[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3168 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 232
118th CONGRESS
  1st Session
                                S. 3168

  Making emergency supplemental appropriations for assistance for the 
situation in Israel for the fiscal year ending September 30, 2024, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2023

     Mr. Marshall (for himself, Mr. Vance, Mr. Lee, Mr. Cruz, Mrs. 
   Blackburn, Mr. Johnson, Ms. Lummis, Mr. Tuberville, Mr. Scott of 
  Florida, Mr. Braun, and Mr. Scott of South Carolina) introduced the 
             following bill; which was read the first time

                            October 31, 2023

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  Making emergency supplemental appropriations for assistance for the 
situation 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

                 SUPPLEMENTAL APPROPRIATIONS FOR ISRAEL

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                operation and maintenance, defense-wide

    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 and for related expenses:  
Provided, That amounts made available under this heading shall be 
available for transfer to accounts under the headings ``Operation and 
Maintenance'', ``Procurement'', ``Research, Development, Test, and 
Evaluation'', 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 Israel or to foreign countries that have provided support 
to Israel at the request of the United States:  Provided further, That 
amounts made available under this heading may also be transferred to 
accounts under the heading ``Procurement'' for expansion of public and 
private plants, including the land necessary therefor, and procurement 
and installation of equipment, appliances, and machine tools in such 
plants, for the purpose of increasing production of critical munitions: 
 Provided further, That amounts made available under this heading may 
also be transferred to accounts under the heading ``Procurement'' and 
``Research, Development, Test and Evaluation'' for the acquisition of 
critical defense articles:  Provided further, That funds transferred 
pursuant to a transfer authority provided under this heading 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 amounts may be transferred 
between appropriations made under this heading:  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 in this paragraph is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended:  Provided further, 
That such amounts shall be available only if the President designates 
such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                              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 and for related expenses:  Provided, That 
such amount is designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended:  Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

                       Procurement, Defense-wide

    For an additional amount for ``Procurement, Defense-wide'', 
$4,000,000,000, to remain available until September 30, 2027, 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 Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended:  Provided further, That such amounts 
shall be available only if the President designates such amount as an 
emergency requirement pursuant to section 251(b)(2)(A).

                    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 Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended:  Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

        Research, Development, Test and Evaluation, Defense-wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-wide'', $1,200,000,000, to remain available until 
September 30, 2026, 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 amount is designated by Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended:  Provided 
further, That such amounts shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

                 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, of which $50,000,000 
shall be for responding to the situation in Israel and areas impacted 
by the situation in Israel, and of which $100,000,000 shall be 
available until expended for Worldwide Security Protection to respond 
to the situation in Israel and areas impacted by the situation in 
Israel:  Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended:  Provided 
further, That such amount shall be available only if the President 
designates such amount as an emergency requirement pursuant to section 
251(b)(2)(A).

           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, to meet unforeseen emergencies arising in the diplomatic and 
consular service:  Provided, That such amount is designated by Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:  
Provided further, That such amount shall be available only if the 
President designates such amount as an emergency requirement pursuant 
to section 251(b)(2)(A).

 expanded transfer authority for consular and border security programs

    During fiscal years 2024 and 2025, 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), 
``Embassy Security, Construction, and Maintenance'', and ``Emergencies 
in the Diplomatic and Consular Service'', for emergency evacuations or 
to prevent or respond to security situations and requirements:  
Provided, That any such transfer shall be subject to prior consultation 
with, and the regular notification procedures of, the Committee on 
Appropriations of the Senate and the House of Representatives:  
Provided further, That such transfer authority is in addition to any 
transfer authority otherwise available in this Act and under any other 
provision of law.

                   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, which shall be for responding to the situation in Israel and 
related expenses:  Provided, That funds made available under this 
heading in this Act and Acts making appropriations for the Department 
of State, foreign operations, and related programs for fiscal year 
2024, and prior fiscal years, 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 direct loans made using amounts 
described in the preceding proviso may be made notwithstanding any 
provision of law limiting the interest rate charged to borrowers:  
Provided further, That loan guarantees made using amounts described in 
the second proviso under this heading 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, 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 Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended:  Provided further, That such 
amount shall be available only if the President designates such amount 
as an emergency requirement pursuant to section 251(b)(2)(A).

                                TITLE II

                           GENERAL PROVISIONS

SEC. 201. DRAWDOWN AUTHORITY.

    (a) In General.--Section 506(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2318(a)) is amended by adding at the end the following 
new paragraph:
            ``(4) For fiscal year 2024, in addition to amounts 
        otherwise specified in this section, the President may direct 
        the drawdown of defense articles from the stocks of the 
        Department of Defense, defense services of the Department of 
        Defense, and military education and training, of an aggregate 
        value not to exceed $7,000,000,000, to be provided to 
        Israel.''.
    (b) National Interest.--Section 506(a)(2) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2318(a)(2)) is amended by adding at the end the 
following new subparagraph:
            ``(C) For fiscal year 2024, in addition to amounts 
        otherwise specified in this section, an aggregate value not to 
        exceed $200,000,000 of any such articles, services, and 
        military education and training may be provided to Israel 
        pursuant to subparagraph (A) of this paragraph, not more than 
        $75,000,000 of which may be provided from the drawdown from the 
        inventory and resources of the Department of Defense.''.
    (c) Emergency Transfer of Funds.--Section 552(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2348a(c)) is amended by adding at the 
end the following: ``For fiscal year 2024, in addition to the aggregate 
value of $25,000,000 authorized in the text in paragraph (1) designated 
as paragraph (2) of the sentence preceding the immediately preceding 
sentence, the President may direct the drawdown of commodities and 
services from the inventory and resources of any agency of the United 
States Government for the purposes of providing necessary and immediate 
assistance to Israel of a value not to exceed $25,000,000.''.
    (d) Special Authorities.--Section 614(a)(4) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2364(a)(4)) is amended by adding at 
the end the following new subparagraph:
            ``(D) Notwithstanding the limitations in this subsection 
        and in addition to other amounts in this subsection, in fiscal 
        year 2024, the authority of this subsection may be used to 
        authorize the use of up to $1,000,000,000 of funds made 
        available for use under this chapter or the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.), to be provided to Israel.''.
    (e) Transfer of Funds.--During fiscal year 2024, section 610(a) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2360) shall be applied by 
substituting ``20 per centum'' for ``10 per centum'' and ``40 per 
centum'' for ``20 per centum''.

SEC. 202. DEPARTMENT OF DEFENSE STOCKPILES.

    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 period at the end 
        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 inserting after ``authority of 
        this section'' 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. 203. FISCAL YEAR LIMITS ON NEW STOCKPILES OR ADDITIONS TO EXISTING 
              STOCKPILES LOCATED IN FOREIGN COUNTRIES.

    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. 204. GENERAL AUTHORITIES AND CONDITIONS.

    Unless otherwise provided for by this Act, the additional amounts 
appropriated to appropriations accounts in this Act shall be available 
under the authorities and conditions applicable to such appropriations 
accounts for fiscal year 2024.

SEC. 205. LIMITATIONS.

    None of the amounts appropriated or otherwise made available by 
this Act may be obligated or expended--
            (1) in connection with the war in Ukraine; or
            (2) for assistance to any entity that is--
                    (A) located in the territory of Gaza; or
                    (B) is controlled or influenced by Hamas, 
                Palestinian Islamic Jihad, or any other organization 
                designated by the Secretary of State as a foreign 
                terrorist organization under section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189).

SEC. 206. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to constitute a specific 
statutory authorization for the introduction of United States Armed 
Forces into hostilities or into situations wherein hostilities are 
clearly indicated by the circumstances.

SEC. 207. SHORT TITLE.

    This Act may be cited as the ``Israel Supplemental Appropriations 
Act of 2023''.
                                                       Calendar No. 232

118th CONGRESS

  1st Session

                                S. 3168

_______________________________________________________________________

                                 A BILL

  Making emergency supplemental appropriations for assistance for the 
situation in Israel for the fiscal year ending September 30, 2024, and 
                          for other purposes.

_______________________________________________________________________

                            October 31, 2023

            Read the second time and placed on the calendar