[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 169 Introduced in Senate (IS)]

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.

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

  TITLE I--PROHIBITION ON CHANNELING OR DIVERTING FUNDS TO CARRY OUT 
      ACTIVITIES FOR WHICH UNITED STATES ASSISTANCE IS PROHIBITED

    Sec. 101. (a) Prohibition.--(1) Whenever any provision of United 
States law expressly refers to this section and expressly prohibits all 
United States assistance, or all assistance under a specified United 
States assistance account, from being provided to any specified foreign 
region, country, government, group, or individual for all or specified 
activities, then no officer or employee of the executive branch may--
            (A) receive, accept, hold, control, use, spend, disburse, 
        distribute, or transfer any funds or property from any foreign 
        government (including any instrumentality or agency thereof), 
        foreign person, or United States person;
            (B) use any United States funds or facilities to assist any 
        transaction whereby a foreign government (including any 
        instrumentality or agency thereof), foreign person or United 
        States person provides any funds or property to any third 
        party; or
            (C) provide any United States assistance to any third 
        party, if the purpose of any such act is the furthering or 
        carrying out of the same activities, with respect to that 
        region, country, government, group, or individual, for which 
        United States assistance is expressly prohibited.
    (2) As used within the meaning of paragraph (1), assistance which 
is provided for the purpose of furthering or carrying out the same or 
similar activities for which United States assistance is expressly 
prohibited includes assistance provided under an arrangement 
conditioning, expressly or impliedly, action by the recipient to 
further those activities.
    (b) Penalty.--Any person who knowingly and willfully violates the 
provision of subsection (a)(1) shall be imprisoned not more than five 
years or fined in accordance with title 18, United States Code, or 
both.
    (c) Presidential Notification.--(1) Whenever--
            (A) any provision of United States law described in 
        subsection (a)(1) expressly refers to this section and 
        expressly prohibits the provision of United States assistance 
        for specified recipients or activities, and
            (B) any officer or employee of the executive branch 
        advocates, promotes, or encourages the provision of funds or 
        property by any foreign government (including any 
        instrumentality or agency thereof), foreign person, or United 
        States person for the purpose of furthering or carrying out the 
        same or similar activities with respect to such recipients,
then the President shall notify the Congress in a timely fashion that 
such advocacy, promotion, or encouragement has occurred. Such 
notification may be submitted in classified form.
    (2) Nothing in this subsection shall be construed as authorizing 
any action prohibited by subsection (a).
    (d) Applicability.--The provisions of this section shall not be 
superseded except by a provision of law enacted on or after the date of 
enactment of the Foreign Relations Authorization Act, Fiscal Years 1990 
and 1991, which specifically repeals, modifies, or supersedes the 
provisions of this section.
    (e) Construction.--(1) Nothing in this section shall be construed 
to limit--
            (A) the ability of the President, the Vice President, or 
        any officer or employee of the executive branch to make 
        statements or otherwise express his views to any party on any 
        subject;
            (B) the ability of an officer or employee of the United 
        States to express the publicly enunciated policies of the 
        President; or
            (C) the ability of an officer or employee of the United 
        States to communicate with any foreign country, government, 
        group, or individual, either directly or through a third party, 
        with respect to a prohibition on United States assistance 
        covered by subsection (a)(1), including the reasons for such 
        prohibitions, and the actions, terms, or conditions which might 
        lead to the removal of such prohibition.
    (2) Nothing in this section shall be construed as waiving or 
otherwise derogating from any other provision of law imposing penalties 
or obligations with respect to any of the acts described in 
subparagraph (A), (B), or (C) of subsection (a)(1).
    (f) Definitions.--For purposes of this section--
            (1) the term ``person'' includes (A) any natural person, 
        (B) any corporation, partnership, or other legal entity, and 
        (C) any organization, association, or other group;
            (2) the term ``United States assistance'' means--
                    (A) assistance of any kind under the Foreign 
                Assistance Act of 1961;
                    (B) sales, credits, and guarantees under the Arms 
                Export Control Act;
                    (C) export licenses issued under the Arms Control 
                Act; and
                    (D) activities authorized pursuant to the National 
                Security Act of 1947 (50 U.S.C. 410 et seq.), the 
                Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 
                et seq.), or Executive Order Numbered 12333 (December 
                4, 1981), excluding any activity involving the 
                provision or sharing of intelligence information; and
            (3) the term ``United States assistance account'' means an 
        account corresponding to an authorization of appropriations for 
        United States assistance.

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