Sec. 101. Oversight of and accountability for peacekeeper abuses
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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— a United States strategy for combating sexual exploitation and abuse in United Nations peacekeeping operations; and an implementation plan for achieving the objectives set forth in the strategy described in paragraph (1). The objectives of the strategy required under subsection
(a)shall be— to ensure the introduction of improved training, oversight, and accountability mechanisms for United Nations peacekeeping operations and the personnel involved with such operations; to dramatically reduce the incidence of sexual exploitation and abuse committed by personnel assigned to United Nations peacekeeping operations; to ensure swift justice for any such personnel who are found to have committed sexual exploitation or abuse; and to assist the United Nations and troop- or police-contributing countries to improve their ability to prevent, identify, and prosecute sexual exploitation or abuse by personnel involved in peacekeeping operations. The strategy required under subsection
(a)shall include the following elements and objectives: The United States shall use its vote and influence at the United Nations to seek— the establishment of onsite courts-martial, as appropriate, for the prosecution of crimes committed by peacekeeping personnel, which is consistent with each peacekeeping mission’s status of forces agreement with its host country; the creation of a United Nations Security Council ombudsman office that— is authorized to conduct ongoing oversight of peacekeeping operations; reports directly to the Security Council on— offenses committed by peacekeeping personnel or United Nations civilian staff or volunteers; and the actions taken in response to such offenses; and 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; guidance from the United Nations on the establishment of a standing claims commission for each peacekeeping operation— to address any grievances by a host country’s civilian population against United Nations personnel in cases of alleged abuses by peacekeeping personnel; and 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; the adoption of a United Nations policy that— establishes benchmarks for the identification of sexual exploitation or abuse; and ensures proper training of peacekeeping personnel (including officers and senior civilian personnel) in recognizing and avoiding such offenses; 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 training, institutional reform, and oversight mechanisms have been put in place that are adequate to prevent such problems from reoccurring; and 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— investigate allegations of sexual exploitation or abuse involving nationals of such country; and ensure justice for those determined to have been responsible for such sexual exploitation or abuse. The United States shall 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— 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; 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 provide detailed reporting to the ombudsman described in paragraph (1)(B) (or other appropriate United Nations official) that describes the offenses committed by its nationals and its responses to such offenses. The United States shall develop support mechanisms to assist troop- or police-contributing countries— to improve their capacity to investigate allegations of sexual exploitation and abuse offenses committed by their nationals while participating in a United Nations peacekeeping operation; and to appropriately hold accountable any individual who commits an act of sexual exploitation or abuse. In coordination with the ombudsman described in paragraph (1)(B) (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— are characterized by noteworthy patterns of sexual exploitation or abuse; or have failed to institute appropriate institutional and procedural reforms after being made aware of any such patterns. The United States may encourage a troop- or police-contributing country— to develop its own system to obtain and maintain DNA samples, consistent with the laws of such country, from each national of such country who is a member of a United Nations military contingent or formed police unit; and to make the DNA samples referred to in paragraph
(1)available to such country’s investigators if there are credible allegations of sexual exploitation or abuse involving nationals described in paragraph (1). It is the sense of Congress that none of the DNA samples contained in the Armed Forces Repository of Specimen Samples for the Identification of Remains should be shared with the United Nations, a United Nations specialized agency, or a United Nations affiliated organization.