[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6126 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 241
118th CONGRESS
1st Session
H. R. 6126
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2023
Received; read the first time
November 7, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations to respond to the attacks
in Israel for the fiscal year ending September 30, 2024, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2024, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,400,000,000, to remain available until September 30, 2025,
to respond to the attacks in Israel: Provided, That such amounts may
be transferred to accounts under the headings ``Operation and
Maintenance'' and ``Procurement'' for replacement 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 Israel or identified and notified to Congress
for provision to Israel: Provided further, That funds transferred
pursuant to the previous proviso 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 under this heading, such amounts may be
transferred back and merged with this appropriation: Provided further,
That any transfer authority provided under this heading is in addition
to any other transfer authority provided 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, as amended.
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$801,400,000, to remain available until September 30, 2026, to respond
to the attacks in Israel: Provided, 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, as amended.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$10,000,000, to remain available until September 30, 2026, to respond
to the attacks in Israel: Provided, 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, as amended.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$38,600,000, to remain available until September 30, 2026, to respond
to the attacks in Israel: Provided, 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, as amended.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$4,000,000,000, to remain available until September 30, 2026, for the
Secretary of Defense to provide to the Government of Israel for the
procurement of the Iron Dome and David's Sling defense systems to
counter short-range rocket threats: Provided, That such funds shall be
transferred pursuant to an exchange of letters and are in addition to
funds provided pursuant to the U.S.-Israel Iron Dome Procurement
Agreement, as amended: Provided further, That nothing under this
heading shall be construed to apply to amounts made available in prior
appropriations Acts for the procurement of the Iron Dome and David's
Sling defense systems: 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, as amended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Defense-Wide
(including transfers of funds)
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $1,350,000,000, to remain available until
September 30, 2025, to respond to the attacks in Israel, of which
$1,200,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the development of the Iron Beam defense
system to counter short-range rocket threats: Provided, That such
funds shall be transferred pursuant to an exchange of letters:
Provided further, That nothing in the preceding proviso shall be
construed to apply to amounts made available in prior appropriations
Acts for the development of the Iron Beam defense system: Provided
further, That such amounts may be transferred to ``Procurement,
Defense-Wide'' for the production of such system: 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 under this heading, such
amounts may be transferred back and merged with this appropriation:
Provided further, That any transfer authority provided under this
heading is in addition to any other transfer authority provided 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, as amended.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. Section 12001 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287), as amended by Public Law
115-141, is amended as follows:
(1) In paragraph (2) of subsection (a), by striking
``armor'' and all that follows through the end of the paragraph
and inserting ``defense articles that are in the inventory of
the Department of Defense as of the date of transfer, are
intended for use as reserve stocks for Israel, and are located
in a stockpile for Israel as of the date of transfer'';
(2) In subsection (b), by striking ``at least equal to the
fair market value of the items transferred'' and inserting ``in
an amount to be determined by the Secretary of Defense''; and
(3) In subsection (c), by striking ``30'' and inserting
``15'', and by inserting ``Appropriations,'' after ``Committees
on'' in both places it occurs.
Sec. 102. During fiscal year 2024, section 514(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not apply to defense
articles to be set aside, earmarked, reserved, or intended for use as
reserve stocks in stockpiles in the State of Israel.
Sec. 103. Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter through fiscal year 2025, the
Secretary of Defense, in coordination with the Secretary of State,
shall provide a written report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate describing United States security assistance provided to
Israel since the October 7, 2023, terrorist attack on Israel, including
a comprehensive list of the defense articles and services provided to
Israel and the associated authority and funding used to provide such
articles and services: Provided, That such report shall be submitted in
unclassified form, but may be accompanied by a classified annex.
Sec. 104. Concurrent with any notification of assistance made
pursuant to section 506(b)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2318(b)(1)), the Secretary of Defense shall submit a written
notification to the congressional defense committees that contains a
description of the defense articles and defense services to be
furnished, including the quantity, approximate value, and an estimate
of the cost to replace such article or an equivalent capability; and a
timeline for the delivery of such defense articles and defense
services.
TITLE II
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $150,000,000,
to remain available until September 30, 2025, for responding to the
attacks in Israel and areas impacted by the attacks in Israel,
including for crisis response and relocation support for Mission
Israel, of which $100,000,000 shall be available until expended for
Worldwide Security Protection to sustain requirements for Mission
Israel and other United States missions affected by the attacks in
Israel: Provided, 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, as amended.
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 September
30, 2025, for emergency evacuation of United States Government
personnel and citizens in Israel and in countries in the region
impacted by the attacks in Israel: Provided, 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, as amended.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $3,500,000,000, to remain available until September 30,
2025, to respond to the attacks in Israel: Provided, That funds made
available under this heading in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for fiscal year 2024, 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, to the extent that
the Government of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which up to $3,500,000,000 may be available for the
procurement in Israel of defense articles and defense services:
Provided further, That any congressional notification requirement
applicable to funds made available under this heading for Israel may be
waived if a determination is made that extraordinary circumstances
exist that impact the national security of the United States: 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, as amended.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. (a) During fiscal year 2024, and subject to subsection
(b), section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2318(a)(1)) shall be applied by substituting ``$2,500,000,000'' for
``$100,000,000''.
(b) Subsection (a) shall not take effect unless the Secretary of
State determines and reports to the appropriate congressional
committees that the exercise of the authority of such subsection is
necessary to respond to the situation in Israel.
Sec. 202. Not later than 30 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations a report on the proposed uses of funds appropriated by
this title to respond to the situation in Israel: Provided, That such
report shall be updated and submitted to such Committees every 60 days
thereafter until September 30, 2025, and every 180 days thereafter
until all funds have been expended, and shall include information
detailing how estimates and assumptions contained in previous reports
have changed, including obligations and expenditures.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 301. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 302. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 303. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2024.
Sec. 304. Each amount designated in this Act 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, as amended,
shall be available (or rescinded or transferred, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 305. Any amount appropriated by this Act, 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, as amended, and subsequently so designated by the
President, and transferred pursuant to transfer authorities provided by
this Act shall retain such designation.
budgetary offsets
Sec. 306. (a) Rescission of Certain Balances Made Available to the
Internal Revenue Service.--Of the unobligated balances of amounts
appropriated or otherwise made available for activities of the Internal
Revenue Service by paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2),
(3), (4), and (5) of section 10301 of Public Law 117-169 (commonly
known as the ``Inflation Reduction Act of 2022'') as of the date of the
enactment of this Act, $14,300,000,000 are hereby rescinded.
(b) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this section
shall not be estimated--
(1) for purposes of section 251 of such act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
This Act may be cited as the ``Israel Security Supplemental
Appropriations Act, 2024''.
Passed the House of Representatives November 2, 2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.
Calendar No. 241
118th CONGRESS
1st Session
H. R. 6126
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations to respond to the attacks
in Israel for the fiscal year ending September 30, 2024, and for other
purposes.
_______________________________________________________________________
November 7, 2023
Read the second time and placed on the calendar