[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1819 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1819
To make permanent certain Department of State, foreign operations, and
related programs general provisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2019
Mr. Graham (for himself and Mr. Leahy) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To make permanent certain Department of State, foreign operations, and
related programs general provisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Permanent General Provisions Act of
2019''.
SEC. 2. PERMANENT EFFECT.
The provisions of this Act apply with respect to fiscal year 2021
and each subsequent fiscal year thereafter.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) International financial institutions.--The term
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(3) Regular notification procedures.--The term ``regular
notification procedures'' means that at least 15 days prior to
obligating funds appropriated or otherwise made available
pursuant to an Act making appropriations for the Department of
State, foreign operations, and related programs, the Secretary
of State or the Administrator of the United States Agency for
International Development, as appropriate, shall submit a
notification to the Committees on Appropriations, which shall
include a detailed description of how such funds proposed to be
made available will be used.
SEC. 4. CONSULTING SERVICES.
The expenditure of any funds appropriated or otherwise made
available pursuant to an Act making appropriations for the Department
of State, foreign operations, and related programs for any consulting
service through procurement contract, pursuant to section 3109 of title
5, United States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
SEC. 5. COUP D'ETAT.
None of the funds appropriated or otherwise made available pursuant
to an Act making appropriations for the Department of State, foreign
operations, and related programs for bilateral assistance,
international security assistance, multilateral assistance, or export
and investment assistance shall be obligated or expended to finance
directly any assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat or decree
or, after the date of enactment of this Act, a coup d'etat or decree in
which the military plays a decisive role: Provided, That assistance
may be resumed to such government if the Secretary of State certifies
and reports to the appropriate congressional committees that subsequent
to the termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of this
section shall not apply to assistance to promote democratic elections
or public participation in democratic processes: Provided further,
That funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the Committees on
Appropriations.
SEC. 6. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
No part of any appropriation provided pursuant to an Act making
appropriations for the Department of State, foreign operations, and
related programs for bilateral assistance, international security
assistance, multilateral assistance, or export and investment
assistance shall be used to furnish assistance to the government of any
country which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest on any
loan made to the government of such country by the United States
pursuant to a program for which funds are appropriated under such Act
unless the President determines, following consultation with the
Committees on Appropriations, that assistance for such country is in
the national interest of the United States.
SEC. 7. NOTIFICATION ON EXCESS DEFENSE EQUIPMENT.
Prior to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the
Arms Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required by any
other Act for the use of appropriated funds for specific countries that
would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
SEC. 8. REPRESENTATION AND ENTERTAINMENT EXPENSES.
(a) Use of Funds.--Each Federal department, agency, or entity
funded in titles I or II of an Act making appropriations for the
Department of State, foreign operations, and related programs, and the
Department of the Treasury and independent agencies funded in titles
III or VI of such an Act, shall take steps to ensure that domestic and
overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by an Act making appropriations for the Department of State,
foreign operations, and related programs under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
SEC. 9. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM.
(a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available pursuant to an Act making
appropriations for the Department of State, foreign operations,
and related programs for bilateral assistance, international
security assistance, multilateral assistance, or export and
investment assistance may be made available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined supports international terrorism for purposes of
section 6(j) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance pursuant to an Act making appropriations for the
Department of State, foreign operations, and related programs
for bilateral assistance, international security assistance,
multilateral assistance, or export and investment assistance
and funds appropriated for such purposes in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
SEC. 10. AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION,
AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION.
Unless expressly provided to the contrary, provisions of this or
any other Act, including provisions contained in prior or subsequent
Acts authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
SEC. 11. COMMERCE, TRADE AND SURPLUS COMMODITIES.
(a) World Markets.--None of the funds appropriated or otherwise
made available pursuant to an Act making appropriations for the
Department of State, foreign operations, and related programs for
bilateral assistance, international security assistance, multilateral
assistance, or export and investment assistance for direct assistance
and none of the funds otherwise made available to the Export-Import
Bank and the Overseas Private Investment Corporation shall be obligated
or expended to finance any loan, any assistance, or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--Funds appropriated or otherwise made available
pursuant to an Act making appropriations for the Department of State,
foreign operations, and related programs that are made available to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institutions, using
funds appropriated or made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity.
SEC. 12. SEPARATE ACCOUNTS.
(a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Report.--The USAID Administrator shall report as part
of the congressional budget justification submitted to the
Committees on Appropriations on the use of local currencies for
the administrative requirements of the United States Government
as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar
equivalent) used or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
SEC. 13. DEBT-FOR-DEVELOPMENT.
In order to enhance the continued participation of nongovernmental
organizations in debt-for-development and debt-for-nature exchanges, a
nongovernmental organization which is a grantee or contractor of the
United States Agency for International Development may place in
interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided as bilateral
assistance pursuant to an Act making appropriations for the Department
of State, foreign operations, and related programs and, subject to the
regular notification procedures of the Committees on Appropriations,
any interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
SEC. 14. WAR CRIMES TRIBUNALS.
If the President determines that doing so will contribute to a just
resolution of charges regarding genocide or other violations of
international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
to $30,000,000 of commodities and services for the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under section
552(c) of such Act: Provided further, That funds made available
pursuant to this section shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
SEC. 15. COMMUNITY-BASED POLICE ASSISTANCE.
Funds made available pursuant to an Act making appropriations for
the Department of State, foreign operations, and related programs for
bilateral economic assistance and international security assistance to
carry out the provisions of chapters 1 and 10 of part I and chapters 4
and 6 of part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-corruption,
strategic planning, and through assistance to foster civilian police
roles that support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address gender-
based violence, and foster improved police relations with the
communities they serve.
SEC. 16. AIRCRAFT TRANSFER, COORDINATION, AND USE.
(a) Transfer Authority.--Notwithstanding any other provision of law
or regulation, aircraft procured with funds appropriated by an Act
making appropriations for the Department of State, foreign operations,
and related programs under the headings ``Diplomatic and Consular
Programs'', ``International Narcotics Control and Law Enforcement'',
``Andean Counterdrug Initiative'', and ``Andean Counterdrug Programs''
may be used for any other program and in any region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development (USAID) with funds appropriated or
otherwise made available by an Act making appropriations for
the Department of State, foreign operations, and related
programs shall be coordinated under the authority of the
appropriate Chief of Mission: Provided, That notwithstanding
section 7006(b) of the Department of State, Foreign Operations,
and Related Appropriations Act, 2018 (division K of Public Law
115-141) or any other similar provision of law, such aircraft
may be used to transport, on a reimbursable or non-reimbursable
basis, Federal and non-Federal personnel supporting Department
of State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes may
be supported on a reimbursable basis, or without reimbursement
when traveling on a space available basis: Provided further,
That funds received by the Department of State in connection
with the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital Fund
of the Department and shall be available for expenses related
to the purchase, lease, maintenance, chartering, or operation
of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by an Act making appropriations for the Department
of State, foreign operations, and related programs shall be borne by
the recipient country.
SEC. 17. PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS.
(a) In General.--Subject to subsection (c), and for each fiscal
year, of the funds appropriated pursuant to an Act making
appropriations for the Department of State, foreign operations, and
related programs for bilateral assistance, international security
assistance, multilateral assistance, or export and investment
assistance for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and
penalties and unpaid property taxes owed by the central government of
such country shall be withheld from obligation for assistance for the
central government of such country until the Secretary of State submits
a certification to the Committees on Appropriations stating that such
parking fines and penalties and unpaid property taxes are fully paid.
(b) Availability of Withheld Funds.--Funds withheld from obligation
pursuant to subsection (a) may be made available for other programs or
activities funded pursuant to an Act making appropriations for the
Department of State, foreign operations, and related programs, after
consultation with, and subject to the regular notification procedures
of, the Committees on Appropriations, provided that no such funds shall
be made available for assistance for the central government of such
foreign country that has not paid the full amount of the fully
adjudicated parking fines and penalties and unpaid property taxes owed
by such country.
(c) Exception.--Subsection (a) shall not include amounts that have
been withheld under any other provision of law.
(d) National Security Waiver.--The Secretary of State may waive the
requirements set forth in subsection (a) on a country-by-country basis
if the Secretary determines that to do so is in the national interest
of the United States.
(e) Report.--Not later than 180 days after the initial exercise of
the waiver authority contained in subsection (d), the Secretary of
State, after consultation with the City of New York, shall submit a
report to the Committees on Appropriations describing a strategy,
including timetable and steps currently being taken, to collect the
parking fines and penalties and unpaid property taxes and interest owed
by countries receiving foreign assistance pursuant to an Act making
appropriations for the Department of State, foreign operations, and
related programs.
(f) Definitions.--In this section:
(1) Fully adjudicated.--The term ``fully adjudicated''
includes circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking violation
summons; or
(ii) has not followed the appropriate adjudication
procedures to challenge the summons; and
(B) the period of time for payment of, or challenge
to, the summons has lapsed.
(2) Parking fines and penalties.--The term ``parking fines
and penalties'' means parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred after April 1, 1997.
(3) Unpaid property taxes.--The term ``unpaid property
taxes'' means the amount of unpaid taxes and interest
determined to be owed by a foreign country on real property in
the District of Columbia or New York, New York in a court order
or judgment entered against such country by a court of the
United States or any State or subdivision thereof.
SEC. 18. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT.
(a) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds appropriated or otherwise made available
pursuant to an Act making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority of
section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may be
extended for a period of up to 4 years notwithstanding the limitation
set forth in such section.
(b) Disaster Surge Capacity.--Funds appropriated pursuant to an Act
making appropriations for the Department of State, foreign operations,
and related programs to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'', may be used, in addition to
funds otherwise available for such purposes, for the cost (including
the support costs) of individuals detailed to or employed by USAID
whose primary responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the regular
notification procedures of the Committees on Appropriations.
(c) Personal Services Contractors.--Funds appropriated or otherwise
made available pursuant to an Act making appropriations for the
Department of State, foreign operations, and related programs to carry
out chapters 1 and 10 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(d) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by an Act making
appropriations for the Department of State, foreign operations, and
related programs, USAID may provide an exception to the fair
opportunity process for placing task orders under such contracts when
the order is placed with any category of small or small disadvantaged
business.
(e) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds appropriated or
otherwise made available pursuant to an Act making appropriations for
the Department of State, foreign operations, and related programs.
SEC. 19. INSPECTORS GENERAL.
(a) Prohibition on Use of Funds.--None of the funds appropriated by
an Act making appropriations for the Department of State, foreign
operations, and related programs may be used to deny an Inspector
General funded under such Act timely access to any records, documents,
or other materials available to the department or agency of the United
States Government over which such Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede the access of such Inspector General to
such records, documents, or other materials, under any provision of
law, except a provision of law that expressly refers to such Inspector
General and expressly limits the right of access of such Inspector
General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committees on Appropriations within 5 calendar days of
any failure by any department or agency of the United States Government
to provide its Inspector General access to all requested records,
documents, and other materials.
SEC. 20. EXTRADITION.
(a) Limitation.--None of the funds appropriated by an Act making
appropriations for the Department of State, foreign operations, and
related programs may be used to provide assistance (other than funds
provided under the headings ``International Disaster Assistance'',
``Complex Crises Fund'', ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'', ``United States
Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Assistance'')
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction under
subsection (a) on a case-by-case basis if the Secretary certifies to
the appropriate congressional committees that each waiver is important
to the national interest of the United States.
SEC. 21. COMMERCIAL LEASING OF DEFENSE ARTICLES.
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft
having possible civilian application), if the President determines that
there are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease rather than
by government-to-government sale under such Act.
SEC. 22. SPECIAL DEFENSE ACQUISITION FUND.
Not to exceed $900,000,000 may be obligated in any single fiscal
year pursuant to section 51(c)(2) of the Arms Export Control Act for
the purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until the end of the fiscal year in
which it was obligated: Provided, That the provision of defense
articles and defense services to foreign countries or international
organizations from the Fund shall be subject to the concurrence of the
Secretary of State.
SEC. 23. ENTERPRISE FUNDS.
(a) Notification.--None of the funds made available under pursuant
to an Act making appropriations for the Department of State, foreign
operations, and related programs for bilateral assistance,
international security assistance, multilateral assistance, or export
and investment assistance may be made available for Enterprise Funds
unless the appropriate congressional committees are notified at least
15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
<all>
Department of State, Foreign Operations, and Related Programs Permanent General Provisions Act of 2019
#1819 | S Congress #116
Policy Area: International Affairs
Subjects: AfricaAlliancesAppropriationsAviation and airportsCompetitiveness, trade promotion, trade deficitsConflicts and warsCongressional oversightCriminal investigation, prosecution, interrogationDepartment of StateDiplomacy, foreign officials, Americans abroadDisaster relief and insuranceEgyptEuropeExecutive agency funding and structureForeign aid and international reliefForeign loans and debtGovernment ethics and transparency, public corruptionGovernment information and archivesGovernment studies and investigations
Last Action: Read twice and referred to the Committee on Foreign Relations. (6/12/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text