OFF U.S. Embassies Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8676 To prohibit the use of United States embassies or consulates in raising funds for foreign political parties or candidates. IN THE HOUSE OF REPRESENTATIVES OCTOBER 23, 2020 Mr. MALINOWSKI introduced the following bill; which was referred to the Committee on Foreign Affairs 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Opposing Foreign 4 Fundraising at United States Embassies Act of 2020’’ or 5 the ‘‘OFF U.S. Embassies Act of 2020’’. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 (1) The promotion of democratic institutions 9 and free and fair elections is a key foreign policy ini- 10 VerDate Sep 11 2014 22:32 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8676.IH H8676 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8676 IH tiative of the United States, carried out by the De- 1 partment of State through its embassies, diplomats, 2 programs, and policies around the world. 3 (2) Meeting with and building relationships 4 with a range of political parties in foreign countries 5 are appropriate and important functions consistent 6 with the duties of any United States Ambassador or 7 representative of the United States Government 8 abroad. 9 (3) It is the longstanding and bipartisan prac- 10 tice of the United States to encourage democratic 11 norms, free and fair elections, rule of law, and free 12 speech abroad, without regard for political party or 13 affiliation. 14 (4) The use of United States embassy or con- 15 sulate grounds, or the grounds of any other United 16 States diplomatic post, to raise funds for any foreign 17 political party or candidate in a foreign democratic 18 electoral process is inappropriate and distinct from 19 longstanding Department of State efforts to engage 20 with foreign persons, including democracy activists 21 and representatives of political parties, to advance 22 democratic institutions and universal values around 23 the world. 24 VerDate Sep 11 2014 22:32 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8676.IH H8676 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8676 IH (5) On September 10, 2020, United States Am- 1 bassador to the Netherlands Pete Hoekstra held a 2 private event for a Dutch political party and its do- 3 nors at the United States Embassy in The Hague. 4 (6) The invitations to the event asked guests to 5 join the United States Embassy ‘‘at the invitation of 6 the Forum for Democracy and Pete Hoekstra,’’ and 7 included contact details for the ‘‘Head of Fund- 8 raising’’ of that foreign political party. 9 (7) Prior donors to the political party were in- 10 vited and attended the event at the United States 11 Embassy. 12 (8) The leader of the foreign political party 13 used the event at the United States Embassy to 14 speak about campaign strategy and to display a 15 video made ahead of the 2021 electoral campaign in 16 the Netherlands. 17 (9) Following news reports highlighting the 18 similarities between the September 10, 2020, event 19 held at the United States Embassy and a political 20 fundraiser, Dutch lawmakers raised concerns, with 21 one member of parliament calling on the Dutch For- 22 eign Ministry to investigate whether Ambassador 23 Hoekstra had ‘‘facilitated a fund raising event for a 24 political party’’. 25 VerDate Sep 11 2014 22:32 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8676.IH H8676 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8676 IH (10) Such behavior is part of a pattern in which 1 Department of State officials under President Don- 2 ald J. Trump have publicly engaged in political ac- 3 tivities that break with the longstanding practice of 4 not using one’s official position to lend support to 5 particular parties or candidates, domestic or foreign, 6 with whom one shares a partisan affinity. 7 (11) In 2018, United States Ambassador to 8 Germany Richard Grenell said, from his official resi- 9 dence in Berlin, ‘‘I absolutely want to empower 10 other conservatives throughout Europe’’ and praised 11 the leader of an Austrian political party, leading 12 multiple German political figures to publicly rebuke 13 the United States Ambassador for political inter- 14 ference. 15 SEC. 3. PROHIBITION ON HOSTING OF FOREIGN PARTY PO- 16 LITICAL EVENTS AT UNITED STATES EMBAS- 17 SIES. 18 (a) IN GENERAL.—No Federal funds may be obli- 19 gated or expended to host a fundraising event for, or on 20 behalf of, a foreign political party or candidate at a United 21 States embassy or consulate or any other United States 22 diplomatic post. 23 (b) FUNDRAISING EVENT DEFINED.—In this section, 24 the term ‘‘fundraising event’’ means an event intended to 25 VerDate Sep 11 2014 22:32 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8676.IH H8676 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8676 IH raise funds for, or on behalf of, a political party or can- 1 didate, including by knowingly facilitating contact between 2 potential donors and political parties or candidates for 3 fundraising purposes. 4 (c) RESTRICTION ON ENTERTAINMENT AND REP- 5 RESENTATION EXPENSES.—Section 905 of the Foreign 6 Service Act of 1980 (22 U.S.C. 4085) is amended by add- 7 ing at the end the following: ‘‘The Secretary may not pro- 8 vide for official receptions or pay expenses related to ac- 9 tivities by the Department or the Service, hosted by a 10 United States embassy or consulate or other United States 11 diplomatic post, intended to raise funds for or on behalf 12 of a foreign political party or candidate.’’. 13 (d) ADDITIONAL RESTRICTION ON EXPENDI- 14 TURES.—Section 4(b)(2)(H) of the State Department 15 Basic Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(H)) 16 is amended by inserting ‘‘, other than functions at a 17 United States embassy or consulate or any other United 18 States diplomatic post intended to raise funds for or on 19 behalf of a foreign political party or candidate’’ after ‘‘al- 20 lowances’’. 21 (e) REVISION OF DSSR AND FAM.— 22 (1) IN GENERAL.—The Secretary of State shall 23 revise the Department of State Standardized Regu- 24 lations (DSSR) and the Foreign Affairs Manual 25 VerDate Sep 11 2014 22:32 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8676.IH H8676 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8676 IH (FAM) to prohibit the use of a United States em- 1 bassy or consulate or any other United States diplo- 2 matic post in a manner intended to raise funds for 3 or on behalf of a foreign political party or candidate, 4 reflect the prohibitions on expenditures under this 5 section, and discourage any activity hosted by a 6 United States embassy or consulate or other United 7 States diplomatic post that could be construed as 8 promoting the financial interest of any foreign polit- 9 ical party or candidate relative to others engaged in 10 a democratic electoral process. 11 (2) CERTIFICATION.—Not less than 90 days 12 after the date of the enactment of this Act, the Sec- 13 retary shall certify to the appropriate congressional 14 committees that the revisions required under para- 15 graph (1) have been made. 16 (3) APPROPRIATE CONGRESSIONAL COMMIT- 17 TEES DEFINED.—In this subsection, the term ‘‘ap- 18 propriate congressional committees’’ means the 19 Committee on Foreign Relations of the Senate and 20 the Committee on Foreign Affairs of the House of 21 Representatives. 22 Æ VerDate Sep 11 2014 22:32 Nov 07, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H8676.IH H8676 pamtmann on DSKBC07HB2PROD with BILLS