[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7113 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7113
Making emergency supplemental appropriations in line with the
President's request in response to the ongoing attack on Ukraine's
sovereignty by Russia and in response to the attacks in Israel for the
fiscal year ending September 30, 2024, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2024
Mr. Moskowitz 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 in line with the
President's request in response to the ongoing attack on Ukraine's
sovereignty by Russia and in response to the attacks 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, 2022, and for
other purposes, namely:
DIVISION A--SUPPLEMENTAL FUNDING FOR UKRAINE
TITLE I--DEPARTMENT OF DEFENSE
MILITARY PROGRAMS
Military Personnel
military personnel, army
For an additional amount for ``Military Personnel, Army'',
$184,029,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses, including special
pay. 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).
military personnel, marine corps
For an additional amount for ``Military Personnel, Marine Corps'',
$3,143,000, to remain available until September 30, 2024, to respond to
the situation in Ukraine and for related expenses, including special
pay. 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).
military personnel, air force
For an additional amount for ``Military Personnel, Air Force'',
$20,700,000, to remain available until September 30, 2024, to respond
to the situation in Ukraine and for related expenses, including special
pay. 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).
military personnel, space force
For an additional amount for ``Military Personnel, Space Force'',
$3,724,000, to remain available until September 30, 2024, to respond to
the situation in Ukraine and for related expenses, including special
pay. 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).
OPERATION AND MAINTENANCE
operation and maintenance, army
For an additional amount for ``Operation and Maintenance, Army'',
$4,621,610,000, 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 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).
operation and maintenance, navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,157,063,000, 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 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).
operation and maintenance, marine corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $61,336,000, 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 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).
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance, Air
Force'', $797,870,000, 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 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).
operation and maintenance, space force
For an additional amount for ``Operation and Maintenance, Space
Force'', $7,500,000, 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 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).
operation and maintenance, defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $30,657,640,000, to remain available until September 30, 2024,
to respond to the situation in Ukraine and for related expenses:
Provided, That of the total amount provided under this heading,
$12,000,000,000, to remain available until September 30, 2026, 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
amounts made available under this heading in this Act shall be
available to the Secretary of Defense, with concurrence from the
Secretary of State, to provide funding to the recipients of Ukraine
Security Assistance Initiative support identified in section 8110 of
the Department of Defense Appropriations Act, 2023 and to provide
funding to international trust funds or entities operating for the
purpose of providing support to such recipients: Provided further, That
of the total amount provided under this heading, up to $18,000,000,000,
to remain available until September 30, 2026, may be transferred 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 the government of Ukraine
or to foreign countries that have provided support to Ukraine 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 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 herein, such amounts may be transferred back and
merged with this appropriation: Provided further, That up to
$4,000,000,000 of the funds made available under this heading may be
transferred between the Ukraine Security Assistance Initiative and the
funds provided for the replacement of defense articles: Provided
further, That transfer authority provided under this heading is in
addition to any other transfer authority provided by law: Provided
further, 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
missile procurement, army
For an additional amount for ``Missile Procurement, Army'',
$846,226,000, 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 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 of ammunition, army
For an additional amount for ``Procurement of Ammunition, Army'',
$2,510,300,000, 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 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).
weapons procurement, navy
For an additional amount for ``Weapons Procurement, Navy'',
$117,500,000, 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 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 of ammunition, navy and marine corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $175,000,000, 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 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).
other procurement, navy
For an additional amount for ``Other Procurement, Navy'',
$26,000,000, 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 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).
aircraft procurement, air force
For an additional amount for ``Aircraft Procurement, Air Force'',
$1,750,000, 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 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).
other procurement, air force
For an additional amount for ``Other Procurement, Air Force'',
$2,646,928,000, 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 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'',
$46,780,000, 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 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, army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $16,518,000, 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
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, navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $12,281,000, 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
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, air force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $361,411,000, 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 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, defense-wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $172,451,000, 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 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).
GENERAL PROVISIONS-THIS TITLE
Sec. 1001. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,000,000,000 between the appropriations or funds made available to
the Department of Defense in this Act: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this paragraph: Provided further, That the authority
provided in this paragraph is in addition to any other 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.
Sec. 1002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $1,000,000,000 of the funds made available to the Director of
National Intelligence for the National Intelligence Program in this Act
between such appropriations or funds or any subdivision thereof, to be
merged with and to be available for the same purposes, and for the same
time period, as the appropriation or fund to which the amount is
transferred: Provided, That the Director of National Intelligence shall
notify the Congress promptly of all transfers made pursuant to this
authority: Provided further, That the transfer authority provided by
this paragraph is in addition to any transfer authority otherwise
provided by law.
TITLE II--DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY
NATIONAL NUCLEAR SECURITY ADMINISTRATION
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 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).
defense nuclear nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$143,915,000, to remain available until expended, to respond to the
situation in Ukraine 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).
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
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 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).
DIVISION B--SUPPLEMENTAL FUNDING FOR ISRAEL
DEPARTMENT OF DEFENSE-MILITARY PROGRAMS
OPERATIONS 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 by 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 therefore, 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 of 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 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 amounts shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
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 the 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 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).
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 the 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).
GENERAL PROVISIONS-THIS DIVISION
Sec. 2001. Section 12001 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287), as amended by Public Law
115-141, is amended as follows:
(1) In paragraph (2) of subsection (a), by striking ``armor'' and
all that follows through the end of the paragraph and inserting
``defense articles that are in the inventory of the Department of
Defense as of the date of transfer, are intended for use as reserve
stocks for Israel, and are located in a stockpile for Israel as of the
date of transfer'';
(2) In subsection (b), by striking ``at least equal to the fair
market value of the items transferred'' and inserting ``in an amount to
be determined by the Secretary of Defense''; and
(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. 2002. 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.
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