[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6113 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6113
Making emergency supplemental appropriations for assistance for the
situation in Israel for the fiscal year ending September 30, 2024, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2023
Mr. Banks (for himself, Mr. Waltz, and Mrs. Houchin) introduced the
following bill; which was referred to the Committee on Appropriations,
and in addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for assistance for the
situation in Israel for the fiscal year ending September 30, 2024, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2024, and for
other purposes, namely:
TITLE I
SUPPLEMENTAL APPROPRIATIONS FOR ISRAEL
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
operation and maintenance, defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
wide'', $4,400,000,000, to remain available until September 30, 2025,
to respond to the situation in Israel and for related expenses:
Provided, That amounts made available under this heading shall be
available for transfer to accounts under the headings ``Operation and
Maintenance'', ``Procurement'', ``Research, Development, Test, and
Evaluation'', and ``Revolving and Management Funds'' for replacement,
through new procurement or repair of existing unserviceable equipment,
of defense articles from the stocks of the Department of Defense, and
for reimbursement for defense services of the Department of Defense and
military education and training, provided to or identified for
provision to Israel or to foreign countries that have provided support
to Israel at the request of the United States: Provided further, That
amounts made available under this heading may also be transferred to
accounts under the heading ``Procurement'' for expansion of public and
private plants, including the land necessary therefor, and procurement
and installation of equipment, appliances, and machine tools in such
plants, for the purpose of increasing production of critical munitions:
Provided further, That amounts made available under this heading may
also be transferred to accounts under the heading ``Procurement'' and
``Research, Development, Test and Evaluation'' for the acquisition of
critical defense articles: Provided further, That funds transferred
pursuant to a transfer authority provided under this heading shall be
merged with and available for the same purposes and for the same time
period as the appropriations to which the funds are transferred:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of the details of such transfers not
less than 15 days before any such transfer: Provided further, That
upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided under
this heading, such amounts may be transferred back and merged with this
appropriation: Provided further, That amounts may be transferred
between appropriations made under this heading: Provided further, That
any transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That
such amount in this paragraph is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That such amounts shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$801,400,000, to remain available until September 30, 2026, to respond
to the situation in Israel and for related expenses: Provided, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
Procurement, Defense-wide
For an additional amount for ``Procurement, Defense-wide'',
$4,000,000,000, to remain available until September 30, 2027, for the
Secretary of Defense to provide to the Government of Israel for the
procurement of the Iron Dome and David's Sling defense systems to
counter short-range rocket threats: Provided, That such funds shall be
transferred pursuant to an exchange of letters and are in addition to
funds provided pursuant to the U.S.-Israel Iron Dome Procurement
Agreement, as amended: Provided further, That nothing under this
heading shall be construed to apply to amounts made available in prior
appropriations Acts for the procurement of the Iron Dome and David's
Sling defense systems: Provided further, That such amount is
designated by Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such amounts
shall be available only if the President designates such amount as an
emergency requirement pursuant to section 251(b)(2)(A).
Defense Production Act Purchases
For an additional amount for ``Defense Production Act Purchases'',
$198,600,000, to remain available until expended, for activities by the
Department of Defense pursuant to sections 108, 301, 302, and 303 of
the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and
4533): Provided, That such amounts shall be obligated and expended by
the Secretary of Defense as if delegated the necessary authorities
conferred by the Defense Production Act of 1950: Provided further,
That such amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Defense-wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-wide'', $1,200,000,000, to remain available until
September 30, 2026, for the Secretary of Defense to provide to the
Government of Israel for the development of the Iron Beam defense
system to counter short-range rocket threats: Provided, That such
funds shall be transferred pursuant to an exchange of letters:
Provided further, That nothing in the preceding proviso shall be
construed to apply to amounts made available in prior appropriations
Acts for the development of the Iron Beam defense system: Provided
further, That such amount is designated by Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amounts shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic programs'', $150,000,000,
to remain available until September 30, 2025, of which $50,000,000
shall be for responding to the situation in Israel and areas impacted
by the situation in Israel, and of which $100,000,000 shall be
available until expended for Worldwide Security Protection to respond
to the situation in Israel and areas impacted by the situation in
Israel: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the Diplomatic and
Consular Service'', $50,000,000, to remain available until September
30, 2025, to meet unforeseen emergencies arising in the diplomatic and
consular service: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only if the
President designates such amount as an emergency requirement pursuant
to section 251(b)(2)(A).
expanded transfer authority for consular and border security programs
During fiscal years 2024 and 2025, funds deposited in the consular
and border security programs account in any fiscal year that are
available for obligation may be transferred to, and merged with, funds
appropriated by any Act making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Diplomatic Programs'' (including for worldwide security protection),
``Embassy Security, Construction, and Maintenance'', and ``Emergencies
in the Diplomatic and Consular Service'', for emergency evacuations or
to prevent or respond to security situations and requirements:
Provided, That any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the Committee on
Appropriations of the Senate and the House of Representatives:
Provided further, That such transfer authority is in addition to any
transfer authority otherwise available in this Act and under any other
provision of law.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $3,500,000,000, to remain available until September 30,
2025, which shall be for responding to the situation in Israel and
related expenses: Provided, That funds made available under this
heading in this Act and Acts making appropriations for the Department
of State, foreign operations, and related programs for fiscal year
2024, and prior fiscal years, in addition to funds otherwise available
for such purposes, may be used by the Department of State for necessary
expenses for the general costs of administering military assistance and
sales, including management and oversight of such programs and
activities: Provided further, That direct loans made using amounts
described in the preceding proviso may be made notwithstanding any
provision of law limiting the interest rate charged to borrowers:
Provided further, That loan guarantees made using amounts described in
the second proviso under this heading for loans financed by the Federal
Financing Bank may be provided notwithstanding any provision of law
limiting the percentage of loan principal that may be guaranteed:
Provided further, That, to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available
for Israel under this heading shall, as agreed by the United States and
Israel, be available for advanced weapons systems, of which up to
$3,500,000,000 may be available for the procurement in Israel of
defense articles and defense services: Provided further, That any
congressional notification requirement applicable to funds made
available under this heading for Israel may be waived if a
determination is made that extraordinary circumstances exist that
impact the national security of the United States: Provided further,
That such amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates such amount
as an emergency requirement pursuant to section 251(b)(2)(A).
TITLE II
GENERAL PROVISIONS
SEC. 201. DRAWDOWN AUTHORITY.
(a) In General.--Section 506(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2318(a)) is amended by adding at the end the following
new paragraph:
``(4) For fiscal year 2024, in addition to amounts
otherwise specified in this section, the President may direct
the drawdown of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate
value not to exceed $7,000,000,000, to be provided to
Israel.''.
(b) National Interest.--Section 506(a)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2318(a)(2)) is amended by adding at the end the
following new subparagraph:
``(C) For fiscal year 2024, in addition to amounts
otherwise specified in this section, an aggregate value not to
exceed $200,000,000 of any such articles, services, and
military education and training may be provided to Israel
pursuant to subparagraph (A) of this paragraph, not more than
$75,000,000 of which may be provided from the drawdown from the
inventory and resources of the Department of Defense.''.
(c) Emergency Transfer of Funds.--Section 552(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348a(c)) is amended by adding at the
end the following: ``For fiscal year 2024, in addition to the aggregate
value of $25,000,000 authorized in the text in paragraph (1) designated
as paragraph (2) of the sentence preceding the immediately preceding
sentence, the President may direct the drawdown of commodities and
services from the inventory and resources of any agency of the United
States Government for the purposes of providing necessary and immediate
assistance to Israel of a value not to exceed $25,000,000.''.
(d) Special Authorities.--Section 614(a)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2364(a)(4)) is amended by adding at
the end the following new subparagraph:
``(D) Notwithstanding the limitations in this subsection
and in addition to other amounts in this subsection, in fiscal
year 2024, the authority of this subsection may be used to
authorize the use of up to $1,000,000,000 of funds made
available for use under this chapter or the Arms Export Control
Act (22 U.S.C. 2751 et seq.), to be provided to Israel.''.
(e) Transfer of Funds.--During fiscal year 2024, section 610(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2360) shall be applied by
substituting ``20 per centum'' for ``10 per centum'' and ``40 per
centum'' for ``20 per centum''.
SEC. 202. DEPARTMENT OF DEFENSE STOCKPILES.
Section 12001 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287), as amended by Public Law 115-141, is amended as
follows:
(1) in paragraph (2) of subsection (a), by striking
``armor'' and all that follows through the period at the end
and inserting ``defense articles that are in the inventory of
the Department of Defense as of the date of transfer, are
intended for use as reserve stocks for Israel, and are located
in a stockpile for Israel as of the date of transfer.'';
(2) in subsection (b), by striking ``at least equal to the
fair market value of the items transferred'' and inserting ``in
an amount to be determined by the Secretary of Defense''; and
(3) in subsection (c), by inserting after ``authority of
this section'' the following: ``, or as far in advance of such
transfer as is practicable as determined by the President on a
case-by-case basis during extraordinary circumstances impacting
the national security of the United States''.
SEC. 203. FISCAL YEAR LIMITS ON NEW STOCKPILES OR ADDITIONS TO EXISTING
STOCKPILES LOCATED IN FOREIGN COUNTRIES.
For fiscal year 2024, section 514(b) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)) shall not apply to defense articles to be
set aside, earmarked, reserved, or intended for use as reserve stocks
in stockpiles in the State of Israel.
SEC. 204. GENERAL AUTHORITIES AND CONDITIONS.
Unless otherwise provided for by this Act, the additional amounts
appropriated to appropriations accounts in this Act shall be available
under the authorities and conditions applicable to such appropriations
accounts for fiscal year 2024.
SEC. 205. LIMITATIONS.
None of the amounts appropriated or otherwise made available by
this Act may be obligated or expended--
(1) in connection with the war in Ukraine; or
(2) for assistance to any entity that is--
(A) located in the territory of Gaza; or
(B) is controlled or influenced by Hamas,
Palestinian Islamic Jihad, or any other organization
designated by the Secretary of State as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 206. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to constitute a specific
statutory authorization for the introduction of United States Armed
Forces into hostilities or into situations wherein hostilities are
clearly indicated by the circumstances.
SEC. 207. SHORT TITLE.
This Act may be cited as the ``Israel Supplemental Appropriations
Act of 2023''.
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