[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4832 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4832

To prohibit the use of United States embassies or consulates in raising 
           funds for foreign political parties or candidates.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 21 (legislative day, October 19), 2020

  Mr. Markey introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of United States embassies or consulates in raising 
           funds for foreign political parties or candidates.

    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 ``Opposing Foreign Fundraising at 
United States Embassies Act of 2020'' or the ``OFF U.S. Embassies Act 
of 2020''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The promotion of democratic institutions and free and 
        fair elections is a key foreign policy initiative of the United 
        States, carried out by the Department of State through its 
        embassies, diplomats, programs, and policies around the world.
            (2) Meeting with and building relationships with a range of 
        political parties in foreign countries are appropriate and 
        important functions consistent with the duties of any United 
        States Ambassador or representative of the United States 
        Government abroad.
            (3) It is the longstanding and bipartisan practice of the 
        United States to encourage democratic norms, free and fair 
        elections, rule of law, and free speech abroad, without regard 
        for political party or affiliation.
            (4) The use of United States embassy or consulate grounds, 
        or the grounds of any other United States diplomatic post, to 
        raise funds for any foreign political party or candidate in a 
        foreign democratic electoral process is inappropriate and 
        distinct from longstanding Department of State efforts to 
        engage with foreign persons, including democracy activists and 
        representatives of political parties, to advance democratic 
        institutions and universal values around the world.
            (5) On September 10, 2020, United States Ambassador to the 
        Netherlands Pete Hoekstra held a private event for a Dutch 
        political party and its donors at the United States Embassy in 
        The Hague.
            (6) The invitations to the event asked guests to join the 
        United States Embassy ``at the invitation of the Forum for 
        Democracy and Pete Hoekstra,'' and included contact details for 
        the ``Head of Fundraising'' of that foreign political party.
            (7) Prior donors to the political party were invited and 
        attended the event at the United States Embassy.
            (8) The leader of the foreign political party used the 
        event at the United States Embassy to speak about campaign 
        strategy and to display a video made ahead of the 2021 
        electoral campaign in the Netherlands.
            (9) Following news reports highlighting the similarities 
        between the September 10, 2020, event held at the United States 
        Embassy and a political fundraiser, Dutch lawmakers raised 
        concerns, with one member of parliament calling on the Dutch 
        Foreign Ministry to investigate whether Ambassador Hoekstra had 
        ``facilitated a fund raising event for a political party''.
            (10) Such behavior is part of a pattern in which Department 
        of State officials under President Donald J. Trump have 
        publicly engaged in political activities that break with the 
        longstanding practice of not using one's official position to 
        lend support to particular parties or candidates, domestic or 
        foreign, with whom one shares a partisan affinity.
            (11) In 2018, United States Ambassador to Germany Richard 
        Grenell said, from his official residence in Berlin, ``I 
        absolutely want to empower other conservatives throughout 
        Europe'' and praised the leader of an Austrian political party, 
        leading multiple German political figures to publicly rebuke 
        the United States Ambassador for political interference.

SEC. 3. PROHIBITION ON HOSTING OF FOREIGN PARTY POLITICAL EVENTS AT 
              UNITED STATES EMBASSIES.

    (a) In General.--No Federal funds may be obligated or expended to 
host a fundraising event for, or on behalf of, a foreign political 
party or candidate at a United States embassy or consulate or any other 
United States diplomatic post.
    (b) Fundraising Event Defined.--In this section, the term 
``fundraising event'' means an event intended to raise funds for, or on 
behalf of, a political party or candidate, including by knowingly 
facilitating contact between potential donors and political parties or 
candidates for fundraising purposes.
    (c) Restriction on Entertainment and Representation Expenses.--
Section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085) is 
amended by adding at the end the following: ``The Secretary may not 
provide for official receptions or pay expenses related to activities 
by the Department or the Service, hosted by a United States embassy or 
consulate or other United States diplomatic post, intended to raise 
funds for or on behalf of a foreign political party or candidate.''.
    (d) Additional Restriction on Expenditures.--Section 4(b)(2)(H) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2671(b)(2)(H)) is amended by inserting ``, other than functions at a 
United States embassy or consulate or any other United States 
diplomatic post intended to raise funds for or on behalf of a foreign 
political party or candidate'' after ``allowances''.
    (e) Revision of DSSR and FAM.--
            (1) In general.--The Secretary of State shall revise the 
        Department of State Standardized Regulations (DSSR) and the 
        Foreign Affairs Manual (FAM) to prohibit the use of a United 
        States embassy or consulate or any other United States 
        diplomatic post in a manner intended to raise funds for or on 
        behalf of a foreign political party or candidate, reflect the 
        prohibitions on expenditures under this section, and discourage 
        any activity hosted by a United States embassy or consulate or 
        other United States diplomatic post that could be construed as 
        promoting the financial interest of any foreign political party 
        or candidate relative to others engaged in a democratic 
        electoral process.
            (2) Certification.--Not less than 90 days after the date of 
        the enactment of this Act, the Secretary shall certify to the 
        appropriate congressional committees that the revisions 
        required under paragraph (1) have been made.
            (3) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives.
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