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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 2 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 3 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 4 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 5 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 6 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 7 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 8 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 9 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 10 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 11 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 12 HR 6126 PCS 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS 13 HR 6126 PCS 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. VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS Calendar No. 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 VerDate Sep 11 2014 03:15 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H6126.PCS H6126 SSpencer on DSK126QN23PROD with BILLS