Title III seeks to strengthen the International Atomic Energy Agency (IAEA) by calling for the establishment of an Office of Compliance and a Special Committee on Safeguards and Verification. It also directs that U.S. voluntary contributions should primarily be used to fund activities relating to nuclear safety and security, or activities relating to nuclear verification. In addition, it directs the U.S. Permanent Representative to the IAEA to pursue membership reform of the Board of Governors that would bar countries that have not signed and ratified the Additional Protocol, or that are under investigation for a breach of, or noncompliance with, their IAEA obligations, or that are in violation of their IAEA obligations.
Title IV calls for peacekeeping reforms and mandates the withholding of U.S. support for new or expanded peacekeeping missions until the most critical, but immediately achievable, of those reforms are instituted. These reforms include the adoption of and training in a uniform Code of Conduct, and the creation of a database to track cases of misconduct to ensure that violators of the Code are permanently barred from peacekeeping operations. Two additional reforms, the adoption of a Model Memorandum of Understanding and the establishment of independent investigative and audit functions for peacekeeping, must be certified by January 1, 2007.
Title V sets forth ways to improve budget practices by requiring budget justifications, consultations with Congress on budget changes, a review of new budgeting options and a review by the Government Accountability Office of the progress the United Nations is making on implementing reforms identified in various United Nations management reports.
Title VI provides various levers to encourage the United Nations to enact reforms, including the withholding of 50 percent of U.S. assessed dues if the Secretary of State cannot make certifications that the United Nations has accomplished certain reforms in key areas. The title also mandates annual reviews by the Secretary of State to ensure that the United Nations remains in compliance with the mandated reforms and to require the withholding of 50 percent of U.S. assessed dues if the United Nations fails to maintain compliance with the reform provisions in the Henry J. Hyde United Nations Reform Act of 2005.
1. H.AMDT.294 t to instruct the President to direct the United States
Permanent Representative to the United Nations to use the voice, vote, and
influence of the United States to ensure that the Secretary General exercises
the right and duty to waive immunity of any United Nations official who is under
investigation for or is charged with committing a serious criminal offense.
Sponsor: Rep King, Peter T. [NY-3] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the King (NY) amendment (A001) Agreed to by recorded vote: 405 - 13,
1 Present (RC 270).
2. H.AMDT.295 to require the Comptroller General to submit a
report to Congress describing the costs associated with the contracting for and
construction of the Geneva, Switzerland, buildings of the World Meteorological
Organization (WMO) and the World Intellectual Property Organization (WIPO).
Sponsor: Rep Garrett, Scott [NJ-5] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Garrett (NJ) amendment (A002) Agreed to by voice vote.
3. H.AMDT.296 to add a paragraph discussing whether the United
Nations or any of its specialized agencies have contracted with parties on the
U.S. Government's Excluded Parties List to the report to Congress on the state
of U.N. reforms since 1990.
Sponsor: Rep Cannon, Chris [R-UT-3] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Cannon amendment (A003) Agreed to by voice vote.
4. H.AMDT.297 to provide that no employee of the U.N. shall be
compensated while participating in a domestic election except for voting and
acting on behalf of the U.N. in an authorized U.N. mission; that the U.N. cannot
hire an employee who has been convicted in a generally recognized court for any
crime or crimes involving financial misfeasance, malfeasance, fraud or perjury;
that any U.N. employee who is convicted for any crime or crimes involving
financial misfeasance, malfeasance, fraud or perjury shall be subject to
termination; that any employee who has contact regarding the internal ongoing
operations of the U.N. with any person not employed by the U.N. shall prepare a
memorandum of such contact and make it available to Member States.
Sponsor: Rep McCotter, Thaddeus G. [MI-11] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the McCotter amendment (A004) Agreed to by voice vote.
5. H.AMDT.298 to require OMB to submit a report to the House
International Relations Committee on the U.S. contributions to the U.N. The
report shall include assessed, voluntary, and in-kind contributions.
Sponsor: Rep Poe, Ted [TX-2] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Poe amendment (A005) Agreed to by recorded vote: 402 - 14 (RC
271).
6. H.AMDT.299 to add the lifting of restrictions on the
secondment of military personnel to serve at the Department of Peacekeeping
Operations headquarters in New York to the list of reforms which the United
States should pursue. It is not linked to a certification requirement and
withholding of assistance.
Sponsor: Rep Boozman, John [AR-3] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Boozman amendment (A006) Agreed to by voice vote.
7. H.AMDT.300 to require that nothing in the title regarding
peacekeeping operations shall be construed as superseding the Uniform Code of
Military Justice or operating to affect the surrender of U.S. officials to a
foreign country or international tribune, including the International Criminal
Court, and nothing in the title shall be interpreted in a manner inconsistent
with the American Servicemembers' Protection Act.
Sponsor: Rep Kline, John [MN-2] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Kline amendment (A007) Agreed to by voice vote.
8. H.AH.R.2745 An amendment numbered 1 printed in subpart C of Part 1
of House Report 109-132 to direct the U.S. Permanent Representative to the IAEA
to ensure that the IAEA Board of Governors adopts a resolution making Iran
ineligible to receive any nuclear material, technology, equipment, or assistance
from any IAEA Members State until Iran is in full compliance with the IAEA.
Sponsor: Rep Cantor, Eric [VA-7] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Cantor amendment Agreed to by recorded vote: 411 - 9 (RC
272).
9. H.AMDT.302 to call for the International Atomic Energy Agency
(IAEA) to rescind the Small Quantities Protocol (SQP) and requires that any
nation that has signed the SQP to have implemented and be in compliance with the
Additional Protocol providing for more stringent inspections; and prohibit any
IAEA members from receiving any nuclear-related material, technology, equipment,
or assistance and subject it to penalties, if they do not adhereto the higher
inspections standards.
Sponsor: Rep Smith, Christopher H. [R-NJ-4] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Smith (NJ) amendment (A009) Agreed to by voice vote.
10. H.AMDT.303 to call for the President to direct the U.S.
Permanent Representative to the IAEA to call for penalties to any State Member
that violates or withdraws from the Nonproliferation Treaty by requiring them to
return any nuclear materials or technology acquired for peaceful purposes.
Sponsor: Rep Markey, Edward J. [D-MA-7] (introduced 6/16/2005) Cosponsors
(None)
Latest Major Action: 6/16/2005 House amendment agreed to. Status: On
agreeing to the Markey amendment (A010) Agreed to by voice vote.
## All Rights Reserved. © 2005 TheWeekInCongress.com.
No reproduction or distribution without written permission from TheWeekInCongress.com.