Sec. 101 Short titles
This title may be cited as the “Venezuela Emergency Relief, Democracy Assistance, and Development Act of 2019” or the “VERDAD Act of 2019”.
Division J — Foreign Policy
J Foreign Policy
I Venezuela Assistance
A Support for the Interim President of Venezuela and recognition of the Venezuelan National Assembly
Sec. 111 Findings; sense of Congress in support of the Interim President of Venezuela
Findings— Congress makes the following findings:
Venezuela’s electoral event on May 20, 2018 was characterized by widespread fraud and did not comply with international standards for a free, fair, and transparent electoral process.
Given the fraudulent nature of Venezuela’s May 20, 2018 electoral event, Nicolás Maduro’s tenure as President of Venezuela ended on January 10, 2019.
The National Assembly of Venezuela approved a resolution on January 15, 2019 that terminated Nicolás Maduro’s authority as the President of Venezuela.
On January 23, 2019, the President of the National Assembly of Venezuela was sworn in as the Interim President of Venezuela.
Sense of Congress— It is the sense of Congress—
to support the decisions by the United States Government, more than 50 governments around the world, the Organization of American States, the Inter-American Development Bank, and the European Parliament to recognize National Assembly President Juan Guaidó as the Interim President of Venezuela;
to encourage the Interim President of Venezuela to advance efforts to hold democratic presidential elections in the shortest possible period; and
that the Organization of American States, with support from the United States Government and partner governments, should provide diplomatic, technical, and financial support for a new presidential election in Venezuela that complies with international standards for a free, fair, and transparent electoral process.
Sec. 112 Recognition of Venezuela’s democratically elected National Assembly
Findings— Congress finds that Venezuela’s unicameral National Assembly convened on January 6, 2016, following democratic elections that were held on December 6, 2015.
Sense of Congress— It is the sense of Congress that Venezuela’s democratically elected National Assembly is the only national level democratic institution remaining in the country.
Policy— It is the policy of the United States to recognize the democratically elected National Assembly of Venezuela as the only legitimate national legislative body in Venezuela.
Assistance to Venezuela’s National Assembly— The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall prioritize efforts to provide technical assistance to support the democratically elected National Assembly of Venezuela in accordance with section 143.
Sec. 113 Advancing a negotiated solution to Venezuela’s crisis
Sense of Congress— It is the sense of Congress that—
direct, credible negotiations led by the Interim President of Venezuela and members of Venezuela’s democratically elected National Assembly—
are supported by stakeholders in the international community that have recognized the Interim President of Venezuela;
include the input and interests of Venezuelan civil society; and
represent the best opportunity to reach a solution to the Venezuelan crisis that includes—
holding a new presidential election that complies with international standards for a free, fair, and transparent electoral process;
ending Nicolás Maduro’s usurpation of presidential authorities;
restoring democracy and the rule of law;
freeing political prisoners; and
facilitating the delivery of humanitarian aid;
dialogue between the Maduro regime and representatives of the political opposition that commenced in October 2017, and were supported by the Governments of Mexico, of Chile, of Bolivia, and of Nicaragua, did not result in an agreement because the Maduro regime failed to credibly participate in the process; and
negotiations between the Maduro regime and representatives of the political opposition that commenced in October 2016, and were supported by the Vatican, did not result in an agreement because the Maduro regime failed to credibly participate in the process.
Policy— It is the policy of the United States to support diplomatic engagement in order to advance a negotiated and peaceful solution to Venezuela’s political, economic, and humanitarian crisis that is described in subsection (a)(1).
B Humanitarian relief for Venezuela
Sec. 121 Humanitarian relief for the Venezuelan people
Sense of Congress— It is the sense of Congress that—
the United States Government should expand efforts to peacefully address Venezuela’s humanitarian crisis; and
humanitarian assistance—
should be targeted toward those most in need and delivered through partners that uphold internationally recognized humanitarian principles; and
should not be passed through the control or distribution mechanisms of the Maduro regime.
Humanitarian relief—
In general— The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall provide—
humanitarian assistance to individuals and communities in Venezuela, including—
public health commodities and services, including medicines and basic medical supplies and equipment;
basic food commodities and nutritional supplements needed to address growing malnutrition and improve food security for the people of Venezuela, with a specific emphasis on the most vulnerable populations; and
technical assistance to ensure that health and food commodities are appropriately selected, procured, targeted, and distributed; and
Venezuelans and hosting communities, as appropriate, in neighboring countries with humanitarian aid, such as—
urgently needed health and nutritional assistance, including logistical and technical assistance to hospitals and health centers in affected communities;
food assistance for vulnerable individuals, including assistance to improve food security for affected communities; and
hygiene supplies and sanitation services.
Aid to Venezuelans in neighboring countries— The aid described in paragraph (1)(B)—
may be provided—
directly to Venezuelans in neighboring countries, including countries of the Caribbean; or
indirectly through the communities in which the Venezuelans reside; and
should focus on the most vulnerable Venezuelans in neighboring countries.
Humanitarian assistance strategy update— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit, to the appropriate congressional committees, an update to the Venezuela humanitarian assistance strategy described in the conference report accompanying the Consolidated Appropriations Act (Public Law 116–6), to cover a 2-year period and include—
a description of the United States humanitarian assistance provided under this section;
a description of United States diplomatic efforts to ensure support from international donors, including regional partners in Latin America and the Caribbean, for the provision of humanitarian assistance to the people of Venezuela;
the identification of governments that are willing to provide financial and technical assistance for the provision of such humanitarian assistance to the people of Venezuela and a description of such assistance; and
the identification of the financial and technical assistance to be provided by multilateral institutions, including the United Nations humanitarian agencies, the Pan American Health Organization, the Inter-American Development Bank, and the World Bank, and a description of such assistance.
Diplomatic engagement— The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall work with relevant foreign governments and multilateral organizations to coordinate a donors summit and carry out diplomatic engagement to advance the strategy required under subsection (c).
Authorization of appropriations— There is authorized to be appropriated $400,000,000 for fiscal year 2020 to carry out the activities set forth in subsection (b).
Defined term— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Sec. 122 Support for efforts at the United Nations on the humanitarian crisis in Venezuela
Sense of Congress— It is the sense of Congress that the United Nations humanitarian agencies should conduct and publish independent assessments of the humanitarian situation in Venezuela, including—
the extent and impact of the shortages of food, medicine, and medical supplies in Venezuela;
basic health indicators in Venezuela, such as maternal and child mortality rates and the prevalence and treatment of communicable diseases; and
the efforts needed to resolve the shortages identified in paragraph (1) and to improve the health indicators referred to in paragraph (2).
United Nations Resident Coordinator— The President should instruct the Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to support the efforts of the Resident Coordinator for Venezuela in a manner that—
contributes to Venezuela’s long-term recovery; and
advances humanitarian efforts in Venezuela and for Venezuelans residing in neighboring countries.
Sec. 123 Coordination and distribution of humanitarian assistance to the people of Venezuela
Short title— This section may be cited as the “Humanitarian Assistance to the Venezuelan People Act of 2019”.
Defined term— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Appropriations of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
Report on the coordination and distribution of humanitarian assistance to the people of venezuela including strategy on future efforts—
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that evaluates the delivery and coordination of humanitarian assistance to the people of Venezuela since the onset of the humanitarian crisis, whether residing in Venezuela or elsewhere in the Western Hemisphere.
Matters to be included— The report required under paragraph (1) shall—
identify how United States Agency for International Development and Department of State best practices are being utilized in providing humanitarian assistance to Venezuela and countries in the region, including a description of coordination efforts with United States embassies and USAID missions throughout the region;
describe the current and anticipated challenges to distributing humanitarian assistance in Venezuela and countries hosting Venezuelan migrants;
describe the coordination of United States assistance with foreign donors; and
describe how the distribution of humanitarian assistance is being monitored and evaluated, including—
the number of beneficiaries receiving such assistance;
an assessment of how humanitarian and development assistance is benefitting Venezuelan migrants inside and outside of the country; and
what additional staff may be necessary to manage such assistance.
C Addressing regime cohesion
Sec. 131 Classified briefing on declining cohesion inside the Venezuelan military and the Maduro regime
Reporting requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research, and in coordination with the Director of National Intelligence, shall provide a briefing to the appropriate congressional committees that assesses the declining cohesion inside the Venezuelan military and security forces and the Maduro regime.
Additional elements— The briefing required under subsection (a) shall—
identify senior members of the Venezuelan military and the Maduro regime, including generals, admirals, cabinet ministers, deputy cabinet ministers, and the heads of intelligence agencies, whose loyalty to Nicolás Maduro is declining;
describe the factors that would accelerate the decision making of individuals identified in paragraph (1)—
to break with the Maduro regime; and
to recognize the Interim President of Venezuela and his government; and
assess and detail the massive number of desertions and defections that have occurred at the officer and enlisted levels inside the Venezuelan military and security forces.
Appropriate congressional committees— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Select Committee on Intelligence of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 132 Additional restrictions on visas
In general— The Secretary of State shall impose the visa restrictions described in subsection (c) on any foreign person who the Secretary determines—
is a current or former senior official of the Maduro regime, or any foreign person acting on behalf of such regime, who is knowingly responsible for, complicit in, responsible for ordering, controlling, or otherwise directing, or participating in (directly or indirectly) any activity in or in relation to Venezuela, on or after January 23, 2019, that significantly undermines or threatens the integrity of—
the democratically-elected National Assembly of Venezuela; or
the President of such National Assembly, while serving as Interim President of Venezuela, or the senior government officials under the supervision of such President;
is the spouse or adult child of a foreign person described in paragraph (1); or
is the spouse or adult child of Venezuelan person sanctioned under—
section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278), as amended by section 163 of this title;
section 804(b) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(b)); or
Executive Orders 13692 (50 U.S.C. 1701 note) and 13850.
Removal from visa revocation list— Pursuant to such procedures as the Secretary of State may establish to implement this section—
if any person described in subsection (a)(1) recognizes and pledges support for the Interim President of Venezuela or a subsequent democratically elected government of Venezuela, that person and any family members of that person who were subject to visa restrictions pursuant to subsection (a)(2) shall no longer be subject to such visa restrictions; and
if any person described in subparagraphs (A) through (C) of subsection (a)(3) recognizes and pledges support for the Interim President of Venezuela or a subsequent democratically elected government of Venezuela, any family members of that person who were subject to visa restrictions pursuant to subsection (a)(3) shall no longer be subject to such visa restrictions.
Visa restrictions described—
Visas, admission, or parole— An alien described in subsection (a) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked—
In general— An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
Immediate effect— A revocation under subparagraph (A) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Exceptions— Sanctions under paragraphs (1) and (2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
to carry out or assist law enforcement activity in the United States.
Rulemaking— The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.
Sec. 133 Waiver for sanctioned officials that recognize the Interim President of Venezuela
Removal of sanctions— If a person sanctioned under any of the provisions of law described in subsection (b) recognizes and pledges supports for the Interim President of Venezuela or a subsequent democratically elected government, the person shall no longer be subject to such sanctions, pursuant to such procedures as the Secretary of State and the Secretary of the Treasury may establish to implement this section.
Sanctions described— The sanctions described in this subsection are set forth in the following provisions of law:
Paragraphs (3) and (4) of section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278), as amended by section 163 of this title.
Paragraph (5) of section 5(a) of such Act, to the extent such paragraph relates to the sanctions described in paragraph (3) or (4) of such subsection.
Clauses (1) and (4) of section 1(a)(ii)(A) of Executive Order 13692 (50 U.S.C. 1701 note).
Subparagraph (D)(2) of section 1(a)(ii) of such Executive Order, to the extent such subparagraph relates to the provisions of law cited in subparagraph (A).
Section 1(a)(ii) of Executive Order 13850.
Paragraph (iii) of section 1(a) of such Executive Order, to the extent such paragraph relates to the provision of law cited in subparagraph (A).
Rulemaking— The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.
D Restoring democracy and addressing the political crisis in Venezuela
Sec. 141 Support for the Organization of American States and the Lima Group
Sense of Congress— It is the sense of Congress that the Secretary of State should—
take additional steps to support ongoing efforts by the Secretary General of the Organization of American States to promote diplomatic initiatives to foster the restoration of democracy and the rule of law in Venezuela;
conduct diplomatic engagement in support of efforts by the Lima Group to restore democracy and the rule of law in Venezuela and facilitate the delivery of humanitarian assistance for the Venezuelan people; and
engage with the International Contact Group on Venezuela to advance a peaceful and democratic solution to the current crisis.
Defined terms— In this section:
International contact group on venezuela— The International Contact Group on Venezuela refers to a diplomatic bloc—
whose members include the European Union, France, Germany, Italy, Spain, Portugal, Sweden, the Netherlands, the United Kingdom, Ecuador, Costa Rica, and Uruguay; and
which was established to advance a peaceful and democratic solution to the current crisis in Venezuela.
Lima group— The Lima Group refers to a diplomatic bloc—
whose members include Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Panama, Paraguay, Peru, and Saint Lucia; and
which was established to address the political, economic, and humanitarian crises in Venezuela.
Sec. 142 Accountability for crimes against humanity
Sense of Congress— It is the sense of Congress that the Secretary of State should conduct robust diplomatic engagement in support of efforts in Venezuela, and on the part of the international community, to ensure accountability for possible crimes against humanity and serious violations of human rights.
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress that—
evaluates the degree to which the Maduro regime and its officials, including members of the Venezuelan security forces, have engaged in actions that constitute possible crimes against humanity and serious violations of human rights; and
provides options for holding accountable the perpetrators identified under paragraph (1).
Sec. 143 Support for international election observation and democratic civil society
In general— The Secretary of State, in coordination with the Administrator of the United States Agency for International Development—
shall work with the Organization of American States to ensure credible international observation of future elections in Venezuela that contributes to free, fair, and transparent democratic electoral processes; and
shall work with nongovernmental organizations—
to strengthen democratic governance and institutions, including the democratically elected National Assembly of Venezuela;
to defend internationally recognized human rights for the people of Venezuela, including support for efforts to document crimes against humanity and violations of human rights;
to support the efforts of independent media outlets to broadcast, distribute, and share information beyond the limited channels made available by the Maduro regime; and
to combat corruption and improve the transparency and accountability of institutions that are part of the Maduro regime.
Engagement at the Organization of American States— The Secretary of State, acting through the United States Permanent Representative to the Organization of American States, should advocate and build diplomatic support for sending an election observation mission to Venezuela to ensure that democratic electoral processes are organized and carried out in a free, fair, and transparent manner.
Briefing requirement— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall provide a briefing on the strategy to carry out the activities described in subsection (a) to—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Authorization of appropriations—
In general— There are authorized to be appropriated to the Secretary of State for fiscal year 2020, $17,500,000 to carry out the activities set forth in subsection (a).
Notification requirements— Amounts appropriated pursuant to paragraph (1) are subject to the notification requirements applicable to expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)) and from the Development Assistance Fund under section 653(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)), to the extent that such funds are expended.
E Supporting the reconstruction of Venezuela
Sec. 151 Recovering assets stolen from the Venezuelan people
Recovering assets— The President, acting through the Secretary of State and in consultation with the Secretary of the Treasury, shall advance a coordinated international effort—
to work with foreign governments—
to share financial investigations intelligence, as appropriate;
to block the assets identified pursuant to paragraph (2); and
to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures; and
to carry out special financial investigations to identify and track assets taken from the people and institutions of Venezuela through theft, corruption, money laundering, or other illicit means.
Strategy requirement—
In general— Not later than 180 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in consultation with the Secretary of the Treasury, shall submit a strategy for carrying out the activities described in subsection (a) to Congress.
Additional elements— The strategy required under paragraph (1) shall—
assess whether the United States or another member of the international community should establish a managed fund to hold the assets identified pursuant to subsection (a)(2) that could be returned to a future democratic government in Venezuela; and
include such recommendations as the President and the Secretary of State consider appropriate for legislative or administrative action in the United States that would be needed to establish and manage the fund described in subparagraph (A).
F Restoring the rule of law in Venezuela
Sec. 161 Developing and implementing a coordinated sanctions strategy with partners in the Western Hemisphere and the European Union
Strengthening sanctions capacity in Latin America and the Caribbean— The Secretary of State, in consultation with the Secretary of the Treasury, shall offer to provide technical assistance to partner governments in Latin America and the Caribbean to assist such governments in establishing the legislative and regulatory frameworks needed to impose targeted sanctions on officials of the Maduro regime who—
are responsible for human rights abuses;
have engaged in public corruption; or
are undermining democratic institutions and processes in Venezuela.
Coordinating international sanctions— The Secretary of State, in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with partner governments, including the Government of Canada, governments in the European Union, and governments in Latin America and the Caribbean, to impose targeted sanctions on the Maduro regime officials described in subsection (a).
Strategy requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a strategy for carrying out the activities described in subsection (a) to—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Appropriations of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
Authorization of appropriations—
In general— There is authorized to be appropriated to the Secretary of State for fiscal year 2020, $3,000,000 to carry out the activities set forth in subsection (a).
Notification requirements— Amounts appropriated pursuant to paragraph (1) are subject to the notification requirements applicable to expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and Law Enforcement Fund under section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h) to the extent that such funds are expended.
Sec. 162 Classified briefing on the involvement of Venezuelan officials in corruption and illicit narcotics trafficking
Briefing requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research, and in coordination with the Director of National Intelligence, shall provide a classified briefing to the appropriate congressional committees on the involvement of senior officials of the Maduro regime, including members of the National Electoral Council, the judicial system, and the Venezuelan security forces, in illicit narcotics trafficking and significant acts of public corruption in Venezuela.
Additional elements— The briefing provided under subsection (a) shall—
describe how the significant acts of public corruption pose challenges for United States national security and impact the rule of law and democratic governance in countries of the Western Hemisphere;
identify individuals for whom there is credible information that they frustrated the ability of the United States to combat illicit narcotics trafficking;
include an assessment of the relationship between individuals identified under subsection (a) and Nicolás Maduro or members of his cabinet; and
include input from the Drug Enforcement Administration, the Office of Foreign Assets Control, and the Financial Crimes Enforcement Network.
Appropriate congressional committees— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Select Committee on Intelligence of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
Sec. 163 Concerns over PDVSA transactions with Rosneft
Findings— Congress makes the following findings:
In late 2016, Venezuelan state-owned oil company Petróleos de Venezuela, S.A. (referred to in this section as “PDVSA”), through a no compete transaction, secured a loan from Russian government-controlled oil company Rosneft, using 49.9 percent of PDVSA’s American subsidiary, CITGO Petroleum Corporation, including its assets in the United States, as collateral. As a result of this transaction, 100 percent of CITGO is held as collateral by PDVSA’s creditors.
CITGO, a wholly owned subsidiary of PDVSA, is engaged in interstate commerce and owns and controls critical energy infrastructure in 19 States of the United States, including an extensive network of pipelines, 48 terminals, and 3 refineries, with a combined oil refining capacity of 749,000 barrels per day. CITGO’s refinery in Lake Charles, Louisiana, is the sixth largest refinery in the United States.
The Department of the Treasury imposed sanctions on Rosneft, which is controlled by the Government of the Russian Federation, and its Executive Chairman, Igor Sechin, following Russia’s military invasion of Ukraine and its illegal annexation of Crimea in 2014.
The Department of Homeland Security has designated the energy sector as critical to United States infrastructure.
The growing economic crisis in Venezuela raises the probability that the Maduro regime and PDVSA will default on their international debt obligations, resulting in a scenario in which Rosneft could come into control of CITGO’s United States energy infrastructure holdings.
Sense of Congress— It is the sense of Congress that—
control of critical United States energy infrastructure by Rosneft, a Russian government-controlled entity currently under United States sanctions that is led by Igor Sechin, who is also under United States sanctions and is a close associate of Vladimir Putin, would pose a significant risk to United States national security and energy security; and
a default by PDVSA on its loan from Rosneft, resulting in Rosneft coming into possession of PDVSA’s United States CITGO assets, would warrant careful consideration by the Committee on Foreign Investment in the United States.
Preventing Rosneft from controlling United States energy infrastructure— The President shall take all necessary steps to prevent Rosneft from gaining control of critical United States energy infrastructure.
Security risk report— Not later than 90 days after the date of the enactment of this Act, the President shall submit a report assessing the national security risks posed by potential Russian acquisition and control of CITGO’s United States energy infrastructure holdings to—
the Committee on Foreign Relations of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Homeland Security of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
Sec. 164 Classified briefing on activities of certain foreign governments and actors in Venezuela
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research of the Department of State, and in coordination with the Director of National Intelligence, shall provide a classified briefing to the appropriate congressional committees on—
the full extent of cooperation by the Government of the Russian Federation, the Government of the People’s Republic of China, the Government of Cuba, and the Government of Iran with the Maduro regime; and
the activities inside Venezuelan territory of foreign armed groups, including Colombian criminal organizations and defectors from the Colombian guerilla group known as the Revolutionary Armed Forces of Colombia, and foreign terrorist organizations, including the Colombian guerilla group known as the National Liberation Army (ELN).
Appropriate congressional committees— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Select Committee on Intelligence of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 165 Countering Russian influence in Venezuela
Short title— This section may be cited as the “Russian-Venezuelan Threat Mitigation Act”.
Threat assessment and strategy to counter Russian influence in Venezuela—
Defined term— 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.
Threat assessment— Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees regarding—
an assessment of Russian-Venezuelan security cooperation;
the potential threat such cooperation poses to the United States and countries in the Western Hemisphere; and
a strategy to counter threats identified in subparagraphs (A) and (B).
Aliens ineligible for visas, admission, or parole—
Aliens described— An alien described in this paragraph is an alien who the Secretary of State or the Secretary of Homeland Security (or a designee of either Secretary) knows, or has reason to believe, is acting or has acted on behalf of the Government of Russia in direct support of the security forces of the Maduro regime.
Visas, admission, or parole— An alien described in paragraph (1) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked—
In general— An alien described in paragraph (1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
Immediate effect— A revocation under subparagraph (A) shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Exceptions— Sanctions under paragraphs (2) and (3) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
to carry out or assist law enforcement activity in the United States.
National security— The President may waive the application of this subsection with respect to an alien if the President—
determines that such a waiver is in the national interest of the United States; and
submits a notice of, and justification for, such waiver to the appropriate congressional committees.
Sunset— This subsection shall terminate on the date that is 1 year after the date of the enactment of this Act.
Sec. 166 Restriction on export of covered articles and services to certain security forces of Venezuela
Short title— This section may be cited as the “Venezuela Arms Restriction Act”.
Definitions— In this section:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
Covered article or service— The term covered article or service—
for purposes of subsection (c), means—
a defense article or defense service (as such terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794)); and
any article included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled for crime control purposes, if the end user is likely to use the article to violate the human rights of the citizens of Venezuela; and
for purposes of subsection (d), means—
any defense article or defense service of the type described in section 47 of the Arms Export Control Act (22 U.S.C. 2794); and
any article of the type included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations and controlled for crime control purposes.
Foreign person— The term foreign person means a person that is not a United States person.
Person— The term person means an individual or entity.
Security forces of venezuela— The term security forces of Venezuela includes—
the Bolivarian National Armed Forces, including the Bolivarian National Guard;
the Bolivarian National Intelligence Service;
the Bolivarian National Police; and
the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace.
United states person— The term United States person means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
Restriction on export of covered articles and services to certain security forces of venezuela—
In general— Notwithstanding any other provision of law, covered articles or services may not be exported from the United States to any element of the security forces of the Maduro regime.
Determination— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce and the heads of other departments and agencies, as appropriate, shall—
determine, using such information that is available to the Secretary of State, whether any covered article or service has been transferred since July 2017 to the security forces of Venezuela without a license or other authorization as required by law; and
submit such determination in writing to the appropriate congressional committees.
Report—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, as appropriate, shall submit a report to the appropriate congressional committees regarding the transfer by foreign persons of covered articles or services to elements of the security forces of Venezuela that are under the authority of the Maduro regime.
Matters to be included— The report required under paragraph (1) shall include—
a list of all significant transfers by foreign persons of covered articles or services to such elements of the security forces of Venezuela since July 2017;
a list of all foreign persons who maintain an existing defense relationship with such elements of the security forces of Venezuela; and
any known use of covered articles or services by such elements of the security forces of Venezuela or associated forces, including paramilitary groups, that have coordinated with such security forces to assault, intimidate, or murder political activists, protesters, dissidents, and other civil society leaders, including Juan Guaidó.
Sunset— This section shall terminate on the earlier of—
the date that is 3 years after the date of the enactment of this Act; or
the date on which the President certifies to the appropriate congressional committees that the Government of Venezuela has returned to a democratic form of government with respect for the essential elements of representative democracy as set forth in Article 3 of the Inter-American Democratic Charter, adopted by the Organization of American States in Lima on September 11, 2001.
G Cryptocurrency and ensuring the effectiveness of United States sanctions
Sec. 171 Briefing on the impact of cryptocurrencies on United States sanctions
Definition— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
Methodology— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury, after consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, shall develop a methodology to assess how any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Maduro regime is being utilized to circumvent or undermine United States sanctions.
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall brief the appropriate congressional committees on the methodology developed under subsection (b).
H Miscellaneous provisions
Sec. 181 Congressional briefings
Humanitarian assistance; sanctions coordination—
In general— Not later than 15 days after any of the congressional committees listed in paragraph (2) requests a briefing regarding the implementation—
of section 121, the Secretary of State and the Administrator of the United States Agency for International Development shall provide such briefing to such committee; and
of section 161, the Secretary of State shall provide such briefing to such committee.
Congressional committees— The committees listed in this paragraph are—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
United Nations; negotiated solution; crimes against humanity—
In general— Not later than 15 days after any congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 113, 122, or 142, the Secretary of State shall provide such briefing to such committee.
Congressional committees— The congressional committees listed in this paragraph are—
the Committee on Foreign Relations of the Senate; and
the Committee on Foreign Affairs of the House of Representatives.
Regime cohesion—
In general— Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 131, the Secretary of State and the Director of National Intelligence shall provide such briefing to such committee.
Congressional committees— The congressional committees listed in this paragraph are—
the Committee on Foreign Relations of the Senate;
the Select Committee on Intelligence of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Permanent Select Committee on Intelligence of the House of Representatives.
International election observation; democratic civil society— Not later than 15 days after a congressional committee listed in subsection (a)(2) requests a briefing regarding the implementation of section 143, the Secretary of State and the Administrator of the United States Agency for International Development shall provide such briefing to such committee.
Visa restrictions; sanctions waiver— Not later than 15 days after a congressional committee listed in subsection (b)(2) requests a briefing regarding the implementation of section 132 or 133, the Secretary of State shall provide such briefing to such committee.
Recovery of stolen assets—
In general— Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 151, the Secretary of State, the Secretary of the Treasury, and the Attorney General shall provide such briefing to such committee.
Congressional committees— The congressional committees listed in this paragraph are—
the Committee on Foreign Relations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on the Judiciary of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Financial Services of the House of Representatives; and
the Committee on the Judiciary of the House of Representatives.
PDVSA transactions with Rosneft—
In general— Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 163, the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security shall provide such briefing to such committee.
Congressional committees— The congressional committees listed in this paragraph are—
the Committee on Foreign Relations of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Homeland Security of the House of Representatives.
Sec. 182 Prohibition on construction of provisions of this title as an authorization for the use of military force
Nothing in this title may be construed as an authorization for the use of military force.
Sec. 183 Extension and termination of sanctions against Venezuela
Amendment— Section 5(e) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113–278; 50 U.S.C. 1701 note) is amended by striking “December 31, 2019” and inserting “December 31, 2023”.
Termination— The requirement to impose sanctions under this title shall terminate on December 31, 2023.
II Eastern Mediterranean Security and Energy Partnership
Sec. 201 Short title
This title may be cited as the “Eastern Mediterranean Security and Energy Partnership Act of 2019”.
Sec. 202 Findings
Congress makes the following findings:
The security of partners and allies in the Eastern Mediterranean region is critical to the security of the United States and Europe.
Greece is a valuable member of the North Atlantic Treaty Organization (NATO) and a key pillar of stability in the Eastern Mediterranean.
Israel is a steadfast ally of the United States and has been designated a “major non-NATO ally” and “major strategic partner”.
Cyprus is a key strategic partner and signed a Statement of Intent with the United States on November 6, 2018, to enhance bilateral security cooperation.
The countries of Greece, Cyprus, and Israel have participated in critical trilateral summits to improve cooperation on energy and security issues.
Secretary of State Mike Pompeo participated in the trilateral summit among Israel, Greece, and Cyprus on March 20, 2019.
The United States, Israel, Greece, and Cyprus oppose any action in the Eastern Mediterranean and the Aegean Sea that could challenge stability, violate international law, or undermine good neighborly relations, and in a joint declaration on March 21, 2019, agreed to “defend against external malign influences in the Eastern Mediterranean and the broader Middle East”.
The recent discovery of what may be the region’s largest natural gas field off the Egyptian coast and the newest discoveries of natural gas off the coast of Cyprus could represent a significant and positive development for the Eastern Mediterranean and the Middle East, enhancing the region’s strategic energy significance.
It is in the national security interest of the United States to promote, achieve, and maintain energy security among, and through cooperation with, allies.
Natural gas developments in the Eastern Mediterranean have the potential to provide economic gains and contribute to energy security in the region and Europe, as well as support European efforts to diversify away from natural gas supplied by the Russian Federation.
The soon to be completed Trans Adriatic Pipeline is a critical component of the Southern Gas Corridor and the European Union’s efforts to diversify energy resources.
The proposed Eastern Mediterranean pipeline, if commercially viable, would provide for energy diversification in accordance with the European Union’s third energy package of reforms.
The United States acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation (BIRD) and the United States-Israel Binational Science Foundation (BSF) and supports continued multiyear funding to ensure the continuity of the programs of the Foundations.
The United States has welcomed Greece’s allocation of 2 percent of its gross domestic product (GDP) to defense in accordance with commitments made at the 2014 NATO Summit in Wales.
Energy exploration in the Eastern Mediterranean region must be safeguarded against threats posed by terrorist and extremist groups, including Hezbollah and any other actor in the region.
The energy exploration in the Republic of Cyprus’s Exclusive Economic Zone and territorial waters—
furthers United States interests by providing a potential alternative to Russian gas for United States allies and partners; and
should not be impeded by other sovereign states.
The United States Government cooperates closely with Cyprus, Greece, and Israel through information sharing agreements.
United States officials have assisted the Government of the Republic of Cyprus with crafting that nation’s national security strategy.
The United States Government provides training to Cypriot officials in areas such as cybersecurity, counterterrorism, and explosive ordnance disposal and stockpile management.
Israel, Greece, and Cyprus are valued members of the Proliferation Security Initiative to combat the trafficking of weapons of mass destruction.
The Republic of Cyprus continues to work closely with the United Nations and regional partners in Europe to combat terrorism and violent extremism.
Despite robust economic and security relations with the United States, the Republic of Cyprus has been subject to a United States prohibition on the export of defense articles and services since 1987.
The 1987 arms prohibition was designed to restrict United States arms sales and transfers to the Republic of Cyprus and the occupied part of Cyprus to avoid hindering reunification efforts.
At least 40,000 Turkish troops are stationed in the occupied part of Cyprus with some weapons procured from the United States through mainland Turkey.
While the United States has, as a matter of policy, avoided the provision of defense articles and services to the Republic of Cyprus, the Government of Cyprus has, in the past, sought to obtain defense articles from other countries, including countries, such as Russia, that pose challenges to United States interests around the world.
Sec. 203 Statement of policy
It is the policy of the United States—
to continue to actively participate in the trilateral dialogue on energy, maritime security, cybersecurity and protection of critical infrastructure conducted among Israel, Greece, and Cyprus;
to support diplomatic efforts with partners and allies to deepen energy security cooperation among Greece, Cyprus, and Israel and to encourage the private sector to make investments in energy infrastructure in the Eastern Mediterranean region;
to strongly support the completion of the Trans Adriatic and Eastern Mediterranean Pipelines and the establishment of liquified natural gas (LNG) terminals across the Eastern Mediterranean as a means of diversifying regional energy needs away from the Russian Federation;
to maintain a robust United States naval presence and investments in the naval facility at Souda Bay, Greece and develop deeper security cooperation with Greece to include the recent MQ–9 deployments to the Larissa Air Force Base and United States Army helicopter training in central Greece;
to welcome Greece's commitment to move forward with the Interconnector Greece-Bulgaria (IGB pipeline) and additional LNG terminals that will help facilitate delivery of non-Russian gas to the Balkans and central Europe;
to support deepened security cooperation with the Republic of Cyprus through the removal of the arms embargo on the country;
to support robust International Military Education and Training (IMET) programming with Greece and the Republic of Cyprus;
to leverage relationships within the European Union to encourage investments in Cypriot border and maritime security;
to support efforts to counter Russian Federation interference and influence in the Eastern Mediterranean through increased security cooperation with Greece, Cyprus, and Israel, to include intelligence sharing, cyber, and maritime domain awareness;
to support the Republic of Cyprus' efforts to regulate its banking industry to ensure that it is not used as a source of international money laundering and encourage additional measures toward that end;
to strongly oppose any actions that would trigger mandatory sanctions pursuant to section 231 of the Countering America’s Adversaries Through Sanctions Act (CAATSA) (Public Law 115–44), to include the purchase of military equipment from the Russian Federation;
to continue robust official strategic engagement with Israel, Greece, and Cyprus;
to urge countries in the region to deny port services to Russian Federation vessels deployed to support the government of Bashar Al-Assad in Syria;
to support joint military exercises among Israel, Greece, and Cyprus;
to fully implement relevant CAATSA provisions to prevent interference by the Russian Federation in the region;
to support efforts by countries in the region to demobilize military equipment supplied by the Russian Federation in favor of equipment provided by NATO and NATO-allied member countries; and
to strongly support the active and robust participation of Israel, Cyprus, and Greece in the Combating Terrorism Fellowship Program.
Sec. 204 United States-Eastern Mediterranean energy cooperation
In general— The Secretary of State, in coordination with the Secretary of Energy, may enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the United States and Israel, Greece, and the Republic of Cyprus.
Annual reports— If the Secretary of State, in coordination with the Secretary of Energy, enters into agreements authorized under subsection (a), the Secretary shall submit an annual report to the appropriate congressional committees that describes—
actions taken to implement such agreements; and
any projects undertaken pursuant to such agreements.
United States-Eastern mediterranean energy center— The Secretary of Energy, in coordination with the Secretary of State, may establish a joint United States-Eastern Mediterranean Energy Center in the United States leveraging the experience, knowledge, and expertise of institutions of higher education and entities in the private sector, among others, in offshore energy development to further dialogue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of emerging geopolitical implications, which include opportunities as well as crises and threats from foreign natural resource and energy acquisitions.
Sec. 205 Repeal of prohibition on transfer of articles on the United States Munitions List to the Republic of Cyprus
Sense of Congress— It is the sense of Congress that—
allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
it is in the interest of the United States to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus.
Modification of prohibition— Section 620C(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended—
in paragraph (1), by striking “Any agreement” and inserting “Except as provided in paragraph (3), any agreement”; and
by adding at the end the following new paragraph:
“(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.”
Exclusion of the Government of the Republic of Cyprus from certain related regulations—
In general— Subject to subsection (d) and except as provided in paragraph (2), beginning on the date of the enactment of this Act, the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if—
the request is made by or on behalf of the Government of the Republic of Cyprus; and
the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
Exception— This exclusion shall not apply to any denial based upon credible human rights concerns.
Limitations on the transfer of articles on the United States Munitions List to the Republic of Cyprus—
In general— The policy of denial for exports, re-exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that—
the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
Waiver— The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so.
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
Sec. 206 IMET cooperation with Greece and the Republic of Cyprus
There is authorized to be appropriated $1,300,000 for fiscal year 2020, $1,500,000 for fiscal year 2021, and $1,800,000 for fiscal year 2022 for International Military Education and Training (IMET) assistance for Greece and $200,000 for fiscal year 2020, $500,000 for fiscal year 2021, and $750,000 for fiscal year 2022 for such assistance for the Republic of Cyprus. The assistance shall be made available for the following purposes:
Training of future leaders.
Fostering a better understanding of the United States.
Establishing a rapport between the United States military and the country’s military to build alliances for the future.
Enhancement of interoperability and capabilities for joint operations.
Focusing on professional military education.
Enabling countries to use their national funds to receive a reduced cost for other Department of Defense education and training.
Sec. 207 Foreign Military Financing
Authorization of appropriations— There is authorized to be appropriated for fiscal year 2021 up to $3,000,000 for Foreign Military Financing (FMF) assistance for Greece to assist the country in meeting its commitment as a member of the North Atlantic Treaty Organization (NATO) to dedicate 20 percent of its defense budget to enhance research and development.
Sense of Congress— It is the sense of Congress that Greece should receive robust support under the European Recapitalization Incentive Program implemented by the Department of Defense.
Sec. 208 Strategy on United States security and energy cooperation in the Eastern Mediterranean
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Energy, shall submit to the appropriate congressional committees a strategy on enhanced security and energy cooperation with countries in the Eastern Mediterranean region, including Israel, the Republic of Cyprus, and Greece.
Elements— The report required under subsection (a) shall include the following elements:
A description of United States participation in and support for the Eastern Mediterranean Natural Gas Forum.
An evaluation of all possible delivery mechanisms into Europe for natural gas discoveries in the Eastern Mediterranean region.
An evaluation of efforts to protect energy exploration infrastructure in the region, including infrastructure owned or operated by United States companies.
An assessment of the capacity of the Republic of Cyprus to host an Energy Crisis Center in the region which could provide basing facilities in support of search and rescue efforts in the event of an accident.
An assessment of the timing of potential natural gas delivery in the region as well as an assessment of the ultimate destination countries for the natural gas delivery from the region.
A plan to work with United States businesses seeking to invest in Eastern Mediterranean energy exploration, development, and cooperation.
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 209 Report on Russian Federation malign influence in the Eastern Mediterranean
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on Russian Federation malign influence in the Republic of Cyprus, Greece, and Israel since January 1, 2017.
Elements— The report required under subsection (a) shall include the following elements:
An assessment of security, political, and energy goals of the Russian Federation in the Eastern Mediterranean.
A description of energy projects of the Government of the Russian Federation in the Eastern Mediterranean.
A listing of Russian national ownership of media outlets in these countries, including the name of the media outlet, approximate viewership, and assessment of whether the outlet promotes pro-Kremlin views.
An assessment of military engagement by the Government of the Russian Federation in the security sector, including engagement by military equipment and personnel contractors.
An assessment of efforts supported by the Government of the Russian Federation to influence elections in the three countries, through the use of cyber attacks, social media campaigns, or other malign influence techniques.
An assessment of efforts by the Government of the Russian Federation to intimidate and influence the decision by His All Holiness Ecumenical Patriarch Bartholomew, leader of 300,000,000 Orthodox Christians worldwide, to grant autocephaly to the Ukrainian Orthodox Church.
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 210 Report on interference by other countries in the Exclusive Economic Zone of the Republic of Cyprus
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Energy, shall submit to the appropriate congressional committees a report listing incidents since January 1, 2017, determined by the Secretary of State to interfere in efforts by the Republic of Cyprus to explore and exploit natural resources in its Exclusive Economic Zone.
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 211 Report on interference by other countries in the airspace of Greece
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report listing incidents since January 1, 2017, determined by the Secretary of State to be violations of the airspace of the sovereign territory of Greece by its neighbors.
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 212 Appropriate congressional committees
In this title, 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.
III End Neglected Tropical Diseases Act
Sec. 301 Short title
This title may be cited as the “End Neglected Tropical Diseases Act”.
Sec. 302 Statement of policy
It is the policy of the United States to support a broad range of implementation and research and development activities that work toward the achievement of cost-effective and sustainable treatment, control, and, where possible, elimination of neglected tropical diseases for the economic and social well-being of all people.
Sec. 303 Definition
In this title, the terms neglected tropical diseases and NTDs—
mean infections caused by pathogens, including viruses, bacteria, protozoa, and helminths that disproportionately impact individuals living in extreme poverty, especially in developing countries; and
include—
Buruli ulcer (Mycobacterium Ulcerans infection);
Chagas disease;
dengue or severe dengue fever;
dracunculiasis (Guinea worm disease);
echinococcosis;
foodborne trematodiases;
human African trypanosomiasis (sleeping sickness);
leishmaniasis;
leprosy;
lymphatic filariasis (elephantiasis);
onchocerciasis (river blindness);
scabies;
schistosomiasis;
soil-transmitted helminthiases (STH) (roundworm, whipworm, and hookworm);
taeniasis/cysticercosis;
trachoma; and
yaws (endemic treponematoses).
Sec. 304 Expansion of United States Agency for International Development Neglected Tropical Diseases Program
Sense of Congress— It is the sense of Congress that the Neglected Tropical Diseases Program, as in effect on the date of the enactment of this Act, should—
provide integrated drug treatment packages to as many individuals suffering from NTDs or at risk of acquiring NTDs, including individuals displaced by manmade and natural disasters, as logistically feasible;
better integrate NTD control and treatment tools and approaches into complementary development and global health programs by coordinating, to the extent practicable and appropriate, across multiple sectors, including those relating to HIV/AIDS, malaria, tuberculosis, education, nutrition, other infectious diseases, maternal and child health, and water, sanitation, and hygiene;
establish low-cost, high-impact community- and school-based NTD programs to reach large at-risk populations, including school-age children, with integrated drug treatment packages, as feasible;
as opportunities emerge and resources allow, engage in research and development of new tools and approaches to reach the goals relating to the elimination of NTDs as set forth by the 2012 World Health Organization publication “Accelerating Work to Overcome the Global Impact of Neglected Tropical Diseases: A Roadmap for Implementation”, including for Chagas disease, Guinea worm, human African trypanosomiasis (sleeping sickness), leprosy, and visceral leishmaniasis; and
monitor research on and developments in the prevention and treatment of other NTDs so breakthroughs can be incorporated into the Neglected Tropical Diseases Program, as practicable and appropriate.
Program priorities— The Administrator of the United States Agency for International Development (referred to in this section as the “Administrator”) should incorporate the following priorities into the Neglected Tropical Diseases Program (as in effect on the date of the enactment of this Act):
Planning for and conducting robust monitoring and evaluation of program investments in order to accurately measure impact, identify and share lessons learned, and inform future NTD control and elimination strategies.
Coordinating program activities with complementary development and global health programs of the United States Agency for International Development, including programs relating to water, sanitation, and hygiene, food and nutrition security, and education (both primary and secondary), in order to advance the goals of the London Declaration on Neglected Tropical Diseases (2012).
Including morbidity management in treatment plans for high-burden NTDs.
Incorporating NTDs included in the Global Burden of Disease Study 2010 into the program as opportunities emerge, to the extent practicable and appropriate.
Continuing investments in the research and development of new tools and approaches that complement existing research investments and ensure that new discoveries make it through the pipeline and become available to individuals who need them most.
Sec. 305 Actions by Department of State
Office of the Global AIDS Coordinator— It is the sense of Congress that the Coordinator of United States Government Activities to Combat HIV/AIDS Globally should fully consider evolving research on the impact of NTDs on efforts to control HIV/AIDS when making future programming decisions, as necessary and appropriate.
Global programming—
In general— The Secretary of State should encourage the Global Fund to take into consideration evolving research on the impact of NTDs on efforts to control HIV/AIDS when making programming decisions, particularly with regard to female genital schistosomiasis, which studies suggest may be one of the most significant cofactors in the AIDS epidemic in Africa, as necessary and appropriate.
Global fund— In this subsection, the term Global Fund means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria established pursuant to Article 80 of the Swiss Civil Code.
G–20 countries— The Secretary of State, acting through the Office of Global Health Diplomacy, should encourage G–20 countries to significantly increase their role in the control and elimination of NTDs.
Sec. 306 Multilateral development and health institutions
Finding— Congress finds that the treatment of NTDs, including community- and school-based deworming programs, can be a highly cost-effective intervention, and schools can serve as an effective delivery mechanism for reaching large numbers of children with safe treatment for soil-transmitted helminthiases (roundworm, whipworm, and hookworm) in particular.
United Nations— The President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the World Health Organization and the United Nations Development Programme to—
ensure the dissemination of best practices and programming on NTDs to governments and make data accessible to practitioners in an open and timely fashion;
highlight impacts of community- and school-based deworming programs on children’s health and education, emphasizing the cost-effectiveness of such programs;
encourage governments to implement deworming campaigns at the national level;
consider the designation of a portion of grant funds of the institutions to deworming initiatives and cross-sectoral collaboration with water, sanitation, and hygiene efforts and nutrition or education programming, as practicable and appropriate;
encourage accurate monitoring and evaluation of NTD programs, including deworming programs; and
engage governments in cross-border initiatives for the treatment, control, prevention, and elimination of NTDs, and assist in developing transnational agreements, when and where necessary.
Sec. 307 Rule of construction
Nothing in this title may be construed to increase authorizations of appropriations for the United States Agency for International Development.
IV Preventing child marriage in displaced populations
Sec. 401 Short title
This title may be cited as the “Preventing Child Marriage in Displaced Populations Act”.
Sec. 402 Findings
Congress finds the following:
According to United Nations Children’s Fund (UNICEF), 12,000,000 girls marry before the age of 18 every year.
Early marriage denies children, especially girls, their right to make vital decisions about their well-being, including relating to their health, family, and career. Child brides are less likely to finish their education, and are at higher risk for abuse, contracting HIV, and dying while pregnant or giving birth.
Child marriage also imposes substantial economic costs to developing countries, impeding development and prosperity gains.
Displaced populations are particularly vulnerable to child marriage, in communities where poverty, instability, and displacement put pressure on families to marry children, particularly young girls, off at a young age.
One United Nations (UN) study found that child marriage rates were 4 times higher among displaced Syrian refugees than among Syrians before the crisis. This indicates that displacement, instability, and poverty are driving child marriages.
United Nations agencies, including UNICEF and the United Nations High Commissioner for Refugees (UNHCR), have acknowledged the dangers of child marriage and taken steps to address its risk in the populations they serve.
The UN Joint Program on Child Marriage supports this work by building the resilience of populations to indirectly prevent child marriage and by generating new data and evidence on the prevalence of child marriage in humanitarian and fragile settings. For example, in Uganda, the UN Joint Program on Child Marriage helped 27,000 adolescent girls strengthen critical skills through school clubs and Go Back to School campaigns, as well as life skills and financial literacy training.
After the UN Joint Program on Child Marriage identified Yemen as one of its focus countries, 65,000 people, of whom 45,000 are adolescents, were reached with awareness-raising activities on the harms of child marriage in 2018 alone. As a result, local council representatives, elders, and community leaders from 6 districts signed a pledge to support advocacy efforts to end child marriage.
Sec. 403 Preventing child marriage in displaced populations
In general— The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to call for an adoption of an agreed upon definition of “child marriage” across United Nations agencies.
Strategy— The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to call for the development of a comprehensive strategy to address child marriage in refugee settlements administered by the United Nations. The strategy should include the following elements:
A mandate to regularly collect and report data related to the number of known or suspected child marriages taking place inside each such settlement.
Protocols for United Nations personnel regarding prevention and monitoring of child marriages inside each such settlement.
A description of United Nations programs administered at such settlements that include—
physical, mental, and emotional rehabilitation and support to children who have extricated themselves from child marriage; and
alternatives to child marriage, such as education initiatives.
Protocols regarding how United Nations personnel should—
report adults participating in illegal child marriages in each such settlement; and
monitor the prosecution of such adults by the authorities of the country in which the settlement at issue is located.
Research— The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to advocate for the United Nations and its appropriate agencies to include, as appropriate, in all of its research regarding child marriage, the relationship between child marriage and violence against girls, including young children and infants.
Definitions— In this section:
Child marriage— The term child marriage means a formal marriage or informal union involving at least one person younger than age 18.
Illegal child marriage— The term illegal child marriage means a child marriage that is illegal under the laws of the country in which the child marriage occurs.
V Global fragility
Sec. 501 Short title
This title may be cited as the “Global Fragility Act of 2019”.
Sec. 502 Appropriate congressional committees defined
In this title:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
Relevant federal department or agency— The term relevant Federal department or agency means the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Treasury, and any other Federal department or agency the President determines is relevant to carry out the purposes of this title.
Sec. 503 Statement of policy
It is the policy of the United States to seek to stabilize conflict-affected areas and prevent violence and fragility globally, including by—
ensuring that all relevant Federal departments and agencies coordinate to achieve coherent, long-term goals for programs designed to carry out such policy;
seeking to improve global, regional, and local coordination of relevant international and multilateral development and donor organizations regarding efforts to carry out such policy; and
enhancing the effectiveness of United States foreign assistance programs and activities to carry out such policy, including by improving assessment, monitoring, and evaluation conducted by the relevant Federal departments and agencies.
Sec. 504 Global fragility strategy
Strategy— The President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development (“USAID”), the Secretary of Defense, and the heads of other relevant Federal departments and agencies, shall establish a comprehensive, integrated, ten-year strategy, to be referred to as the “Global Fragility Strategy”, to contribute to the stabilization of conflict-affected areas, address global fragility, and strengthen the capacity of the United States to be an effective leader of international efforts to prevent extremism and violent conflict. The strategy shall focus on addressing long-term causes of fragility and violence, and shall—
consider the causes of fragility and violence at both the local and national levels, the external actors that reinforce and exploit such conditions, and successful prevention strategies and their key features;
include specific objectives and multisectoral approaches to reduce fragility and the causes of violence, including those that strengthen state-society relations, curb extremist ideology, and make society less vulnerable to the spread of extremism and violence;
encourage and empower local and national actors to address the concerns of their citizens, including those in vulnerable communities, and build community resilience against violence and extremism;
address the long-term underlying causes of fragility and violence through participatory, locally led programs, empowering marginalized groups such as youth and women, inclusive dialogues and conflict resolutions processes, justice sector reform, good governance, inclusive and accountable service delivery, and community policing and civilian security, including by combatting impunity for security forces implicated in violations of internationally recognized human rights and other serious crimes;
describe approaches that ensure national leadership where appropriate and participatory engagement by civil society and local partners in the design, implementation, and monitoring of programs;
assign roles for relevant Federal departments and agencies to avoid duplication of efforts, while ensuring that—
the Department of State is responsible for leading the drafting and execution of the strategy, establishing United States foreign policy, advancing diplomatic and political efforts, and overseeing the planning and implementation of security assistance and related civilian security efforts;
USAID is responsible for overseeing prevention programs, and is the lead implementing agency for development, humanitarian, and related non-security program policy;
activities undertaken or supported by the Department of Defense in relation to the Global Fragility Strategy are established through joint formulation and with the concurrence of the Secretary of State; and
other relevant Federal departments and agencies support the activities of the Department of State and USAID as appropriate, with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development;
describe programs that relevant Federal departments and agencies will undertake to achieve the stated objectives, including descriptions of existing programs and funding by fiscal year and account;
identify mechanisms to improve coordination between the United States, foreign governments, and international organizations, including the World Bank, the United Nations, regional organizations, and private sector organizations;
address efforts to expand public-private partnerships and leverage private sector resources;
describe the criteria, metrics, and mechanisms for monitoring and evaluation of programs and objectives in the strategy to ensure planning, implementation, and coordination are appropriately executed and updated;
describe how the strategy will ensure that programs are country-led and context-specific; and
identify mechanisms or activities to reduce the risk that the programs, policies, or resources of the United States and its partners will facilitate corruption, empower or abet repressive local actors, or be exploited by extremists to gain support for their cause.
Stakeholder consultation— The Global Fragility Strategy required under this section shall be developed in consultation with representatives of civil society and national and local governance entities in countries and regions described in section 505, as well as relevant international development organizations with experience implementing programs in fragile states, multilateral organizations and donors, relevant private, academic, and philanthropic entities, and the appropriate congressional committees.
Report— Not later than 270 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report setting forth the strategy described in subsection (a), which shall be submitted in unclassified form, but may include a classified annex if necessary, and shall include, at a minimum, the following elements:
The objectives, general and specific, of the strategy.
An identification of the relevant Federal departments and agencies that will be involved and the assignment of priorities to such departments and agencies.
A description of the compact-based partnerships that will be established to ensure local leadership of strategies, policy, and programs, as well as mutual accountability for results and resources needed to support such partnerships.
An identification of the authorities, staffing, and other requirements, as necessary and appropriate, needed to effectively implement the Global Fragility Strategy.
A description of the ways in which United States leadership will be used to enhance overall international prevention efforts, including through increasing the engagement of the member states of the Group of Seven and Group of Twenty.
An identification of which officials of the Department of State, USAID, and the Department of Defense, with a rank not lower than Assistant Secretary or Assistant Administrator, will be responsible for leading and overseeing the strategy.
A list of priority countries and regions selected pursuant to section 505, including descriptions of the rationale for such selections.
Sec. 505 Selection of priority countries and regions
In general— The President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Defense, and in consultation with the appropriate congressional committees specified in subsection (b), shall select certain countries as “priority countries” and certain regions as “priority regions” for the purpose of implementing the Global Fragility Strategy required under section 504—
on the basis of—
the national security interests of the United States;
clearly defined indicators of the levels of violence or fragility in such country or region, such as the country’s or region’s—
ranking on recognized global fragility lists, such as the Organization for Economic Co-operation and Development States of Fragility report, the Fund for Peace Fragile States Index, the World Bank Harmonized List of Fragile Situations, the Institute for Economics and Peace Global Peace Index, and the Holocaust Museum Early Warning Project Risk Assessment;
ranking on select United States Government conflict and atrocity early warning watch lists;
levels of violence, including violence committed by armed groups, state actors, and violent extremist organizations, gender-based violence, and violence against children and youth; and
vulnerability to rising sea levels, flooding, drought, wildfires, desertification, deforestation, food insecurity, and human displacement; and
an assessment of—
the commitment and capacity of national and sub-national government entities and civil society partners in such country or region to work with relevant Federal departments and agencies on the Global Fragility Strategy, including by demonstrating commitment to—
improving inclusive, transparent, and accountable power structures, including effective, legitimate, and resilient national and sub-national institutions; and
ensuring strong foundations for human rights, rule of law, and equal access to justice; and
the likelihood that United States assistance under the Global Fragility Strategy would measurably help to reduce fragility, prevent the spread of extremism and violence, and stabilize conflict-affected areas in each such country or region; and
in a manner that ensures that not fewer than five countries or regions are selected, including not fewer than two in which the priority will be preventing violent conflict and fragility, rather than stabilizing ongoing conflicts.
Consultation with congress— Prior to finalization of the selection of priority countries and regions under subsection (a), representatives from the Department of State, USAID, the Department of Defense, and other relevant Federal departments and agencies, as necessary and appropriate, shall brief the appropriate congressional committees on the countries and regions being considered and shall consider congressional input on such prioritization.
Sec. 506 Priority country and regional plans
Not later than one year after the date of the enactment of this Act, the President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees ten-year plans to align and integrate under the Global Fragility Strategy established pursuant to section 504 all relevant diplomatic, development, and security assistance and activities of the United States Government with respect to each of the countries and regions selected pursuant to section 505. Each such country and regional plan shall include the following elements:
Specific multi-year interagency plans for coordination and implementation under each such plan.
An up-to-date baseline analysis for each such country or region, including an analysis of the conditions that contribute to violence and fragility.
Prioritized descriptions of the goals and objectives for stabilizing conflict-affected areas, reducing fragility, and preventing the spread of extremism and violence in each such country.
Descriptions of how and when the relevant goals, objectives, plans, and benchmarks for each such country or region will be incorporated into relevant United States country or regional plans and strategies, including the National Security Strategy of the United States, the Stabilization Assistance Review, Department of State Integrated Country Strategies, USAID Country Development Cooperation Strategies, and Department of Defense Campaign Plans, Operational Plans, and Regional Strategies, as well as any equivalent or successor plans or strategies.
Interagency plans to ensure that appropriate local actors, including government and civil society entities, have an appropriate ownership stake in developing, implementing, monitoring, and evaluating relevant activities under each such plan.
Interagency plans to integrate existing and planned security assistance and cooperation programs in each such country or region with the strategy, and to mitigate risks associated with such programs, including risks related to corruption, governance, and human rights.
Assessment, monitoring, and evaluation frameworks for diplomatic, development, and security assistance and activities, which shall be informed by consultations with the stakeholders specified in section 504(b), with clear metrics for each such country or region, as well as interagency plans for using such frameworks to adapt such activities on a regular basis.
Descriptions of available policy tools and how such tools will be used to reduce fragility, prevent the spread of extremism and violence, and stabilize conflict-affected areas in each such country or region.
A description of how planning and implementation of assistance under the Global Fragility Strategy for each such country or region will be coordinated in a manner that strengthens partnerships and leverages the unique expertise and resources of the United States Government and—
governments of such countries;
international development organizations;
relevant international donors;
multilateral organizations; and
the private sector.
A regional component outlining plans to address relevant transnational issues and how each such country is affected by or at risk of regional fragility or violence.
When a region is selected, a component outlining plans to address factors at the individual country level that affect regional fragility or violence.
Sec. 507 Implementation
The President, in coordination with the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, the heads of other relevant Federal departments and agencies, relevant United States ambassadors, USAID mission directors, geographic combatant commanders, and other relevant individuals with responsibility over activities in each priority country or region selected pursuant to section 505, shall ensure that—
the Global Fragility Strategy required under section 504, including each of the country plans developed under section 506, is implemented, updated, and coordinated on a regular basis; and
the strategy is used to guide United States Government policy at a senior level and incorporated into relevant strategies and plans across the United States Government such that the activities of all relevant Federal departments and agencies are consistent with the strategy.
Sec. 508 Biennial reports and congressional consultation
Biennial reports— Not later than two years after the submission of the plans required in section 506, and every two years thereafter until the date that is ten years after the date of submission of such plans, the President, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, and the heads of other relevant Federal departments and agencies shall jointly submit to the appropriate congressional committees an unclassified report, which may include a classified annex, on progress made and lessons learned with respect to implementation of the Global Fragility Strategy established pursuant to section 504. The report shall include the following elements:
Descriptions of steps taken to incorporate the strategy into any relevant, existing country and regional plans or strategies.
Accountings of all funding received and obligated to implement each such country and regional plan during the previous two years, and, to the extent feasible, projections of funding to be requested, planned, and implemented for the following two years.
Descriptions of progress made towards achieving specific targets, metrics, and indicators for each priority country and region.
Descriptions of any changes made to programs based on the results of assessment, monitoring, and evaluation for each priority country and region.
Congressional consultation— The Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Defense shall provide to any appropriate congressional committee briefings on the implementation of this title upon the request of any such committee.
Sec. 509 Authorization of appropriations
Prevention and stabilization fund—
Establishment— There is established in the Treasury of the United States a fund, which shall be known as the “Prevention and Stabilization Fund” (in this subsection referred to as “The Fund”), to be administered by the Department of State and USAID, as appropriate, to support stabilization of conflict-affected areas and to mitigate fragility, including through the Global Fragility Strategy established pursuant to section 504, which shall replace the Relief and Recovery Fund.
Authorization of appropriations— There is authorized to be appropriated to the Fund $200,000,000 for each of the fiscal years 2020 through 2024.
Purposes of the fund—
In general— Amounts authorized to be appropriated to the Fund shall be used—
to support stabilization of conflict-affected areas and prevent global fragility, including through the Global Fragility Strategy established pursuant to section 504; and
to provide assistance to areas liberated or at risk from, or under the control of, the Islamic State of Iraq and Syria, other terrorist organizations, or violent extremist organizations, including for stabilization assistance for vulnerable ethnic and religious minority communities affected by conflict.
Amounts in addition— Amounts authorized to be appropriated to the Fund under this section are in addition to any funds otherwise made available for the purposes described in paragraph (1).
Congressional notification— Funds may not be obligated under this section unless the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1) are notified of the amount and nature of such proposed obligation at least 15 days in advance of such proposed obligation, in accordance with the procedures applicable to notifications regarding reprogrammings pursuant to such section.
Complex crisis fund—
Establishment— There is established in the Treasury of the United States a fund, which shall be known as the “Complex Crises Fund” (in this subsection referred to as the “Fund”), to be administered by USAID, to support programs and activities to prevent or respond to emerging or unforeseen events overseas, including to support the Global Fragility Strategy established pursuant to section 504.
Authorization of appropriations— There is authorized to be appropriated to the Fund $30,000,000 for each of the fiscal years 2020 through 2024, which shall remain available until expended.
Purposes of the fund—
In general— Notwithstanding any other provision of law, except section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), amounts in the Fund may be used to carry out the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crises overseas, including through the Global Fragility Strategy established pursuant to section 504.
Amounts in addition— Amounts authorized to be appropriated to the Fund are in addition to any amounts otherwise made available for the purposes described in subparagraph (A).
Limitations—
In general— Amounts in the Fund may not be expended for lethal assistance or to respond to natural disasters.
Administrative expenses— Not more than five percent of the amounts in the Fund may be used for administrative expenses.
Congressional notification— The United States Agency for International Development shall notify the appropriate congressional committees not less than five days prior to the obligation of amounts in the Fund.
Waiver— The notification requirement under paragraph (5) may be waived if—
notification by the deadline specified in such paragraph would pose a substantial risk to human health or welfare; and
the appropriate congressional committees—
are notified as early as practicable but in no event later than three days after an obligation of amounts from the Fund; and
are provided with an explanation of the emergency circumstances that necessitated such waiver.
Sec. 510 Improving and leveraging assistance for the global fragility strategy
Sense of congress— It is the sense of Congress that the President, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, and the heads of other relevant Federal departments and agencies should—
develop more adaptive and responsive policy and program planning, implementation, and scaling under the Global Fragility Strategy established pursuant to section 504, and work with the appropriate congressional committees to identify any legislative changes that may be necessary to support such efforts;
better integrate the strategy and other conflict and violence reduction objectives and activities into other policy and program areas, where appropriate; and
support transparent and accountable multilateral funds, initiatives, and strategies to enhance and better coordinate private and public efforts to stabilize conflict-affected areas and prevent violence and fragility globally.
Other funding and cost matching— The Global Fragility Strategy established pursuant to section 504—
may, after consultation with the appropriate congressional committees, be supported with funds other than funds authorized to be appropriated pursuant to section 509; and
shall seek to leverage funds from sources other than the United States Government in order to promote coordination and cost-matching to the maximum extent practicable.
Multi-donor global fragility fund—
Authority— Pursuant to sections 607 and 632 of the Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 2392), and consistent with subsection (b), and after consultation with the appropriate congressional committees, the Secretary of State is authorized to establish funding mechanisms, to include the establishment of a Global Fragility Fund, to leverage, receive, coordinate, and program funds provided by other donors and private sector partners to carry out the purposes of this title.
Purposes— A funding mechanism established pursuant to paragraph (1) should—
include input from and participation by key bilateral and multilateral donors, representatives of civil society, relevant nongovernmental organizations and private sector entities, and developing countries where fragility threatens to exacerbate violent extremism and undermine development;
enhance donor coordination and cooperation;
advance clearly defined goals, objectives, and metrics for monitoring, evaluating, and measuring progress; and
focus on strengthening national and local good governance and conflict resolution capacity in fragile and conflict-affected areas over the long-term through comprehensive, compact-based agreements that support country-led strategies.
Congressional notification— Funds may not be obligated under this section except in consultation with the appropriate congressional committees and subject to the notification of such committees of the amount and proposed uses of such funds at least 15 days in advance of such proposed obligation.
Sec. 511 Rule of construction
Nothing in this title shall be construed as a declaration of war or an authorization for the use of military force.
VI Combating wildlife trafficking
Sec. 601 Short title
This title may be cited as the “Rescuing Animals With Rewards Act of 2019” or the “RAWR Act”.
Sec. 602 Findings; sense of Congress
Findings— Congress finds the following:
Wildlife trafficking is a major transnational crime that is estimated to generate over $10 billion a year in illegal profits and which is increasingly perpetrated by organized, sophisticated criminal enterprises, including known terrorist organizations.
Wildlife trafficking not only threatens endangered species worldwide, but also jeopardizes local security, spreads disease, undermines rule of law, fuels corruption, and damages economic development.
Combating wildlife trafficking requires a coordinated and sustained approach at the global, regional, national, and local levels.
Congress stated in the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 that it is the policy of the United States to take immediate actions to stop the illegal global trade in wildlife and wildlife products and associated transnational organized crime.
Sense of Congress— It is the sense of Congress that the Department of State’s rewards program is a powerful tool in combating sophisticated international crime and that the Department of State and Federal law enforcement should work in concert to offer rewards that target wildlife traffickers.
Sec. 603 Wildlife trafficking prevention awards program
Subparagraph (B) of section 36(k)(5) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended by inserting “wildlife trafficking (as defined by section 2(12) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601(12); Public Law 114–231)) and” after “includes”.
VII Championing American business through diplomacy
Sec. 701 Short title
This title may be cited as the “Championing American Business Through Diplomacy Act of 2019”.
Sec. 702 Findings
Congress makes the following findings:
According to the 2017 National Security Strategy of the United States of America, “Retaining our position as the world’s preeminent economic actor strengthens our ability to use the tools of economic diplomacy for the good of Americans and others.”.
A November 7, 2018, cable from Secretary of State Michael R. Pompeo to all diplomatic and consular posts—“Boosting Commercial Diplomacy Around the World”—stated that “helping American companies is a foreign policy priority…Promoting broad-based, responsible, and sustainable economic growth helps to stabilize regions and creates new and growing markets for U.S. companies. A transparent and level playing field for U.S. investment in these countries counters real and growing challenges such as China’s Belt and Road initiative.”.
In the January–February 2019 issue of The Foreign Service Journal, Ambassador Barbara Stephenson, the President of the American Foreign Service Association, wrote, “Foreign Service support for American business…is a major reason why the U.S. Foreign Service was created.”.
Sec. 703 Economic diplomacy within the Department of State
Subsection (c) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph:
“(3) Assistant Secretary for economic and business matters
“(A) In general—Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State who shall be responsible to the Secretary of State for matters pertaining to international economics and business matters in the conduct of foreign policy.
“(B) Matters contemplated—The matters referred to in subparagraph (A) include the following:
“(i) International trade and investment policy.
“(ii) International finance, economic development, and debt policy.
“(iii) Economic sanctions and combating terrorist financing.
“(iv) International transportation policy.
“(v) Support for United States businesses.
“(vi) Economic policy analysis and private sector outreach.
“(vii) International data privacy and innovation policies.
“(viii) Such other related duties as the Secretary may from time to time designate.”
Sec. 704 Chief of mission responsibilities
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended by adding at the end the following new subsection:
“(d) Promotion of United States economic interests—Each chief of mission to a foreign country shall have as a principal duty the promotion of United States economic and commercial interests in such country.”
Sec. 705 Increased training in economic and commercial diplomacy
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection:
“(d) Economic and commercial diplomacy—The Secretary of State, with the assistance of other relevant officials and the private sector, shall establish as part of the standard training provided for economic and commercial officers of the Foreign Service, chiefs of mission, and deputy chiefs of mission, training on matters related to economic and commercial diplomacy, with particular attention to market access and other elements of an enabling framework for United States businesses, commercial advocacy, and United States foreign economic policy, in addition to awareness about the support of the United States Government available to United States businesses, including support provided by the Department of Agriculture, the Department of Commerce, the Export-Import Bank of the United States, the Millennium Challenge Corporation, the Trade and Development Agency, the Department of the Treasury, the United States Agency for International Development, and the United States International Development Finance Corporation.”
Sec. 706 Report from each mission on matters of commercial relations
In general— Not later than 1 year after the date of the enactment of this Act and annually thereafter, the chief of mission at each bilateral diplomatic mission of the United States and the Director of the American Institute in Taiwan shall submit to the Secretary of State mission plans that include the following:
Data and other information regarding actions taken by each such mission or Institute during the previous year to foster commercial relations and safeguard United States economic and business interests in the country or region in which each such chief of mission and the Director serves.
Each such mission’s and Institute’s anticipated economic and commercial priorities for the coming year.
Report to Congress— The Secretary of State, after receiving the information required under subsection (a), shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report, disaggregated by country or region, on activities and initiatives, including with appropriate examples, to create an enabling environment and otherwise promote United States economic and business interests in each such country or region, as well as information about significant foreign competition to United States businesses in the relevant country or region, including state-directed investments by foreign governments and United States strategic competitors in such country or region.
Sec. 707 Consolidated report on unified investment climate statement and country commercial guide
In general— The Secretary of State and the Secretary of Commerce shall jointly produce and make publicly available on a United States Government internet website an annual country- and region-specific report regarding commercial relations with foreign countries and regions and safeguarding United States economic and business interests abroad, including with regard to United States exports and investments, including by small- and medium-size enterprises.
Matters To be included— Each report required under subsection (a) shall include the following with respect to each country or region covered by each such report:
Information about doing business in each country or region.
Background information about each country’s or region’s political environment.
Information about selling United States products and services in each country or region.
Leading sectors for United States exports and investment in each country or region.
Information about trade regulations, customs, and standards in each country or region, such as—
information on import tariffs; and
documentation about which United States businesses should be aware when exporting, including any prohibited items or temporary entry procedures.
Investment climate statements describing each country’s or region’s openness to foreign investments, such as information relating to each country’s or region’s—
investment policies;
market barriers;
business risks;
legal and regulatory system, including dispute resolution;
level of public and private sector corruption;
level of political violence and instability;
adherence to internationally recognized core labor standards; and
protection of property rights.
Information about trade and project financing in each country or region, such as each country’s or region’s—
banking and financial system, and how United States businesses typically get paid;
foreign exchange controls; and
important sources of funding for project financing.
Relevant business travel information and business customs in each country or region.
Information about services and personnel of the diplomatic mission of the United States available to United States businesses to support their activities in each country or region.
Any significant trade or commercial agreement that exists between the United States and each country or region.
A point of contact at the diplomatic or consular mission of the United States in each country or region for United States businesses.
Rule of construction— Nothing in this section may be construed to require the duplication of existing reports.
Sec. 708 Whole-of-government coordination and consultation to support United States economic and business interests
In general— The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Commerce, the Secretary of the Treasury, and the United States Trade Representative, shall have primary responsibility for coordinating a whole-of-government effort to expand United States efforts in supporting United States economic and business interests abroad. The Secretary may delegate responsibilities under this Act to a senior, Senate-confirmed Department of State official.
Responsibilities— The Secretary shall—
chair the interagency coordinating committee established under subsection (c);
develop and implement the joint strategic plan required under subsection (c)(4) for all United States trade-related and trade capacity building and related technical assistance programs, in consultation with the coordinating committee established under subsection (c);
advise the Federal departments and agencies designated by the President to participate in the interagency coordinating committee under this section in identifying the most needed and effective ways for United States diplomatic and consular posts and the departments and agencies that staff such posts to support the expansion of United States trade relations with host governments;
consult with the private sector in the development of government-wide trade expansion efforts, including establishing a point of contact and lead office within the Department of State to receive private-sector recommendations and comments concerning trade capacity assistance, coordination, consultations, and country-specific issues;
consult with the Office of Management and Budget regarding the administrative and human resources needs that may be required to implement the provisions of this title; and
brief Congress on trade capacity building programs and make recommendations, as appropriate, to Congress for improvements in trade capacity building efforts.
Economic diplomacy action group—
Establishment— The President shall establish an interagency coordinating committee, to be known as the “Economic Diplomacy Action Group”, to coordinate and carry out the purposes of this section.
Leadership— The Group shall be chaired by the Secretary of State and the vice-chairs shall be the United States Trade Representative and the Secretary of Commerce. The Secretaries and the United States Trade Representative may delegate responsibilities under this Act to appropriate, senior, Senate-confirmed officials.
Membership— The President may appoint to the Group senior officials from the United States Agency for International Development, the Department of Agriculture, the Department of the Treasury, the Export-Import Bank, the United States Development Finance Corporation, and any such other relevant executive branch department or agency as the President determines to be substantially involved in trade capacity building and related assistance efforts in developing countries.
Development of joint strategic plan— The Group shall develop a joint strategic plan for all United States capacity building and technical assistance programs.
Diplomacy trade expansion advisory committee—
Establishment of TEAC— The Chair and Vice-Chairs of the Economic Diplomacy Action Group shall establish a trade expansion advisory committee with selected representatives of the United States private sector and other organizations, including labor organizations, with direct and relevant operational experience in importing from and exporting into developing countries, as appropriate, to provide comment and advice on priorities for trade expansion initiatives. The Chair and Vice-Chairs of the Group may also appoint representatives from select non-profit organizations to the advisory committee if such representatives can demonstrate both a presence in and relevant operational or programmatic experience with trade capacity building efforts in developing countries.
Meetings— The trade expansion advisory committee shall convene at least twice annually or more often as necessary at the call of the Chair and Vice-Chairs of the Group.
Strategic planning advice— The trade expansion advisory committee shall advise the Chair and Vice-Chairs of the Group on ways that embassies can better support the United States private sector abroad, including assisting the Chair and Vice-Chairs—
in soliciting private-sector advice;
with respect to implementation of strategic planning; and
in advancing the overall mission and goals of United States national security.
Sec. 709 Private sector consultation and coordination
Consultation with private sector by embassy— In developing the priorities for trade expansion initiatives described in section 708(d), embassy mission teams shall convene local representatives of the United States private sector and the private sector of host countries to consult on issues affecting trade at the borders of such countries and take into account the private sector’s operational expertise and experience confronting the trade barriers in such countries as well as its recommendations for reform and best practices.
Inclusion of private-sector comments in mission plans— Written comments from local United States private sector representatives shall be included in the trade expansion component of mission plans submitted by the chief of mission to the Secretary of State, with recommendations and comments from the mission team, for the purpose of informing the development of the joint strategic plan on trade expansion priorities required pursuant to section 708(c)(4) and recommended funding for the implementation of such plan.
Designated embassy point of contact for private sector consultation— Each chief of mission shall designate an appropriate point of contact within the embassy who shall receive recommendations from appropriate private sector representatives regarding the implementation of the strategic plan required under section 708(c)(4) and ongoing trade barriers negatively impacting priority trade expansion. The chief of mission shall ensure that the designated point of contact shall be reasonably available for consultations with appropriate private sector representatives and to receive recommendations with respect to country-specific issues that may arise that will foreseeably disrupt trade.
Requirement to protect business confidential information—
In general— The Secretary of State, Secretary of Commerce, and United States Trade Representative as well as the heads of all other agencies involved in the Economic Diplomacy Action Group established under section 708(c) shall protect from disclosure any proprietary information submitted by any private sector representative and marked as “business confidential information”, unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the head of any such department or agency, or such party subsequently consents to the release of the information. To the extent business confidential information is provided, a non-confidential version of the information shall also be provided, in which the business confidential information is summarized or, if necessary, deleted.
Treatment as trade secrets— Proprietary information submitted by a private party in accordance with this Act shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5, United States Code, and shall be exempt from disclosure without the express approval of the private party.
Sec. 710 Improving awareness of United States Government tools and services to support United States businesses overseas
The Secretary of State and the Secretary of Commerce shall take actions to improve the awareness of United States businesses with respect to United States Government tools and services to assist such businesses overseas, especially small and medium-sized enterprises, including by coordinating with State trade agencies, Export Assistance Centers, and Small Businesses Development Centers.
Sec. 711 Report by Comptroller General of the United States
In general— Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States economic and commercial diplomacy.
Matters To be included— The report required under subsection (a) shall include an assessment of the following:
What is known about the effectiveness of United States economic and commercial diplomacy in influencing foreign governments and supporting United States businesses abroad.
Coordination between the Department of State and the Department of Commerce with respect to United States economic and commercial diplomacy.
The effectiveness of training provided pursuant to subsection (d) of section 708 of the Foreign Service Act of 1980 (as added by section 705 of this title) on matters relating to economic and commercial diplomacy.
The status and effectiveness of actions taken by the Secretary of State under section 710 of this title regarding commercial relations with foreign countries and regions and safeguarding United States economic and business interests abroad.
The status of the U.S. Commercial Service of the Department of Commerce and its effectiveness in advancing the economic and business interests of the United States abroad.
The status of the Foreign Service economics officers and their effectiveness in advancing the economic and business interests of the United States abroad.
Recommendations to improve United States economic and commercial diplomacy.
VIII United States Commission on International Religious Freedom Reauthorization
Sec. 801 Short title
This title may be cited as the “United States Commission on International Religious Freedom Reauthorization Act of 2019”.
Sec. 802 Reauthorization
Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking “2019” and inserting “2022”.
Sec. 803 Composition of Commission
Section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431) is amended—
in subsection (b)(2)—
by striking “(A) In general.—”; and
by striking subparagraph (B);
by amending subsection (d) to read as follows:
“(d) Election of Chair and Vice Chair—At the first meeting of the Commission after May 30 of each year, a majority of the members of the Commission who are present and voting shall elect a Chair and a Vice Chair. The Vice Chair shall have been appointed by an officeholder from a different political party than the officeholder who appointed the member of the Commission who was elected Chair. The positions of Chair and Vice Chair shall be rotated annually between members who were appointed to the Commission by officeholders of different political parties.”
in subsection (f), by striking “Country Report on Human Rights Practices” and inserting “International Religious Freedom Report”; and
by adding at the end the following:
“(j) Removal—If a payment is made under section 415(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) for an award or settlement in connection with a claim alleging a violation of unlawful harassment, intimidation, reprisal, or discrimination under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) that was committed personally by an individual who, at the time of committing the violation, was a Member of the Commission, the Member shall be removed from the Commission.”
Sec. 804 Duties and powers of the Commission
Duties— Section 202(e) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432) is amended—
by striking “The Commission” and inserting the following:
“(1) In general—The Commission”
by adding at the end the following:
“(2) Tracking; review—The Commission shall regularly—
“(A) track the implementation by the United States Government of the recommendations it makes under paragraph (1); and
“(B) review, to the extent practicable, the effectiveness of such implemented recommendations in advancing religious freedom internationally.”
Powers— Section 203(e) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432a(e)) is amended by adding at the end the following: “If a Member of the Commission is invited to speak at an event in his or her capacity as a Commissioner, the Member shall provide notice of the request to all Commissioners and the Executive Director as soon as the Commissioner becomes aware of such invitation. Speeches and responses to questions at official events shall reflect the views of the Commission. Official speeches and other prepared materials shall be made available to all Commissioners in advance of the event. If a Commissioner is speaking in his or her private capacity, he or she shall include qualifying language that the views they are representing are his or her own views and not the views of the Commission.”.
Sec. 805 Commission personnel matters
In general— Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended—
in subsection (b)—
by striking “fix the compensation of the Executive Director and other personnel” and inserting “provide reasonable compensation to the Executive Director”;
by striking “and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316” and inserting “may not exceed the rate payable under level II of the Executive Schedule under section 5313”; and
by adding at the end the following: “The rate of pay for other personnel of the Commission may not exceed the rate payable for level IV of the Executive Schedule under section 5315 of such title. All employees of the Commission shall otherwise be treated as employees whose pay is disbursed by the Secretary of the Senate, including for purposes of applying the Standing Rules of the Senate. The Commission shall be treated as an employing office of the Senate.”;
in subsection (f), by striking “the commission, for the executive director” and inserting “the Commission, for the Executive Director”; and
by striking subsection (g).
Coverage of Commission employees— Section 101(b) of the Congressional Accountability Act (2 U.S.C. 1301(b)) is amended—
in paragraph (1), by inserting “the United States Commission on International Religious Freedom,” after “With respect to”;
in paragraph (2)—
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
by inserting “(A)” before “Subject to paragraph (3),”; and
by adding at the end the following:
“(B) Legal assistance and representation under this chapter, including assistance and representation with respect to the proposal or acceptance of the disposition of a claim under this chapter, shall be provided to the United States Commission on International Religious Freedom by the Office of Senate Chief Counsel for Employment of the Senate, in the case of assistance and representation in connection with a claim filed under subchapter IV (including all subsequent proceedings under such subchapter in connection with such claim).”
in paragraph (3)—
in subparagraph (B), by striking “and” at the end;
in subparagraph (C), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(D) the term United States Commission on International Religious Freedom means the Commission established under section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.).”
Sec. 806 Commission travel and annual disclosures
Duties— Section 201(i) of the International Religious Freedom Act of 1998 (22 U.S.C. 6431(i)) is amended by striking “are subject to” and inserting “shall comply with”.
Powers— Section 203(f) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432a(f)) is amended—
by striking “The Members of the Commission” and inserting the following:
“(1) In general—The Members of the Commission”
by adding at the end the following:
“(2) Prohibition against payment of official travel by non-federal sources—Members of the Commission and Commission staff may not accept payment from a non-Federal source for expenses related to official travel on behalf of the Commission.”
Annual disclosures— Section 203 of the International Religious Freedom Act of 1998, as amended by subsection (b), is further amended by adding at the end the following:
“(g) Annual disclosures—Not later than March 1 of each year, each Member of the Commission shall submit a report to the appropriate congressional committees (as defined in section 4(a) of the United States Commission on International Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(a)) with respect to the most recently concluded 12-month period, that discloses any travel by the Member outside of the United States that was paid for or reimbursed by a person or entity other than the Member, a relative of the Member, or the Federal Government, including—
“(1) who paid for or reimbursed the travel;
“(2) a good faith estimate of the cost of the travel, if the travel was funded by a person or entity that does not employ the Member; and
“(3) brief details of the travel and events related to such travel.”
Sec. 807 Strategic plan
Section 4(d) of the United States Commission on International Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(d)) is amended by striking “Not later than 180 days after the date of the enactment of the Act, and not less frequently than biennially thereafter” and inserting “Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter”.
Sec. 808 Authorization of appropriations
Section 207(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6435(a)) is amended by striking “2016 to 2019” and inserting “2019 through 2022”.
Sec. 809 Record retention
Section 208 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a) is amended by adding at the end the following:
“(f) Commission records—The Commission shall comply with all of the records management requirements set forth in chapter 31 of title 44, United States Code (commonly referred to as the “Federal Records Act of 1950”).
“(g) Official email for Commission business—When conducting any Commission business on electronic accounts, Commission Members and staff shall use official Commission electronic accounts.”
IX Other matters
Sec. 901 Special rules for certain monthly workers’ compensation payments and other payments for Department of State personnel under chief of mission authority
Adjustment of compensation for certain injuries—
Increase— The Secretary of State may pay an additional monthly monetary benefit, provided that the covered employee is receiving benefits under section 8105 or 8106 of title 5, United States Code, and may determine the amount of each monthly monetary benefit amount by taking into account—
the severity of the qualifying injury;
the circumstances by which the covered employee became injured; and
the seniority of the covered employee, particularly for purposes of compensating for lost career growth.
Maximum— Notwithstanding chapter 81 of title 5, United States Code, the total amount of monthly compensation increased under paragraph (1) may not exceed the monthly pay of the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of such title.
Costs for treating qualifying injuries— The Secretary of State may pay the costs of or reimburse for diagnosing and treating—
a qualifying injury of a covered employee for such costs, that are not otherwise covered by chapter 81 of title 5, United States Code, or other provision of Federal law; or
a covered individual, or a covered dependent, for such costs that are not otherwise covered by Federal law.
Information exchange— To avoid duplicate or otherwise improper payments under this subsection, the Secretary of Labor and the Secretary of State shall exchange information about the amounts paid for treatment of qualifying injuries.
Regulations— Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall—
prescribe regulations ensuring the fair and equitable implementation of this section; and
submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives such regulations.
Definitions— In this section:
Covered dependent— The term covered dependent means a family member (as defined by the Secretary of State) of a employee who, on or after January 1, 2016—
accompanies the employee to an assigned duty station in a foreign country under chief of mission authority; and
becomes injured by reason of a qualifying injury.
Covered employee— The term covered employee means an employee of the Department of State who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f).
Covered individual— The term covered individual means an individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is—
detailed to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f); or
affiliated with the Department of State, as determined by the Secretary of State.
Qualifying injury— The term “qualifying injury” means the following:
With respect to a covered dependent, an injury incurred—
during a period in which the covered dependent is accompanying an employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State pursuant to subsection (f);
in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and
that was not the result of the willful misconduct of the covered dependent.
With respect to a covered employee or a covered individual, an injury incurred—
during a period of assignment to a duty station in the Republic of Cuba, the People’s Republic of China, or another country designated by the Secretary of State pursuant to subsection (f);
in connection with war, insurgency, hostile act, terrorist activity, or other incident designated by the Secretary of State; and
that was not the result of the willful misconduct of the covered employee or the covered individual.
Designation by the Secretary of State of another foreign country or duty station— The Secretary of State may designate another foreign country for the purposes of this section, provided that the Secretary reports such designation to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and includes in such report a rationale for each such designation. The Secretary of State may not designate an added foreign country or duty station for purposes of providing additional monetary benefit pursuant to subsection (a) or (b) for a qualifying injury to covered employees, covered dependents, or covered individuals under this section unless the Secretary of State—
provides to the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 30 days' notice of the designation of a particular additional country or duty station and the rationale for such addition; and
provides no such additional monetary benefit pursuant to subsection (a) or (b) to covered employees, covered dependents, or covered individuals for a qualifying injury until the 30-day notice period expires, unless there is written agreement by both the Chair and Ranking Members of both the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that there is no objection to proceeding with provision of such monetary benefit compensation in less than 30 days.
Treatment of amounts— For purposes of section 104 of the Internal Revenue Code of 1986, amounts paid pursuant to this section shall be treated as amounts described in subsection (a)(5) of such section.
Application—
In general— This section shall apply with respect to—
payments made to covered employees (as defined in such section) under section 8105 or 8106 of title 5, United States Code, beginning on or after January 1, 2016; and
diagnosis or treatment described in subsection (b) occurring on or after January 1, 2016.
Rule of construction— Nothing in this section shall modify or otherwise supersede chapter 81 of title 5, or chapter 11 of title 42 United States Code. Monetary benefits and treatment expenses paid under this section shall not be considered payments under any workers’ compensation law.
Sec. 902 Declassification of information related to certain actions by Saudi Arabian officials
Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, in coordination with the Director of National Intelligence, shall declassify, with any redactions necessary to protect intelligence sources and methods, any and all information related to whether the Government of Saudi Arabia materially assisted or facilitated any citizen or national of Saudi Arabia in departing from the United States while the citizen or national was awaiting trial or sentencing for a criminal offense committed in the United States.
Sec. 903 Promoting security and justice for victims of terrorism
Short title— This section may be cited as the Promoting Security and Justice for Victims of Terrorism Act of 2019.
Facilitation of the settlement of terrorism-related claims of nationals of the United States—
Comprehensive process To facilitate the resolution of Anti-Terrorism Act claims— The Secretary of State, in consultation with the Attorney General, shall, not later than 30 days after the date of enactment of this Act, develop and initiate a comprehensive process for the Department of State to facilitate the resolution and settlement of covered claims.
Elements of comprehensive process— The comprehensive process developed under paragraph (1) shall include, at a minimum, the following:
Not later than 45 days after the date of enactment of this Act, the Department of State shall publish a notice in the Federal Register identifying the method by which a national of the United States, or a representative of a national of the United States, who has a covered claim, may contact the Department of State to give notice of the covered claim.
Not later than 120 days after the date of enactment of this Act, the Secretary of State, or a designee of the Secretary, shall meet (and make every effort to continue to meet on a regular basis thereafter) with any national of the United States, or a representative of a national of the United States, who has a covered claim and has informed the Department of State of the covered claim using the method established pursuant to subparagraph (A) to discuss the status of the covered claim, including the status of any settlement discussions with the Palestinian Authority or the Palestine Liberation Organization.
Not later than 180 days after the date of enactment of this Act, the Secretary of State, or a designee of the Secretary, shall make every effort to meet (and make every effort to continue to meet on a regular basis thereafter) with representatives of the Palestinian Authority and the Palestine Liberation Organization to discuss the covered claims identified pursuant to subparagraph (A) and potential settlement of the covered claims.
Report to congress— The Secretary of State shall, not later than 240 days after the date of enactment of this Act, and annually thereafter for 5 years, submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives a report describing activities that the Department of State has undertaken to comply with this subsection, including specific updates regarding subparagraphs (B) and (C) of paragraph (2).
Sense of congress— It is the sense of Congress that—
covered claims should be resolved in a manner that provides just compensation to the victims;
covered claims should be resolved and settled in favor of the victim to the fullest extent possible and without subjecting victims to unnecessary or protracted litigation;
the United States Government should take all practicable steps to facilitate the resolution and settlement of all covered claims, including engaging directly with the victims or their representatives and the Palestinian Authority and the Palestine Liberation Organization; and
the United States Government should strongly urge the Palestinian Authority and the Palestine Liberation Organization to commit to good-faith negotiations to resolve and settle all covered claims.
Definition— In this subsection, the term covered claim means any pending action by, or final judgment in favor of, a national of the United States, or any action by a national of the United States dismissed for lack of personal jurisdiction, under section 2333 of title 18, United States Code, against the Palestinian Authority or the Palestine Liberation Organization.
Jurisdictional amendments to facilitate resolution of terrorism-related claims of nationals of the United States—
In general— Section 2334(e) of title 18, United States Code, is amended—
by striking paragraph (1) and inserting the following:
“(1) In general—Except as provided in paragraph (2), for purposes of any civil action under section 2333 of this title, a defendant shall be deemed to have consented to personal jurisdiction in such civil action if, regardless of the date of the occurrence of the act of international terrorism upon which such civil action was filed, the defendant—
“(A) after the date that is 120 days after the date of the enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019, makes any payment, directly or indirectly—
“(i) to any payee designated by any individual who, after being fairly tried or pleading guilty, has been imprisoned for committing any act of terrorism that injured or killed a national of the United States, if such payment is made by reason of such imprisonment; or
“(ii) to any family member of any individual, following such individual’s death while committing an act of terrorism that injured or killed a national of the United States, if such payment is made by reason of the death of such individual; or
“(B) after 15 days after the date of enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019—
“(i) continues to maintain any office, headquarters, premises, or other facilities or establishments in the United States;
“(ii) establishes or procures any office, headquarters, premises, or other facilities or establishments in the United States; or
“(iii) conducts any activity while physically present in the United States on behalf of the Palestine Liberation Organization or the Palestinian Authority.”
in paragraph (2), by adding at the end the following: “Except with respect to payments described in paragraph (1)(A), no court may consider the receipt of any assistance by a nongovernmental organization, whether direct or indirect, as a basis for consent to jurisdiction by a defendant.”; and
by adding at the end the following:
“(3) Exception for certain activities and locations—In determining whether a defendant shall be deemed to have consented to personal jurisdiction under paragraph (1)(B), no court may consider—
“(A) any office, headquarters, premises, or other facility or establishment used exclusively for the purpose of conducting official business of the United Nations;
“(B) any activity undertaken exclusively for the purpose of conducting official business of the United Nations;
“(C) any activity involving officials of the United States that the Secretary of State determines is in the national interest of the United States if the Secretary reports to the appropriate congressional committees annually on the use of the authority under this subparagraph;
“(D) any activity undertaken exclusively for the purpose of meetings with officials of the United States or other foreign governments, or participation in training and related activities funded or arranged by the United States Government;
“(E) any activity related to legal representation—
“(i) for matters related to activities described in this paragraph;
“(ii) for the purpose of adjudicating or resolving claims filed in courts of the United States; or
“(iii) to comply with this subsection; or
“(F) any personal or official activities conducted ancillary to activities listed under this paragraph.
“(4) Rule of construction—Notwithstanding any other law (including any treaty), any office, headquarters, premises, or other facility or establishment within the territory of the United States that is not specifically exempted by paragraph (3)(A) shall be considered to be in the United States for purposes of paragraph (1)(B).
“(5) Defined term—In this subsection, the term defendant means—
“(A) the Palestinian Authority;
“(B) the Palestine Liberation Organization;
“(C) any organization or other entity that is a successor to or affiliated with the Palestinian Authority or the Palestine Liberation Organization; or
“(D) any organization or other entity that—
“(i) is identified in subparagraph (A), (B), or (C); and
“(ii) self identifies as, holds itself out to be, or carries out conduct in the name of, the “State of Palestine” or “Palestine” in connection with official business of the United Nations.”
Prior consent not abrogated— The amendments made by this subsection shall not abrogate any consent deemed to have been given under section 2334(e) of title 18, United States Code, as in effect on the day before the date of enactment of this Act.
Rules of construction; applicability; severability—
Rules of construction—
In general— This section, and the amendments made by this section, should be liberally construed to carry out the purposes of Congress to provide relief for victims of terrorism.
Cases against other persons— Nothing in this section may be construed to affect any law or authority, as in effect on the day before the date of enactment of this Act, relating to a case brought under section 2333(a) of title 18, United States Code, against a person who is not a defendant, as defined in paragraph (5) of section 2334(e) of title 18, United States Code, as added by subsection (c)(1) of this section.
Applicability— This section, and the amendments made by this section, shall apply to any case pending on or after August 30, 2016.
Severability— If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section, the amendments made by this section, and the application of such provisions to any person or circumstance shall not be affected thereby.
Sec. 904 Debt relief for Somalia
Debt relief—
Of the funds appropriated under titles III and IV of division G of this Act and under such titles in prior Acts making appropriations for the Department of State, foreign operations, and related programs, not to exceed $35,000,000 may be transferred to the “Department of the Treasury, Debt Restructuring” account for the same purposes and under the same authorities and conditions (other than the period of availability) as other funds provided under that heading for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, or for the cost of selling, reducing, or cancelling amounts owed to the United States as a result of loans made to Somalia, in the event that Somalia meets the domestic and internationally-agreed conditions and the transfer is consistent with United States law and foreign policy considerations.
For the purposes of this section, no amounts may be transferred from amounts designated for Overseas Contingency Operations/Global War on Terrorism or as emergency requirements pursuant to a concurrent resolution on the budget or section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Prior to the initial obligation of funds made available pursuant to this section, the Secretary of State shall submit to the appropriate congressional committees a report on the outcome of the Paris Club meeting on debt cancellation for Somalia, the estimate of amounts needed and over what time period, and the proposed sources of funds to be transferred pursuant to this section: Provided, That such funds shall also be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of such committees.
Debt restructuring— Section 501(i) of title V of H.R. 3425, as enacted into law by section 1000(a)(5) of Public Law 106–113 (113 Stat. 1501A–313), as most recently amended by section 699H(b)(1) of division J of the Consolidated Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2372), is further amended by striking “2000–2010” and inserting “2000–2021”.
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.