[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8035 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8035
Making emergency supplemental appropriations to respond to the
situation in Ukraine and for related expenses for the fiscal year
ending September 30, 2024, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2024
Mr. Cole (for himself, Mr. Calvert, and Mr. Diaz-Balart) introduced the
following bill; which was referred to the Committee on Appropriations,
and in addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations to respond to the
situation in Ukraine and for related expenses for the fiscal year
ending September 30, 2024, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2024, and for
other purposes, namely:
TITLE I
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'',
$976,405,000, 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, 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'', $371,475,000, 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'', $27,930,780,000, to remain available until December 31, 2024,
to respond to the situation in Ukraine 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 in section 8148 of the Department of
Defense Appropriations Act, 2024 (division A of Public Law 118-47):
Provided further, That of the total amount provided under this heading
in this Act, 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 the government of Ukraine or identified and notified to Congress 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 funds transferred pursuant to the preceding
proviso shall be merged with and available for the same purposes and
for the same time period as the appropriations to which the funds are
transferred: Provided further, That the Secretary of Defense shall
notify the congressional defense committees of the details of such
transfers not less than 15 days before any such transfer: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back and merged with
this appropriation: Provided further, That any transfer authority
provided herein is in addition to any other transfer authority provided
by law: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$2,742,757,000, to remain available until September 30, 2026, to
respond to the situation in Ukraine and for related expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$5,612,900,000, to remain available until September 30, 2026, to
respond to the 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, 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.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$26,000,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as 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'',
$3,284,072,000, 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'',
$46,780,000, to remain available until September 30, 2026, to respond
to the situation in Ukraine and for related expenses: Provided, That
such amount is designated by the Congress as 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'', $13,825,000, 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, 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 September 30, 2025, 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, 2024 (division A of Public Law 118-47), 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 8091 of the Department of Defense Appropriations Act, 2024
(division A of Public Law 118-47), 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.
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.
TITLE III
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.
1522(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. 301. 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 IV
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $60,000,000,
to remain available until September 30, 2025, to respond to the
situation in 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$8,000,000, 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.
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
situation in 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$10,000,000, 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
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.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $300,000,000, to remain available until September
30, 2025, for assistance for Ukraine and countries impacted by the
situation in Ukraine: Provided, That such funds 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 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.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,600,000,000, to remain available until September 30,
2025, for assistance for Ukraine and countries impacted by the
situation in Ukraine and for related expenses: Provided, 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.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 401. 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. 402. 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. 403. 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. 404. (a) 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.
(b) The transfer authority provided by this section is in addition
to any other transfer authority provided by law, and is subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(c) Upon a determination that all or part of the funds transferred
pursuant to the authority provided by this section are not necessary
for such purposes, such amounts may be transferred back to such
appropriations.
Sec. 405. 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. 406. 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. 407. (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. 408. 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. 409. Prior to the initial obligation of funds made available
in this title in this Act, but not later than 15 days after the date of
enactment of this Act, the Secretary of State and USAID Administrator,
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'', and ``Foreign Military Financing Program'':
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'' and ``Operating Expenses''.
TITLE V
GENERAL PROVISIONS--THIS ACT
Sec. 501. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 502. 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. 503. 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. 504. 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. 505. (a) Transfer of Long-Range ATACMS Required.--As soon as
practicable after the date of enactment of this Act, the President
shall transfer long range Army Tactical Missile Systems to the
Government of Ukraine to assist the Government of Ukraine in defending
itself and achieving victory against the Russian Federation.
(b) Notification.--If the President determines that executing the
transfer of long-range Army Tactical Missile Systems to the Government
of Ukraine pursuant to subsection (a) would be detrimental to the
national security interests of the United States, the President may
withhold such transfer and shall notify the congressional defense
committees, the Committees on Appropriations and Foreign Relations of
the Senate, and the Committees on Appropriations and Foreign Affairs of
the House of Representatives of such determination.
Sec. 506. (a) In-Person Monitoring.--The Secretary of State shall,
to the maximum extent practicable, ensure that funds appropriated by
this Act under the headings ``Economic Support Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``International Narcotics Control
and Law Enforcement'', and ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'' and made available for project-based assistance
for Ukraine are subject to in-person monitoring by United States
personnel or by vetted third party monitors.
(b) Certification.--Not later than 15 days prior to the initial
obligation of funds appropriated by this Act and made available for
assistance for Ukraine under the headings ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', and ``Foreign Military
Financing Program'', the Secretary of State and the USAID Administrator
shall jointly certify and report to the appropriate congressional
committees that mechanisms for monitoring and oversight of funds are in
place and functioning to ensure accountability of such funds to prevent
waste, fraud, abuse, diversion, and corruption, including mechanisms
such as use of third party monitors, enhanced end-use monitoring,
external and independent audits and evaluations, randomized spot
checks, and regular reporting on outcomes achieved and progress made
toward stated program objectives, consistent with the strategy required
by section 504 of this title: Provided, That section 7015(e) of Public
Law 118-47 shall apply to the certification requirement of this
subsection.
(c) Cost Matching.--Funds appropriated by this Act and prior Acts
for fiscal year 2024 under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' that are made
available for contributions to the Government of Ukraine may not exceed
50 percent of the total amount provided for such assistance by all
donors: Provided, That the President may waive the limitation in this
subsection if the President determines and reports to the appropriate
congressional committees that to do so is in the national security
interest of the United States, including a detailed justification for
such determination and an explanation as to why other donors to the
Government of Ukraine are unable to meet or exceed such level: Provided
further, That following such determination, the President shall submit
a report to the Speaker and Minority Leader of the House of
Representatives, the Majority and Minority Leaders of the Senate, and
the appropriate congressional committees every 120 days while
assistance is provided in reliance on the determination under the
previous proviso detailing steps taken by the Department of State to
increase other donor contributions and an update on the status of such
contributions: Provided further, That the requirements of this
subsection shall continue in effect until such funds are expended.
Sec. 507. (a) Arrangement Required.--Notwithstanding any other
provision of law, not later than 60 days after the date of the
enactment of this Act, the President shall enter into an arrangement
with the Government of Ukraine relating to the repayment by Ukraine to
the United States of economic assistance provided to Ukraine by the
United States to respond to the situation in Ukraine, and for related
expenses, that are made available under the headings ``Economic Support
Fund'' and ``Assistance for Europe, Eurasia and Central Asia'' in title
IV of this Act.
(b) Terms.--Repayment required by the arrangement required by
subsection (a) shall be at terms to be set by the President.
(c) Limitation on Arrangement Terms.--The arrangement required
pursuant to subsection (a) may not provide for the cancellation of any
or all amounts of indebtedness except as provided in subsection (d).
(d) Cancellation of Indebtedness.--
(1) The President may not before November 15, 2024 take any
action related to the indebtedness of the Government of Ukraine
that cancels any indebtedness incurred by Ukraine pursuant to
this section.
(2) At any time after November 15, 2024, the President may,
subject to congressional review provided by section 508, cancel
up to 50 percent of the total indebtedness incurred by Ukraine
or anticipated to be incurred by Ukraine with respect to
economic assistance and related expenses made available under
the headings ``Economic Support Fund'' and ``Assistance for
Europe, Eurasia, and Central Asia'' in title IV of this Act.
Upon completion of the congressional review process set forth
in section 508, such cancellation shall be final and
irrevocable.
(3) The President may, subject to congressional review
provided by section 508, cancel any remaining indebtedness to
the government of Ukraine under this section at any time after
January 1, 2026. Upon completion of the congressional review
process set forth in section 508, such cancellation shall be
final and irrevocable.
Sec. 508. (a) Report Required.--
(1) In General.--Notwithstanding any other provision of law, before
taking any action described in paragraph (2), the President shall
submit to Congress a written report that describes that action and the
reason for that action.
(2) Action Described.--An action described in this paragraph is an
action related to the indebtedness of the Government of Ukraine
authorized by section 507(d)(1).
(b) Congressional Review Period.--
(1) 2024.--During calendar year 2024, if the President submits to
Congress a report under subsection (a)(1), the President may not take
any action with respect to the indebtedness of the Government of
Ukraine until the later of--
(A) the date that is 10 calendar days after the date of
such submission; or
(B) the date on which Congress has considered and failed to
pass a joint resolution of disapproval, as provided in this
section.
(2) Succeeding Years.--
(A) In general.--During calendar year 2025 or any calendar
year thereafter, if the President submits to Congress a report
under subsection (a)(1), the President may not take any action
with respect to the indebtedness of the Government of Ukraine
until the later of--
(i) the date that is 30 calendar days after the
date of such submission, except as provided in
subparagraph (B); or
(ii) the date on which Congress has failed to pass
a joint resolution of disapproval, as provided in this
section.
(B) Exception.--The period for congressional review of a
report submitted under subsection (a)(1) shall be 60 calendar
days if the report is submitted to Congress on or after July 10
and on or before September 7 in any calendar year.
(3) Veto Message.--If the President vetoes a joint resolution of
disapproval, he may not take any action with respect to the
indebtedness of Ukraine for 5 calendar days after the veto message is
received by the appropriate House of Congress.
(c) Joint Resolution of Disapproval.--In this section, the term
``joint resolution'' means only a joint resolution--
(1) that is introduced not later than 3 calendar days after the
date on which a report of the President referred to in subsection
(a)(1) is received by Congress;
(2) which does not have a preamble;
(3) the title of which is as follows: ``Joint resolution relating
to the disapproval of the Presidential report with respect to the
indebtedness of the Government of Ukraine''; and
(4) the matter after the resolving clause of which is as follows:
``That Congress disapproves the proposal relating to the indebtedness
of the Government of Ukraine submitted by the President of the United
States to Congress on _____'', with the blank space filled with the
appropriate date of submission of the report under subsection (a)(1).
(d) Fast-track Consideration in House of Representatives.--
(1) Reporting and Discharge.--Any committee of the House of
Representatives to which a joint resolution is referred shall report
the joint resolution to the House of Representatives not later than 5
calendar days after the date on which Congress receives the report
described in subsection (a)(1). If a committee fails to report the
joint resolution within that period, the committee shall be discharged
from further consideration of the joint resolution and the joint
resolution shall be referred to the appropriate calendar.
(2) Proceeding to Consideration.--After each committee authorized
to consider a joint resolution reports the joint resolution to the
House of Representatives or has been discharged from its consideration,
it shall be in order, not later than the 6th calendar day after the
date on which Congress receives the report described in subsection
(a)(1), to move to proceed to consider the joint resolution in the
House of Representatives. All points of order against the motion are
waived. Such a motion shall not be in order after the House of
Representatives has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion shall not
be debatable. A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(3) Consideration.--The joint resolution shall be considered as
read. All points of order against the joint resolution and against its
consideration are waived. The previous question shall be considered as
ordered on the joint resolution to its passage without intervening
motion except two hours of debate equally divided and controlled by the
proponent and an opponent. A motion to reconsider the vote on passage
of the joint resolution shall not be in order.
(e) Fast-track Consideration in Senate.--
(1) Placement on Calendar.--Upon introduction in the Senate, the
joint resolution shall be placed immediately on the calendar.
(2) Floor Consideration.--
(A) In general.--It shall not be in order to move to
proceed to a joint resolution that has been placed on the
calendar pursuant to paragraph (1) unless a motion signed by 16
Senators has been presented to the Senate. Thereafter,
notwithstanding Rule XXII of the Standing Rules of the Senate,
it is in order, during the periods described in subparagraph
(B) (even though a previous motion to the same effect has been
disagreed to), for any Senator to move to proceed to the
consideration of the joint resolution, and all points of order
against the joint resolution (and against consideration of the
joint resolution) are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to postpone. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business until
disposed of.
(B) Periods described.--The periods described in this
subparagraph are the following:
(i) During calendar year 2024, the period beginning
on the day after the date on which the joint resolution
was placed on the calendar and ending on the 4th day
after the date on which the joint resolution was placed
on the calendar.
(ii) During succeeding years under subsection
(b)(2)(A), the period beginning on the day after the
date on which the joint resolution was placed on the
calendar and ending 20 calendar days later.
(iii) During succeeding years under subsection
(b)(2)(B), the period beginning on the day after the
date on which the joint resolution was placed on the
calendar and ending 50 calendar days later.
(C) Debate.--Debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between the majority and minority leaders or their
designees. A motion further to limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the joint resolution is not in order.
(D) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on a joint
resolution and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the Senate.
(E) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
a joint resolution shall be decided without debate.
(F) One joint resolution of disapproval per review
period.--Only one joint resolution shall be in order during
each of the review periods described in subsection (b), unless
the additional joint resolution is a joint resolution of the
House of Representatives considered under paragraph (2) or (3)
of subsection (f).
(f) Rules Relating to Senate and House of Representatives.--
(1) Coordination With Action by Other House.--If, before the
passage by one House of a joint resolution of that House, that House
receives from the other House a joint resolution, then the following
procedures shall apply:
(A) The joint resolution of the other House shall not be
referred to a committee.
(B) With respect to a joint resolution of the House
receiving the resolution--
(i) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
(ii) the vote on passage shall be on the joint
resolution of the other House.
(2) Treatment of Joint Resolution of Other House.--If one House
fails to introduce or consider a joint resolution under this section,
the joint resolution of the other House shall be entitled to expedited
floor procedures under this section.
(3) Treatment of Companion Measures.--If, following passage of the
joint resolution in the Senate, the Senate then receives the companion
measure from the House of Representatives, the companion measure shall
not be debatable.
(4) Consideration After Passage.--
(A) In general.--If Congress passes a joint resolution, the
period beginning on the date on which the President is
presented with the joint resolution and ending on the date on
which the President takes action with respect to the joint
resolution shall be disregarded in computing the 10-, 30-, or
60-calendar-day period described in subsection (b), but the
President may not take any action with respect to the
indebtedness of the Government of Ukraine during any such
period.
(B) Vetoes.--If the President vetoes the joint resolution,
debate on a veto message in the Senate under this section shall
be 1 hour equally divided between the majority and minority
leaders or their designees.
(5) Rules of House of Representatives and Senate.--This subsection
and subsections (c), (d), and (e) are enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and supersede
other rules only to the extent that they are inconsistent with
such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
Sec. 509. 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. 510. 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. 511. 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.
spending reduction account
Sec. 512. $0.
This Act may be cited as the ``Ukraine Security Supplemental
Appropriations Act, 2024''.
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