Us Congress 2023-2024 Regular Session

Us Congress House Bill HB7493 Compare Versions

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11 I
22 118THCONGRESS
33 2
44 DSESSION H. R. 7493
55 Making emergency supplemental appropriations to the Department of State
66 and the Department of Homeland Security to provide assistance to
77 Israel, Ukraine, and the Indo-Pacific region, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 FEBRUARY29, 2024
1010 Mr. G
1111 OTTHEIMER(for himself, Mr. CASE, Mr. MOSKOWITZ, and Mr. COSTA)
1212 introduced the following bill; which was referred to the Committee on Ap-
1313 propriations, and in addition to the Committee on the Budget, for a pe-
1414 riod to be subsequently determined by the Speaker, in each case for con-
1515 sideration of such provisions as fall within the jurisdiction of the com-
1616 mittee concerned
1717 A BILL
1818 Making emergency supplemental appropriations to the De-
1919 partment of State and the Department of Homeland
2020 Security to provide assistance to Israel, Ukraine, and
2121 the Indo-Pacific region, and for other purposes.
2222 Be it enacted by the Senate and House of Representa-1
2323 tives of the United States of America in Congress assembled, 2
2424 The following sums are appropriated, out of any 3
2525 money in the Treasury not otherwise appropriated, for the 4
2626 fiscal year ending September 30, 2024, and for other pur-5
2727 poses, namely: 6
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3131 SECTION 1. SHORT TITLE. 1
3232 This Act may be cited as the ‘‘Strategic Humani-2
3333 tarian Investments to Ensure Lasting Democracies Act’’ 3
3434 or the ‘‘SHIELD Act’’. 4
3535 TITLE I 5
3636 DEPARTMENT OF STATE AND RELATED 6
3737 AGENCY 7
3838 DEPARTMENT OF STATE 8
3939 A
4040 DMINISTRATION OFFOREIGNAFFAIRS 9
4141 DIPLOMATIC PROGRAMS 10
4242 For an additional amount for ‘‘Diplomatic Pro-11
4343 grams’’, $210,000,000, to remain available until Sep-12
4444 tember 30, 2025, to respond to the situations in Israel 13
4545 and Ukraine and areas and countries impacted by the situ-14
4646 ations in Israel and Ukraine: Provided, That of the total 15
4747 amount provided under this heading in this Act, 16
4848 $100,000,000, to remain available until expended, shall be 17
4949 for Worldwide Security Protection, including to respond 18
5050 to the situation in Israel and areas impacted by the situa-19
5151 tion in Israel: Provided further, That such amount is des-20
5252 ignated by the Congress as being for an emergency re-21
5353 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-22
5454 anced Budget and Emergency Deficit Control Act of 1985. 23
5555 OFFICE OF INSPECTOR GENERAL 24
5656 For an additional amount for ‘‘Office of Inspector 25
5757 General’’, $12,000,000, to remain available until Sep-26
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6161 tember 30, 2025: Provided, That such amount is des-1
6262 ignated by the Congress as being for an emergency re-2
6363 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-3
6464 anced Budget and Emergency Deficit Control Act of 1985. 4
6565 UNITED STATES AGENCY FOR INTERNATIONAL 5
6666 DEVELOPMENT 6
6767 F
6868 UNDSAPPROPRIATED TO THE PRESIDENT 7
6969 OPERATING EXPENSES 8
7070 For an additional amount for ‘‘Operating Expenses’’, 9
7171 $39,000,000, to remain available until September 30, 10
7272 2025, to respond to the situations in Israel and Ukraine 11
7373 and countries impacted by the situations in Israel and 12
7474 Ukraine: Provided, That such amount is designated by the 13
7575 Congress as being for an emergency requirement pursuant 14
7676 to section 251(b)(2)(A)(i) of the Balanced Budget and 15
7777 Emergency Deficit Control Act of 1985. 16
7878 OFFICE OF INSPECTOR GENERAL 17
7979 For an additional amount for ‘‘Office of Inspector 18
8080 General’’, $13,000,000, to remain available until Sep-19
8181 tember 30, 2025: Provided, That such amount is des-20
8282 ignated by the Congress as being for an emergency re-21
8383 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-22
8484 anced Budget and Emergency Deficit Control Act of 1985. 23
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8888 BILATERAL ECONOMIC ASSISTANCE 1
8989 F
9090 UNDSAPPROPRIATED TO THE PRESIDENT 2
9191 INTERNATIONAL DISASTER ASSISTANCE 3
9292 For an additional amount for ‘‘International Disaster 4
9393 Assistance’’, $5,655,000,000, to remain available until ex-5
9494 pended, to address humanitarian needs in response to the 6
9595 situations in Israel and Ukraine, including the provision 7
9696 of emergency food and shelter, and for assistance for other 8
9797 vulnerable populations and communities: Provided, That 9
9898 such amount is designated by the Congress as being for 10
9999 an emergency requirement pursuant to section 11
100100 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12
101101 Deficit Control Act of 1985. 13
102102 ECONOMIC SUPPORT FUND 14
103103 For an additional amount for ‘‘Economic Support 15
104104 Fund’’, $50,000,000 shall be to prevent and respond to 16
105105 food insecurity: Provided further, That such amount is 17
106106 designated by the Congress as being for an emergency re-18
107107 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-19
108108 anced Budget and Emergency Deficit Control Act of 1985. 20
109109 D
110110 EPARTMENT OFSTATE 21
111111 MIGRATION AND REFUGEE ASSISTANCE 22
112112 For an additional amount for ‘‘Migration and Ref-23
113113 ugee Assistance’’, $3,495,000,000, to remain available 24
114114 until expended, to address humanitarian needs and assist 25
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118118 refugees in response to the situations in Israel and 1
119119 Ukraine, and for assistance for other vulnerable popu-2
120120 lations and communities: Provided, That such amount is 3
121121 designated by the Congress as being for an emergency re-4
122122 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-5
123123 anced Budget and Emergency Deficit Control Act of 1985. 6
124124 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 7
125125 RELATED PROGRAMS 8
126126 For an additional amount for ‘‘Nonproliferation, 9
127127 Anti-terrorism, Demining and Related Programs’’, 10
128128 $100,000,000, to remain available until September 30, 11
129129 2025, for assistance for Ukraine and countries impacted 12
130130 by the situation in Ukraine: Provided, That not later than 13
131131 60 days after the date of enactment of this Act, the Sec-14
132132 retary of State shall consult with the Committees on Ap-15
133133 propriations on the prioritization of demining efforts and 16
134134 how such efforts will be coordinated with development ac-17
135135 tivities: Provided further, That such amount is designated 18
136136 by the Congress as being for an emergency requirement 19
137137 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-20
138138 et and Emergency Deficit Control Act of 1985. 21
139139 PEACEKEEPING OPERATIONS 22
140140 For an additional amount for ‘‘Peacekeeping Oper-23
141141 ations’’, $10,000,000, to remain available until September 24
142142 30, 2025, for a United States contribution to the Multi-25
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146146 national Force and Observers mission in the Sinai to en-1
147147 hance force protection capabilities: Provided, That such 2
148148 amount is designated by the Congress as being for an 3
149149 emergency requirement pursuant to section 4
150150 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5
151151 Deficit Control Act of 1985. 6
152152 F
153153 UNDSAPPROPRIATED TO THE PRESIDENT 7
154154 FOREIGN MILITARY FINANCING PROGRAM 8
155155 For an additional amount for ‘‘Foreign Military Fi-9
156156 nancing Program’’, $7,100,000,000, to remain available 10
157157 until September 30, 2025: Provided, That of the total 11
158158 amount provided under this heading in this Act, 12
159159 $3,500,000,000 shall be for assistance for Israel and for 13
160160 related expenses: Provided further, That to the extent that 14
161161 the Government of Israel requests that funds be used for 15
162162 such purposes, grants made available for Israel under this 16
163163 heading in this Act shall, as agreed by the United States 17
164164 and Israel, be available for advanced weapons systems, of 18
165165 which up to $769,300,000 may be available for the pro-19
166166 curement in Israel of defense articles and defense services: 20
167167 Provided further, That the limitation in the preceding pro-21
168168 viso may be exceeded, if agreed by the United States and 22
169169 Israel, following consultation with the Committees on Ap-23
170170 propriations: Provided further, That any congressional no-24
171171 tification requirement applicable to funds made available 25
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175175 under this heading in this Act for Israel may be waived 1
176176 if the Secretary of State determines that to do so is in 2
177177 the national security interest of the United States: Pro-3
178178 vided further, That of the total amount provided under 4
179179 this heading in this Act, $2,000,000,000 shall be for as-5
180180 sistance for the Indo-Pacific region and for related ex-6
181181 penses: Provided further, That of the total amount pro-7
182182 vided under this heading in this Act, $1,600,000,000 shall 8
183183 be for assistance for Ukraine and countries impacted by 9
184184 the situation in Ukraine and for related expenses: Pro-10
185185 vided further, That amounts made available under this 11
186186 heading in this Act and unobligated balances of amounts 12
187187 made available under this heading in Acts making appro-13
188188 priations for the Department of State, foreign operations, 14
189189 and related programs for fiscal year 2024 and prior fiscal 15
190190 years shall be available for the cost of loans and loan guar-16
191191 antees as authorized by section 2606 of the Ukraine Sup-17
192192 plemental Appropriations Act, 2022 (division N of Public 18
193193 Law 117–103), subject to the terms and conditions pro-19
194194 vided in such section, or as otherwise authorized by law: 20
195195 Provided further, That loan guarantees made using 21
196196 amounts described in the preceding proviso for loans fi-22
197197 nanced by the Federal Financing Bank may be provided 23
198198 notwithstanding any provision of law limiting the percent-24
199199 age of loan principal that may be guaranteed: Provided 25
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203203 further, That up to $5,000,000 of funds made available 1
204204 under this heading in this Act, in addition to funds other-2
205205 wise available for such purposes, may be used by the De-3
206206 partment of State for necessary expenses for the general 4
207207 costs of administering military assistance and sales, in-5
208208 cluding management and oversight of such programs and 6
209209 activities: Provided further, That such amount is des-7
210210 ignated by the Congress as being for an emergency re-8
211211 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-9
212212 anced Budget and Emergency Deficit Control Act of 1985. 10
213213 GENERAL PROVISIONS—THIS TITLE 11
214214 (INCLUDING TRANSFERS OF FUNDS) 12
215215 S
216216 EC. 601. During fiscal year 2024, up to 13
217217 $250,000,000 of funds deposited in the Consular and Bor-14
218218 der Security Programs account in any fiscal year that are 15
219219 available for obligation may be transferred to, and merged 16
220220 with, funds appropriated by any Act making appropria-17
221221 tions for the Department of State, foreign operations, and 18
222222 related programs under the headings ‘‘Diplomatic Pro-19
223223 grams’’ (including for Worldwide Security Protection) and 20
224224 ‘‘Emergencies in the Diplomatic and Consular Service’’ for 21
225225 emergency evacuations or to prevent or respond to security 22
226226 situations and related requirements: Provided, That such 23
227227 transfer authority is in addition to any other transfer au-24
228228 thority provided by law, and any such transfers are subject 25
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232232 to prior consultation with, and the regular notification 1
233233 procedures of, the Committees on Appropriations. 2
234234 S
235235 EC. 602. During fiscal year 2024, section 506(a)(1) 3
236236 of the Foreign Assistance Act of 1961 (22 U.S.C. 4
237237 2318(a)(1)) shall be applied by substituting 5
238238 ‘‘$7,800,000,000’’ for ‘‘$100,000,000’’. 6
239239 S
240240 EC. 603. During fiscal year 2024, section 7
241241 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 8
242242 U.S.C. 2318(a)(2)(B)) shall be applied by substituting 9
243243 ‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the matter pre-10
244244 ceding clause (i), and by substituting ‘‘$150,000,000’’ for 11
245245 ‘‘$75,000,000’’ in clause (i). 12
246246 S
247247 EC. 604. During fiscal year 2024, section 552(c)(2) 13
248248 of the Foreign Assistance Act of 1961 (22 U.S.C. 14
249249 2348a(c)(2)) shall be applied by substituting 15
250250 ‘‘$50,000,000’’ for ‘‘$25,000,000’’. 16
251251 S
252252 EC. 605. Section 12001 of the Department of De-17
253253 fense Appropriations Act, 2005 (Public Law 108–287) is 18
254254 amended as follows: 19
255255 (1) In paragraph (2) of subsection (a), by strik-20
256256 ing ‘‘armor’’ and all that follows through the end of 21
257257 the paragraph and inserting ‘‘defense articles that 22
258258 are in the inventory of the Department of Defense 23
259259 as of the date of transfer, are intended for use as 24
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263263 reserve stocks for Israel, and are located in a stock-1
264264 pile for Israel as of the date of transfer’’. 2
265265 (2) In subsection (b), by striking ‘‘at least 3
266266 equal to the fair market value of the items trans-4
267267 ferred’’ and inserting ‘‘in an amount to be deter-5
268268 mined by the Secretary of Defense’’. 6
269269 (3) In subsection (c), by inserting before the 7
270270 comma in the first sentence the following: ‘‘, or as 8
271271 far in advance of such transfer as is practicable as 9
272272 determined by the President on a case-by-case basis 10
273273 during extraordinary circumstances impacting the 11
274274 national security of the United States’’. 12
275275 S
276276 EC. 606. For fiscal year 2024, section 514(b) of the 13
277277 Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)) 14
278278 shall not apply to defense articles to be set aside, ear-15
279279 marked, reserved, or intended for use as reserve stocks 16
280280 in stockpiles in the State of Israel. 17
281281 S
282282 EC. 607. Unobligated balances from amounts appro-18
283283 priated in prior Acts under the heading ‘‘Multilateral As-19
284284 sistance—International Financial Institutions—Contribu-20
285285 tions to the International Monetary Fund Facilities and 21
286286 Trust Funds’’ shall be available to cover the cost, as de-22
287287 fined in section 502 of the Congressional Budget Act of 23
288288 1974 (2 U.S.C. 661a), of loans made by the Secretary of 24
289289 the Treasury only to the Poverty Reduction and Growth 25
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293293 Trust of the International Monetary Fund, following con-1
294294 sultation with the appropriate congressional committees: 2
295295 Provided, That such funds shall be available to subsidize 3
296296 gross obligations for the principal amount of direct loans 4
297297 not to exceed $21,000,000,000 in the aggregate, and the 5
298298 Secretary of the Treasury is authorized to make such 6
299299 loans. 7
300300 S
301301 EC. 608. Section 17(a)(6) of the Bretton Woods 8
302302 Agreements Act (22 U.S.C. 286e–2(a)(6)) is amended by 9
303303 striking ‘‘December 31, 2025’’ and inserting ‘‘December 10
304304 31, 2030’’. 11
305305 S
306306 EC. 609. (a) Funds appropriated by this Act under 12
307307 the headings ‘‘International Disaster Assistance’’ and 13
308308 ‘‘Migration and Refugee Assistance’’ may be transferred 14
309309 to, and merged with, funds appropriated by this Act under 15
310310 such headings. 16
311311 (b) Funds appropriated by this Act under the head-17
312312 ings ‘‘Economic Support Fund’’ to respond to the situa-18
313313 tion in Ukraine and in countries impacted by the situation 19
314314 in Ukraine may be transferred to, and merged with, funds 20
315315 made available under the headings ‘‘United States Inter-21
316316 national Development Finance Corporation—Corporate 22
317317 Capital Account’’, ‘‘United States International Develop-23
318318 ment Finance Corporation—Program Account’’, ‘‘Export- 24
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322322 Import Bank of the United States—Program Account’’, 1
323323 and ‘‘Trade and Development Agency’’ for such purpose. 2
324324 (c) The transfer authorities provided by this section 3
325325 are in addition to any other transfer authority provided 4
326326 by law, and are subject to prior consultation with, and 5
327327 the regular notification procedures of, the Committees on 6
328328 Appropriations. 7
329329 (d) Upon a determination that all or part of the funds 8
330330 transferred pursuant to the authorities provided by this 9
331331 section are not necessary for such purposes, such amounts 10
332332 may be transferred back to such appropriations. 11
333333 S
334334 EC. 610. Section 1705 of the Additional Ukraine 12
335335 Supplemental Appropriations Act, 2023 (division M of 13
336336 Public Law 117–328) shall apply to funds appropriated 14
337337 by this Act under the heading ‘‘Economic Support Fund’’ 15
338338 for assistance for Ukraine. 16
339339 S
340340 EC. 611. None of the funds appropriated or other-17
341341 wise made available by this title in this Act may be made 18
342342 available for assistance for the Governments of the Rus-19
343343 sian Federation or Belarus, including entities owned or 20
344344 controlled by such Governments. 21
345345 S
346346 EC. 612. (a) Section 2606 of the Ukraine Supple-22
347347 mental Appropriations Act, 2022 (division N of Public 23
348348 Law 117–103) is amended as follows: 24
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352352 (1) in subsection (a), by striking ‘‘and North 1
353353 Atlantic Treaty Organization (NATO) allies’’ and in-2
354354 serting ‘‘, North Atlantic Treaty Organization 3
355355 (NATO) allies, major non-NATO allies, and the 4
356356 Indo-Pacific region’’; by striking ‘‘$4,000,000,000’’ 5
357357 and inserting ‘‘$8,000,000,000’’; and by striking ‘‘, 6
358358 except that such rate may not be less than the pre-7
359359 vailing interest rate on marketable Treasury securi-8
360360 ties of similar maturity’’; and 9
361361 (2) in subsection (b), by striking ‘‘and NATO 10
362362 allies’’ and inserting ‘‘, NATO allies, major non- 11
363363 NATO allies, and the Indo-Pacific region’’; by strik-12
364364 ing ‘‘$4,000,000,000’’ and inserting 13
365365 ‘‘$8,000,000,000’’; and by inserting at the end of 14
366366 the second proviso ‘‘except for guarantees of loans 15
367367 by the Federal Financing Bank’’. 16
368368 (b) Funds made available for the costs of direct loans 17
369369 and loan guarantees for major non-NATO allies and the 18
370370 Indo-Pacific region pursuant to section 2606 of division 19
371371 N of Public Law 117–103, as amended by subsection (a), 20
372372 may only be made available from funds appropriated by 21
373373 this Act under the heading ‘‘Foreign Military Financing 22
374374 Program’’ and available balances from under such heading 23
375375 in prior Acts making appropriations for the Department 24
376376 of State, foreign operations, and related programs: Pro-25
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380380 vided, That such funds may only be made available if the 1
381381 Secretary of State certifies and reports to the appropriate 2
382382 congressional committees, not less than 15 days prior to 3
383383 the obligation of such funds, that such direct loan or loan 4
384384 guarantee is in the national security interest of the United 5
385385 States, is being provided in response to exigent cir-6
386386 cumstances, is addressing a mutually agreed upon emer-7
387387 gency requirement of the recipient country, and the recipi-8
388388 ent country has a plan to repay such loan: Provided fur-9
389389 ther, That not less than 60 days after the date of enact-10
390390 ment of this Act, the Secretary of State shall consult with 11
391391 such committees on the implementation of this subsection. 12
392392 (c) Amounts repurposed pursuant to this section that 13
393393 were previously designated by the Congress as an emer-14
394394 gency requirement pursuant to a concurrent resolution on 15
395395 the Budget are designated as an emergency requirement 16
396396 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-17
397397 et and Emergency Deficit Control Act of 1985. 18
398398 S
399399 EC. 613. Funds appropriated under the headings 19
400400 ‘‘Economic Support Fund’’ in this title in this Act may 20
401401 be made available as contributions, following consultation 21
402402 with the Committees on Appropriations. 22
403403 S
404404 EC. 614. None of the funds appropriated or other-23
405405 wise made available by this Act and prior Acts making 24
406406 appropriations for the Department of State, foreign oper-25
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410410 ations, and related programs may be made available for 1
411411 a contribution, grant, or other payment to the United Na-2
412412 tions Relief and Works Agency, notwithstanding any other 3
413413 provision of law. 4
414414 S
415415 EC. 615. (a) CERTIFICATION.—The Secretary of 5
416416 State shall certify and report to the appropriate congres-6
417417 sional committees not later than March 1, 2024, that— 7
418418 (1) oversight policies, processes, and procedures 8
419419 have been established by the Department of State 9
420420 and the United States Agency for International De-10
421421 velopment, as appropriate, and are in use to prevent 11
422422 the diversion, misuse, or destruction of assistance, 12
423423 including through international organizations, to 13
424424 Hamas and other terrorist and extremist entities in 14
425425 Gaza; and 15
426426 (2) such policies, processes, and procedures 16
427427 have been developed in coordination with other bilat-17
428428 eral and multilateral donors and the Government of 18
429429 Israel, as appropriate. 19
430430 (b) O
431431 VERSIGHTPOLICY ANDPROCEDURES.—The 20
432432 Secretary of State and the USAID Administrator shall 21
433433 submit to the appropriate congressional committees, con-22
434434 current with the submission of the certification required 23
435435 in subsection (a), a written description of the oversight 24
436436 policies, processes, and procedures for funds appropriated 25
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440440 by this title that are made available for assistance for 1
441441 Gaza, including specific actions to be taken should such 2
442442 assistance be diverted, misused, or destroyed, and the role 3
443443 of Israel in the oversight of such assistance. 4
444444 (c) R
445445 EQUIREMENT TOINFORM.—The Secretary of 5
446446 State and USAID Administrator shall promptly inform 6
447447 the appropriate congressional committees of each instance 7
448448 in which funds appropriated by this title that are made 8
449449 available for assistance for Gaza have been diverted, mis-9
450450 used, or destroyed, to include the type of assistance, a de-10
451451 scription of the incident and parties involved, and an ex-11
452452 planation of the response of the Department of State or 12
453453 USAID, as appropriate. 13
454454 (d) T
455455 HIRD-PARTYMONITORING.—Funds appro-14
456456 priated by this title shall be made available for third-party 15
457457 monitoring of assistance for Gaza, including end use moni-16
458458 toring, following consultation with the appropriate con-17
459459 gressional committees. 18
460460 (e) O
461461 FFICES OFINSPECTORSGENERAL.— 19
462462 (1) D
463463 EPARTMENT OF STATE .—Of the funds ap-20
464464 propriated by this title under the heading ‘‘Office of 21
465465 Inspector General’’ for the Department of State, 22
466466 $7,000,000 shall be made available for the oversight 23
467467 and monitoring of assistance made available for 24
468468 Gaza by this title and in prior Acts making appro-25
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471471 •HR 7493 IH
472472 priations for the Department of State, foreign oper-1
473473 ations, and related programs. 2
474474 (2) U
475475 NITED STATES AGENCY FOR INTER -3
476476 NATIONAL DEVELOPMENT .—Of the funds appro-4
477477 priated by this title under the heading ‘‘Office of In-5
478478 spector General’’ for USAID, $3,000,000 shall be 6
479479 made available for the oversight and monitoring of 7
480480 assistance made available for Gaza by this title and 8
481481 in prior Acts making appropriations for the Depart-9
482482 ment of State, foreign operations, and related pro-10
483483 grams. 11
484484 (f) R
485485 EPORT.—Not later than 90 days after the initial 12
486486 obligation of funds appropriated by this title that are 13
487487 made available for assistance for Gaza, and every 90 days 14
488488 thereafter until all such funds are expended, the Secretary 15
489489 of State and the USAID Administrator shall jointly sub-16
490490 mit to the appropriate congressional committees a report 17
491491 detailing the amount and purpose of such assistance pro-18
492492 vided during each respective quarter, including a descrip-19
493493 tion of the specific entity implementing such assistance. 20
494494 (g) A
495495 SSESSMENT.—Not later than 90 days after the 21
496496 date of enactment of this Act and every 90 days thereafter 22
497497 until September 30, 2025, the Secretary of State, in con-23
498498 sultation with the Director of National Intelligence and 24
499499 other heads of elements of the intelligence community that 25
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503503 the Secretary considers relevant, shall submit to the ap-1
504504 propriate congressional committees a report assessing 2
505505 whether funds appropriated by this title and made avail-3
506506 able for assistance for the West Bank and Gaza have been 4
507507 diverted by Hamas or other terrorist and extremist enti-5
508508 ties in the West Bank and Gaza: Provided, That such re-6
509509 port shall include details on the amount and how such 7
510510 funds were made available and used by such entities: Pro-8
511511 vided further, That such report may be submitted in classi-9
512512 fied form, if necessary. 10
513513 (h) C
514514 ONSULTATION.—Not later than 30 days after 11
515515 the date of enactment of this Act but prior to the initial 12
516516 obligation of funds made available by this title for humani-13
517517 tarian assistance for Gaza, the Secretary of State and 14
518518 USAID Administrator, as appropriate, shall consult with 15
519519 the Committees on Appropriations on the amount and an-16
520520 ticipated uses of such funds. 17
521521 S
522522 EC. 616. Prior to the initial obligation of funds 18
523523 made available in this title in this Act, the Secretary of 19
524524 State, USAID Administrator, and the Secretary of the 20
525525 Treasury, as appropriate, shall submit to the Committees 21
526526 on Appropriations— 22
527527 (1) spend plans, as defined in section 23
528528 7034(s)(4) of the Department of State, Foreign Op-24
529529 erations, and Related Programs Appropriations Act, 25
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533533 2023 (division K of Public Law 117–328), at the 1
534534 country, account, and program level, for funds ap-2
535535 propriated by this Act under the headings ‘‘Eco-3
536536 nomic Support Fund’’, ‘‘Nonproliferation, Anti-ter-4
537537 rorism, Demining and Related Programs’’, ‘‘Peace-5
538538 keeping Operations’’, and ‘‘Foreign Military Financ-6
539539 ing Program’’: Provided, That plans submitted pur-7
540540 suant to this paragraph shall include for each pro-8
541541 gram notified—(A) total funding made available for 9
542542 such program, by account and fiscal year; (B) fund-10
543543 ing that remains unobligated for such program from 11
544544 prior year base or supplemental appropriations; (C) 12
545545 funding that is obligated but unexpended for such 13
546546 program; and (D) funding committed, but not yet 14
547547 notified for such program; and 15
548548 (2) operating plans, as defined in section 7062 16
549549 of the Department of State, Foreign Operations, and 17
550550 Related Programs Appropriations Act, 2023 (divi-18
551551 sion K of Public Law 117–328), for funds appro-19
552552 priated by this title under the headings ‘‘Diplomatic 20
553553 Programs’’ and ‘‘Operating Expenses’’. 21
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557557 TITLE II 1
558558 DEPARTMENT OF HOMELAND SECURITY 2
559559 PROTECTION, PREPAREDNESS, RESPONSE, AND 3
560560 RECOVERY 4
561561 F
562562 EDERALEMERGENCYMANAGEMENTAGENCY 5
563563 OPERATIONS AND SUPPORT 6
564564 For an additional amount for ‘‘Federal Emergency 7
565565 Management Agency—Operations and Support’’, 8
566566 $10,000,000, to remain available until September 30, 9
567567 2027, for necessary expenses related to the administration 10
568568 of nonprofit security grants: Provided, That such amount 11
569569 is designated by the Congress as being for an emergency 12
570570 requirement pursuant to section 251(b)(2)(A)(i) of the 13
571571 Balanced Budget and Emergency Deficit Control Act of 14
572572 1985. 15
573573 FEDERAL ASSISTANCE 16
574574 For an additional amount for ‘‘Federal Emergency 17
575575 Management Agency—Federal Assistance’’, 18
576576 $390,000,000, of which $160,000,000 shall remain avail-19
577577 able until September 30, 2024, and $230,000,000 shall 20
578578 remain available until September 30, 2026, for Nonprofit 21
579579 Security Grant Program under section 2009 of the Home-22
580580 land Security Act of 2002 (6 U.S.C. 609a) for eligible 23
581581 nonprofit organizations to prevent, prepare for, protect 24
582582 against, and respond to acts of terrorism or other threats: 25
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586586 Provided, That the Administrator of the Federal Emer-1
587587 gency Management Agency shall make programmatic ad-2
588588 justments as necessary to expedite the disbursement of, 3
589589 and provide flexibility in the use of, amounts made avail-4
590590 able under this heading in this Act: Provided further, That 5
591591 notwithstanding any provision of 6 U.S.C. 609a, and in 6
592592 addition to amounts available under 6 U.S.C. 609a(c)(2), 7
593593 the Administrator of the Federal Emergency Management 8
594594 Agency may permit a State to use up to two percent of 9
595595 a grant awarded under this heading in this Act to provide 10
596596 outreach and technical assistance to eligible nonprofit or-11
597597 ganizations to assist them with applying for Nonprofit Se-12
598598 curity Grant Program awards under this heading in this 13
599599 Act: Provided further, That such outreach and technical 14
600600 assistance should prioritize rural and underserved commu-15
601601 nities and nonprofit organizations that are traditionally 16
602602 underrepresented in the Program: Provided further, That 17
603603 such amount is designated by the Congress as being for 18
604604 an emergency requirement pursuant to section 19
605605 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20
606606 Deficit Control Act of 1985. 21
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610610 TITLE III 1
611611 GENERAL PROVISIONS—THIS ACT 2
612612 S
613613 EC. 301. Each amount appropriated or made avail-3
614614 able by this Act is in addition to amounts otherwise appro-4
615615 priated for the fiscal year involved. 5
616616 S
617617 EC. 302. No part of any appropriation contained in 6
618618 this Act shall remain available for obligation beyond the 7
619619 current fiscal year unless expressly so provided herein. 8
620620 S
621621 EC. 303. Unless otherwise provided for by this Act, 9
622622 the additional amounts appropriated by this Act to appro-10
623623 priations accounts shall be available under the authorities 11
624624 and conditions applicable to such appropriations accounts 12
625625 for fiscal year 2024. 13
626626 S
627627 EC. 304. Not later than 45 days after the date of 14
628628 enactment of this Act, the Secretary of State and the Sec-15
629629 retary of Defense, in consultation with the heads of other 16
630630 relevant Federal agencies, as appropriate, shall submit to 17
631631 the Committees on Appropriations, Armed Services, and 18
632632 Foreign Relations of the Senate and the Committees on 19
633633 Appropriations, Armed Services, and Foreign Affairs of 20
634634 the House of Representatives a strategy regarding United 21
635635 States support for Ukraine against aggression by the Rus-22
636636 sian Federation: Provided, That such strategy shall be 23
637637 multi-year, establish specific and achievable objectives, de-24
638638 fine and prioritize United States national security inter-25
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642642 ests, and include the metrics to be used to measure 1
643643 progress in achieving such objectives: Provided further, 2
644644 That such strategy shall include an estimate, on a fiscal 3
645645 year-by-fiscal year basis, of the resources required by the 4
646646 United States to achieve such objectives, including to help 5
647647 hasten Ukrainian victory against Russia’s invasion forces 6
648648 in a manner most favorable to United States interests and 7
649649 objectives, and a description of the national security impli-8
650650 cations for the United States if those objectives are not 9
651651 met: Provided further, That such strategy shall describe 10
652652 how each specific aspect of U.S. assistance, including de-11
653653 fense articles and U.S. foreign assistance, is intended at 12
654654 the tactical, operational, and strategic level to help 13
655655 Ukraine end the conflict as a democratic, independent, 14
656656 and sovereign country capable of deterring and defending 15
657657 its territory against future aggression: Provided further, 16
658658 That such strategy shall include a classified independent 17
659659 assessment from the Commander, U.S. European Com-18
660660 mand, describing any specific defense articles and services 19
661661 not yet provided to Ukraine that would result in meaning-20
662662 ful battlefield gains in alignment with the strategy: Pro-21
663663 vided further, That such strategy shall include a classified 22
664664 assessment from the Chairman of the Joint Chiefs of Staff 23
665665 that the provision of specific defense articles and services 24
666666 provided to Ukraine does not pose significant risk to the 25
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670670 defense capabilities of the United States military: Provided 1
671671 further, That the Under Secretary of Defense for Acquisi-2
672672 tion & Sustainment in coordination with the Director, Cost 3
673673 Assessment and Program Evaluation provide an assess-4
674674 ment of the executability and a production schedule for 5
675675 any specific defense articles recommended by the Com-6
676676 mander, U.S. European Command that require procure-7
677677 ment: Provided further, That such strategy shall include 8
678678 information on support to the Government of the Russian 9
679679 Federation from the Islamic Republic of Iran, the People’s 10
680680 Republic of China, and the Democratic People’s Republic 11
681681 of Korea, related to the Russian campaign in Ukraine, and 12
682682 its impact on such strategy: Provided further, That such 13
683683 strategy shall be updated not less than quarterly, as ap-14
684684 propriate, until September 30, 2025, and such updates 15
685685 shall be submitted to such committees: Provided further, 16
686686 That unless otherwise specified by this section, such strat-17
687687 egy shall be submitted in unclassified form but may in-18
688688 clude a classified annex. 19
689689 S
690690 EC. 305. (a) Not later than 45 days after the date 20
691691 of enactment of this Act, the Secretary of State, in con-21
692692 sultation with the heads of other relevant Federal agen-22
693693 cies, as appropriate, shall brief the appropriate congres-23
694694 sional committees, in classified form, if necessary, on the 24
695695 status and welfare of hostages being held in Gaza. 25
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699699 (b) For purposes of this section, the term ‘‘appro-1
700700 priate congressional committees’’ means the following: 2
701701 (1) The Committees on Appropriations, Armed 3
702702 Services, and Foreign Relations of the Senate. 4
703703 (2) The Select Committee on Intelligence of the 5
704704 Senate. 6
705705 (3) The Committees on Appropriations, Armed 7
706706 Services, and Foreign Affairs of the House of Rep-8
707707 resentatives. 9
708708 (4) The Permanent Select Committee on Intel-10
709709 ligence of the House of Representatives. 11
710710 Æ
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