[118th Congress Public Law 50]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 895]]
Public Law 118-50
118th Congress
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2024, and for other purposes. <<NOTE: Apr. 24,
2024 - [H.R. 815]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS.
(a) Divisions.--This Act is organized into the following divisions:
(1) Division a.--Israel Security Supplemental Appropriations
Act, 2024.
(2) Division b.--Ukraine Security Supplemental
Appropriations Act, 2024.
(3) Division c.--Indo-Pacific Security Supplemental
Appropriations Act, 2024.
(4) Division d.--21st Century Peace through Strength Act.
(5) Division e.--FEND off Fentanyl Act.
(6) Division f.--Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act.
(7) Division g.--Other Matters.
(8) Division h.--Protecting Americans from Foreign Adversary
Controlled Applications Act.
(9) Division i.--Protecting Americans' Data from Foreign
Adversaries Act of 2024.
(10) Division j.--SHIP Act.
(11) Division k.--Fight CRIME Act.
(12) Division l.--MAHSA Act.
(13) Division m.--Hamas and Other Palestinian Terrorist
Groups International Financing Prevention Act.
(14) Division n.--No Technology for Terror Act.
(15) Division o.--Strengthening Tools to Counter the Use of
Human Shields Act.
(16) Division p.--Illicit Captagon Trafficking Suppression
Act.
(17) Division q.--End Financing for Hamas and State Sponsors
of Terrorism Act.
(18) Division r.--Holding Iranian Leaders Accountable Act.
(19) Division s.--Iran-China Energy Sanctions Act of 2023.
(20) Division t.--Budgetary Effects.
SEC. 2. 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.
[[Page 138 STAT. 896]]
DIVISION <<NOTE: Israel Security Supplemental Appropriations Act,
2024.>> A--ISRAEL SECURITY SUPPLEMENTAL APPROPRIATIONS ACT, 2024
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
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
(including transfers of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,400,000,000, to remain available until September 30, 2025, to
respond to the situation in Israel: Provided, That the amount provided
under this heading in this division 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 Israel or
identified and notified to Congress 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 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 <<NOTE: Notification. Time period.>> 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 <<NOTE: Determination.>> 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
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$801,400,000, to remain available until September 30, 2026, to respond
to the situation in Israel: Provided, That such amount
[[Page 138 STAT. 897]]
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'',
$5,200,000,000, to remain available until September 30, 2026, to respond
to the situation in Israel and for related expenses: Provided, That of
the total amount provided under this heading in this division,
$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
division, $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 <<NOTE: Transfer authority.>> 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 division 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 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'',
$198,600,000, to remain available until expended, for activities by the
Department of Defense pursuant to sections 108, 301, 302, and 303 of the
Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533):
Provided, That such amounts shall be obligated and expended by the
Secretary of Defense as if delegated the necessary authorities conferred
by the Defense Production Act of 1950: Provided further, That such
amount is designated by the Congress as 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. 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, <<NOTE: Time period. Execution plan.>> That none of the funds
provided under this section may be obligated or expended until 30 days
[[Page 138 STAT. 898]]
after the Secretary of Defense provides to the congressional defense
committees an execution plan: Provided further, <<NOTE: Time
period. Notification.>> 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 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, 2025, 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 division: 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 division 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 division: 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
[[Page 138 STAT. 899]]
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 STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $150,000,000,
to remain available until September 30, 2025, to respond to the
situation in Israel and areas and countries impacted by the situation in
Israel: Provided, That of the total amount provided under this heading
in this division, $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'',
$4,000,000, 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
office of inspector general
For an additional amount for ``Office of Inspector General'',
$3,000,000, 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.
[[Page 138 STAT. 900]]
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, including the provision of emergency food and
shelter, of 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.
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 of 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'', $75,000,000, to remain available until September 30,
2025, 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,
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, including 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.
[[Page 138 STAT. 901]]
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$3,500,000,000, to remain available until September 30, 2025, for
assistance for Israel and for related expenses: Provided, 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 division 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 <<NOTE: Consultation.>> 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, <<NOTE: Waiver
authority. Determination.>> That any congressional notification
requirement applicable to funds made available under this heading in
this division 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 up to $5,000,000 of funds made
available under this heading in this division, 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. 301. 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 <<NOTE: Consultation. Notification.>> 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. 302. <<NOTE: Applicability.>> 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. 303. <<NOTE: Applicability.>> 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. 304. <<NOTE: Applicability.>> 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''.
[[Page 138 STAT. 902]]
Sec. 305. Section 12001 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287) <<NOTE: 118 Stat. 1011.>> 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) <<NOTE: Determination. President.>> 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. 306. 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. 307. (a) Funds appropriated by this division under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be transferred to, and merged with, funds appropriated
by this division under such headings.
(b) Funds appropriated by this division under the headings
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated by this division
under such headings.
(c) <<NOTE: Consultation. Notification.>> 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.
(d) <<NOTE: Determination.>> 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. 308.
None of the funds appropriated or otherwise made available by this
division 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. 309. <<NOTE: Reports. Policies. Processes. Procedures.>> (a)
Certification.--The Secretary of State shall certify and report to the
appropriate congressional committees not later than fifteen days after
the date of enactment of this division, 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.
[[Page 138 STAT. 903]]
(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) <<NOTE: Consultation.>> 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, $4,000,000 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) <<NOTE: Time period.>> 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) <<NOTE: Time period. Expiration date. Reports.>> Assessment.--
Not later than 90 days after the date of enactment of this division 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.
[[Page 138 STAT. 904]]
(h) <<NOTE: Deadline.>> Consultation.--Not later than 30 days after
the date of enactment of this division 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. 310. <<NOTE: Deadline.>> Prior to the initial obligation of
funds made available in this title in this division, but not later than
15 days after the date of enactment of this division, the Secretary of
State shall submit to the Committees on Appropriations--
(1) <<NOTE: Spend plans.>> 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 division under the
headings ``International Narcotics Control and Law
Enforcement'', ``Peacekeeping Operations'' 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) <<NOTE: Operating plans.>> 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 ``Emergencies in the
Diplomatic and Consular Service''.
TITLE IV
GENERAL PROVISIONS--THIS DIVISION
Sec. 401. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the fiscal
year involved.
Sec. 402. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 403. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2024.
Sec. 404. <<NOTE: Deadline. Briefing.>> (a) Not later than 45 days
after the date of enactment of this division, 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) <<NOTE: Definition.>> 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.
[[Page 138 STAT. 905]]
(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. 405. Funds appropriated by this division 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. 406. <<NOTE: President.>> Each amount designated in this
division 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. 407. Any amount appropriated by this division, 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 division
shall retain such designation.
spending reduction account
Sec. 408. $0.
This division may be cited as the ``Israel Security Supplemental
Appropriations Act, 2024''.
DIVISION B <<NOTE: Ukraine Security Supplemental Appropriations Act,
2024.>> --UKRAINE SECURITY SUPPLEMENTAL APPROPRIATIONS ACT, 2024
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.
[[Page 138 STAT. 906]]
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.
[[Page 138 STAT. 907]]
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 division,
$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 <<NOTE: Contracts. Reimbursement. Notification.>> the total amount
provided under this heading in this division, 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,
<<NOTE: Notification. Time period.>> 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 <<NOTE: Determination.>> 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
[[Page 138 STAT. 908]]
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
[[Page 138 STAT. 909]]
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
[[Page 138 STAT. 910]]
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 division, including assistance
provided to Ukraine: Provided, That <<NOTE: Briefing. Deadline.>> 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 division: 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. <<NOTE: Determinations. Notifications.>> (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
[[Page 138 STAT. 911]]
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. <<NOTE: Reports.>> Not later than 60 days after the date
of enactment of this division, 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. <<NOTE: Time period. Expiration date. Reports. List.>>
Not later than 30 days after the date of enactment of this division, and
every 30 days thereafter through fiscal year 2025, the Secretary of
Defense, in coordination with the Secretary of State, shall provide a
written report to the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives and the Committees on
Appropriations, Armed Services, and Foreign Relations of the Senate
describing United States security assistance provided to Ukraine since
the February 24, 2022, Russian invasion of Ukraine, including a
comprehensive list of the defense articles and services provided to
Ukraine and the associated authority and funding used to provide such
articles and services: Provided, That such report shall be submitted in
unclassified form, but may be accompanied by a classified annex.
[[Page 138 STAT. 912]]
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 division 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
[[Page 138 STAT. 913]]
assistance, legal assistance, and case management assistance: Provided
further, That amounts made available under this heading in this division
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 <<NOTE: Allocations.>> 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 division, 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) <<NOTE: 8 USC
1101 note.>> 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.
[[Page 138 STAT. 914]]
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 division,
$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 <<NOTE: Reimbursement. Pensions.>> 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 division, $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
[[Page 138 STAT. 915]]
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,
<<NOTE: Deadline. Consultation.>> That not later than 60 days after the
date of enactment of this division, 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 division 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
[[Page 138 STAT. 916]]
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 division, 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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 division 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) <<NOTE: Consultation. Notification.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Applicability.>> Section 1705 of the Additional
Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law
117-328) shall apply to funds appropriated by this division under the
heading ``Economic Support Fund'' for assistance for Ukraine.
Sec. 406. <<NOTE: Russia. Belarus.>> None of the funds appropriated
or otherwise made available by this title in this division may be made
available for assistance for the Governments of the Russian Federation
or Belarus, including entities owned or controlled by such Governments.
[[Page 138 STAT. 917]]
Sec. 407. (a) Section 2606 of the Ukraine Supplemental
Appropriations Act, 2022 (division N of Public Law 117-103) <<NOTE: 136
Stat. 785.>> 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) <<NOTE: Loans. Time periods.>> 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 division 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 <<NOTE: Certification. Reports.>> 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, <<NOTE: Consultation.>> That not less than 60 days after the
date of enactment of this division, 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 <<NOTE: Consultation.>> appropriated under the
headings ``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' in this title in this division may be made available
as contributions, following consultation with the Committees on
Appropriations.
Sec. 409. <<NOTE: Deadline. Plans.>> Prior to the initial
obligation of funds made available in this title in this division, but
not later than 15 days after the date of enactment of this division, 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 division under the headings ``Economic Support Fund'',
``Transition Initiatives'', ``Assistance for Europe, Eurasia and
Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism,
[[Page 138 STAT. 918]]
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 DIVISION
Sec. 501. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the fiscal
year involved.
Sec. 502. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 503. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2024.
Sec. 504. <<NOTE: Deadline. Strategy.>> Not later than 45 days
after the date of enactment of this division, 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 <<NOTE: Estimate.>> 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, <<NOTE: Classified information. Assessment.>> 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
[[Page 138 STAT. 919]]
gains in alignment with the strategy: Provided
further, <<NOTE: Classified information. Assessment.>> 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, <<NOTE: Assessment. Schedule.>> 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 <<NOTE: Foreign
countries.>> 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 <<NOTE: Updates. Time
period. Termination date.>> 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 <<NOTE: President.>> practicable after the date of enactment of this
division, 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) <<NOTE: Determination.>> 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 division 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) <<NOTE: Reports. Audits. Evaluations.>> Certification.--Not
later than 15 days prior to the initial obligation of funds appropriated
by this division 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
[[Page 138 STAT. 920]]
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: <<NOTE: Applicability.>> Provided, That section 7015(e) of Public
Law 118-47 shall apply to the certification requirement of this
subsection.
(c) <<NOTE: President. Reports.>> Cost Matching.--Funds appropriated
by this division 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, <<NOTE: Waiver
authority. Determination.>> 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 <<NOTE: Time period. Updates.>> 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, <<NOTE: Continuation.>> That the requirements of this
subsection shall continue in effect until such funds are expended.
Sec. 507. <<NOTE: Deadline. President.>> (a) Arrangement
Required.--Notwithstanding any other provision of law, not later than 60
days after the date of the enactment of this division, 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 division.
(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) <<NOTE: Effective dates.>> 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 division.
Upon completion of the congressional review
[[Page 138 STAT. 921]]
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. <<NOTE: President.>> (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) <<NOTE: Effective dates.>> 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 earlier 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 earlier 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 considered and
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) <<NOTE: Definition.>> Joint Resolution of Disapproval.--In this
section, the term ``joint resolution'' means only a joint resolution--
(1) <<NOTE: Deadline.>> 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
[[Page 138 STAT. 922]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: Time period.>> 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
[[Page 138 STAT. 923]]
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) <<NOTE: Time period.>> 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) <<NOTE: Applicability.>> 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
[[Page 138 STAT. 924]]
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) <<NOTE: Time periods. President.>> 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) <<NOTE: Applicability.>> 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 division 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. <<NOTE: President. Emergency designations.>> Each amount
designated in this division 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 division, 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 division
shall retain such designation.
[[Page 138 STAT. 925]]
spending reduction account
Sec. 512. $0.
This division may be cited as the ``Ukraine Security Supplemental
Appropriations Act, 2024''.
DIVISION C-- <<NOTE: Indo-Pacific Security Supplemental Appropriations
Act, 2024.>> INDO-PACIFIC SECURITY SUPPLEMENTAL APPROPRIATIONS ACT, 2024
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
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$557,758,000, to remain available until September 30, 2024, to support
improvements to the submarine industrial base 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'', $1,900,000,000, to remain available until September 30, 2025, to
respond to the situation in Taiwan and for related expenses:
Provided, <<NOTE: Contracts. Reimbursement. Taiwan. Notification.>>
That such funds 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 Taiwan or identified and notified to Congress for provision to 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 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, <<NOTE: Notification. Time period.>> 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, <<NOTE: Determination.>> 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
[[Page 138 STAT. 926]]
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
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
division, 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'',
$293,570,000, to remain available until September 30, 2026, to support
improvements to the submarine industrial base 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.
Defense Production Act Purchases
For an additional amount for ``Defense Production Act Purchases'',
$132,600,000, to remain available until expended, for activities by the
Department of Defense pursuant to sections 108, 301, 302, and 303 of the
Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533):
Provided, That such amounts shall be obligated and expended by the
Secretary of Defense as if delegated the necessary authorities conferred
by the Defense Production Act of 1950: Provided further, That such
amount is designated by the Congress as 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, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $7,000,000, to remain available until September 30,
2025, to support improvements to the submarine industrial base and for
related expenses: Provided, That such amount
[[Page 138 STAT. 927]]
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
Sec. 101. 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 <<NOTE: Time period. Execution
plan.>> 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 <<NOTE: Time
period. Notification.>> 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 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, <<NOTE: Deadline. Expenditure plan.>> That
not later than 60 days after the date of enactment of this division, 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 division:
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 being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
[[Page 138 STAT. 928]]
TITLE III
DEPARTMENT OF STATE AND RELATED AGENCY
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$2,000,000,000 (increased by $500,000,000) (reduced by $500,000,000), to
remain available until September 30, 2025, for assistance for the Indo-
Pacific region and for related expenses: Provided, <<NOTE: Loans.>>
That amounts made available under this heading in this division 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
division, 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.
[[Page 138 STAT. 929]]
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 301. During <<NOTE: Applicability.>> 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. 302. During <<NOTE: Applicability.>> 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. 303. <<NOTE: Applicability.>> 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. 304. (a) Section 2606 of the Ukraine Supplemental
Appropriations Act, 2022 (division N of Public Law 117-103) <<NOTE: 136
Stat. 785.>> 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''.
(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) <<NOTE: Loans. Time periods.>> 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 division 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 <<NOTE: Certification. Reports.>> 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, <<NOTE: Consultation.>> That not less than 60 days after the
date of enactment of this division, 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. 305. <<NOTE: Deadline. Spend plans.>> Prior to the initial
obligation of funds made available in this title in this division, but
not later than 15 days after the date of enactment of this division, the
Secretary of State and
[[Page 138 STAT. 930]]
the Secretary of the Treasury, as appropriate, shall submit to the
Committees on Appropriations 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
division under the headings ``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.
__________
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Editorial note: The text above is the only information printed on
this page of the signed law.
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[[Page 138 STAT. 931]]
TITLE IV
GENERAL PROVISIONS--THIS DIVISION
Sec. 401. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the fiscal
year involved.
Sec. 402. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 403. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2024.
Sec. 404. Funds appropriated by this division 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. 405. <<NOTE: President. Emergency designations.>> Each amount
designated in this division 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. 406. Any amount appropriated by this division, 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 division
shall retain such designation.
spending reduction account
Sec. 407. $0.
This division may be cited as the ``Indo-Pacific Security
Supplemental Appropriations Act, 2024''.
DIVISION D <<NOTE: 21st Century Peace through Strength Act.>> --21ST
CENTURY PEACE THROUGH STRENGTH ACT
SEC. 1. SHORT TITLE.
This division may be cited as the ``21st Century Peace through
Strength Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
DIVISION E--FEND OFF FENTANYL ACT
Sec. 3001. Short titles.
Sec. 3002. Sense of Congress.
[[Page 138 STAT. 932]]
Sec. 3003. Definitions.
TITLE I--SANCTIONS MATTERS
Subtitle A--Sanctions in Response to National Emergency Relating to
Fentanyl Trafficking
Sec. 3101. Finding; policy.
Sec. 3102. Use of national emergency authorities; reporting.
Sec. 3103. Imposition of sanctions with respect to fentanyl trafficking
by transnational criminal organizations.
Sec. 3104. Penalties; waivers; exceptions.
Sec. 3105. Treatment of forfeited property of transnational criminal
organizations.
Subtitle B--Other Matters
Sec. 3111. Ten-year statute of limitations for violations of sanctions.
Sec. 3112. Classified report and briefing on staffing of office of
foreign assets control.
Sec. 3113. Report on drug transportation routes and use of vessels with
mislabeled cargo.
Sec. 3114. Report on actions of People's Republic of China with respect
to persons involved in fentanyl supply chain.
TITLE II--ANTI-MONEY LAUNDERING MATTERS
Sec. 3201. Designation of illicit fentanyl 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.
Sec. 3203. Report on trade-based money laundering in trade with Mexico,
the People's Republic of China, and Burma.
TITLE III--EXCEPTION RELATING TO IMPORTATION OF GOODS
Sec. 3301. Exception relating to importation of goods.
DIVISION F--REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR
UKRAINIANS ACT
TITLE I--REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR UKRAINIANS
ACT
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE II--REPURPOSING OF RUSSIAN SOVEREIGN ASSETS
Sec. 101. Findings; sense of Congress.
Sec. 102. Sense of Congress regarding importance of the Russian
Federation providing compensation to Ukraine.
Sec. 103. Prohibition on release of blocked Russian sovereign assets.
Sec. 104. Authority to ensure compensation to Ukraine using seized
Russian sovereign assets and Russian aggressor state
sovereign assets.
Sec. 105. International mechanism to use Russian sovereign assets and
Russian aggressor state sovereign assets to provide for the
reconstruction of Ukraine.
Sec. 106. Report on use of transferred Russian sovereign assets for
reconstruction.
Sec. 107. Assessment by Secretary of State and Administrator of USAID on
reconstruction and rebuilding needs of Ukraine.
Sec. 108. Extensions.
DIVISION G--OTHER MATTERS
Sec. 1. Report and imposition of sanctions to harmonize with allied
sanctions.
Sec. 2. Inclusion of information on emerging technological developments
in annual China Military Power report.
DIVISION H--PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED
APPLICATIONS ACT
Sec. 1. Short title.
Sec. 2. Prohibition of foreign adversary controlled applications.
Sec. 3. Judicial review.
DIVISION I--PROTECTING AMERICANS' DATA FROM FOREIGN ADVERSARIES ACT OF
2024
Sec. 1. Short title.
[[Page 138 STAT. 933]]
Sec. 2. Prohibition on transfer of personally identifiable sensitive
data of United States individuals to foreign adversaries.
DIVISION J--SHIP ACT
Sec. 1. Short title.
Sec. 2. Statement of policy.
Sec. 3. Imposition of sanctions with respect to Iranian petroleum.
Sec. 4. Report on Iranian petroleum and petroleum products exports.
Sec. 5. Strategy to counter role of the People's Republic of China in
evasion of sanctions with respect to Iran.
Sec. 6. Definitions.
DIVISION K--FIGHT CRIME ACT
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Report.
Sec. 5. Sanctions to combat the proliferation of Iranian missiles.
Sec. 6. Report to identify, and designation as foreign terrorist
organizations of, Iranian persons that have attacked united
states citizens using unmanned combat aerial vehicles.
Sec. 7. Definitions.
DIVISION L--MAHSA ACT
Sec. 1. Short title.
Sec. 2. Imposition of sanctions on Iran's supreme leader's office, its
appointees, and any affiliated persons.
Sec. 3. Severability.
DIVISION M--HAMAS AND OTHER PALESTINIAN TERRORIST GROUPS INTERNATIONAL
FINANCING PREVENTION ACT
Sec. 1. Short title.
Sec. 2. Statement of policy.
Sec. 3. Imposition of sanctions with respect to foreign persons
supporting acts of terrorism or engaging in significant
transactions with senior members of Hamas, Palestinian
Islamic jihad and other Palestinian terrorist organizations.
Sec. 4. Imposition of measures with respect to foreign states providing
support to Hamas, Palestinian Islamic jihad and other
Palestinian terrorist organizations.
Sec. 5. Reports on activities to disrupt global fundraising, financing,
and money laundering activities of Hamas, Palestinian Islamic
jihad, al-aqsa martyrs brigade, the lion's den or any
affiliate or successor thereof.
Sec. 6. Termination.
Sec. 7. Definitions.
DIVISION N--NO TECHNOLOGY FOR TERROR ACT
Sec. 1. Short title.
Sec. 2. Application of foreign-direct product rules to Iran.
DIVISION O--STRENGTHENING TOOLS TO COUNTER THE USE OF HUMAN SHIELDS ACT
Sec. 1. Short title.
Sec. 2. Statement of policy.
Sec. 3. Modification and extension of Sanctioning the Use of Civilians
as Defenseless Shields Act.
Sec. 4. Report on countering the use of human shields.
Sec. 5. Confronting asymmetric and malicious cyber activities.
Sec. 6. Sanctions with respect to threats to current or former united
states officials.
DIVISION P--ILLICIT CAPTAGON TRAFFICKING SUPPRESSION ACT
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Imposition of sanctions with respect to illicit captagon
trafficking.
Sec. 5. Determinations with respect to the government of Syria,
hizballah, and networks affiliated with the government of
Syria or hizballah.
Sec. 6. Definitions.
DIVISION Q--END FINANCING FOR HAMAS AND STATE SPONSORS OF TERRORISM ACT
Sec. 1. Short title.
[[Page 138 STAT. 934]]
Sec. 2. Report on financing for Hamas.
Sec. 3. Multilateral Strategy to Disrupt Hamas Financing.
DIVISION R--HOLDING IRANIAN LEADERS ACCOUNTABLE ACT
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Report on financial institutions and assets connected to certain
Iranian officials.
Sec. 4. Restrictions on certain financial institutions.
Sec. 5. Exceptions for national security; implementation authority.
Sec. 6. Sunset.
Sec. 7. Definitions.
DIVISION S--IRAN-CHINA ENERGY SANCTIONS ACT OF 2023
Sec. 1. Short title.
Sec. 2. Sanctions on foreign financial institutions with respect to the
purchase of petroleum products and unmanned aerial vehicles
from Iran.
DIVISION T--BUDGETARY EFFECTS
Sec. 1. Budgetary effects.
DIVISION E-- <<NOTE: Fentanyl Eradication and Narcotics Deterrence Off
Fentanyl.>> FEND OFF FENTANYL ACT
SEC. 3001. <<NOTE: 21 USC 2341 note.>> 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
[[Page 138 STAT. 935]]
(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. <<NOTE: 21 USC 2341.>> 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.
[[Page 138 STAT. 936]]
TITLE I--SANCTIONS MATTERS
Subtitle A-- <<NOTE: President.>> Sanctions in Response to National
Emergency Relating to Fentanyl Trafficking
SEC. 3101. <<NOTE: 21 USC 2351.>> 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. <<NOTE: 21 USC 2352.>> 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 division, 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) <<NOTE: Regulations. Policies. Guidance.>> 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) <<NOTE: Procedures.>> 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. <<NOTE: 21 USC 2353.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO FENTANYL TRAFFICKING BY
TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) In General.-- <<NOTE: Determination.>> The President shall
impose the sanctions described in subsection (b) with respect to any
foreign person the President determines--
[[Page 138 STAT. 937]]
(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) <<NOTE: Time period.>> Report Required.--Not later than 180 days
after the date of the enactment of this division, 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. <<NOTE: 21 USC 2354.>> 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.-- <<NOTE: Determination.>> 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.
[[Page 138 STAT. 938]]
SEC. 3105. <<NOTE: 21 USC 2355.>> 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.-- <<NOTE: Time period.>> Not later than
180 days after the date of the enactment of this division, 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) <<NOTE: Notice.>> 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
[[Page 138 STAT. 939]]
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) <<NOTE: Notice.>> 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
division, 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. <<NOTE: Classified
information. Briefing. Assessment.>> REPO
RT ON DRUG TRANSPORTATION ROUTES AND USE
OF VESSELS WITH MISLABELED CARGO.
Not later than 180 days after the date of the enactment of this
division, 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. <<NOTE: Classified information. Briefing.>> 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
division, 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.
[[Page 138 STAT. 940]]
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. <<NOTE: 21 USC 2313a.>> DESIGNATION OF TRANSACTIONS
OF SANCTIONED PERSONS AS OF PRIMARY
MONEY LAUNDERING CONCERN.
``(a) In General.-- <<NOTE: Determination. Regulations.>> 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) <<NOTE: Requirement.>> 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) <<NOTE: Courts. Submission.>> 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.-- <<NOTE: Applicability.>> 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.-- <<NOTE: Applicability.>> 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).
[[Page 138 STAT. 941]]
``(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. <<NOTE: 21 USC 2361.>> TREATMENT OF TRANSNATIONAL
CRIMINAL ORGANIZATIONS IN SUSPICIOUS
TRANSACTIONS REPORTS OF THE FINANCIAL
CRIMES ENFORCEMENT NETWORK.
(a) Filing Instructions.-- <<NOTE: Guidance.>> Not later than 180
days after the date of the enactment of this division, 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
division, 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. <<NOTE: 21 USC 2371.>> 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.
[[Page 138 STAT. 942]]
(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.
DIVISION F-- <<NOTE: Rebuilding Economic Prosperity and Opportunity for
Ukrainians Act.>> REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR
UKRAINIANS ACT
TITLE I
SEC. 1. <<NOTE: 22 USC 9521 note.>> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This division may be cited as the ``Rebuilding
Economic Prosperity and Opportunity for Ukrainians Act'' or the ``REPO
for Ukrainians Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
TITLE I
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE II--REPURPOSING OF RUSSIAN SOVEREIGN ASSETS
Sec. 101. Findings; sense of Congress.
Sec. 102. Sense of Congress regarding importance of the Russian
Federation providing compensation to Ukraine.
Sec. 103. Prohibition on release of blocked Russian sovereign assets.
Sec. 104. Authority to ensure compensation to Ukraine using seized
Russian sovereign assets and Russian aggressor state
sovereign assets.
Sec. 105. International mechanism to use Russian sovereign assets and
Russian aggressor state sovereign assets to provide for the
reconstruction of Ukraine.
Sec. 106. Report on use of transferred Russian sovereign assets for
reconstruction.
Sec. 107. Assessment by Secretary of State and Administrator of USAID on
reconstruction and rebuilding needs of Ukraine.
Sec. 108. Extensions.
SEC. 2. <<NOTE: 22 USC 9521 note.>> DEFINITIONS.
In this division:
(1) Russian aggressor state.--The term ``Russian aggressor
state'' means--
(A) the Russian Federation; and
(B) <<NOTE: Belarus. President. Determination.>> Belarus,
if the President determines Belarus has engaged in an
act of war against Ukraine related to Russia's ongoing
February 24, 2022, invasion of Ukraine.
(2) Russian aggressor state sovereign asset.--
<<NOTE: President. Determination.>> The term ``Russian aggressor
state sovereign asset'' means any Russian sovereign assets or
any funds or property of another Russian aggressor state
determined by the President to be of the same sovereign
character as the assets described in paragraph (7).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
[[Page 138 STAT. 943]]
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Z) of section 5312(a)(2) of title 31, United States
Code.
(5) G7.--The term ``G7'' means the countries that are member
of the informal Group of 7, including Canada, France, Germany,
Italy, Japan, the United Kingdom, and the United States.
(6) Russian sovereign asset.--The term ``Russian sovereign
asset'' means any of the following:
(A) Funds and other property of--
(i) the Central Bank of the Russian
Federation;
(ii) the Russian National Wealth Fund; or
(iii) the Ministry of Finance of the Russian
Federation.
(B) Any other funds or other property that are owned
by the Government of the Russian Federation, including
by any subdivision, agency, or instrumentality of that
government.
(7) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(8) United states financial institution.--The term ``United
States financial institution'' means a financial institution
organized under the laws of the United States or of any
jurisdiction within the United States, including a foreign
branch of such an institution.
(9) Seize or seizure.--The term ``seize'' or ``seizure''
means confiscation of all right, title, and interest whatsoever
in a Russian sovereign asset or a Russian aggressor state
sovereign asset and vesting of the same in the United States.
TITLE II--REPURPOSING OF RUSSIAN SOVEREIGN ASSETS
SEC. 101. <<NOTE: 22 USC 9521 note.>> FINDINGS; SENSE OF
CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) On February 24, 2022, the Government of the Russian
Federation violated the sovereignty and territorial integrity of
Ukraine by engaging in a premeditated, second illegal invasion
of Ukraine.
(2) The international community has condemned the illegal
invasions of Ukraine by the Russian Federation, as well as the
commission of the crime of aggression, war crimes, crimes
against humanity, and genocide by officials of the Russian
Federation, including through the deliberate targeting of
civilians and civilian infrastructure, the forcible transfer of
children, and the commission of sexual violence.
(3) The leaders of the G7 have called the Russian
Federation's ``unprovoked and completely unjustified attack on
the democratic state of Ukraine'' a ``serious violation of
international law and a grave breach of the United Nations
Charter and all commitments Russia entered in the Helsinki Final
[[Page 138 STAT. 944]]
Act and the Charter of Paris and its commitments in the Budapest
Memorandum''.
(4) On March 2, 2022, the United Nations General Assembly
adopted Resolution ES-11/1, entitled ``Aggression against
Ukraine'', by a vote of 141 to 5. That resolution ``deplore[d]
in the strongest terms the aggression by the Russian Federation
against Ukraine in violation of Article 2(4) of the [United
Nations] Charter'' and demanded that the Russian Federation
``immediately cease its use of force against Ukraine'' and
``immediately, completely and unconditionally withdraw all of
its military forces from the territory of Ukraine within its
internationally recognized borders''.
(5) On March 16, 2022, the International Court of Justice
issued a provisional measures order requiring the Russian
Federation to ``immediately suspend the military operations that
it commenced on 24 February 2022 in the territory of Ukraine''
and, in this regard, observed that ``orders on provisional
measures . . . have binding effect''.
(6) On November 14, 2022, the United Nations General
Assembly adopted a resolution--
(A) recognizing that the Russian Federation has
committed a serious breach of the most fundamental norms
of international law and its gross and systematic
refusal to obey its obligations has affected the entire
international community;
(B) recognizing the need for the establishment, in
cooperation with Ukraine, of an international mechanism
for compensation for financially assessable damages
caused by the Russian Federation's internationally
wrongful acts; and
(C) recommending ``the creation . . . of an
international register of damage to serve as a record .
. . of evidence and claims information on damage, loss
or injury to all natural and legal persons concerned, as
well as the State of Ukraine, caused by internationally
wrongful acts of the Russian Federation in or against
Ukraine . . . .''.
(7) The Russian Federation bears international legal
responsibility for its aggression against Ukraine and, under
international law, must cease its internationally wrongful acts.
Because of this breach of the prohibition on aggression under
international law, the United States is legally entitled to take
counter measures that are proportionate and aimed at inducing
the Russian Federation to comply with its international
obligations.
(8) Approximately $300,000,000,000 of Russian sovereign
assets have been immobilized worldwide. Only a small fraction of
those assets, 1 to 2 percent, or between $4,000,000,000 and
$5,000,000,000, are reportedly subject to the jurisdiction of
the United States.
(9) The vast majority of immobilized Russian sovereign
assets, approximately $190,000,000,000, are reportedly subject
to the jurisdiction of Belgium. The Government of Belgium has
publicly indicated that any action by that Government regarding
those assets would be predicated on support by the G7.
(b) Sense of Congress.--It is the sense of Congress that, having
committed an act of aggression, as recognized by the United
[[Page 138 STAT. 945]]
Nations General Assembly on March 2, 2022, the Russian Federation is to
be considered as an aggressor state. The extreme illegal actions taken
by the Russian Federation, including an act of aggression, present a
unique situation, justifying the establishment of a legal authority for
the United States Government and other countries to confiscate Russian
sovereign assets in their respective jurisdictions.
SEC. 102. <<NOTE: 22 USC 9521 note.>> SENSE OF CONGRESS REGARDING
IMPORTANCE OF THE RUSSIAN FEDERATION
PROVIDING COMPENSATION TO UKRAINE.
It is the sense of Congress that--
(1) the Russian Federation bears responsibility for the
financial burden of the reconstruction of Ukraine and for
countless other costs associated with the illegal invasion of
Ukraine by the Russian Federation that began on February 24,
2022;
(2) the most effective ways to provide compensation for the
damages caused by the Russian Federation's internationally
wrongful acts should be assessed by an international mechanism
charged with determining compensation and providing assistance
to Ukraine;
(3) at least since November 2022 the Russian Federation has
been on notice of its opportunity to comply with its
international obligations, including to make full compensation
for injury, or, by agreement with Ukraine, to authorize an
international mechanism to resolve issues regarding compensation
to Ukraine;
(4) the Russian Federation can, by negotiated agreement,
participate in any international process to assess the damages
caused by the Russian Federation's internationally wrongful acts
and make funds available to compensate for these damages, and if
it fails to do so, the United States and other countries should
explore all avenues for ensuring compensation to Ukraine;
(5) the President should lead robust engagement on all
bilateral and multilateral aspects of the response by the United
States to acts by the Russian Federation that undermine the
sovereignty and territorial integrity of Ukraine, including on
any policy coordination and alignment regarding the repurposing
or ordered transfer of Russian sovereign assets in the context
of determining compensation and providing assistance to Ukraine;
(6) as part of the robust engagement on bilateral and
multilateral responses to acts by the Russian Federation that
undermine the sovereignty and territorial integrity of Ukraine,
the President should endeavor to facilitate creation of, and
United States participation in, an international mechanism
regarding the repurposing or seizure of sovereign assets of the
Russian Federation for the benefit of Ukraine.
(7) the repurposing of Russian sovereign assets is in the
national interests of the United States and consistent with
United States and international law;
(8) the United States should work with international allies
and partners on the repurposing of Russian sovereign assets as
part of a coordinated, multilateral effort, including with G7
countries and other countries in which Russian sovereign assets
are located; and
[[Page 138 STAT. 946]]
(9) any effort by the United States to confiscate and
repurpose Russian sovereign assets should be undertaken
alongside international allies and partners as part of a
coordinated, multilateral effort, including with G7 countries,
the European Union, Australia, and other countries in which
Russian sovereign assets are located.
SEC. 103. <<NOTE: President. 22 USC 9521 note.>> PROHIBITION ON
RELEASE OF BLOCKED RUSSIAN SOVEREIGN
ASSETS.
(a) In General.-- <<NOTE: Certification.>> No Russian sovereign
asset that is blocked or effectively immobilized by the Department of
the Treasury before the date specified in section 104(j) may be released
or mobilized, except as otherwise authorized by this division, until the
date on which the President certifies to the appropriate congressional
committees that--
(1) hostilities between the Russian Federation and Ukraine
have ceased; and
(2)(A) full compensation has been made to Ukraine for harms
resulting from the invasion of Ukraine by the Russian
Federation; or
(B) the Russian Federation is participating in a bona fide
international mechanism that, by agreement, will discharge the
obligations of the Russian Federation to compensate Ukraine for
all amounts determined to be owed to Ukraine.
(b) Notification.--Not later than 30 days before the release or
mobilization of a Russian sovereign asset that is blocked or effectively
immobilized by the Department of the Treasury, the President shall
submit to the appropriate congressional committees--
(1) a notification of the decision to take the action that
releases or mobilizes the asset; and
(2) a justification in writing for such decision.
(c) Joint Resolution of Disapproval.--
(1) In general.-- <<NOTE: Deadline.>> No Russian sovereign
asset that is blocked or effectively immobilized by the
Department of the Treasury may be released or mobilized if,
within 30 days of receipt of the notification and justification
required under subsection (b), a joint resolution is enacted
into law prohibiting the proposed release or mobilization.
(2) Expedited procedures.--Any joint resolution described in
paragraph (1) introduced in either House of Congress shall be
considered in accordance with the provisions of section 601(b)
of the International Security Assistance and Arms Export Control
Act of 1976 (Public Law 94-329; 90 Stat. 765), except that any
such resolution shall be subject to germane
amendments. <<NOTE: Time period. Determination.>> If such a
joint resolution should be vetoed by the President, the time for
debate in consideration of the veto message on such measure
shall be limited to 20 hours in the Senate and in the House of
Representatives shall be determined in accordance with the Rules
of the House.
(d) Cooperation on Prohibition of Release of Certain Russian
Sovereign Assets.--Notwithstanding subsection (a), the President may
take such actions as may be necessary to seek to obtain an agreement or
arrangement to which the Government of Ukraine is party that discharges
the Russian Federation from further obligations to compensate Ukraine.
[[Page 138 STAT. 947]]
SEC. 104. <<NOTE: President. 22 USC 9521 note.>> AUTHORITY TO
ENSURE COMPENSATION TO UKRAINE USING
SEIZED RUSSIAN SOVEREIGN ASSETS AND
RUSSIAN AGGRESSOR STATE SOVEREIGN ASSETS.
(a) Reporting on Russian Assets.--
(1) Notice required.-- <<NOTE: Regulations.>> Not later than
90 days after the date of the enactment of this division, the
President shall, by means of such instructions or regulations as
the President may prescribe, require any financial institution
at which Russian sovereign assets are located, and that knows or
should know of such assets, to provide notice of such assets,
including relevant information required under section
501.603(b)(ii) of title 31, Code of Federal Regulations (or
successor regulations), to the Secretary of the Treasury not
later than 10 days after detection of such assets.
(2) Report required.--
(A) In general.--Not later than 180 days after the
date of the enactment of this division, and annually
thereafter for 3 years, the President shall submit to
the appropriate congressional committees a report
detailing the status of Russian sovereign assets with
respect to which notice has been provided to the
Secretary of the Treasury under paragraph (1).
(B) Form.--The report required by subparagraph (A)
shall be submitted in unclassified form, but may include
a classified annex.
(b) Seizure or Transfer of Assets.--
(1) Seizure of russian aggressor state sovereign assets.--
<<NOTE: Effective date.>> On and after the date that is 30 days
after the President submits to the appropriate congressional
committees the certification described in subsection (c), the
President may seize, confiscate, transfer, or vest any Russian
aggressor state sovereign assets, in whole or in part, and
including any interest or interests in such assets, subject to
the jurisdiction of the United States for the purpose of
transferring those funds to the Ukraine Support Fund established
under subsection (d).
(2) Vesting.--For funds confiscated under paragraph (1), all
right, title, and interest shall vest in the United States
Government, provided that no use of those funds other than the
use of those funds consistent with subsection (f) shall be
permitted.
(3) Liquidation and deposit.--The President shall--
(A) deposit any funds seized, transferred, or
confiscated under paragraph (1) into the Ukraine Support
Fund established under subsection (d);
(B) liquidate or sell any other property seized,
transferred, or confiscated under paragraph (1) and
deposit the funds resulting from such liquidation or
sale into the Ukraine Support Fund; and
(C) make all such funds available for the purposes
described in subsection (f).
(4) Method of seizure, transfer, or confiscation.--The
President may seize, transfer, confiscate or vest Russian
aggressor state sovereign assets under paragraph (1) through
instructions or licenses or in such other manner as the
President determines appropriate.
[[Page 138 STAT. 948]]
(c) Certification.--The certification described in this subsection,
with respect to Russian aggressor state sovereign assets, is a
certification that--
(1) seizing, confiscating, transferring, or vesting Russian
aggressor state sovereign assets for the benefit of Ukraine is
in the national interests of the United States;
(2) the President has meaningfully coordinated with G7
leaders to take multilateral action with regard to any seizure,
confiscation, vesting, or transfer of Russian sovereign assets
for the benefit of Ukraine; and
(3) either--
(A) the President has received an official and
legitimate request from a properly constituted
international mechanism that includes the participation
of the Government of Ukraine and the United States and
that has been established for the purpose of, or
otherwise tasked with, compensating Ukraine for damages
arising or resulting from the internationally wrongful
acts of the Russian Federation regarding the repurposing
of sovereign assets of the Russian Federation; or
(B) either--
(i) the Russian Federation has not ceased its
unlawful aggression against Ukraine; or
(ii) the Russian Federation has ceased its
unlawful aggression against Ukraine, but--
(I) has not provided full
compensation to Ukraine for harms
resulting from the internationally
wrongful acts of the Russian Federation;
and
(II) is not participating in a bona
fide process to provide full
compensation to Ukraine for harms
resulting from Russian aggression.
(d) Establishment of the Ukraine Support Fund.--
(1) Ukraine support fund.--The President shall establish an
account, to be known as the ``Ukraine Support Fund'', to consist
of any funds with respect to which a seizure is ordered pursuant
to subsection (b).
(2) Use of funds.--The funds in the accounts established
under paragraph (1) shall be available to be used only as
specified in subsection (f).
(e) Rule of Construction.--Nothing in this section may be construed
to provide the President with the authority to seize, transfer,
confiscate, or vest title to foreign sovereign assets that are not
Russian aggressor state sovereign assets in the United States or
transfer any foreign sovereign assets to any recipient for any use other
than the uses described in this division.
(f) Further Transfer and Use of Funds.--
(1) In general.--Subject to paragraphs (2) and (3), Funds in
the Ukraine Support Fund shall be available to the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, for the purpose of
providing assistance to Ukraine for the damage resulting from
the unlawful invasion by the Russian Federation that began on
February 24, 2022.
(2) Specific permissible uses.--Subject to paragraph (3),
the following are permissible uses of the funds in the Ukraine
Support Fund pursuant to paragraph (1):
[[Page 138 STAT. 949]]
(A) Making contributions to an international body,
fund, or mechanism established consistent with section
105(a) that is charged with determining and
administering compensation or providing assistance to
Ukraine.
(B) Supporting reconstruction, rebuilding, and
recovery efforts in Ukraine.
(C) Providing economic and humanitarian assistance
to the people of Ukraine.
(3) Notification.--
(A) In general.-- <<NOTE: Deadline.>> The Secretary
of State shall notify the appropriate congressional
committees not fewer than 15 days before providing any
funds from the Ukraine Support Fund to any other account
for the purposes described in paragraph (1).
(B) Elements.--A notification under subparagraph (A)
with respect to the transfer of funds to another account
pursuant to paragraph (1) shall specify--
(i) the amount of funds to be provided;
(ii) the specific purpose for which such funds
are provided; and
(iii) the recipient of those funds.
(g) Limitation on Transfer of Funds.-- <<NOTE: Certification.>> No
funds may be transferred or otherwise expended from the Ukraine Support
Fund pursuant to subsection (f) unless the President certifies to the
appropriate congressional committees that--
(1) <<NOTE: Plan.>> a plan exists to ensure transparency and
accountability for all funds transferred to and from any account
receiving the funds; and
(2) the President has transmitted the plan required under
paragraph (1) to the appropriate congressional committees in
writing.
(h) Joint Resolution of Disapproval.-- <<NOTE: Deadline.>> No funds
may be transferred pursuant to subsection (f) if, within 15 days of
receipt of the notification required under subsection (f)(3), a joint
resolution is enacted into law prohibiting such transfer.
(i) <<NOTE: Time period.>> Report.--Not later than 90 days after the
date of the enactment of this division, and not less frequently than
every 180 days thereafter, the President shall submit to the appropriate
congressional committees a report that includes the following:
(1) <<NOTE: Records.>> An accounting of funds in the Ukraine
Support Fund.
(2) Any information regarding the disposition of funds in
any account to which funds have been transferred pursuant to
subsection (f) that has been transmitted to the President by the
institution housing said account during the period covered by
the report.
(3) A description of United States multilateral and
bilateral diplomatic engagement with allies and partners of the
United States that also have immobilized Russian sovereign
assets to compensate for damages caused by the Russian
Federation's internationally wrongful acts during the period
covered by the report.
(4) <<NOTE: Outline.>> An outline of steps taken to carry
out the establishment of the international mechanism described
by section 105(a) during the period covered by the report.
(j) Exception for United States Obligations Under Treaties.--The
authorities provided by this section may not be exercised
[[Page 138 STAT. 950]]
in a manner inconsistent with the obligations of the United States
under--
(1) the Convention on Diplomatic Relations, done at Vienna
April 18, 1961, and entered into force April 24, 1964 (23 UST
3227);
(2) the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force on March 19, 1967 (21 UST
77);
(3) the Agreement Regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947 (TIAS 1676); or
(4) any other international agreement to which the United
States is a state party on the day before the date of the
enactment of this division.
(k) Judicial Review.--
(1) Exclusiveness of remedy.--Notwithstanding any other
provision of law, any action taken under this section shall not
be subject to judicial review, except as provided in this
subsection.
(2) Limitations for filing claims.--A claim may only be
brought with respect to an action under this section--
(A) that alleges that the action will deny rights
under the Constitution of the United States; and
(B) <<NOTE: Deadline.>> if the claim is brought not
later than 60 days after the date of such action.
(3) Jurisdiction.--
(A) In general.--A claim under paragraph (2) of this
subsection shall be barred unless a complaint is filed
prior to the expiration of such time limits in the
United States District Court for the District of
Columbia.
(B) Appeal.-- <<NOTE: Notice. Deadline.>> An appeal
of an order of the United States District Court for the
District of Columbia issued pursuant to a claim brought
under this subsection shall be taken by a notice of
appeal filed with the United States Court of Appeals for
the District of Columbia Circuit not later than 10 days
after the date on which the order is entered.
(C) Expedited consideration.--It shall be the duty
of the United States District Court for the District of
Columbia and the United States Court of Appeals for the
District of Columbia Circuit to advance on the docket
and to expedite to the greatest possible extent the
disposition of any claim brought under this subsection.
(l) Sunset.--The authorities conferred under this section shall
terminate on the earlier of--
(1) the date that is 5 years after the date of the enactment
of this division; or
(2) <<NOTE: Determination. Certification.>> the date that is
120 days after the date on which the President determines and
certifies to the appropriate congressional committees that--
(A) the Russian Federation has reached an agreement
relating to the respective withdrawal of Russian forces
and cessation of military hostilities that is accepted
by the free and independent Government of Ukraine; and
(B)(i) full compensation has been made to Ukraine
for harms resulting from the invasion of Ukraine by the
Russian Federation;
[[Page 138 STAT. 951]]
(ii) the Russian Federation is participating in a
bona fide international mechanism that, by agreement,
will discharge the obligations of the Russian Federation
to compensate Ukraine for all amounts determined to be
owed to Ukraine; or
(iii) the Russian Federation's obligation to
compensate Ukraine for the damage caused by the Russian
Federation's aggression has been resolved pursuant to an
agreement between the Russian Federation and the
Government of Ukraine.
SEC. 105. <<NOTE: President. 22 USC 9521 note.>> INTERNATIONAL
MECHANISM TO USE RUSSIAN SOVEREIGN ASSETS
AND RUSSIAN AGGRESSOR STATE SOVEREIGN
ASSETS TO PROVIDE FOR THE RECONSTRUCTION
OF UKRAINE.
(a) In General.-- <<NOTE: Determination.>> The President shall take
such actions as the President determines appropriate to coordinate with
the G7, the European Union, Australia, and other partners and allies of
the United States regarding the disposition of immobilized Russian
aggressor state sovereign assets, including seeking to establish an
international mechanism with foreign partners, including Ukraine, the
G7, the European Union, Australia, and other partners and allies of the
United States, for the purpose of assisting Ukraine, which may include
the establishment of an international fund to be known as the ``Ukraine
Compensation Fund'', that may receive and use assets in the Ukraine
Support Fund established under section 104(c) and contributions from
foreign partners that have also frozen or seized Russian aggressor state
sovereign assets to assist Ukraine, including by--
(1) <<NOTE: Records. Assessment.>> supporting a register of
damage to serve as a record of evidence and for assessment of
the financially assessable damages to Ukraine resulting from the
invasions of Ukraine by the Russian Federation and operations or
actions in support thereof;
(2) establishing a mechanism to compensate Ukraine for
damages caused by Russia's internationally wrongful acts
connected with the invasions of Ukraine;
(3) ensuring distribution of those assets or the proceeds of
those assets based on determinations under that mechanism; and
(4) taking such other actions as may be necessary to carry
out this section.
(b) Authorization for Deposit in the Ukraine Compensation Fund.--
Upon the President reaching an agreement or arrangement to establish a
common international mechanism pursuant to subsection (a) or at any time
thereafter, the Secretary of State may, pursuant to the authority
conferred by and subject to the limitations described in section 104(f)
and subject to the limitations described in subsection (e), transfer
funds from the Ukraine Support Fund established under section 104(d) to
a fund or mechanism established consistent with subsection (a).
(c) Notification.-- <<NOTE: Deadline.>> The President shall notify
the appropriate congressional committees not later than 30 days after
entering into any new bilateral or multilateral agreement or arrangement
under subsection (a).
(d) Good Governance.--The Secretary of State, in consultation with
the Secretary of the Treasury, shall--
[[Page 138 STAT. 952]]
(1) seek to ensure that any fund or mechanism established
consistent with subsection (a) operates in accordance with
established international accounting principles;
(2) seek to ensure that any fund or mechanism established
consistent with subsection (a) is--
(A) staffed, operated, and administered in
accordance with established accounting rules and
governance procedures, including providing for payment
of reasonable expenses from the fund for the governance
and operation of the fund and the tribunal;
(B) operated transparently as to all funds
transfers, filings, and decisions; and
(C) <<NOTE: Audit.>> audited on a regular basis by
an independent auditor, in accordance with
internationally accepted accounting and auditing
standards;
(3) <<NOTE: Public information.>> seek to ensure that any
audits of any fund or mechanism established consistent with
subsection (a) shall be made available to the public; and
(4) <<NOTE: Review. Reports. Public information.>> ensure
that any audits of any fund or mechanism established consistent
with subsection (a) shall be reviewed and reported on by the
Government Accountability Office to the appropriate
congressional committees and the public.
(e) Limitation on Transfer of Funds.-- <<NOTE: Certification.>> No
funds may be transferred from the Ukraine Support Fund to a fund or
mechanism established consistent with subsection (a) unless the
President certifies to the appropriate congressional committees that--
(1) <<NOTE: Plan.>> the institution housing the fund or
mechanism has a plan to ensure transparency and accountability
for all funds transferred to and from the fund or mechanism
established consistent with subsection (a); and
(2) the President has transmitted the plan required under
paragraph (1) to the appropriate congressional committees in
writing.
(f) Joint Resolution of Disapproval.-- <<NOTE: Deadline.>> No funds
may be transferred from the Ukraine Support Fund to a fund or mechanism
established consistent with subsection (a) if, within 30 days of receipt
of the notification required under subsection (c)(2), a joint resolution
is enacted prohibiting the transfer.
(g) Report.--Not later than 90 days after the date of the enactment
of this division, and not less frequently than every 90 days thereafter,
the President shall submit to the appropriate congressional committees a
report that includes the following:
(1) <<NOTE: Records.>> An accounting of funds in any fund or
mechanism established consistent with subsection (a).
(2) Any information regarding the disposition of any such
fund or mechanism that has been transmitted to the President by
the institution housing the fund or mechanism during the period
covered by the report.
(3) A description of United States multilateral and
bilateral diplomatic engagement with allies and partners of the
United States that also have immobilized Russian sovereign
assets to allow for compensation for Ukraine during the period
covered by the report.
(4) <<NOTE: Outline.>> An outline of steps taken to carry
out this section during the period covered by the report.
[[Page 138 STAT. 953]]
SEC. 106. <<NOTE: 22 USC 9521 note.>> REPORT ON USE OF
TRANSFERRED RUSSIAN SOVEREIGN ASSETS FOR
RECONSTRUCTION.
Not later than 90 days after the date of the enactment of this
division, and every 180 days thereafter, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report that contains--
(1) the amount and source of Russian sovereign assets
seized, transferred, or confiscated pursuant to section 104(b);
(2) the amount and source of funds deposited into the
Ukraine Support Fund under section 104(b)(3); and
(3) a detailed description and accounting of how such funds
were used to meet the purposes described in section 104(f).
SEC. 107. <<NOTE: 22 USC 9521 note.>> ASSESSMENT BY SECRETARY OF
STATE AND ADMINISTRATOR OF USAID ON
RECONSTRUCTION AND REBUILDING NEEDS OF
UKRAINE.
(a) In General.-- <<NOTE: Deadline.>> Not later than 180 days after
the date of the enactment of this division, the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall submit to the appropriate congressional
committees an assessment of the most pressing needs of Ukraine for
reconstruction, rebuilding, and humanitarian aid.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) <<NOTE: Estimate.>> An estimate of the rebuilding and
reconstruction needs of Ukraine, as of the date of the
assessment, resulting from the unlawful invasion of Ukraine by
the Russian Federation, including--
(A) a description of the sources and methods for the
estimate; and
(B) an identification of the locations or regions in
Ukraine with the most pressing needs.
(2) <<NOTE: Estimate.>> An estimate of the humanitarian
needs, as of the date of the assessment, of the people of
Ukraine, including Ukrainians residing inside the
internationally recognized borders of Ukraine or outside those
borders, resulting from the unlawful invasion of Ukraine by the
Russian Federation.
(3) An assessment of the extent to which the needs described
in paragraphs (1) and (2) have been met or funded, by any
source, as of the date of the assessment.
(4) <<NOTE: Plan.>> A plan to engage in robust multilateral
and bilateral diplomacy to ensure that allies and partners of
the United States, particularly in the European Union as Ukraine
seeks accession to the European Union, increase their commitment
to Ukraine's reconstruction.
(5) An identification of which such needs should be
prioritized, including any assessment or request by the
Government of Ukraine with respect to the prioritization of such
needs.
SEC. 108. <<NOTE: 22 USC 9521 note.>> EXTENSIONS.
Section 5(a) of the Elie Wiesel Genocide and Atrocities Prevention
Act of 2018 (Public Law 115-441; 132 Stat. 5587) is amended, in the
matter preceding paragraph (1), by striking ``six years'' and inserting
``12 years''.
[[Page 138 STAT. 954]]
DIVISION G--OTHER MATTERS
SEC. 1. <<NOTE: President. 50 USC 1701 note.>> REPORT AND
IMPOSITION OF SANCTIONS TO HARMONIZE WITH
ALLIED SANCTIONS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this division, the President shall submit to the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report identifying--
(1) each foreign person currently subject to--
(A) sanctions issued by the European Union pursuant
to European Union Council Regulation No. 269/2014 of 17
March, 2014, as amended; or
(B) sanctions issued by the United Kingdom pursuant
to the Russia (Sanctions) (EU Exit) Regulations 2019, as
amended; and
(2) each such foreign person that also meets the criteria
for imposition of sanctions by the United States pursuant to--
(A) the Global Magnitsky Human Rights Accountability
Act of 2016 (22 U.S.C. 10101 et seq.);
(B) Executive Order 14024 (50 U.S.C. 1701 note,
relating to blocking property with respect to specified
harmful foreign activities of the Government of the
Russian Federation), as amended;
(C) Executive Order 14068 (50 U.S.C. 1701 note,
relating to prohibiting certain imports, exports, and
new investment with respect to continued Russian
Federation aggression), as amended; or
(D) Executive Order 14071 (50 U.S.C. 1701 note,
relating to prohibiting new investment in and certain
services to the Russian Federation in response to
continued Russian Federation aggression), as amended.
(b) Imposition of Sanctions.--The President may impose the sanctions
authorized by the applicable provision of law listed in subsection
(a)(2) with respect to each foreign person identified in the report
required under subsection (a)(1) who is not already subject to sanctions
under United States law pursuant to one or more statutory sanctions
authorities as of the date of the submission of such report.
SEC. 2. <<NOTE: 10 USC 113 note.>> INCLUSION OF INFORMATION ON
EMERGING TECHNOLOGICAL DEVELOPMENTS IN ANNUAL
CHINA MILITARY POWER REPORT.
(a) In General.--As part of each annual report submitted under
section 1202 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 10 U.S.C. 113 note)(commonly referred to as the
``China Military Power report''), the Secretary of Defense and Secretary
of State, in consultation with the heads of such other Federal
departments and agencies as the Secretary of Defense and Secretary of
State may determine appropriate, shall include a component on emerging
technological developments involving the People's Republic of China.
(b) Matters.-- <<NOTE: Assessment.>> Each report component referred
to in subsection (a) shall include an identification and assessment of
at least five fields of critical or emerging technologies in which the
People's Liberation Army is invested, or for which there are Military-
Civil
[[Page 138 STAT. 955]]
Fusion Development Strategy programs of the People's Republic of China,
including the following:
(1) <<NOTE: Summary.>> A brief summary of each such
identified field and its relevance to the military power and
national security of the People's Republic of China.
(2) The implications for the national security of the United
States as a result of the leadership or dominance by the
People's Republic of China in each such identified field and
associated supply chains.
(3) The identification of at least 10 entities domiciled in,
controlled by, or directed by the People's Republic of China
(including any subsidiaries of such entity), involved in each
such identified field, and an assessment of, with respect to
each such entity, the following:
(A) Whether the entity has procured components from
any known United States suppliers.
(B) Whether any United States technology imported by
the entity is controlled under United States
regulations.
(C) Whether United States capital is invested in the
entity, either through known direct investment or
passive investment flows.
(D) Whether the entity has any connection to the
People's Liberation Army, the Military-Civil Fusion
program of the People's Republic of China, or any other
state-sponsored initiatives of the People's Republic of
China to support the development of national champions.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate; and
(4) the Committee on Armed Services of the Senate.
DIVISION H-- <<NOTE: Protecting Americans from Foreign Adversary
Controlled Applications Act.>> PROTECTING AMERICANS FROM FOREIGN
ADVERSARY CONTROLLED APPLICATIONS ACT
SEC. 1. <<NOTE: 15 USC 9901 note.>> SHORT TITLE.
This division may be cited as the ``Protecting Americans from
Foreign Adversary Controlled Applications Act''.
SEC. 2. <<NOTE: 15 USC 9901 note.>> PROHIBITION OF FOREIGN
ADVERSARY CONTROLLED APPLICATIONS.
(a) In General.--
(1) Prohibition of foreign adversary controlled
applications.--It shall be unlawful for an entity to distribute,
maintain, or update (or enable the distribution, maintenance, or
updating of) a foreign adversary controlled application by
carrying out, within the land or maritime borders of the United
States, any of the following:
[[Page 138 STAT. 956]]
(A) Providing services to distribute, maintain, or
update such foreign adversary controlled application
(including any source code of such application) by means
of a marketplace (including an online mobile application
store) through which users within the land or maritime
borders of the United States may access, maintain, or
update such application.
(B) Providing internet hosting services to enable
the distribution, maintenance, or updating of such
foreign adversary controlled application for users
within the land or maritime borders of the United
States.
(2) Applicability.-- <<NOTE: Effective dates.>> Subject to
paragraph (3), this subsection shall apply--
(A) in the case of an application that satisfies the
definition of a foreign adversary controlled application
pursuant to subsection (g)(3)(A), beginning on the date
that is 270 days after the date of the enactment of this
division; and
(B) <<NOTE: President. Determination.>> in the case
of an application that satisfies the definition of a
foreign adversary controlled application pursuant to
subsection (g)(3)(B), beginning on the date that is 270
days after the date of the relevant determination of the
President under such subsection.
(3) Extension.-- <<NOTE: President. Certification.>> With
respect to a foreign adversary controlled application, the
President may grant a 1-time extension of not more than 90 days
with respect to the date on which this subsection would
otherwise apply to such application pursuant to paragraph (2),
if the President certifies to Congress that--
(A) a path to executing a qualified divestiture has
been identified with respect to such application;
(B) evidence of significant progress toward
executing such qualified divestiture has been produced
with respect to such application; and
(C) there are in place the relevant binding legal
agreements to enable execution of such qualified
divestiture during the period of such extension.
(b) Data and Information Portability to Alternative Applications.--
<<NOTE: Applicability.>> Before the date on which a prohibition under
subsection (a) applies to a foreign adversary controlled application,
the entity that owns or controls such application shall provide, upon
request by a user of such application within the land or maritime
borders of United States, to such user all the available data related to
the account of such user with respect to such application. Such data
shall be provided in a machine readable format and shall include any
data maintained by such application with respect to the account of such
user, including content (including posts, photos, and videos) and all
other account information.
(c) Exemptions.--
(1) Exemptions for qualified divestitures.--Subsection (a)--
(A) does not apply to a foreign adversary controlled
application with respect to which a qualified
divestiture is executed before the date on which a
prohibition under subsection (a) would begin to apply to
such application; and
[[Page 138 STAT. 957]]
(B) shall cease to apply in the case of a foreign
adversary controlled application with respect to which a
qualified divestiture is executed after the date on
which a prohibition under subsection (a) applies to such
application.
(2) Exemptions for certain necessary services.--Subsections
(a) and (b) do not apply to services provided with respect to a
foreign adversary controlled application that are necessary for
an entity to attain compliance with such subsections.
(d) Enforcement.--
(1) Civil penalties.--
(A) Foreign adversary controlled application
violations.--An entity that violates subsection (a)
shall be subject to pay a civil penalty in an amount not
to exceed the amount that results from multiplying
$5,000 by the number of users within the land or
maritime borders of the United States determined to have
accessed, maintained, or updated a foreign adversary
controlled application as a result of such violation.
(B) Data and information violations.--An entity that
violates subsection (b) shall be subject to pay a civil
penalty in an amount not to exceed the amount that
results from multiplying $500 by the number of users
within the land or maritime borders of the United States
affected by such violation.
(2) Actions by attorney general.--The Attorney General--
(A) <<NOTE: Investigations.>> shall conduct
investigations related to potential violations of
subsection (a) or (b), and, if such an investigation
results in a determination that a violation has
occurred, the Attorney General shall pursue enforcement
under paragraph (1); and
(B) <<NOTE: Courts.>> may bring an action in an
appropriate district court of the United States for
appropriate relief, including civil penalties under
paragraph (1) or declaratory and injunctive relief.
(e) Severability.--
(1) In general.--If any provision of this section or the
application of this section to any person or circumstance is
held invalid, the invalidity shall not affect the other
provisions or applications of this section that can be given
effect without the invalid provision or application.
(2) Subsequent determinations.--If the application of any
provision of this section is held invalid with respect to a
foreign adversary controlled application that satisfies the
definition of such term pursuant to subsection (g)(3)(A), such
invalidity shall not affect or preclude the application of the
same provision of this section to such foreign adversary
controlled application by means of a subsequent determination
pursuant to subsection (g)(3)(B).
(f) Rule of Construction.--Nothing in this division may be
construed--
(1) to authorize the Attorney General to pursue enforcement,
under this section, other than enforcement of subsection (a) or
(b);
[[Page 138 STAT. 958]]
(2) to authorize the Attorney General to pursue enforcement,
under this section, against an individual user of a foreign
adversary controlled application; or
(3) except as expressly provided herein, to alter or affect
any other authority provided by or established under another
provision of Federal law.
(g) Definitions.--In this section:
(1) Controlled by a foreign adversary.--The term
``controlled by a foreign adversary'' means, with respect to a
covered company or other entity, that such company or other
entity is--
(A) a foreign person that is domiciled in, is
headquartered in, has its principal place of business
in, or is organized under the laws of a foreign
adversary country;
(B) an entity with respect to which a foreign person
or combination of foreign persons described in
subparagraph (A) directly or indirectly own at least a
20 percent stake; or
(C) a person subject to the direction or control of
a foreign person or entity described in subparagraph (A)
or (B).
(2) Covered company.--
(A) In general.--The term ``covered company'' means
an entity that operates, directly or indirectly
(including through a parent company, subsidiary, or
affiliate), a website, desktop application, mobile
application, or augmented or immersive technology
application that--
(i) permits a user to create an account or
profile to generate, share, and view text, images,
videos, real-time communications, or similar
content;
(ii) has more than 1,000,000 monthly active
users with respect to at least 2 of the 3 months
preceding the date on which a relevant
determination of the President is made pursuant to
paragraph (3)(B);
(iii) enables 1 or more users to generate or
distribute content that can be viewed by other
users of the website, desktop application, mobile
application, or augmented or immersive technology
application; and
(iv) enables 1 or more users to view content
generated by other users of the website, desktop
application, mobile application, or augmented or
immersive technology application.
(B) Exclusion.--The term ``covered company'' does
not include an entity that operates a website, desktop
application, mobile application, or augmented or
immersive technology application whose primary purpose
is to allow users to post product reviews, business
reviews, or travel information and reviews.
(3) Foreign adversary controlled application.--The term
``foreign adversary controlled application'' means a website,
desktop application, mobile application, or augmented or
immersive technology application that is operated, directly or
indirectly (including through a parent company, subsidiary, or
affiliate), by--
(A) any of--
(i) ByteDance, Ltd.;
[[Page 138 STAT. 959]]
(ii) TikTok;
(iii) a subsidiary of or a successor to an
entity identified in clause (i) or (ii) that is
controlled by a foreign adversary; or
(iv) an entity owned or controlled, directly
or indirectly, by an entity identified in clause
(i), (ii), or (iii); or
(B) a covered company that--
(i) is controlled by a foreign adversary; and
(ii) <<NOTE: Determination. President.>> that
is determined by the President to present a
significant threat to the national security of the
United States following the issuance of--
(I) <<NOTE: Notice.>> a public
notice proposing such determination; and
(II) <<NOTE: Reports.>> a public
report to Congress, submitted not less
than 30 days before such determination,
describing the specific national
security concern involved and containing
a classified annex and a description of
what assets would need to be divested to
execute a qualified divestiture.
(4) Foreign adversary country.--The term ``foreign adversary
country'' means a country specified in section 4872(d)(2) of
title 10, United States Code.
(5) Internet hosting service.--The term ``internet hosting
service'' means a service through which storage and computing
resources are provided to an individual or organization for the
accommodation and maintenance of 1 or more websites or online
services, and which may include file hosting, domain name server
hosting, cloud hosting, and virtual private server hosting.
(6) Qualified divestiture.--
<<NOTE: President. Determinations.>> The term ``qualified
divestiture'' means a divestiture or similar transaction that--
(A) the President determines, through an interagency
process, would result in the relevant foreign adversary
controlled application no longer being controlled by a
foreign adversary; and
(B) the President determines, through an interagency
process, precludes the establishment or maintenance of
any operational relationship between the United States
operations of the relevant foreign adversary controlled
application and any formerly affiliated entities that
are controlled by a foreign adversary, including any
cooperation with respect to the operation of a content
recommendation algorithm or an agreement with respect to
data sharing.
(7) Source code.--The term ``source code'' means the
combination of text and other characters comprising the content,
both viewable and nonviewable, of a software application,
including any publishing language, programming language,
protocol, or functional content, as well as any successor
languages or protocols.
(8) United states.--The term ``United States'' includes the
territories of the United States.
SEC. 3. <<NOTE: 15 USC 9901 note.>> JUDICIAL REVIEW.
(a) Right of Action.--A petition for review challenging this
division or any action, finding, or determination under this division
[[Page 138 STAT. 960]]
may be filed only in the United States Court of Appeals for the District
of Columbia Circuit.
(b) Exclusive Jurisdiction.--The United States Court of Appeals for
the District of Columbia Circuit shall have exclusive jurisdiction over
any challenge to this division or any action, finding, or determination
under this division.
(c) Statute of Limitations.-- <<NOTE: Deadlines.>> A challenge may
only be brought--
(1) in the case of a challenge to this division, not later
than 165 days after the date of the enactment of this division;
and
(2) in the case of a challenge to any action, finding, or
determination under this division, not later than 90 days after
the date of such action, finding, or determination.
DIVISION I-- <<NOTE: Protecting Americans' Data from Foreign Adversaries
Act of 2024.>> PROTECTING AMERICANS' DATA FROM FOREIGN ADVERSARIES ACT
OF 2024
SEC. 1. <<NOTE: 15 USC 9901 note.>> SHORT TITLE.
This division may be cited as the ``Protecting Americans' Data from
Foreign Adversaries Act of 2024''.
SEC. 2. <<NOTE: 15 USC 9901.>> PROHIBITION ON TRANSFER OF
PERSONALLY IDENTIFIABLE SENSITIVE DATA OF
UNITED STATES INDIVIDUALS TO FOREIGN
ADVERSARIES.
(a) Prohibition.--It shall be unlawful for a data broker to sell,
license, rent, trade, transfer, release, disclose, provide access to, or
otherwise make available personally identifiable sensitive data of a
United States individual to--
(1) any foreign adversary country; or
(2) any entity that is controlled by a foreign adversary.
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section shall be treated as a violation of a rule defining
an unfair or a deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act.
(3) Authority preserved.--Nothing in this section may be
construed to limit the authority of the Commission under any
other provision of law.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
[[Page 138 STAT. 961]]
(2) Controlled by a foreign adversary.--The term
``controlled by a foreign adversary'' means, with respect to an
individual or entity, that such individual or entity is--
(A) a foreign person that is domiciled in, is
headquartered in, has its principal place of business
in, or is organized under the laws of a foreign
adversary country;
(B) an entity with respect to which a foreign person
or combination of foreign persons described in
subparagraph (A) directly or indirectly own at least a
20 percent stake; or
(C) a person subject to the direction or control of
a foreign person or entity described in subparagraph (A)
or (B).
(3) Data broker.--
(A) In general.--The term ``data broker'' means an
entity that, for valuable consideration, sells,
licenses, rents, trades, transfers, releases, discloses,
provides access to, or otherwise makes available data of
United States individuals that the entity did not
collect directly from such individuals to another entity
that is not acting as a service provider.
(B) Exclusion.--The term ``data broker'' does not
include an entity to the extent such entity--
(i) is transmitting data of a United States
individual, including communications of such an
individual, at the request or direction of such
individual;
(ii) is providing, maintaining, or offering a
product or service with respect to which
personally identifiable sensitive data, or access
to such data, is not the product or service;
(iii) is reporting or publishing news or
information that concerns local, national, or
international events or other matters of public
interest;
(iv) is reporting, publishing, or otherwise
making available news or information that is
available to the general public--
(I) including information from--
(aa) a book, magazine,
telephone book, or online
directory;
(bb) a motion picture;
(cc) a television, internet,
or radio program;
(dd) the news media; or
(ee) an internet site that
is available to the general
public on an unrestricted basis;
and
(II) not including an obscene visual
depiction (as such term is used in
section 1460 of title 18, United States
Code); or
(v) is acting as a service provider.
(4) Foreign adversary country.--The term ``foreign adversary
country'' means a country specified in section 4872(d)(2) of
title 10, United States Code.
(5) Personally identifiable sensitive data.--The term
``personally identifiable sensitive data'' means any sensitive
data that identifies or is linked or reasonably linkable, alone
[[Page 138 STAT. 962]]
or in combination with other data, to an individual or a device
that identifies or is linked or reasonably linkable to an
individual.
(6) Precise geolocation information.--The term ``precise
geolocation information'' means information that--
(A) is derived from a device or technology of an
individual; and
(B) reveals the past or present physical location of
an individual or device that identifies or is linked or
reasonably linkable to 1 or more individuals, with
sufficient precision to identify street level location
information of an individual or device or the location
of an individual or device within a range of 1,850 feet
or less.
(7) Sensitive data.--The term ``sensitive data'' includes
the following:
(A) A government-issued identifier, such as a Social
Security number, passport number, or driver's license
number.
(B) Any information that describes or reveals the
past, present, or future physical health, mental health,
disability, diagnosis, or healthcare condition or
treatment of an individual.
(C) A financial account number, debit card number,
credit card number, or information that describes or
reveals the income level or bank account balances of an
individual.
(D) Biometric information.
(E) Genetic information.
(F) Precise geolocation information.
(G) An individual's private communications such as
voicemails, emails, texts, direct messages, mail, voice
communications, and video communications, or information
identifying the parties to such communications or
pertaining to the transmission of such communications,
including telephone numbers called, telephone numbers
from which calls were placed, the time calls were made,
call duration, and location information of the parties
to the call.
(H) Account or device log-in credentials, or
security or access codes for an account or device.
(I) Information identifying the sexual behavior of
an individual.
(J) Calendar information, address book information,
phone or text logs, photos, audio recordings, or videos,
maintained for private use by an individual, regardless
of whether such information is stored on the
individual's device or is accessible from that device
and is backed up in a separate location.
(K) A photograph, film, video recording, or other
similar medium that shows the naked or undergarment-clad
private area of an individual.
(L) Information revealing the video content
requested or selected by an individual.
(M) Information about an individual under the age of
17.
(N) An individual's race, color, ethnicity, or
religion.
(O) Information identifying an individual's online
activities over time and across websites or online
services.
[[Page 138 STAT. 963]]
(P) Information that reveals the status of an
individual as a member of the Armed Forces.
(Q) Any other data that a data broker sells,
licenses, rents, trades, transfers, releases, discloses,
provides access to, or otherwise makes available to a
foreign adversary country, or entity that is controlled
by a foreign adversary, for the purpose of identifying
the types of data listed in subparagraphs (A) through
(P).
(8) Service provider.--The term ``service provider'' means
an entity that--
(A) collects, processes, or transfers data on behalf
of, and at the direction of--
(i) an individual or entity that is not a
foreign adversary country or controlled by a
foreign adversary; or
(ii) a Federal, State, Tribal, territorial, or
local government entity; and
(B) receives data from or on behalf of an individual
or entity described in subparagraph (A)(i) or a Federal,
State, Tribal, territorial, or local government entity.
(9) United states individual.--The term ``United States
individual'' means a natural person residing in the United
States.
(d) Effective Date.--This section shall take effect on the date that
is 60 days after the date of the enactment of this division.
DIVISION J-- <<NOTE: Stop Harboring Iranian Petroleum Act.>> SHIP ACT
SEC. 1. <<NOTE: 22 USC 8501 note.>> SHORT TITLE.
This division may be cited as the ``Stop Harboring Iranian Petroleum
Act'' or the ``SHIP Act''.
SEC. 2. <<NOTE: 22 USC 8571.>> STATEMENT OF POLICY.
It is the policy of the United States--
(1) to deny Iran the ability to engage in destabilizing
activities, support international terrorism, fund the
development and acquisition of weapons of mass destruction and
the means to deliver such weapons by limiting export of
petroleum and petroleum products by Iran;
(2) to deny Iran funds to oppress and commit human rights
violations against the Iranian people assembling to peacefully
redress the Iranian regime;
(3) to fully enforce sanctions against those entities which
provide support to the Iranian energy sector; and
(4) to counter Iran's actions to finance and facilitate the
participation of foreign terrorist organizations in ongoing
conflicts and illicit activities due to the threat such actions
pose to the vital national interests of the United States.
SEC. 3. <<NOTE: President. 22 USC 8572.>> IMPOSITION OF SANCTIONS
WITH RESPECT TO IRANIAN PETROLEUM.
(a) In General.-- <<NOTE: Effective date. Determination.>> On and
after the date that is 180 days after the date of the enactment of this
division, and except as provided in subsection (e)(2), the President
shall impose the sanctions described in subsection (c) with respect to
each foreign person that the President determines knowingly engaged, on
or after such date of enactment, in an activity described in subsection
(b).
[[Page 138 STAT. 964]]
(b) Activities Described.--A foreign person engages in an activity
described in this subsection if the foreign person--
(1) owns or operates a foreign port at which, on or after
the date of the enactment of this division, such person
knowingly permits to dock a vessel--
(A) that is included on the list of specially
designated nationals and blocked persons maintained by
the Office of Foreign Assets Control of the Department
of the Treasury for transporting Iranian crude oil or
petroleum products; or
(B) of which the operator or owner of such vessel
otherwise knowingly engages in a significant transaction
involving such vessel to transport, offload, or deal in
significant transactions in condensate, refined, or
unrefined petroleum products, or other petrochemical
products originating from the Islamic Republic of Iran;
(2) owns or operates a vessel through which such owner
knowingly conducts a ship to ship transfer involving a
significant transaction of any petroleum product originating
from the Islamic Republic of Iran;
(3) owns or operates a refinery through which such owner
knowingly engages in a significant transaction to process,
refine, or otherwise deal in any petroleum product originating
from the Islamic Republic of Iran;
(4) is a covered family member of a foreign person described
in paragraph (1), (2), or (3); or
(5) is owned or controlled by a foreign person described in
paragraph (1), (2), or (3), and knowingly engages in an activity
described in paragraph (1), (2), or (3).
(c) Sanctions Described.--The sanctions described in this subsection
with respect to a foreign person described in subsection (a) are the
following:
(1) Sanctions on foreign vessels.-- <<NOTE: Time
periods.>> Subject to such regulations as the President may
prescribe, the President may prohibit a vessel described in
subsection (b)(1)(A) or (b)(1)(B) from landing at any port in
the United States--
(A) <<NOTE: Effective date.>> with respect to a
vessel described in subsection (b)(1)(A), for a period
of not more than 2 years beginning on the date on which
the President imposes sanctions with respect to a
related foreign port described in subsection (b)(1)(A);
and
(B) with respect to a vessel described in subsection
(b)(1)(B), for a period of not more than 2 years.
(2) Blocking of property.--The President shall exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the foreign person 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.
(3) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described
in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
[[Page 138 STAT. 965]]
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a) is subject to revocation of any
visa or other entry documentation regardless of
when the visa or other entry documentation is or
was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall take effect immediately and
automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(C) Exceptions.--Sanctions under this paragraph
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(i) to permit the United States to comply with
the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947,
between the United Nations and the United States,
or other applicable international obligations; or
(ii) to carry out or assist law enforcement
activity in the United States.
(4) Penalties.-- <<NOTE: Applicability.>> The penalties
provided for in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
shall apply to a person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or
any regulations promulgated to carry out this section to the
same extent that such penalties apply to a person that commits
an unlawful act described in section 206(a) of that Act.
(d) Rules of Construction.--
(1) For purposes of determinations under subsection (a) that
a foreign person engaged in activities described in subsection
(b), a foreign person shall not be determined to know that
petroleum or petroleum products originated from Iran if such
person relied on a certificate of origin or other documentation
confirming that the origin of the petroleum or petroleum
products was a country other than Iran, unless such person knew
or had reason to know that such documentation was falsified.
(2) Nothing in this division shall be construed to affect
the availability of any existing authorities to issue waivers,
exceptions, exemptions, licenses, or other authorization.
(e) <<NOTE: President.>> Implementation; Regulations.--
(1) In general.--The President may exercise all authorities
under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of
carrying out this section.
(2) Deadline for regulations.--Not later than 180 days after
the date of the enactment of this division, the President shall
prescribe such regulations as may be necessary for the
implementation of this division.
(3) Notification to congress.--
<<NOTE: Deadline. Briefing.>> Not later than 10 days before the
prescription of regulations under paragraph (2), the
[[Page 138 STAT. 966]]
President shall brief and provide written notification to the
appropriate congressional committees regarding--
(A) the proposed regulations; and
(B) the specific provisions of this division that
the regulations are implementing.
(f) Exception for Humanitarian Assistance.--
(1) In general.--Sanctions under this section shall not
apply to--
(A) the conduct or facilitation of a transaction for
the provision of agricultural commodities, food,
medicine, medical devices, or humanitarian assistance,
or for humanitarian purposes; or
(B) transactions that are necessary for or related
to the activities described in subparagraph (A).
(2) Definitions.--In this subsection:
(A) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section
102 of the Agricultural Trade Act of 1978 (7 U.S.C.
5602).
(B) Medical device.--The term ``medical device'' has
the meaning given the term ``device'' in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(C) Medicine.--The term ``medicine'' has the meaning
given the term ``drug'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(g) Exception for Safety of Vessels and Crew.--Sanctions under this
section shall not apply with respect to a person providing provisions to
a vessel otherwise subject to sanctions under this section if such
provisions are intended for the safety and care of the crew aboard the
vessel, the protection of human life aboard the vessel, or the
maintenance of the vessel to avoid any environmental or other
significant damage.
(h) Waiver.--
(1) In general.-- <<NOTE: Time period. Deadline.>> The
President may, on a case-by-case basis and for periods not to
exceed 180 days each, waive the application of sanctions imposed
with respect to a foreign person under this section if the
President certifies to the appropriate congressional committees,
not later than 15 days after such waiver is to take effect, that
the waiver is vital to the national interests of the United
States.
(2) <<NOTE: Certification.>> Special rule.--The President
shall not be required to impose sanctions under this section
with respect to a foreign person described in subsection (a) if
the President certifies in writing to the appropriate
congressional committees that the foreign person--
(A) is no longer engaging in activities described in
subsection (b); or
(B) has taken and is continuing to take significant,
verifiable steps toward permanently terminating such
activities.
(i) Termination.-- <<NOTE: Certification.>> The authorities provided
by this section shall cease to have effect on and after the date that is
30 days after the date on which the President certifies to the
appropriate congressional committees that--
(1) the Government of Iran no longer repeatedly provides
support for international terrorism as determined by the
Secretary of State pursuant to--
[[Page 138 STAT. 967]]
(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law; and
(2) Iran has ceased the pursuit, acquisition, and
development of, and verifiably dismantled, its nuclear,
biological, and chemical weapons, ballistic missiles, and
ballistic missile launch technology.
SEC. 4. <<NOTE: 22 USC 8573.>> REPORT ON IRANIAN PETROLEUM AND
PETROLEUM PRODUCTS EXPORTS.
(a) <<NOTE: Time period.>> In General.--Not later than 120 days
after the date of enactment of this division, and annually thereafter
until the date described in subsection (d), the Administrator of the
Energy Information Administration shall submit to the appropriate
congressional committees a report describing Iran's growing exports of
petroleum and petroleum products, that includes the following:
(1) <<NOTE: Analysis. China.>> An analysis of Iran's exports
and sale of petroleum and petroleum products, including--
(A) <<NOTE: Estimate.>> an estimate of Iran's
petroleum export and sale revenue per year since 2018;
(B) <<NOTE: Estimate.>> an estimate of Iran's
petroleum export and sale revenue to China per year
since 2018;
(C) the amount of petroleum and crude oil barrels
exported per year since 2018;
(D) the amount of petroleum and crude oil barrels
exported to China per year since 2018;
(E) the amount of petroleum and crude oil barrels
exported to countries other than China per year since
2018;
(F) the average price per petroleum and crude oil
barrel exported per year since 2018; and
(G) the average price per petroleum and crude oil
barrel exported to China per year since 2018.
(2) <<NOTE: Analysis.>> An analysis of Iran's labeling
practices of exported petroleum and petroleum products.
(3) A description of companies involved in the exporting and
sale of Iranian petroleum and petroleum products.
(4) A description of ships involved in the exporting and
sale of Iranian petroleum and petroleum products.
(5) A description of ports involved in the exporting and
sale of Iranian petroleum and petroleum products.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(c) Publication.-- <<NOTE: Public information. Web posting.>> The
unclassified portion of the report required by subsection (a) shall be
posted on a publicly available website of the Energy Information
Administration.
(d) Termination.--The requirement to submit reports under this
section shall be terminated on the date on which the President makes the
certification described in section 3(i).
SEC. 5. <<NOTE: 22 USC 8574.>> STRATEGY TO COUNTER ROLE OF THE
PEOPLE'S REPUBLIC OF CHINA IN EVASION OF
SANCTIONS WITH RESPECT TO IRAN.
(a) In General.-- <<NOTE: Briefing. Assessment.>> Not later than 120
days after the date of the enactment of this division, the Secretary of
State, in consultation
[[Page 138 STAT. 968]]
with the heads of other appropriate Federal agencies, shall submit to
the appropriate congressional committees a written strategy, and provide
to those committees an accompanying briefing, on the role of the
People's Republic of China in evasion of sanctions imposed by the United
States with respect to Iranian-origin petroleum products that includes
an assessment of options--
(1) to strengthen the enforcement of such sanctions; and
(2) to expand sanctions designations targeting the
involvement of the People's Republic of China in the production,
transportation, storage, refining, and sale of Iranian-origin
petroleum products.
(b) Elements.-- <<NOTE: Assessments.>> The strategy required by
subsection (a) shall include--
(1) a description and assessment of the use of sanctions in
effect before the date of the enactment of this division to
target individuals and entities of the People's Republic of
China that are directly or indirectly associated with smuggling
of Iranian-origin petroleum products;
(2) an assessment of--
(A) Iranian-owned entities operating in the People's
Republic of China and involved in petroleum refining
supply chains;
(B) the People's Republic of China's role in global
petroleum refining supply chains;
(C) how the People's Republic of China leverages its
role in global petroleum supply chains to achieve
political objectives;
(D) the People's Republic of China's petroleum
importing and exporting partners;
(E) what percent of the People's Republic of China's
energy consumption is linked to illegally imported
Iranian-origin petroleum products; and
(F) what level of influence the Chinese Communist
Party holds over non-state, semi-independent ``teapot''
refineries;
(3) <<NOTE: Plan.>> a detailed plan for--
(A) monitoring the maritime domain for sanctionable
activity related to smuggling of Iranian-origin
petroleum products;
(B) identifying the individuals, entities, and
vessels engaging in sanctionable activity related to
Iranian-origin petroleum products, including--
(i) vessels--
(I) transporting petrochemicals
subject to sanctions;
(II) conducting ship-to-ship
transfers of such petrochemicals;
(III) with deactivated automatic
identification systems; or
(IV) that engage in ``flag hopping''
by changing national registries;
(ii) individuals or entities--
(I) storing petrochemicals subject
to sanctions; or
(II) refining or otherwise
processing such petrochemicals; and
[[Page 138 STAT. 969]]
(iii) through the use of port entry and
docking permission of vessels subject to
sanctions;
(C) deterring individuals and entities from
violating sanctions by educating and engaging--
(i) insurance providers;
(ii) parent companies; and
(iii) vessel operators;
(D) collaborating with allies and partners of the
United States engaged in the Arabian Peninsula,
including through standing or new maritime task forces,
to build sanctions enforcement capacity through
assistance and training to defense and law enforcement
services; and
(E) using public communications and global
diplomatic engagements to highlight the role of illicit
petroleum product smuggling in bolstering Iran's support
for terrorism and its nuclear program; and
(4) an assessment of--
(A) the total number of vessels smuggling Iranian-
origin petroleum products;
(B) the total number of vessels smuggling such
petroleum products destined for the People's Republic of
China;
(C) the number of vessels smuggling such petroleum
products specifically from the Islamic Revolutionary
Guard Corps;
(D) interference by the People's Republic of China
with attempts by the United States to investigate or
enforce sanctions on illicit Iranian petroleum product
exports;
(E) the effectiveness of the use of sanctions with
respect to insurers of entities that own or operate
vessels involved in smuggling Iranian-origin petroleum
products;
(F) the personnel and resources needed to enforce
sanctions with respect to Iranian-origin petroleum
products; and
(G) the impact of smuggled illicit Iranian-origin
petroleum products on global energy markets.
(c) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may include a classified index.
SEC. <<NOTE: 22 USC 8575.>> 6. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Covered family member.--The term ``covered family
member'', with respect to a foreign person who is an individual,
means a spouse, adult child, parent, or sibling of the person
who engages in the sanctionable activity described under section
3 or who demonstrably benefits from such activity.
[[Page 138 STAT. 970]]
DIVISION K-- <<NOTE: Fight and Combat Rampant Iranian Missile Exports
Act. 22 USC 9421 note.>> FIGHT CRIME ACT
SEC. 1. SHORT TITLE.
This division may be cited as the ``Fight and Combat Rampant Iranian
Missile Exports Act'' or the ``Fight CRIME Act''.
SEC. 2. <<NOTE: 22 USC 9421.>> FINDINGS.
Congress makes the following findings:
(1) Annex B to United Nations Security Council Resolution
2231 (2015) restricts certain missile-related activities and
transfers to and from Iran, including all items, materials,
equipment, goods, and technology set out in the Missile
Technology Control Regime Annex, absent advance, case-by-case
approval from the United Nations Security Council.
(2) Iran has transferred Shahed and Mohajer drones, covered
under the Missile Technology Control Regime Annex, to the
Russian Federation, the Government of Ethiopia, and other Iran-
aligned entities, including the Houthis in Yemen and militia
units in Iraq, without prior authorization from the United
Nations Security Council, in violation of the restrictions set
forth in Annex B to United Nations Security Council Resolution
2231.
(3) Certain missile-related restrictions in Annex B to
United Nations Security Council Resolution 2231 expired in
October 2023, removing international legal restrictions on
missile-related activities and transfers to and from Iran.
SEC. 3. <<NOTE: 22 USC 9422.>> STATEMENT OF POLICY.
It is the policy of the United States--
(1) to urgently seek the extension of missile-related
restrictions set forth in Annex B to United Nations Security
Council Resolution 2231 (2015);
(2) to use all available authorities to constrain Iran's
domestic ballistic missile production capabilities;
(3) to combat and deter the transfer of conventional and
non-conventional arms, equipment, material, and technology to,
or from Iran, or involving the Government of Iran; and
(4) to ensure countries, individuals, and entities engaged
in, or attempting to engage in, the acquisition, facilitation,
or development of arms and related components and technology
subject to restrictions under Annex B to United Nations Security
Council Resolution 2231 are held to account under United States
and international law, including through the application and
enforcement of sanctions and use of export controls, regardless
of whether the restrictions under Annex B to United Nations
Security Council Resolution 2231 remain in effect following
their anticipated expiration in October 2023.
SEC. 4. REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this division, and annually thereafter for two years, the
Secretary of State, in coordination with the heads of other appropriate
Federal agencies, shall submit to the appropriate congressional
committees an unclassified report, with a classified annex if necessary,
that includes the following:
(1) <<NOTE: Strategy.>> A diplomatic strategy to secure the
renewal of international restrictions on certain missile-related
activities,
[[Page 138 STAT. 971]]
including transfers to and from Iran set forth in Annex B to
United Nations Security Council Resolution 2231 (2015).
(2) <<NOTE: Analysis.>> An analysis of how the expiration of
missile-related restrictions set forth in Annex B to United
Nations Security Council Resolution 2231 impacts the Government
of Iran's arms proliferation and malign activities, including as
the restrictions relate to cooperation with, and support for,
Iran-aligned entities and allied countries.
(3) <<NOTE: Assessment.>> An assessment of the revenue, or
in-kind benefits, accrued by the Government of Iran, or Iran-
aligned entities, as a result of a lapse in missile-related
restrictions set forth in Annex B to United Nations Security
Council Resolution 2231.
(4) A detailed description of a United States strategy to
deter, prevent, and disrupt the sale, purchase, or transfer of
covered technology involving Iran absent restrictions pursuant
to Annex B to United Nations Security Council Resolution 2231.
(5) An identification of any foreign person engaging in,
enabling, or otherwise facilitating any activity involving Iran
restricted under Annex B to United Nations Security Council
Resolution 2231, regardless of whether such restrictions remain
in effect after October 2023.
(6) A description of actions by the United Nations and other
multilateral organizations, including the European Union, to
hold accountable foreign persons that have violated the
restrictions set forth in Annex B to United Nations Security
Council Resolution 2231, and efforts to prevent further
violations of such restrictions.
(7) A description of actions by individual member states of
the United Nations Security Council to hold accountable foreign
persons that have violated restrictions set forth in Annex B to
United Nations Security Council Resolution 2231 and efforts to
prevent further violations of such restrictions.
(8) A description of actions by the People's Republic of
China, the Russian Federation, or any other country to prevent,
interfere with, or undermine efforts to hold accountable foreign
persons that have violated the restrictions set forth in Annex B
to United Nations Security Council Resolution 2231, including
actions to restrict United Nations-led investigations into
suspected violations of such restrictions, or limit funding to
relevant United Nations offices or experts.
(9) <<NOTE: Analysis.>> An analysis of the foreign and
domestic supply chains in Iran that directly or indirectly
facilitate, support, or otherwise aid the Government of Iran's
drone or missile program, including storage, transportation, or
flight-testing of related goods, technology, or components.
(10) An identification of any foreign person, or network
containing foreign persons, that enables, supports, or otherwise
facilitates the operations or maintenance of any Iranian airline
subject to United States sanctions or export control
restrictions.
(11) <<NOTE: Assessment.>> An assessment of how the
continued operation of Iranian airlines subject to United States
sanctions or export control restrictions impacts the Government
of Iran's ability to transport or develop arms, including
covered technology.
(b) <<NOTE: Time periods.>> Scope.--The initial report required by
subsection (a) shall address the period beginning on January 1, 2021,
and ending on
[[Page 138 STAT. 972]]
the date that is 90 days after date of the enactment of this division,
and each subsequent report shall address the one-year period following
the conclusion of the prior report.
SEC. 5. <<NOTE: President. 22 USC 9423.>> SANCTIONS TO COMBAT THE
PROLIFERATION OF IRANIAN MISSILES.
(a) <<NOTE: Applicability. Determination.>> In General.--The
sanctions described in subsection (b) shall apply to any foreign person
the President determines, on or after the date of the enactment of this
division--
(1) knowingly engages in any effort to acquire, possess,
develop, transport, transfer, or deploy covered technology to,
from, or involving the Government of Iran or Iran-aligned
entities, regardless of whether the restrictions set forth in
Annex B to United Nations Security Council Resolution 2231
(2015) remain in effect after October 2023;
(2) knowingly provides entities owned or controlled by the
Government of Iran or Iran-aligned entities with goods,
technology, parts, or components, that may contribute to the
development of covered technology;
(3) knowingly participates in joint missile or drone
development, including development of covered technology, with
the Government of Iran or Iran-aligned entities, including
technical training, storage, and transport;
(4) knowingly imports, exports, or re-exports to, into, or
from Iran, whether directly or indirectly, any significant arms
or related materiel prohibited under paragraph (5) or (6) to
Annex B of United Nations Security Council Resolution 2231
(2015) as of April 1, 2023;
(5) knowingly provides significant financial, material, or
technological support to, or knowingly engages in a significant
transaction with, a foreign person subject to sanctions for
conduct described in paragraph (1), (2), (3), or (4); or
(6) is an adult family member of a person subject to
sanctions for conduct described in paragraph (1), (2), (3), or
(4).
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Blocking of property.--The President shall exercise all
authorities granted under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and interests in
property of the foreign person if such property and interests in
property are in the United States, come within the United
States, or come within the possession or control of a United
States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described
in subsection (a) shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et 16 seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of any alien described in subsection
(a) is
[[Page 138 STAT. 973]]
subject to revocation regardless of the issue date
of the visa or other entry documentation.
(ii) Immediate effect.--A revocation under
clause (i) shall, in accordance with section
221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i))--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
possession of the alien.
(c) Penalties.--Any person that violates, or attempts to violate,
subsection (b) or any regulation, license, or order issued pursuant to
that subsection, shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International 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.
(d) <<NOTE: Time period. Deadline. Determination.>> Waiver.--The
President may waive the application of sanctions under this section with
respect to a foreign person for renewable periods not to exceed 180 days
only if, not later than 15 days after the date on which the waiver is to
take effect, the President submits to the appropriate congressional
committees a written determination and justification that the waiver is
in the vital national security interests of the United States.
(e) Implementation.--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 any
amendments made by this section.
(f) Regulations.--
(1) <<NOTE: Deadline.>> In general.--The President shall,
not later than 120 days after the date of the enactment of this
division, promulgate regulations as necessary for the
implementation of this division and the amendments made by this
division.
(2) <<NOTE: Time period.>> Notification to congress.--Not
less than 10 days before the promulgation of regulations under
subsection (a), the President shall notify the appropriate
congressional committees of the proposed regulations and the
provisions of this division and the amendments made by this
division that the regulations are implementing.
(g) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity 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 to comply with international obligations and
for law enforcement activities.--Sanctions under this section
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 June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations; or
(B) to carry out or assist authorized law
enforcement activity in the United States.
(h) <<NOTE: Certification.>> Termination of Sanctions.--This section
shall cease to be effective beginning on the date that is 30 days after
the date
[[Page 138 STAT. 974]]
on which the President certifies to the appropriate congressional
committees that--
(1) the Government of Iran no longer repeatedly provides
support for international terrorism as determined by the
Secretary of State pursuant to--
(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law; and
(2) Iran has ceased the pursuit, acquisition, and
development of, and verifiably dismantled its, nuclear,
biological, and chemical weapons and ballistic missiles and
ballistic missile launch technology.
SEC. 6. REPORT TO IDENTIFY, AND DESIGNATION AS FOREIGN TERRORIST
ORGANIZATIONS OF, IRANIAN PERSONS THAT HAVE
ATTACKED UNITED STATES CITIZENS USING UNMANNED
COMBAT AERIAL VEHICLES.
(a) <<NOTE: Time period.>> In General.--Not later than 90 days after
the date of the enactment of this division, and every 180 days
thereafter, the Secretary of State shall submit to the appropriate
congressional committees a report that identifies, for the period
specified in subsection (b), any Iranian person that has attacked a
United States citizen using an unmanned combat aerial vehicle, as
defined for the purpose of the United Nations Register of Conventional
Arms.
(b) Period Specified.--The period specified in this subsection is--
(1) for the initial report, the period--
(A) beginning on October 27, 2023; and
(B) ending on the date such report is submitted; and
(2) for the second or a subsequent report, the period--
(A) beginning on the date the preceding report was
submitted; and
(B) ending on the date such second or subsequent
report is submitted.
(c) <<NOTE: President.>> Designation of Persons as Foreign Terrorist
Organizations.--
(1) In general.--The President shall designate any person
identified in a report submitted under subsection (a) as a
foreign terrorist organization under section 219 of the
Immigration and Naturalization Act (8 U.S.C. 1189).
(2) Revocation.--The President may not revoke a designation
made under paragraph (1) until the date that is 4 years after
the date of such designation.
(d) <<NOTE: Determination. Certification.>> Waiver.--The Secretary
of State may waive the requirements of this section upon a determination
and certification to the appropriate congressional committees that such
a waiver is in the vital national security interests of the United
States.
(e) Sunset.--This section shall terminate on the date that is 4
years after the date of the enactment of this division.
(f) Iranian Person Defined.--In this section, the term ``Iranian
person''--
[[Page 138 STAT. 975]]
(1) means an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government of Iran;
and
(2) includes the Islamic Revolutionary Guard Corps.
SEC. 7. <<NOTE: 22 USC 9424.>> DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Foreign person.--The term ``foreign person''--
(A) means an individual or entity that is not a
United States person; and
(B) includes a foreign state (as such term is
defined in section 1603 of title 28, United States
Code).
(3) Government of iran.--The term ``Government of Iran'' has
the meaning given such term in section 560.304 of title 31, Code
of Federal Regulations, as such section was in effect on January
1, 2021.
(4) United states person.--The terms ``United States
person'' means--
(A) a United States citizen;
(B) a permanent resident alien of the United States;
(C) 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
(D) a person in the United States.
(5) Iran-aligned entity.--The term ``Iran-aligned entity''
means a foreign person that--
(A) is controlled or significantly influenced by the
Government of Iran; and
(B) knowingly receives material or financial support
from the Government of Iran, including Hezbollah, the
Houthis, or any other proxy group that furthers Iran's
national security objectives.
(6) Covered technology.--The term ``covered technology''
means--
(A) any goods, technology, software, or related
material specified in the Missile Technology Control
Regime Annex, as in effect on the day before the date of
the enactment of this division; and
(B) any additional goods, technology, software, or
related material added to the Missile Technology Control
Regime Annex after the day before the date of the
enactment of this division.
(7) Family member.--The term ``family member'' means--
(A) a child, grandchild, parent, grandparent,
sibling, or spouse; and
(B) any spouse, widow, or widower of an individual
described in subparagraph (A).
[[Page 138 STAT. 976]]
(8) Knowingly.--The term ``knowingly'' has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996 (50
U.S.C. 1701 note).
(9) Missile technology control regime.--The term ``Missile
Technology Control Regime'' means the policy statement, between
the United States, the United Kingdom, the Federal Republic of
Germany, France, Italy, Canada, and Japan, announced on April
16, 1987, to restrict sensitive missile-relevant transfers based
on the Missile Technology Control Regime Annex, and any
amendments thereto or expansions thereof, as in effect on the
day before the date of the enactment of this division.
(10) Missile technology control regime annex.--The term
``Missile Technology Control Regime Annex'' means the Guidelines
and Equipment and Technology Annex of the Missile Technology
Control Regime, and any amendments thereto or updates thereof,
as in effect on the day before the date of the enactment of this
division.
DIVISION L-- <<NOTE: Mahsa Amini Human rights and Security
Accountability Act. 22 USC 8501 note.>> MAHSA ACT
SEC. 1. SHORT TITLE.
This division may be cited as the ``Mahsa Amini Human rights and
Security Accountability Act'' or the ``MAHSA Act''.
SEC. 2. <<NOTE: 22 USC 8501 note.>> IMPOSITION OF SANCTIONS ON
IRAN'S SUPREME LEADER'S OFFICE, ITS
APPOINTEES, AND ANY AFFILIATED PERSONS.
(a) Findings.--Congress finds the following:
(1) The Supreme Leader is an institution of the Islamic
Republic of Iran.
(2) The Supreme Leader holds ultimate authority over Iran's
judiciary and security apparatus, including the Ministry of
Intelligence and Security, law enforcement forces under the
Interior Ministry, the Islamic Revolutionary Guard Corps (IRGC),
and the Basij, a nationwide volunteer paramilitary group
subordinate to the IRGC, all of which have engaged in human
rights abuses in Iran. Additionally the IRGC, a United States
designated Foreign Terrorist Organization, which reports to the
Supreme Leader, continues to perpetrate terrorism around the
globe, including attempts to kill and kidnap American citizens
on United States soil.
(3) The Supreme Leader appoints the head of Iran's
judiciary. International observers continue to criticize the
lack of independence of Iran's judicial system and maintained
that trials disregarded international standards of fairness.
(4) The revolutionary courts, created by Iran's former
Supreme Leader Ruhollah Khomeini, within Iran's judiciary, are
chiefly responsible for hearing cases of political offenses,
operate in parallel to Iran's criminal justice system and
routinely hold grossly unfair trials without due process,
handing down predetermined verdicts and rubberstamping
executions for political purpose.
(5) The Iranian security and law enforcement forces engage
in serious human rights abuse at the behest of the Supreme
Leader.
[[Page 138 STAT. 977]]
(6) Iran's President, Ebrahim Raisi, sits at the helm of the
most sanctioned cabinet in Iranian history which includes
internationally sanctioned rights violators. Raisi has supported
the recent crackdown on protestors and is a rights violator
himself, having served on a ``death commission'' in 1988 that
led to the execution of several thousand political prisoners in
Iran. He most recently served as the head of Iran's judiciary, a
position appointed by Iran's current Supreme Leader Ali
Khamenei, and may likely be a potential candidate to replace
Khamenei as Iran's next Supreme Leader.
(7) On September 16, 2022, a 22-year-old woman, Mahsa Amini,
died in the detention of the Morality Police after being beaten
and detained for allegedly transgressing discriminatory dress
codes for women. This tragic incident triggered widespread, pro-
women's rights, pro-democracy protests across all of Iran's 31
provinces, calling for the end to Iran's theocratic regime.
(8) In the course of the protests, the Iranian security
forces' violent crackdown includes mass arrests, well documented
beating of protestors, throttling of the internet and
telecommunications services, and shooting protestors with live
ammunition. Iranian security forces have reportedly killed
hundreds of protestors and other civilians, including women and
children, and wounded many more.
(9) Iran's Supreme Leader is the leader of the ``Axis of
Resistance'', which is a network of Tehran's terror proxy and
partner militias materially supported by the Islamic
Revolutionary Guard Corps that targets the United States as well
as its allies and partners.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States shall stand with and support the
people of Iran in their demand for fundamental human rights;
(2) the United States shall continue to hold the Islamic
Republic of Iran, particularly the Supreme Leader and President,
accountable for abuses of human rights, corruption, and export
of terrorism; and
(3) Iran must immediately end its gross violations of
internationally recognized human rights.
(c) In General.--
(1) <<NOTE: President.>> Determination and report
required.--Not later than 90 days after the date of the
enactment of this division, and annually thereafter, the
President shall--
(A) <<NOTE: Determination.>> determine whether each
foreign person described in subsection (d) meets the
criteria for imposition of sanctions under one or more
of the sanctions programs and authorities listed in
paragraph (2);
(B) impose applicable sanctions against any foreign
person determined to meet the criteria for imposition of
sanctions pursuant to subparagraph (A) under the
sanctions programs and authorities listed in
subparagraph (A) or (F) of subsection (c)(2) and pursue
applicable sanctions against any foreign person
determined to meet the criteria for imposition of
sanctions pursuant to subparagraph (A) under the
sanctions programs and authorities listed in
subparagraph (B), (C), (D), or (E) of subsection (c)(2);
and
[[Page 138 STAT. 978]]
(C) submit to the appropriate congressional
committees a report in unclassified form, with a
classified annex provided separately if needed,
containing--
(i) <<NOTE: List.>> a list of all foreign
persons described in subsection (d) that meet the
criteria for imposition of sanctions under one or
more of the sanctions programs and authorities
listed in paragraph (2); and
(ii) for each foreign person identified
pursuant to clause (i)--
(I) <<NOTE: List.>> a list of each
sanctions program or authority listed in
paragraph (2) for which the person meets
the criteria for imposition of
sanctions;
(II) <<NOTE: Statement.>> a
statement which, if any, of the
sanctions authorized by any of the
sanctions programs and authorities
identified pursuant to subclause (I)
have been imposed or will be imposed
within 30 days of the submission of the
report; and
(III) with respect to which any of
the sanctions authorized by any of the
sanctions programs and authorities
identified pursuant to subclause (I)
have not been imposed and will not be
imposed within 30 days of the submission
of the report, the specific authority
under which otherwise applicable
sanctions are being waived, have
otherwise been determined not to apply,
or are not being imposed and a complete
justification of the decision to waive
or otherwise not apply the sanctions
authorized by such sanctions programs
and authorities.
(2) Sanctions listed.--The sanctions listed in this
paragraph are the following:
(A) Sanctions described in section 105(c) of the
Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8514(c)).
(B) Sanctions applicable with respect to a person
pursuant to Executive Order 13553 (50 U.S.C. 1701 note;
relating to blocking property of certain persons with
respect to serious human rights abuses by the Government
of Iran).
(C) Sanctions applicable with respect to a person
pursuant to Executive Order 13224 (50 U.S.C. 1701 note;
relating to blocking property and prohibiting
transactions with persons who commit, threaten to
commit, or support terrorism).
(D) Sanctions applicable with respect to a person
pursuant to Executive Order 13818 (relating to blocking
the property of persons involved in serious human rights
abuse or corruption).
(E) Sanctions applicable with respect to a person
pursuant to Executive Order 13876 (relating to imposing
sanctions with respect to Iran).
(F) Penalties and visa bans applicable with respect
to a person pursuant to section 7031(c) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021.
(3) <<NOTE: Public information. Web posting.>> Form of
determination.--The determination required by paragraph (1)
shall be provided in an unclassified form
[[Page 138 STAT. 979]]
but may contain a classified annex provided separately
containing additional contextual information pertaining to
justification for the issuance of any waiver issued, as
described in paragraph (1)(C)(ii). The unclassified portion of
such determination shall be made available on a publicly
available internet website of the Federal Government.
(d) Foreign Persons Described.--The foreign persons described in
this subsection are the following:
(1) The Supreme Leader of Iran and any official in the
Office of the Supreme Leader of Iran.
(2) The President of Iran and any official in the Office of
the President of Iran or the President's cabinet, including
cabinet ministers and executive vice presidents.
(3) Any entity, including foundations and economic
conglomerates, overseen by the Office of the Supreme Leader of
Iran which is complicit in financing or resourcing of human
rights abuses or support for terrorism.
(4) Any official of any entity owned or controlled by the
Supreme Leader of Iran or the Office of the Supreme Leader of
Iran.
(5) Any person determined by the President--
(A) to be a person appointed by the Supreme Leader
of Iran, the Office of the Supreme Leader of Iran, the
President of Iran, or the Office of the President of
Iran to a position as a state official of Iran, or as
the head of any entity located in Iran or any entity
located outside of Iran that is owned or controlled by
one or more entities in Iran;
(B) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of any person
whose property and interests in property are blocked
pursuant to any sanctions program or authority listed in
subsection (c)(2);
(C) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly any person whose property and interests in
property are blocked pursuant to any sanctions program
or authority listed in subsection (c)(2); or
(D) to be a member of the board of directors or a
senior executive officer of any person whose property
and interests in property are blocked pursuant to any
sanctions program or authority listed in subsection
(c)(2).
(e) Congressional Oversight.--
(1) <<NOTE: Deadline. President.>> In general.--Not later
than 60 days after receiving a request from the chairman and
ranking member of one of the appropriate congressional
committees with respect to whether a foreign person meets the
criteria of a person described in subsection (d)(5), the
President shall--
(A) <<NOTE: Determination.>> determine if the person
meets such criteria; and
(B) <<NOTE: Reports.>> submit an unclassified
report, with a classified annex provided separately if
needed, to such chairman and ranking member with respect
to such determination that includes a statement of
whether or not the President imposed or intends to
impose sanctions with respect to the person pursuant to
any sanctions program or authority listed in subsection
(c)(2).
[[Page 138 STAT. 980]]
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
SEC. 3. <<NOTE: 22 USC 8501 note.>> SEVERABILITY.
If any provision of this division, or the application of such
provision to any person or circumstance, is found to be
unconstitutional, the remainder of this division, or the application of
that provision to other persons or circumstances, shall not be affected.
DIVISION M-- <<NOTE: Hamas and Other Palestinian Terrorist Groups
International Financing Prevention Act.>> HAMAS AND OTHER PALESTINIAN
TERRORIST GROUPS INTERNATIONAL FINANCING PREVENTION ACT
SEC. 1. <<NOTE: 50 USC 1701 note.>> SHORT TITLE.
This division may be cited as the ``Hamas and Other Palestinian
Terrorist Groups International Financing Prevention Act''.
SEC. 2. <<NOTE: 50 USC 1701 note.>> STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof from accessing its international support networks; and
(2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof from using goods, including medicine and dual use items,
to smuggle weapons and other materials to further acts of
terrorism, including against Israel.
SEC. 3. <<NOTE: President. 50 USC 1701 note.>> IMPOSITION OF
SANCTIONS WITH RESPECT TO FOREIGN PERSONS
SUPPORTING ACTS OF TERRORISM OR ENGAGING IN
SIGNIFICANT TRANSACTIONS WITH SENIOR MEMBERS
OF HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER
PALESTINIAN TERRORIST ORGANIZATIONS.
(a) <<NOTE: Deadline. Determination.>> In General.--Not later than
180 days after the date of enactment of this division, the President
shall impose the sanctions described in subsection (c) with respect to
each foreign person that the President determines, on or after the date
of the enactment of this division, engages in an activity described in
subsection (b).
(b) Activities Described.--A foreign person engages in an activity
described in this subsection if the foreign person knowingly--
(1) assists in sponsoring or providing significant
financial, material, or technological support for, or goods or
other services to enable, acts of terrorism; or
(2) engages, directly or indirectly, in a significant
transaction with--
[[Page 138 STAT. 981]]
(A) a senior member of Hamas, Palestinian Islamic
Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any
affiliate or successor thereof; or
(B) a senior member of a foreign terrorist
organization designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) that is
responsible for providing, directly or indirectly,
support to Hamas, Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or
successor thereof.
(c) Sanctions Described.--The President shall exercise all of the
powers granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
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.
(d) <<NOTE: Applicability.>> Penalties.--The penalties provided for
in subsections (b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person that
violates, attempts to violate, conspires to violate, or causes a
violation of this section or any regulations promulgated to carry out
this section to the same extent that such penalties apply to a person
that commits an unlawful act described in section 206(a) of that Act.
(e) Implementation; Regulations.--
(1) 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) for
purposes of carrying out this section.
(2) <<NOTE: Deadline.>> Regulations.--Not later than 60 days
after the date of the enactment of this division, the President
shall issue regulations or other guidance as may be necessary
for the implementation of this section.
(f) <<NOTE: Time period. Deadline. Determination.>> Waiver.--The
President may waive, on a case-by-case basis and for a period of not
more than 180 days, the application of sanctions under this section with
respect to a foreign person only if, not later than 15 days prior to the
date on which the waiver is to take effect, the President submits to the
appropriate congressional committees a written determination and
justification that the waiver is in the vital national security
interests of the United States.
(g) Humanitarian Assistance.--
(1) In general.--Sanctions under this section shall not
apply to--
(A) the conduct or facilitation of a transaction for
the provision of agricultural commodities, food,
medicine, medical devices, or humanitarian assistance,
or for humanitarian purposes; or
(B) transactions that are necessary for or related
to the activities described in subparagraph (A).
(2) Definitions.--In this subsection:
(A) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section
102 of the Agricultural Trade Act of 1978 (7 U.S.C.
5602).
[[Page 138 STAT. 982]]
(B) Medical device.--The term ``medical device'' has
the meaning given the term ``device'' in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
(C) Medicine.--The term ``medicine'' has the meaning
given the term ``drug'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(h) Rule of Construction.--The authority to impose sanctions under
this section with respect to a foreign person is in addition to the
authority to impose sanctions under any other provision of law with
respect to a foreign person that directly or indirectly supports acts of
international terrorism.
SEC. 4. <<NOTE: President. 50 USC 1701 note.>> IMPOSITION OF
MEASURES WITH RESPECT TO FOREIGN STATES
PROVIDING SUPPORT TO HAMAS, PALESTINIAN
ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST
ORGANIZATIONS.
(a) <<NOTE: Deadline. Determination.>> In General.--Not later than
180 days after the date of enactment of this division, the President
shall impose the measures described in subsection (c) with respect to a
foreign state if the President determines that the foreign state, on or
after the date of the enactment of this division, engages in an activity
described in subsection (b).
(b) Activities Described.--A foreign state engages in an activity
described in this subsection if the foreign state knowingly--
(1) provides significant material or financial support for
acts of international terrorism, pursuant to--
(A) section 1754(c) of the Export Control Reform Act
of 2018 (50 U.S.C. 4813(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law;
(2) provides significant material support to Hamas, the
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's
Den, or any affiliate or successor thereof; or
(3) engages in a significant transaction that materially
contributes, directly or indirectly, to the terrorist activities
of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs
Brigade, the Lion's Den, or any affiliate or successor thereof.
(c) <<NOTE: Time periods.>> Measures Described.--The measures
described in this subsection with respect to a foreign state are the
following:
(1) The President shall suspend, for a period of at least 1
year, United States assistance to the foreign state.
(2) The Secretary of the Treasury shall instruct the United
States Executive Director to each appropriate international
financial institution to oppose, and vote against, for a period
of 1 year, the extension by such institution of any loan or
financial or technical assistance to the government of the
foreign state.
(3) The President shall prohibit the export of any item on
the United States Munitions List (established pursuant to
section 38 of the Arms Export Control Act (22 U.S.C. 2778)) or
the Commerce Control List set forth in Supplement No. 1 to part
774 of title 15, Code of Federal Regulations, to the foreign
state for a period of 1 year.
[[Page 138 STAT. 983]]
(d) <<NOTE: Applicability.>> Penalties.--The penalties provided for
in subsections (b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person that
violates, attempts to violate, conspires to violate, or causes a
violation of this section or any regulations promulgated to carry out
this section to the same extent that such penalties apply to a person
that commits an unlawful act described in section 206(a) of that Act.
(e) <<NOTE: Deadlines. Determination.>> Waiver.--The President may
waive, on a case-by-case basis and for a period of not more than 180
days, the application of measures under this section with respect to a
foreign state only if, not later than 15 days prior to the date on which
the waiver is to take effect, the President submits to the appropriate
congressional committees a written determination and justification that
the waiver is in the vital national security interests of the United
States.
(f) Implementation; Regulations.--
(1) 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) for
purposes of carrying out this section.
(2) <<NOTE: Deadline.>> Regulations.--Not later than 60 days
after the date of the enactment of this division, the President
shall issue regulations or other guidance as may be necessary
for the implementation of this section.
(g) Additional Exemptions.--
(1) Status of forces agreements.--The President may exempt
the application of measures under this section with respect to a
foreign state if the application of such measures would prevent
the United States from meeting the terms of any status of forces
agreement to which the United States is a party or meeting other
obligations relating to the basing of United States service
members.
(2) Authorized intelligence activities.--Measures under this
section shall not apply with respect to any activity 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.
(3) Humanitarian assistance.--
(A) In general.--Measures under this section shall
not apply to--
(i) the conduct or facilitation of a
transaction for the provision of agricultural
commodities, food, medicine, medical devices, or
humanitarian assistance, or for humanitarian
purposes; or
(ii) transactions that are necessary for or
related to the activities described in clause (i).
(B) Definitions.--In this subsection:
(i) Agricultural commodity.--The term
``agricultural commodity'' has the meaning given
that term in section 102 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5602).
(ii) Medical device.--The term ``medical
device'' has the meaning given the term ``device''
in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
[[Page 138 STAT. 984]]
(iii) Medicine.--The term ``medicine'' has the
meaning given the term ``drug'' in section 201 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(h) Rule of Construction.--The authority to impose measures under
this section with respect to a foreign state is in addition to the
authority to impose measures under any other provision of law with
respect to foreign states that directly or indirectly support acts of
international terrorism.
SEC. 5. <<NOTE: 50 USC 1701 note.>> REPORTS ON ACTIVITIES TO
DISRUPT GLOBAL FUNDRAISING, FINANCING, AND
MONEY LAUNDERING ACTIVITIES OF HAMAS,
PALESTINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS
BRIGADE, THE LION'S DEN OR ANY AFFILIATE OR
SUCCESSOR THEREOF.
(a) <<NOTE: Lists.>> In General.--Not later than 90 days after the
date of enactment of this division, and every 180 days thereafter, the
President shall submit to the appropriate congressional committees a
report that includes--
(1) <<NOTE: Assessment.>> an assessment of the disposition
of the assets and activities of Hamas, the Palestinian Islamic
Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any affiliate
or successor thereof related to fundraising, financing, and
money laundering worldwide;
(2) a list of foreign states that knowingly providing
material, financial, or technical support for, or goods or
services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, or any affiliate or successor
thereof;
(3) a list of foreign states in which Hamas, the Palestinian
Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's Den, or any
affiliate or successor thereof conducts significant fundraising,
financing, or money laundering activities;
(4) a list of foreign states from which Hamas, the
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion's
Den, or any affiliate or successor thereof knowingly engaged in
the transfer of surveillance equipment, electronic monitoring
equipment, or other means to inhibit communication or the free
flow of information in Gaza; and
(5) with respect to each foreign state listed in paragraph
(2), (3), or (4)--
(A) a description of the steps the foreign state
identified is taking adequate measures to restrict
financial flows to Hamas, the Palestinian Islamic Jihad,
Al-Aqsa Martyrs Brigade, the Lion's Den, or any
affiliates or successors thereof; and
(B) in the case of a foreign state failing to take
adequate measures to restrict financial flows to Hamas,
Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the
Lion's Den or any other designated entity engaged in
significant act of terrorism threatening the peace and
security of Israel--
(i) <<NOTE: Assessment.>> an assessment of the
reasons that government is not taking adequate
measures to restrict financial flows to those
entities; and
(ii) a description of measures being taken by
the United States Government to encourage the
foreign state to restrict financial flows to those
entities; and
[[Page 138 STAT. 985]]
(b) Form.--Each report required by subsection (a) shall be submitted
in unclassified form to the greatest extent possible, and may contain a
classified annex.
SEC. 6. <<NOTE: 50 USC 1701 note.>> TERMINATION.
This division shall terminate on the earlier of--
(1) the date that is 7 years after the date of the enactment
of this division; or
(2) <<NOTE: President. Certification.>> the date that is 30
days after the date on which the President certifies to the
appropriate congressional committees that--
(A) Hamas or any successor or affiliate thereof is
no longer designated as a foreign terrorist organization
pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, and any successor or
affiliate thereof are no longer subject to sanctions
pursuant to--
(i) Executive Order No. 12947 (January 23,
1995; relating to prohibiting transactions with
terrorists who threaten to disrupt the Middle East
peace process); and
(ii) Executive Order No. 13224 (September 23,
2001; relating to blocking property and
prohibiting transactions with persons who commit,
threaten to commit, or support terrorism); and
(C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa
Martyrs Brigade, the Lion's Den, and any successor or
affiliate thereof meet the criteria described in
paragraphs (1) through (4) of section 9 of the
Palestinian Anti-Terrorism Act of 2006 (22 U.S.C. 2378b
note).
SEC. 7. <<NOTE: 50 USC 1701 note.>> DEFINITIONS.
In this division:
(1) Act of terrorism.--The term ``act of terrorism'' means
an activity that--
(A) involves a violent act or an act dangerous to
human life, property, or infrastructure; and
(B) appears to be intended to--
(i) intimidate or coerce a civilian
population;
(ii) influence the policy of a government by
intimidation or coercion; or
(iii) affect the conduct of a government by
mass destruction, assassination, kidnapping, or
hostage-taking.
(2) Admitted.--The term ``admitted'' has the meaning given
such term in section 101(a)(13)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(13)(A)).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
[[Page 138 STAT. 986]]
(4) Foreign state.--The term ``foreign state'' has the
meaning given such term in section 1603 of title 28, United
States Code.
(5) Humanitarian aid.--The term ``humanitarian aid'' means
food, medicine, and medical supplies.
(6) Material support.--The term ``material support'' has the
meaning given the term ``material support or resources'' in
section 2339A of title 18, United States Code.
(7) 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;
or
(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.
DIVISION N-- <<NOTE: No Technology for Terror Act.>> NO TECHNOLOGY FOR
TERROR ACT
SEC. 1. <<NOTE: 50 USC 4811 note.>> SHORT TITLE.
This division may be cited as the ``No Technology for Terror Act''.
SEC. 2. <<NOTE: 50 USC 4811 note.>> APPLICATION OF FOREIGN-DIRECT
PRODUCT RULES TO IRAN.
(a) <<NOTE: Effective date.>> In General.--Beginning on the date
that is 90 days after the date of the enactment of this division, a
foreign-produced item shall be subject to the Export Administration
Regulations (pursuant to the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.)) if the item--
(1) meets--
(A) the product scope requirements described in
subsection (b); and
(B) the destination scope requirements described in
subsection (c); and
(2) is exported, reexported, or in-country transferred to
Iran from abroad or involves the Government of Iran.
(b) Product Scope Requirements.--A foreign-produced item meets the
product scope requirements of this subsection if the item--
(1) is a direct product of United States-origin technology
or software subject to the Export Administration Regulations
that is specified in a covered Export Control Classification
Number or is identified in supplement no. 7 to part 746 of the
Export Administration Regulations; or
(2) is produced by any plant or major component of a plant
that is located outside the United States, if the plant or major
component of a plant, whether made in the United States or a
foreign country, itself is a direct product of United States-
origin technology or software subject to the Export
Administration Regulations that is specified in a covered Export
Control Classification Number.
(c) Destination Scope Requirements.--A foreign-produced item meets
the destination scope requirements of this subsection if there is
knowledge that the foreign-produced item is destined to Iran or will be
incorporated into or used in the production
[[Page 138 STAT. 987]]
or development of any part, component, or equipment subject to the
Export Administration Regulations and produced in or destined to Iran.
(d) License Requirements.--
(1) In general.--A license shall be required to export,
reexport, or in-country transfer a foreign-produced item from
abroad that meets the product scope requirements described in
subsection (b) and the destination scope requirements described
in subsection (c) and is subject to the Export Administration
Regulations pursuant to this section.
(2) Exceptions.--The license requirements of paragraph (1)
shall not apply to--
(A) food, medicine, or medical devices that are--
(i) designated as EAR99; or
(ii) not designated under or listed on the
Commerce Control List; or
(B) services, software, or hardware (other than
services, software, or hardware for end-users owned or
controlled by the Government of Iran) that are--
(i) necessarily and ordinarily incident to
communications; or
(ii) designated as--
(I) EAR99; or
(II) Export Control Classification
Number 5A992.c or 5D992.c, and
classified in accordance with section
740.17 of title 15 Code of Federal
Regulations; and
(iii) subject to a general license issued by
the Department of Commerce or Department of
Treasury.
(e) National Interest Waiver.--The Secretary of Commerce may waive
the requirements imposed under this section if the Secretary--
(1) <<NOTE: Determination.>> determines that the waiver is
in the national interests of the United States; and
(2) <<NOTE: Reports.>> submits to the Committee on Foreign
Affairs and the Committee on Financial Services of the House of
Representatives and to the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban Affairs of the
Senate a report explaining which requirements are being waived
and the reasons for the waiver.
(f) Sunset.--The authority provided under this section shall
terminate on the date that is 7 years after the date of the enactment of
this division.
(g) Definitions.--In this section--
(1) the term ``Commerce Control List'' means the list
maintained pursuant to part 744 of the Export Administration
Regulations;
(2) the term ``covered Export Control Classification
Number'' means an Export Control Classification Number in
product group D or E of Category 3, 4, 5, 6, 7, 8, or 9 of the
Commerce Control List;
(3) the terms ``Export Administration Regulations'',
``export'', ``reexport'', and ``in-country transfer'' have the
meanings given those terms in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801); and
(4) the terms ``direct product'', ``technology'',
``software'', ``major component'', ``knowledge'',
``production'', ``development'',
[[Page 138 STAT. 988]]
``part'', ``component'', ``equipment'', and ``government end
users'' have the meanings given those terms in section 734.9 or
part 772 of the Export Administration Regulations, as the case
may be.
DIVISION O-- <<NOTE: Strengthening Tools to Counter the Use of Human
Shields Act.>> STRENGTHENING TOOLS TO COUNTER THE USE OF HUMAN SHIELDS
ACT
SEC. 1. <<NOTE: 50 USC 1701 note.>> SHORT TITLE.
This division may be cited as the ``Strengthening Tools to Counter
the Use of Human Shields Act''.
SEC. 2. <<NOTE: 50 USC 1701 note.>> STATEMENT OF POLICY.
It shall be the policy of the United States to fully implement and
enforce sanctions against terrorist organizations and other malign
actors that use innocent civilians as human shields.
SEC. 3. MODIFICATION AND EXTENSION OF SANCTIONING THE USE OF
CIVILIANS AS DEFENSELESS SHIELDS ACT.
(a) In General.--Section 3 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph (4);
and
(B) by inserting after paragraph (2) the following:
``(3) <<NOTE: President. Effective
date. Determination.>> Each foreign person that the President
determines, on or after the date of the enactment of the
Strengthening Tools to Counter the Use of Human Shields Act--
``(A) is a member of Palestine Islamic Jihad or is
knowingly acting on behalf of Palestine Islamic Jihad;
and
``(B) knowingly orders, controls, or otherwise
directs the use of civilians protected as such by the
law of war to shield military objectives from attack.'';
(2) by redesignating subsections (e), (f), (g), (h), and (i)
as subsections (f), (g), (h), (i), and (j), respectively; and
(3) by inserting after subsection (d) the following:
``(e) <<NOTE: Deadline. President.>> Congressional Requests.--Not
later than 120 days after receiving a request from the chairman and
ranking member of one of the appropriate congressional committees with
respect to whether a foreign person meets the criteria of a person
described in subsection (b) or (c), the President shall--
``(1) <<NOTE: Determination.>> determine if the person meets
such criteria; and
``(2) submit a written justification to the chairman and
ranking member detailing whether or not the President imposed or
intends to impose sanctions described in subsection (b) or (c)
with respect to such person.''.
(b) Definitions.--Section 4 of the Sanctioning the Use of Civilians
as Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) Palestine islamic jihad.--The term `Palestine Islamic
Jihad' means--
[[Page 138 STAT. 989]]
``(A) the entity known as Palestine Islamic Jihad
and designated by the Secretary of State as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); or
``(B) any person identified as an agent or
instrumentality of Palestine Islamic Jihad on the list
of specially designated nationals and blocked persons
maintained by the Office of Foreign Asset Control of the
Department of the Treasury, the property or interests in
property of which are blocked pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).''.
(c) Sunset.--Section 5 of the Sanctioning the Use of Civilians as
Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended by striking ``December 31, 2023'' and inserting ``December 31,
2030''.
(d) Severability.--The Sanctioning the Use of Civilians as
Defenseless Shields Act (Public Law 115-348; 50 U.S.C. 1701 note) is
amended by adding at the end the following:
``SEC. 6. SEVERABILITY.
``If any provision of this Act, or the application of such provision
to any person or circumstance, is found to be unconstitutional, the
remainder of this Act, or the application of that provision to other
persons or circumstances, shall not be affected.''.
SEC. 4. REPORT ON COUNTERING THE USE OF HUMAN SHIELDS.
(a) In General.--Not later than 120 days after the date of the
enactment of this division, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate a report that contains the following:
(1) A description of the lessons learned from the United
States and its allies and partners in addressing the use of
human shields by terrorist organizations such as Hamas,
Hezbollah, Palestine Islamic Jihad, and any other organization
as determined by the Secretary of Defense.
(2) A description of a specific plan and actions being taken
by the Department of Defense to incorporate the lessons learned
as identified in paragraph (1) into Department of Defense
operating guidance, relevant capabilities, and tactics,
techniques, and procedures to deter, counter, and address the
challenge posed by the use of human shields and hold accountable
terrorist organizations for the use of human shields.
(3) A description of specific measures being developed and
implemented by the United States Government to mobilize and
leverage allied nations, including member nations of the North
Atlantic Treaty Organization (NATO), to deter, counter, and hold
accountable terrorist organizations for the use of human
shields.
(4) The current status of joint exercises, doctrine
development, education, and training on countering the use of
human shields in multinational centers of excellence.
(5) The current status of participation of members of the
Armed Forces and Department of Defense civilian personnel in any
multinational center of excellence for the purposes of
countering the use of human shields.
(6) The feasibility and advisability of beginning or
continuing participation of members of the Armed Forces and
[[Page 138 STAT. 990]]
Department of Defense civilian personnel to promote the
integration of joint exercises, doctrine development, education,
and training on countering the use of human shields into
multinational centers of excellence.
(b) Definition.--In this section, the term ``multinational center of
excellence'' has the meaning given that term in section 344 of title 10,
United States Code.
SEC. 5. <<NOTE: President. 50 USC 1710.>> CONFRONTING ASYMMETRIC
AND MALICIOUS CYBER ACTIVITIES.
(a) <<NOTE: Effective date. Sanctions. Determination.>> In
General.--On and after the date that is 180 days after the date of the
enactment of this division, the President may impose the sanctions
described in subsection (b) with respect to any foreign person that the
Secretary of the Treasury, in consultation with the Attorney General and
the Secretary of State determine, on or after such date of enactment--
(1) is responsible for or complicit in, or has engaged
knowingly in, significant cyber-enabled activities originating
from, or directed by persons located, in whole or in substantial
part, outside the United States that are reasonably likely to
result in, or have materially contributed to, a significant
threat to the national security, foreign policy, or economic
health or financial stability of the United States;
(2) materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to
or in support of, any activity described in this subsection or
any person whose property and interests in property are blocked
pursuant to this section;
(3) is owned or controlled by, or has acted or purported to
act for or on behalf of, directly or indirectly, any person
whose property and interests in property are blocked pursuant to
this section; or
(4) has attempted to engage in any of the activities
described in paragraph (1), (2), or (3).
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Inadmissibility to united states.--In the case of an
alien--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States; or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--The blocking, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests in
property of a foreign person 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) Requests by Appropriate Congressional Committees.--
(1) <<NOTE: Deadline.>> In general.--Not later than 120 days
after receiving a request that meets the requirements of
paragraph (2) with respect to whether a foreign person has
engaged in an activity described in subsection (a), the
Secretary of the Treasury, in
[[Page 138 STAT. 991]]
consultation with the Attorney General and the Secretary of
State shall--
(A) <<NOTE: Determination.>> determine if that
person has engaged in such an activity; and
(B) <<NOTE: Classified
information. Reports.>> submit a classified or
unclassified report to the chairperson and ranking
member of the committee or committees that submitted the
request with respect to that determination that
includes--
(i) a statement of whether or not the
Secretary of the Treasury, in consultation with
the Attorney General and the Secretary of State
imposed or intends to impose sanctions with
respect to the person;
(ii) if the President imposed or intends to
impose sanctions, a description of those
sanctions; and
(iii) if the President does not intend to
impose sanctions, a description of actions that
meet the threshold for the President to impose
sanctions.
(2) Requirements.--A request under paragraph (1) with
respect to whether a foreign person has engaged in an activity
described in subsection (a) shall be submitted to the President
in writing jointly by the chairperson and ranking member of one
of the appropriate congressional committees.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on the Judiciary of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on the
Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
SEC. 6. <<NOTE: President. 50 USC 1701 note.>> SANCTIONS WITH
RESPECT TO THREATS TO CURRENT OR FORMER UNITED
STATES OFFICIALS.
(a) <<NOTE: Effective date. Determination.>> In General.--On and
after the date that is 180 days after the date of the enactment of this
division, the President shall impose the sanctions described in
subsection (b) with respect to any foreign person the President
determines has, on or after such date of enactment, ordered, directed,
or taken material steps to carry out any use of violence or has
attempted or threatened to use violence against any current or former
official of the Government of the United States.
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Inadmissibility to united states.--In the case of a
foreign person who is an individual--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States; or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--The blocking, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests in
property of a foreign person if such property and interests in
property are in the United States, come within
[[Page 138 STAT. 992]]
the United States, or are or come within the possession or
control of a United States person.
(c) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of a
sanction described in subsection (b)(2) that is imposed by the President
or any regulation, license, or order issued to carry out such a sanction
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.
(d) Waiver.--The President may waive the application of sanctions
under this section for renewable periods not to exceed 180 days if the
President--
(1) <<NOTE: Determination.>> determines that such a waiver
is in the vital national security interests of the United
States; and
(2) <<NOTE: Deadline.>> not less than 15 days before the
granting of the waiver, submits to the appropriate congressional
committees a notice of and justification for the waiver.
(e) Termination and Sunset.--
(1) <<NOTE: Determination. Reports.>> Termination of
sanctions.--The President may terminate the application of
sanctions under this section with respect to a person if the
President determines and reports to the appropriate
congressional committees not later than 15 days before the
termination of the sanctions that--
(A) credible information exists that the person did
not engage in the activity for which sanctions were
imposed;
(B) the person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activity for which sanctions were
imposed, and has credibly committed to not engage in an
activity described in subsection (a) in the future; or
(C) the termination of the sanctions is in the vital
national security interests of the United States.
(2) Sunset.--The requirement to impose sanctions under this
section shall terminate on the date that is 4 years after the
date of the enactment of this division.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
the Judiciary; and
(2) the Committee on Foreign Relations and the Committee on
the Judiciary.
DIVISION P-- <<NOTE: Illicit Captagon Trafficking Suppression Act of
2023.>> ILLICIT CAPTAGON TRAFFICKING SUPPRESSION ACT
SEC. 1. <<NOTE: 50 USC 1701 note.>> SHORT TITLE.
This division may be cited as the ``Illicit Captagon Trafficking
Suppression Act of 2023''.
SEC. 2. <<NOTE: 50 USC 1701 note.>> FINDINGS.
Congress finds the following:
(1) Industrial scale production of the amphetamine-type
stimulant also known as captagon, and the illicit production
[[Page 138 STAT. 993]]
of precursor chemicals, in territories held by the regime of
President Bashar al Assad in Syria are becoming more
sophisticated and pose a severe challenge to regional and
international security.
(2) Elements of the Government of Syria are key drivers of
illicit trafficking in captagon, with ministerial-level
complicity in production and smuggling, using other armed groups
such as Hizballah for technical and logistical support in
captagon production and trafficking.
(3) As affiliates of the Government of Syria and other
actors seek to export captagon, they undermine regional security
by empowering a broad range of criminal networks, militant
groups, mafia syndicates, and autocratic governments.
SEC. 3. <<NOTE: 50 USC 1701 note.>> STATEMENT OF POLICY.
It is the policy of the United States to target individuals,
entities, and networks associated with the Government of Syria to
dismantle and degrade the transnational criminal organizations,
including narcotics trafficking networks, associated with the regime of
President Bashar al Assad in Syria and Hizballah.
SEC. 4. <<NOTE: President. 50 USC 1701 note.>> IMPOSITION OF
SANCTIONS WITH RESPECT TO ILLICIT CAPTAGON
TRAFFICKING.
(a) <<NOTE: Determination.>> In General.--The sanctions described in
subsection (b) shall be imposed with respect to any foreign person the
President determines, on or after the date of enactment of this
division--
(1) engages in, or attempts to engage in, activities or
transactions that have materially contributed to, or pose a
significant risk of materially contributing to, the illicit
production and international illicit proliferation of captagon;
or
(2) knowingly receives any property or interest in property
that the foreign person knows--
(A) constitutes or is derived from proceeds of
activities or transactions that have materially
contributed to, or pose a significant risk of materially
contributing to, the illicit production and
international illicit proliferation of captagon; or
(B) was used or intended to be used to commit or to
facilitate activities or transactions that have
materially contributed to, or pose a significant risk of
materially contributing to, the illicit production and
international illicit proliferation of captagon.
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Blocking of property.--The President shall exercise all
authorities granted under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and interests in
property of the foreign person if such property and interests in
property are in the United States, come within the United
States, or come within the possession or control of a United
States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described
in subsection (a) shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
[[Page 138 STAT. 994]]
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of any alien described in subsection
(a) is subject to revocation regardless of the
issue date of the visa or other entry
documentation.
(ii) Immediate effect.--A revocation under
clause (i) shall, in accordance with section
221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i))--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
possession of the alien.
(c) Penalties.--Any person that violates, or attempts to violate,
subsection (b) or any regulation, license, or order issued pursuant to
that subsection, 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.
(d) <<NOTE: Deadlines.>> Waiver.--
(1) <<NOTE: Determination.>> In general.--The President may
waive the application of sanctions under this section with
respect to a foreign person only if, not later than 15 days
prior to the date on which the waiver is to take effect, the
President submits to the appropriate congressional committees a
written determination and justification that the waiver is
important to the national security interests of the United
States.
(2) Briefing.--Not later than 60 days after the issuance of
a waiver under paragraph (1), and every 180 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the reasons for the
waiver.
(e) Implementation.--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 section.
(f) <<NOTE: Deadlines.>> Regulations.--
(1) In general.--The President shall, not later than 120
days after the date of the enactment of this division,
promulgate regulations as necessary for the implementation of
this section.
(2) Notification to congress.--Not later than 10 days before
the promulgation of regulations under this subsection, the
President shall notify the appropriate congressional committees
of the proposed regulations and the provisions of this section
that the regulations are implementing.
(g) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity 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 to comply with international obligations and
for law enforcement activities.--Sanctions under
[[Page 138 STAT. 995]]
this section 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 June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations; or
(B) to carry out or assist authorized law
enforcement activity in the United States.
(3) Humanitarian assistance.--
(A) In general.--Sanctions under this division shall
not apply to--
(i) the conduct or facilitation of a
transaction for the provision of agricultural
commodities, food, medicine, medical devices,
humanitarian assistance, or for humanitarian
purposes; or
(ii) transactions that are necessary for or
related to the activities described in clause (i).
(B) Definitions.--In this subsection:
(i) Agricultural commodity.--The term
``agricultural commodity'' has the meaning given
that term in section 102 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5602).
(ii) Medical device.--The term ``medical
device'' has the meaning given the term ``device''
in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(iii) Medicine.--The term ``medicine'' has the
meaning given the term ``drug'' in section 201 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
SEC. 5. <<NOTE: 50 USC 1701 note.>> DETERMINATIONS WITH RESPECT
TO THE GOVERNMENT OF SYRIA, HIZBALLAH, AND
NETWORKS AFFILIATED WITH THE GOVERNMENT OF
SYRIA OR HIZBALLAH.
(a) <<NOTE: Deadline. President.>> In General.--Not later than 180
days after the date of the enactment of this division, the President
shall--
(1) determine whether each foreign person described in
subsection (b) meets the criteria for sanctions under this
division; and
(2) <<NOTE: Reports.>> submit to the appropriate
congressional committees a report containing--
(A) <<NOTE: List.>> a list of all foreign persons
described in subsection (b) that meet the criteria for
imposition of sanctions under this division;
(B) for each foreign person identified pursuant to
subparagraph (A), a statement of whether sanctions have
been imposed or will be imposed within 30 days of the
submission of the report; and
(C) with respect to any person identified pursuant
to subparagraph (A) for whom sanctions have not been
imposed and will not be imposed within 30 days of the
submission of the report, the specific authority under
which otherwise applicable sanctions are being waived,
have otherwise been determined not to apply, or are not
being imposed and a complete justification of the
decision to waive or otherwise not apply such sanctions.
[[Page 138 STAT. 996]]
(b) <<NOTE: Maher Al Assad. Imad Abu Zureiq. Amer Taysir
Khiti. Taher al-Kayyali. Raji Falhout. Mohammed Asif Issa
Shalish. Abdellatif Hamid. Mustafa Al Masalmeh.>> Foreign Persons
Described.--The foreign persons described in this subsection are the
following:
(1) Maher Al Assad.
(2) Imad Abu Zureiq.
(3) Amer Taysir Khiti.
(4) Taher al-Kayyali.
(5) Raji Falhout.
(6) Mohammed Asif Issa Shalish.
(7) Abdellatif Hamid.
(8) Mustafa Al Masalmeh.
SEC. 6. <<NOTE: 50 USC 1701 note.>> DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on the Judiciary of the Senate.
(2) Captagon.--The term ``captagon'' means any compound,
mixture, or preparation which contains any quantity of a
stimulant in schedule I or II of section 202 of the Controlled
Substances Act (21 U.S.C. 812), including--
(A) amphetamine, methamphetamine, and fenethylline;
(B) any immediate precursor or controlled substance
analogue of such a stimulant, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802); and
(C) any isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers of such a stimulant,
whenever the existence of such isomers, esters, ethers,
and salts is possible within the specific chemical
designation.
(3) Foreign person.--The term ``foreign person''--
(A) means an individual or entity that is not a
United States person; and
(B) includes a foreign state (as such term is
defined in section 1603 of title 28, United States
Code).
(4) Illicit proliferation.--The term ``illicit
proliferation'' refers to any illicit activity to produce,
manufacture, distribute, sell, or knowingly finance or
transport.
(5) Knowingly.--The term ``knowingly'' has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(6) United states person.--The term ``United States person''
means--
(A) a United States citizen;
(B) a permanent resident alien of the United States;
(C) 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
(D) a person in the United States.
[[Page 138 STAT. 997]]
DIVISION Q-- <<NOTE: End Financing for Hamas and State Sponsors of
Terrorism Act.>> END FINANCING FOR HAMAS AND STATE SPONSORS OF TERRORISM
ACT
SEC. 1. SHORT TITLE.
This division may be cited as the ``End Financing for Hamas and
State Sponsors of Terrorism Act''.
SEC. 2. REPORT ON FINANCING FOR HAMAS.
Not later than 180 days after the date of the enactment of this
division, the Secretary of the Treasury shall submit to the Committee on
Foreign Affairs and the Committee on Financial Services of the House of
Representatives and to the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the Senate a report
(which shall be in unclassified form but may include a classified annex)
that includes--
(1) <<NOTE: Analysis.>> an analysis of the major sources of
financing to Hamas;
(2) a description of United States and multilateral efforts
to disrupt illicit financial flows involving Hamas;
(3) <<NOTE: Evaluation.>> an evaluation of United States
efforts to undermine the ability of Hamas to finance armed
hostilities against Israel; and
(4) <<NOTE: Implementation plan.>> an implementation plan
with respect to the multilateral strategy described in section
3.
SEC. 3. MULTILATERAL STRATEGY TO DISRUPT HAMAS FINANCING.
The Secretary of the Treasury, through participation in the G7, and
other appropriate fora, shall develop a strategy in coordination with
United States allies and partners to ensure that Hamas is incapable of
financing armed hostilities against Israel.
DIVISION R-- <<NOTE: Holding Iranian Leaders Accountable Act of
2024.>> HOLDING IRANIAN LEADERS ACCOUNTABLE ACT
SEC. 1. <<NOTE: 22 USC 8501 note.>> SHORT TITLE.
This division may be cited as the ``Holding Iranian Leaders
Accountable Act of 2024''.
SEC. 2. <<NOTE: 22 USC 8501 note.>> FINDINGS.
The Congress finds the following:
(1) Iran is characterized by high levels of official and
institutional corruption, and substantial involvement by Iran's
security forces, particularly the Islamic Revolutionary Guard
Corps (IRGC), in the economy.
(2) The Department of Treasury in 2019 designated the
Islamic Republic of Iran's financial sector as a jurisdiction of
primary money laundering concern, concluding, ``Iran has
developed covert methods for accessing the international
financial system and pursuing its malign activities, including
misusing banks and exchange houses, operating procurement
networks that utilize front or shell companies, exploiting
commercial shipping, and masking illicit transactions using
senior officials, including those at the Central Bank of Iran
(CBI).''.
[[Page 138 STAT. 998]]
(3) In June 2019, the Financial Action Task Force (FATF)
urged all jurisdictions to require increased supervisory
examination for branches and subsidiaries of financial
institutions based in Iran. The FATF later called upon its
members to introduce enhanced relevant reporting mechanisms or
systematic reporting of financial transactions, and require
increased external audit requirements, for financial groups with
respect to any of their branches and subsidiaries located in
Iran.
(4) According to the State Department's ``Country Reports on
Terrorism'' in 2021, ``Iran continued to be the leading state
sponsor of terrorism, facilitating a wide range of terrorist and
other illicit activities around the world. Regionally, Iran
supported acts of terrorism in Bahrain, Iraq, Lebanon, Syria,
and Yemen through proxies and partner groups such as Hizballah
and Hamas.''.
SEC. 3. <<NOTE: 22 USC 8501 note.>> REPORT ON FINANCIAL
INSTITUTIONS AND ASSETS CONNECTED TO CERTAIN
IRANIAN OFFICIALS.
(a) <<NOTE: President.>> Financial Institutions and Assets Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this division, and every 2 years thereafter,
the President shall submit a report to the appropriate Members
of Congress containing--
(A) the estimated total funds or assets that are
under direct or indirect control by each of the natural
persons described under subsection (b), and a
description of such funds or assets, except that the
President may limit coverage of the report to not fewer
than 5 of such natural persons in order to meet the
submission deadline described under this paragraph;
(B) a description of how such funds or assets were
acquired, and how they have been used or employed;
(C) <<NOTE: List.>> a list of any non-Iranian
financial institutions that--
(i) maintain an account in connection with
funds or assets described in subparagraph (A); or
(ii) knowingly provide significant financial
services to a natural person covered by the
report; and
(D) a description of any illicit or corrupt means
employed to acquire or use such funds or assets.
(2) Exemptions.--The requirements described under paragraph
(1) may not be applied with respect to a natural person or a
financial institution, as the case may be, if the President
determines:
(A) The funds or assets described under subparagraph
(A) of paragraph (1) were acquired through legal or
noncorrupt means.
(B) The natural person has agreed to provide
significant cooperation to the United States for an
important national security or law enforcement purpose
with respect to Iran.
(C) A financial institution that would otherwise be
listed in the report required by paragraph (1) has
agreed to--
(i) no longer maintain an account described
under subparagraph (C)(i) of paragraph (1);
[[Page 138 STAT. 999]]
(ii) no longer provide significant financial
services to a natural person covered by the
report; or
(iii) provide significant cooperation to the
United States for an important national security
or law enforcement purpose with respect to Iran.
(3) <<NOTE: Time period.>> Waiver.--The President may waive
for up to 1 year at a time any requirement under paragraph (1)
with respect to a natural person or a financial institution
after reporting in writing to the appropriate Members of
Congress that the waiver is in the national interest of the
United States, with a detailed explanation of the reasons
therefor.
(b) Persons Described.--The natural persons described in this
subsection are the following:
(1) The Supreme Leader of Iran.
(2) The President of Iran.
(3) The members of the Council of Guardians.
(4) The members of the Expediency Council.
(5) The Minister of Intelligence and Security.
(6) The Commander and the Deputy Commander of the IRGC.
(7) The Commander and the Deputy Commander of the IRGC
Ground Forces.
(8) The Commander and the Deputy Commander of the IRGC
Aerospace Force.
(9) The Commander and the Deputy Commander of the IRGC Navy.
(10) The Commander of the Basij-e Mostaz'afin.
(11) The Commander of the Qods Force.
(12) The Commander in Chief of the Police Force.
(13) The head of the IRGC Joint Staff.
(14) The Commander of the IRGC Intelligence.
(15) The head of the IRGC Imam Hussein University.
(16) The Supreme Leader's Representative at the IRGC.
(17) The Chief Executive Officer and the Chairman of the
IRGC Cooperative Foundation.
(18) The Commander of the Khatam-al-Anbia Construction Head
Quarter.
(19) The Chief Executive Officer of the Basij Cooperative
Foundation.
(20) The head of the Political Bureau of the IRGC.
(21) The senior leadership as determined by the President of
the following groups:
(A) Hizballah.
(B) Hamas.
(C) Palestinian Islamic Jihad.
(D) Kata'ib Hizballah.
(c) Form of Report; Public Availability.--
(1) Form.--The report required under subsection (a) and any
waiver under subsection (a)(3) shall be submitted in
unclassified form but may contain a classified annex.
(2) <<NOTE: Notification.>> Public availability.--The
Secretary shall make the unclassified portion of such report
public if the Secretary notifies the appropriate Members of
Congress that the publication is in the national interest of the
United States and would substantially promote--
(A) deterring or sanctioning official corruption in
Iran;
[[Page 138 STAT. 1000]]
(B) holding natural persons or financial
institutions listed in the report accountable to the
people of Iran;
(C) combating money laundering or the financing of
terrorism; or
(D) achieving any other strategic objective with
respect to the Government of Iran.
(3) <<NOTE: Web posting.>> Format of publicly available
reports.--If the Secretary makes the unclassified portion of a
report public pursuant to paragraph (2), the Secretary shall
make it available to the public on the website of the Department
of the Treasury--
(A) in English, Farsi, Arabic, and Azeri; and
(B) in precompressed, easily downloadable versions
that are made available in all appropriate formats.
(d) Report and Briefing on Iranian Assets and Licenses.--
(1) In general.--Not later than 30 days after the date of
the enactment of this division, the Secretary of the Treasury
shall submit to the appropriate members of Congress a report and
provide to the appropriate congressional committees a briefing--
(A) identifying--
(i) all assets of the Government of Iran or
covered persons valued at more than $5,000,000 and
blocked by the United States pursuant to any
provision of law; and
(ii) for each such asset--
(I) the country in which the asset
is held;
(II) the financial institution in
which the asset is held; and
(III) the approximate value of the
asset; and
(B) <<NOTE: List.>> setting forth a list of all
general licenses, specific licenses, action letters,
comfort letters, statements of licensing policy, answers
to frequently asked questions, or other exemptions
issued by the Secretary with respect to sanctions
relating to Iran that are in effect as of the date of
the report.
(2) Form.--
(A) Assets.--The report and briefing required by
paragraph (1) shall be submitted or provided, as the
case may be, in unclassified form.
(B) Exemptions.--The report and briefing required by
paragraph (1) shall be submitted or provided, as the
case may be, in classified form.
(3) Covered person defined.--In this section, the term
``covered person'' means--
(A) an individual who is a citizen or national of
Iran and is acting on behalf of the Government of Iran;
(B) an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government
of Iran; and
(C) an individual or entity that provides material,
tactical, operational, developmental, or financial
support to--
(i) the Islamic Revolutionary Guard Corps;
(ii) any agency or instrumentality of the
armed forces of Iran;
(iii) any agency or instrumentality related to
the nuclear program of Iran; or
[[Page 138 STAT. 1001]]
(iv) any organization designated as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189),
including Hamas, Hezbollah, Palestinian Islamic
Jihad, alQa'ida, and al-Shabaab.
SEC. 4. <<NOTE: 22 USC 8501 note.>> RESTRICTIONS ON CERTAIN
FINANCIAL INSTITUTIONS.
(a) <<NOTE: Deadline.>> In General.--Not later than the date that is
90 days after submitting a report described under section 3(a)(1), the
Secretary shall undertake the following with respect to a financial
institution that is described under section 3(a)(1)(C) and listed in the
report:
(1) If the financial institution is a United States
financial institution, require the closure of any account
described in section 3(a)(1)(C)(i), and prohibit the provision
of significant financial services, directly or indirectly, to a
natural person covered by the report.
(2) If the financial institution is a foreign financial
institution, actively seek the closure of any account described
in section 3(a)(1)(C)(i), and the cessation of significant
financial services to a natural person covered by the report,
using any existing authorities of the Secretary, as appropriate.
(b) <<NOTE: Reports.>> Suspension.--The Secretary may suspend the
application of subsection (a) with respect to a financial institution
upon reporting to the appropriate Members of Congress that the
suspension is in the national interest of the United States, with a
detailed explanation of the reasons therefor.
SEC. 5. <<NOTE: 22 USC 8501 note.>> EXCEPTIONS FOR NATIONAL
SECURITY; IMPLEMENTATION AUTHORITY.
The following activities shall be exempt from requirements under
sections 3 and 4:
(1) Any activity subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), or to any authorized intelligence activities of the
United States.
(2) The admission of an alien to the United States if such
admission is necessary to comply with United States obligations
under the Agreement between the United Nations and the United
States of America regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, or under the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into force
March 19, 1967, or other applicable international obligations of
the United States.
(3) The conduct or facilitation of a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices to Iran or for the provision of humanitarian assistance
to the people of Iran, including engaging in a financial
transaction relating to humanitarian assistance or for
humanitarian purposes or transporting goods or services that are
necessary to carry out operations relating to humanitarian
assistance or humanitarian purposes.
SEC. 6. <<NOTE: 22 USC 8501 note.>> SUNSET.
The provisions of this division shall have no force or effect on the
earlier of--
[[Page 138 STAT. 1002]]
(1) the date that is 5 years after the date of enactment of
this division; or
(2) <<NOTE: Reports. Iran.>> 30 days after the Secretary
reports in writing to the appropriate Members of Congress that--
(A) Iran is not a jurisdiction of primary money
laundering concern; or
(B) the Government of Iran is providing significant
cooperation to the United States for the purpose of
preventing acts of international terrorism, or for the
promotion of any other strategic objective that is
important to the national interest of the United States,
as specified in the report by the Secretary.
SEC. 7. <<NOTE: 22 USC 8501 note.>> DEFINITIONS.
For purposes of this division:
(1) Appropriate members of congress.--The term ``appropriate
Members of Congress'' means the Speaker and Minority Leader of
the House of Representatives, the Majority Leader and Minority
Leader of the Senate, the Chairman and Ranking Member of the
Committee on Foreign Affairs and the Committee on Financial
Services of the House of Representatives, and the Chairman and
Ranking Member of the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) Financial institution.--The term ``financial
institution'' means a United States financial institution or a
foreign financial institution.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations.
(4) Funds.--The term ``funds'' means--
(A) cash;
(B) equity;
(C) any other asset whose value is derived from a
contractual claim, including bank deposits, bonds,
stocks, a security as defined in section 2(a) of the
Securities Act of 1933 (15 U.S.C. 77b(a)), or a security
or an equity security as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and
(D) anything else that the Secretary determines
appropriate.
(5) 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.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(7) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 561.309 of title
31, Code of Federal Regulations.
[[Page 138 STAT. 1003]]
DIVISION S-- <<NOTE: Iran-China Energy Sanctions Act of 2023.>> IRAN-
CHINA ENERGY SANCTIONS ACT OF 2023
SEC. 1. <<NOTE: 22 USC 8501 note.>> SHORT TITLE.
This division may be cited as the ``Iran-China Energy Sanctions Act
of 2023''.
SEC. 2. SANCTIONS ON FOREIGN FINANCIAL INSTITUTIONS WITH RESPECT
TO THE PURCHASE OF PETROLEUM PRODUCTS AND
UNMANNED AERIAL VEHICLES FROM IRAN.
Section 1245(d) of the National Defense Authorization Act for Fiscal
Year 2012 (22 U.S.C. 8513a(d)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Applicability of sanctions with respect to chinese
financial institutions.--
``(A) In general.--For the purpose of paragraph
(1)(A), a `significant financial transaction' shall
include, based on relevant facts and circumstances, any
transaction--
``(i) by a Chinese financial institution
(without regard to the size, number, frequency, or
nature of the transaction) involving the purchase
of petroleum or petroleum products from Iran; and
``(ii) by a foreign financial institution
(without regard to the size, number, frequency, or
nature of the transaction) involving the purchase
of Iranian unmanned aerial vehicles (UAVs), UAV
parts, or related systems.
``(B) <<NOTE: Deadline. Time
period. President.>> Determination required.--Not later
than 180 days after the date of the enactment of this
paragraph and every year thereafter for 5 years, the
President shall--
``(i) determine whether any--
``(I) Chinese financial institution
has engaged in a significant financial
transaction as described in paragraph
(1)(A)(i); and
``(II) financial institution has
engaged in a significant financial
transaction as described in paragraph
(1)(A)(ii); and
``(ii) transmit the determination under clause
(i) to the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives and to the Committee on Foreign
Relations and the Committee on Banking, Housing,
and Urban Affairs of the Senate.''.
[[Page 138 STAT. 1004]]
DIVISION T--BUDGETARY EFFECTS
SEC. 1. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of division D
and each subsequent division of this Act 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 division D
and each subsequent division of this Act 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 division D and
each subsequent division of this Act 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.
Approved April 24, 2024.
LEGISLATIVE HISTORY--H.R. 815:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 169 (2023):
Mar. 7, considered and passed House.
Vol. 170 (2024):
Feb. 9-12, considered and passed
Senate, amended.
Apr. 20, House concurred in Senate
amendment with an amendment
pursuant to H. Res. 1160.
Apr. 23, Senate concurred in House
amendment.
<all>