[Congressional Record Volume 169, Number 201 (Wednesday, December 6, 2023)]
[Senate]
[Pages S5812-S5829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1371. Mrs. MURRAY (for herself and Mr. Schumer) submitted an
amendment intended to be proposed by her to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security and Border
Act, 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--NATIONAL SECURITY SUPPLEMENTAL APPROPRIATIONS ACT, 2024
DIVISION B--BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL
APPROPRIATIONS ACT, 2024
DIVISION C--OTHER MATTERS
Title I--Amending Compacts of Free Associations
Title II--FEND Off Fentanyl Act
Title III--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--NATIONAL SECURITY SUPPLEMENTAL APPROPRIATIONS ACT, 2024
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
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$207,158,000, 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.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $3,538,000, 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.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $23,302,000, 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.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space
Force'', $4,192,000, 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.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $5,191,468,000, 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.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $1,610,244,000, to remain available until September
30, 2024, to
[[Page S5813]]
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, $1,052,486,000 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 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
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.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $898,149,000, 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.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance,
Space Force'', $8,443,000, 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.
Operation and Maintenance, Defense-Wide
(including transfers of funds)
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $32,058,320,000, to remain available until
September 30, 2024, to respond to the situations in Israel
and Ukraine and for related expenses: Provided, That of the
total amount provided under this heading in this Act,
$13,500,000,000, 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 117-328), 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 of the total
amount provided under this heading in this Act, up to
$4,400,000,000, 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 Israel or to
foreign countries that have provided support to Israel at the
request of the United States: 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 funds transferred pursuant to
the preceding two 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'', $6,414,300,000, to remain available until September
30, 2026, to respond to the situations in Israel and Ukraine
and for related expenses: Provided, That of the total amount
provided under this heading in this Act, $801,400,000 shall
be to respond to the situation in Israel and for related
expenses: Provided further, That of the total amount
provided under this heading in this Act, $5,612,900,000 shall
be to respond to the situation in Ukraine 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.
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 Conversion, 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 for the Columbia Class submarine 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, 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'', $2,648,678,000, 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'',
$4,046,780,000, to remain available until September 30, 2026,
to respond to the situations in Israel and Ukraine 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 funds in the preceding proviso shall
be transferred pursuant to an exchange of letters and are in
addition to funds provided pursuant to the U.S.-Israel
[[Page S5814]]
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: Provided further, That of the
total amount provided under this heading in this Act,
$46,780,000 shall be to respond to the situation in Ukraine
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.
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.
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'', $1,394,125,000, to remain
available until September 30, 2025, to respond to the
situations in Israel and Ukraine and for related expenses:
Provided, 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 development of the Iron Beam defense system to
counter short-range rocket threats: Provided further, That
funds in the preceding proviso shall be transferred pursuant
to an exchange of letters: 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
development of the Iron Beam defense system: Provided
further, That of the total amount provided under this heading
in this Act, $194,125,000 shall be to respond to the
situation in Ukraine 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $8,000,000, to remain available until September
30, 2024, which shall be for operation and maintenance, to
carry out reviews of the activities of the Department of
Defense to execute funds appropriated in this Act, including
assistance provided to Ukraine: Provided, That the Inspector
General of the Department of Defense shall provide to the
congressional defense committees a briefing not later than 90
days after the date of enactment of this Act: 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.
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
(including transfers of funds)
Sec. 101. (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 of
the funds made available in this title to the Department of
Defense to respond to the situation in Ukraine and for
related expenses: Provided, That the Secretary shall notify
the Congress promptly of each transfer made pursuant to the
authority in this subsection: Provided further, That such
authority is in addition to any 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 by the Director of National
Intelligence that such action is necessary in the national
interest, the Director may, with the approval of the Office
of Management and Budget, transfer up to $250,000,000 of the
funds made available in this title for the National
Intelligence Program: Provided, That the Director of
National Intelligence shall notify the Congress promptly of
all transfers made pursuant to the authority in this
subsection: Provided further, That such authority is in
addition to any transfer authority otherwise provided by law
and is subject to the same terms and conditions as the
authority provided in section 8093 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.
Sec. 102. Not later than 60 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit a
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 on measures being taken to account
for United States defense articles designated for Ukraine
since the February 24, 2022, Russian invasion of Ukraine,
particularly measures with regard to such articles that
require enhanced end-use monitoring; measures to ensure that
such articles reach their intended recipients and are used
for their intended purposes; and any other measures to
promote accountability for the use of such articles:
Provided, That such report shall include a description of any
occurrences of articles not reaching their intended
recipients or used for their intended purposes and a
description of any remedies taken: Provided further, That
such report shall be submitted in unclassified form, but may
be accompanied by a classified annex.
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 Ukraine since the February 24, 2022,
Russian invasion of Ukraine, including a comprehensive list
of the defense articles and services provided to Ukraine 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.
TITLE II
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'', $98,000,000, to
remain available until expended, for acquisition,
distribution, and equipment for development and production of
medical, stable, and radioactive isotopes: 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.
ATOMIC 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
[[Page S5815]]
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.
GENERAL PROVISION--THIS TITLE
(including transfer of funds)
Sec. 201. (a) Of the unobligated balances from amounts
previously appropriated under the heading ``Department of
Energy--Energy Programs--Nuclear Energy'' in division J of
the Infrastructure Investment and Jobs Act (Public Law 117-
58) that were made available for fiscal years 2022, 2023, and
2024, up to $2,720,000,000 shall be available, in addition to
amounts otherwise made available, for expenses necessary for
at least two competitive awards for the acquisition and
distribution of low-enriched uranium (LEU) and high-assay
low-enriched uranium (HALEU) and other related activities
pursuant to the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.), and section 2001 of the Energy Act of
2020 (42 U.S.C. 16281) to reduce the reliance of the United
States and friendly foreign countries on nuclear fuels from
the Russian Federation and other insecure sources of LEU and
HALEU: Provided, That such amounts may be transferred to
``Department of Energy--Energy Programs--American Energy
Independence Fund'': Provided further, That section 3112 of
the USEC Privatization Act (42 U.S.C. 2297h-10) shall not
apply to the transfer or sale of LEU and HALEU in connection
with activities funded in this section: Provided further,
That the Secretary of Energy may use the amounts repurposed,
transferred, or otherwise made available pursuant to this
section to enter into and perform such contracts, leases,
cooperative agreements, or other similar transactions with
public agencies and private organizations and persons, as
authorized by section 646(a) of the Department of Energy
Organization Act (42 U.S.C. 7256(a)), for such periods of
time and subject to such terms and conditions as the
Secretary deems appropriate, without regard to section 161(u)
of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2201(u)): Provided further, That notwithstanding 31 U.S.C.
3302, receipts from the sale or transfer of LEU and HALEU or
from any other transaction in connection with the amounts
repurposed, transferred, or otherwise made available pursuant
to this section shall be credited to the ``American Energy
Independence Fund'', as discretionary offsetting collections
and shall be available, for the same purposes as funds
repurposed or transferred pursuant to this section, to the
extent and in the amounts provided in advance in
appropriations Acts: Provided further, That receipts may
hereafter be collected from transactions entered into
pursuant to section 2001(a)(2)(F)(iii) of the Energy Act of
2020 (42 U.S.C. 16281(a)(2)(F)(iii)) and, notwithstanding 31
U.S.C. 3302, receipts from any transaction entered into
pursuant to section 2001(a)(2)(F)(ii) and (iii) of such Act
(42 U.S.C. 16281(a)(2)(F)(ii) and (iii)) shall hereafter be
credited to the ``American Energy Independence Fund'', as
discretionary offsetting collections and shall be available,
for the same purposes as funds repurposed or transferred
pursuant to this section, to the extent and in the amounts
provided in advanced in appropriations Acts: Provided
further, That the Secretary of Energy may use funds
repurposed, transferred, or otherwise made available pursuant
to this section for a commitment only if the full extent of
the anticipated costs stemming from that commitment is
recorded as an obligation at the time that the commitment is
made and only to the extent that up-front obligation is
recorded in full at that time: Provided further, That
amounts repurposed or transferred 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 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022, and to legislation establishing fiscal year 2024
budget enforcement in the House of Representatives.
(b) Amounts may not be repurposed or transferred pursuant
to this section until a law is enacted or administrative
action is taken to prohibit or limit importation of LEU and
HALEU from the Russian Federation or by a Russian entity into
the United States.
TITLE III
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'', $20,000,000, to remain
available until expended, 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'', $980,000,000, of which
$200,000,000 shall remain available until September 30, 2024,
and $780,000,000 shall remain available until expended, 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 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 IV
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 PROVISION--THIS TITLE
Sec. 401. 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.
TITLE V
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'',
$210,000,000, to remain available until September 30, 2025,
to respond to the situations in Israel and Ukraine and areas
and countries impacted by the situations in Israel and
Ukraine: 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'', $5,000,000, 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.
[[Page S5816]]
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: 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 areas 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.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $10,000,000, 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: 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 Initiatives'',
$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'',
$11,850,000,000, to remain available until September 30,
2025: Provided, That of the total amount provided under this
heading in this Act, $11,775,000,000 shall be for assistance
for Ukraine, which may include budget support: 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 of the total amount
provided under this heading in this Act, $25,000,000 shall be
for reconciliation programs in the Middle East, including
between Israelis and Palestinians: Provided further, That
funds made available under this heading in this Act may be
made available notwithstanding any other provision of law
that restricts assistance to foreign countries and may be
made available as contributions: 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'', $2,228,000,000, 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 funds
appropriated under this heading in this Act may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries and may be made
available as contributions: 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 State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $4,345,000,000, to remain available until
expended: 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
(including transfer of funds)
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $435,000,000, to remain
available until September 30, 2025: Provided, That of the
total amount provided under this heading in this Act,
$360,000,000 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 countries in the Middle East, including for
assistance for Jordan and Lebanon, including to enhance
partner capacity related to border security and the security
of United States diplomatic facilities, of which $10,000,000
shall be for programs to be administered by the Office of the
United States Security Coordinator for Israel and the
Palestinian Authority (USSC), following consultation with the
Committees on Appropriations: Provided further, That funds
made available in the preceding proviso for programs
administered by the USSC shall be the responsibility of the
Chief of Mission, in consultation with the USSC: 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 the conduct of 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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$10,000,000, to remain available until September 30, 2025,
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'', $7,200,000,000, to remain available until
September 30, 2025: Provided, That of the total amount
provided under this heading in this Act, $3,500,000,000 shall
be for assistance for Israel and for related expenses:
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 in this Act
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 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 of the total amount
provided under this heading in this Act, $1,700,000,000 shall
be to respond to the situation in Ukraine and for countries
impacted by the situation in Ukraine and related expenses:
Provided further, That amounts made available in the
preceding proviso and unobligated balances of amounts made
available 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 of the total amount provided under this heading in this
Act, $2,000,000,000 shall be for assistance for the Indo-
Pacific region: Provided further, That up to $5,000,000 of
any 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.
[[Page S5817]]
INTERNATIONAL ASSISTANCE PROGRAMS
Multilateral Assistance
contribution to the international bank for reconstruction and
development
For an additional amount for ``Contribution to the
International Bank for Reconstruction and Development'',
$1,250,000,000, to remain available until expended:
Provided, That of the total amount provided under this
heading in this Act, $494,375,000 shall be available for the
cost, as defined in section 502 of the Congressional Budget
Act of 1974, of loan guarantees to the International Bank for
Reconstruction and Development, in addition to amounts
otherwise available for such purposes: Provided further,
That of the total amount provided under this heading in this
Act, $755,625,000 shall be for a contribution to the
International Bank for Reconstruction and Development's
Multidonor Trust Fund for Innovative Global Public Goods
Solutions: 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.
contribution to the international development association
For an additional amount for ``Contribution to the
International Development Association'', $750,000,000, 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. 501. 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 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. 502. 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. 503. 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. 504. 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. 505. 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''.
(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. 506. 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. 507. 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 to the Poverty
Reduction and Growth Trust or to the Resilience and
Sustainability Trust of the IMF: 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. 508. 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. 509. (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 heading
``Economic Support Fund'' and under the heading ``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 to enhance
partner capacity may be transferred to, and merged with,
funds appropriated by this Act under the heading
``Peacekeeping Operations'' 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. 510. 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. 511. Prior to the initial obligation of funds made
available in this title in this Act, the Secretary of State,
in coordination with the USAID Administrator and heads of
other relevant Federal agencies, 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 activity 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'',
``Contribution to the International Bank for Reconstruction
and Development'', and ``Contribution to the International
Development Association'': Provided, That such plans
submitted pursuant to this section 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 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''.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 602. 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. 603. 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. 604. 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. 605. 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.
This Act may be cited as the ``National Security
Supplemental Appropriations Act, 2024''.
DIVISION B--BORDER SECURITY AND COMBATTING FENTANYL SUPPLEMENTAL
APPROPRIATIONS ACT, 2024
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:
[[Page S5818]]
TITLE I
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
For an additional amount for ``Executive Office for
Immigration Review'', $1,420,000,000, to remain available
until September 30, 2026: Provided, That of the amounts made
available under this heading in this Act, $1,300,000,000
shall be for new Immigration Judge Teams, including
appropriate attorneys, law clerks, paralegals, court
administrators, and other support staff; $20,000,000 shall be
for information technology improvements and modernization and
other efficiencies, including digitizing records and
providing remote capabilities for proceedings; and
$100,000,000 shall be for grants to provide direct legal
representation for certain individuals and families in
immigration court proceedings: 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.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $11,800,000, to remain available
until September 30, 2026, for necessary expenses of the
Criminal Division associated with the Joint Task Force
Alpha's efforts in counter-drug activities, including
combatting fentanyl, and to combat human trafficking and
smuggling in the Western Hemisphere: 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 Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of
Investigation--Salaries and Expenses'', $204,000,000, to
remain available until September 30, 2026, for expenses
related to the analysis of DNA samples, including those
samples collected from migrants detained by the United States
Border Patrol: 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.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Drug Enforcement
Administration--Salaries and Expenses'', $23,200,000, to
remain available until September 30, 2026, to enhance
laboratory analysis of illicit fentanyl samples to trace
illicit fentanyl supplies back to manufacturers, to support
Operation Overdrive, and to bolster criminal drug network
targeting efforts through data system improvements:
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.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Management Directorate
operations and support
For an additional amount for ``Management Directorate--
Operations and Support'', $61,000,000, to remain available
until September 30, 2024, for necessary expenses relating to
biometric technology services: 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.
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $4,469,372,000, to
remain available until September 30, 2024, of which
$1,909,722,000 shall be for operational requirements relating
to migration surges along the southwest border, including for
soft-sided facilities, consumables, medical care,
transportation, overtime and temporary duty costs, and
contract support; $921,000,000 shall be for expanding border
security operational capacity; $238,650,000 shall be for
counter-drug activities, including combatting fentanyl; and
$1,400,000,000 shall be transferred to ``Federal Emergency
Management Agency--Federal Assistance'' to support sheltering
and related activities provided by non-Federal entities in
support of relieving overcrowding in short-term holding
facilities of U.S. Customs and Border Protection: 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, construction, and improvements
For an additional amount for ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'',
$849,000,000, to remain available until September 30, 2026,
for acquisition and deployment of non-intrusive inspection
technology: 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.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``U.S. Immigration and Customs
Enforcement--Operations and Support'', $2,320,282,000, to
remain available until September 30, 2026, of which
$921,000,000 shall be for the necessary expenses of
responding to migration surges along the southwest border and
related activities; $78,000,000 shall be for counter-drug
activities, including combatting fentanyl; and $1,321,282,000
shall be for expanding border security and enforcement
operational capacity: 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, construction, and improvements
For an additional amount for ``U.S. Immigration and Customs
Enforcement--Procurement, Construction, and Improvements'',
$32,500,000, to remain available until September 30, 2028,
for the necessary expenses of construction and facility
improvements related to existing owned and leased facilities:
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, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For an additional amount for ``U.S. Citizenship and
Immigration Services--Operations and Support'', $755,000,000,
to remain available until September 30, 2025, for the
necessary expenses of backlog reduction and support of the
asylum and work authorization programs: Provided, That such
amounts shall be in addition to any other amounts made
available for such purposes, and shall not be construed to
require any reduction of any fee describe in section 286(m)
of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
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.
Science and Technology Directorate
research and development
For an additional amount for ``Science and Technology
Directorate--Research and Development'', $13,846,000, to
remain available until September 30, 2025, for the necessary
expenses of activities related to counter-drug activities,
including combatting fentanyl: 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.
TITLE III
DEPARTMENT OF LABOR
Wage and Hour Division
salaries and expenses
For an additional amount for ``Wage and Hour Division--
Salaries and Expenses'', $50,000,000, 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.
Departmental Management
salaries and expenses
For an additional amount for ``Departmental Management--
Salaries and Expenses'', $50,000,000, 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.
TITLE IV
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'',
$50,000,000, to remain available until September 30, 2025, to
address irregular migration within the Western Hemisphere and
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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
economic support fund
For an additional amount for ``Economic Support Fund'',
$400,000,000, to remain available until September 30, 2025,
to address irregular migration within the Western Hemisphere:
Provided, That funds appropriated under this heading in this
Act may be made
[[Page S5819]]
available notwithstanding any other provision of law that
restricts assistance to foreign countries and may be made
available as contributions: 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 V
GENERAL PROVISIONS--THIS ACT
Sec. 501. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 502. 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. 503. 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. 504. 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. 505. 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.
This Act may be cited as the ``Border Security and
Combatting Fentanyl Supplemental Appropriations Act, 2024''.
DIVISION C--OTHER MATTERS
TITLE I--AMENDING COMPACTS OF FREE ASSOCIATION
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Compact of Free
Association Amendments Act of 2023''.
SEC. 2002. FINDINGS.
Congress finds the following:
(1) The United States (in accordance with the Trusteeship
Agreement for the Trust Territory of the Pacific Islands, the
United Nations Charter, and the objectives of the
international trusteeship system of the United Nations)
fulfilled its obligations to promote the development of the
people of the Trust Territory toward self-government or
independence, as appropriate, to the particular circumstances
of the Trust Territory and the people of the Trust Territory
and the freely expressed wishes of the people concerned.
(2) The United States, the Federated States of Micronesia,
and the Republic of the Marshall Islands entered into the
Compact of Free Association set forth in section 201 of the
Compact of Free Association Act of 1985 (48 U.S.C. 1901 note;
Public Law 99-239) and the United States and the Republic of
Palau entered into the Compact of Free Association set forth
in section 201 of Public Law 99-658 (48 U.S.C. 1931 note) to
create and maintain a close and mutually beneficial
relationship.
(3) The ``Compact of Free Association, as amended, between
the Government of the United States of America and the
Government of the Federated States of Micronesia'', the
``Compact of Free Association, as amended, between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands'', and related
agreements were signed by the Government of the United States
and the Governments of the Federated States of Micronesia and
the Republic of the Marshall Islands and approved, as
applicable, by section 201 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108-
188).
(4) The ``Agreement between the Government of the United
States of America and the Government of the Republic of Palau
Following the Compact of Free Association Section 432
Review'', was signed by the Government of the United States
and the Government of the Republic of Palau on September 3,
2010, and amended on September 19, 2018.
(5) On May 22, 2023, the United States signed the
``Agreement between the Government of the United States of
America and the Government of the Republic of Palau Resulting
From the 2023 Compact of Free Association Section 432
Review''.
(6) On May 23, 2023, the United States signed 3 agreements
related to the U.S.-FSM Compact of Free Association,
including an Agreement to Amend the Compact, as amended, a
new fiscal procedures agreement, and a new trust fund
agreement and on September 28, 2023, the United States signed
a Federal Programs and Services agreement related to the
U.S.-FSM Compact of Free Association.
(7) On October 16, 2023, the United States signed 3
agreements relating to the U.S.-RMI Compact of Free
Association, including an Agreement to Amend the Compact, as
amended, a new fiscal procedures agreement, and a new trust
fund agreement.
SEC. 2003. DEFINITIONS.
In this title:
(1) 1986 compact.--The term ``1986 Compact'' means the
Compact of Free Association between the Government of the
United States and the Governments of the Marshall Islands and
the Federated States of Micronesia set forth in section 201
of the Compact of Free Association Act of 1985 (48 U.S.C.
1901 note; Public Law 99-239).
(2) 2003 amended u.s.-fsm compact.--The term ``2003 Amended
U.S.-FSM Compact'' means the Compact of Free Association
amending the 1986 Compact entitled the ``Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Federated States
of Micronesia'' set forth in section 201(a) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188).
(3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended
U.S.-RMI Compact'' means the Compact of Free Association
amending the 1986 Compact entitled ``Compact of Free
Association, as amended, between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands'' set forth in section 201(b) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C. 1921
note; Public Law 108-188).
(4) 2023 agreement to amend the u.s.-fsm compact.--The term
``2023 Agreement to Amend the U.S.-FSM Compact'' means the
Agreement between the Government of the United States of
America and the Government of the Federated States of
Micronesia to Amend the Compact of Free Association, as
Amended, done at Palikir May 23, 2023.
(5) 2023 agreement to amend the u.s.-rmi compact.--The term
``2023 Agreement to Amend the U.S.-RMI Compact'' means the
Agreement between the Government of the United States of
America and the Government of the Republic of the Marshall
Islands to Amend the Compact of Free Association, as Amended,
done at Honolulu October 16, 2023.
(6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended
U.S.-FSM Compact'' means the 2003 Amended U.S.-FSM Compact,
as amended by the 2023 Agreement to Amend the U.S.-FSM
Compact.
(7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended
U.S.-RMI Compact'' means the 2003 Amended U.S.-RMI Compact,
as amended by the 2023 Agreement to Amend the U.S.-RMI
Compact.
(8) 2023 u.s.-fsm federal programs and services
agreement.--The term ``2023 U.S.-FSM Federal Programs and
Services Agreement'' means the 2023 Federal Programs and
Services Agreement between the Government of the United
States of America and the Government of the Federated States
of Micronesia, done at Washington September 28, 2023.
(9) 2023 u.s.-fsm fiscal procedures agreement.--The term
``2023 U.S.-FSM Fiscal Procedures Agreement'' means the
Agreement Concerning Procedures for the Implementation of
United States Economic Assistance provided in the 2023
Amended U.S.-FSM Compact between the Government of the United
States of America and the Government of the Federated States
of Micronesia, done at Palikir May 23, 2023.
(10) 2023 u.s.-fsm trust fund agreement.--The term ``2023
U.S.-FSM Trust Fund Agreement'' means the Agreement between
the Government of the United States of America and the
Government of the Federated States of Micronesia Regarding
the Compact Trust Fund, done at Palikir May 23, 2023.
(11) 2023 u.s.-palau compact review agreement.--The term
``2023 U.S.-Palau Compact Review Agreement'' means the
Agreement between the Government of the United States of
America and the Government of the Republic of Palau Resulting
From the 2023 Compact of Free Association Section 432 Review,
done at Port Moresby May 22, 2023.
(12) 2023 u.s.-rmi fiscal procedures agreement.--The term
``2023 U.S.-RMI Fiscal Procedures Agreement'' means the
Agreement Concerning Procedures for the Implementation of
United States Economic Assistance Provided in the 2023
Amended Compact Between the Government of the United States
of America and the Government of the Republic of the Marshall
Islands, done at Honolulu October 16, 2023.
(13) 2023 u.s.-rmi trust fund agreement.--The term ``2023
U.S.-RMI Trust Fund Agreement'' means the Agreement between
the Government of the United States of America and the
Government of the Republic of the Marshall Islands Regarding
the Compact Trust Fund, done at Honolulu October 16, 2023.
(14) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Natural Resources of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(15) Freely associated states.--The term ``Freely
Associated States'' means--
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(16) Subsidiary agreement.--The term ``subsidiary
agreement'' means any of the following:
(A) The 2023 U.S.-FSM Federal Programs and Services
Agreement.
(B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
[[Page S5820]]
(C) The 2023 U.S.-FSM Trust Fund Agreement.
(D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
(E) The 2023 U.S.-RMI Trust Fund Agreement.
(F) Any Federal Programs and Services Agreement in force
between the United States and the Republic of the Marshall
Islands.
(G) Any Federal Programs and Services Agreement in force
between the United States and the Republic of Palau.
(H) Any other agreement that the United States may from
time-to-time enter into with the Government of the Federated
States of Micronesia, the Government of the Republic of
Palau, or the Government of the Republic of the Marshall
Islands, in accordance with--
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 U.S.-Palau Compact Review Agreement; or
(iii) the 2023 Amended U.S.-RMI Compact.
(17) U.S.-palau compact.--The term ``U.S.-Palau Compact''
means the Compact of Free Association between the United
States and the Government of Palau set forth in section 201
of Public Law 99-658 (48 U.S.C. 1931 note).
SEC. 2004. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM
COMPACT, 2023 AGREEMENT TO AMEND THE U.S.-RMI
COMPACT, 2023 U.S.-PALAU COMPACT REVIEW
AGREEMENT, AND SUBSIDIARY AGREEMENTS.
(a) Federated States of Micronesia.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-FSM
Compact and the 2023 U.S.-FSM Trust Fund Agreement, as
submitted to Congress on June 15, 2023, are approved and
incorporated by reference.
(2) Consent of congress.--Congress consents to--
(A) the 2023 U.S.-FSM Fiscal Procedures Agreement, as
submitted to Congress on June 15, 2023; and
(B) the 2023 U.S.-FSM Federal Programs and Services
Agreement.
(3) Authority of president.--Notwithstanding section 101(f)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921(f)), the President is authorized to bring into
force and implement the agreements described in paragraphs
(1) and (2).
(b) Republic of the Marshall Islands.--
(1) Approval.--The 2023 Agreement to Amend the U.S.-RMI
Compact and the 2023 U.S.-RMI Trust Fund Agreement, as
submitted to Congress on October 17, 2023, are approved and
incorporated by reference.
(2) Consent of congress.--Congress consents to the 2023
U.S.-RMI Fiscal Procedures Agreement, as submitted to
Congress on October 17, 2023.
(3) Authority of president.--Notwithstanding section 101(f)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921(f)), the President is authorized to bring into
force and implement the agreements described in paragraphs
(1) and (2).
(c) Republic of Palau.--
(1) Approval.--The 2023 U.S.-Palau Compact Review
Agreement, as submitted to Congress on June 15, 2023, is
approved.
(2) Authority of president.--The President is authorized to
bring into force and implement the 2023 U.S.-Palau Compact
Review Agreement.
(d) Amendments, Changes, or Termination to Compacts and
Certain Agreements.--
(1) In general.--Any amendment to, change to, or
termination of all or any part of the 2023 Amended U.S.-FSM
Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau
Compact, by mutual agreement or unilateral action of the
Government of the United States, shall not enter into force
until the date on which Congress has incorporated the
applicable amendment, change, or termination into an Act of
Congress.
(2) Additional actions and agreements.--In addition to the
Compacts described in paragraph (1), the requirements of that
paragraph shall apply to--
(A) any action of the Government of the United States under
the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI
Compact, or U.S.-Palau Compact, including an action taken
pursuant to section 431, 441, or 442 of the 2023 Amended
U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-
Palau Compact;
(B) any amendment to, change to, or termination of--
(i) the agreement described in section 462(a)(2) of the
2023 Amended U.S.-FSM Compact;
(ii) the agreement described in section 462(a)(5) of the
2023 Amended U.S.-RMI Compact;
(iii) an agreement concluded pursuant to section 265 of the
2023 Amended U.S.-FSM Compact;
(iv) an agreement concluded pursuant to section 265 of the
2023 Amended U.S.-RMI Compact;
(v) an agreement concluded pursuant to section 177 of the
2023 Amended U-S.-RMI Compact;
(vi) Articles III and IV of the agreement described in
section 462(b)(6) of the 2023 Amended U.S.-FSM Compact;
(vii) Articles III, IV, and X of the agreement described in
section 462(b)(6) of the 2023 Amended U.S.-RMI Compact;
(viii) the agreement described in section 462(h) of the
U.S.-Palau Compact; and
(ix) Articles VI, XV, and XVII of the agreement described
in section 462(b)(7) of the 2023 Amended U.S.-FSM Compact and
2023 Amended U.S.-RMI Compact and section 462(i) of the U.S.-
Palau Compact.
(e) Entry Into Force of Future Amendments to Subsidiary
Agreements.--An agreement between the United States and the
Government of the Federated States of Micronesia, the
Government of the Republic of the Marshall Islands, or the
Government of the Republic of Palau that would amend, change,
or terminate any subsidiary agreement or portion of a
subsidiary agreement (other than an amendment to, change to,
or termination of an agreement described in subsection (d))
shall not enter into force until the date that is 90 days
after the date on which the President has transmitted to the
President of the Senate and the Speaker of the House of
Representatives--
(1) the agreement to amend, change, or terminate the
subsidiary agreement;
(2) an explanation of the amendment, change, or
termination;
(3) a description of the reasons for the amendment, change,
or termination; and
(4) in the case of an agreement that would amend, change,
or terminate any agreement described in section 462(b)(3) of
the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-
RMI Compact, a statement by the Secretary of Labor that
describes--
(A) the necessity of the amendment, change, or termination;
and
(B) any impacts of the amendment, change, or termination.
SEC. 2005. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the
2023 Amended U.S.-FSM Compact, the United States shall
provide nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal
inspection of illicit drugs and other contraband, to enable
the Government of the Federated States of Micronesia--
(A) to develop and adequately enforce laws of the Federated
States of Micronesia; and
(B) to cooperate with the United States in the enforcement
of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant
to subsection (j) of section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) (as
amended by section 2009(j)) may be used in accordance with
section 102(a) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921a(a)).
(b) United States Appointees to Joint Economic Management
Committee.--
(1) In general.--The 3 United States appointees (which are
composed of the United States chair and 2 other members from
the Government of the United States) to the Joint Economic
Management Committee established under section 213 of the
2023 Amended U.S.-FSM Compact (referred to in this subsection
as the ``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of State,
in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary of the
Interior, in consultation with the Secretary of the Treasury.
(C) 1 member shall be appointed by the Interagency Group on
Freely Associated States established under section
2008(d)(1).
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 United States members
of the Committee appointed under paragraph (2) shall be
individuals who--
(A) by reason of knowledge, experience, or training, are
especially qualified in accounting, auditing, budget
analysis, compliance, grant administration, program
management, or international economics; and
(B) possess not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance, grant
administration, program management, or international
economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United States member of the Committee under
paragraph (2), the Secretary of the Interior shall notify the
appropriate committees of Congress that an individual has
been appointed as a voting member of the Committee under that
paragraph, including a statement prepared by the Secretary of
the Interior attesting to the qualifications of the member
described in paragraph (4), subject to subparagraph (B).
(B) Requirement.--For purposes of a statement required
under subparagraph (A)--
(i) in the case of a member appointed under paragraph
(2)(A), the Secretary of the Interior shall compile
information on the member provided to the Secretary of the
Interior by the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph
(2)(C), the Secretary of the Interior shall compile
information on the member provided to the Secretary of the
Interior by the Interagency Group on Freely Associated States
established under section
[[Page S5821]]
2008(d)(1) on request of the Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-FSM Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Federated States of
Micronesia submits to the Committee a report required under
the 2023 Amended U.S.-FSM Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(c) United States Appointees to Joint Trust Fund
Committee.--
(1) In general.--The 3 United States voting members (which
are composed of the United States chair and 2 other members
from the Government of the United States) to the Joint Trust
Fund Committee established pursuant to the agreement
described in section 462(b)(5) of the 2023 Amended U.S.-FSM
Compact (referred to in this subsection as the ``Committee'')
shall continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term not more than 2 years as follows:
(A) 1 member shall be appointed by the Secretary of State.
(B) 1 member shall be appointed by the Secretary of the
Interior.
(C) 1 member shall be appointed by the Secretary of the
Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who--
(A) by reason of knowledge, experience, or training, are
especially qualified in accounting, auditing, budget
analysis, compliance, financial investment, grant
administration, program management, or international
economics; and
(B) possess not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance,
financial investment, grant administration, program
management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United States member to the Committee under
paragraph (2), the Secretary of the Interior shall notify the
appropriate committees of Congress that an individual has
been appointed as a voting member of the Committee under that
paragraph, including a statement attesting to the
qualifications of the member described in paragraph (4),
subject to subparagraph (B).
(B) Requirement.--For purposes of a statement required
under subparagraph (A)--
(i) in the case of a member appointed under paragraph
(2)(A), the Secretary of the Interior shall compile
information on the member provided to the Secretary of the
Interior by the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph
(2)(C), the Secretary of the Interior shall compile
information on the member provided to the Secretary of the
Interior by the Secretary of the Treasury on request of the
Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-FSM Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Federated States of
Micronesia submits to the Committee a report required under
the 2023 Amended U.S.-FSM Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
SEC. 2006. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO
THE REPUBLIC OF THE MARSHALL ISLANDS.
(a) Law Enforcement Assistance.--
(1) In general.--Pursuant to sections 222 and 224 of the
2023 Amended U.S.-RMI Compact, the United States shall
provide nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal
inspection of illicit drugs and other contraband, to enable
the Government of the Republic of the Marshall Islands--
(A) to develop and adequately enforce laws of the Marshall
Islands; and
(B) to cooperate with the United States in the enforcement
of criminal laws of the United States.
(2) Use of appropriated funds.--Funds appropriated pursuant
to subsection (j) of section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) (as
amended by section 2009(j)) may be used in accordance with
section 103(a) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921b(a)).
(b) Espousal Provisions.--
(1) In general.--Congress reaffirms that--
(A) section 103(g)(1) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(g)(1)) and section 103(e)(1) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(e)(1)) provided that ``It is the intention of
the Congress of the United States that the provisions of
section 177 of the Compact of Free Association and the
Agreement between the Government of the United States and the
Government of the Marshall Islands for the Implementation of
Section 177 of the Compact (hereafter in this subsection
referred to as the `Section 177 Agreement') constitute a full
and final settlement of all claims described in Articles X
and XI of the Section 177 Agreement, and that any such claims
be terminated and barred except insofar as provided for in
the Section 177 Agreement.''; and
(B) section 103(g)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(g)(2)) and section 103(e)(2) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(e)(2)) provided that ``In furtherance of the
intention of Congress as stated in paragraph (1) of this
subsection, the Section 177 Agreement is hereby ratified and
approved. It is the explicit understanding and intent of
Congress that the jurisdictional limitations set forth in
Article XII of such Agreement are enacted solely and
exclusively to accomplish the objective of Article X of such
Agreement and only as a clarification of the effect of
Article X, and are not to be construed or implemented
separately from Article X.''.
(2) Effect.--Nothing in the 2023 Agreement to Amend the
U.S.-RMI Compact affects the application of the provisions of
law reaffirmed by paragraph (1).
(c) Certain Section 177 Agreement Provisions.--Congress
reaffirms that--
(1) Article IX of the Agreement Between the Government of
the United States and the Government of the Marshall Islands
for the Implementation of Section 177 of the Compact of Free
Association, done at Majuro June 25, 1983, provided that ``If
loss or damage to property and person of the citizens of the
Marshall Islands, resulting from the Nuclear Testing Program,
arises or is discovered after the effective date of this
Agreement, and such injuries were not and could not
reasonably have been identified as of the effective date of
this Agreement, and if such injuries render the provisions of
this Agreement manifestly inadequate, the Government of the
Marshall Islands may request that the Government of the
United States provide for such injuries by submitting such a
request to the Congress of the United States for its
consideration. It is understood that this Article does not
commit the Congress of the United States to authorize and
appropriate funds.''; and
(2) section 3(a) of Article XIII of the agreement described
in paragraph (1) provided that ``The Government of the United
States and the Government of the Marshall Islands shall
consult at the request of either of them on matters relating
to the provisions of this Agreement.''.
(d) United States Appointees to Joint Economic Management
and Financial Accountability Committee.--
(1) In general.--The 2 United States appointees (which are
composed of the United States chair and 1 other member from
the Government of the United States) to the Joint Economic
Management and Financial Accountability Committee established
under section 214 of the 2003 Amended U.S.-RMI Compact
(referred to in this subsection as the ``Committee'') shall--
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 2 United States members of the
Committee described in paragraph (1) shall be appointed for a
term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary of State,
in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary of the
Interior, in consultation with the Secretary of the Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--At least 1 United States member of the
Committee appointed under paragraph (2) shall be an
individual who--
(A) by reason of knowledge, experience, or training, is
especially qualified in accounting, auditing, budget
analysis, compliance, grant administration, program
management, or international economics; and
(B) possesses not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance, grant
administration, program management, or international
economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United
[[Page S5822]]
States member under paragraph (2), the Secretary of the
Interior shall notify the appropriate committees of Congress
that an individual has been appointed as a voting member of
the Committee under that paragraph, including a statement
attesting to the qualifications of the member described in
paragraph (4), subject to subparagraph (B).
(B) Requirement.--For purposes of a statement required
under subparagraph (A), in the case of a member appointed
under paragraph (2)(A), the Secretary of the Interior shall
compile information on the member provided to the Secretary
of the Interior by the Secretary of State on request of the
Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-RMI Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of the Marshall
Islands submits to the Committee a report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(e) United States Appointees to Trust Fund Committee.--
(1) In general.--The 3 United States voting members (which
are composed of the United States chair and 2 other members
from the Government of the United States) to the Trust Fund
Committee established pursuant to the agreement described in
section 462(b)(5) of the 2003 Amended U.S.-RMI Compact
(referred to in this subsection as the ``Committee'') shall
continue to be officers or employees of the Federal
Government.
(2) Term; appointment.--The 3 United States members of the
Committee described in paragraph (1) shall be appointed for a
term not more than 5 years as follows:
(A) 1 member shall be appointed by the Secretary of State.
(B) 1 member shall be appointed by the Secretary of the
Interior.
(C) 1 member shall be appointed by the Secretary of the
Treasury.
(3) Reappointment.--A United States member of the Committee
appointed under paragraph (2) may be reappointed for not more
than 2 additional 2-year terms.
(4) Qualifications.--Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who--
(A) by reason of knowledge, experience, or training, are
especially qualified in accounting, auditing, budget
analysis, compliance, financial investment, grant
administration, program management, or international
economics; and
(B) possess not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance,
financial investment, grant administration, program
management, or international economics.
(5) Notice.--
(A) In general.--Not later than 90 days after the date of
appointment of a United States Member under paragraph (2),
the Secretary of the Interior shall notify the appropriate
committees of Congress that an individual has been appointed
as a voting member of the Committee under that paragraph,
including a statement attesting to the qualifications of the
appointee described in paragraph (4), subject to subparagraph
(B).
(B) Requirement.--For purposes of a statement required
under subparagraph (A)--
(i) in the case of a member appointed under paragraph
(2)(A), the Secretary of the Interior shall compile
information on the member provided to the Secretary of the
Interior by the Secretary of State on request of the
Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph
(2)(C), the Secretary of the Interior shall compile
information on the member provided to the Secretary of the
Interior by the Secretary of the Treasury on request of the
Secretary of the Interior.
(6) Reports to congress.--Not later than 90 days after the
date on which the Committee receives or completes any report
required under the 2023 Amended U.S.-RMI Compact, or any
related subsidiary agreement, the Secretary of the Interior
shall submit the report to the appropriate committees of
Congress.
(7) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of the Marshall
Islands submits to the Committee a report required under the
2023 Amended U.S.-RMI Compact, or any related subsidiary
agreement, the Secretary of the Interior shall submit to the
appropriate committees of Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(f) Four Atoll Health Care Program.--Congress reaffirms
that--
(1) section 103(j)(1) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(h)(1)) provided that services ``provided by the
United States Public Health Service or any other United
States agency pursuant to section 1(a) of Article II of the
Agreement for the Implementation of Section 177 of the
Compact (hereafter in this subsection referred to as the
`Section 177 Agreement') shall be only for services to the
people of the Atolls of Bikini, Enewetak, Rongelap, and Utrik
who were affected by the consequences of the United States
nuclear testing program, pursuant to the program described in
Public Law 95-134 and Public Law 96-205 and their descendants
(and any other persons identified as having been so affected
if such identification occurs in the manner described in such
public laws). Nothing in this subsection shall be construed
as prejudicial to the views or policies of the Government of
the Marshall Islands as to the persons affected by the
consequences of the United States nuclear testing program.'';
(2) section 103(j)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(2)) and section 103(h)(2) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(h)(2)) provided that ``at the end of the first
year after the effective date of the Compact and at the end
of each year thereafter, the providing agency or agencies
shall return to the Government of the Marshall Islands any
unexpended funds to be returned to the Fund Manager (as
described in Article I of the Section 177 Agreement) to be
covered into the Fund to be available for future use.''; and
(3) section 103(j)(3) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(3)) and section 103(h)(3) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(h)(3)) provided that ``the Fund Manager shall
retain the funds returned by the Government of the Marshall
Islands pursuant to paragraph (2) of this subsection, shall
invest and manage such funds, and at the end of 15 years
after the effective date of the Compact, shall make from the
total amount so retained and the proceeds thereof annual
disbursements sufficient to continue to make payments for the
provision of health services as specified in paragraph (1) of
this subsection to such extent as may be provided in
contracts between the Government of the Marshall Islands and
appropriate United States providers of such health
services.''.
(g) Radiological Health Care Program.--Notwithstanding any
other provision of law, on the request of the Government of
the Republic of the Marshall Islands, the President (through
an appropriate department or agency of the United States)
shall continue to provide special medical care and logistical
support for the remaining members of the population of
Rongelap and Utrik who were exposed to radiation resulting
from the 1954 United States thermonuclear ``Bravo'' test,
pursuant to Public Law 95-134 (91 Stat. 1159) and Public Law
96-205 (94 Stat. 84).
(h) Agricultural and Food Programs.--
(1) In general.--Congress reaffirms that--
(A) section 103(h)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(A)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(f)(2)(A)) provided that notwithstanding ``any
other provision of law, upon the request of the Government of
the Marshall Islands, for the first fifteen years after the
effective date of the Compact, the President (either through
an appropriate department or agency of the United States or
by contract with a United States firm or by a grant to the
Government of the Republic of the Marshall Islands which may
further contract only with a United States firm or a Republic
of the Marshall Islands firm, the owners, officers and
majority of the employees of which are citizens of the United
States or the Republic of the Marshall Islands) shall provide
technical and other assistance without reimbursement, to
continue the planting and agricultural maintenance program on
Enewetak; without reimbursement, to continue the food
programs of the Bikini, Rongelap, Utrik, and Enewetak people
described in section 1(d) of Article II of the Subsidiary
Agreement for the Implementation of Section 177 of the
Compact and for continued waterborne transportation of
agricultural products to Enewetak including operations and
maintenance of the vessel used for such purposes.'';
(B) section 103(h)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(B)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(f)(2)(B)) provided that ``The President shall
ensure the assistance provided under these programs reflects
the changes in the population since the inception of such
programs.''; and
(C) section 103(h)(3) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(h)(3)) and section 103(f)(3) of
the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(f)(3)) provided that ``payments under this
subsection shall be provided to such extent or in such
amounts as are necessary for services and other assistance
provided pursuant to this subsection. It is the sense of
Congress that after the periods of time specified in
paragraphs (1) and (2) of this subsection, consideration will
be given to such additional funding for these programs as may
be necessary.''.
(2) Planting and agricultural maintenance program.--The
Secretary of the Interior may provide grants to the
Government of the Republic of the Marshall Islands to
[[Page S5823]]
carry out a planting and agricultural maintenance program on
Bikini, Enewetak, Rongelap, and Utrik.
(3) Food programs.--The Secretary of Agriculture may
provide, without reimbursement, food programs to the people
of the Republic of the Marshall Islands.
SEC. 2007. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO
THE REPUBLIC OF PALAU.
(a) Bilateral Economic Consultations.--United States
participation in the annual economic consultations referred
to in Article 8 of the 2023 U.S.-Palau Compact Review
Agreement shall be by officers or employees of the Federal
Government.
(b) Economic Advisory Group.--
(1) Qualifications.--A member of the Economic Advisory
Group described in Article 7 of the 2023 U.S.-Palau Compact
Review Agreement (referred to in this subsection as the
``Advisory Group'') who is appointed by the Secretary of the
Interior shall be an individual who, by reason of knowledge,
experience, or training, is especially qualified in private
sector business development, economic development, or
national development.
(2) Funds.--With respect to the Advisory Group, the
Secretary of the Interior may use available funds for--
(A) the costs of the 2 members of the Advisory Group
designated by the United States in accordance with Article 7
of the 2023 U.S.-Palau Compact Review Agreement;
(B) 50 percent of the costs of the 5th member of the
Advisory Group designated by the Secretary of the Interior in
accordance with the Article described in subparagraph (A);
and
(C) the costs of--
(i) technical and administrative assistance for the
Advisory Group; and
(ii) other support necessary for the Advisory Group to
accomplish the purpose of the Advisory Group.
(3) Reports to congress.--Not later than 90 days after the
date on which the Advisory Group receives or completes any
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after the date on
which the Government of the Republic of Palau completes any
report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(2) Notice to congress.--Not later than 90 days after the
date on which the Government of the Republic of Palau submits
a report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit to the appropriate committees of
Congress--
(A) if the report is submitted by the applicable deadline,
written notice attesting that the report is complete and
accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
SEC. 2008. OVERSIGHT PROVISIONS.
(a) Authorities and Duties of the Comptroller General of
the United States.--
(1) In general.--The Comptroller General of the United
States (including any duly authorized representative of the
Comptroller General of the United States) shall have the
authorities necessary to carry out the responsibilities of
the Comptroller General of the United States under--
(A) the 2023 Amended U.S.-FSM Compact and related
subsidiary agreements, including the authorities and
privileges described in section 102(b) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921a(b));
(B) the 2023 Amended U.S.-RMI Compact and related
subsidiary agreements, including the authorities and
privileges described in section 103(k) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(k)); and
(C) the 2023 U.S.-Palau Compact Review Agreement, related
subsidiary agreements, and the authorities described in
appendix D of the ``Agreement between the Government of the
United States of America and the Government of the Republic
of Palau Following the Compact of Free Association Section
432 Review'' signed by the United States and the Republic of
Palau on September 3, 2010.
(2) Reports.--Not later than 18 months after the date of
the enactment of this Act, and every 4 years thereafter, the
Comptroller General of the United States shall submit to the
appropriate committees of Congress a report with respect to
the Freely Associated States, including addressing--
(A) the topics described in subparagraphs (A) through (E)
of section 104(h)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921c(h)(1)), except that
for purposes of a report submitted under this paragraph, the
report shall address those topics with respect to each of the
Freely Associated States; and
(B) the effectiveness of administrative oversight by the
United States of the Freely Associated States.
(b) Secretary of the Interior Oversight Authority.--The
Secretary of the Interior shall have the authority necessary
to fulfill the responsibilities for monitoring and managing
the funds appropriated to the Compact of Free Association
account of the Department of the Interior by section 2011(a)
to carry out--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; and
(4) subsidiary agreements.
(c) Postmaster General Oversight Authority.--The Postmaster
General shall have the authority necessary to fulfill the
responsibilities for monitoring and managing the funds
appropriated to the United States Postal Service under
paragraph (1) of section 2011(b) and deposited in the Postal
Service Fund under paragraph (2)(A) of that section to carry
out--
(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(3) section 221(a)(2) of the U.S.-Palau Compact; and
(4) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(d) Interagency Group on Freely Associated States.--
(1) Establishment.--The President, in consultation with the
Secretary of State, the Secretary of the Interior, and the
Secretary of Defense, shall establish an Interagency Group on
Freely Associated States (referred to in this subsection as
the ``Interagency Group'').
(2) Purpose.--The purposes of the Interagency Group are--
(A) to coordinate development and implementation of
executive branch policies, programs, services, and other
activities in or relating to the Freely Associated States;
and
(B) to provide policy guidance, recommendations, and
oversight to Federal agencies, departments, and
instrumentalities with respect to the implementation of--
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 Amended U.S.-RMI Compact; and
(iii) the 2023 U.S.-Palau Compact Review Agreement.
(3) Membership.--The Interagency Group shall consist of--
(A) the Secretary of State, who shall serve as co-chair of
the Interagency Group;
(B) the Secretary of the Interior, who shall serve as co-
chair of the Interagency Group;
(C) the Secretary of Defense;
(D) the Secretary of the Treasury;
(E) the heads of relevant Federal agencies, departments,
and instrumentalities carrying out obligations under--
(i) sections 131 and 132 of the 2003 Amended U.S.-FSM
Compact and subsections (a) and (b) of section 221 and
section 261 of the 2023 Amended U.S.-FSM Compact;
(ii) sections 131 and 132 of the 2003 Amended U.S.-RMI
Compact and subsections (a) and (b) of section 221 and
section 261 of the 2023 Amended U.S.-RMI Compact;
(iii) sections 131 and 132 and subsections (a) and (b) of
section 221 of the U.S.-Palau Compact;
(iv) Article 6 of the 2023 U.S.-Palau Compact Review
Agreement;
(v) any applicable subsidiary agreement; and
(vi) section 2009; and
(F) the head of any other Federal agency, department, or
instrumentality that the Secretary of State or the Secretary
of the Interior may designate.
(4) Duties of secretary of state and secretary of the
interior.--The Secretary of State (or a senior official
designee of the Secretary of State) and the Secretary of the
Interior (or a senior official designee of the Secretary of
the Interior) shall--
(A) co-lead and preside at a meeting of the Interagency
Group not less frequently than annually;
(B) determine, in consultation with the Secretary of
Defense, the agenda for meetings of the Interagency Group;
and
(C) facilitate and coordinate the work of the Interagency
Group.
(5) Duties of the interagency group.--The Interagency Group
shall--
(A) provide advice on the establishment or implementation
of policies relating to the Freely Associated States to the
President, acting through the Office of Intergovernmental
Affairs, in the form of a written report not less frequently
than annually;
(B) obtain information and advice relating to the Freely
Associated States from the Presidents, other elected
officials, and members of civil society of the Freely
Associated States, including through the members of the
Interagency Group (including senior official designees of the
members) meeting not less frequently than annually with any
Presidents of the Freely Associated States who elect to
participate;
(C) at the request of the head of any Federal agency (or a
senior official designee of the head of a Federal agency) who
is a member of the Interagency Group, promptly review and
provide advice on a policy or policy implementation action
affecting 1 or more of the Freely Associated States proposed
by the Federal agency, department, or instrumentality; and
(D) facilitate coordination of relevant policies, programs,
initiatives, and activities involving 1 or more of the Freely
Associated States, including ensuring coherence and avoiding
duplication between programs, initiatives, and activities
conducted pursuant to a Compact with a Freely Associated
State and non-Compact programs, initiatives, and activities.
(6) Reports.--Not later than 1 year after the date of the
enactment of this Act and
[[Page S5824]]
each year thereafter in which a Compact of Free Association
with a Freely Associated State is in effect, the President
shall submit to the majority leader and minority leader of
the Senate, the Speaker and minority leader of the House of
Representatives, and the appropriate committees of Congress a
report that describes the activities and recommendations of
the Interagency Group during the applicable year.
(e) Federal Agency Coordination.--The head of any Federal
agency providing programs and services to the Federated
States of Micronesia, the Republic of the Marshall Islands,
or the Republic of Palau shall coordinate with the Secretary
of the Interior and the Secretary of State regarding the
provision of the programs and services.
(f) Foreign Loans or Debt.--Congress reaffirms that--
(1) the foreign loans or debt of the Government of the
Federated States of Micronesia, the Government of the
Republic of the Marshall Islands, or the Government of the
Republic of Palau shall not constitute an obligation of the
United States; and
(2) the full faith and credit of the United States
Government shall not be pledged for the payment and
performance of any foreign loan or debt referred to in
paragraph (1) without specific further authorization.
(g) Compact Compilation.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the Interior
shall submit a report to the appropriate committees of
Congress that includes a compilation of the Compact of Free
Association with the Federated State of Micronesia, the
Compact of Free Association with the Republic of Palau, and
the Compact of Free Association with Republic of the Marshall
Islands.
(h) Publication; Revision by Office of the Law Revision
Counsel.--
(1) Publication.--In publishing this title in slip form and
in the United States Statutes at Large pursuant to section
112 of title 1, United States Code, the Archivist of the
United States shall include after the date of approval at the
end an appendix setting forth the text of--
(A) the 2023 Agreement to Amend the U.S.-FSM Compact; and
(B) the 2023 Agreement to Amend the U.S.-RMI Compact.
(2) Revision by office of the law revision counsel.--The
Office of the Law Revision Counsel is directed to revise--
(A) the 2003 Amended U.S.-FSM Compact set forth in the note
following section 1921 of title 48, United States Code, to
reflect the amendments to the 2003 Amended U.S.-FSM Compact
made by the 2023 Agreement to Amend the U.S.-FSM Compact; and
(B) the 2003 Amended U.S.-RMI Compact set forth in the note
following section 1921 of title 48, United States Code, to
reflect the amendments to the 2003 Amended U.S.-RMI Compact
made by the 2023 Agreement to Amend the U.S.-RMI Compact.
SEC. 2009. UNITED STATES POLICY REGARDING THE FREELY
ASSOCIATED STATES.
(a) Authorization for Veterans' Services.--
(1) Definition of freely associated states.--In this
subsection, the term ``Freely Associated States'' means--
(A) the Federated States of Micronesia, during such time as
it is a party to the Compact of Free Association set forth in
section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note); and
(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201
of Joint Resolution entitled ``Joint Resolution to approve
the `Compact of Free Association' between the United States
and the Government of Palau, and for other purposes'' (Public
Law 99-658; 48 U.S.C. 1931 note).
(2) Hospital care, medical services, and nursing home care
abroad.--Section 1724 of title 38, United States Code, is
amended--
(A) in subsection (a), by striking ``subsections (b) and
(c)'' and inserting ``subsections (b), (c), and (f)''; and
(B) by adding at the end the following:
``(f)(1) The Secretary may furnish hospital care and
medical services in the Freely Associated States to a veteran
who is otherwise eligible to receive hospital care and
medical services.
``(2) In furnishing hospital care and medical services
under paragraph (1), the Secretary may furnish hospital care
and medical services through--
``(A) contracts or other agreements;
``(B) reimbursement; or
``(C) the direct provision of care by health care personnel
of the Department.
``(3) In furnishing hospital care and medical services
under paragraph (1), the Secretary may furnish hospital care
and medical services for any condition regardless of whether
the condition is connected to the service of the veteran in
the Armed Forces.
``(4)(A) A veteran who has received hospital care or
medical services in a country pursuant to this subsection
shall remain eligible, to the extent determined advisable and
practicable by the Secretary, for hospital care or medical
services in that country regardless of whether the country
continues to qualify as a Freely Associated State for
purposes of this subsection.
``(B) If the Secretary determines it is no longer advisable
or practicable to allow veterans described in subparagraph
(A) to remain eligible for hospital care or medical services
pursuant to such subparagraph, the Secretary shall--
``(i) provide direct notice of that determination to such
veterans; and
``(ii) publish that determination and the reasons for that
determination in the Federal Register.
``(5) In this subsection, the term `Freely Associated
States' means--
``(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act
of 1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201
of Joint Resolution entitled `Joint Resolution to approve the
``Compact of Free Association'' between the United States and
the Government of Palau, and for other purposes' (Public Law
99-658; 48 U.S.C. 1931 note).''.
(3) Beneficiary travel.--Section 111 of title 38, United
States Code, is amended by adding at the end the following:
``(h)(1) Notwithstanding any other provision of law, the
Secretary may make payments to or for any person traveling
in, to, or from the Freely Associated States for receipt of
care or services authorized under section 1724(f) of this
title.
``(2) A person who has received payment for travel in a
country pursuant to this subsection shall remain eligible for
payment for such travel in that country regardless of whether
the country continues to qualify as a Freely Associated State
for purposes of this subsection.
``(3) The Secretary shall prescribe regulations to carry
out this subsection.
``(4) In this subsection, the term `Freely Associated
States' means--
``(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99-239; 48 U.S.C. 1901 note);
``(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act
of 1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
``(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201
of Joint Resolution entitled `Joint Resolution to approve the
``Compact of Free Association'' between the United States and
the Government of Palau, and for other purposes' (Public Law
99-658; 48 U.S.C. 1931 note).''.
(4) Legal issues.--
(A) Health services.--The Secretary of Veterans Affairs, in
consultation with the Secretary of State, shall work with the
governments of the Freely Associated States to facilitate the
furnishing of health services, including telehealth, under
the laws administered by the Secretary of Veterans Affairs,
to veterans in the Freely Associated States, such as by
addressing--
(i) licensure, certification, registration, and tort issues
relating to health care personnel; and
(ii) matters relating to delivery of pharmaceutical
products and medical surgical products, including delivery of
such products through the Consolidated Mail Outpatient
Pharmacy of the Department of Veterans Affairs, to the Freely
Associated States.
(B) Licensure of health care professionals providing
treatment via telemedicine in the freely associated states.--
Section 1730C(a) of title 38, United States Code, is amended
by striking ``any State'' and inserting ``any State or any of
the Freely Associated States (as defined in section 1724(f)
of this title)''.
(C) Payment of claims.--The Secretary of Veterans Affairs
may pay tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code,
when such claims arise in the Freely Associated States in
connection with furnishing hospital care or medical services
or providing medical consultation or medical advice to a
veteran under the laws administered by the Secretary,
including through a remote or telehealth program.
(5) Outreach and assessment of options.--During the 1-year
period beginning on the date of enactment of this Act, the
Secretary of Veterans Affairs shall, subject to the
availability of appropriations--
(A) conduct robust outreach to, and engage with, each
government of the Freely Associated States;
(B) assess options for the delivery of care through the use
of authorities provided pursuant to the amendments made by
this subsection; and
(C) increase staffing as necessary to conduct outreach
under subparagraph (A).
(b) Authorization of Education Programs.--
[[Page S5825]]
(1) Eligibility.--For fiscal year 2024 and each fiscal year
thereafter, the Government of the United States shall--
(A) continue to make available to the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau, grants for services to individuals
eligible for such services under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.) to
the extent that those services continue to be available to
individuals in the United States;
(B) continue to make available to the Federated States of
Micronesia and the Republic of the Marshall Islands and make
available to the Republic of Palau, competitive grants under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.), the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), and part D of
the Individuals with Disabilities Education Act (20 U.S.C.
1450 et seq.), to the extent that those grants continue to be
available to State and local governments in the United
States;
(C) continue to make grants available to the Republic of
Palau under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.), the Adult
Education and Family Literacy Act (29 U.S.C. 3271 et seq.),
and the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.);
(D) continue to make available to eligible institutions of
higher education in the Republic of Palau and make available
to eligible institutions of higher education in the Federated
States of Micronesia and the Republic of the Marshall Islands
and to students enrolled in those institutions of higher
education, and to students who are citizens of the Federated
States of Micronesia, the Republic of the Marshall Islands,
and the Republic of Palau and enrolled in institutions of
higher education in the United States and territories of the
United States, grants under--
(i) subpart 1 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a et seq.);
(ii) subpart 3 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b et seq.); and
(iii) part C of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087-51 et seq.);
(E) require, as a condition of eligibility for a public
institution of higher education in any State (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) that is not a Freely Associated State to participate
in or receive funds under any program under title IV of such
Act (20 U.S.C. 1070 et seq.), that the institution charge
students who are citizens of the Federated States of
Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau tuition for attendance at a rate that is
not greater than the rate charged for residents of the State
in which such public institution of higher education is
located; and
(F) continue to make available, to eligible institutions of
higher education, secondary schools, and nonprofit
organizations in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau,
competitive grants under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.).
(2) Other formula grants.--Except as provided in paragraph
(1), the Secretary of Education shall not make a grant under
any formula grant program administered by the Department of
Education to the Federated States of Micronesia, the Republic
of the Marshall Islands, or the Republic of Palau.
(3) Grants to the freely associated states under part b of
the individuals with disabilities education act.--Section
611(b)(1) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(b)(1)) is amended by striking subparagraph
(A) and inserting the following:
``(A) Funds reserved.--From the amount appropriated for any
fiscal year under subsection (i), the Secretary shall reserve
not more than 1 percent, which shall be used as follows:
``(i) To provide assistance to the outlying areas in
accordance with their respective populations of individuals
aged 3 through 21.
``(ii)(I) To provide each freely associated State a grant
so that no freely associated State receives a lesser share of
the total funds reserved for the freely associated State than
the freely associated State received of those funds for
fiscal year 2023.
``(II) Each freely associated State shall establish its
eligibility under this subparagraph consistent with the
requirements for a State under section 612.
``(III) The funds provided to each freely associated State
under this part may be used to provide, to each infant or
toddler with a disability (as defined in section 632), either
a free appropriate public education, consistent with section
612, or early intervention services consistent with part C,
notwithstanding the application and eligibility requirements
of sections 634(2), 635, and 637.''.
(4) Technical amendments to the elementary and secondary
education act of 1965.--The Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(A) by striking subparagraph (A) of section 1121(b)(1) (20
U.S.C. 6331(b)(1)(A)) and inserting the following:
``(A) first reserve $1,000,000 for the Republic of Palau,
subject to such terms and conditions as the Secretary may
establish, except that Public Law 95-134, permitting the
consolidation of grants, shall not apply; and''; and
(B) in section 8101 (20 U.S.C. 7801), by amending paragraph
(36) to read as follows:
``(36) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States Virgin
Islands; and
``(B) for the purpose of any discretionary grant program
under this Act, includes the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau, to the extent that any such grant program continues
to be available to State and local governments in the United
States.''.
(5) Technical amendment to the compact of free association
amendments act of 2003.--Section 105(f)(1)(B) of the Compact
of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)) is amended by striking clause (ix).
(6) Head start programs.--
(A) Definitions.--Section 637 of the Head Start Act (42
U.S.C. 9832) is amended, in the paragraph defining the term
``State'', by striking the second sentence and inserting
``The term `State' includes the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.''.
(B) Allotment of funds.--Section 640(a)(2)(B) of the Head
Start Act (42 U.S.C. 9835(a)(2)(B)) is amended--
(i) in clause (iv), by inserting ``the Republic of Palau,''
before ``and the Virgin Islands''; and
(ii) by amending clause (v) to read as follows:
``(v) if a base grant has been established through
appropriations for the Federated States of Micronesia or the
Republic of the Marshall Islands, to provide an amount for
that jurisdiction (for Head Start agencies (including Early
Head Start agencies) in the jurisdiction) that is equal to
the amount provided for base grants for such jurisdiction
under this subchapter for the prior fiscal year, by allotting
to each agency described in this clause an amount equal to
that agency's base grant for the prior fiscal year; and''.
(7) Coordination required.--The Secretary of the Interior,
in coordination with the Secretary of Education and the
Secretary of Health and Human Services, as applicable, shall,
to the maximum extent practicable, coordinate with the 3
United States appointees to the Joint Economic Management
Committee described in section 2005(b)(1) and the 2 United
States appointees to the Joint Economic Management and
Financial Accountability Committee described in section
2006(d)(1) to avoid duplication of economic assistance for
education provided under section 261(a)(1) of the 2023
Amended U.S.-FSM Compact or section 261(a)(1) of the 2023
Amended U.S.-RMI Compact of activities or services provided
under--
(A) the Head Start Act (42 U.S.C. 9831 et seq.);
(B) subpart 3 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070b et seq.); or
(C) part C of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087-51 et seq.).
(c) Authorization of Department of Defense Programs.--
(1) Department of defense medical facilities.--The
Secretary of Defense shall make available, on a space
available and reimbursable basis, the medical facilities of
the Department of Defense for use by citizens of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau, who are properly referred
to the facilities by government authorities responsible for
provision of medical services in the Federated States of
Micronesia, the Republic of the Marshall Islands, the
Republic of Palau, and the affected jurisdictions (as defined
in section 104(e)(2) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921c(e)(2))).
(2) Participation by secondary schools in the armed
services vocational aptitude battery student testing
program.--It is the sense of Congress that the Department of
Defense may extend the Armed Services Vocational Aptitude
Battery (ASVAB) Student Testing Program and the ASVAB Career
Exploration Program to selected secondary schools in the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau to the extent such
programs are available to Department of Defense dependent
secondary schools established under section 2164 of title 10,
United States Code, and located outside the United States.
(d) Judicial Training.--In addition to amounts provided
under section 261(a)(4) of the 2023 Amended U.S.-FSM Compact
and the 2023 Amended U.S.-RMI Compact and under subsections
(a) and (b) of Article 1 of the 2023 U.S.-Palau Compact
Review Agreement, for each of fiscal years 2024 through 2043,
the Secretary of the Interior shall use the amounts made
available to the Secretary of the Interior under section
2011(c) to train judges and officials of the judiciary in the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau, in cooperation with the
Pacific Islands Committee of the judicial council of the
ninth judicial circuit of the United States.
(e) Eligibility for the Republic of Palau.--
(1) National health service corps.--The Secretary of Health
and Human Services shall make the services of the National
[[Page S5826]]
Health Service Corps available to the residents of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau to the same extent, and
for the same duration, as services are authorized to be
provided to persons residing in any other areas within or
outside the United States.
(2) Additional programs and services.--The Republic of
Palau shall be eligible for the programs and services made
available to the Federated States of Micronesia and the
Republic of the Marshall Islands under section 108(a) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921g(a)).
(3) Programs and services of certain agencies.--In addition
to the programs and services set forth in the operative
Federal Programs and Services Agreement between the United
States and the Republic of Palau, the programs and services
of the following agencies shall be made available to the
Republic of Palau:
(A) The Legal Services Corporation.
(B) The Public Health Service.
(C) The Rural Housing Service.
(f) Compact Impact Fairness.--
(1) In general.--Section 402 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(N) Exception for citizens of freely associated states.--
With respect to eligibility for benefits for any specified
Federal program, paragraph (1) shall not apply to any
individual who lawfully resides in the United States in
accordance with section 141 of the Compacts of Free
Association between the Government of the United States and
the Governments of the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of
Palau.''; and
(B) in subsection (b)(2)(G)--
(i) in the subparagraph heading, by striking ``medicaid
exception for'' and inserting ``exception for''; and
(ii) by striking ``the designated Federal program defined
in paragraph (3)(C) (relating to the Medicaid program)'' and
inserting ``any designated Federal program''.
(2) Exception to 5-year wait requirement.--Section
403(b)(3) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)(3)) is amended
by striking ``, but only with respect to the designated
Federal program defined in section 402(b)(3)(C)''.
(3) Definition of qualified alien.--Section 431(b)(8) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) is amended
by striking ``, but only with respect to the designated
Federal program defined in section 402(b)(3)(C) (relating to
the Medicaid program)''.
(g) Consultation With International Financial
Institutions.--The Secretary of the Treasury, in coordination
with the Secretary of the Interior and the Secretary of
State, shall consult with appropriate officials of the Asian
Development Bank and relevant international financial
institutions (as defined in section 1701(c) of the
International Financial Institutions Act (22 U.S.C.
262r(c))), as appropriate, with respect to overall economic
conditions in, and the activities of other providers of
assistance to, the Freely Associated States.
(h) Chief of Mission.--Section 105(b) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921d(b))
is amended by striking paragraph (5) and inserting the
following:
``(5) Pursuant to section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927), all United States Government executive
branch employees in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau
fall under the authority of the respective applicable chief
of mission, except for employees identified as excepted from
the authority under Federal law or by Presidential
directive.''.
(i) Establishment of a Unit for the Freely Associated
States in the Bureau of East Asian and Pacific Affairs of the
Department of State and Increasing Personnel Focused on
Oceania.--
(1) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(2) Requirements.--The Secretary of State shall--
(A) assign additional full-time equivalent personnel to the
Office of Australia, New Zealand, and Pacific Island Affairs
of the Bureau of East Asian and Pacific Affairs of the
Department of State, including to the unit established under
subparagraph (B), as the Secretary of State determines to be
appropriate, in accordance with paragraph (4)(A); and
(B) establish a unit in the Bureau of East Asian and
Pacific Affairs of the Department of State to carry out the
functions described in paragraph (3).
(3) Functions of unit.--The unit established under
paragraph (2)(B) shall be responsible for the following:
(A) Managing the bilateral and regional relations with the
Freely Associated States.
(B) Supporting the Secretary of State in leading
negotiations relating to the Compacts of Free Association
with the Freely Associated States.
(C) Coordinating, in consultation with the Department of
the Interior, the Department of Defense, and other
interagency partners as appropriate, implementation of the
Compacts of Free Association with the Freely Associated
States.
(4) Full-time equivalent employees.--The Secretary of State
shall--
(A) not later than 5 years after the date of enactment of
this Act, assign to the Office of Australia, New Zealand, and
Pacific Island Affairs of the Bureau of East Asian and
Pacific Affairs, including to the unit established under
paragraph (2)(B), not less than 4 additional full-time
equivalent staff, who shall not be dual-hatted, including by
considering--
(i) the use of existing flexible hiring authorities,
including Domestic Employees Teleworking Overseas (DETOs);
and
(ii) the realignment of existing personnel, including from
the United States Mission in Australia, as appropriate;
(B) reduce the number of vacant foreign service positions
in the Pacific Island region by establishing an incentive
program within the Foreign Service for overseas positions
related to the Pacific Island region; and
(C) report to the appropriate congressional committees on
progress toward objectives outlined in this subsection
beginning 1 year from the date of the enactment of this Act
and annually thereafter for 5 years.
(j) Technical Assistance.--Section 105 of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921d) is
amended by striking subsection (j) and inserting the
following:
``(j) Technical Assistance.--
``(1) In general.--Technical assistance may be provided
pursuant to section 224 of the 2023 Amended U.S.-FSM Compact,
section 224 of the 2023 Amended U.S.-RMI Compact, or section
222 of the U.S.-Palau Compact (as those terms are defined in
section 2003 of the Compact of Free Association Amendments
Act of 2023) by Federal agencies and institutions of the
Government of the United States to the extent the assistance
shall be provided to States, territories, or units of local
government.
``(2) Historic preservation.--
``(A) In general.--Any technical assistance authorized
under paragraph (1) that is provided by the Forest Service,
the Natural Resources Conservation Service, the United States
Fish and Wildlife Service, the National Marine Fisheries
Service, the United States Coast Guard, the Advisory Council
on Historic Preservation, the Department of the Interior, or
any other Federal agency providing assistance under division
A of subtitle III of title 54, United States Code, may be
provided on a nonreimbursable basis.
``(B) Grants.--During the period in which the 2023 Amended
U.S.-FSM Compact (as so defined) and the 2023 Amended U.S.-
RMI Compact (as so defined) are in force, the grant programs
under division A of subtitle III of title 54, United States
Code, shall continue to apply to the Federated States of
Micronesia and the Republic of the Marshall Islands in the
same manner and to the same extent as those programs applied
prior to the approval of the U.S.-FSM Compact and U.S.-RMI
Compact.
``(3) Additional funds.--Any funds provided pursuant to
this subsection, subsections (c), (g), (h), (i), (k), (l),
and (m), section 102(a), and subsections (a), (b), (f), (g),
(h), and (j) of section 103 shall be in addition to, and not
charged against, any amounts to be paid to the Federated
States of Micronesia or the Republic of the Marshall Islands
pursuant to--
``(A) the U.S.-FSM Compact;
``(B) the U.S.-RMI Compact; or
``(C) any related subsidiary agreement.''.
(k) Continuing Trust Territory Authorization.--The
authorization provided by the Act of June 30, 1954 (68 Stat.
330, chapter 423), shall remain available after the effective
date of the 2023 Amended U.S.-FSM Compact and the 2023
Amended U.S.-RMI Compact with respect to the Federated States
of Micronesia and the Republic of the Marshall Islands for
transition purposes, including--
(1) completion of projects and fulfillment of commitments
or obligations;
(2) termination of the Trust Territory Government and
termination of the High Court;
(3) health and education as a result of exceptional
circumstances;
(4) ex gratia contributions for the populations of Bikini,
Enewetak, Rongelap, and Utrik; and
(5) technical assistance and training in financial
management, program administration, and maintenance of
infrastructure.
(l) Technical Amendments.--
(1) Public health service act definition.--Section 2(f) of
the Public Health Service Act (42 U.S.C. 201(f)) is amended
by striking ``and the Trust Territory of the Pacific
Islands'' and inserting ``the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of
Palau''.
(2) Compact impact amendments.--Section 104(e) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921c(e)) is amended--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking ``beginning in fiscal
year 2003'' and inserting ``during the period of fiscal years
2003 through 2023''; and
(ii) in subparagraph (C), by striking ``after fiscal year
2003'' and inserting ``for the period of fiscal years 2004
through 2023'';
(B) by striking paragraph (5); and
[[Page S5827]]
(C) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
SEC. 2010. ADDITIONAL AUTHORITIES.
(a) Agencies, Departments, and Instrumentalities.--
(1) In general.--Appropriations to carry out the
obligations, services, and programs described in paragraph
(2) shall be made directly to the Federal agencies,
departments, and instrumentalities carrying out the
obligations, services and programs.
(2) Obligations, services, and programs described.--The
obligations, services, and programs referred to in paragraphs
(1) and (3) are the obligations, services, and programs
under--
(A) sections 131 and 132, paragraphs (1) and (3) through
(6) of section 221(a), and section 221(b) of the 2023 Amended
U.S.-FSM Compact;
(B) sections 131 and 132, paragraphs (1) and (3) through
(6) of section 221(a), and section 221(b) of the 2023 Amended
U.S.-RMI Compact;
(C) sections 131 and 132 and paragraphs (1), (3), and (4)
of section 221(a) of the U.S.-Palau Compact;
(D) Article 6 of the 2023 U.S.-Palau Compact Review
Agreement; and
(E) section 8.
(3) Authority.--The heads of the Federal agencies,
departments, and instrumentalities to which appropriations
are made available under paragraph (1) as well as the Federal
Deposit Insurance Corporation shall--
(A) have the authority to carry out any activities that are
necessary to fulfill the obligations, services, and programs
described in paragraph (2); and
(B) use available funds to carry out the activities under
subparagraph (A).
(b) Additional Assistance.--Any assistance provided
pursuant to section 105(j) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(j)) (as amended by
section 2009(j)) and sections 2005(a), 2006(a), 2007(b), and
2009 shall be in addition to and not charged against any
amounts to be paid to the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau
pursuant to--
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; or
(4) any related subsidiary agreement.
(c) Remaining Balances.--Notwithstanding any other
provision of law, including section 109 of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921h)--
(1) remaining balances appropriated to carry out sections
211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM
Compact, shall be programmed pursuant to Article IX of the
2023 U.S.-FSM Fiscal Procedures Agreement; and
(2) remaining balances appropriated to carry out sections
211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI
Compact, shall be programmed pursuant to Article XI of the
2023 U.S.-RMI Fiscal Procedures Agreement.
(d) Grants.--Notwithstanding any other provision of law--
(1) contributions under the 2023 Amended U.S.-FSM Compact,
the 2023 U.S.-Palau Compact Review Agreement, and the 2023
Amended U.S.-RMI Compact may be provided as grants for
purposes of implementation of the 2023 Amended U.S.-FSM
Compact, the 2023 U.S.-Palau Compact Review Agreement, and
the 2023 Amended U.S.-RMI Compact under the laws of the
United States; and
(2) funds appropriated pursuant to section 2011 may be
deposited in interest-bearing accounts and any interest
earned may be retained in and form part of those accounts for
use consistent with the purpose of the deposit.
(e) Rule of Construction.--Except as specifically provided,
nothing in this title or the amendments made by this title
amends the following:
(1) Title I of the Compact of Free Association Act of 1985
(48 U.S.C. 1901 et seq.).
(2) Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.).
(3) Title I of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921 et seq.).
(4) Section 1259C of the National Defense Authorization Act
for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115-
91).
(5) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2018 (Public Law 115-
141; 132 Stat. 635).
(f) Clarification Relating to Appropriated Funds.--
Notwithstanding section 109 of the Compacts of Free
Association Amendments Act of 2003 (48 U.S.C. 1921h)--
(1) funds appropriated by that section and deposited into
the RMI Compact Trust Fund shall be governed by the 2023
U.S.-RMI Trust Fund Agreement on entry into force of the 2023
U.S.-RMI Trust Fund Agreement;
(2) funds appropriated by that section and deposited into
the FSM Compact Trust Fund shall be governed by the 2023
U.S.-FSM Trust Fund Agreement on entry into force of the 2023
U.S.-FSM Trust Fund Agreement;
(3) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants
to carry out the purposes of section 211(b) of the 2003 U.S.-
RMI Amended Compact shall be subject to the provisions of the
2023 U.S.-RMI Fiscal Procedures Agreement on entry into force
of the 2023 U.S.-RMI Fiscal Procedures Agreement;
(4) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants
to carry out the purposes of section 221 of the 2003 U.S.-RMI
Amended Compact shall be subject to the provisions of the
2023 U.S.-RMI Fiscal Procedures Agreement on entry into force
of the 2023 U.S.-RMI Fiscal Procedures Agreement, except as
modified in the Federal Programs and Services Agreement in
force between the United States and the Republic of the
Marshall Islands; and
(5) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants
to carry out the purposes of section 221 of the 2003 U.S.-FSM
Amended Compact shall be subject to the provisions of the
2023 U.S.-FSM Fiscal Procedures Agreement on entry into force
of the 2023 U.S.-FSM Fiscal Procedures Agreement, except as
modified in the 2023 U.S.-FSM Federal Programs and Services
Agreement.
SEC. 2011. COMPACT APPROPRIATIONS.
(a) Funding for Activities of the Secretary of the
Interior.--For the period of fiscal years 2024 through 2043,
there are appropriated to the Compact of Free Association
account of the Department of the Interior, out of any funds
in the Treasury not otherwise appropriated, to remain
available until expended, the amounts described in and to
carry out the purposes of--
(1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM
Compact;
(2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI
Compact; and
(3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact
Review Agreement.
(b) Funding for Activities of the United States Postal
Service.--
(1) Appropriation.--There is appropriated to the United
States Postal Service, out of any funds in the Treasury not
otherwise appropriated for each of fiscal years 2024 through
2043, $31,700,000, to remain available until expended, to
carry out the costs of the following provisions that are not
otherwise funded:
(A) Section 221(a)(2) of the 2023 Amended U.S.-FSM Compact.
(B) Section 221(a)(2) of the 2023 Amended U.S.-RMI Compact.
(C) Section 221(a)(2) of the U.S.-Palau Compact.
(D) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(2) Deposit.--
(A) In general.--The amounts appropriated to the United
States Postal Service under paragraph (1) shall be deposited
into the Postal Service Fund established under section 2003
of title 39, United States Code, to carry out the provisions
described in that paragraph.
(B) Requirement.--Any amounts deposited into the Postal
Service Fund under subparagraph (A) shall be the fiduciary,
fiscal, and audit responsibility of the Postal Service.
(c) Funding for Judicial Training.--There is appropriated
to the Secretary of the Interior to carry out section 2009(d)
out of any funds in the Treasury not otherwise appropriated,
$550,000 for each of fiscal years 2024 through 2043, to
remain available until expended.
TITLE II--FEND OFF FENTANYL ACT
SEC. 2101. SHORT TITLES.
This title may be cited as the ``Fentanyl Eradication and
Narcotics Deterrence Off Fentanyl Act'' or the ``FEND Off
Fentanyl Act''.
SEC. 2102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the proliferation of fentanyl is causing an
unprecedented surge in overdose deaths in the United States,
fracturing families and communities, and necessitating a
comprehensive policy response to combat its lethal flow and
to mitigate the drug's devastating consequences;
(2) the trafficking of fentanyl into the United States is a
national security threat that has killed hundreds of
thousands of United States citizens;
(3) transnational criminal organizations, including cartels
primarily based in Mexico, are the main purveyors of fentanyl
into the United States and must be held accountable;
(4) precursor chemicals sourced from the People's Republic
of China are--
(A) shipped from the People's Republic of China by
legitimate and illegitimate means;
(B) transformed through various synthetic processes to
produce different forms of fentanyl; and
(C) crucial to the production of illicit fentanyl by
transnational criminal organizations, contributing to the
ongoing opioid crisis;
(5) the United States Government must remain vigilant to
address all new forms of fentanyl precursors and drugs used
in combination with fentanyl, such as Xylazine, which
attribute to overdose deaths of people in the United States;
(6) to increase the cost of fentanyl trafficking, the
United States Government should work collaboratively across
agencies and should surge analytic capability to impose
sanctions and other remedies with respect to transnational
criminal organizations (including cartels), including foreign
nationals who facilitate the trade in illicit fentanyl and
its precursors from the People's Republic of China; and
(7) the Department of the Treasury should focus on fentanyl
trafficking and its facilitators as one of the top national
security priorities for the Department.
[[Page S5828]]
SEC. 2103. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign country; or
(ii) any entity not organized under the laws of the United
States or a jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) Trafficking.--The term ``trafficking'', with respect to
fentanyl, fentanyl precursors, or other related opioids, has
the meaning given the term ``opioid trafficking'' in section
7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
(5) Transnational criminal organization.--The term
``transnational criminal organization'' includes--
(A) any organization designated as a significant
transnational criminal organization under part 590 of title
31, Code of Federal Regulations;
(B) any of the organizations known as--
(i) the Sinaloa Cartel;
(ii) the Jalisco New Generation Cartel;
(iii) the Gulf Cartel;
(iv) the Los Zetas Cartel;
(v) the Juarez Cartel;
(vi) the Tijuana Cartel;
(vii) the Beltran-Leyva Cartel; or
(viii) La Familia Michoacana; or
(C) any successor organization to an organization described
in subparagraph (B) or as otherwise determined by the
President.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
Subtitle A--Sanctions Matters
PART I--SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO
FENTANYL TRAFFICKING
SEC. 2111. FINDING; POLICY.
(a) Finding.--Congress finds that international trafficking
of fentanyl, fentanyl precursors, or other related opioids
constitutes an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States, and is a national emergency.
(b) Policy.--It shall be the policy of the United States to
apply economic and other financial sanctions to those who
engage in the international trafficking of fentanyl, fentanyl
precursors, or other related opioids to protect the national
security, foreign policy, and economy of the United States.
SEC. 2112. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.
(a) In General.--The President may exercise all authorities
provided under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this part.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
pursuant to this part and any national emergency declared
with respect to the trafficking of fentanyl and trade in
other illicit drugs, including--
(A) the issuance of any new or revised regulations,
policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information from outside
parties;
(D) the issuance or closure of general licenses, specific
licenses, and statements of licensing policy by the Office of
Foreign Assets Control;
(E) a description of any pending enforcement cases; or
(F) the implementation of mitigation procedures.
(2) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include the
matters required by subparagraphs (C), (D), (E), and (F) of
that paragraph in a classified annex.
SEC. 2113. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL
TRAFFICKING BY TRANSNATIONAL CRIMINAL
ORGANIZATIONS.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to any foreign
person the President determines--
(1) is knowingly involved in the significant trafficking of
fentanyl, fentanyl precursors, or other related opioids,
including such trafficking by a transnational criminal
organization; or
(2) otherwise is knowingly involved in significant
activities of a transnational criminal organization relating
to the trafficking of fentanyl, fentanyl precursors, or other
related opioids.
(b) Sanctions Described.--The President may, pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), block and prohibit all transactions in
property and interests in property of a foreign person
described in subsection (a) if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
with respect to the foreign persons identified under
subsection (a).
SEC. 2114. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
part or any regulation, license, or order issued to carry out
this part shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(b) National Security Waiver.--The President may waive the
application of sanctions under this part with respect to a
foreign person if the President determines that the waiver is
in the national security interest of the United States.
(c) Exceptions.--
(1) Exception for intelligence activities.--This part shall
not apply with respect to activities subject to the reporting
requirements under title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence
activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this part
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success on June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the
United States, or other applicable international obligations
of the United States; or
(B) to carry out or assist law enforcement activity of the
United States.
(3) Humanitarian exemption.--The President may not impose
sanctions under this part with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices
or for the provision of humanitarian assistance.
SEC. 2115. TREATMENT OF FORFEITED PROPERTY OF TRANSNATIONAL
CRIMINAL ORGANIZATIONS.
(a) Transfer of Forfeited Property to Forfeiture Funds.--
(1) In general.--Any covered forfeited property shall be
deposited into the Department of the Treasury Forfeiture Fund
established under section 9705 of title 31, United States
Code, or the Department of Justice Assets Forfeiture Fund
established under section 524(c) of title 28, United States
Code.
(2) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to the appropriate
congressional committees a report on any deposits made under
paragraph (1) during the 180-day period preceding submission
of the report.
(3) Covered forfeited property defined.--In this
subsection, the term ``covered forfeited property'' means
property--
(A) forfeited to the United States under chapter 46 or
section 1963 of title 18, United States Code; and
(B) that belonged to or was possessed by an individual
affiliated with or connected to a transnational criminal
organization subject to sanctions under--
(i) this part;
(ii) the Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.);
or
(iii) Executive Order 14059 (50 U.S.C. 1701 note; relating
to imposing sanctions on foreign persons involved in the
global illicit drug trade).
(b) Blocked Assets Under Terrorism Risk Insurance Act of
2002.--Nothing in this part affects the treatment of blocked
assets of a terrorist party described in subsection (a) of
section 201 of the Terrorism Risk Insurance Act of 2002 (28
U.S.C. 1610 note).
PART II--OTHER MATTERS
SEC. 2121. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF
SANCTIONS.
(a) International Emergency Economic Powers Act.--Section
206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended by adding at the end the following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding for the
enforcement of any civil fine, penalty, or forfeiture,
pecuniary or otherwise, under this section shall not be
entertained unless commenced within ten years after the
latest date of the violation upon which the civil fine,
penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this paragraph, the
commencement of an action,
[[Page S5829]]
suit, or proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (c)
unless the indictment is found or the information is
instituted within ten years after the latest date of the
violation upon which the indictment or information is
based.''.
(b) Trading With the Enemy Act.--Section 16 of the Trading
with the Enemy Act (50 U.S.C. 4315) is amended by adding at
the end the following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding for the
enforcement of any civil fine, penalty, or forfeiture,
pecuniary or otherwise, under this section shall not be
entertained unless commenced within ten years after the
latest date of the violation upon which the civil fine,
penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this paragraph, the
commencement of an action, suit, or proceeding includes the
issuance of a pre-penalty notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (a)
unless the indictment is found or the information is
instituted within ten years after the latest date of the
violation upon which the indictment or information is
based.''.
SEC. 2122. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF
OFFICE OF FOREIGN ASSETS CONTROL.
Not later than 180 days after the date of the enactment of
this Act, the Director of the Office of Foreign Assets
Control shall provide to the appropriate congressional
committees a classified report and briefing on the staffing
of the Office of Foreign Assets Control, disaggregated by
staffing dedicated to each sanctions program and each country
or issue.
SEC. 2123. REPORT ON DRUG TRANSPORTATION ROUTES AND USE OF
VESSELS WITH MISLABELED CARGO.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury, in conjunction with
the heads of other relevant Federal agencies, shall provide
to the appropriate congressional committees a classified
report and briefing on efforts to target drug transportation
routes and modalities, including an assessment of the
prevalence of false cargo labeling and shipment of precursor
chemicals without accurate tracking of the customers
purchasing the chemicals.
SEC. 2124. REPORT ON ACTIONS OF PEOPLE'S REPUBLIC OF CHINA
WITH RESPECT TO PERSONS INVOLVED IN FENTANYL
SUPPLY CHAIN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury, in conjunction with
the heads of other relevant Federal agencies, shall provide
to the appropriate congressional committees a classified
report and briefing on actions taken by the Government of the
People's Republic of China with respect to persons involved
in the shipment of fentanyl, fentanyl analogues, fentanyl
precursors, precursors for fentanyl analogues, and equipment
for the manufacturing of fentanyl and fentanyl-laced
counterfeit pills.
Subtitle B--Anti-Money Laundering Matters
SEC. 2131. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF
SANCTIONED PERSONS AS OF PRIMARY MONEY
LAUNDERING CONCERN.
Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 2311 et
seq.) is amended by inserting after section 7213 the
following:
``SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED
PERSONS AS OF PRIMARY MONEY LAUNDERING CONCERN.
``(a) In General.--If the Secretary of the Treasury
determines that reasonable grounds exist for concluding that
one or more financial institutions operating outside of the
United States, 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States, or 1
or more types of accounts within, or involving, a
jurisdiction outside of the United States, is of primary
money laundering concern in connection with illicit opioid
trafficking, the Secretary of the Treasury may, by order,
regulation, or otherwise as permitted by law--
``(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
provided for in section 9714(a)(1) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
31 U.S.C. 5318A note); or
``(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary) by any
domestic financial institution or domestic financial agency,
if such transmittal of funds involves any such institution,
class of transaction, or type of accounts.
``(b) Classified Information.--In any judicial review of a
finding of the existence of a primary money laundering
concern, or of the requirement for 1 or more special measures
with respect to a primary money laundering concern made under
this section, if the designation or imposition, or both, were
based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act (18 U.S.C.
App.)), such information may be submitted by the Secretary to
the reviewing court ex parte and in camera. This subsection
does not confer or imply any right to judicial review of any
finding made or any requirement imposed under this section.
``(c) Availability of Information.--The exemptions from,
and prohibitions on, search and disclosure referred to in
section 9714(c) of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note)
shall apply to any report or record of report filed pursuant
to a requirement imposed under subsection (a). For purposes
of section 552 of title 5, United States Code, this
subsection shall be considered a statute described in
subsection (b)(3)(B) of that section.
``(d) Penalties.--The penalties referred to in section
9714(d) of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 31 U.S.C. 5318A note) shall
apply to violations of any order, regulation, special
measure, or other requirement imposed under subsection (a),
in the same manner and to the same extent as described in
such section 9714(d).
``(e) Injunctions.--The Secretary of the Treasury may bring
a civil action to enjoin a violation of any order,
regulation, special measure, or other requirement imposed
under subsection (a) in the same manner and to the same
extent as described in section 9714(e) of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 31 U.S.C. 5318A note).''.
SEC. 2132. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZATIONS
IN SUSPICIOUS TRANSACTIONS REPORTS OF THE
FINANCIAL CRIMES ENFORCEMENT NETWORK.
(a) Filing Instructions.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Financial Crimes Enforcement Network shall issue guidance or
instructions to United States financial institutions for
filing reports on suspicious transactions required by section
1010.320 of title 31, Code of Federal Regulations, related to
suspected fentanyl trafficking by transnational criminal
organizations.
(b) Prioritization of Reports Relating to Fentanyl
Trafficking or Transnational Criminal Organizations.--The
Director shall prioritize research into reports described in
subsection (a) that indicate a connection to trafficking of
fentanyl or related synthetic opioids or financing of
suspected transnational criminal organizations.
SEC. 2133. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE
WITH MEXICO, THE PEOPLE'S REPUBLIC OF CHINA,
AND BURMA.
(a) In General.--In the first update to the national
strategy for combating the financing of terrorism and related
forms of illicit finance submitted to Congress after the date
of the enactment of this Act, the Secretary of the Treasury
shall include a report on trade-based money laundering
originating in Mexico or the People's Republic of China and
involving Burma.
(b) Definition.--In this section, the term ``national
strategy for combating the financing of terrorism and related
forms of illicit finance'' means the national strategy for
combating the financing of terrorism and related forms of
illicit finance required by section 261 of the Countering
America's Adversaries Through Sanctions Act (Public Law 115-
44; 131 Stat. 934), as amended by section 6506 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 2428).
Subtitle C--Exception Relating to Importation of Goods
SEC. 2141. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authority or a requirement to block
and prohibit all transactions in all property and interests
in property under this title shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
TITLE III--BUDGETARY EFFECTS
SEC. 2201. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) 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 division 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.
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