I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘United Nations Oil3 for-Food Accountability Act of 2004’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Allegations have been raised of substantial 

7 fraud and corruption in the administration of the 

8 Office of the Iraq Oil-for-Food Program of the 

9 United Nations. 

10 (2) The United Nations received 2.2 percent of 

11 the proceeds of the sale of the oil exported from Iraq 

12 under the oil-for-food program, representing ap13 proximately $1,400,000,000, to fund the administra14 tive costs of the program. 

15 (3) The General Accounting Office estimates 

16 that during the period from 1997 through 2002, the 

17 former Iraqi regime received $10,100,000,000 in il18 legal revenues from the oil-for-food program, includ19 ing $5,700,000,000 received from oil smuggled out 

20 of Iraq and $4,400,000,000 received from sur21 charges on oil sales and illicit commissions from sup22 pliers exporting goods to Iraq. 

23 (4) Any illicit activity by United Nations offi24 cials, personnel, agents, or contractors, including en25 tities that have entered into contracts under the oil- 
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1 for-food program, is unacceptable and should be 

2 thoroughly investigated. 

3 (5) Documents in the files of the former Oil 

4 Ministry of Iraq indicate that Benon Sevan, the Ex5 ecutive Director of the oil-for-food program, and 

6 other senior United Nations officials may have been 

7 connected to an illicit scheme in which approxi8 mately 270 prominent foreign officials, business peo9 ple, and political entities received the right to trade 

10 in Iraqi oil at below-market prices. 

11 (6) On April 21, 2004, the United Nations Se12 curity Council adopted Resolution 1538, which es13 tablished a high-level inquiry into allegations regard14 ing the administration of the oil-for-food program. 

15 The inquiry will be led by Paul Volcker, but the in16 vestigators will not have subpoena power. 

17 (7) The ability and credibility of the United Na18 tions Security Council to act in matters of war and 

19 peace is threatened by the alleged influence of politi20 cally connected individuals, companies, and institu21 tions of the permanent member states who received 

22 Iraqi oil contracts. 

23 (8) The ability and credibility of the United Na24 tions to convey legitimacy to the new Government of 

25 Iraq and assist in the reconstruction of postwar Iraq 
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1 is hampered by these allegations of United Nations 

2 corruption and mismanagement in the oil-for-food 

3 program. 

4 SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED. 

5 In this Act, the term ‘‘oil-for-food program’’ means 

6 the program established and administered pursuant to 

7 United Nations Security Council Resolution 986 (April 14, 

8 1995) and subsequent United Nations resolutions to per9 mit the sale of petroleum products exported from Iraq and 

10 to use the revenue generated from such sale for humani11 tarian assistance. 

12 SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR 

13 UNITED NATIONS REGULAR BUDGET CONTIN14 GENT UPON PRESIDENTIAL CERTIFICATION 

15 OF UNITED NATIONS COOPERATION. 

16 (a) WITHHOLDING OF PORTION OF ASSESSED CON17 TRIBUTIONS.—Until the President submits to Congress a 

18 certification that satisfies the requirements described in 

19 subsection (b), amounts shall be withheld from amounts 

20 appropriated for contributions to international organiza21 tions as follows: 

22 (1) Of the funds appropriated for contributions 

23 to international organizations in an Act making ap24 propriations for fiscal year 2005, 10 percent of the 

25 amount available for United States assessed con-
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1 tributions to the regular budget of the United Na2 tions for such fiscal year. 

3 (2) Of the funds appropriated for contributions 

4 to international organizations in an Act making ap5 propriations for fiscal year 2006, 20 percent of the 

6 amount available for United States assessed con7 tributions to the regular budget of the United Na8 tions for such fiscal year. 

9 (b) CERTIFICATION.—The certification referred to in 

10 subsection (a) is a certification made by the President to 

11 Congress that— 

12 (1) the United Nations has in effect procedures 

13 that provide the General Accounting Office access to 

14 all documents relating to the oil-for-food program so 

15 that the Comptroller General may perform nation16 ally mandated reviews of United Nations operations; 

17 (2) the United Nations Secretary General has 

18 formally confirmed that the United Nations will not 

19 assert the inviolability of United Nations papers and 

20 internal records that concern the oil-for-food pro21 gram or a sanction imposed on Iraq related to the 

22 oil-for-food program; 

23 (3) the United Nations Secretary General has 

24 authorized the release to the law enforcement au25 thorities of any member state of the United Nations 
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1 authentic copies of any document in the possession 

2 of the United Nations, including any document in 

3 the possession of a person who was engaged on a 

4 contract basis to provide goods or services to the 

5 United Nations, that in the judgment of the request6 ing authority directly or indirectly concerns the oil7 for-food program or a sanction imposed on Iraq re8 lated to the oil-for-food program upon request by 

9 such law enforcement authority; 

10 (4) the United Nations has waived any immu11 nity enjoyed by any United Nations official from the 

12 judicial process in the United States for any civil or 

13 criminal acts or omissions under Federal or State 

14 law that may have transpired within the jurisdiction 

15 of the United States in connection with the oil-for16 food program; and 

17 (5) any United Nations official who benefitted 

18 financially from the oil-for-food program has reim19 bursed the Government of Iraq and any other entity 

20 affected by the illicit activity of such official the full 

21 amount that such official improperly received from 

22 the oil-for-food program. 

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