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Senate Bill S.886 - UN Finance - Global Policy Forum Senate Bill S.886
June 22, 1999(Admiral James W. Nance Foreign Relations Authorization Act, Fiscal Years 2000 and 2001)
TITLE VIII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
SEC. 801. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
(a) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated under the heading `Contributions to International Organizations' $940,000,000 for the fiscal year 2000 and $940,000,000 for the fiscal year 2001 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes.
(2) AVAILABILITY OF FUNDS FOR CIVIL BUDGET OF NATO- Of the amounts authorized in paragraph (1), $48,977,000 are authorized in fiscal year 2000 and $48,977,000 in fiscal year 2001 for the United States assessment for the civil budget of the North Atlantic Treaty Organization.
(b) NO GROWTH BUDGET- Of the funds made available under subsection (a), $80,000,000 may be made available during each calendar year only after the Secretary of State certifies that the United Nations has taken no action during the preceding calendar year to increase funding for any United Nations program without identifying an offsetting decrease during that calendar year elsewhere in the United Nations budget of $2,533,000,000, and cause the United Nations to exceed the initial 1998-99 United Nations biennium budget adopted in December 1997.
(c) INSPECTOR GENERAL OF THE UNITED NATIONS-
(1) WITHHOLDING OF FUNDS- Twenty percent of the funds made available in each fiscal year under subsection (a) for the assessed contribution of the United States to the United Nations shall be withheld from obligation and expenditure until a certification is made under paragraph (2).
(2) CERTIFICATION- A certification under this paragraph is a certification by the Secretary of State in the fiscal year concerned that the following conditions are satisfied:
(A) ACTION BY THE UNITED NATIONS- The United Nations--
(i) has met the requirements of paragraphs (1) through (6) of section 401(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), as amended by paragraph (3);
(ii) has established procedures that require the Under Secretary General of the Office of Internal Oversight Services to report directly to the Secretary General on the adequacy of the Office's resources to enable the Office to fulfill its mandate; and
(iii) has made available an adequate amount of funds to the Office for carrying out its functions.
(B) AUTHORITY BY OIOS- The Office of Internal Oversight Services has authority to audit, inspect, or investigate each program, project, or activity funded by the United Nations, and each executive board created under the United Nations has been notified, in writing, of that authority.
(3) AMENDMENT OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995- Section 401(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 is amended--
(A) by amending paragraph (6) to read as follows: `(6) the United Nations has procedures in place to ensure that all reports submitted by the Office of Internal Oversight Services are made available to the member states of the United Nations without modification except to the extent necessary to protect the privacy rights of individuals.'; and
(B) by striking `Inspector General' each place it appears and inserting `Office of Internal Oversight Services'.
(d) PROHIBITION ON CERTAIN GLOBAL CONFERENCES- None of the funds made available under subsection (a) shall be available for any United States contribution to pay for any expense related to the holding of any United Nations global conference, except for any conference scheduled prior to October 1, 1998.
SEC. 802. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated under the headingContributions for International Peacekeeping Activities' $235,000,000 for the fiscal year 2000 and $235,000,000 for the fiscal year 2001 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes.
(b) CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS PEACEKEEPING OPERATIONS-
(1) CODIFICATION- Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended--
(A) in subsection (a), by striking the second sentence; and
(B) by striking subsection (e) and inserting the following:
(e) CONSULTATIONS AND REPORTS ON UNITED NATIONS PEACEKEEPING OPERATIONS-
(1) CONSULTATIONS- Each month the President shall consult with Congress on the status of United Nations peacekeeping operations.
(2) INFORMATION TO BE PROVIDED- In connection with such consultations, the following information shall be provided each month to the designated congressional committees:
(A) With respect to ongoing United Nations peacekeeping operations, the following:
(i) A list of all resolutions of the United Nations Security Council anticipated to be voted on during such month that would extend or change the mandate of any United Nations peacekeeping operation.
(ii) For each such operation, any changes in the duration, mandate, and command and control arrangements that are anticipated as a result of the adoption of the resolution.
(iii) An estimate of the total cost to the United Nations of each such operation for the period covered by the resolution, and an estimate of the amount of that cost that will be assessed to the United States.
(iv) Any anticipated significant changes in United States participation in or support for each such operation during the period covered by the resolution (including the provision of facilities, training, transportation, communication, and logistical support, but not including intelligence activities reportable under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.)), and the estimated costs to the United States of such changes.
(B) With respect to each new United Nations peacekeeping operation that is anticipated to be authorized by a Security Council resolution during such month, the following information for the period covered by the resolution:
(i) The anticipated duration, mandate, and command and control arrangements of such operation, the planned exit strategy, and the vital national interest to be served.
(ii) An estimate of the total cost to the United Nations of the operation, and an estimate of the amount of that cost that will be assessed to the United States.
(iii) A description of the functions that would be performed by any United States Armed Forces participating in or otherwise operating in support of the operation, an estimate of the number of members of the Armed Forces that will participate in or otherwise operate in support of the operation, and an estimate of the cost to the United States of such participation or support.
(iv) A description of any other United States assistance to or support for the operation (including the provision of facilities, training, transportation, communication, and logistical support, but not including intelligence activities reportable under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.)), and an estimate of the cost to the United States of such assistance or support.
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE OF FUNDS
SEC. 911. AUTHORIZATION OF APPROPRIATIONS
(a) AUTHORIZATION-
(1) Fiscal year 1998-
(A) REGULAR ASSESSMENTS- In title IV of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119), under the heading `Contributions to International Organizations', the first proviso shall not apply.
(B) PEACEKEEPING ASSESSMENTS- In title IV of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119), under the heading `Contributions for International Peacekeeping Activities', the first and second provisos shall not apply.
(2) FISCAL YEAR 1999- Pursuant to the first proviso under the heading `Arrearage Payments' in title IV of the Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277), the obligation and expenditure of funds appropriated under such heading for payment of arrearages to meet obligations of membership in the United Nations, and to pay assessed expenses of international peacekeeping activities are hereby authorized, and the second proviso under such heading shall not apply.
(3) FISCAL YEAR 2000- 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, $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 peacekeeping 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 using funds made available under 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 operation assessments received by the United States prior to October 1, 1995.
SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS
(a) IN GENERAL- Funds made available pursuant to section 911 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 subsections (e) and (f), funds made available pursuant to section 911 may be obligated and expended only in the following allotments and upon the following certifications:
(1) Amounts made available for fiscal year 1998, upon the certification described in section 921.
(2) Amounts made available for fiscal year 1999, upon the certification described in section 931.
(3) Amounts authorized to be appropriated for fiscal year 2000, upon the certification described in section 941.
(c) ADVANCE CONGRESSIONAL NOTIFICATION- Funds made available pursuant to section 911 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.
SEC. 913. 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 September 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 date a certification is transmitted to the appropriate congressional committees under section 931.
CHAPTER 2--UNITED STATES SOVEREIGNTY
SEC. 921. 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-
(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 subparagraph (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 Organization; 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 affiliated 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 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.
CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING OPERATIONS
SEC. 931. 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 conditions set forth in section 921 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 enactment of this Act with respect to which payments are not authorized by this Act, and the failure to pay amounts specified in the account does 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 operation does not exceed 25 percent for any single United Nations member.
(3) LIMITATION ON ASSESSED SHARE OF REGULAR BUDGET- The share of the total of all assessed contributions for the regular budget of the United Nations does not exceed 22 percent for any single United Nations member.
CHAPTER 4--BUDGET AND PERSONNEL REFORM
SEC. 941. CERTIFICATION REQUIREMENTS
(a) IN GENERAL-
(1) IN GENERAL- Except as provided in paragraph (2), a certification described in this section is a certification by the Secretary of State that the conditions in subsection (b) are satisfied.
(2) SPECIFIED CERTIFICATION- A certification described in this section is also a certification that, with respect to the United Nations or a particular designated specialized agency, the conditions in subsection (b)(4) applicable to that organization are satisfied, regardless of whether the conditions in subsection (b)(4) applicable to any other organization are satisfied, if the other conditions in subsection (b) are satisfied.
(3) EFFECT OF SPECIFIED CERTIFICATION- Funds made available under section 912(b)(3) upon a certification made under this section with respect to the United Nations or a particular designated specialized agency shall be limited to that portion of the funds available under that section that is allocated for the organization with respect to which the certification is made and for any other organization to which none of the conditions in subsection (b) apply.
(4) LIMITATION- A certification described in this section shall not be made by the Secretary if the Secretary determines that any of the conditions set forth in sections 921 and 931 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 specialized 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 programs and operations of the organization.
(B) APPOINTMENT OF INSPECTORS GENERAL- The Director 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 investigations.
SEC. 951. 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), 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).
SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED STATES HAS WITHDRAWN OR RESCINDED FUNDING
None of the funds authorized to be appropriated by this title shall be used to pay any arrearage for--
(1) the United Nations Industrial Development Organization;
(2) any costs to merge that organization into the United Nations;
(3) the costs associated with any other organization of the United Nations from which the United States has withdrawn including the costs of the merger of such organization into the United Nations; or
(4) the World Tourism Organization, or any other international organization with respect to which Congress has rescinded funding.
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