[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.
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