To facilitate the establishment of a United Nations civilian police corps for international peace operations to maintain the rule of law and promote peace and stability in post-conflict situations.

March 25, 2003

Mr. MCGOVERN (for himself and Mr. HOUGHTON) introduced the following bill; which was referred to the Committee on International Relations

To facilitate the establishment of a United Nations civilian police corps for international peace operations to maintain the rule of law and promote peace and stability in post-conflict situations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `International Rule of Law and Antiterrorism Act of 2003'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) It is in the national security interest of the United States to support efforts to restore the rule of law in post-conflict and failed countries in order to prevent such countries from becoming safe havens for terrorist organizations and organized crime networks that threaten the security of United States interests, citizens, and its allies.

(2) The responsibility of a civilian police force within a United Nations international peace operation is to help establish and maintain the rule of law and provide for the security necessary for post-conflict reconstruction to take place.

(3) The restoration of the rule of law, despite its importance, remains a significant weakness of current United Nations international peace operations.

SEC. 3. SUPPORT FOR THE CREATION OF A PROFESSIONAL UN CIVILIAN POLICE CORPS (UNCPC).

(a) FINDINGS- Congress finds the following:

(1) The creation of a professional United Nations civilian police corps (UNCPC) would--

(A) greatly reduce the current need for combat soldiers to engage in civilian policing activities;

(B) allow combat soldiers who are deployed to be withdrawn earlier from a post-conflict situation without compromising security;

(C) allow the United Nations to more rapidly and effectively take responsibility for maintaining a secure environment that allows aid providers to move forward with relief, development, and democracy-building tasks;

(D) permit the United Nations to recruit civilian police personnel with the appropriate levels of expertise and training in police procedures and United Nations international peace operations, as determined by international standards to be established by the United Nations member states through negotiations; and

(E) institute a system of accountability for civilian police in United Nations international peace operations, augmenting present civil disciplinary procedures with a standard code of conduct and an enforcement mechanism implemented in collaboration with United Nations member states.

(2) The right of the United States to exercise its veto within the United Nations Security Council ensures that no action taken by the United Nations would be detrimental to the interests of the United States.

(b) NEGOTIATIONS TO ESTABLISH A UN CIVILIAN POLICE CORPS- The President shall--

(1) direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to establish negotiations with the United Nations and United Nations member states to establish a professional United Nations civilian police corps (UNCPC);

(2) direct the Secretary of State to request that the United Nations Secretariat prepare a report concerning the establishment of a professional United Nations civilian police corps; and

(3) direct the Secretary of State to work with the United Nations Secretariat and other United Nations member states to establish standards and training programs for international civilian police.

(c) SENSE OF CONGRESS- It is the sense of Congress that a professional United Nations civilian police corps established in accordance with subsection (b)--

(1) should be composed of the appropriate number of law enforcement professionals recruited and employed by the United Nations who are appropriately trained and equipped for civilian policing functions in United Nations international peace operations and available for rapid deployment to such international peace operations as needed;

(2) should be able to deploy not later than 15 days after the date on which a deployment is authorized pursuant to a United Nations Security Council resolution;

(3) should be managed by the United Nations Civilian Police Division, established in October 2000 and mandated to plan and support the work of United Nations civilian police officers in United Nations peacekeeping operations; and

(4) should be given the appropriate resources to do its job properly, including funding, equipment, training, logistical support, and staffing, including support personnel as well as corrections and judicial law enforcement professionals.

SEC. 4. REPORT ON STATUS OF NEGOTIATIONS.

Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the President shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains a detailed description of the progress of negotiations to establish a professional United Nations civilian police corps in accordance with section 3(b).

SEC. 5. DEFINITIONS.

In this Act:

(1) RULE OF LAW- The term `rule of law' means the ability of a country, through institutions and other means, to ensure the security and well being of its citizens through the enforcement of public laws.

(2) UNITED NATIONS INTERNATIONAL PEACE OPERATION- The term `United Nations international peace operation' means a field operation conducted by the United Nations, or under the authority of the United Nations Security Council, for the purpose of implementing a peace agreement, the mandate of which may include establishing a secure post-conflict environment and restoring the rule of law, to enable reconstruction and development efforts to be established and carried out.

END