United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4284 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4284
To require the withholding of United States contributions to the United
Nations until the President certifies that the United Nations is
cooperating in the investigation of the United Nations Oil-for-Food
Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2004
Mr. Flake (for himself, Mr. Pence, Mr. Davis of Tennessee, Mr. Burton
of Indiana, Mr. Stenholm, Mr. Ballenger, Mr. Matheson, Mr. Chabot, Mr.
Tancredo, Mr. Smith of Michigan, Mr. Pitts, Mr. Akin, Mr. Bartlett of
Maryland, Mrs. Blackburn, Mr. Cantor, Mr. Carter, Mr. Chocola, Mrs.
Cubin, Mr. Doolittle, Mr. Feeney, Mr. Garrett of New Jersey, Mr.
Gingrey, Mr. Gutknecht, Ms. Hart, Mr. Hensarling, Mr. Herger, Mr. Jones
of North Carolina, Mrs. Kelly, Mr. King of Iowa, Mr. Kline, Mrs.
Musgrave, Mrs. Myrick, Mr. Ryan of Wisconsin, Mr. Shadegg, and Mr.
Toomey) introduced the following bill; which was referred to the
Committee on International Relations
_______________________________________________________________________
A BILL
To require the withholding of United States contributions to the United
Nations until the President certifies that the United Nations is
cooperating in the investigation of the United Nations Oil-for-Food
Program.
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 ``United Nations Oil-for-Food
Accountability Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Allegations have been raised of substantial fraud and
corruption in the administration of the Office of the Iraq Oil-
for-Food Program of the United Nations.
(2) The United Nations received 2.2 percent of the proceeds
of the sale of the oil exported from Iraq under the oil-for-
food program, representing approximately $1,400,000,000, to
fund the administrative costs of the program.
(3) The General Accounting Office estimates that during the
period from 1997 through 2002, the former Iraqi regime received
$10,100,000,000 in illegal revenues from the oil-for-food
program, including $5,700,000,000 received from oil smuggled
out of Iraq and $4,400,000,000 received from surcharges on oil
sales and illicit commissions from suppliers exporting goods to
Iraq.
(4) Any illicit activity by United Nations officials,
personnel, agents, or contractors, including entities that have
entered into contracts under the oil-for-food program, is
unacceptable and should be thoroughly investigated.
(5) Documents in the files of the former Oil Ministry of
Iraq indicate that Benon Sevan, the Executive Director of the
oil-for-food program, and other senior United Nations officials
may have been connected to an illicit scheme in which
approximately 270 prominent foreign officials, business people,
and political entities received the right to trade in Iraqi oil
at below-market prices.
(6) On April 21, 2004, the United Nations Security Council
adopted Resolution 1538, which established a high-level inquiry
into allegations regarding the administration of the oil-for-
food program. The inquiry will be led by Paul Volcker, but the
investigators will not have subpoena power.
(7) The ability and credibility of the United Nations
Security Council to act in matters of war and peace is
threatened by the alleged influence of politically connected
individuals, companies, and institutions of the permanent
member states who received Iraqi oil contracts.
(8) The ability and credibility of the United Nations to
convey legitimacy to the new Government of Iraq and assist in
the reconstruction of postwar Iraq is hampered by these
allegations of United Nations corruption and mismanagement in
the oil-for-food program.
SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED.
In this Act, the term ``oil-for-food program'' means the program
established and administered pursuant to United Nations Security
Council Resolution 986 (April 14, 1995) and subsequent United Nations
resolutions to permit the sale of petroleum products exported from Iraq
and to use the revenue generated from such sale for humanitarian
assistance.
SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS
REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION
OF UNITED NATIONS COOPERATION.
(a) Withholding of Portion of Assessed Contributions.--Until the
President submits to Congress a certification that satisfies the
requirements described in subsection (b), amounts shall be withheld
from amounts appropriated for contributions to international
organizations as follows:
(1) Of the funds appropriated for contributions to
international organizations in an Act making appropriations for
fiscal year 2005, 10 percent of the amount available for United
States assessed contributions to the regular budget of the
United Nations for such fiscal year.
(2) Of the funds appropriated for contributions to
international organizations in an Act making appropriations for
fiscal year 2006, 20 percent of the amount available for United
States assessed contributions to the regular budget of the
United Nations for such fiscal year.
(b) Certification.--The certification referred to in subsection (a)
is a certification made by the President to Congress that--
(1) the United Nations has in effect procedures that
provide the General Accounting Office access to all documents
relating to the oil-for-food program so that the Comptroller
General may perform nationally mandated reviews of United
Nations operations;
(2) the United Nations Secretary General has formally
confirmed that the United Nations will not assert the
inviolability of United Nations papers and internal records
that concern the oil-for-food program or a sanction imposed on
Iraq related to the oil-for-food program;
(3) the United Nations Secretary General has authorized the
release to the law enforcement authorities of any member state
of the United Nations authentic copies of any document in the
possession of the United Nations, including any document in the
possession of a person who was engaged on a contract basis to
provide goods or services to the United Nations, that in the
judgment of the requesting authority directly or indirectly
concerns the oil-for-food program or a sanction imposed on Iraq
related to the oil-for-food program upon request by such law
enforcement authority;
(4) the United Nations has waived any immunity enjoyed by
any United Nations official from the judicial process in the
United States for any civil or criminal acts or omissions under
Federal or State law that may have transpired within the
jurisdiction of the United States in connection with the oil-
for-food program; and
(5) any United Nations official who benefitted financially
from the oil-for-food program has reimbursed the Government of
Iraq and any other entity affected by the illicit activity of
such official the full amount that such official improperly
received from the oil-for-food program.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on International Relations.
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