United Nations Oil-for-Food Accountability Act of 2005 - Requires the withholding of certain FY 2006 and 2007 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 109th Congress]
[From the U.S. Government Publishing Office]
[S. 291 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 291
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 SENATE OF THE UNITED STATES
February 3, 2005
Mr. Ensign (for himself, Mr. Chambliss, Mr. Cornyn, Mr. Kyl, Mr.
Santorum, Mr. Allard, Mr. Graham, Mr. Smith, and Mr. Crapo) introduced
the following bill; which was read twice and referred to the Committee
on Foreign 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 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) There have been allegations of substantial fraud and
corruption in the administration and management of the oil-for-
food program.
(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, approximately $1,400,000,000, to fund the
programs administrative and operational costs.
(3) The Permanent Subcommittee on Investigations of the
Committee on Homeland Security and Governmental Affairs of the
Senate estimates that during the period from 1991 through 2002,
the former Iraqi regime received $21,300,000,000 in illegal
revenues from the oil-for-food program, including
$13,600,000,000 received from oil smuggled out of Iraq,
$4,400,000,000 received from kickbacks on humanitarian goods,
and $644,000,000 received from surcharges on oil purchases and
investment of illicit revenues.
(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 must be thoroughly investigated.
(5) Documents in the files of the former Iraqi Oil Ministry
indicate that Benon Sevan, the Executive Director of the oil-
for-food program, and other senior United Nations officials may
be connected to a kickback scheme in which some 270 prominent
foreign officials, business people, and political entities
received the right to trade in Iraqi oil at below market
prices.
(6) On January 18, 2005, Samir A. Vincent, who was acting
as an unregistered Iraqi agent, became the first person
convicted in the oil-for-food scandal.
(7) On April 21, 2004, the United Nations Security Council
adopted Resolution 1538 that established a high-level inquiry
into allegations regarding the administration of the oil-for-
food program. The inquiry is led by Mr. Paul Volcker and the
investigators carrying out the inquiry do not have subpoena
powers.
(8) The ability and credibility of the United Nations
Security Council to act in matters of war and peace is
threatened due to the alleged influence of permanent member
states' politically connected individuals, companies, and
institutions who received Iraqi oil contracts.
(9) The ability of the United Nations to convey legitimacy
to the new Government of Iraq and assist in postwar Iraq is
hampered by the allegations of United Nations corruption and
mismanagement of the oil-for-food program.
SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED.
In this Act, the term ``oil-for-food program'' means the program to
permit the sale of petroleum products exported from Iraq and to use the
revenue generated from such sale for humanitarian assistance
established and administered pursuant to United Nations Security
Council Resolution 986 (April 14, 1995) and subsequent United Nations
resolutions.
SEC. 4. PAYMENT OF CERTAIN CONTRIBUTIONS CONTINGENT UPON UNITED NATIONS
COOPERATION.
(a) Withholding of Portion of Assessed Contributions.--Until the
President submits the certification under subsection (b), amounts shall
be withheld from amounts appropriated for contributions to
international organizations as follows:
(1) Fiscal year 2006 assessed contributions for united
nations regular budget.--Of the funds appropriated for
contributions to international organizations in an Act making
appropriations for fiscal year 2006, 10 percent of the amount
available for United States assessed contributions to the
regular budget of the United Nations for such fiscal year.
(2) Fiscal year 2007 assessed contributions for united
nations regular budget.--Of the funds appropriated for
contributions to international organizations in an Act making
appropriations for fiscal year 2007, 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 Government Accountability Office access to all
documents relating to the oil-for-food program so that the
Comptroller General of the United States 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 has authorized the release, upon
request, to the law enforcement authorities of any member state
of the United Nations authentic copies of any document,
including any document in the custody of a person that 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;
(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
United States Federal or State law in connection with the oil-
for-food program; and
(5) any United Nations official who received improper
financial benefits from the oil-for-food program has reimbursed
the Government of Iraq for the full amount, including interest
on such amount, that such official improperly received.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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