[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1922 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1922

 To limit assistance to Iran, North Korea, Syria, Egypt, and Pakistan, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2013

Mr. Gosar (for himself and Mr. Sensenbrenner) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
  addition to the Committee on Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To limit assistance to Iran, North Korea, Syria, Egypt, and Pakistan, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign Assistance 
Under Limitation and Transparency Act'' or ``FAULT Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
               TITLE I--LIMITATIONS ON FOREIGN ASSISTANCE

Sec. 101. Limitation on assistance to Iran, North Korea, Syria, Egypt, 
                            and Pakistan.
Sec. 102. Limitation on assistance to other countries.
Sec. 103. Limitation on assistance to private voluntary organizations.
Sec. 104. Statement of policy on assistance to foreign terrorist 
                            organizations.
Sec. 105. Report on unobligated funds available for sanctioned 
                            countries and organizations under this Act.
Sec. 106. Inapplicability of other provisions of law.
              TITLE II--TRANSPARENCY AND OTHER PROVISIONS

Sec. 201. Termination of designation of Egypt and Pakistan as major 
                            non-NATO allies.
Sec. 202. Annual foreign assistance report to Congress.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Foreign assistance is an important tool utilized to 
        facilitate diplomacy by making investments in infrastructure 
        and basic human needs abroad.
            (2) United States taxpayer dollars should be used prudently 
        and appropriately, and should not be distributed to those who 
        seek to do harm to Americans or our allies.
            (3) Failure to cooperate with the United States as it 
        carries out its foreign policy objectives should necessarily 
        lead to restricted or terminated United States foreign 
        assistance.
            (4) Once foreign assistance to a country is restricted, 
        Congress reserves the right to reinstate any such foreign 
        assistance based on substantive changes in rhetoric or action 
        of that country, and on a case-by-case basis.
            (5) The countries of Iran, North Korea, Syria, Egypt, and 
        Pakistan have engaged in activities that undermine the security 
        and foreign policy objectives of the United States or 
        compromise regional and international stability.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given such term in section 102 of 
        the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
            (2) Appropriate congressional committees.--Except as 
        otherwise provided, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate.
            (3) Covered country.--The term ``covered country'' means a 
        country with respect to which the limitation on foreign 
        assistance under section 101(a) of this Act is in effect.
            (4) Emergency international disaster assistance.--The term 
        ``emergency international disaster assistance'' means short-
        term assistance in the immediate aftermath of a disaster that 
        includes--
                    (A) infrastructure repairs and improvements;
                    (B) mitigating the effects of the disaster;
                    (C) assisting internally displaced persons;
                    (D) harboring refugees;
                    (E) providing agricultural commodities;
                    (F) providing medicine; and
                    (G) providing medical devices.
            (5) Financial instrument.--The term ``financial 
        instrument'' means any direct cash payment, cash transfer, or 
        monetary instrument.
            (6) Foreign assistance.--The term ``foreign assistance'' 
        has the meaning given such term in section 634(b) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2394(b)).
            (7) Government.--The term ``government'' means, with 
        respect to a foreign country, any centralized state, 
        provincial, or municipal government of the country.
            (8) Humanitarian assistance.--The term ``humanitarian 
        assistance'' means--
                    (A) disaster relief assistance, including any 
                assistance under chapter 9 of part I of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2292 et seq.) 
                (relating to international disaster assistance); and
                    (B) refugee assistance, including any assistance 
                under the Migration and Refugee Act of 1962 (22 U.S.C. 
                2601 et seq.) (relating to international refugee and 
                migration assistance).
            (9) Major non-nato ally.--The term ``major non-NATO ally'' 
        means a country that is designated as a major non-NATO ally 
        pursuant to section 517 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2321k), as amended by section 201(a)(2) of this Act.
            (10) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (11) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (12) NATO.--The term ``NATO'' means the North Atlantic 
        Treaty Organization.
            (13) Private voluntary organization.--The term ``private 
        voluntary organization'' has the meaning given such term in 
        section 259(12) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2214a(12)).
            (14) United states ally.--The term ``United States ally'' 
        means--
                    (A) a NATO member state (other than the United 
                States); or
                    (B) a major non-NATO ally.

               TITLE I--LIMITATIONS ON FOREIGN ASSISTANCE

SEC. 101. LIMITATION ON ASSISTANCE TO IRAN, NORTH KOREA, SYRIA, EGYPT, 
              AND PAKISTAN.

    (a) Limitation.--
            (1) In general.--Notwithstanding any other provision of 
        law, no funds made available to any Federal department or 
        agency may be used to provide foreign assistance to Iran, North 
        Korea, Syria, Egypt, and Pakistan.
            (2) Exception.--The limitation on foreign assistance in 
        paragraph (1) shall not apply to agricultural commodities, 
        medicine, or medical devices, except that the aggregate value 
        of such assistance in any fiscal year may not exceed 
        $50,000,000.
    (b) General Waiver.--
            (1) In general.--Notwithstanding any other provision of 
        law, the limitation on foreign assistance in subsection (a) may 
        not be waived with respect to a country specified in subsection 
        (a) unless the President submits to the appropriate 
        congressional committees at least 45 days before the proposed 
        waiver would take effect a report certifying that there has 
        been a fundamental change in the policies of the government of 
        such country, including--
                    (A) information relating to such government's 
                assurances of--
                            (i) free and democratic elections without 
                        pressure from such government or any 
                        organization affiliated with such government;
                            (ii) freedom of religious belief and 
                        practice; and
                            (iii) freedom of speech and expression;
                    (B) information relating to such government's 
                attempts and successes to date with regard to 
                eradicating the trafficking of--
                            (i) persons;
                            (ii) weapons of mass destruction or 
                        components to facilitate the creation of such 
                        weapons;
                            (iii) illicit narcotics; and
                            (iv) any financial instrument used to 
                        facilitate the trafficking of any persons 
                        described in clause (i), weapons or components 
                        described in clause (ii), or illicit narcotics 
                        described in clause (iii), if such trafficking 
                        originates, passes through, or is destined for 
                        such country or any entity under that country's 
                        jurisdiction;
                    (C) information relating to such government's 
                attempts and successes to date with regard to 
                eradicating--
                            (i) gross violations of internationally 
                        recognized human rights, including torture;
                            (ii) cruel, inhuman, or degrading treatment 
                        or punishment;
                            (iii) prolonged detention without charges;
                            (iv) causing the disappearance of a person 
                        by the abduction and clandestine detention of 
                        such person; or
                            (v) other flagrant denial of the right to 
                        life, liberty, and the security of a person;
                    (D) information relating to such government's 
                attempts and successes to date with regard to 
                eradicating child exploitation, abuse, or forced 
                conscription into military or paramilitary services;
                    (E) information relating to such government's 
                attempts and successes to date with regard to 
                eradicating admissions biases based on gender, 
                religion, disability, or other similar biases at 
                institutions of learning that are funded by the 
                government of such country;
                    (F) information relating to such government's 
                denouncement of the damage or destruction by mob action 
                of United States property within such country, 
                provision of appropriate measures to prevent a 
                recurrence thereof, and provision of adequate 
                compensation for such damage or destruction; and
                    (G) information relating to such government's 
                assurances that it--
                            (i) is not currently engaged in violence 
                        against its own citizens, residents, or 
                        inhabitants;
                            (ii) has publicly and appropriately 
                        expressed the State of Israel's right to 
                        peacefully exist;
                            (iii) is not supporting acts of 
                        international terrorism and has provided 
                        assurances it will not support acts of 
                        international terrorism in the future;
                            (iv) is taking a public, active role in 
                        eradicating any element of international 
                        terrorism within its borders; and
                            (v) if such country does not possess a 
                        nuclear weapon as of the date of the enactment 
                        of this Act, is not engaged in a nuclear 
                        weapons development program.
            (2) Disapproval of general waiver.--
                    (A) In general.--The limitation on foreign 
                assistance in subsection (a) may not be waived with 
                respect to a country specified in subsection (a) if 
                Congress, within 45 days after receipt of a report 
                under paragraph (1), enacts a joint resolution the 
                matter after the resolving clause of which is as 
                follows: ``That the proposed waiver of the limitation 
                on foreign assistance with respect to ____ as contained 
                in the report submitted to Congress under section 
                101(b) of the Foreign Assistance Under Limitation and 
                Transparency Act on ____ is hereby prohibited.'', the 
                first blank to be completed with the name of the 
                country and the second blank to be completed with the 
                appropriate date.
                    (B) House and senate procedures.--A joint 
                resolution described in paragraph (1) and introduced 
                within the appropriate 45-day period shall be 
                considered in the Senate and the House of 
                Representatives in accordance with paragraphs (3) 
                through (7) of section 8066(c) of the Department of 
                Defense Appropriations Act (as contained in Public Law 
                98-473), except that references in such paragraphs to 
                the Committees on Appropriations of the House of 
                Representatives and the Senate shall be deemed to be 
                references to the Committee on Foreign Affairs of the 
                House of Representatives and the Committee on Foreign 
                Relations of the Senate, respectively.
    (c) Humanitarian Waiver.--
            (1) In general.--The President may waive, for a period of 
        120 days, the limitation on foreign assistance in subsection 
        (a) with respect to providing humanitarian assistance to a 
        country specified in subsection (a) if--
                    (A) prior to waiving such prohibition, the 
                President submits to Congress a report that contains a 
                determination of the President that the people residing 
                within the country--
                            (i) have been affected by a natural 
                        disaster, limited to fire, famine, earthquake, 
                        drought, hurricane, typhoon, tsunami, tropical 
                        storm, flood, landslide and debris flow, 
                        widespread disease, or volcano eruption; or
                            (ii) face imminent threat from exposure to 
                        radioactive or toxic elements due to the 
                        failure of any power source or other machinery 
                        directly involved with radioactive or toxic 
                        material; and
                    (B) the humanitarian assistance to be provided will 
                not be provided to or through the government of the 
                country.
            (2) Humanitarian waiver renewal.--At the end of the 120-day 
        waiver period specified in paragraph (1), the President may 
        extend the waiver for additional 90-day periods if the 
        President submits, not less than 10 days prior to the start of 
        each 90-day period, a comprehensive status report to the 
        appropriate congressional committees on--
                    (A) the extent to which further humanitarian 
                assistance is needed;
                    (B) the manner in which the humanitarian assistance 
                has been administered; and
                    (C) the effectiveness of the humanitarian 
                assistance.
            (3) Limitation.--The aggregate value of humanitarian 
        assistance provided under this subsection in any fiscal year 
        may not exceed $50,000,000.
    (d) Effective Date.--This section takes effect on the date of the 
enactment of this Act and applies with respect to funds made available 
to any Federal department or agency for any fiscal year after fiscal 
year 2013.

SEC. 102. LIMITATION ON ASSISTANCE TO OTHER COUNTRIES.

    (a) Limitation.--
            (1) In general.--Notwithstanding any other provision of 
        law, no funds made available to any Federal department or 
        agency may be used to provide foreign assistance to any country 
        unless the government of such country provides assurances in 
        writing to the head of the Federal department or agency that 
        the government of such country will not provide assistance 
        (other than assistance described in paragraph (2)) to a covered 
        country.
            (2) Exception.--The limitation on foreign assistance in 
        paragraph (1) shall not apply to agricultural commodities, 
        medicine, medical devices, or emergency international disaster 
        assistance.
            (3) Submission of assurances.--The head of such Federal 
        department or agency shall submit to the appropriate 
        congressional committees a copy of the assurances described in 
        paragraph (1) as soon as practicable after the date on which 
        the government of the country provides the assurances to the 
        head of such Federal department or agency.
    (b) Penalties.--
            (1) In general.--A country that provides foreign assistance 
        to a covered country in violation of subsection (a) shall be 
        ineligible to receive further foreign assistance during the 
        period--
                    (A) beginning on the date on which the head of the 
                Federal department or agency determines the violation 
                occurred; and
                    (B) ending on the date that is not less than 5 
                years but not more than 12 years after the date 
                described in subparagraph (A).
            (2) Notification.--The head of such Federal department or 
        agency shall submit to the appropriate congressional committees 
        a notification containing the name of the country that is 
        ineligible to receive further foreign assistance as determined 
        under this subsection and the time period of ineligibility for 
        such foreign assistance as determined under this subsection.
    (c) Humanitarian Waiver.--
            (1) In general.--The President may waive, for a period of 
        120 days, the limitation on foreign assistance in subsection 
        (a) with respect to providing humanitarian assistance to a 
        country specified in subsection (a) if--
                    (A) prior to waiving such prohibition, the 
                President submits to Congress a report that contains a 
                determination of the President that the people residing 
                within the country--
                            (i) have been affected by a natural 
                        disaster, limited to fire, famine, earthquake, 
                        drought, hurricane, typhoon, tsunami, tropical 
                        storm, flood, landslide and debris flow, 
                        widespread disease, or volcano eruption; or
                            (ii) face imminent threat from exposure to 
                        radioactive or toxic elements due to the 
                        failure of any power source or other machinery 
                        directly involved with radioactive or toxic 
                        material; and
                    (B) the humanitarian assistance to be provided will 
                not be provided to or through the government of the 
                country.
            (2) Humanitarian waiver renewal.--At the end of the 120-day 
        waiver period specified in paragraph (1), the President may 
        extend the waiver for additional 90-day periods if the 
        President submits, not less than 10 days prior to the start of 
        each 90-day period, a comprehensive status report to the 
        appropriate congressional committees on--
                    (A) the extent to which further humanitarian 
                assistance is needed;
                    (B) the manner in which the humanitarian assistance 
                has been administered; and
                    (C) the effectiveness of the humanitarian 
                assistance.
            (3) Limitation.--The aggregate value of humanitarian 
        assistance provided under this subsection in any fiscal year 
        may not exceed $50,000,000.
    (d) Effective Date.--This section takes effect on the date of the 
enactment of this Act and applies with respect to funds made available 
to any Federal department or agency for any fiscal year after fiscal 
year 2013.

SEC. 103. LIMITATION ON ASSISTANCE TO PRIVATE VOLUNTARY ORGANIZATIONS.

    (a) Limitation.--
            (1) In general.--Notwithstanding any other provision of 
        law, no funds made available to any Federal department or 
        agency may be used to provide foreign assistance to any private 
        voluntary organization unless the private voluntary 
        organization provides assurances in writing to the head of the 
        Federal department or agency that the private voluntary 
        organization--
                    (A) will not provide assistance (other than 
                assistance described in paragraph (2)) to any covered 
                country; and
                    (B) will not enter into any contract or sub-
                contract to provide assistance (other than assistance 
                described in paragraph (2)) to any covered country.
            (2) Exception.--The limitation on foreign assistance in 
        paragraph (1) shall not apply to agricultural commodities, 
        medicine, medical devices, or emergency international disaster 
        assistance.
            (3) Submission of assurances.--The head of such Federal 
        department or agency shall submit to the appropriate 
        congressional committees a copy of the assurances described in 
        paragraph (1) as soon as practicable after the date on which 
        the private voluntary organization provides the assurances to 
        the head of such Federal department or agency.
    (b) Penalties.--Whoever, acting on behalf of a private voluntary 
organization, shall willfully violate any of the provisions of this 
section, shall, upon conviction, be fined not more than $50,000, or, if 
a natural person, imprisoned for not more than 20 years, or both, and 
the officer, director, or agent of any private voluntary organization 
who knowingly participates in such violation shall be punished by a 
like fine, imprisonment, or both.
    (c) Effective Date.--This section takes effect on the date of the 
enactment of this Act and applies with respect to funds made available 
to any Federal department or agency for any fiscal year after fiscal 
year 2013

SEC. 104. STATEMENT OF POLICY ON ASSISTANCE TO FOREIGN TERRORIST 
              ORGANIZATIONS.

    (a) Finding.--Congress finds it immoral and counterproductive to 
lend any type of foreign assistance to any organization that has used 
violence or threatens violence against the United States, the State of 
Israel, or any other United States ally.
    (b) Statement of Policy.--Congress--
            (1) reaffirms, in accordance with section 2339B of title 
        18, United States Code, no funds made available to any Federal 
        department or agency may be used to provide foreign assistance 
        to any foreign terrorist organization as described in such 
        section; and
            (2) affirms that contracts facilitating foreign assistance 
        transfers, such as Limited Scope Grant Agreements and Strategic 
        Objective Grant Agreements, and all other similar documents and 
        contracts used to facilitate the transfer of monies for foreign 
        assistance, must contain language that specifically prohibits 
        any monies from being transferred, directly or indirectly, to 
        any foreign terrorist organization.

SEC. 105. REPORT ON UNOBLIGATED FUNDS AVAILABLE FOR SANCTIONED 
              COUNTRIES AND ORGANIZATIONS UNDER THIS ACT.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the President shall submit to the specified 
congressional committees a report detailing and accounting for all 
unobligated funds available for assistance for countries and 
organizations described in subsection (b) for purposes of providing for 
the rescission of such funds.
    (b) Countries and Organizations Described.--Countries and 
organizations referred to in subsection (a) are--
            (1) covered countries under this Act;
            (2) countries with respect to which the limitation on 
        foreign assistance under section 102(a) is in effect; and
            (3) private voluntary organizations with respect to which 
        the limitation on foreign assistance under section 103(a) is in 
        effect
    (c) Definition.--In this section, the term ``specified 
congressional committees'' means--
            (1) the appropriate congressional committees; and
            (2) the Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of the 
        Senate.

SEC. 106. INAPPLICABILITY OF OTHER PROVISIONS OF LAW.

    The provisions of this title may not be waived under any provision 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.) (other 
than chapter 9 of part I of such Act), the Arms Export Control Act (22 
U.S.C. 2751 et seq.), any other Act authorizing foreign assistance, or 
any Act making appropriations for the Department of State, foreign 
operations, or related programs.

              TITLE II--TRANSPARENCY AND OTHER PROVISIONS

SEC. 201. TERMINATION OF DESIGNATION OF EGYPT AND PAKISTAN AS MAJOR 
              NON-NATO ALLIES.

    (a) Egypt.--
            (1) In general.--Effective beginning on the date of the 
        enactment of this Act--
                    (A) the designation of Egypt as a major non-NATO 
                ally pursuant to subsection (b) of section 517 of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2321k) shall 
                be deemed to have been terminated by the President 
                pursuant to subsection (a)(2) of such section 
                irrespective of the requirement to notify Congress 
                pursuant to such section; and
                    (B) the President may not issue a separate 
                designation of Egypt as a major non-NATO ally pursuant 
                to section 517(a)(1) of such Act or any other provision 
                of law.
            (2) Conforming amendment.--Section 517(b) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321k(b)) is amended by 
        striking ``Egypt,''.
    (b) Pakistan.--Effective beginning on the date of the enactment of 
this Act--
            (1) the designation of Pakistan as a major non-NATO ally 
        pursuant to paragraph (1) of section 517(a) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2321k(a)) (Presidential 
        Determination No. 2004-37; 69 Fed. Reg. 38797) shall be deemed 
        to have been terminated by the President pursuant to paragraph 
        (2) of such section irrespective of the requirement to notify 
        Congress pursuant to such section; and
            (2) the President may not issue a separate designation of 
        Pakistan as a major non-NATO ally pursuant to section 517(a)(1) 
        of such Act or any other provision of law.
    (c) Effective Dates.--
            (1) Egypt.--Subsection (a) shall be effective for the 
        period beginning on the date of the enactment of this Act and 
        ending on the date on which the Secretary of State certifies to 
        the appropriate congressional committees that the Government of 
        Egypt has drafted a new constitution, held a national 
        referendum to approve the new constitution and scheduled a date 
        for national democratic elections to elect a new government 
        under the new constitution.
            (2) Pakistan.--Subsection (b) shall be effective for the 
        period beginning on the date of the enactment of this Act and 
        ending on the date on which the Secretary of State certifies to 
        the appropriate congressional committees that the Government of 
        Pakistan has drafted a new constitution, held a national 
        referendum to approve the new constitution and scheduled a date 
        for national democratic elections to elect a new government 
        under the new constitution.
            (3) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to authorize the President to issue a separate designation of 
Egypt or Pakistan as a major non-NATO ally of the United States 
pursuant to section 517(a)(1) of the Foreign Assistance Act of 1961 for 
the period during which subsection (a) or subsection (b), as the case 
may be, is in effect.

SEC. 202. ANNUAL FOREIGN ASSISTANCE REPORT TO CONGRESS.

    Section 634(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2394(a)) is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) by redesignating paragraph (12) as paragraph (14); and
            (3) by inserting after paragraph (11) the following new 
        paragraphs:
            ``(12) with respect to each private voluntary organization 
        (as such term is defined in section 259(12)) that receives 
        United States foreign assistance, a determination and 
        accounting of--
                    ``(A) how the organization allocates its funds, 
                including dollar amounts disbursed for foreign 
                assistance, dollar amounts expended for salaries and 
                bonuses for such organization's founders, managers, and 
                other employees, and dollar amounts expended for 
                administrative purposes of such organization; and
                    ``(B) whether or not such organization provides any 
                assistance directly or indirectly to a covered country 
                (as such term is defined in section 3(2) of the Foreign 
                Assistance Under Limitation and Transparency Act), and 
                if any assistance was provided either directly or 
                indirectly to a covered country, a determination and 
                accounting of the type of such assistance;
            ``(13) with respect to each country that receives United 
        States foreign assistance, whether bilaterally or otherwise, a 
        determination and accounting of whether or not the country 
        provides any assistance directly or indirectly to a covered 
        country (as such term is defined in section 3(2) of the Foreign 
        Assistance Under Limitation and Transparency Act), and a 
        determination and accounting of the type of such assistance; 
        and''.
                                 <all>