Us Congress 2023-2024 Regular Session

Us Congress House Bill HB6126 Latest Draft

Bill / Introduced Version Filed 11/09/2023

                            II 
Calendar No. 241 
118THCONGRESS 
1
STSESSION H. R. 6126 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER6, 2023 
Received; read the first time 
N
OVEMBER7, 2023 
Read the second time and placed on the calendar 
AN ACT 
Making emergency supplemental appropriations to respond 
to the attacks in Israel for the fiscal year ending Sep-
tember 30, 2024, and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
That the following sums are appropriated, out of any 3
money in the Treasury not otherwise appropriated, for the 4
fiscal year ending September 30, 2024, and for other pur-5
poses, namely: 6
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TITLE I 1
DEPARTMENT OF DEFENSE 2
OPERATION AND MAINTENANCE 3
O
PERATION ANDMAINTENANCE, DEFENSE-WIDE 4
(INCLUDING TRANSFER OF FUNDS) 5
For an additional amount for ‘‘Operation and Main-6
tenance, Defense-Wide’’, $4,400,000,000, to remain avail-7
able until September 30, 2025, to respond to the attacks 8
in Israel: Provided, That such amounts may be transferred 9
to accounts under the headings ‘‘Operation and Mainte-10
nance’’ and ‘‘Procurement’’ for replacement of defense ar-11
ticles from the stocks of the Department of Defense, and 12
for reimbursement for defense services of the Department 13
of Defense and military education and training, provided 14
to Israel or identified and notified to Congress for provi-15
sion to Israel: Provided further, That funds transferred 16
pursuant to the previous proviso shall be merged with and 17
available for the same purposes and for the same time pe-18
riod as the appropriations to which the funds are trans-19
ferred: Provided further, That the Secretary of Defense 20
shall notify the congressional defense committees of the 21
details of such transfers not less than 15 days before any 22
such transfer: Provided further, That upon a determina-23
tion that all or part of the funds transferred from this 24
appropriation are not necessary for the purposes provided 25
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under this heading, such amounts may be transferred back 1
and merged with this appropriation: Provided further, 2
That any transfer authority provided under this heading 3
is in addition to any other transfer authority provided by 4
law: Provided further, That such amount is designated by 5
the Congress as an emergency requirement pursuant to 6
section 251(b)(2)(A)(i) of the Balanced Budget and 7
Emergency Deficit Control Act of 1985, as amended. 8
PROCUREMENT 9
P
ROCUREMENT OF AMMUNITION, ARMY 10
For an additional amount for ‘‘Procurement of Am-11
munition, Army’’, $801,400,000, to remain available until 12
September 30, 2026, to respond to the attacks in Israel: 13
Provided, That such amount is designated by the Congress 14
as an emergency requirement pursuant to section 15
251(b)(2)(A)(i) of the Balanced Budget and Emergency 16
Deficit Control Act of 1985, as amended. 17
W
EAPONSPROCUREMENT, NAVY 18
For an additional amount for ‘‘Weapons Procure-19
ment, Navy’’, $10,000,000, to remain available until Sep-20
tember 30, 2026, to respond to the attacks in Israel: Pro-21
vided, That such amount is designated by the Congress 22
as an emergency requirement pursuant to section 23
251(b)(2)(A)(i) of the Balanced Budget and Emergency 24
Deficit Control Act of 1985, as amended. 25
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MISSILEPROCUREMENT, AIRFORCE 1
For an additional amount for ‘‘Missile Procurement, 2
Air Force’’, $38,600,000, to remain available until Sep-3
tember 30, 2026, to respond to the attacks in Israel: Pro-4
vided, That such amount is designated by the Congress 5
as an emergency requirement pursuant to section 6
251(b)(2)(A)(i) of the Balanced Budget and Emergency 7
Deficit Control Act of 1985, as amended. 8
P
ROCUREMENT, DEFENSE-WIDE 9
For an additional amount for ‘‘Procurement, De-10
fense-Wide’’, $4,000,000,000, to remain available until 11
September 30, 2026, for the Secretary of Defense to pro-12
vide to the Government of Israel for the procurement of 13
the Iron Dome and David’s Sling defense systems to 14
counter short-range rocket threats: Provided, That such 15
funds shall be transferred pursuant to an exchange of let-16
ters and are in addition to funds provided pursuant to the 17
U.S.-Israel Iron Dome Procurement Agreement, as 18
amended: Provided further, That nothing under this head-19
ing shall be construed to apply to amounts made available 20
in prior appropriations Acts for the procurement of the 21
Iron Dome and David’s Sling defense systems: Provided 22
further, That such amount is designated by the Congress 23
as an emergency requirement pursuant to section 24
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251(b)(2)(A)(i) of the Balanced Budget and Emergency 1
Deficit Control Act of 1985, as amended. 2
RESEARCH, DEVELOPMENT, TEST AND 3
EVALUATION 4
R
ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 5
D
EFENSE-WIDE 6
(INCLUDING TRANSFERS OF FUNDS) 7
For an additional amount for ‘‘Research, Develop-8
ment, Test and Evaluation, Defense-Wide’’, 9
$1,350,000,000, to remain available until September 30, 10
2025, to respond to the attacks in Israel, of which 11
$1,200,000,000 shall be for the Secretary of Defense to 12
provide to the Government of Israel for the development 13
of the Iron Beam defense system to counter short-range 14
rocket threats: Provided, That such funds shall be trans-15
ferred pursuant to an exchange of letters: Provided fur-16
ther, That nothing in the preceding proviso shall be con-17
strued to apply to amounts made available in prior appro-18
priations Acts for the development of the Iron Beam de-19
fense system: Provided further, That such amounts may 20
be transferred to ‘‘Procurement, Defense-Wide’’ for the 21
production of such system: Provided further, That the Sec-22
retary of Defense shall notify the congressional defense 23
committees of the details of such transfers not less than 24
15 days before any such transfer: Provided further, That 25
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upon a determination that all or part of the funds trans-1
ferred from this appropriation are not necessary for the 2
purposes provided under this heading, such amounts may 3
be transferred back and merged with this appropriation: 4
Provided further, That any transfer authority provided 5
under this heading is in addition to any other transfer au-6
thority provided by law: Provided further, That such 7
amount is designated by the Congress as an emergency 8
requirement pursuant to section 251(b)(2)(A)(i) of the 9
Balanced Budget and Emergency Deficit Control Act of 10
1985, as amended. 11
GENERAL PROVISIONS—THIS TITLE 12
S
EC. 101. Section 12001 of the Department of De-13
fense Appropriations Act, 2005 (Public Law 108–287), as 14
amended by Public Law 115–141, is amended as follows: 15
(1) In paragraph (2) of subsection (a), by strik-16
ing ‘‘armor’’ and all that follows through the end of 17
the paragraph and inserting ‘‘defense articles that 18
are in the inventory of the Department of Defense 19
as of the date of transfer, are intended for use as 20
reserve stocks for Israel, and are located in a stock-21
pile for Israel as of the date of transfer’’; 22
(2) In subsection (b), by striking ‘‘at least 23
equal to the fair market value of the items trans-24
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ferred’’ and inserting ‘‘in an amount to be deter-1
mined by the Secretary of Defense’’; and 2
(3) In subsection (c), by striking ‘‘30’’ and in-3
serting ‘‘15’’, and by inserting ‘‘Appropriations,’’ 4
after ‘‘Committees on’’ in both places it occurs. 5
S
EC. 102. During fiscal year 2024, section 514(b) of 6
the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)) 7
shall not apply to defense articles to be set aside, ear-8
marked, reserved, or intended for use as reserve stocks 9
in stockpiles in the State of Israel. 10
S
EC. 103. Not later than 30 days after the date of 11
enactment of this Act, and every 30 days thereafter 12
through fiscal year 2025, the Secretary of Defense, in co-13
ordination with the Secretary of State, shall provide a 14
written report to the Committees on Appropriations, 15
Armed Services, and Foreign Affairs of the House of Rep-16
resentatives and the Committees on Appropriations, 17
Armed Services, and Foreign Relations of the Senate de-18
scribing United States security assistance provided to 19
Israel since the October 7, 2023, terrorist attack on Israel, 20
including a comprehensive list of the defense articles and 21
services provided to Israel and the associated authority 22
and funding used to provide such articles and services: 23
Provided, That such report shall be submitted in unclassi-24
fied form, but may be accompanied by a classified annex. 25
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SEC. 104. Concurrent with any notification of assist-1
ance made pursuant to section 506(b)(1) of the Foreign 2
Assistance Act of 1961 (22 U.S.C. 2318(b)(1)), the Sec-3
retary of Defense shall submit a written notification to 4
the congressional defense committees that contains a de-5
scription of the defense articles and defense services to 6
be furnished, including the quantity, approximate value, 7
and an estimate of the cost to replace such article or an 8
equivalent capability; and a timeline for the delivery of 9
such defense articles and defense services. 10
TITLE II 11
DEPARTMENT OF STATE AND RELATED 12
AGENCY 13
DEPARTMENT OF STATE 14
A
DMINISTRATION OFFOREIGNAFFAIRS 15
DIPLOMATIC PROGRAMS 16
For an additional amount for ‘‘Diplomatic Pro-17
grams’’, $150,000,000, to remain available until Sep-18
tember 30, 2025, for responding to the attacks in Israel 19
and areas impacted by the attacks in Israel, including for 20
crisis response and relocation support for Mission Israel, 21
of which $100,000,000 shall be available until expended 22
for Worldwide Security Protection to sustain requirements 23
for Mission Israel and other United States missions af-24
fected by the attacks in Israel: Provided, That such 25
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amount is designated by the Congress as an emergency 1
requirement pursuant to section 251(b)(2)(A)(i) of the 2
Balanced Budget and Emergency Deficit Control Act of 3
1985, as amended. 4
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 5
SERVICE 6
For an additional amount for ‘‘Emergencies in the 7
Diplomatic and Consular Service’’, $50,000,000, to re-8
main available until September 30, 2025, for emergency 9
evacuation of United States Government personnel and 10
citizens in Israel and in countries in the region impacted 11
by the attacks in Israel: Provided, That such amount is 12
designated by the Congress as an emergency requirement 13
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-14
et and Emergency Deficit Control Act of 1985, as amend-15
ed. 16
INTERNATIONAL SECURITY ASSISTANCE 17
F
UNDSAPPROPRIATED TO THE PRESIDENT 18
FOREIGN MILITARY FINANCING PROGRAM 19
For an additional amount for ‘‘Foreign Military Fi-20
nancing Program’’, $3,500,000,000, to remain available 21
until September 30, 2025, to respond to the attacks in 22
Israel: Provided, That funds made available under this 23
heading in this Act and prior Acts making appropriations 24
for the Department of State, foreign operations, and re-25
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lated programs for fiscal year 2024, in addition to funds 1
otherwise available for such purposes, may be used by the 2
Department of State for necessary expenses for the gen-3
eral costs of administering military assistance and sales, 4
including management and oversight of such programs 5
and activities: Provided further, That, to the extent that 6
the Government of Israel requests that funds be used for 7
such purposes, grants made available for Israel under this 8
heading shall, as agreed by the United States and Israel, 9
be available for advanced weapons systems, of which up 10
to $3,500,000,000 may be available for the procurement 11
in Israel of defense articles and defense services: Provided 12
further, That any congressional notification requirement 13
applicable to funds made available under this heading for 14
Israel may be waived if a determination is made that ex-15
traordinary circumstances exist that impact the national 16
security of the United States: Provided further, That such 17
amount is designated by the Congress as an emergency 18
requirement pursuant to section 251(b)(2)(A)(i) of the 19
Balanced Budget and Emergency Deficit Control Act of 20
1985, as amended. 21
GENERAL PROVISIONS—THIS TITLE 22
S
EC. 201. (a) During fiscal year 2024, and subject 23
to subsection (b), section 506(a)(1) of the Foreign Assist-24
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ance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied 1
by substituting ‘‘$2,500,000,000’’ for ‘‘$100,000,000’’. 2
(b) Subsection (a) shall not take effect unless the 3
Secretary of State determines and reports to the appro-4
priate congressional committees that the exercise of the 5
authority of such subsection is necessary to respond to the 6
situation in Israel. 7
S
EC. 202. Not later than 30 days after the date of 8
enactment of this Act, the Secretary of State shall submit 9
to the Committees on Appropriations a report on the pro-10
posed uses of funds appropriated by this title to respond 11
to the situation in Israel: Provided, That such report shall 12
be updated and submitted to such Committees every 60 13
days thereafter until September 30, 2025, and every 180 14
days thereafter until all funds have been expended, and 15
shall include information detailing how estimates and as-16
sumptions contained in previous reports have changed, in-17
cluding obligations and expenditures. 18
TITLE III 19
GENERAL PROVISIONS—THIS ACT 20
S
EC. 301. Each amount appropriated or made avail-21
able by this Act is in addition to amounts otherwise appro-22
priated for the fiscal year involved. 23
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SEC. 302. No part of any appropriation contained in 1
this Act shall remain available for obligation beyond the 2
current fiscal year unless expressly so provided herein. 3
S
EC. 303. Unless otherwise provided for by this Act, 4
the additional amounts appropriated by this Act to appro-5
priations accounts shall be available under the authorities 6
and conditions applicable to such appropriations accounts 7
for fiscal year 2024. 8
S
EC. 304. Each amount designated in this Act by the 9
Congress as an emergency requirement pursuant to sec-10
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-11
gency Deficit Control Act of 1985, as amended, shall be 12
available (or rescinded or transferred, if applicable) only 13
if the President subsequently so designates all such 14
amounts and transmits such designations to the Congress. 15
S
EC. 305. Any amount appropriated by this Act, des-16
ignated by the Congress as an emergency requirement 17
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-18
et and Emergency Deficit Control Act of 1985, as amend-19
ed, and subsequently so designated by the President, and 20
transferred pursuant to transfer authorities provided by 21
this Act shall retain such designation. 22
BUDGETARY OFFSETS 23
S
EC. 306. (a) RESCISSION OFCERTAINBALANCES 24
M
ADEAVAILABLE TO THE INTERNALREVENUESERV-25
ICE.—Of the unobligated balances of amounts appro-26
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priated or otherwise made available for activities of the 1
Internal Revenue Service by paragraphs (1)(A)(ii), 2
(1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 10301 3
of Public Law 117–169 (commonly known as the ‘‘Infla-4
tion Reduction Act of 2022’’) as of the date of the enact-5
ment of this Act, $14,300,000,000 are hereby rescinded. 6
(b) C
LASSIFICATION OF BUDGETARYEFFECTS.— 7
Notwithstanding Rule 3 of the Budget Scorekeeping 8
Guidelines set forth in the joint explanatory statement of 9
the committee of conference accompanying Conference Re-10
port 105–217 and section 250(c)(8) of the Balanced 11
Budget and Emergency Deficit Control Act of 1985, the 12
budgetary effects of this section shall not be estimated— 13
(1) for purposes of section 251 of such act; 14
(2) for purposes of an allocation to the Com-15
mittee on Appropriations pursuant to section 302(a) 16
of the Congressional Budget Act of 1974; and 17
(3) for purposes of paragraph (4)(C) of section 18
3 of the Statutory Pay-As-You-Go Act of 2010 as 19
being included in an appropriation Act. 20
This Act may be cited as the ‘‘Israel Security Supple-21
mental Appropriations Act, 2024’’. 22
Passed the House of Representatives November 2, 
2023. 
Attest: KEVIN F. MCCUMBER, 
Clerk. 
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241 
118
TH
CONGRESS 
1
ST
S
ESSION
 
H. R. 6126 
AN ACT 
Making emergency supplemental appropriations to 
respond to the attacks in Israel for the fiscal 
year ending September 30, 2024, and for other 
purposes. 
N
OVEMBER
7, 2023 
Read the second time and placed on the calendar 
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