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(A) make investigations and reports relating to the administration of the programs and operations of the United Nations;

(B) have access to all records, documents, and other available materials relating to those programs and operations; and

(C) have direct and prompt access to any official of the United Nations; (4) the United Nations has procedures in place designed to protect the identity of, and to prevent reprisals against, any staff member making a complaint or disclosing information to, or cooperating in any investigation or inspection by, the Inspector General;

(5) the United Nations has procedures in place designed to ensure compliance with the recommendations of the Inspector General; and

(6) the United Nations has procedures in place to ensure that all annual and other relevant reports submitted by the Inspector General are made available to the General Assembly with

out modification. (c) SPECIALIZED AGENCIES.—United States representatives to the United Nations should promote complete Inspector General access to all records and officials of the specialized agencies of the United Nations, and should strive to achieve such access by fiscal year 1996.

(d) DEFINITION.–For purposes of this part, the term “Inspector General" means the head of an independent office (or other independent entity) established by the United Nations to conduct and supervise objective audits, inspections, and investigations relating to the programs and operations of the United Nations. SEC. 402. UNITED STATES PARTICIPATION IN MANAGEMENT OF THE

UNITED NATIONS. It is the sense of the Congress that, consistent with the United Nations Charter, United States nationals should have equitable representation at senior management levels in the United Nations system, especially in the Department for Administration and Mangement 49 and in the office of the Inspector General. SEC. 403. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE FUND

ING FOR UNITED NATIONS PEACEKEEPING OPERATIONS. It is the sense of the Senate that beginning October 1, 1995, funds made available to the Department of Defense (including funds for “Operation and Maintenance”) shall be available for

(1) United States assessed or voluntary contributions for United Nations peacekeeping operations, or

(2) the unreimbursable incremental costs associated with the participation of United States Armed Forces in any United Nations peacekeeping operation (other than an operation necessary to protect American lives or United States national inter

ests) only to the extent that the Congress has authorized, appropriated, or otherwise approved funds for such purposes.

49 As enrolled. Should read “Management".

SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEP.

ING OPERATIONS. (a) REASSESSMENT OF CONTRIBUTION PERCENTAGES.—The Permanent Representative of the United States to the United Nations should make every effort to ensure that the United Nations completes an overall review and reassessment of each nation's assessed contributions for United Nations peacekeeping operations. As part of the overall review and assessment, the Permanent Representative should make every effort to advance the concept that, when appropriate, host governments and other governments in the region where a United Nations peacekeeping operation is carried out should bear a greater burden of its financial cost. (b) 50 LIMITATION ON UNITED STATES CONTRIBUTIONS.

(1) FISCAL YEARS 1994 AND 1995.–Funds authorized to be appropriated for “Contributions for International Peacekeeping Activities” for fiscal years 1994 and 1995 shall not be available for the payment of the United States assessed contribution for a United Nations peacekeeping operation in an amount which is greater than 30.4 percent of the total of all assessed contributions for that operation, notwithstanding the last sentence of the paragraph headed “Contributions to International Organizations” in Public Law 92-544, as amended by section 203 of the Foreign Relations Authorization Act, Fiscal Year 1976 (22 U.S.C. 287e note).

(2) SUBSEQUENT FISCAL YEARS.-Funds authorized to be appropriated for "Contributions for International Peacekeeping Activities” for any fiscal year after fiscal year 1995 shall not be available for the payment of the United States assessed contribution for a United Nations peacekeeping operation in an amount which is greater than 25 percent of the total of all assessed contributions for that operation.

(3) CONFORMING AMENDMENT.-The last sentence of the paragraph headed "Contributions to International Organizations” in Public Law 92-544, as amended by section 203 of the Foreign Relations Authorization Act, Fiscal Year 1976 (22 U.S.C. 287e note), is amended by striking "conducted by or under the auspices of the United Nations or” and inserting “(other than

United Nations peacekeeping operations) conducted”. SEC. 405. UNITED STATES PERSONNEL TAKEN PRISONER WHILE SERV.

ING IN MULTINATIONAL FORCES. It is the sense of the Congress that,

(1) the President should take immediate steps, unilaterally and in appropriate international bodies, to assure that any United States military personnel serving as part of a multinational force who are captured are accorded protections equivalent to those accorded to prisoners of war under the 1949 Geneva Conventions and other international agreements intended to protect prisoners of war; and

(2) the President should also take all necessary steps to bring to justice all individuals responsible for any mistreatment or torture of, or for causing the death of, United States military personnel who are captured while serving in a multinational

50 22 U.S.C. 287e note.

force. SEC. 406.51 TRANSMITTALS OF CERTAIN UNITED NATIONS DOCUMENTS.

Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b) is amended* SEC. 407.52 CONSULTATIONS AND REPORTS.

(a) CONSULTATIONS AND REPORTS ON U.N. PEACEKEEPING OPERATIONS.

(1) CONSULTATIONS.—Each month the President shall consult with the Congress on the status of United Nations peacekeeping operations.

(2) INFORMATION TO BE PROVIDED.In connection with these 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 Se curity 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 arrange ments 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, 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 Se curity 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.

(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.

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51 See page 1519. 52 22 U.S.C. 287b note.

(3) WRITTEN INFORMATION.—The information described in clauses (i) and (ii) of paragraph (2)(A) and the information de scribed in clauses (i) and (ii) of paragraph (2)(B) shall be provided each month to the designated congressional committees in written form not later than the 10th day of that month.

(4) INTERIM INFORMATION. (A) The President shall submit to the designated congressional committees a written interim report if, during the period between the monthly consultations required by paragraph (1), the United States learns that the United Nations Security Council is likely, before the next such consultation, to vote on a resolution that would authorize a new United Nations peacekeeping operation and that resolution was not previously reported on pursuant to paragraph (2)(B). Each interim report shall include the information described in clauses (i) and (ii) of paragraph (2)(B).

(B) Any such interim report shall be submitted not less than 5 days before the vote of the United Nations Security Council, unless the President determines that exceptional circumstances prevented compliance with the requirement to report 5 days in advance. If the President makes such a determination, the interim report shall be submitted promptly (but in no case later than 3 days after the vote) and shall include a copy of the determination and a description of the exceptional circumstances which were the basis for that determination.

(5) NOTIFICATION AND QUARTERLY REPORTS REGARDING UNITED STATES ASSISTANCE.—(A) The President shall notify the designated congressional committees at least 15 days before the United States provides any assistance to the United Nations to support peacekeeping operations. This subparagraph does not apply to

(i) assistance having a value of less than $3,000,000 in the case of nonreimburseable 53 assistance or less than $14,000,000 in the case of reimburseable 53 assistance, or

(ii) assistance provided under the emergency drawdown authority of sections 506(a)(1) and 552(c)(2) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and 2348a(c)2)). (B) The President shall submit quarterly reports to the designated congressional committees on all assistance provided by the United States during the preceding calendar quarter to the United Nations to support peacekeeping operations. Each report shall describe the assistance provided for each such operation, listed by category of assistance. The report for the fourth calendar quarter of each year shall be submitted as part of the annual report required by section 4(d) of the United Nations Participation Act of 1945 (as added by subsection (b) of this section) and shall include cumulative information for the

preceding calendar year. (b) ANNUAL REPORTS.-Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b), as amended by the preceding section of this title, is further amended by adding at the end the following:

54

53 As enrolled. Should read “nonreimbursable" and "reimbursable". 54 For text of sec. 4, as amended, see page 1519.

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SEC. 408. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNA

TIONAL PEACEKEEPING OPERATIONS. Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding after section 519 (22 U.S.C. 2321m) the following: "SEC. 520.55 TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNA

TIONAL PEACEKEEPING OPERATIONS. "(a) GENERAL AUTHORITY.—The President may transfer to international and regional organizations of which the United States is a member such excess defense articles as the President determines necessary to support international peacekeeping operations and other activities and operations to maintain and restore international peace and security. Such transfers shall be on such terms and conditions as the President may determine, consistent with this section. “(b) CONDITIONALITY OF AUTHORITY.

"(1) IN GENERAL.—The authority of subsection (a) may not be exercised with respect to an international or regional organization until the United States has entered into a written agreement with that organization providing that the value of any excess defense articles transferred under this section shall be credited against United States assessed contributions to that organization. For purposes of this paragraph, the term 'value' means such amount as may be agreed upon by the United States and the recipient organization, except that such amount may not be less than the value (as defined in section 644(m)(1) of this Act) of the articles transferred.

“(2) CREDITING OF TRANSFERS.——(A) The credit provided for pursuant to paragraph (1) shall be counted against United States assessed contributions to the recipient organization that are payable from the 'Contribution to International Peacekeeping Activities' account of the Department of State, except to the extent such credit is counted, in accordance with subparagraph (B), against an assessed contribution payable from an account established within the Department of Defense. "(B) If

"(i) an account is established within the Department of Defense for payment of a portion of United States assessed contributions for United Nations operations,

“(ii) excess defense articles are transferred under this section for a United Nations operation, and

"(iii) the United States assessed contribution for that op

eration is payable from that account, the credit for those excess defense articles shall be counted against the assessed contribution payable from that account, but only to the extent that the value of the excess defense articles so transferred for that operation during a fiscal year does not exceed the total United States assessed contribution payable for that operation from that account during that fiscal year.

55 22 U.S.C. 2321n. The Foreign Assistance Act of 1961, as amended through 1993, may be found in Legislation on Foreign Relations Through 1993, vol. I-A.

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