II

103D CONGRESS

1ST SESSION S. 169

To prohibit the solicitation or diversion of funds to carry out activities

forbidden by law.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations

A BILL

To prohibit the solicitation or diversion of funds to carry

out activities forbidden by law.

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

3 TITLE I—PROHIBITION ON CHANNELING

4 OR DIVERTING FUNDS TO CARRY OUT

5 ACTIVITIES FOR WHICH UNITED

6 STATES ASSISTANCE IS PROHIBITED

7 SEC. 101. (a) PROHIBITION.—(1) Whenever any pro8 vision of United States law expressly refers to this section

9 and expressly prohibits all United States assistance, or all

10 assistance under a specified United States assistance ac-
2

S 169 IS

1 count, from being provided to any specified foreign region,

2 country, government, group, or individual for all or speci3 fied activities, then no officer or employee of the executive

4 branch may—

5 (A) receive, accept, hold, control, use, spend,

6 disburse, distribute, or transfer any funds or prop7 erty from any foreign government (including any in8 strumentality or agency thereof), foreign person, or

9 United States person;

10 (B) use any United States funds or facilities to

11 assist any transaction whereby a foreign government

12 (including any instrumentality or agency thereof),

13 foreign person or United States person provides any

14 funds or property to any third party; or

15 (C) provide any United States assistance to any

16 third party, if the purpose of any such act is the fur17 thering or carrying out of the same activities, with

18 respect to that region, country, government, group,

19 or individual, for which United States assistance is

20 expressly prohibited.

21 (2) As used within the meaning of paragraph (1), as22 sistance which is provided for the purpose of furthering

23 or carrying out the same or similar activities for which

24 United States assistance is expressly prohibited includes

25 assistance provided under an arrangement conditioning,
3

S 169 IS

1 expressly or impliedly, action by the recipient to further

2 those activities.

3 (b) PENALTY.—Any person who knowingly and will4 fully violates the provision of subsection (a)(1) shall be

5 imprisoned not more than five years or fined in accordance

6 with title 18, United States Code, or both.

7 (c) PRESIDENTIAL NOTIFICATION.—(1) Whenever—

8 (A) any provision of United States law de9 scribed in subsection (a)(1) expressly refers to this

10 section and expressly prohibits the provision of

11 United States assistance for specified recipients or

12 activities, and

13 (B) any officer or employee of the executive

14 branch advocates, promotes, or encourages the provi15 sion of funds or property by any foreign government

16 (including any instrumentality or agency thereof),

17 foreign person, or United States person for the pur18 pose of furthering or carrying out the same or simi19 lar activities with respect to such recipients,

20 then the President shall notify the Congress in a timely

21 fashion that such advocacy, promotion, or encouragement

22 has occurred. Such notification may be submitted in clas23 sified form.

24 (2) Nothing in this subsection shall be construed as

25 authorizing any action prohibited by subsection (a).
4

S 169 IS

1 (d) APPLICABILITY.—The provisions of this section

2 shall not be superseded except by a provision of law en3 acted on or after the date of enactment of the Foreign

4 Relations Authorization Act, Fiscal Years 1990 and 1991,

5 which specifically repeals, modifies, or supersedes the pro6 visions of this section.

7 (e) CONSTRUCTION.—(1) Nothing in this section

8 shall be construed to limit—

9 (A) the ability of the President, the Vice Presi10 dent, or any officer or employee of the executive

11 branch to make statements or otherwise express his

12 views to any party on any subject;

13 (B) the ability of an officer or employee of the

14 United States to express the publicly enunciated

15 policies of the President; or

16 (C) the ability of an officer or employee of the

17 United States to communicate with any foreign

18 country, government, group, or individual, either di19 rectly or through a third party, with respect to a

20 prohibition on United States assistance covered by

21 subsection (a)(1), including the reasons for such

22 prohibitions, and the actions, terms, or conditions

23 which might lead to the removal of such prohibition.

24 (2) Nothing in this section shall be construed as

25 waiving or otherwise derogating from any other provision
5

S 169 IS

1 of law imposing penalties or obligations with respect to

2 any of the acts described in subparagraph (A), (B), or (C)

3 of subsection (a)(1).

4 (f) DEFINITIONS.—For purposes of this section—

5 (1) the term ‘‘person’’ includes (A) any natural

6 person, (B) any corporation, partnership, or other

7 legal entity, and (C) any organization, association,

8 or other group;

9 (2) the term ‘‘United States assistance’’

10 means—

11 (A) assistance of any kind under the For12 eign Assistance Act of 1961;

13 (B) sales, credits, and guarantees under

14 the Arms Export Control Act;

15 (C) export licenses issued under the Arms

16 Control Act; and

17 (D) activities authorized pursuant to the

18 National Security Act of 1947 (50 U.S.C. 410

19 et seq.), the Central Intelligence Agency Act of

20 1949 (50 U.S.C. 403a et seq.), or Executive

21 Order Numbered 12333 (December 4, 1981),

22 excluding any activity involving the provision or

23 sharing of intelligence information; and

24 (3) the term ‘‘United States assistance ac25 count’’ means an account corresponding to an au-
6

S 169 IS

1 thorization of appropriations for United States as2 sistance.

Æ