[Congressional Record Volume 170, Number 22 (Wednesday, February 7, 2024)]
[Senate]
[Pages S445-S454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1388. 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 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--FEND OFF FENTANYL ACT
Title I--Sanctions matters
Title II--Anti-money laundering matters
Title III--Exception relating to importation of goods
Title IV--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 December 31, 2024, to
respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $3,538,000, to remain available until December 31,
2024, to respond to the situation in Ukraine and for related
expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $23,302,000, to remain available until December 31,
2024, to respond to the situation in Ukraine and for related
expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space
Force'', $4,192,000, to remain available until December 31,
2024, to respond to the situation in Ukraine and for related
expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $4,887,581,000, to remain available until December
31, 2024, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $1,534,163,000, to remain available until December
31, 2024, to respond to the situation in Ukraine, to support
improvements to the submarine industrial base, and for
related expenses: Provided, That of the total amount
provided under this heading in this Act, $976,405,000 shall
be to respond to the situation in Ukraine and for related
expenses: Provided further, That of the total amount
provided under this heading in this Act, $557,758,000, to
remain available until September 30, 2024, shall be to
support improvements to the submarine industrial base and for
related expenses: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $69,045,000, to remain available until
December 31, 2024, to respond to the situation in Ukraine and
for related expenses: Provided, That such amount is
designated by the Congress as
[[Page S446]]
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'', $846,869,000, to remain available until December
31, 2024, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance,
Space Force'', $8,443,000, to remain available until December
31, 2024, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
(including transfers of funds)
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $34,230,780,000, to remain available until
December 31, 2024, to respond to the situations in Israel,
Ukraine, and Taiwan and for related expenses: Provided, That
of the total amount provided under this heading in this Act,
$13,772,460,000, to remain available until September 30,
2025, shall be for the Ukraine Security Assistance
Initiative: Provided further, That such funds for the
Ukraine Security Assistance Initiative shall be available to
the Secretary of Defense under the same terms and conditions
as are provided for under this heading in the Additional
Ukraine Supplemental Appropriations Act, 2023 (division M of
Public Law 117-328), 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 up to $1,900,000,000, to
remain available until September 30, 2025, may be transferred
to accounts under the headings ``Operation and Maintenance'',
``Procurement'', and ``Revolving and Management Funds'' for
replacement, through new procurement or repair of existing
unserviceable equipment, of defense articles from the stocks
of the Department of Defense, and for reimbursement for
defense services of the Department of Defense and military
education and training, provided to or identified for
provision to the Government of Taiwan or to foreign countries
that have provided support to Taiwan at the request of the
United States: Provided further, That funds transferred
pursuant to the preceding three provisos shall be merged with
and available for the same purposes and for the same time
period as the appropriations to which the funds are
transferred: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of the
details of such transfers not less than 15 days before any
such transfer: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back and merged with
this appropriation: Provided further, That any transfer
authority provided herein is in addition to any other
transfer authority provided by law: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$2,742,757,000, to remain available until September 30, 2026,
to respond to the situation in Ukraine and for related
expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $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 and for related expenses: Provided, That of the total
amount provided under this heading in this Act, funds shall
be available as follows:
Columbia Class Submarine (AP), $1,955,000,000; and
Virginia Class Submarine (AP), $200,000,000:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$319,570,000, to remain available until September 30, 2026,
to respond to the situation in Ukraine, to support
improvements to the submarine industrial base, and for
related expenses: Provided, That of the total amount
provided under this heading in this Act, $26,000,000 shall be
to respond to the situation in Ukraine and for related
expenses: Provided further, That of the total amount
provided under this heading in this Act, $293,570,000 shall
be to support improvements to the submarine industrial base
and for related expenses: Provided further, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$212,443,000, to remain available until September 30, 2026,
to respond to the situation in Ukraine and for related
expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $366,001,000, to remain available until September
30, 2026, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $2,808,678,000, to remain available until September
30, 2026, to respond to the situation in Ukraine and for
other expenses: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$5,246,780,000, 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 of the total amount provided under
this heading in this Act, $1,200,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Beam defense system to
counter short-range rocket threats: Provided further, That
funds in the preceding provisos shall be transferred pursuant
to an exchange of letters and are in addition to funds
provided pursuant to the
[[Page S447]]
U.S.-Israel Iron Dome Procurement Agreement, as amended:
Provided further, That nothing under this heading in this Act
shall be construed to apply to amounts made available in
prior appropriations Acts for the procurement of the Iron
Dome and David's Sling defense systems or for the procurement
of the Iron Beam defense system: Provided further, That 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'', $331,200,000, to remain available until
expended, for activities by the Department of Defense
pursuant to sections 108, 301, 302, and 303 of the Defense
Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and
4533): Provided, That such amounts shall be obligated and
expended by the Secretary of Defense as if delegated the
necessary authorities conferred by the Defense Production Act
of 1950: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $18,594,000, to remain available
until September 30, 2025, to respond to the situation in
Ukraine and for related expenses: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $20,825,000, to remain available
until September 30, 2025, to respond to the situation in
Ukraine, to support improvements to the submarine industrial
base, and for related expenses: Provided, That of the total
amount provided under this heading in this Act, $13,825,000
shall be to respond to the situation in Ukraine and for
related expenses: Provided further, That of the total amount
provided under this heading in this Act, $7,000,000 shall be
to support improvements to the submarine industrial base and
for related expenses: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $406,834,000, to remain
available until September 30, 2025, to respond to the
situation in Ukraine and for related expenses: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $194,125,000, to remain
available until September 30, 2025, to respond to the
situation in Ukraine and for related expenses: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
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 December 31,
2024, which shall be for operation and maintenance of the
Office of the Inspector General, including the Special
Inspector General for Operation Atlantic Resolve, 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
Director of the Office of Management and Budget, transfer up
to $1,000,000,000 only between the appropriations or 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 Director
of the Office of Management and Budget, transfer up to
$250,000,000 only between the appropriations or 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.
Sec. 104. For an additional amount for the Department of
Defense, $2,440,000,000, to remain available until September
30, 2024, for transfer to military personnel accounts,
operation and maintenance accounts, procurement accounts,
research, development, test and evaluation accounts, and the
Defense Working Capital Funds, in addition to amounts
otherwise made available for such purpose, only for U.S.
operations, force protection, deterrence, and the replacement
of combat expenditures in the United States Central Command
region: Provided, That none of the funds provided under this
section may be obligated or expended until 30 days after the
Secretary of Defense provides to the congressional defense
committees an execution plan: Provided further, That not
less than 15 days prior to any transfer of funds, the
Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided
further, That upon transfer, the funds shall be merged with
and available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided
further, That any transfer authority provided herein is in
addition to any other transfer authority provided by law:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
[[Page S448]]
Sec. 105. For an additional amount for the Department of
Defense, $542,400,000, to remain available until September
30, 2024, for transfer to operation and maintenance accounts,
procurement accounts, and research, development, test and
evaluation accounts, in addition to amounts otherwise made
available for such purpose, only for unfunded priorities of
the United States Indo-Pacific Command for fiscal year 2024
(as submitted to Congress pursuant to section 1105 of title
31, United States Code): Provided, That none of the funds
provided under this section may be obligated or expended
until 30 days after the Secretary of Defense, through the
Under Secretary of Defense (Comptroller), provides the
Committees on Appropriations of the House of Representatives
and the Senate a detailed execution plan for such funds:
Provided further, That not less than 15 days prior to any
transfer of funds, the Secretary of Defense shall notify the
congressional defense committees of the details of any such
transfer: Provided further, That upon transfer, the funds
shall be merged with and available for the same purposes, and
for the same time period, as the appropriation to which
transferred: Provided further, That any transfer authority
provided herein is in addition to any other transfer
authority provided by law: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE II
DEPARTMENT OF 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 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 available, for necessary expenses to carry
out the Nuclear Fuel Security Act of 2023 (section 3131 of
the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31)): Provided, That if insufficient
unobligated balances are available from such fiscal year
2022, 2023, and 2024 amounts to fund a total amount for such
purpose of up to $2,720,000,000, then up to $800,000,000 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 are made available for fiscal year
2025, may be made available, in additional to amounts
otherwise available, for such purpose to meet such total
amount: Provided further, That amounts repurposed pursuant
to this section may be transferred to ``Department of
Energy--Energy Programs--American Energy Independence Fund''
in either fiscal year 2024 or fiscal year 2025: Provided
further, That amounts repurposed or transferred by this
section shall be subject to the same authorities and
conditions as if such section were included in the Department
of Energy title of the Energy and Water Development and
Related Agencies Appropriations Act for fiscal year 2024:
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 Atomic Energy Act of 1954 (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 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 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.
(c) The Nuclear Fuel Security Act of 2023 (section 3131 of
the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31)) is amended--
(1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as
follows:
``(i) may not make commitments under this subsection
(including cooperative agreements (used in accordance with
section 6305 of title 31, United States Code), purchase
agreements, guarantees, leases, service contracts, or any
other type of commitment) for the purchase or other
acquisition of HALEU or LEU unless funds are specifically
provided for those purposes in advance in appropriations Acts
enacted after the date of enactment of this Act; and''; and
(2) in subjection (j) to read as follows:
``(j) Reasonable Compensation.--In carrying out activities
under this section, the Secretary shall ensure that any LEU
and HALEU made available by the Secretary under 1 or more of
the Programs is subject to reasonable compensation, taking
into account the fair market value of the LEU or HALEU and
the purposes of this section.''.
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'', $10,000,000, to remain
available until September 30, 2027, for necessary expenses
related to the administration of nonprofit security grants:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
federal assistance
For an additional amount for ``Federal Emergency Management
Agency--Federal Assistance'', $390,000,000, of which
$160,000,000 shall remain available until September 30, 2024,
and $230,000,000 shall remain available until September 30,
2026, for Nonprofit Security Grant Program under section 2009
of the Homeland Security Act of 2002 (6 U.S.C. 609a) for
eligible nonprofit organizations to prevent, prepare for,
protect against, and respond to acts of terrorism or other
threats: Provided, That the Administrator of the Federal
Emergency Management Agency shall make programmatic
adjustments as necessary to expedite the disbursement of, and
provide flexibility in the use of, amounts made available
under this heading in this Act: Provided further, That
notwithstanding any provision of 6 U.S.C. 609a, and in
addition to amounts available under 6 U.S.C. 609a(c)(2), the
Administrator of the Federal Emergency Management Agency may
permit a State to use up to two percent of a grant awarded
under this heading in this Act to provide outreach and
technical assistance to eligible nonprofit organizations to
assist them with applying for Nonprofit Security Grant
Program awards under this heading in this Act: Provided
further, That such outreach and technical assistance should
prioritize rural and underserved communities and nonprofit
organizations that are traditionally underrepresented in the
Program: Provided further, That such amount is
[[Page S449]]
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'', $481,000,000, 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 DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $281,914,000, to remain available until
September 30, 2028, to support improvements to the submarine
industrial base and for related expenses: Provided, That not
later than 60 days after the date of enactment of this Act,
the Secretary of the Navy, or their designee, shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for funds
provided under this heading in this Act: Provided further,
That such funds may be obligated or expended for planning and
design and military construction projects not otherwise
authorized by law: Provided further, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE VI
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'', $12,000,000, to remain available until September
30, 2025: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the
Diplomatic and Consular Service'', $50,000,000, to remain
available until expended, to meet unforeseen emergencies
arising in the Diplomatic and Consular Service, as
authorized: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$39,000,000, to remain available until September 30, 2025, to
respond to the situations in Israel and Ukraine and countries
impacted by the situations in Israel and Ukraine: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $13,000,000, to remain available until September
30, 2025: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $5,655,000,000, to remain available until
expended, to address humanitarian needs in response to the
situations in Israel and Ukraine, including the provision of
emergency food and shelter, and for assistance for other
vulnerable populations and communities: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
transition initiatives
For an additional amount for ``Transition 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'',
$7,899,000,000, to remain available until September 30, 2025:
Provided, That of the total amount provided under this
heading in this Act, $7,849,000,000 shall be for assistance
for Ukraine, which may include budget support and which may
be made available notwithstanding any other provision of law
that restricts assistance to foreign countries: Provided
further, That none of the funds made available for budget
support pursuant to the preceding proviso may be made
available for the reimbursement of pensions: Provided
further, That of the total amount provided under this heading
in this Act, $50,000,000 shall be to prevent and respond to
food insecurity: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe,
Eurasia and Central Asia'', $1,575,000,000, to remain
available until September 30, 2025, for assistance and
related programs for Ukraine and other countries identified
in section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and
section 3(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5402(c)): Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $3,495,000,000, to remain available until
expended, to address humanitarian needs and assist refugees
in response to the situations in Israel and Ukraine, and for
assistance for other vulnerable populations and communities:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $375,000,000, to remain
available until September 30, 2025: Provided, That of the
total amount provided under this heading in this Act,
$300,000,000 shall be for assistance for Ukraine and
countries impacted by the situation in Ukraine: Provided
further, That funds made available in the preceding proviso
may be made available to support the State Border Guard
Service of Ukraine and National Police of Ukraine, including
units supporting or under the command of the Armed Forces of
Ukraine: Provided further, That of the total amount provided
under this heading in this Act, $75,000,000 shall be for
assistance for the Middle East, following consultation with
the appropriate congressional committees, including to
enhance law enforcement capabilities, counter terrorism,
combat narcotics trafficking, and meet other critical partner
requirements: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page S450]]
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $100,000,000, to
remain available until September 30, 2025, for assistance for
Ukraine and countries impacted by the situation in Ukraine:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on the prioritization
of demining efforts and how such efforts will be coordinated
with development activities: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
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'', $7,100,000,000, 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
$769,300,000 may be available for the procurement in Israel
of defense articles and defense services: Provided further,
That the limitation in the preceding proviso may be exceeded,
if agreed by the United States and Israel, following
consultation with the Committees on Appropriations: Provided
further, That any congressional notification requirement
applicable to funds made available under this heading in this
Act for Israel may be waived if the Secretary of State
determines that to do so is in the national security interest
of the United States: Provided further, That of the total
amount provided under this heading in this Act,
$2,000,000,000 shall be for assistance for the Indo-Pacific
region and for related expenses: Provided further, That of
the total amount provided under this heading in this Act,
$1,600,000,000 shall be for assistance for Ukraine and
countries impacted by the situation in Ukraine and for
related expenses: Provided further, That amounts made
available under this heading in this Act and unobligated
balances of amounts made available under this heading in Acts
making appropriations for the Department of State, foreign
operations, and related programs for fiscal year 2024 and
prior fiscal years shall be available for the cost of loans
and loan guarantees as authorized by section 2606 of the
Ukraine Supplemental Appropriations Act, 2022 (division N of
Public Law 117-103), subject to the terms and conditions
provided in such section, or as otherwise authorized by law:
Provided further, That loan guarantees made using amounts
described in the preceding proviso for loans financed by the
Federal Financing Bank may be provided notwithstanding any
provision of law limiting the percentage of loan principal
that may be guaranteed: Provided further, That up to
$5,000,000 of funds made available under this heading in this
Act, in addition to funds otherwise available for such
purposes, may be used by the Department of State for
necessary expenses for the general costs of administering
military assistance and sales, including management and
oversight of such programs and activities: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
INTERNATIONAL ASSISTANCE PROGRAMS
Multilateral Assistance
contribution to the international development association
For an additional amount for ``Contribution to the
International Development Association'', $250,000,000, to
remain available until expended, which shall be made
available for a contribution to the International Development
Association Special Program to Enhance Crisis Response
Window: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 601. During fiscal year 2024, up to $250,000,000 of
funds deposited in the Consular and Border Security Programs
account in any fiscal year that are available for obligation
may be transferred to, and merged with, funds appropriated by
any Act making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Diplomatic Programs'' (including for Worldwide Security
Protection) and ``Emergencies in the Diplomatic and Consular
Service'' for emergency evacuations or to prevent or respond
to security situations and related requirements: Provided,
That such transfer authority is in addition to any other
transfer authority provided by law, and any such transfers
are subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
Sec. 602. 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. 603. 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. 604. 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. 605. Section 12001 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287) is amended as
follows:
(1) In paragraph (2) of subsection (a), by striking
``armor'' and all that follows through the end of the
paragraph and inserting ``defense articles that are in the
inventory of the Department of Defense as of the date of
transfer, are intended for use as reserve stocks for Israel,
and are located in a stockpile for Israel as of the date of
transfer''.
(2) In subsection (b), by striking ``at least equal to the
fair market value of the items transferred'' and inserting
``in an amount to be determined by the Secretary of
Defense''.
(3) In subsection (c), by inserting before the comma in the
first sentence the following: ``, or as far in advance of
such transfer as is practicable as determined by the
President on a case-by-case basis during extraordinary
circumstances impacting the national security of the United
States''.
Sec. 606. 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. 607. Unobligated balances from amounts appropriated
in prior Acts under the heading ``Multilateral Assistance--
International Financial Institutions--Contributions to the
International Monetary Fund Facilities and Trust Funds''
shall be available to cover the cost, as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a),
of loans made by the Secretary of the Treasury only to the
Poverty Reduction and Growth Trust of the International
Monetary Fund, following consultation with the appropriate
congressional committees: Provided, That such funds shall be
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $21,000,000,000 in the
aggregate, and the Secretary of the Treasury is authorized to
make such loans.
Sec. 608. 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. 609. (a) Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' may be transferred to,
and merged with, funds appropriated by this Act under such
headings.
(b) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' to respond to the situation in
Ukraine and in countries impacted by the situation in Ukraine
may be transferred to, and merged with, funds made available
under the headings ``United States International Development
Finance Corporation--Corporate Capital Account'', ``United
States International Development Finance Corporation--Program
Account'', ``Export-Import Bank of the United States--Program
Account'', and ``Trade and Development Agency'' for such
purpose.
(c) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' for
assistance for countries in the Middle East may be
transferred to, and merged with, funds appropriated by this
Act under the headings ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Peacekeeping Operations'',
and ``Foreign Military Financing Program'' for such purpose.
(d) The transfer authorities provided by this section are
in addition to any other transfer authority provided by law,
and are subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(e) Upon a determination that all or part of the funds
transferred pursuant to the authorities provided by this
section are not necessary for such purposes, such amounts may
be transferred back to such appropriations.
Sec. 610. 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. 611. None of the funds appropriated or otherwise made
available by this title in this Act may be made available for
assistance for the Governments of the Russian Federation or
Belarus, including entities owned or controlled by such
Governments.
[[Page S451]]
Sec. 612. (a) Section 2606 of the Ukraine Supplemental
Appropriations Act, 2022 (division N of Public Law 117-103)
is amended as follows:
(1) in subsection (a), by striking ``and North Atlantic
Treaty Organization (NATO) allies'' and inserting ``, North
Atlantic Treaty Organization (NATO) allies, major non-NATO
allies, and the Indo-Pacific region''; by striking
``$4,000,000,000'' and inserting ``$8,000,000,000''; and by
striking ``, except that such rate may not be less than the
prevailing interest rate on marketable Treasury securities of
similar maturity''; and
(2) in subsection (b), by striking ``and NATO allies'' and
inserting ``, NATO allies, major non-NATO allies, and the
Indo-Pacific region''; by striking ``$4,000,000,000'' and
inserting ``$8,000,000,000''; and by inserting at the end of
the second proviso ``except for guarantees of loans by the
Federal Financing Bank''.
(b) Funds made available for the costs of direct loans and
loan guarantees for major non-NATO allies and the Indo-
Pacific region pursuant to section 2606 of division N of
Public Law 117-103, as amended by subsection (a), may only be
made available from funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' and available
balances from under such heading in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs: Provided, That such funds
may only be made available if the Secretary of State
certifies and reports to the appropriate congressional
committees, not less than 15 days prior to the obligation of
such funds, that such direct loan or loan guarantee is in the
national security interest of the United States, is being
provided in response to exigent circumstances, is addressing
a mutually agreed upon emergency requirement of the recipient
country, and the recipient country has a plan to repay such
loan: Provided further, That not less than 60 days after the
date of enactment of this Act, the Secretary of State shall
consult with such committees on the implementation of this
subsection.
(c) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the Budget
are designated as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 613. Funds appropriated under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' in this title in this Act may be made
available as contributions, following consultation with the
Committees on Appropriations.
Sec. 614. None of the funds appropriated or otherwise made
available by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for a contribution, grant, or
other payment to the United Nations Relief and Works Agency,
notwithstanding any other provision of law.
Sec. 615. (a) Certification.--The Secretary of State shall
certify and report to the appropriate congressional
committees not later than March 1, 2024, that--
(1) oversight policies, processes, and procedures have been
established by the Department of State and the United States
Agency for International Development, as appropriate, and are
in use to prevent the diversion, misuse, or destruction of
assistance, including through international organizations, to
Hamas and other terrorist and extremist entities in Gaza; and
(2) such policies, processes, and procedures have been
developed in coordination with other bilateral and
multilateral donors and the Government of Israel, as
appropriate.
(b) Oversight Policy and Procedures.--The Secretary of
State and the USAID Administrator shall submit to the
appropriate congressional committees, concurrent with the
submission of the certification required in subsection (a), a
written description of the oversight policies, processes, and
procedures for funds appropriated by this title that are made
available for assistance for Gaza, including specific actions
to be taken should such assistance be diverted, misused, or
destroyed, and the role of Israel in the oversight of such
assistance.
(c) Requirement to Inform.--The Secretary of State and
USAID Administrator shall promptly inform the appropriate
congressional committees of each instance in which funds
appropriated by this title that are made available for
assistance for Gaza have been diverted, misused, or
destroyed, to include the type of assistance, a description
of the incident and parties involved, and an explanation of
the response of the Department of State or USAID, as
appropriate.
(d) Third Party Monitoring.--Funds appropriated by this
title shall be made available for third party monitoring of
assistance for Gaza, including end use monitoring, following
consultation with the appropriate congressional committees.
(e) Offices of Inspectors General.--
(1) Department of state.--Of the funds appropriated by this
title under the heading ``Office of Inspector General'' for
the Department of State, $7,000,000 shall be made available
for the oversight and monitoring of assistance made available
for Gaza by this title and in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(2) United states agency for international development.--Of
the funds appropriated by this title under the heading
``Office of Inspector General'' for USAID, $3,000,000 shall
be made available for the oversight and monitoring of
assistance made available for Gaza by this title and in prior
Acts making appropriations for the Department of State,
foreign operations, and related programs.
(f) Report.--Not later than 90 days after the initial
obligation of funds appropriated by this title that are made
available for assistance for Gaza, and every 90 days
thereafter until all such funds are expended, the Secretary
of State and the USAID Administrator shall jointly submit to
the appropriate congressional committees a report detailing
the amount and purpose of such assistance provided during
each respective quarter, including a description of the
specific entity implementing such assistance.
(g) Assessment.--Not later than 90 days after the date of
enactment of this Act and every 90 days thereafter until
September 30, 2025, the Secretary of State, in consultation
with the Director of National Intelligence and other heads of
elements of the intelligence community that the Secretary
considers relevant, shall submit to the appropriate
congressional committees a report assessing whether funds
appropriated by this title and made available for assistance
for the West Bank and Gaza have been diverted by Hamas or
other terrorist and extremist entities in the West Bank and
Gaza: Provided, That such report shall include details on
the amount and how such funds were made available and used by
such entities: Provided further, That such report may be
submitted in classified form, if necessary.
(h) Consultation.--Not later than 30 days after the date of
enactment of this Act but prior to the initial obligation of
funds made available by this title for humanitarian
assistance for Gaza, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the
Committees on Appropriations on the amount and anticipated
uses of such funds.
Sec. 616. Prior to the initial obligation of funds made
available in this title in this Act, the Secretary of State,
USAID Administrator, and the Secretary of the Treasury, as
appropriate, shall submit to the Committees on
Appropriations--
(1) spend plans, as defined in section 7034(s)(4) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328),
at the country, account, and program level, for funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``Transition Initiatives'', ``Assistance for
Europe, Eurasia and Central Asia'', ``International Narcotics
Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Peacekeeping
Operations'', ``Foreign Military Financing Program'', and
``Contribution to the International Development
Association'': Provided, That plans submitted pursuant to
this paragraph shall include for each program notified--(A)
total funding made available for such program, by account and
fiscal year; (B) funding that remains unobligated for such
program from prior year base or supplemental appropriations;
(C) funding that is obligated but unexpended for such
program; and (D) funding committed, but not yet notified for
such program; and
(2) operating plans, as defined in section 7062 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328),
for funds appropriated by this title under the headings
``Diplomatic Programs'', ``Emergencies in the Diplomatic and
Consular Service'', and ``Operating Expenses''.
TITLE VII
GENERAL PROVISIONS--THIS ACT
Sec. 701. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 702. 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. 703. 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. 704. Not later than 45 days after the date of
enactment of this Act, the Secretary of State and the
Secretary of Defense, in consultation with the heads of other
relevant Federal agencies, as appropriate, shall submit to
the Committees on Appropriations, Armed Services, and Foreign
Relations of the Senate and the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of
Representatives a strategy regarding United States support
for Ukraine against aggression by the Russian Federation:
Provided, That such strategy shall be multi-year, establish
specific and achievable objectives, define and prioritize
United States national security interests, and include the
metrics to be used to measure progress in achieving such
objectives: Provided further, That such strategy shall
include an estimate, on a fiscal year-by-fiscal year basis,
of the resources required by the United States to achieve
such objectives, including to help hasten Ukrainian victory
against Russia's invasion forces in a manner most favorable
to United States interests and objectives, and a description
of the national security implications for the United
[[Page S452]]
States if those objectives are not met: Provided further,
That such strategy shall describe how each specific aspect of
U.S. assistance, including defense articles and U.S. foreign
assistance, is intended at the tactical, operational, and
strategic level to help Ukraine end the conflict as a
democratic, independent, and sovereign country capable of
deterring and defending its territory against future
aggression: Provided further, That such strategy shall
include a classified independent assessment from the
Commander, U.S. European Command, describing any specific
defense articles and services not yet provided to Ukraine
that would result in meaningful battlefield gains in
alignment with the strategy: Provided further, That such
strategy shall include a classified assessment from the
Chairman of the Joint Chiefs of Staff that the provision of
specific defense articles and services provided to Ukraine
does not pose significant risk to the defense capabilities of
the United States military: Provided further, That the Under
Secretary of Defense for Acquisition & Sustainment in
coordination with the Director, Cost Assessment and Program
Evaluation provide an assessment of the executability and a
production schedule for any specific defense articles
recommended by the Commander, U.S. European Command that
require procurement: Provided further, That such strategy
shall include information on support to the Government of the
Russian Federation from the Islamic Republic of Iran, the
People's Republic of China, and the Democratic People's
Republic of Korea, related to the Russian campaign in
Ukraine, and its impact on such strategy: Provided further,
That such strategy shall be updated not less than quarterly,
as appropriate, until September 30, 2025, and such updates
shall be submitted to such committees: Provided further,
That unless otherwise specified by this section, such
strategy shall be submitted in unclassified form but may
include a classified annex.
Sec. 705. (a) Not later than 45 days after the date of
enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, as appropriate, shall brief the appropriate
congressional committees, in classified form, if necessary,
on the status and welfare of hostages being held in Gaza.
(b) For purposes of this section, the term ``appropriate
congressional committees'' means the following:
(1) The Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate.
(2) The Select Committee on Intelligence of the Senate.
(3) The Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
(4) The Permanent Select Committee on Intelligence of the
House of Representatives.
Sec. 706. Funds appropriated by this Act for foreign
assistance (including foreign military sales), for the
Department of State, for broadcasting subject to supervision
of United States Agency for Global Media, and for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for the purposes
of section 10 of Public Law 91-672 (22 U.S.C. 2412), section
15 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
Sec. 707. 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. 708. 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 division may be cited as the ``National Security
Supplemental Appropriations Act, 2024''.
DIVISION B--FEND OFF FENTANYL ACT
SEC. 3001. SHORT TITLES.
This division may be cited as the ``Fentanyl Eradication
and Narcotics Deterrence Off Fentanyl'' or the ``FEND Off
Fentanyl Act''.
SEC. 3002. 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.
SEC. 3003. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Financial Services of the House of
Representatives; and
(D) the Committee on Foreign Affairs 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(8) of the Fentanyl Sanctions Act (21 U.S.C. 2302(8)).
(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.
TITLE I--SANCTIONS MATTERS
Subtitle A--Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
SEC. 3101. 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. 3102. 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 subtitle.
(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 subtitle 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;
[[Page S453]]
(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; and
(F) the implementation of mitigation procedures.
(2) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form, but may include
the matters required under subparagraphs (C), (D), (E), and
(F) of such paragraph in a classified annex.
SEC. 3103. 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, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), may 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. 3104. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subtitle or any regulation, license, or order issued to carry
out this subtitle 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 subtitle with respect to
a foreign person if the President determines that such waiver
is in the national security interest of the United States.
(c) Exceptions.--
(1) Exception for intelligence activities.--This subtitle
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
subtitle 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 subtitle 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. 3105. 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 subtitle;
(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 subtitle may be construed to affect
the treatment of blocked assets of a terrorist party
described in section 201(a) of the Terrorism Risk Insurance
Act of 2002 (28 U.S.C. 1610 note).
Subtitle B--Other Matters
SEC. 3111. 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 10 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 (c)
unless the indictment is found or the information is
instituted within 10 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 10 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 10 years after the latest date of the
violation upon which the indictment or information is
based.''.
SEC. 3112. 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. 3113. 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. 3114. 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.
TITLE II--ANTI-MONEY LAUNDERING MATTERS
SEC. 3201. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF
SANCTIONED PERSONS AS OF PRIMARY MONEY
LAUNDERING CONCERN.
(a) In General.--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
1 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
[[Page S454]]
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 such 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).''.
(b) Clerical Amendment.--The table of contents for the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is amended by inserting after the item
relating to section 7213 the following:
``Sec. 7213A. Designation of transactions of sanctioned persons as of
primary money laundering concern.''.
SEC. 3202. 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 under
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. 3203. 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 under 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).
TITLE III--EXCEPTION RELATING TO IMPORTATION OF GOODS
SEC. 3301. 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 division 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 IV--BUDGETARY EFFECTS
SEC. 3401. 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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