[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3111 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3111

To make permanent certain Department of State, foreign operations, and 
                  related programs general provisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2018

 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 
2018''.

SEC. 2. PERMANENT EFFECT.

    The provisions of this Act apply with respect to fiscal year 2020 
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):  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 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>