II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of State, 

5 Foreign Operations, and Related Programs Permanent 

6 General Provisions Act of 2019’’. 

7 SEC. 2. PERMANENT EFFECT. 

8 The provisions of this Act apply with respect to fiscal 

9 year 2021 and each subsequent fiscal year thereafter. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committees on Appropriations 

6 and Foreign Relations of the Senate and the Com7 mittees on Appropriations and Foreign Affairs of 

8 the House of Representatives. 

9 (2) INTERNATIONAL FINANCIAL INSTITU10 TIONS.—The term ‘‘international financial institu11 tions’’ means the International Bank for Recon12 struction and Development, the International Devel13 opment Association, the International Finance Cor14 poration, the Inter-American Development Bank, the 

15 International Monetary Fund, the Asian Develop16 ment Bank, the Asian Development Fund, the Inter17 American Investment Corporation, the North Amer18 ican Development Bank, the European Bank for Re19 construction and Development, the African Develop20 ment Bank, the African Development Fund, and the 

21 Multilateral Investment Guarantee Agency. 

22 (3) REGULAR NOTIFICATION PROCEDURES.— 

23 The term ‘‘regular notification procedures’’ means 

24 that at least 15 days prior to obligating funds ap25 propriated or otherwise made available pursuant to 

26 an Act making appropriations for the Department of 


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1 State, foreign operations, and related programs, the 

2 Secretary of State or the Administrator of the 

3 United States Agency for International Develop4 ment, as appropriate, shall submit a notification to 

5 the Committees on Appropriations, which shall in6 clude a detailed description of how such funds pro7 posed to be made available will be used. 

8 SEC. 4. CONSULTING SERVICES. 

9 The expenditure of any funds appropriated or other10 wise made available pursuant to an Act making appropria11 tions for the Department of State, foreign operations, and 

12 related programs for any consulting service through pro13 curement contract, pursuant to section 3109 of title 5, 

14 United States Code, shall be limited to those contracts 

15 where such expenditures are a matter of public record and 

16 available for public inspection, except where otherwise pro17 vided under existing law, or under existing Executive order 

18 issued pursuant to existing law. 

19 SEC. 5. COUP D’ETAT. 

20 None of the funds appropriated or otherwise made 

21 available pursuant to an Act making appropriations for 

22 the Department of State, foreign operations, and related 

23 programs for bilateral assistance, international security 

24 assistance, multilateral assistance, or export and invest25 ment assistance shall be obligated or expended to finance 


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1 directly any assistance to the government of any country 

2 whose duly elected head of government is deposed by mili3 tary coup d’etat or decree or, after the date of enactment 

4 of this Act, a coup d’etat or decree in which the military 

5 plays a decisive role: Provided, That assistance may be re6 sumed to such government if the Secretary of State cer7 tifies and reports to the appropriate congressional commit8 tees that subsequent to the termination of assistance a 

9 democratically elected government has taken office: Pro10 vided further, That the provisions of this section shall not 

11 apply to assistance to promote democratic elections or 

12 public participation in democratic processes: Provided fur13 ther, That funds made available pursuant to the previous 

14 provisos shall be subject to the regular notification proce15 dures of the Committees on Appropriations. 

16 SEC. 6. LIMITATION ON ASSISTANCE TO COUNTRIES IN DE17 FAULT. 

18 No part of any appropriation provided pursuant to 

19 an Act making appropriations for the Department of 

20 State, foreign operations, and related programs for bilat21 eral assistance, international security assistance, multilat22 eral assistance, or export and investment assistance shall 

23 be used to furnish assistance to the government of any 

24 country which is in default during a period in excess of 

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1 cipal or interest on any loan made to the government of 

2 such country by the United States pursuant to a program 

3 for which funds are appropriated under such Act unless 

4 the President determines, following consultation with the 

5 Committees on Appropriations, that assistance for such 

6 country is in the national interest of the United States. 

7 SEC. 7. NOTIFICATION ON EXCESS DEFENSE EQUIPMENT. 

8 Prior to providing excess Department of Defense arti9 cles in accordance with section 516(a) of the Foreign As10 sistance Act of 1961, the Department of Defense shall no11 tify the Committees on Appropriations to the same extent 

12 and under the same conditions as other committees pursu13 ant to subsection (f) of that section: Provided, That before 

14 issuing a letter of offer to sell excess defense articles under 

15 the Arms Export Control Act, the Department of Defense 

16 shall notify the Committees on Appropriations in accord17 ance with the regular notification procedures of such Com18 mittees if such defense articles are significant military 

19 equipment (as defined in section 47(9) of the Arms Export 

20 Control Act) or are valued (in terms of original acquisition 

21 cost) at $7,000,000 or more, or if notification is required 

22 by any other Act for the use of appropriated funds for 

23 specific countries that would receive such excess defense 

24 articles: Provided further, That such Committees shall also 


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1 be informed of the original acquisition cost of such defense 

2 articles. 

3 SEC. 8. REPRESENTATION AND ENTERTAINMENT EX4 PENSES. 

5 (a) USE OF FUNDS.—Each Federal department, 

6 agency, or entity funded in titles I or II of an Act making 

7 appropriations for the Department of State, foreign oper8 ations, and related programs, and the Department of the 

9 Treasury and independent agencies funded in titles III or 

10 VI of such an Act, shall take steps to ensure that domestic 

11 and overseas representation and entertainment expenses 

12 further official agency business and United States foreign 

13 policy interests, and— 

14 (1) are primarily for fostering relations outside 

15 of the Executive Branch; 

16 (2) are principally for meals and events of a 

17 protocol nature; 

18 (3) are not for employee-only events; and 

19 (4) do not include activities that are substan20 tially of a recreational character. 

21 (b) LIMITATIONS.—None of the funds appropriated 

22 or otherwise made available by an Act making appropria23 tions for the Department of State, foreign operations, and 

24 related programs under the headings ‘‘International Mili25 tary Education and Training’’ or ‘‘Foreign Military FiVerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819

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1 nancing Program’’ for Informational Program activities or 

2 under the headings ‘‘Global Health Programs’’, ‘‘Develop3 ment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘As4 sistance for Europe, Eurasia and Central Asia’’ may be 

5 obligated or expended to pay for— 

6 (1) alcoholic beverages; or 

7 (2) entertainment expenses for activities that 

8 are substantially of a recreational character, includ9 ing entrance fees at sporting events, theatrical and 

10 musical productions, and amusement parks. 

11 SEC. 9. PROHIBITION ON ASSISTANCE TO GOVERNMENTS 

12 SUPPORTING INTERNATIONAL TERRORISM. 

13 (a) LETHAL MILITARY EQUIPMENT EXPORTS.— 

14 (1) PROHIBITION.—None of the funds appro15 priated or otherwise made available pursuant to an 

16 Act making appropriations for the Department of 

17 State, foreign operations, and related programs for 

18 bilateral assistance, international security assistance, 

19 multilateral assistance, or export and investment as20 sistance may be made available to any foreign gov21 ernment which provides lethal military equipment to 

22 a country the government of which the Secretary of 

23 State has determined supports international ter24 rorism for purposes of section 6(j) of the Export Ad25 ministration Act of 1979 as continued in effect purVerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819

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1 suant to the International Emergency Economic 

2 Powers Act: Provided, That the prohibition under 

3 this section with respect to a foreign government 

4 shall terminate 12 months after that government 

5 ceases to provide such military equipment: Provided 

6 further, That this section applies with respect to le7 thal military equipment provided under a contract 

8 entered into after October 1, 1997. 

9 (2) DETERMINATION.—Assistance restricted by 

10 paragraph (1) or any other similar provision of law, 

11 may be furnished if the President determines that to 

12 do so is important to the national interest of the 

13 United States. 

14 (3) REPORT.—Whenever the President makes a 

15 determination pursuant to paragraph (2), the Presi16 dent shall submit to the Committees on Appropria17 tions a report with respect to the furnishing of such 

18 assistance, including a detailed explanation of the 

19 assistance to be provided, the estimated dollar 

20 amount of such assistance, and an explanation of 

21 how the assistance furthers United States national 

22 interest. 

23 (b) BILATERAL ASSISTANCE.— 

24 (1) LIMITATIONS.—Funds appropriated for bi25 lateral assistance pursuant to an Act making approVerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819

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1 priations for the Department of State, foreign oper2 ations, and related programs for bilateral assistance, 

3 international security assistance, multilateral assist4 ance, or export and investment assistance and funds 

5 appropriated for such purposes in prior Acts making 

6 appropriations for the Department of State, foreign 

7 operations, and related programs, shall not be made 

8 available to any foreign government which the Presi9 dent determines— 

10 (A) grants sanctuary from prosecution to 

11 any individual or group which has committed 

12 an act of international terrorism; 

13 (B) otherwise supports international ter14 rorism; or 

15 (C) is controlled by an organization des16 ignated as a terrorist organization under sec17 tion 219 of the Immigration and Nationality 

18 Act (8 U.S.C. 1189). 

19 (2) WAIVER.—The President may waive the ap20 plication of paragraph (1) to a government if the 

21 President determines that national security or hu22 manitarian reasons justify such waiver: Provided, 

23 That the President shall publish each such waiver in 

24 the Federal Register and, at least 15 days before the 

25 waiver takes effect, shall notify the Committees on 


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1 Appropriations of the waiver (including the justifica2 tion for the waiver) in accordance with the regular 

3 notification procedures of the Committees on Appro4 priations. 

5 SEC. 10. AUTHORITIES FOR THE PEACE CORPS, INTER6 AMERICAN FOUNDATION, AND UNITED 

7 STATES AFRICAN DEVELOPMENT FOUNDA8 TION. 

9 Unless expressly provided to the contrary, provisions 

10 of this or any other Act, including provisions contained 

11 in prior or subsequent Acts authorizing or making appro12 priations for the Department of State, foreign operations, 

13 and related programs, shall not be construed to prohibit 

14 activities authorized by or conducted under the Peace 

15 Corps Act, the Inter-American Foundation Act, or the Af16 rican Development Foundation Act: Provided, That prior 

17 to conducting activities in a country for which assistance 

18 is prohibited, the agency shall consult with the Commit19 tees on Appropriations and report to such Committees 

20 within 15 days of taking such action. 

21 SEC. 11. COMMERCE, TRADE AND SURPLUS COMMODITIES. 

22 (a) WORLD MARKETS.—None of the funds appro23 priated or otherwise made available pursuant to an Act 

24 making appropriations for the Department of State, for25 eign operations, and related programs for bilateral assistVerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819

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1 ance, international security assistance, multilateral assist2 ance, or export and investment assistance for direct assist3 ance and none of the funds otherwise made available to 

4 the Export-Import Bank and the Overseas Private Invest5 ment Corporation shall be obligated or expended to fi6 nance any loan, any assistance, or any other financial com7 mitments for establishing or expanding production of any 

8 commodity for export by any country other than the 

9 United States, if the commodity is likely to be in surplus 

10 on world markets at the time the resulting productive ca11 pacity is expected to become operative and if the assist12 ance will cause substantial injury to United States pro13 ducers of the same, similar, or competing commodity: Pro14 vided, That such prohibition shall not apply to the Export15 Import Bank if in the judgment of its Board of Directors 

16 the benefits to industry and employment in the United 

17 States are likely to outweigh the injury to United States 

18 producers of the same, similar, or competing commodity, 

19 and the Chairman of the Board so notifies the Committees 

20 on Appropriations: Provided further, That this subsection 

21 shall not prohibit— 

22 (1) activities in a country that is eligible for as23 sistance from the International Development Asso24 ciation, is not eligible for assistance from the Inter25 national Bank for Reconstruction and Development, 


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1 and does not export on a consistent basis the agri2 cultural commodity with respect to which assistance 

3 is furnished; or 

4 (2) activities in a country the President deter5 mines is recovering from widespread conflict, a hu6 manitarian crisis, or a complex emergency. 

7 (b) EXPORTS.—Funds appropriated or otherwise 

8 made available pursuant to an Act making appropriations 

9 for the Department of State, foreign operations, and re10 lated programs that are made available to carry out chap11 ter 1 of part I of the Foreign Assistance Act of 1961 shall 

12 be available for any testing or breeding feasibility study, 

13 variety improvement or introduction, consultancy, publica14 tion, conference, or training in connection with the growth 

15 or production in a foreign country of an agricultural com16 modity for export which would compete with a similar 

17 commodity grown or produced in the United States: Pro18 vided, That this subsection shall not prohibit— 

19 (1) activities designed to increase food security 

20 in developing countries where such activities will not 

21 have a significant impact on the export of agricul22 tural commodities of the United States; 

23 (2) research activities intended primarily to 

24 benefit United States producers; 


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1 (3) activities in a country that is eligible for as2 sistance from the International Development Asso3 ciation, is not eligible for assistance from the Inter4 national Bank for Reconstruction and Development, 

5 and does not export on a consistent basis the agri6 cultural commodity with respect to which assistance 

7 is furnished; or 

8 (4) activities in a country the President deter9 mines is recovering from widespread conflict, a hu10 manitarian crisis, or a complex emergency. 

11 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

12 The Secretary of the Treasury shall instruct the United 

13 States executive director of each international financial in14 stitution to use the voice and vote of the United States 

15 to oppose any assistance by such institutions, using funds 

16 appropriated or made available by this Act, for the produc17 tion or extraction of any commodity or mineral for export, 

18 if it is in surplus on world markets and if the assistance 

19 will cause substantial injury to United States producers 

20 of the same, similar, or competing commodity. 

21 SEC. 12. SEPARATE ACCOUNTS. 

22 (a) SEPARATE ACCOUNTS FOR LOCAL CUR23 RENCIES.— 

24 (1) AGREEMENTS.—If assistance is furnished to 

25 the government of a foreign country under chapters 


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1 1 and 10 of part I or chapter 4 of part II of the 

2 Foreign Assistance Act of 1961 under agreements 

3 which result in the generation of local currencies of 

4 that country, the Administrator of the United States 

5 Agency for International Development (USAID) 

6 shall— 

7 (A) require that local currencies be depos8 ited in a separate account established by that 

9 government; 

10 (B) enter into an agreement with that gov11 ernment which sets forth— 

12 (i) the amount of the local currencies 

13 to be generated; and 

14 (ii) the terms and conditions under 

15 which the currencies so deposited may be 

16 utilized, consistent with this section; and 

17 (C) establish by agreement with that gov18 ernment the responsibilities of USAID and that 

19 government to monitor and account for deposits 

20 into and disbursements from the separate ac21 count. 

22 (2) USES OF LOCAL CURRENCIES.—As may be 

23 agreed upon with the foreign government, local cur24 rencies deposited in a separate account pursuant to 


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1 subsection (a), or an equivalent amount of local cur2 rencies, shall be used only— 

3 (A) to carry out chapter 1 or 10 of part 

4 I or chapter 4 of part II of the Foreign Assist5 ance Act of 1961 (as the case may be), for such 

6 purposes as— 

7 (i) project and sector assistance activi8 ties; or 

9 (ii) debt and deficit financing; or 

10 (B) for the administrative requirements of 

11 the United States Government. 

12 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

13 shall take all necessary steps to ensure that the 

14 equivalent of the local currencies disbursed pursuant 

15 to subsection (a)(2)(A) from the separate account 

16 established pursuant to subsection (a)(1) are used 

17 for the purposes agreed upon pursuant to subsection 

18 (a)(2). 

19 (4) TERMINATION OF ASSISTANCE PRO20 GRAMS.—Upon termination of assistance to a coun21 try under chapter 1 or 10 of part I or chapter 4 of 

22 part II of the Foreign Assistance Act of 1961 (as 

23 the case may be), any unencumbered balances of 

24 funds which remain in a separate account estab25 lished pursuant to subsection (a) shall be disposed of 


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1 for such purposes as may be agreed to by the gov2 ernment of that country and the United States Gov3 ernment. 

4 (5) REPORT.—The USAID Administrator shall 

5 report as part of the congressional budget justifica6 tion submitted to the Committees on Appropriations 

7 on the use of local currencies for the administrative 

8 requirements of the United States Government as 

9 authorized in subsection (a)(2)(B), and such report 

10 shall include the amount of local currency (and 

11 United States dollar equivalent) used or to be used 

12 for such purpose in each applicable country. 

13 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

14 (1) IN GENERAL.—If assistance is made avail15 able to the government of a foreign country, under 

16 chapter 1 or 10 of part I or chapter 4 of part II of 

17 the Foreign Assistance Act of 1961, as cash transfer 

18 assistance or as nonproject sector assistance, that 

19 country shall be required to maintain such funds in 

20 a separate account and not commingle with any 

21 other funds. 

22 (2) APPLICABILITY OF OTHER PROVISIONS OF

23 LAW.—Such funds may be obligated and expended 

24 notwithstanding provisions of law which are incon25 sistent with the nature of this assistance including 


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1 provisions which are referenced in the Joint Explan2 atory Statement of the Committee of Conference ac3 companying House Joint Resolution 648 (House Re4 port No. 98–1159). 

5 (3) NOTIFICATION.—At least 15 days prior to 

6 obligating any such cash transfer or nonproject sec7 tor assistance, the President shall submit a notifica8 tion through the regular notification procedures of 

9 the Committees on Appropriations, which shall in10 clude a detailed description of how the funds pro11 posed to be made available will be used, with a dis12 cussion of the United States interests that will be 

13 served by such assistance (including, as appropriate, 

14 a description of the economic policy reforms that will 

15 be promoted by such assistance). 

16 (4) EXEMPTION.—Nonproject sector assistance 

17 funds may be exempt from the requirements of para18 graph (1) only through the regular notification pro19 cedures of the Committees on Appropriations. 

20 SEC. 13. DEBT-FOR-DEVELOPMENT. 

21 In order to enhance the continued participation of 

22 nongovernmental organizations in debt-for-development 

23 and debt-for-nature exchanges, a nongovernmental organi24 zation which is a grantee or contractor of the United 

25 States Agency for International Development may place 


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1 in interest bearing accounts local currencies which accrue 

2 to that organization as a result of economic assistance pro3 vided as bilateral assistance pursuant to an Act making 

4 appropriations for the Department of State, foreign oper5 ations, and related programs and, subject to the regular 

6 notification procedures of the Committees on Appropria7 tions, any interest earned on such investment shall be used 

8 for the purpose for which the assistance was provided to 

9 that organization. 

10 SEC. 14. WAR CRIMES TRIBUNALS. 

11 If the President determines that doing so will con12 tribute to a just resolution of charges regarding genocide 

13 or other violations of international humanitarian law, the 

14 President may direct a drawdown pursuant to section 

15 552(c) of the Foreign Assistance Act of 1961 of up to 

16 $30,000,000 of commodities and services for the United 

17 Nations War Crimes Tribunal established with regard to 

18 the former Yugoslavia by the United Nations Security 

19 Council or such other tribunals or commissions as the 

20 Council may establish or authorize to deal with such viola21 tions, without regard to the ceiling limitation contained 

22 in paragraph (2) thereof: Provided, That the determina23 tion required under this section shall be in lieu of any de24 terminations otherwise required under section 552(c) of 

25 such Act: Provided further, That funds made available 


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1 pursuant to this section shall be made available subject 

2 to the regular notification procedures of the Committees 

3 on Appropriations. 

4 SEC. 15. COMMUNITY-BASED POLICE ASSISTANCE. 

5 Funds made available pursuant to an Act making ap6 propriations for the Department of State, foreign oper7 ations, and related programs for bilateral economic assist8 ance and international security assistance to carry out the 

9 provisions of chapters 1 and 10 of part I and chapters 

10 4 and 6 of part II of the Foreign Assistance Act of 1961, 

11 may be used, notwithstanding section 660 of that Act, to 

12 enhance the effectiveness and accountability of civilian po13 lice authority through training and technical assistance in 

14 human rights, the rule of law, anti-corruption, strategic 

15 planning, and through assistance to foster civilian police 

16 roles that support democratic governance, including assist17 ance for programs to prevent conflict, respond to disas18 ters, address gender-based violence, and foster improved 

19 police relations with the communities they serve. 

20 SEC. 16. AIRCRAFT TRANSFER, COORDINATION, AND USE. 

21 (a) TRANSFER AUTHORITY.—Notwithstanding any 

22 other provision of law or regulation, aircraft procured with 

23 funds appropriated by an Act making appropriations for 

24 the Department of State, foreign operations, and related 

25 programs under the headings ‘‘Diplomatic and Consular 


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1 Programs’’, ‘‘International Narcotics Control and Law 

2 Enforcement’’, ‘‘Andean Counterdrug Initiative’’, and 

3 ‘‘Andean Counterdrug Programs’’ may be used for any 

4 other program and in any region. 

5 (b) PROPERTY DISPOSAL.—The authority provided 

6 in subsection (a) shall apply only after the Secretary of 

7 State determines and reports to the Committees on Appro8 priations that the equipment is no longer required to meet 

9 programmatic purposes in the designated country or re10 gion: Provided, That any such transfer shall be subject 

11 to prior consultation with, and the regular notification 

12 procedures of, the Committees on Appropriations. 

13 (c) AIRCRAFT COORDINATION.— 

14 (1) AUTHORITY.—The uses of aircraft pur15 chased or leased by the Department of State and the 

16 United States Agency for International Development 

17 (USAID) with funds appropriated or otherwise made 

18 available by an Act making appropriations for the 

19 Department of State, foreign operations, and related 

20 programs shall be coordinated under the authority of 

21 the appropriate Chief of Mission: Provided, That 

22 notwithstanding section 7006(b) of the Department 

23 of State, Foreign Operations, and Related Appro24 priations Act, 2018 (division K of Public Law 115– 

25 141) or any other similar provision of law, such airVerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819

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1 craft may be used to transport, on a reimbursable 

2 or non-reimbursable basis, Federal and non-Federal 

3 personnel supporting Department of State and 

4 USAID programs and activities: Provided further, 

5 That official travel for other agencies for other pur6 poses may be supported on a reimbursable basis, or 

7 without reimbursement when traveling on a space 

8 available basis: Provided further, That funds received 

9 by the Department of State in connection with the 

10 use of aircraft owned, leased, or chartered by the 

11 Department of State may be credited to the Work12 ing Capital Fund of the Department and shall be 

13 available for expenses related to the purchase, lease, 

14 maintenance, chartering, or operation of such air15 craft. 

16 (2) SCOPE.—The requirement and authorities 

17 of this subsection shall only apply to aircraft, the 

18 primary purpose of which is the transportation of 

19 personnel. 

20 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

21 To the maximum extent practicable, the costs of oper22 ations and maintenance, including fuel, of aircraft funded 

23 by an Act making appropriations for the Department of 

24 State, foreign operations, and related programs shall be 

25 borne by the recipient country. 


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1 SEC. 17. PARKING FINES AND REAL PROPERTY TAXES 

2 OWED BY FOREIGN GOVERNMENTS. 

3 (a) IN GENERAL.—Subject to subsection (c), and for 

4 each fiscal year, of the funds appropriated pursuant to an 

5 Act making appropriations for the Department of State, 

6 foreign operations, and related programs for bilateral as7 sistance, international security assistance, multilateral as8 sistance, or export and investment assistance for a foreign 

9 country, an amount equal to 110 percent of the total 

10 amount of the unpaid fully adjudicated parking fines and 

11 penalties and unpaid property taxes owed by the central 

12 government of such country shall be withheld from obliga13 tion for assistance for the central government of such 

14 country until the Secretary of State submits a certification 

15 to the Committees on Appropriations stating that such 

16 parking fines and penalties and unpaid property taxes are 

17 fully paid. 

18 (b) AVAILABILITY OF WITHHELD FUNDS.—Funds 

19 withheld from obligation pursuant to subsection (a) may 

20 be made available for other programs or activities funded 

21 pursuant to an Act making appropriations for the Depart22 ment of State, foreign operations, and related programs, 

23 after consultation with, and subject to the regular notifica24 tion procedures of, the Committees on Appropriations, 

25 provided that no such funds shall be made available for 

26 assistance for the central government of such foreign 


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1 country that has not paid the full amount of the fully ad2 judicated parking fines and penalties and unpaid property 

3 taxes owed by such country. 

4 (c) EXCEPTION.—Subsection (a) shall not include 

5 amounts that have been withheld under any other provi6 sion of law. 

7 (d) NATIONAL SECURITY WAIVER.—The Secretary of 

8 State may waive the requirements set forth in subsection 

9 (a) on a country-by-country basis if the Secretary deter10 mines that to do so is in the national interest of the United 

11 States. 

12 (e) REPORT.—Not later than 180 days after the ini13 tial exercise of the waiver authority contained in sub14 section (d), the Secretary of State, after consultation with 

15 the City of New York, shall submit a report to the Com16 mittees on Appropriations describing a strategy, including 

17 timetable and steps currently being taken, to collect the 

18 parking fines and penalties and unpaid property taxes and 

19 interest owed by countries receiving foreign assistance 

20 pursuant to an Act making appropriations for the Depart21 ment of State, foreign operations, and related programs. 

22 (f) DEFINITIONS.—In this section: 

23 (1) FULLY ADJUDICATED.—The term ‘‘fully ad24 judicated’’ includes circumstances in which the per25 son to whom the vehicle is registered— 


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1 (A)(i) has not responded to the parking 

2 violation summons; or 

3 (ii) has not followed the appropriate adju4 dication procedures to challenge the summons; 

5 and 

6 (B) the period of time for payment of, or 

7 challenge to, the summons has lapsed. 

8 (2) PARKING FINES AND PENALTIES.—The 

9 term ‘‘parking fines and penalties’’ means parking 

10 fines and penalties— 

11 (A) owed to— 

12 (i) the District of Columbia; or 

13 (ii) New York, New York; and 

14 (B) incurred after April 1, 1997. 

15 (3) UNPAID PROPERTY TAXES.—The term ‘‘un16 paid property taxes’’ means the amount of unpaid 

17 taxes and interest determined to be owed by a for18 eign country on real property in the District of Co19 lumbia or New York, New York in a court order or 

20 judgment entered against such country by a court of 

21 the United States or any State or subdivision there22 of. 


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1 SEC. 18. UNITED STATES AGENCY FOR INTERNATIONAL DE2 VELOPMENT MANAGEMENT. 

3 (a) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi4 viduals hired and employed by USAID, with funds appro5 priated or otherwise made available pursuant to an Act 

6 making appropriations for the Department of State, for7 eign operations, and related programs, pursuant to the au8 thority of section 309 of the Foreign Service Act of 1980 

9 (22 U.S.C. 3949), may be extended for a period of up to 

10 4 years notwithstanding the limitation set forth in such 

11 section. 

12 (b) DISASTER SURGE CAPACITY.—Funds appro13 priated pursuant to an Act making appropriations for the 

14 Department of State, foreign operations, and related pro15 grams to carry out part I of the Foreign Assistance Act 

16 of 1961, including funds appropriated under the heading 

17 ‘‘Assistance for Europe, Eurasia and Central Asia’’, may 

18 be used, in addition to funds otherwise available for such 

19 purposes, for the cost (including the support costs) of indi20 viduals detailed to or employed by USAID whose primary 

21 responsibility is to carry out programs in response to nat22 ural disasters, or man-made disasters subject to the reg23 ular notification procedures of the Committees on Appro24 priations. 

25 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap26 propriated or otherwise made available pursuant to an Act 


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1 making appropriations for the Department of State, for2 eign operations, and related programs to carry out chap3 ters 1 and 10 of part I, chapter 4 of part II, and section 

4 667 of the Foreign Assistance Act of 1961, and title II 

5 of the Food for Peace Act (Public Law 83–480; 7 U.S.C. 

6 1721 et seq.), may be used by USAID to employ up to 

7 40 personal services contractors in the United States, not8 withstanding any other provision of law, for the purpose 

9 of providing direct, interim support for new or expanded 

10 overseas programs and activities managed by the agency 

11 until permanent direct hire personnel are hired and 

12 trained: Provided, That not more than 15 of such contrac13 tors shall be assigned to any bureau or office: Provided 

14 further, That such funds appropriated to carry out title 

15 II of the Food for Peace Act (Public Law 83–480; 7 

16 U.S.C. 1721 et seq.), may be made available only for per17 sonal services contractors assigned to the Office of Food 

18 for Peace. 

19 (d) SMALL BUSINESS.—In entering into multiple 

20 award indefinite-quantity contracts with funds appro21 priated by an Act making appropriations for the Depart22 ment of State, foreign operations, and related programs, 

23 USAID may provide an exception to the fair opportunity 

24 process for placing task orders under such contracts when 


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1 the order is placed with any category of small or small 

2 disadvantaged business. 

3 (e) SENIOR FOREIGN SERVICE LIMITED APPOINT4 MENTS.—Individuals hired pursuant to the authority pro5 vided by section 7059(o) of the Department of State, For6 eign Operations, and Related Programs Appropriations 

7 Act, 2010 (division F of Public Law 111–117) may be 

8 assigned to or support programs in Afghanistan or Paki9 stan with funds appropriated or otherwise made available 

10 pursuant to an Act making appropriations for the Depart11 ment of State, foreign operations, and related programs. 

12 SEC. 19. INSPECTORS GENERAL. 

13 (a) PROHIBITION ON USE OF FUNDS.—None of the 

14 funds appropriated by an Act making appropriations for 

15 the Department of State, foreign operations, and related 

16 programs may be used to deny an Inspector General fund17 ed under such Act timely access to any records, docu18 ments, or other materials available to the department or 

19 agency of the United States Government over which such 

20 Inspector General has responsibilities under the Inspector 

21 General Act of 1978 (5 U.S.C. App.), or to prevent or 

22 impede the access of such Inspector General to such 

23 records, documents, or other materials, under any provi24 sion of law, except a provision of law that expressly refers 


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1 to such Inspector General and expressly limits the right 

2 of access of such Inspector General. 

3 (b) TIMELY ACCESS.—A department or agency of the 

4 United States Government covered by this section shall 

5 provide its Inspector General access to all records, docu6 ments, and other materials in a timely manner. 

7 (c) COMPLIANCE.—Each Inspector General covered 

8 by this section shall ensure compliance with statutory limi9 tations on disclosure relevant to the information provided 

10 by the department or agency over which that Inspector 

11 General has responsibilities under the Inspector General 

12 Act of 1978 (5 U.S.C. App.). 

13 (d) REPORT.—Each Inspector General covered by 

14 this section shall report to the Committees on Appropria15 tions within 5 calendar days of any failure by any depart16 ment or agency of the United States Government to pro17 vide its Inspector General access to all requested records, 

18 documents, and other materials. 

19 SEC. 20. EXTRADITION. 

20 (a) LIMITATION.—None of the funds appropriated by 

21 an Act making appropriations for the Department of 

22 State, foreign operations, and related programs may be 

23 used to provide assistance (other than funds provided 

24 under the headings ‘‘International Disaster Assistance’’, 

25 ‘‘Complex Crises Fund’’, ‘‘International Narcotics Control 


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1 and Law Enforcement’’, ‘‘Migration and Refugee Assist2 ance’’, ‘‘United States Emergency Refugee and Migration 

3 Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, 

4 Demining and Related Assistance’’) for the central gov5 ernment of a country which has notified the Department 

6 of State of its refusal to extradite to the United States 

7 any individual indicted for a criminal offense for which 

8 the maximum penalty is life imprisonment without the 

9 possibility of parole or for killing a law enforcement offi10 cer, as specified in a United States extradition request. 

11 (b) CLARIFICATION.—Subsection (a) shall only apply 

12 to the central government of a country with which the 

13 United States maintains diplomatic relations and with 

14 which the United States has an extradition treaty and the 

15 government of that country is in violation of the terms 

16 and conditions of the treaty. 

17 (c) WAIVER.—The Secretary of State may waive the 

18 restriction under subsection (a) on a case-by-case basis if 

19 the Secretary certifies to the appropriate congressional 

20 committees that each waiver is important to the national 

21 interest of the United States. 

22 SEC. 21. COMMERCIAL LEASING OF DEFENSE ARTICLES. 

23 Notwithstanding any other provision of law, and sub24 ject to the regular notification procedures of the Commit25 tees on Appropriations, the authority of section 23(a) of 


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1 the Arms Export Control Act may be used to provide fi2 nancing to Israel, Egypt, the North Atlantic Treaty Orga3 nization (NATO), and major non-NATO allies for the pro4 curement by leasing (including leasing with an option to 

5 purchase) of defense articles from United States commer6 cial suppliers, not including Major Defense Equipment 

7 (other than helicopters and other types of aircraft having 

8 possible civilian application), if the President determines 

9 that there are compelling foreign policy or national secu10 rity reasons for those defense articles being provided by 

11 commercial lease rather than by government-to-govern12 ment sale under such Act. 

13 SEC. 22. SPECIAL DEFENSE ACQUISITION FUND. 

14 Not to exceed $900,000,000 may be obligated in any 

15 single fiscal year pursuant to section 51(c)(2) of the Arms 

16 Export Control Act for the purposes of the Special De17 fense Acquisition Fund (the Fund), to remain available 

18 for obligation until the end of the fiscal year in which it 

19 was obligated: Provided, That the provision of defense ar20 ticles and defense services to foreign countries or inter21 national organizations from the Fund shall be subject to 

22 the concurrence of the Secretary of State. 

23 SEC. 23. ENTERPRISE FUNDS. 

24 (a) NOTIFICATION.—None of the funds made avail25 able under pursuant to an Act making appropriations for 


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1 the Department of State, foreign operations, and related 

2 programs for bilateral assistance, international security 

3 assistance, multilateral assistance, or export and invest4 ment assistance may be made available for Enterprise 

5 Funds unless the appropriate congressional committees 

6 are notified at least 15 days in advance. 

7 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 

8 distribution of any assets resulting from any liquidation, 

9 dissolution, or winding up of an Enterprise Fund, in whole 

10 or in part, the President shall submit to the appropriate 

11 congressional committees a plan for the distribution of the 

12 assets of the Enterprise Fund. 

13 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

14 transition to and operation of any private equity fund or 

15 other parallel investment fund under an existing Enter16 prise Fund, the President shall submit such transition or 

17 operating plan to the appropriate congressional commit18 tees. 

Æ 


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