118th CONGRESS 2d Session |
To provide supplemental appropriations for fiscal year 2024, and for other purposes.
February 6, 2024
Mr. Goldman of New York (for himself, Mr. Landsman, Mr. Schiff, Mr. Auchincloss, and Mr. Espaillat) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To provide supplemental appropriations for fiscal year 2024, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
DEPARTMENT OF DEFENSE
Military Personnel
military personnel, army
For an additional amount for “Military Personnel, Army”, $207,158,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
military personnel, marine corps
For an additional amount for “Military Personnel, Marine Corps”, $3,538,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the balanced Budget and Emergency Deficit Control Act of 1985.
military personnel, air force
For an additional amount for “Military Personnel, Air Force”, $23,302,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
military personnel, space force
For an additional amount for “Military Personnel, Space Force”, $4,192,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation And Maintenance
operation and maintenance, army
For an additional amount for “Operation and Maintenance, Army”, $4,887,581,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance, navy
For an additional amount for “Operation and Maintenance, Navy”, $1,534,163,000, to remain available until December 31, 2024, to respond to the situation in Ukraine, to support improvements to the submarine industrial base, and for related expenses: Provided, That of the total amount provided under this heading in this Act, $976,405,000 shall be to respond to the situation in Ukraine and for related expenses: Provided further, That of the total amount provided under this heading in this Act, $557,758,000, to remain available until September 30, 2024, shall be to support improvements to the submarine industrial base and for related expenses: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance, marine corps
For an additional amount for “Operation and Maintenance, Marine Corps”, $69,045,000 to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance, air force
For an additional amount for “Operation and Maintenance, Marine Corps”, $846,869,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance, space force
For an additional amount for “Operation and Maintenance, Space Force”, $8,443,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation And Maintenance, Defense-wide
(including transfer of funds)
For an additional amount for “Operation and Maintenance, Defense-Wide”, $29,086,892,000, to remain available until December 31, 2024, to respond to the situations in Ukraine, and Taiwan and for related expenses: Provided, That of the total amount provided under this heading in this Act, $13,772,460,000, to remain available until September 30, 2025, shall be for the Ukraine Security Assistance Initiative: Provided further, That such funds for the Ukraine Security Assistance Initiative shall be available to the Secretary of Defense under the same terms and conditions as are provided for under this heading in the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–12 328), and shall be available notwithstanding section 8135 of the Department of Defense Appropriations Act, 2023 (division C of Public Law 117–328) or any similar provision in any other Act making appropriations for the Department of Defense: Provided further, That up to $13,414,432,000, to remain available until September 30, 2025, may be transferred to accounts under the headings “Operation and Maintenance”, ‘‘“Procurement”, and “Revolving and Management Funds” for replacement, through new procurement or repair of existing unserviceable equipment, of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to or identified for provision to the Government of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States: Provided further, That up to $1,900,000,000, to remain available until September 30, 2025, may be transferred to accounts under the headings “Operation and Maintenance”, “Procurement”, and “Revolving and Management Funds” for replacement, through new procurement or repair of existing unserviceable equipment, of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to or identified for provision to the Government of Taiwan or to foreign countries that have provided support to Taiwan at the request of the United States: Provided further, That funds transferred pursuant to the preceding three provisos shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 15 days before any such transfer: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back and merged with this appropriation: Provided further, That any transfer authority provided herein is in addition to any other transfer authority provided by law: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement
missile procurement, army
For an additional amount for “Missile Procurement, Army”, $2,742,757,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement of ammunition, army
For an additional amount for “Procurement of Ammunition, Army”, $2,742,757,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
other procurement, army
For an additional amount for “Other Procurement, Army”, $308,991,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
weapons procurement, navy
For an additional amount for “Weapons Procurement, Navy”, $706,976,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
shipbuilding and conversation, navy
For an additional amount for “Shipbuilding and Conversion, Navy”, $2,155,000,000, to remain available until September 30, 2028, to support improvements to the submarine industrial base and for related expenses: Provided, That of the total amount provided under this heading in this Act, funds shall be available as follows: Columbia Class Submarine (AP), $1,955,000,000; and Virginia Class Submarine (AP), $200,000,000: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
other procurement, navy
For an additional amount for “Other Procurement, Navy”, $319,570,000, to remain available until September 30, 2026, to respond to the situation in Ukraine, to support improvements to the submarine industrial base, and for related expenses: Provided, That of the total amount provided under this heading in this Act, $26,000,000 shall be to respond to the situation in Ukraine and for related expenses: Provided further, That of the total amount provided under this heading in this Act, $293,570,000 shall be to support improvements to the submarine industrial base and for related expenses: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, marine corps
For an additional amount for “Procurement, Marine Corps”, $212,443,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
missile procurement, air force
For an additional amount for “Missile Procurement, Air Force” $366,001,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
other procurement, air force
For an additional amount for “Other Procurement, Air Force”, $2,808,678,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for other expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, defense-wide
For an additional amount for “Procurement, Defense-Wide”, $46,780,000, to remain available until September 30, 2026, to respond to the situations in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
defense production act purchases
For an additional amount for “Defense Production Act Purchases”, $331,200,000, to remain available until expended, for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533): Provided, That such amounts shall be obligated and expended by the Secretary of Defense as if delegated the necessary authorities conferred by the Defense Production Act of 1950: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test And Evaluation
research, development, test and evaluation, army
For an additional amount for “Research, Development, Test and Evaluation, Army”, $18,594,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
research, development, test and evaluation, navy
For an additional amount for “Research, Development, Test and Evaluation, Navy”, $20,825,000, to remain available until September 30, 2025, to respond to the situation in Ukraine, to support improvements to the submarine industrial base, and for related expenses: Provided, That of the total amount provided under this heading in this Act, $13,825,000 shall be to respond to the situation in Ukraine and for related expenses: Provided further, That of the total amount provided under this heading in this Act, $7,000,000 shall be to support improvements to the submarine industrial base and for related expenses: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
research, development, test and evaluation, air force
For an additional amount for “Research, Development, Test and Evaluation, Air Force”, $406,834,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
research, development, test and evaluation, defense-wide
For an additional amount for “Research, Development, Test and Evaluation, Defense-Wide”, $194,125,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Related Agencies
intelligence community management account
For an additional amount for “Intelligence Community Management Account”, $2,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Provisions—this Title
Sec. 1001. (a) Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer up to $1,000,000,000 between the appropriations or funds made available to the Department of Defense in this Act: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this paragraph: Provided further, That the authority provided in this paragraph is in addition to any other transfer authority otherwise provided by law and is subject to the same terms and conditions as the authority provided in section 8005 of the Department of Defense Appropriations Act, 2023, or any similar provision in any subsequent Act making appropriations for the Department of Defense for Fiscal Year 2024, except for monetary limitations concerning the amount of authority available.
(b) Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer up to $250,000,000 of the funds made available to the Director of National Intelligence for the National Intelligence Program in this Act between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which the amount is transferred: Provided, That the Director of National Intelligence shall notify the Congress promptly of all transfers made pursuant to this authority: Provided further, That the transfer authority provided by this paragraph is in addition to any transfer authority otherwise provided by law.
DEPARTMENT OF ENERGY
Energy Defense Activities
National Nuclear Security Administration
defense nuclear nonproliferation
For an additional amount for “Defense Nuclear Nonproliferation”, $143,915,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
federal salaries and expenses
For an additional amount for “Federal Salaries and Expenses”, $5,540,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
operations and support
For an additional amount for “Federal Emergency Management Agency—Operations and Support”, $10,000,000, to remain available until September 30, 2027, for necessary expenses related to the administration of nonprofit security grants: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
federal assistance
For an additional amount for “Federal Emergency Management Agency—Federal Assistance”, $390,000,000, of which $160,000,000 shall remain available until September 30, 2024, and $230,000,000 shall remain available until September 30, 2026, for Nonprofit Security Grant Program under section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a) for eligible nonprofit organizations to prevent, prepare for, protect against, and respond to acts of terrorism or other threats: Provided, That the Administrator of the Federal Emergency Management Agency shall make programmatic adjustments as necessary to expedite the disbursement of, and provide flexibility in the use of, amounts made available under this heading in this Act: Provided further, That notwithstanding any provision of 6 U.S.C. 609a, and in addition to amounts available under 6 U.S.C. 609a(c)(2), the Administrator of the Federal Emergency Management Agency may permit a State to use up to two percent of a grant awarded under this heading in this Act to provide outreach and technical assistance to eligible nonprofit organizations to assist them with applying for Nonprofit Security Grant Program awards under this heading in this Act: Provided further, That such outreach and technical assistance should prioritize rural and underserved communities and nonprofit organizations that are traditionally underrepresented in the Program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration For Children And Families
refugee and entrant assistance
For an additional amount for “Refugee and Entrant Assistance”, $2,334,000,000, to remain available until September 30, 2025, for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980: Provided, That amounts made available under this heading in this Act may be used for grants or contracts with qualified organizations, including nonprofit entities, to provide culturally and linguistically appropriate services, including wraparound services, housing assistance, medical assistance, legal assistance, and case management assistance: Provided further, That amounts made available under this heading in this Act may be used by the Director of the Office of Refugee Resettlement (Director) to issue awards or supplement awards previously made by the Director: Provided further, That the Director, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1552(c)(1)(A)) with amounts made available under this heading in this Act, may allocate such amounts among the States in a manner that accounts for the most current data available: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
Sec. 4001. Section 401(a)(1)(A) of the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117–128) is amended by striking “September 30, 2023” and inserting “September 30, 2024”: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF DEFENSE
military construction, navy, and marine corps
For an additional amount for “Military Construction, Navy and Marine Corps”, $281,914,000, to remain available until September 30, 2028, to support improvements to the submarine industrial base and for related expenses: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of the Navy, or their designee, shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading in this Act: Provided further, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF STATE
Administration Of Foreign Affairs
diplomatic programs
For an additional amount for “Diplomatic Programs”, $60,000,000, to remain available until September 30, 2025, to respond to the situations in Ukraine and areas and countries impacted by the situation in Ukraine: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for “Office of Inspector General”, $12,000,000, to remain available until September 30, 2025: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for “Emergencies in the Diplomatic and Consular Service”, $50,000,000, to remain available until expended, to meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated To The President
operating expenses
For an additional amount for “Operating Expenses”, $39,000,000, to remain available until September 30, 2025, to respond to the situations in Israel and Ukraine and countries impacted by the situations in Israel and Ukraine: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated To The President
international disaster assistance
For an additional amount for “International Disaster Assistance”, $5,655,000,000, to remain available until to remain available until expended, to address humanitarian needs in response to the situations in Israel and Ukraine, including the provision of emergency food and shelter, and for assistance for other vulnerable populations and communities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for “Transition Initiative”, $25,000,000, to remain available until expended, for assistance for Ukraine and countries impacted by the situation in Ukraine: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for “Economic Support Fund”, $7,899,000,000, to remain available until September 30, 2025: Provided, That of the total amount provided under this heading in this Act, $7,849,000,000 shall be for assistance for Ukraine, which may include budget support and which may be made available notwithstanding any other provision of law that restricts assistance to foreign countries: Provided further, That none of the funds made available for budget support pursuant to the preceding proviso may be made available for the reimbursement of pensions: Provided further, That of the total amount provided under this heading in this Act, $50,000,000 shall be to prevent and respond to food insecurity: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
assistance for europe, eurasia and central asia
For an additional amount for “Assistance for Europe, Eurasia and Central Asia”, $1,575,000,000, to remain available until September 30, 2025, for assistance and related programs for Ukraine and other countries identified in section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5402(c)): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Department Of State
migration and refugee assistance
For an additional amount for “Migration and Refugee Assistance”, $3,495,000,000, to remain available until expended, to address humanitarian needs and assist refugees in response to the situations in Israel and Ukraine, and for assistance for other vulnerable populations and communities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department Of State
international narcotics control and law enforcement
For an additional amount for “International Narcotics Control and Law Enforcement”, $375,000,000, to remain available until September 30, 2025: Provided, That of the total amount provided under this heading in this Act, $300,000,000 shall be for assistance for Ukraine and countries impacted by the situation in Ukraine: Provided further, That funds made available in the preceding proviso may be made available to support the State Border Guard Service of Ukraine and National Police of Ukraine, including units supporting or under the command of the Armed Forces of Ukraine: Provided further, That of the total amount provided under this heading in this Act, $75,000,000 shall be for assistance for the Middle East, following consultation with the appropriate congressional committees, including to enhance law enforcement capabilities, counter terrorism, combat narcotics trafficking, and meet other critical partner requirements: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for “Nonproliferation, Anti-terrorism, Demining and Related Programs”, $100,000,000, to remain available until September 30, 2025, for assistance for Ukraine and countries impacted by the situation in Ukraine: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of State shall consult with the Committees on Appropriations on the prioritization of demining efforts and how such efforts will be coordinated with development activities: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Funds Appropriated To The President
foreign military financing program
For an additional amount for “Foreign Military Financing Program”, $3,600,000,000, to remain available until September 30, 2025: Provided further, That of the total amount provided under this heading in this Act, $2,000,000,000 shall be for assistance for the Indo-Pacific region and for related expenses: Provided further, That of the total amount provided under this heading in this Act, $1,600,000,000 shall be for assistance for Ukraine and countries impacted by the situation in Ukraine and for related expenses: Provided further, That amounts made available under this heading in this Act and unobligated balances of amounts made available under this heading in Acts making appropriations for the Department of State, foreign operations, and related programs for fiscal year 2024 and prior fiscal years shall be available for the cost of loans and loan guarantees as authorized by section 2606 of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103), subject to the terms and conditions provided in such section, or as otherwise authorized by law: Provided further, That loan guarantees made using amounts described in the preceding proviso for loans financed by the Federal Financing Bank may be provided notwithstanding any provision of law limiting the percentage of loan principal that may be guaranteed: Provided further, That up to $5,000,000 of funds made available under this heading in this Act, in addition to funds otherwise available for such purposes, may be used by the Department of State for necessary expenses for the general costs of administering military assistance and sales, including management and oversight of such programs and activities: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL ASSISTANCE PROGRAMS
Multilateral Assistance
contribution to the international development association
For an additional amount for “Contribution to the International Development Association”, $250,000,000, to remain available until expended, which shall be made available for a contribution to the International Development Association Special Program to Enhance Crisis Response Window: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
(including transfers of funds)
Sec. 5001. During fiscal year 2024, up to $250,000,000 of funds deposited in the Consular and Border Security Programs account in any fiscal year that are available for obligation may be transferred to, and merged with, funds appropriated by any Act making appropriations for the Department of State, foreign operations, and related programs under the headings “Diplomatic Programs” (including for Worldwide Security Protection) and “Emergencies in the Diplomatic and Consular Service” for emergency evacuations or to prevent or respond to security situations and related requirements: Provided, That such transfer authority is in addition to any other transfer authority provided by law, and any such transfers are subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
Sec. 5002. During fiscal year 2024, section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied by substituting “$7,800,000,000” for “$100,000,000”.
Sec. 5003. During fiscal year 2024, section 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be applied by substituting “$400,000,000” for “$200,000,000” in the matter preceding clause (i), and by substituting “$150,000,000” for “$75,000,000” in clause (i).
Sec. 5004. During fiscal year 2024, section 552(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied by substituting “$50,000,000” for “$25,000,000”.
Sec. 5005. Unobligated balances from amounts appropriated in prior Acts under the heading “Multilateral Assistance—International Financial Institutions—Contributions to the International Monetary Fund Facilities and Trust Funds” shall be available to cover the cost, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), of loans made by the Secretary of the Treasury only to the Poverty Reduction and Growth Trust of the International Monetary Fund, following consultation with the appropriate congressional committees: Provided, That such funds shall be available to subsidize gross obligations for the principal amount of direct loans not to exceed $21,000,000,000 in the aggregate, and the Secretary of the Treasury is authorized to make such loans.
Sec. 5006. Section 17(a)(6) of the Bretton Woods Agreements Act (22 U.S.C. 286e–2(a)(6)) is amended by striking “December 31, 2025” and inserting “December 31, 2030”.
Sec. 5007. (a) Funds appropriated by this Act under the headings “International Disaster Assistance” and “Migration and Refugee Assistance” may be transferred to, and merged with, funds appropriated by this Act under such headings.
(b) Funds appropriated by this Act under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine may be transferred to, and merged with, funds made available under the headings “United States International Development Finance Corporation—Corporate Capital Account”, “United States International Development Finance Corporation—Program Account”, “Export-Import Bank of the United States—Program Account”, and “Trade and Development Agency” for such purpose.
(c) Funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” for assistance for countries in the Middle East may be transferred to, and merged with, funds appropriated by this Act under the headings “Nonproliferation, Anti-terrorism, Demining and Related Programs”, “Peacekeeping Operations”, and “Foreign Military Financing Program” for such purpose.
(d) The transfer authorities provided by this section are in addition to any other transfer authority provided by law, and are subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(e) Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations.
Sec. 5008. Section 1705 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328) shall apply to funds appropriated by this Act under the heading “Economic Support Fund” for assistance for Ukraine.
Sec. 5009. None of the funds appropriated or otherwise made available by this title in this Act may be made available for assistance for the Governments of the Russian Federation or Belarus, including entities owned or controlled by such Governments.
Sec. 5010. (a) Section 2606 of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103) is amended as follows:
(1) in subsection (a), by striking “and North Atlantic Treaty Organization (NATO) allies” and inserting “, North Atlantic Treaty Organization (NATO) allies, major non-NATO allies, and the Indo-Pacific region”; by striking “$4,000,000,000” and inserting “$8,000,000,000”; and by striking “, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity”; and
(2) in subsection (b), by striking “and NATO allies” and inserting “, NATO allies, major non-NATO allies, and the Indo-Pacific region; by striking “$4,000,000,000” and inserting “$8,000,000,000”; and by inserting at the end of the second proviso “except for guarantees of loans by the Federal Financing Bank”.
(b) Funds made available for the costs of direct loans and loan guarantees for major non-NATO allies and the Indo-Pacific region pursuant to section 2606 of division N of Public Law 117–103, as amended by subsection (a), may only be made available from funds appropriated by this Act under the heading “Foreign Military Financing Program” and available balances from under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided, That such funds may only be made available if the Secretary of State certifies and reports to the appropriate congressional committees, not less than 15 days prior to the obligation of such funds, that such direct loan or loan guarantee is in the national security interest of the United States, is being provided in response to exigent circumstances, is addressing a mutually agreed upon emergency requirement of the recipient country, and the recipient country has a plan to repay such loan: Provided further, That not less than 60 days after the date of enactment of this Act, the Secretary of State shall consult with such committees on the implementation of this subsection.
(c) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 5011. Funds appropriated under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” in this title in this Act may be made available as contributions, following consultation with the Committees on Appropriations.
Sec. 5012. None of the funds appropriated or otherwise made available by this division and division B of this Act, and prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be made available for a contribution, grant, or other payment to the United Nations Relief and Works Agency, notwithstanding any other provision of law.
Sec. 5013. (a) Certification.—The Secretary of State shall certify and report to the appropriate congressional committees not later than March 1, 2024, that—
(1) oversight policies, processes, and procedures have been established by the Department of State and the United States Agency for International Development, as appropriate, and are in use to prevent the diversion, misuse, or destruction of assistance, including through international organizations, to Hamas and other terrorist and extremist entities in Gaza; and
(2) such policies, processes, and procedures have been developed in coordination with other bilateral and multilateral donors and the Government of Israel, as appropriate.
(b) Oversight policy and procedures.—The Secretary of State and the USAID Administrator shall submit to the appropriate congressional committees, concurrent with the submission of the certification required in subsection (a), a written description of the oversight policies, processes, and procedures for funds appropriated by this title that are made available for assistance for Gaza, including specific actions to be taken should such assistance be diverted, misused, or destroyed, and the role of Israel in the oversight of such assistance.
(c) Requirement To inform.—The Secretary of State and USAID Administrator shall promptly inform the appropriate congressional committees of each instance in which funds appropriated by this title that are made available for assistance for Gaza have been diverted, misused, or destroyed, to include the type of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, as appropriate.
(d) Third-Party monitoring.—Funds appropriated by this title shall be made available for third-party monitoring of assistance for Gaza, including end use monitoring, following consultation with the appropriate congressional committees.
(e) Offices of inspectors general.—
(1) DEPARTMENT OF STATE.—Of the funds appropriated by this title under the heading “Office of Inspector General” for the Department of State, $7,000,000 shall be made available for the oversight and monitoring of assistance made available for Gaza by this title and in prior Acts making appropriations for the Department of State, foreign operations, and related programs.
(2) UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.—Of the funds appropriated by this title under the heading “Office of Inspector General” for USAID, $3,000,000 shall be made available for the oversight and monitoring of assistance made available for Gaza by this title and in prior Acts making appropriations for the Department of State, foreign operations, and related programs.
(f) Report.—Not later than 90 days after the initial obligation of funds appropriated by this title that are made available for assistance for Gaza, and every 90 days thereafter until all such funds are expended, the Secretary of State and the USAID Administrator shall jointly submit to the appropriate congressional committees a report detailing the amount and purpose of such assistance provided during each respective quarter, including a description of the specific entity implementing such assistance.
(g) Assessment.—Not later than 90 days after the date of enactment of this Act and every 90 days thereafter until September 30, 2025, the Secretary of State, in consultation with the Director of National Intelligence and other heads of elements of the intelligence community that the Secretary considers relevant, shall submit to the appropriate congressional committees a report assessing whether funds appropriated by this title and made available for assistance for the West Bank and Gaza have been diverted by Hamas or other terrorist and extremist entities in the West Bank and Gaza: Provided, That such report shall include details on the amount and how such funds were made available and used by such entities: Provided further, That such report may be submitted in classified form, if necessary.
(h) Consultation.—Not later than 30 days after the date of enactment of this Act but prior to the initial obligation of funds made available by this title for humanitarian assistance for Gaza, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations on the amount and anticipated uses of such funds.
Sec. 5014. Prior to the initial obligation of funds made available in this title in this Act, the Secretary of State, USAID Administrator, and the Secretary of the Treasury, as appropriate, shall submit to the Committees on Appropriations—
(1) spend plans, as defined in section 7034(s)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328), at the country, account, and program level, for funds appropriated by this Act under the headings “Economic Support Fund”, “Transition Initiatives”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, “Peacekeeping Operations”, “Foreign Military Financing Program”, and “Contribution to the International Development Association”: Provided, That plans submitted pursuant to this paragraph shall include for each program notified—(A) total funding made available for such program, by account and fiscal year; (B) funding that remains unobligated for such program from prior year base or supplemental appropriations; (C) funding that is obligated but unexpended for such program; and (D) funding committed, but not yet notified for such program; and
(2) operating plans, as defined in section 7062 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328), for funds appropriated by this title under the headings “Diplomatic Programs”, “Emergencies in the Diplomatic and Consular Service”, and “Operating Expenses”.