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

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Department of State, 4 Foreign Operations, and Related Programs Permanent 5 General Provisions Act of 2019’’. 6 SEC. 2. PERMANENT EFFECT. 7 The provisions of this Act apply with respect to fiscal 8 year 2021 and each subsequent fiscal year thereafter. 9 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 2 •S 1819 IS SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means the Committees on Appropriations 5 and Foreign Relations of the Senate and the Com- 6 mittees on Appropriations and Foreign Affairs of 7 the House of Representatives. 8 (2) INTERNATIONAL FINANCIAL INSTITU- 9 TIONS.—The term ‘‘international financial institu- 10 tions’’ means the International Bank for Recon- 11 struction and Development, the International Devel- 12 opment Association, the International Finance Cor- 13 poration, the Inter-American Development Bank, the 14 International Monetary Fund, the Asian Develop- 15 ment Bank, the Asian Development Fund, the Inter- 16 American Investment Corporation, the North Amer- 17 ican Development Bank, the European Bank for Re- 18 construction and Development, the African Develop- 19 ment Bank, the African Development Fund, and the 20 Multilateral Investment Guarantee Agency. 21 (3) REGULAR NOTIFICATION PROCEDURES.— 22 The term ‘‘regular notification procedures’’ means 23 that at least 15 days prior to obligating funds ap- 24 propriated or otherwise made available pursuant to 25 an Act making appropriations for the Department of 26 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 3 •S 1819 IS State, foreign operations, and related programs, the 1 Secretary of State or the Administrator of the 2 United States Agency for International Develop- 3 ment, as appropriate, shall submit a notification to 4 the Committees on Appropriations, which shall in- 5 clude a detailed description of how such funds pro- 6 posed to be made available will be used. 7 SEC. 4. CONSULTING SERVICES. 8 The expenditure of any funds appropriated or other- 9 wise made available pursuant to an Act making appropria- 10 tions for the Department of State, foreign operations, and 11 related programs for any consulting service through pro- 12 curement contract, pursuant to section 3109 of title 5, 13 United States Code, shall be limited to those contracts 14 where such expenditures are a matter of public record and 15 available for public inspection, except where otherwise pro- 16 vided under existing law, or under existing Executive order 17 issued pursuant to existing law. 18 SEC. 5. COUP D’ETAT. 19 None of the funds appropriated or otherwise made 20 available pursuant to an Act making appropriations for 21 the Department of State, foreign operations, and related 22 programs for bilateral assistance, international security 23 assistance, multilateral assistance, or export and invest- 24 ment assistance shall be obligated or expended to finance 25 VerDate Sep 11 2014 02:25 Jun 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 4 •S 1819 IS directly any assistance to the government of any country 1 whose duly elected head of government is deposed by mili- 2 tary coup d’etat or decree or, after the date of enactment 3 of this Act, a coup d’etat or decree in which the military 4 plays a decisive role: Provided, That assistance may be re- 5 sumed to such government if the Secretary of State cer- 6 tifies and reports to the appropriate congressional commit- 7 tees that subsequent to the termination of assistance a 8 democratically elected government has taken office: Pro- 9 vided further, That the provisions of this section shall not 10 apply to assistance to promote democratic elections or 11 public participation in democratic processes: Provided fur- 12 ther, That funds made available pursuant to the previous 13 provisos shall be subject to the regular notification proce- 14 dures of the Committees on Appropriations. 15 SEC. 6. LIMITATION ON ASSISTANCE TO COUNTRIES IN DE- 16 FAULT. 17 No part of any appropriation provided pursuant to 18 an Act making appropriations for the Department of 19 State, foreign operations, and related programs for bilat- 20 eral assistance, international security assistance, multilat- 21 eral assistance, or export and investment assistance shall 22 be used to furnish assistance to the government of any 23 country which is in default during a period in excess of 24 1 calendar year in payment to the United States of prin- 25 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 5 •S 1819 IS cipal or interest on any loan made to the government of 1 such country by the United States pursuant to a program 2 for which funds are appropriated under such Act unless 3 the President determines, following consultation with the 4 Committees on Appropriations, that assistance for such 5 country is in the national interest of the United States. 6 SEC. 7. NOTIFICATION ON EXCESS DEFENSE EQUIPMENT. 7 Prior to providing excess Department of Defense arti- 8 cles in accordance with section 516(a) of the Foreign As- 9 sistance Act of 1961, the Department of Defense shall no- 10 tify the Committees on Appropriations to the same extent 11 and under the same conditions as other committees pursu- 12 ant to subsection (f) of that section: Provided, That before 13 issuing a letter of offer to sell excess defense articles under 14 the Arms Export Control Act, the Department of Defense 15 shall notify the Committees on Appropriations in accord- 16 ance with the regular notification procedures of such Com- 17 mittees if such defense articles are significant military 18 equipment (as defined in section 47(9) of the Arms Export 19 Control Act) or are valued (in terms of original acquisition 20 cost) at $7,000,000 or more, or if notification is required 21 by any other Act for the use of appropriated funds for 22 specific countries that would receive such excess defense 23 articles: Provided further, That such Committees shall also 24 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 6 •S 1819 IS be informed of the original acquisition cost of such defense 1 articles. 2 SEC. 8. REPRESENTATION AND ENTERTAINMENT EX- 3 PENSES. 4 (a) USE OF FUNDS.—Each Federal department, 5 agency, or entity funded in titles I or II of an Act making 6 appropriations for the Department of State, foreign oper- 7 ations, and related programs, and the Department of the 8 Treasury and independent agencies funded in titles III or 9 VI of such an Act, shall take steps to ensure that domestic 10 and overseas representation and entertainment expenses 11 further official agency business and United States foreign 12 policy interests, and— 13 (1) are primarily for fostering relations outside 14 of the Executive Branch; 15 (2) are principally for meals and events of a 16 protocol nature; 17 (3) are not for employee-only events; and 18 (4) do not include activities that are substan- 19 tially of a recreational character. 20 (b) LIMITATIONS.—None of the funds appropriated 21 or otherwise made available by an Act making appropria- 22 tions for the Department of State, foreign operations, and 23 related programs under the headings ‘‘International Mili- 24 tary Education and Training’’ or ‘‘Foreign Military Fi- 25 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 7 •S 1819 IS nancing Program’’ for Informational Program activities or 1 under the headings ‘‘Global Health Programs’’, ‘‘Develop- 2 ment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘As- 3 sistance for Europe, Eurasia and Central Asia’’ may be 4 obligated or expended to pay for— 5 (1) alcoholic beverages; or 6 (2) entertainment expenses for activities that 7 are substantially of a recreational character, includ- 8 ing entrance fees at sporting events, theatrical and 9 musical productions, and amusement parks. 10 SEC. 9. PROHIBITION ON ASSISTANCE TO GOVERNMENTS 11 SUPPORTING INTERNATIONAL TERRORISM. 12 (a) LETHAL MILITARY EQUIPMENT EXPORTS.— 13 (1) PROHIBITION.—None of the funds appro- 14 priated or otherwise made available pursuant to an 15 Act making appropriations for the Department of 16 State, foreign operations, and related programs for 17 bilateral assistance, international security assistance, 18 multilateral assistance, or export and investment as- 19 sistance may be made available to any foreign gov- 20 ernment which provides lethal military equipment to 21 a country the government of which the Secretary of 22 State has determined supports international ter- 23 rorism for purposes of section 6(j) of the Export Ad- 24 ministration Act of 1979 as continued in effect pur- 25 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 8 •S 1819 IS suant to the International Emergency Economic 1 Powers Act: Provided, That the prohibition under 2 this section with respect to a foreign government 3 shall terminate 12 months after that government 4 ceases to provide such military equipment: Provided 5 further, That this section applies with respect to le- 6 thal military equipment provided under a contract 7 entered into after October 1, 1997. 8 (2) DETERMINATION.—Assistance restricted by 9 paragraph (1) or any other similar provision of law, 10 may be furnished if the President determines that to 11 do so is important to the national interest of the 12 United States. 13 (3) REPORT.—Whenever the President makes a 14 determination pursuant to paragraph (2), the Presi- 15 dent shall submit to the Committees on Appropria- 16 tions a report with respect to the furnishing of such 17 assistance, including a detailed explanation of the 18 assistance to be provided, the estimated dollar 19 amount of such assistance, and an explanation of 20 how the assistance furthers United States national 21 interest. 22 (b) BILATERAL ASSISTANCE.— 23 (1) LIMITATIONS.—Funds appropriated for bi- 24 lateral assistance pursuant to an Act making appro- 25 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 9 •S 1819 IS priations for the Department of State, foreign oper- 1 ations, and related programs for bilateral assistance, 2 international security assistance, multilateral assist- 3 ance, or export and investment assistance and funds 4 appropriated for such purposes in prior Acts making 5 appropriations for the Department of State, foreign 6 operations, and related programs, shall not be made 7 available to any foreign government which the Presi- 8 dent determines— 9 (A) grants sanctuary from prosecution to 10 any individual or group which has committed 11 an act of international terrorism; 12 (B) otherwise supports international ter- 13 rorism; or 14 (C) is controlled by an organization des- 15 ignated as a terrorist organization under sec- 16 tion 219 of the Immigration and Nationality 17 Act (8 U.S.C. 1189). 18 (2) WAIVER.—The President may waive the ap- 19 plication of paragraph (1) to a government if the 20 President determines that national security or hu- 21 manitarian reasons justify such waiver: Provided, 22 That the President shall publish each such waiver in 23 the Federal Register and, at least 15 days before the 24 waiver takes effect, shall notify the Committees on 25 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 10 •S 1819 IS Appropriations of the waiver (including the justifica- 1 tion for the waiver) in accordance with the regular 2 notification procedures of the Committees on Appro- 3 priations. 4 SEC. 10. AUTHORITIES FOR THE PEACE CORPS, INTER- 5 AMERICAN FOUNDATION, AND UNITED 6 STATES AFRICAN DEVELOPMENT FOUNDA- 7 TION. 8 Unless expressly provided to the contrary, provisions 9 of this or any other Act, including provisions contained 10 in prior or subsequent Acts authorizing or making appro- 11 priations for the Department of State, foreign operations, 12 and related programs, shall not be construed to prohibit 13 activities authorized by or conducted under the Peace 14 Corps Act, the Inter-American Foundation Act, or the Af- 15 rican Development Foundation Act: Provided, That prior 16 to conducting activities in a country for which assistance 17 is prohibited, the agency shall consult with the Commit- 18 tees on Appropriations and report to such Committees 19 within 15 days of taking such action. 20 SEC. 11. COMMERCE, TRADE AND SURPLUS COMMODITIES. 21 (a) WORLD MARKETS.—None of the funds appro- 22 priated or otherwise made available pursuant to an Act 23 making appropriations for the Department of State, for- 24 eign operations, and related programs for bilateral assist- 25 VerDate Sep 11 2014 05:36 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1819.IS S1819 kjohnson on DSK79L0C42 with BILLS 11 •S 1819 IS ance, international security assistance, multilateral assist- 1 ance, or export and investment assistance for direct assist- 2 ance and none of the funds otherwise made available to 3 the Export-Import Bank and the Overseas Private Invest- 4 ment Corporation shall be obligated or expended to fi- 5 nance any loan, any assistance, or any other financial com- 6 mitments for establishing or expanding production of any 7 commodity for export by any country other than the 8 United States, if the commodity is likely to be in surplus 9 on world markets at the time the resulting productive ca- 10 pacity is expected to become operative and if the assist- 11 ance will cause substantial injury to United S [Text truncated for display. 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