[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8034 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8034
Making emergency supplemental appropriations to respond to the
situation in Israel and for related expenses for the fiscal year ending
September 30, 2024, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2024
Mr. Cole (for himself, Mr. Calvert, and Mr. Diaz-Balart) 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
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations to respond to the
situation in Israel and for related expenses 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 transfers 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 situation in Israel: Provided, That the amount
provided under this heading in this Act may be 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 the government of Israel or identified and notified to Congress for
provision to the government of Israel or to foreign countries that have
provided support to Israel at the request of the United States:
Provided further, That funds transferred pursuant to the preceding
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 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
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 situation in Israel: 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'',
$5,200,000,000, to remain available until September 30, 2026, to
respond to the situation in Israel and for related expenses: Provided,
That of the total amount provided under this heading in this Act,
$4,000,000,000 shall be 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
further, That of the total amount provided under this heading in this
Act, $1,200,000,000 shall be for the Secretary of Defense to provide to
the Government of Israel for the procurement of the Iron Beam defense
system to counter short-range rocket threats: Provided further, That
funds in the preceding provisos 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 in this Act 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 or for
the procurement of the Iron Beam defense system: 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.
Defense Production Act Purchases
For an additional amount for ``Defense Production Act Purchases'',
$198,600,000, 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.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 101. For an additional amount for the Department of Defense,
$2,440,000,000, to remain available until September 30, 2024, for
transfer to military personnel accounts, operation and maintenance
accounts, procurement accounts, research, development, test and
evaluation accounts, and the Defense Working Capital Funds, in addition
to amounts otherwise made available for such purpose, only for U.S.
operations, force protection, deterrence, and the replacement of combat
expenditures in the United States Central Command region: Provided,
That none of the funds provided under this section may be obligated or
expended until 30 days after the Secretary of Defense provides to the
congressional defense committees an execution plan: Provided further,
That not less than 15 days prior to any transfer of funds, the
Secretary of Defense shall notify the congressional defense committees
of the details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for the same
purposes, and for the same time period, as the appropriation to which
transferred: 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
TITLE II
DEPARTMENT OF HOMELAND SECURITY
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, 2025, 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.
TITLE III
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, to respond to the
situation in Israel and areas and countries impacted by the situation
in Israel: Provided, That of the total amount provided under this
heading in this Act, $100,000,000, to remain available until expended,
shall be for Worldwide Security Protection, including to respond to the
situation in Israel and areas impacted by the situation in Israel:
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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$4,000,000 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
office of inspector general
For an additional amount for ``Office of Inspector General'',
$3,000,000, 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.
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 expended, to address
humanitarian needs, including the provision of emergency food and
shelter, of 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.
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 of 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'', $75,000,000, to remain available until September 30,
2025, 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,
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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$10,000,000, to remain available until September 30, 2025, including
for a United States contribution to the Multinational Force and
Observers mission in the Sinai to enhance force protection
capabilities: 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.
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, for assistance for Israel and for related expenses: Provided,
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 in this Act shall, as agreed by the United States and Israel,
be available for advanced weapons systems, of which up to $769,300,000
may be available for the procurement in Israel of defense articles and
defense services: Provided further, That the limitation in the
preceding proviso may be exceeded, if agreed by the United States and
Israel, following consultation with the Committees on Appropriations:
Provided further, That any congressional notification requirement
applicable to funds made available under this heading in this Act for
Israel may be waived if the Secretary of State determines that to do so
is in the national security interest of the United States: 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.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 301. 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. 302. 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. 303. 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. 304. 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. 305. Section 12001 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287) 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''.
(3) In subsection (c), by inserting before the comma in the
first sentence the following: ``, or as far in advance of such
transfer as is practicable as determined by the President on a
case-by-case basis during extraordinary circumstances impacting
the national security of the United States''.
Sec. 306. For 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. 307. (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
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated by this Act under
such headings.
(c) 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.
(d) 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. 308. None of the funds appropriated or otherwise made
available by 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. 309. (a) Certification.--The Secretary of State shall certify
and report to the appropriate congressional committees not later than
fifteen days after the date of enactment of this Act, 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, $4,000,000 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. 310. Prior to the initial obligation of funds made available
in this title in this Act, but not later than 15 days after the date of
enactment of this Act, the Secretary of State 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 ``International Narcotics
Control and Law Enforcement'', ``Peacekeeping Operations'' and
``Foreign Military Financing Program'': 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'' and ``Emergencies in the Diplomatic and
Consular Service''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 402. 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. 403. 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. 404. (a) Not later than 45 days after the date of enactment of
this Act, the Secretary of State, in consultation with the heads of
other relevant Federal agencies, as appropriate, shall brief the
appropriate congressional committees, in classified form, if necessary,
on the status and welfare of hostages being held in Gaza.
(b) For purposes of this section, the term ``appropriate
congressional committees'' means the following:
(1) The Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate.
(2) The Select Committee on Intelligence of the Senate.
(3) The Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
(4) The Permanent Select Committee on Intelligence of the
House of Representatives.
Sec. 405. Funds appropriated by this Act for foreign assistance
(including foreign military sales), for the Department of State, for
broadcasting subject to supervision of United States Agency for Global
Media, and for intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for the purposes
of section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 406. Each amount designated in this Act 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 shall
be available (or repurposed or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 407. 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, and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
spending reduction account
Sec. 408. $0.
This Act may be cited as the ``Israel Security Supplemental
Appropriations Act, 2024''.
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