[Congressional Record Volume 170, Number 22 (Wednesday, February 7, 2024)]
[Senate]
[Pages S455-S460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1390. Mr. SANDERS (for himself and Mr. Welch) submitted an
amendment intended to be proposed to amendment SA 1388 submitted by
Mrs. Murray (for herself and Mr. Schumer) and intended to be proposed
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:
Beginning on page 6, strike line 24 and all that follows
through page 56, line 13, and insert the following:
(including transfers of funds)
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $29,830,780,000, to remain available until
December 31, 2024, to respond to the situations in 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 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 two provisos shall be merged with
and available for the same purposes and for the same time
period as the appropriations to which the funds are
transferred: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of the
details of such transfers not less than 15 days before any
such transfer: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back and merged with
this appropriation: Provided further, That any transfer
authority provided herein is in addition to any other
transfer authority provided by law: Provided further, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$2,742,757,000, to remain available until September 30, 2026,
to respond to the situation in Ukraine and for related
expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $5,612,900,000, 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, $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
[[Page S456]]
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'',
$4,046,780,000, to remain available until September 30, 2026,
to respond to the situations in Israel and Ukraine and for
related expenses: Provided, That of the total amount
provided under this heading in this Act, $4,000,000,000 shall
be for the Secretary of Defense to provide to the Government
of Israel for the procurement of the Iron Dome and David's
Sling defense systems to counter short-range rocket threats:
Provided further, That funds in the preceding provisos shall
be transferred pursuant to an exchange of letters and are in
addition to funds provided pursuant to the U.S.-Israel Iron
Dome Procurement Agreement, as amended: Provided further,
That nothing under this heading in this Act shall be
construed to apply to amounts made available in prior
appropriations Acts for the procurement of the Iron Dome and
David's Sling defense systems or for the procurement of the
Iron Beam defense system: Provided further, That 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.
[[Page S457]]
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.
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
[[Page S458]]
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 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
[[Page S459]]
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.
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'', $3,600,000,000, to remain available until
September 30, 2025: Provided, 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. 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. 606. 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. 607. (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. 608. 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. 609. 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.
Sec. 610. (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
[[Page S460]]
``$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. 611. 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. 612. (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. 613. 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''.
______