[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 815 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
February 13 (legislative day, February 12), 2024.
Resolved, That the bill from the House of Representatives (H.R.
815) entitled ``An Act 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.'', do pass with the
following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Act, 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--NATIONAL SECURITY SUPPLEMENTAL APPROPRIATIONS ACT, 2024
DIVISION B--FEND OFF FENTANYL ACT
Title I--Sanctions matters
Title II--Anti-money laundering matters
Title III--Exception relating to importation of goods
Title IV--Budgetary effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--NATIONAL SECURITY SUPPLEMENTAL APPROPRIATIONS ACT, 2024
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2024, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$207,158,000, to remain available until December 31, 2024, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$3,538,000, to remain available until December 31, 2024, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$23,302,000, to remain available until December 31, 2024, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space Force'',
$4,192,000, to remain available until December 31, 2024, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$4,887,581,000, to remain available until December 31, 2024, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,534,163,000, to remain available until December 31, 2024, to respond
to the situation in Ukraine, to support improvements to the submarine
industrial base, and for related expenses: Provided, That of the total
amount provided under this heading in this Act, $976,405,000 shall be
to respond to the situation in Ukraine and for related expenses:
Provided further, That of the total amount provided under this heading
in this Act, $557,758,000, to remain available until September 30,
2024, shall be to support improvements to the submarine industrial base
and for related expenses: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $69,045,000, to remain available until December 31, 2024, to
respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $846,869,000, to remain available until December 31, 2024, to
respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $8,443,000, to remain available until December 31, 2024, to
respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
(including transfers of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $34,230,780,000, to remain available until December 31, 2024,
to respond to the situations in Israel, Ukraine, and Taiwan and for
related expenses: Provided, That of the total amount provided under
this heading in this Act, $13,772,460,000, to remain available until
September 30, 2025, shall be for the Ukraine Security Assistance
Initiative: Provided further, That such funds for the Ukraine Security
Assistance Initiative shall be available to the Secretary of Defense
under the same terms and conditions as are provided for under this
heading in the Additional Ukraine Supplemental Appropriations Act, 2023
(division M of Public Law 117-328), and shall be available
notwithstanding section 8135 of the Department of Defense
Appropriations Act, 2023 (division C of Public Law 117-328) or any
similar provision in any other Act making appropriations for the
Department of Defense: Provided further, That of the total amount
provided under this heading in this Act, up to $4,400,000,000, to
remain available until September 30, 2025, may be transferred to
accounts under the headings ``Operation and Maintenance'',
``Procurement'', and ``Revolving and Management Funds'' for
replacement, through new procurement or repair of existing
unserviceable equipment, of defense articles from the stocks of the
Department of Defense, and for reimbursement for defense services of
the Department of Defense and military education and training, provided
to or identified for provision to the Government of Israel or to
foreign countries that have provided support to Israel at the request
of the United States: Provided further, That up to $13,414,432,000, to
remain available until September 30, 2025, may be transferred to
accounts under the headings ``Operation and Maintenance'',
``Procurement'', and ``Revolving and Management Funds'' for
replacement, through new procurement or repair of existing
unserviceable equipment, of defense articles from the stocks of the
Department of Defense, and for reimbursement for defense services of
the Department of Defense and military education and training, provided
to or identified for provision to the Government of Ukraine or to
foreign countries that have provided support to Ukraine at the request
of the United States: Provided further, That up to $1,900,000,000, to
remain available until September 30, 2025, may be transferred to
accounts under the headings ``Operation and Maintenance'',
``Procurement'', and ``Revolving and Management Funds'' for
replacement, through new procurement or repair of existing
unserviceable equipment, of defense articles from the stocks of the
Department of Defense, and for reimbursement for defense services of
the Department of Defense and military education and training, provided
to or identified for provision to the Government of Taiwan or to
foreign countries that have provided support to Taiwan at the request
of the United States: Provided further, That funds transferred
pursuant to the preceding three provisos shall be merged with and
available for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees of the details of such transfers not less than 15 days
before any such transfer: Provided further, That upon a determination
that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back and merged with this appropriation: Provided further,
That any transfer authority provided herein is in addition to any other
transfer authority provided by law: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$2,742,757,000, to remain available until September 30, 2026, to
respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$6,414,300,000, to remain available until September 30, 2026, to
respond to the situations in Israel and Ukraine and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, $801,400,000 shall be to respond to the situation
in Israel and for related expenses: Provided further, That of the
total amount provided under this heading in this Act, $5,612,900,000
shall be to respond to the situation in Ukraine and for related
expenses: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$308,991,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$706,976,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Shipbuilding and Conversion, Navy
For an additional amount for ``Shipbuilding and Conversion, Navy'',
$2,155,000,000, to remain available until September 30, 2028, to
support improvements to the submarine industrial base and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, funds shall be available as follows:
Columbia Class Submarine (AP), $1,955,000,000; and
Virginia Class Submarine (AP), $200,000,000:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$319,570,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine, to support improvements to the submarine
industrial base, and for related expenses: Provided, That of the total
amount provided under this heading in this Act, $26,000,000 shall be to
respond to the situation in Ukraine and for related expenses: Provided
further, That of the total amount provided under this heading in this
Act, $293,570,000 shall be to support improvements to the submarine
industrial base and for related expenses: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$212,443,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$366,001,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,808,678,000, to remain available until September 30, 2026, to
respond to the situation in Ukraine and for other expenses: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$5,246,780,000, to remain available until September 30, 2026, to
respond to the situations in Israel and Ukraine and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, $4,000,000,000 shall be for the Secretary of
Defense to provide to the Government of Israel for the procurement of
the Iron Dome and David's Sling defense systems to counter short-range
rocket threats: Provided further, That of the total amount provided
under this heading in this Act, $1,200,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel for the
procurement of the Iron Beam defense system to counter short-range
rocket threats: Provided further, That funds in the preceding provisos
shall be transferred pursuant to an exchange of letters and are in
addition to funds provided pursuant to the U.S.-Israel Iron Dome
Procurement Agreement, as amended: Provided further, That nothing
under this heading in this Act shall be construed to apply to amounts
made available in prior appropriations Acts for the procurement of the
Iron Dome and David's Sling defense systems or for the procurement of
the Iron Beam defense system: Provided further, That of the total
amount provided under this heading in this Act, $46,780,000 shall be to
respond to the situation in Ukraine and for related expenses: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Defense Production Act Purchases
For an additional amount for ``Defense Production Act Purchases'',
$331,200,000, to remain available until expended, for activities by the
Department of Defense pursuant to sections 108, 301, 302, and 303 of
the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and
4533): Provided, That such amounts shall be obligated and expended by
the Secretary of Defense as if delegated the necessary authorities
conferred by the Defense Production Act of 1950: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $18,594,000, to remain available until September
30, 2025, to respond to the situation in Ukraine and for related
expenses: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $20,825,000, to remain available until September
30, 2025, to respond to the situation in Ukraine, to support
improvements to the submarine industrial base, and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, $13,825,000 shall be to respond to the situation
in Ukraine and for related expenses: Provided further, That of the
total amount provided under this heading in this Act, $7,000,000 shall
be to support improvements to the submarine industrial base and for
related expenses: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $406,834,000, to remain available until
September 30, 2025, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $194,125,000, to remain available until
September 30, 2025, to respond to the situation in Ukraine and for
related expenses: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$8,000,000, to remain available until December 31, 2024, which shall be
for operation and maintenance of the Office of the Inspector General,
including the Special Inspector General for Operation Atlantic Resolve,
to carry out reviews of the activities of the Department of Defense to
execute funds appropriated in this Act, including assistance provided
to Ukraine: Provided, That the Inspector General of the Department of
Defense shall provide to the congressional defense committees a
briefing not later than 90 days after the date of enactment of this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community Management
Account'', $2,000,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 101. (a) Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Director of the Office of Management and
Budget, transfer up to $1,000,000,000 only between the appropriations
or funds made available in this title to the Department of Defense to
respond to the situation in Ukraine and for related expenses:
Provided, That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this subsection: Provided
further, That such authority is in addition to any transfer authority
otherwise provided by law and is subject to the same terms and
conditions as the authority provided in section 8005 of the Department
of Defense Appropriations Act, 2023, or any similar provision in any
subsequent Act making appropriations for the Department of Defense for
Fiscal Year 2024, except for monetary limitations concerning the amount
of authority available.
(b) Upon the determination by the Director of National Intelligence
that such action is necessary in the national interest, the Director
may, with the approval of the Director of the Office of Management and
Budget, transfer up to $250,000,000 only between the appropriations or
funds made available in this title for the National Intelligence
Program: Provided, That the Director of National Intelligence shall
notify the Congress promptly of all transfers made pursuant to the
authority in this subsection: Provided further, That such authority is
in addition to any transfer authority otherwise provided by law and is
subject to the same terms and conditions as the authority provided in
section 8093 of the Department of Defense Appropriations Act, 2023, or
any similar provision in any subsequent Act making appropriations for
the Department of Defense for Fiscal Year 2024, except for monetary
limitations concerning the amount of authority available.
Sec. 102. Not later than 60 days after the date of enactment of
this Act, the Secretary of Defense, in coordination with the Secretary
of State, shall submit a report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate on measures being taken to account for United States
defense articles designated for Ukraine since the February 24, 2022,
Russian invasion of Ukraine, particularly measures with regard to such
articles that require enhanced end-use monitoring; measures to ensure
that such articles reach their intended recipients and are used for
their intended purposes; and any other measures to promote
accountability for the use of such articles: Provided, That such
report shall include a description of any occurrences of articles not
reaching their intended recipients or used for their intended purposes
and a description of any remedies taken: Provided further, That such
report shall be submitted in unclassified form, but may be accompanied
by a classified annex.
Sec. 103. Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter through fiscal year 2025, the
Secretary of Defense, in coordination with the Secretary of State,
shall provide a written report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate describing United States security assistance provided to
Ukraine since the February 24, 2022, Russian invasion of Ukraine,
including a comprehensive list of the defense articles and services
provided to Ukraine and the associated authority and funding used to
provide such articles and services: Provided, That such report shall
be submitted in unclassified form, but may be accompanied by a
classified annex.
Sec. 104. For an additional amount for the Department of Defense,
$2,440,000,000, to remain available until September 30, 2024, for
transfer to military personnel accounts, operation and maintenance
accounts, procurement accounts, research, development, test and
evaluation accounts, and the Defense Working Capital Funds, in addition
to amounts otherwise made available for such purpose, only for U.S.
operations, force protection, deterrence, and the replacement of combat
expenditures in the United States Central Command region: Provided,
That none of the funds provided under this section may be obligated or
expended until 30 days after the Secretary of Defense provides to the
congressional defense committees an execution plan: Provided further,
That not less than 15 days prior to any transfer of funds, the
Secretary of Defense shall notify the congressional defense committees
of the details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for the same
purposes, and for the same time period, as the appropriation to which
transferred: Provided further, That any transfer authority provided
herein is in addition to any other transfer authority provided by law:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 105. For an additional amount for the Department of Defense,
$542,400,000, to remain available until September 30, 2024, for
transfer to operation and maintenance accounts, procurement accounts,
and research, development, test and evaluation accounts, in addition to
amounts otherwise made available for such purpose, only for unfunded
priorities of the United States Indo-Pacific Command for fiscal year
2024 (as submitted to Congress pursuant to section 1105 of title 31,
United States Code): Provided, That none of the funds provided under
this section may be obligated or expended until 30 days after the
Secretary of Defense, through the Under Secretary of Defense
(Comptroller), provides the Committees on Appropriations of the House
of Representatives and the Senate a detailed execution plan for such
funds: Provided further, That not less than 15 days prior to any
transfer of funds, the Secretary of Defense shall notify the
congressional defense committees of the details of any such transfer:
Provided further, That upon transfer, the funds shall be merged with
and available for the same purposes, and for the same time period, as
the appropriation to which transferred: Provided further, That any
transfer authority provided herein is in addition to any other transfer
authority provided by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'', $98,000,000, to remain
available until expended, for acquisition, distribution, and equipment
for development and production of medical, stable, and radioactive
isotopes: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$143,915,000, to remain available until September 30, 2025, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Salaries and Expenses
For an additional amount for ``Federal Salaries and Expenses'',
$5,540,000, to remain available until September 30, 2025, to respond to
the situation in Ukraine and for related expenses: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
(including transfer of funds)
Sec. 201. (a) Of the unobligated balances from amounts previously
appropriated under the heading ``Department of Energy--Energy
Programs--Nuclear Energy'' in division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) that were made available
for fiscal years 2022, 2023, and 2024, up to $2,720,000,000 shall be
available, in addition to amounts otherwise available, for necessary
expenses to carry out the Nuclear Fuel Security Act of 2023 (section
3131 of the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31)): Provided, That if insufficient unobligated
balances are available from such fiscal year 2022, 2023, and 2024
amounts to fund a total amount for such purpose of up to
$2,720,000,000, then up to $800,000,000 from amounts previously
appropriated under the heading ``Department of Energy--Energy
Programs--Nuclear Energy'' in division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) that are made available for
fiscal year 2025, may be made available, in additional to amounts
otherwise available, for such purpose to meet such total amount:
Provided further, That amounts repurposed pursuant to this section may
be transferred to ``Department of Energy--Energy Programs--American
Energy Independence Fund'' in either fiscal year 2024 or fiscal year
2025: Provided further, That amounts repurposed or transferred by this
section shall be subject to the same authorities and conditions as if
such section were included in the Department of Energy title of the
Energy and Water Development and Related Agencies Appropriations Act
for fiscal year 2024: Provided further, That the Secretary of Energy
may use the amounts repurposed, transferred, or otherwise made
available pursuant to this section to enter into and perform such
contracts, leases, cooperative agreements, or other similar
transactions with public agencies and private organizations and
persons, as authorized by section 646(a) of the Department of Energy
Organization Act (42 U.S.C. 7256(a)), for such periods of time and
subject to such terms and conditions as the Secretary deems
appropriate, without regard to section 161(u) of Atomic Energy Act of
1954 (42 U.S.C. 2201(u)): Provided further, That notwithstanding 31
U.S.C. 3302, receipts from the sale or transfer of LEU and HALEU or
from any other transaction in connection with the amounts repurposed,
transferred, or otherwise made available pursuant to this section shall
hereafter be credited to the ``American Energy Independence Fund'' as
discretionary offsetting collections and shall be available, for the
same purposes as funds repurposed or transferred pursuant to this
section, to the extent and in the amounts provided in advance in
appropriations Acts: Provided further, That receipts may hereafter be
collected from transactions entered into pursuant to section
2001(a)(2)(F)(iii) of the Energy Act of 2020 (42 U.S.C.
16281(a)(2)(F)(iii)) and, notwithstanding 31 U.S.C. 3302, receipts from
any transaction entered into pursuant to section 2001(a)(2)(F)(ii) and
(iii) of such Act (42 U.S.C. 16281(a)(2)(F)(ii) and (iii)) shall
hereafter be credited to the ``American Energy Independence Fund'' as
discretionary offsetting collections and shall be available, for the
same purposes as funds repurposed or transferred pursuant to this
section, to the extent and in the amounts provided in advanced in
appropriations Acts: Provided further, That the Secretary of Energy
may use funds repurposed, transferred, or otherwise made available
pursuant to this section for a commitment only if the full extent of
the anticipated costs stemming from that commitment is recorded as an
obligation at the time that the commitment is made and only to the
extent that up-front obligation is recorded in full at that time:
Provided further, That amounts repurposed or transferred pursuant to
this section that were previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on the Budget
are designated as an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
(b) Amounts may not be repurposed or transferred pursuant to this
section until a law is enacted or administrative action is taken to
prohibit or limit importation of LEU and HALEU from the Russian
Federation or by a Russian entity into the United States.
(c) The Nuclear Fuel Security Act of 2023 (section 3131 of the
National Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31)) is amended--
(1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as
follows:
``(i) may not make commitments under this
subsection (including cooperative agreements
(used in accordance with section 6305 of title
31, United States Code), purchase agreements,
guarantees, leases, service contracts, or any
other type of commitment) for the purchase or
other acquisition of HALEU or LEU unless funds
are specifically provided for those purposes in
advance in appropriations Acts enacted after
the date of enactment of this Act; and''; and
(2) in subjection (j) to read as follows:
``(j) Reasonable Compensation.--In carrying out activities under
this section, the Secretary shall ensure that any LEU and HALEU made
available by the Secretary under 1 or more of the Programs is subject
to reasonable compensation, taking into account the fair market value
of the LEU or HALEU and the purposes of this section.''.
TITLE III
DEPARTMENT OF HOMELAND SECURITY
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
operations and support
For an additional amount for ``Federal Emergency Management
Agency--Operations and Support'', $10,000,000, to remain available
until September 30, 2027, for necessary expenses related to the
administration of nonprofit security grants: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
federal assistance
For an additional amount for ``Federal Emergency Management
Agency--Federal Assistance'', $390,000,000, of which $160,000,000 shall
remain available until September 30, 2024, and $230,000,000 shall
remain available until September 30, 2026, for Nonprofit Security Grant
Program under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a) for eligible nonprofit organizations to prevent, prepare
for, protect against, and respond to acts of terrorism or other
threats: Provided, That the Administrator of the Federal Emergency
Management Agency shall make programmatic adjustments as necessary to
expedite the disbursement of, and provide flexibility in the use of,
amounts made available under this heading in this Act: Provided
further, That notwithstanding any provision of 6 U.S.C. 609a, and in
addition to amounts available under 6 U.S.C. 609a(c)(2), the
Administrator of the Federal Emergency Management Agency may permit a
State to use up to two percent of a grant awarded under this heading in
this Act to provide outreach and technical assistance to eligible
nonprofit organizations to assist them with applying for Nonprofit
Security Grant Program awards under this heading in this Act: Provided
further, That such outreach and technical assistance should prioritize
rural and underserved communities and nonprofit organizations that are
traditionally underrepresented in the Program: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE IV
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$481,000,000, to remain available until September 30, 2025, for refugee
and entrant assistance activities authorized by section 414 of the
Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980: Provided, That amounts made
available under this heading in this Act may be used for grants or
contracts with qualified organizations, including nonprofit entities,
to provide culturally and linguistically appropriate services,
including wraparound services, housing assistance, medical assistance,
legal assistance, and case management assistance: Provided further,
That amounts made available under this heading in this Act may be used
by the Director of the Office of Refugee Resettlement (Director) to
issue awards or supplement awards previously made by the Director:
Provided further, That the Director, in carrying out section
412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1552(c)(1)(A)) with amounts made available under this heading in this
Act, may allocate such amounts among the States in a manner that
accounts for the most current data available: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 401. Section 401(a)(1)(A) of the Additional Ukraine
Supplemental Appropriations Act, 2022 (Public Law 117-128) is amended
by striking ``September 30, 2023'' and inserting ``September 30,
2024'': Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE V
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $281,914,000, to remain available until September 30,
2028, to support improvements to the submarine industrial base and for
related expenses: Provided, That not later than 60 days after the date
of enactment of this Act, the Secretary of the Navy, or their designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for funds provided
under this heading in this Act: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE VI
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $210,000,000,
to remain available until September 30, 2025, to respond to the
situations in Israel and Ukraine and areas and countries impacted by
the situations in Israel and Ukraine: Provided, That of the total
amount provided under this heading in this Act, $100,000,000, to remain
available until expended, shall be for Worldwide Security Protection,
including to respond to the situation in Israel and areas impacted by
the situation in Israel: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$12,000,000, to remain available until September 30, 2025: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the Diplomatic and
Consular Service'', $50,000,000, to remain available until expended, to
meet unforeseen emergencies arising in the Diplomatic and Consular
Service, as authorized: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $39,000,000,
to remain available until September 30, 2025, to respond to the
situations in Israel and Ukraine and countries impacted by the
situations in Israel and Ukraine: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$13,000,000, to remain available until September 30, 2025: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$5,655,000,000, to remain available until expended, to address
humanitarian needs in response to the situations in Israel and Ukraine,
including the provision of emergency food and shelter, and for
assistance for other vulnerable populations and communities: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$25,000,000, to remain available until expended, for assistance for
Ukraine and countries impacted by the situation in Ukraine: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$7,899,000,000, to remain available until September 30, 2025:
Provided, That of the total amount provided under this heading in this
Act, $7,849,000,000 shall be for assistance for Ukraine, which may
include budget support and which may be made available notwithstanding
any other provision of law that restricts assistance to foreign
countries: Provided further, That none of the funds made available for
budget support pursuant to the preceding proviso may be made available
for the reimbursement of pensions: Provided further, That of the total
amount provided under this heading in this Act, $50,000,000 shall be to
prevent and respond to food insecurity: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $1,575,000,000, to remain available until September 30,
2025, for assistance and related programs for Ukraine and other
countries identified in section 3 of the FREEDOM Support Act (22 U.S.C.
5801) and section 3(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5402(c)): Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$3,495,000,000, to remain available until expended, to address
humanitarian needs and assist refugees in response to the situations in
Israel and Ukraine, and for assistance for other vulnerable populations
and communities: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $375,000,000, to remain available until September
30, 2025: Provided, That of the total amount provided under this
heading in this Act, $300,000,000 shall be for assistance for Ukraine
and countries impacted by the situation in Ukraine: Provided further,
That funds made available in the preceding proviso may be made
available to support the State Border Guard Service of Ukraine and
National Police of Ukraine, including units supporting or under the
command of the Armed Forces of Ukraine: Provided further, That of the
total amount provided under this heading in this Act, $75,000,000 shall
be for assistance for the Middle East, following consultation with the
appropriate congressional committees, including to enhance law
enforcement capabilities, counter terrorism, combat narcotics
trafficking, and meet other critical partner requirements: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $100,000,000, to remain available
until September 30, 2025, for assistance for Ukraine and countries
impacted by the situation in Ukraine: Provided, That not later than 60
days after the date of enactment of this Act, the Secretary of State
shall consult with the Committees on Appropriations on the
prioritization of demining efforts and how such efforts will be
coordinated with development activities: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$10,000,000, to remain available until September 30, 2025, for a United
States contribution to the Multinational Force and Observers mission in
the Sinai to enhance force protection capabilities: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $7,100,000,000, to remain available until September 30,
2025: Provided, That of the total amount provided under this heading
in this Act, $3,500,000,000 shall be for assistance for Israel and for
related expenses: Provided further, That to the extent that the
Government of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading in this Act shall,
as agreed by the United States and Israel, be available for advanced
weapons systems, of which up to $769,300,000 may be available for the
procurement in Israel of defense articles and defense services:
Provided further, That the limitation in the preceding proviso may be
exceeded, if agreed by the United States and Israel, following
consultation with the Committees on Appropriations: Provided further,
That any congressional notification requirement applicable to funds
made available under this heading in this Act for Israel may be waived
if the Secretary of State determines that to do so is in the national
security interest of the United States: Provided further, That of the
total amount provided under this heading in this Act, $2,000,000,000
shall be for assistance for the Indo-Pacific region and for related
expenses: Provided further, That of the total amount provided under
this heading in this Act, $1,600,000,000 shall be for assistance for
Ukraine and countries impacted by the situation in Ukraine and for
related expenses: Provided further, That amounts made available under
this heading in this Act and unobligated balances of amounts made
available under this heading in Acts making appropriations for the
Department of State, foreign operations, and related programs for
fiscal year 2024 and prior fiscal years shall be available for the cost
of loans and loan guarantees as authorized by section 2606 of the
Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law
117-103), subject to the terms and conditions provided in such section,
or as otherwise authorized by law: Provided further, That loan
guarantees made using amounts described in the preceding proviso for
loans financed by the Federal Financing Bank may be provided
notwithstanding any provision of law limiting the percentage of loan
principal that may be guaranteed: Provided further, That up to
$5,000,000 of funds made available under this heading in this Act, in
addition to funds otherwise available for such purposes, may be used by
the Department of State for necessary expenses for the general costs of
administering military assistance and sales, including management and
oversight of such programs and activities: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
INTERNATIONAL ASSISTANCE PROGRAMS
Multilateral Assistance
contribution to the international development association
For an additional amount for ``Contribution to the International
Development Association'', $250,000,000, to remain available until
expended, which shall be made available for a contribution to the
International Development Association Special Program to Enhance Crisis
Response Window: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 601. During fiscal year 2024, up to $250,000,000 of funds
deposited in the Consular and Border Security Programs account in any
fiscal year that are available for obligation may be transferred to,
and merged with, funds appropriated by any Act making appropriations
for the Department of State, foreign operations, and related programs
under the headings ``Diplomatic Programs'' (including for Worldwide
Security Protection) and ``Emergencies in the Diplomatic and Consular
Service'' for emergency evacuations or to prevent or respond to
security situations and related requirements: Provided, That such
transfer authority is in addition to any other transfer authority
provided by law, and any such transfers are subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
Sec. 602. During fiscal year 2024, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied
by substituting ``$7,800,000,000'' for ``$100,000,000''.
Sec. 603. During fiscal year 2024, section 506(a)(2)(B) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be
applied by substituting ``$400,000,000'' for ``$200,000,000'' in the
matter preceding clause (i), and by substituting ``$150,000,000'' for
``$75,000,000'' in clause (i).
Sec. 604. During fiscal year 2024, section 552(c)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied
by substituting ``$50,000,000'' for ``$25,000,000''.
Sec. 605. Section 12001 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287) is amended as follows:
(1) In paragraph (2) of subsection (a), by striking
``armor'' and all that follows through the end of the paragraph
and inserting ``defense articles that are in the inventory of
the Department of Defense as of the date of transfer, are
intended for use as reserve stocks for Israel, and are located
in a stockpile for Israel as of the date of transfer''.
(2) In subsection (b), by striking ``at least equal to the
fair market value of the items transferred'' and inserting ``in
an amount to be determined by the Secretary of Defense''.
(3) In subsection (c), by inserting before the comma in the
first sentence the following: ``, or as far in advance of such
transfer as is practicable as determined by the President on a
case-by-case basis during extraordinary circumstances impacting
the national security of the United States''.
Sec. 606. For fiscal year 2024, section 514(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not apply to defense
articles to be set aside, earmarked, reserved, or intended for use as
reserve stocks in stockpiles in the State of Israel.
Sec. 607. Unobligated balances from amounts appropriated in prior
Acts under the heading ``Multilateral Assistance--International
Financial Institutions--Contributions to the International Monetary
Fund Facilities and Trust Funds'' shall be available to cover the cost,
as defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), of loans made by the Secretary of the Treasury only to
the Poverty Reduction and Growth Trust of the International Monetary
Fund, following consultation with the appropriate congressional
committees: Provided, That such funds shall be available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $21,000,000,000 in the aggregate, and the Secretary of the
Treasury is authorized to make such loans.
Sec. 608. Section 17(a)(6) of the Bretton Woods Agreements Act (22
U.S.C. 286e-2(a)(6)) is amended by striking ``December 31, 2025'' and
inserting ``December 31, 2030''.
Sec. 609. (a) Funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be transferred to, and merged with, funds appropriated
by this Act under such headings.
(b) Funds appropriated by this Act under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
to respond to the situation in Ukraine and in countries impacted by the
situation in Ukraine may be transferred to, and merged with, funds made
available under the headings ``United States International Development
Finance Corporation--Corporate Capital Account'', ``United States
International Development Finance Corporation--Program Account'',
``Export-Import Bank of the United States--Program Account'', and
``Trade and Development Agency'' for such purpose.
(c) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' for assistance
for countries in the Middle East may be transferred to, and merged
with, funds appropriated by this Act under the headings
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing Program''
for such purpose.
(d) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law, and are
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(e) Upon a determination that all or part of the funds transferred
pursuant to the authorities provided by this section are not necessary
for such purposes, such amounts may be transferred back to such
appropriations.
Sec. 610. Section 1705 of the Additional Ukraine Supplemental
Appropriations Act, 2023 (division M of Public Law 117-328) shall apply
to funds appropriated by this Act under the heading ``Economic Support
Fund'' for assistance for Ukraine.
Sec. 611. None of the funds appropriated or otherwise made
available by this title in this Act may be made available for
assistance for the Governments of the Russian Federation or Belarus,
including entities owned or controlled by such Governments.
Sec. 612. (a) Section 2606 of the Ukraine Supplemental
Appropriations Act, 2022 (division N of Public Law 117-103) is amended
as follows:
(1) in subsection (a), by striking ``and North Atlantic
Treaty Organization (NATO) allies'' and inserting ``, North
Atlantic Treaty Organization (NATO) allies, major non-NATO
allies, and the Indo-Pacific region''; by striking
``$4,000,000,000'' and inserting ``$8,000,000,000''; and by
striking ``, except that such rate may not be less than the
prevailing interest rate on marketable Treasury securities of
similar maturity''; and
(2) in subsection (b), by striking ``and NATO allies'' and
inserting ``, NATO allies, major non-NATO allies, and the Indo-
Pacific region''; by striking ``$4,000,000,000'' and inserting
``$8,000,000,000''; and by inserting at the end of the second
proviso ``except for guarantees of loans by the Federal
Financing Bank''.
(b) Funds made available for the costs of direct loans and loan
guarantees for major non-NATO allies and the Indo-Pacific region
pursuant to section 2606 of division N of Public Law 117-103, as
amended by subsection (a), may only be made available from funds
appropriated by this Act under the heading ``Foreign Military Financing
Program'' and available balances from under such heading in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs: Provided, That such funds may only be made
available if the Secretary of State certifies and reports to the
appropriate congressional committees, not less than 15 days prior to
the obligation of such funds, that such direct loan or loan guarantee
is in the national security interest of the United States, is being
provided in response to exigent circumstances, is addressing a mutually
agreed upon emergency requirement of the recipient country, and the
recipient country has a plan to repay such loan: Provided further,
That not less than 60 days after the date of enactment of this Act, the
Secretary of State shall consult with such committees on the
implementation of this subsection.
(c) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the Budget are designated as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 613. Funds appropriated under the headings ``Economic Support
Fund'' and ``Assistance for Europe, Eurasia and Central Asia'' in this
title in this Act may be made available as contributions, following
consultation with the Committees on Appropriations.
Sec. 614. None of the funds appropriated or otherwise made
available by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
made available for a contribution, grant, or other payment to the
United Nations Relief and Works Agency, notwithstanding any other
provision of law.
Sec. 615. (a) Certification.--The Secretary of State shall certify
and report to the appropriate congressional committees not later than
March 1, 2024, that--
(1) oversight policies, processes, and procedures have been
established by the Department of State and the United States
Agency for International Development, as appropriate, and are
in use to prevent the diversion, misuse, or destruction of
assistance, including through international organizations, to
Hamas and other terrorist and extremist entities in Gaza; and
(2) such policies, processes, and procedures have been
developed in coordination with other bilateral and multilateral
donors and the Government of Israel, as appropriate.
(b) Oversight Policy and Procedures.--The Secretary of State and
the USAID Administrator shall submit to the appropriate congressional
committees, concurrent with the submission of the certification
required in subsection (a), a written description of the oversight
policies, processes, and procedures for funds appropriated by this
title that are made available for assistance for Gaza, including
specific actions to be taken should such assistance be diverted,
misused, or destroyed, and the role of Israel in the oversight of such
assistance.
(c) Requirement to Inform.--The Secretary of State and USAID
Administrator shall promptly inform the appropriate congressional
committees of each instance in which funds appropriated by this title
that are made available for assistance for Gaza have been diverted,
misused, or destroyed, to include the type of assistance, a description
of the incident and parties involved, and an explanation of the
response of the Department of State or USAID, as appropriate.
(d) Third Party Monitoring.--Funds appropriated by this title shall
be made available for third party monitoring of assistance for Gaza,
including end use monitoring, following consultation with the
appropriate congressional committees.
(e) Offices of Inspectors General.--
(1) Department of state.--Of the funds appropriated by this
title under the heading ``Office of Inspector General'' for the
Department of State, $7,000,000 shall be made available for the
oversight and monitoring of assistance made available for Gaza
by this title and in prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
(2) United states agency for international development.--Of
the funds appropriated by this title under the heading ``Office
of Inspector General'' for USAID, $3,000,000 shall be made
available for the oversight and monitoring of assistance made
available for Gaza by this title and in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs.
(f) Report.--Not later than 90 days after the initial obligation of
funds appropriated by this title that are made available for assistance
for Gaza, and every 90 days thereafter until all such funds are
expended, the Secretary of State and the USAID Administrator shall
jointly submit to the appropriate congressional committees a report
detailing the amount and purpose of such assistance provided during
each respective quarter, including a description of the specific entity
implementing such assistance.
(g) Assessment.--Not later than 90 days after the date of enactment
of this Act and every 90 days thereafter until September 30, 2025, the
Secretary of State, in consultation with the Director of National
Intelligence and other heads of elements of the intelligence community
that the Secretary considers relevant, shall submit to the appropriate
congressional committees a report assessing whether funds appropriated
by this title and made available for assistance for the West Bank and
Gaza have been diverted by Hamas or other terrorist and extremist
entities in the West Bank and Gaza: Provided, That such report shall
include details on the amount and how such funds were made available
and used by such entities: Provided further, That such report may be
submitted in classified form, if necessary.
(h) Consultation.--Not later than 30 days after the date of
enactment of this Act but prior to the initial obligation of funds made
available by this title for humanitarian assistance for Gaza, the
Secretary of State and USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations on the amount and
anticipated uses of such funds.
Sec. 616. Prior to the initial obligation of funds made available
in this title in this Act, the Secretary of State, USAID Administrator,
and the Secretary of the Treasury, as appropriate, shall submit to the
Committees on Appropriations--
(1) spend plans, as defined in section 7034(s)(4) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328), at
the country, account, and program level, for funds appropriated
by this Act under the headings ``Economic Support Fund'',
``Transition Initiatives'', ``Assistance for Europe, Eurasia
and Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', ``Foreign
Military Financing Program'', and ``Contribution to the
International Development Association'': Provided, That plans
submitted pursuant to this paragraph shall include for each
program notified--(A) total funding made available for such
program, by account and fiscal year; (B) funding that remains
unobligated for such program from prior year base or
supplemental appropriations; (C) funding that is obligated but
unexpended for such program; and (D) funding committed, but not
yet notified for such program; and
(2) operating plans, as defined in section 7062 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2023 (division K of Public Law 117-328),
for funds appropriated by this title under the headings
``Diplomatic Programs'', ``Emergencies in the Diplomatic and
Consular Service'', and ``Operating Expenses''.
TITLE VII
GENERAL PROVISIONS--THIS ACT
Sec. 701. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 702. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 703. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2024.
Sec. 704. Not later than 45 days after the date of enactment of
this Act, the Secretary of State and the Secretary of Defense, in
consultation with the heads of other relevant Federal agencies, as
appropriate, shall submit to the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate and the Committees on
Appropriations, Armed Services, and Foreign Affairs of the House of
Representatives a strategy regarding United States support for Ukraine
against aggression by the Russian Federation: Provided, That such
strategy shall be multi-year, establish specific and achievable
objectives, define and prioritize United States national security
interests, and include the metrics to be used to measure progress in
achieving such objectives: Provided further, That such strategy shall
include an estimate, on a fiscal year-by-fiscal year basis, of the
resources required by the United States to achieve such objectives,
including to help hasten Ukrainian victory against Russia's invasion
forces in a manner most favorable to United States interests and
objectives, and a description of the national security implications for
the United States if those objectives are not met: Provided further,
That such strategy shall describe how each specific aspect of U.S.
assistance, including defense articles and U.S. foreign assistance, is
intended at the tactical, operational, and strategic level to help
Ukraine end the conflict as a democratic, independent, and sovereign
country capable of deterring and defending its territory against future
aggression: Provided further, That such strategy shall include a
classified independent assessment from the Commander, U.S. European
Command, describing any specific defense articles and services not yet
provided to Ukraine that would result in meaningful battlefield gains
in alignment with the strategy: Provided further, That such strategy
shall include a classified assessment from the Chairman of the Joint
Chiefs of Staff that the provision of specific defense articles and
services provided to Ukraine does not pose significant risk to the
defense capabilities of the United States military: Provided further,
That the Under Secretary of Defense for Acquisition & Sustainment in
coordination with the Director, Cost Assessment and Program Evaluation
provide an assessment of the executability and a production schedule
for any specific defense articles recommended by the Commander, U.S.
European Command that require procurement: Provided further, That such
strategy shall include information on support to the Government of the
Russian Federation from the Islamic Republic of Iran, the People's
Republic of China, and the Democratic People's Republic of Korea,
related to the Russian campaign in Ukraine, and its impact on such
strategy: Provided further, That such strategy shall be updated not
less than quarterly, as appropriate, until September 30, 2025, and such
updates shall be submitted to such committees: Provided further, That
unless otherwise specified by this section, such strategy shall be
submitted in unclassified form but may include a classified annex.
Sec. 705. (a) Not later than 45 days after the date of enactment of
this Act, the Secretary of State, in consultation with the heads of
other relevant Federal agencies, as appropriate, shall brief the
appropriate congressional committees, in classified form, if necessary,
on the status and welfare of hostages being held in Gaza.
(b) For purposes of this section, the term ``appropriate
congressional committees'' means the following:
(1) The Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate.
(2) The Select Committee on Intelligence of the Senate.
(3) The Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
(4) The Permanent Select Committee on Intelligence of the
House of Representatives.
Sec. 706. Funds appropriated by this Act for foreign assistance
(including foreign military sales), for the Department of State, for
broadcasting subject to supervision of United States Agency for Global
Media, and for intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for the purposes
of section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 707. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available (or repurposed or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 708. Any amount appropriated by this Act, designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
This division may be cited as the ``National Security Supplemental
Appropriations Act, 2024''.
DIVISION B--FEND OFF FENTANYL ACT
SEC. 3001. SHORT TITLES.
This division may be cited as the ``Fentanyl Eradication and
Narcotics Deterrence Off Fentanyl'' or the ``FEND Off Fentanyl Act''.
SEC. 3002. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the proliferation of fentanyl is causing an
unprecedented surge in overdose deaths in the United States,
fracturing families and communities, and necessitating a
comprehensive policy response to combat its lethal flow and to
mitigate the drug's devastating consequences;
(2) the trafficking of fentanyl into the United States is a
national security threat that has killed hundreds of thousands
of United States citizens;
(3) transnational criminal organizations, including cartels
primarily based in Mexico, are the main purveyors of fentanyl
into the United States and must be held accountable;
(4) precursor chemicals sourced from the People's Republic
of China are--
(A) shipped from the People's Republic of China by
legitimate and illegitimate means;
(B) transformed through various synthetic processes
to produce different forms of fentanyl; and
(C) crucial to the production of illicit fentanyl
by transnational criminal organizations, contributing
to the ongoing opioid crisis;
(5) the United States Government must remain vigilant to
address all new forms of fentanyl precursors and drugs used in
combination with fentanyl, such as Xylazine, which attribute to
overdose deaths of people in the United States;
(6) to increase the cost of fentanyl trafficking, the
United States Government should work collaboratively across
agencies and should surge analytic capability to impose
sanctions and other remedies with respect to transnational
criminal organizations (including cartels), including foreign
nationals who facilitate the trade in illicit fentanyl and its
precursors from the People's Republic of China; and
(7) the Department of the Treasury should focus on fentanyl
trafficking and its facilitators as one of the top national
security priorities for the Department.
SEC. 3003. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Financial Services of the
House of Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(2) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign
country; or
(ii) any entity not organized under the
laws of the United States or a jurisdiction
within the United States; and
(B) does not include the government of a foreign
country.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) Trafficking.--The term ``trafficking'', with respect to
fentanyl, fentanyl precursors, or other related opioids, has
the meaning given the term ``opioid trafficking'' in section
7203(8) of the Fentanyl Sanctions Act (21 U.S.C. 2302(8)).
(5) Transnational criminal organization.--The term
``transnational criminal organization'' includes--
(A) any organization designated as a significant
transnational criminal organization under part 590 of
title 31, Code of Federal Regulations;
(B) any of the organizations known as--
(i) the Sinaloa Cartel;
(ii) the Jalisco New Generation Cartel;
(iii) the Gulf Cartel;
(iv) the Los Zetas Cartel;
(v) the Juarez Cartel;
(vi) the Tijuana Cartel;
(vii) the Beltran-Leyva Cartel; or
(viii) La Familia Michoacana; or
(C) any successor organization to an organization
described in subparagraph (B) or as otherwise
determined by the President.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
TITLE I--SANCTIONS MATTERS
Subtitle A--Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
SEC. 3101. FINDING; POLICY.
(a) Finding.--Congress finds that international trafficking of
fentanyl, fentanyl precursors, or other related opioids constitutes an
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States, and is a national emergency.
(b) Policy.--It shall be the policy of the United States to apply
economic and other financial sanctions to those who engage in the
international trafficking of fentanyl, fentanyl precursors, or other
related opioids to protect the national security, foreign policy, and
economy of the United States.
SEC. 3102. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.
(a) In General.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
subtitle.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
pursuant to this subtitle and any national emergency declared
with respect to the trafficking of fentanyl and trade in other
illicit drugs, including--
(A) the issuance of any new or revised regulations,
policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information from
outside parties;
(D) the issuance or closure of general licenses,
specific licenses, and statements of licensing policy
by the Office of Foreign Assets Control;
(E) a description of any pending enforcement cases;
and
(F) the implementation of mitigation procedures.
(2) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form, but may include
the matters required under subparagraphs (C), (D), (E), and (F)
of such paragraph in a classified annex.
SEC. 3103. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL TRAFFICKING
BY TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines--
(1) is knowingly involved in the significant trafficking of
fentanyl, fentanyl precursors, or other related opioids,
including such trafficking by a transnational criminal
organization; or
(2) otherwise is knowingly involved in significant
activities of a transnational criminal organization relating to
the trafficking of fentanyl, fentanyl precursors, or other
related opioids.
(b) Sanctions Described.--The President, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
may block and prohibit all transactions in property and interests in
property of a foreign person described in subsection (a) if such
property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report on actions
taken by the executive branch with respect to the foreign persons
identified under subsection (a).
SEC. 3104. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--Any person that violates, attempts to violate,
conspires to violate, or causes a violation of this subtitle or any
regulation, license, or order issued to carry out this subtitle shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(b) National Security Waiver.--The President may waive the
application of sanctions under this subtitle with respect to a foreign
person if the President determines that such waiver is in the national
security interest of the United States.
(c) Exceptions.--
(1) Exception for intelligence activities.--This subtitle
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception for compliance with international obligations
and law enforcement activities.--Sanctions under this subtitle
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success on June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations of the United
States; or
(B) to carry out or assist law enforcement activity
of the United States.
(3) Humanitarian exemption.--The President may not impose
sanctions under this subtitle with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
SEC. 3105. TREATMENT OF FORFEITED PROPERTY OF TRANSNATIONAL CRIMINAL
ORGANIZATIONS.
(a) Transfer of Forfeited Property to Forfeiture Funds.--
(1) In general.--Any covered forfeited property shall be
deposited into the Department of the Treasury Forfeiture Fund
established under section 9705 of title 31, United States Code,
or the Department of Justice Assets Forfeiture Fund established
under section 524(c) of title 28, United States Code.
(2) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to the appropriate
congressional committees a report on any deposits made under
paragraph (1) during the 180-day period preceding submission of
the report.
(3) Covered forfeited property defined.--In this
subsection, the term ``covered forfeited property'' means
property--
(A) forfeited to the United States under chapter 46
or section 1963 of title 18, United States Code; and
(B) that belonged to or was possessed by an
individual affiliated with or connected to a
transnational criminal organization subject to
sanctions under--
(i) this subtitle;
(ii) the Fentanyl Sanctions Act (21 U.S.C.
2301 et seq.); or
(iii) Executive Order 14059 (50 U.S.C. 1701
note; relating to imposing sanctions on foreign
persons involved in the global illicit drug
trade).
(b) Blocked Assets Under Terrorism Risk Insurance Act of 2002.--
Nothing in this subtitle may be construed to affect the treatment of
blocked assets of a terrorist party described in section 201(a) of the
Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note).
Subtitle B--Other Matters
SEC. 3111. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF SANCTIONS.
(a) International Emergency Economic Powers Act.--Section 206 of
the International Emergency Economic Powers Act (50 U.S.C. 1705) is
amended by adding at the end the following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
shall not be entertained unless commenced within 10
years after the latest date of the violation upon which
the civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this
paragraph, the commencement of an action, suit, or
proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (c) unless
the indictment is found or the information is instituted within
10 years after the latest date of the violation upon which the
indictment or information is based.''.
(b) Trading With the Enemy Act.--Section 16 of the Trading with the
Enemy Act (50 U.S.C. 4315) is amended by adding at the end the
following:
``(d) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
shall not be entertained unless commenced within 10
years after the latest date of the violation upon which
the civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of this
paragraph, the commencement of an action, suit, or
proceeding includes the issuance of a pre-penalty
notice or finding of violation.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under subsection (a) unless
the indictment is found or the information is instituted within
10 years after the latest date of the violation upon which the
indictment or information is based.''.
SEC. 3112. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF OFFICE OF
FOREIGN ASSETS CONTROL.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Office of Foreign Assets Control shall provide
to the appropriate congressional committees a classified report and
briefing on the staffing of the Office of Foreign Assets Control,
disaggregated by staffing dedicated to each sanctions program and each
country or issue.
SEC. 3113. REPORT ON DRUG TRANSPORTATION ROUTES AND USE OF VESSELS WITH
MISLABELED CARGO.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury, in conjunction with the heads of
other relevant Federal agencies, shall provide to the appropriate
congressional committees a classified report and briefing on efforts to
target drug transportation routes and modalities, including an
assessment of the prevalence of false cargo labeling and shipment of
precursor chemicals without accurate tracking of the customers
purchasing the chemicals.
SEC. 3114. REPORT ON ACTIONS OF PEOPLE'S REPUBLIC OF CHINA WITH RESPECT
TO PERSONS INVOLVED IN FENTANYL SUPPLY CHAIN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury, in conjunction with the heads of
other relevant Federal agencies, shall provide to the appropriate
congressional committees a classified report and briefing on actions
taken by the Government of the People's Republic of China with respect
to persons involved in the shipment of fentanyl, fentanyl analogues,
fentanyl precursors, precursors for fentanyl analogues, and equipment
for the manufacturing of fentanyl and fentanyl-laced counterfeit pills.
TITLE II--ANTI-MONEY LAUNDERING MATTERS
SEC. 3201. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF SANCTIONED
PERSONS AS OF PRIMARY MONEY LAUNDERING CONCERN.
(a) In General.--Subtitle A of the Fentanyl Sanctions Act (21
U.S.C. 2311 et seq.) is amended by inserting after section 7213 the
following:
``SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED PERSONS AS OF
PRIMARY MONEY LAUNDERING CONCERN.
``(a) In General.--If the Secretary of the Treasury determines that
reasonable grounds exist for concluding that 1 or more financial
institutions operating outside of the United States, 1 or more classes
of transactions within, or involving, a jurisdiction outside of the
United States, or 1 or more types of accounts within, or involving, a
jurisdiction outside of the United States, is of primary money
laundering concern in connection with illicit opioid trafficking, the
Secretary of the Treasury may, by order, regulation, or otherwise as
permitted by law--
``(1) require domestic financial institutions and domestic
financial agencies to take 1 or more of the special measures
provided for in section 9714(a)(1) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 31
U.S.C. 5318A note); or
``(2) prohibit, or impose conditions upon, certain
transmittals of funds (to be defined by the Secretary) by any
domestic financial institution or domestic financial agency, if
such transmittal of funds involves any such institution, class
of transaction, or type of accounts.
``(b) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or of the
requirement for 1 or more special measures with respect to a primary
money laundering concern made under this section, if the designation or
imposition, or both, were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
App.)), such information may be submitted by the Secretary to the
reviewing court ex parte and in camera. This subsection does not confer
or imply any right to judicial review of any finding made or any
requirement imposed under this section.
``(c) Availability of Information.--The exemptions from, and
prohibitions on, search and disclosure referred to in section 9714(c)
of the National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 31 U.S.C. 5318A note) shall apply to any report or record
of report filed pursuant to a requirement imposed under subsection (a).
For purposes of section 552 of title 5, United States Code, this
subsection shall be considered a statute described in subsection
(b)(3)(B) of such section.
``(d) Penalties.--The penalties referred to in section 9714(d) of
the National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 31 U.S.C. 5318A note) shall apply to violations of any order,
regulation, special measure, or other requirement imposed under
subsection (a), in the same manner and to the same extent as described
in such section 9714(d).
``(e) Injunctions.--The Secretary of the Treasury may bring a civil
action to enjoin a violation of any order, regulation, special measure,
or other requirement imposed under subsection (a) in the same manner
and to the same extent as described in section 9714(e) of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 31
U.S.C. 5318A note).''.
(b) Clerical Amendment.--The table of contents for the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by inserting after the item relating to section 7213 the
following:
``Sec. 7213A. Designation of transactions of sanctioned persons as of
primary money laundering concern.''.
SEC. 3202. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZATIONS IN
SUSPICIOUS TRANSACTIONS REPORTS OF THE FINANCIAL CRIMES
ENFORCEMENT NETWORK.
(a) Filing Instructions.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Financial Crimes
Enforcement Network shall issue guidance or instructions to United
States financial institutions for filing reports on suspicious
transactions required under section 1010.320 of title 31, Code of
Federal Regulations, related to suspected fentanyl trafficking by
transnational criminal organizations.
(b) Prioritization of Reports Relating to Fentanyl Trafficking or
Transnational Criminal Organizations.--The Director shall prioritize
research into reports described in subsection (a) that indicate a
connection to trafficking of fentanyl or related synthetic opioids or
financing of suspected transnational criminal organizations.
SEC. 3203. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE WITH MEXICO,
THE PEOPLE'S REPUBLIC OF CHINA, AND BURMA.
(a) In General.--In the first update to the national strategy for
combating the financing of terrorism and related forms of illicit
finance submitted to Congress after the date of the enactment of this
Act, the Secretary of the Treasury shall include a report on trade-
based money laundering originating in Mexico or the People's Republic
of China and involving Burma.
(b) Definition.--In this section, the term ``national strategy for
combating the financing of terrorism and related forms of illicit
finance'' means the national strategy for combating the financing of
terrorism and related forms of illicit finance required under section
261 of the Countering America's Adversaries Through Sanctions Act
(Public Law 115-44; 131 Stat. 934), as amended by section 6506 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 2428).
TITLE III--EXCEPTION RELATING TO IMPORTATION OF GOODS
SEC. 3301. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authority or a requirement to block and
prohibit all transactions in all property and interests in property
under this division shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply or manufactured
product, including inspection and test equipment, and excluding
technical data.
TITLE IV--BUDGETARY EFFECTS
SEC. 3401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Attest:
Secretary.
118th CONGRESS
2d Session
H.R. 815
_______________________________________________________________________
AMENDMENT