Department of State, Foreign Operations, and Related Programs Permanent General Provisions Act of 2019

To make permanent certain Department of State, foreign operations, and related programs general provisions. 1. Short title This Act may be cited as the Department of State, Foreign Operations, and Related Programs Permanent General Provisions Act of 2019 2. Permanent effect The provisions of this Act apply with respect to fiscal year 2021 and each subsequent fiscal year thereafter. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (2) International financial institutions The term international financial institutions (3) Regular notification procedures The term regular notification procedures 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. 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 Provided further Provided further 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. 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 Provided further 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 Foreign Military Financing Program Global Health Programs Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia (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. 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 Provided further (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 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 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 Provided further (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 (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. 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. 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. 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 Provided further 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. 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 Andean Counterdrug Programs (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 (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 Public Law 115–141 Provided further Provided further (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. 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 (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 (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 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 (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 (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 Provided Provided further Public Law 83–480 7 U.S.C. 1721 (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 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. 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 Nonproliferation, Anti-terrorism, Demining and Related Assistance (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. 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. 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 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.

Summary: Department of State, Foreign Operations, and Related Programs Permanent General Provisions Act of 2019 This bill makes permanent various foreign relations-related provisions. These include a general requirement that expenditures under certain Department of State contracts for consulting services are made public; a general prohibition against providing certain types of foreign assistance to a country whose duly elected head of government has been deposed in a military coup d'etat, a country in default of certain U.S. government loans, or a country that supports international terrorism; a general prohibition against assistance by the Export-Import Bank or the Overseas Private Investment Corporation for the non-U.S. production of a commodity for export that will likely be in surplus and where such surplus will cause substantial injury to U.S. producers; various requirements relating to how the U.S. Agency for International Development (USAID) handles funds for certain types of assistance; a provision generally authorizing aircraft procured for certain State Department programs to be used in any other program or region; a provision authorizing the extension of the employment of certain USAID personnel for up to four years; a provision generally requiring certain foreign-relations-related programs to provide timely access to documents to the relevant Inspector General office; and a provision authorizing assistance to certain countries for such countries to commercially lease certain defense articles from U.S. commercial suppliers.