Us Congress 2023-2024 Regular Session

Us Congress House Bill HB8036 Compare Versions

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11 I
22 118THCONGRESS
33 2
44 DSESSION H. R. 8036
55 Making emergency supplemental appropriations for assistance for the Indo-
66 Pacific region and for related expenses for the fiscal year ending Sep-
77 tember 30, 2024, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 APRIL17, 2024
1010 Mr. C
1111 OLE(for himself, Mr. CALVERT, and Mr. DIAZ-BALART) introduced the
1212 following bill; which was referred to the Committee on Appropriations,
1313 and in addition to the Committee on the Budget, for a period to be subse-
1414 quently determined by the Speaker, in each case for consideration of such
1515 provisions as fall within the jurisdiction of the committee concerned
1616 A BILL
1717 Making emergency supplemental appropriations for assist-
1818 ance for the Indo-Pacific region and for related expenses
1919 for the fiscal year ending September 30, 2024, and for
2020 other purposes.
2121 Be it enacted by the Senate and House of Representa-1
2222 tives of the United States of America in Congress assembled, 2
2323 That the following sums are appropriated, out of any 3
2424 money in the Treasury not otherwise appropriated, for the 4
2525 fiscal year ending September 30, 2024, and for other pur-5
2626 poses, namely: 6
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3030 TITLE I 1
3131 DEPARTMENT OF DEFENSE 2
3232 OPERATION AND MAINTENANCE 3
3333 O
3434 PERATION ANDMAINTENANCE, NAVY 4
3535 For an additional amount for ‘‘Operation and Main-5
3636 tenance, Navy’’, $557,758,000, to remain available until 6
3737 September 30, 2024, to support improvements to the sub-7
3838 marine industrial base and for related expenses: Provided, 8
3939 That such amount is designated by the Congress as being 9
4040 for an emergency requirement pursuant to section 10
4141 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
4242 Deficit Control Act of 1985. 12
4343 O
4444 PERATION ANDMAINTENANCE, DEFENSE-WIDE 13
4545 (INCLUDING TRANSFERS OF FUNDS) 14
4646 For an additional amount for ‘‘Operation and Main-15
4747 tenance, Defense-Wide’’, $1,900,000,000, to remain avail-16
4848 able until September 30, 2025, to respond to the situation 17
4949 in Taiwan and for related expenses: Provided, That such 18
5050 funds may be transferred to accounts under the headings 19
5151 ‘‘Operation and Maintenance’’, ‘‘Procurement’’, and ‘‘Re-20
5252 volving and Management Funds’’ for replacement, 21
5353 through new procurement or repair of existing unservice-22
5454 able equipment, of defense articles from the stocks of the 23
5555 Department of Defense, and for reimbursement for de-24
5656 fense services of the Department of Defense and military 25
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6060 education and training, provided to Taiwan or identified 1
6161 and notified to Congress for provision to Taiwan or to for-2
6262 eign countries that have provided support to Taiwan at 3
6363 the request of the United States: Provided further, That 4
6464 funds transferred pursuant to the preceding proviso shall 5
6565 be merged with and available for the same purposes and 6
6666 for the same time period as the appropriations to which 7
6767 the funds are transferred: Provided further, That the Sec-8
6868 retary of Defense shall notify the congressional defense 9
6969 committees of the details of such transfers not less than 10
7070 15 days before any such transfer: Provided further, That 11
7171 upon a determination that all or part of the funds trans-12
7272 ferred from this appropriation are not necessary for the 13
7373 purposes provided herein, such amounts may be trans-14
7474 ferred back and merged with this appropriation: Provided 15
7575 further, That any transfer authority provided herein is in 16
7676 addition to any other transfer authority provided by law: 17
7777 Provided further, That such amount is designated by the 18
7878 Congress as being for an emergency requirement pursuant 19
7979 to section 251(b)(2)(A)(i) of the Balanced Budget and 20
8080 Emergency Deficit Control Act of 1985. 21
8181 PROCUREMENT 22
8282 S
8383 HIPBUILDING ANDCONVERSION, NAVY 23
8484 For an additional amount for ‘‘Shipbuilding and Con-24
8585 version, Navy’’, $2,155,000,000, to remain available until 25
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8989 September 30, 2028, to support improvements to the sub-1
9090 marine industrial base and for related expenses: Provided, 2
9191 That of the total amount provided under this heading in 3
9292 this Act, funds shall be available as follows: 4
9393 Columbia Class Submarine (AP), 5
9494 $1,955,000,000; and 6
9595 Virginia Class Submarine (AP), $200,000,000: 7
9696 Provided further, That such amount is designated by the 8
9797 Congress as being for an emergency requirement pursuant 9
9898 to section 251(b)(2)(A)(i) of the Balanced Budget and 10
9999 Emergency Deficit Control Act of 1985. 11
100100 O
101101 THERPROCUREMENT, NAVY 12
102102 For an additional amount for ‘‘Other Procurement, 13
103103 Navy’’, $293,570,000, to remain available until September 14
104104 30, 2026, to support improvements to the submarine in-15
105105 dustrial base and for related expenses: Provided, That 16
106106 such amount is designated by the Congress as being for 17
107107 an emergency requirement pursuant to section 18
108108 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19
109109 Deficit Control Act of 1985. 20
110110 D
111111 EFENSEPRODUCTIONACTPURCHASES 21
112112 For an additional amount for ‘‘Defense Production 22
113113 Act Purchases’’, $132,600,000, to remain available until 23
114114 expended, for activities by the Department of Defense pur-24
115115 suant to sections 108, 301, 302, and 303 of the Defense 25
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119119 Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 1
120120 4533): Provided, That such amounts shall be obligated 2
121121 and expended by the Secretary of Defense as if delegated 3
122122 the necessary authorities conferred by the Defense Pro-4
123123 duction Act of 1950: Provided further, That such amount 5
124124 is designated by the Congress as being for an emergency 6
125125 requirement pursuant to section 251(b)(2)(A)(i) of the 7
126126 Balanced Budget and Emergency Deficit Control Act of 8
127127 1985. 9
128128 RESEARCH, DEVELOPMENT, TEST AND 10
129129 EVALUATION 11
130130 R
131131 ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 12
132132 N
133133 AVY 13
134134 For an additional amount for ‘‘Research, Develop-14
135135 ment, Test and Evaluation, Navy’’, $7,000,000, to remain 15
136136 available until September 30, 2025, to support improve-16
137137 ments to the submarine industrial base and for related ex-17
138138 penses: Provided, That such amount is designated by the 18
139139 Congress as being for an emergency requirement pursuant 19
140140 to section 251(b)(2)(A)(i) of the Balanced Budget and 20
141141 Emergency Deficit Control Act of 1985. 21
142142 GENERAL PROVISIONS—THIS TITLE 22
143143 S
144144 EC. 101. For an additional amount for the Depart-23
145145 ment of Defense, $542,400,000, to remain available until 24
146146 September 30, 2024, for transfer to operation and mainte-25
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150150 nance accounts, procurement accounts, and research, de-1
151151 velopment, test and evaluation accounts, in addition to 2
152152 amounts otherwise made available for such purpose, only 3
153153 for unfunded priorities of the United States Indo-Pacific 4
154154 Command for fiscal year 2024 (as submitted to Congress 5
155155 pursuant to section 1105 of title 31, United States Code): 6
156156 Provided, That none of the funds provided under this sec-7
157157 tion may be obligated or expended until 30 days after the 8
158158 Secretary of Defense, through the Under Secretary of De-9
159159 fense (Comptroller), provides the Committees on Appro-10
160160 priations of the House of Representatives and the Senate 11
161161 a detailed execution plan for such funds: Provided further, 12
162162 That not less than 15 days prior to any transfer of funds, 13
163163 the Secretary of Defense shall notify the congressional de-14
164164 fense committees of the details of any such transfer: Pro-15
165165 vided further, That upon transfer, the funds shall be 16
166166 merged with and available for the same purposes, and for 17
167167 the same time period, as the appropriation to which trans-18
168168 ferred: Provided further, That any transfer authority pro-19
169169 vided herein is in addition to any other transfer authority 20
170170 provided by law: Provided further, That such amount is 21
171171 designated by the Congress as being for an emergency re-22
172172 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-23
173173 anced Budget and Emergency Deficit Control Act of 1985. 24
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177177 TITLE II 1
178178 DEPARTMENT OF DEFENSE 2
179179 M
180180 ILITARYCONSTRUCTION, NAVY ANDMARINECORPS 3
181181 For an additional amount for ‘‘Military Construction, 4
182182 Navy and Marine Corps’’, $281,914,000, to remain avail-5
183183 able until September 30, 2028, to support improvements 6
184184 to the submarine industrial base and for related expenses: 7
185185 Provided, That not later than 60 days after the date of 8
186186 enactment of this Act, the Secretary of the Navy, or their 9
187187 designee, shall submit to the Committees on Appropria-10
188188 tions of the House of Representatives and the Senate an 11
189189 expenditure plan for funds provided under this heading 12
190190 in this Act: Provided further, That such funds may be obli-13
191191 gated or expended for planning and design and military 14
192192 construction projects not otherwise authorized by law: 15
193193 Provided further, That such amount is designated by the 16
194194 Congress as being for an emergency requirement pursuant 17
195195 to section 251(b)(2)(A)(i) of the Balanced Budget and 18
196196 Emergency Deficit Control Act of 1985. 19
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200200 TITLE III 1
201201 DEPARTMENT OF STATE AND RELATED 2
202202 AGENCY 3
203203 INTERNATIONAL SECURITY ASSISTANCE 4
204204 F
205205 UNDSAPPROPRIATED TO THE PRESIDENT 5
206206 FOREIGN MILITARY FINANCING PROGRAM 6
207207 For an additional amount for ‘‘Foreign Military Fi-7
208208 nancing Program’’, $2,000,000,000, to remain available 8
209209 until September 30, 2025, for assistance for the Indo-Pa-9
210210 cific region and for related expenses: Provided, That 10
211211 amounts made available under this heading in this Act and 11
212212 unobligated balances of amounts made available under 12
213213 this heading in Acts making appropriations for the De-13
214214 partment of State, foreign operations, and related pro-14
215215 grams for fiscal year 2024 and prior fiscal years shall be 15
216216 available for the cost of loans and loan guarantees as au-16
217217 thorized by section 2606 of the Ukraine Supplemental Ap-17
218218 propriations Act, 2022 (division N of Public Law 117– 18
219219 103), subject to the terms and conditions provided in such 19
220220 section, or as otherwise authorized by law: Provided fur-20
221221 ther, That loan guarantees made using amounts described 21
222222 in the preceding proviso for loans financed by the Federal 22
223223 Financing Bank may be provided notwithstanding any 23
224224 provision of law limiting the percentage of loan principal 24
225225 that may be guaranteed: Provided further, That up to 25
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229229 $5,000,000 of funds made available under this heading in 1
230230 this Act, in addition to funds otherwise available for such 2
231231 purposes, may be used by the Department of State for 3
232232 necessary expenses for the general costs of administering 4
233233 military assistance and sales, including management and 5
234234 oversight of such programs and activities: Provided fur-6
235235 ther, That such amount is designated by the Congress as 7
236236 being for an emergency requirement pursuant to section 8
237237 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9
238238 Deficit Control Act of 1985. 10
239239 INTERNATIONAL ASSISTANCE PROGRAMS 11
240240 M
241241 ULTILATERALASSISTANCE 12
242242 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 13
243243 ASSOCIATION 14
244244 For an additional amount for ‘‘Contribution to the 15
245245 International Development Association’’, $250,000,000, to 16
246246 remain available until expended, which shall be made 17
247247 available for a contribution to the International Develop-18
248248 ment Association Special Program to Enhance Crisis Re-19
249249 sponse Window: Provided, That such amount is designated 20
250250 by the Congress as being for an emergency requirement 21
251251 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-22
252252 et and Emergency Deficit Control Act of 1985. 23
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256256 GENERAL PROVISIONS—THIS TITLE 1
257257 (INCLUDING TRANSFERS OF FUNDS) 2
258258 S
259259 EC. 301. During fiscal year 2024, section 506(a)(1) 3
260260 of the Foreign Assistance Act of 1961 (22 U.S.C. 4
261261 2318(a)(1)) shall be applied by substituting 5
262262 ‘‘$7,800,000,000’’ for ‘‘$100,000,000’’. 6
263263 S
264264 EC. 302. During fiscal year 2024, section 7
265265 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 8
266266 U.S.C. 2318(a)(2)(B)) shall be applied by substituting 9
267267 ‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the matter pre-10
268268 ceding clause (i), and by substituting ‘‘$150,000,000’’ for 11
269269 ‘‘$75,000,000’’ in clause (i). 12
270270 S
271271 EC. 303. During fiscal year 2024, section 552(c)(2) 13
272272 of the Foreign Assistance Act of 1961 (22 U.S.C. 14
273273 2348a(c)(2)) shall be applied by substituting 15
274274 ‘‘$50,000,000’’ for ‘‘$25,000,000’’. 16
275275 S
276276 EC. 304. (a) Section 2606 of the Ukraine Supple-17
277277 mental Appropriations Act, 2022 (division N of Public 18
278278 Law 117–103) is amended as follows: 19
279279 (1) in subsection (a), by striking ‘‘and North Atlantic 20
280280 Treaty Organization (NATO) allies’’ and inserting ‘‘, 21
281281 North Atlantic Treaty Organization (NATO) allies, major 22
282282 non-NATO allies, and the Indo-Pacific region’’; by strik-23
283283 ing ‘‘$4,000,000,000’’ and inserting ‘‘$8,000,000,000’’; 24
284284 and by striking ‘‘, except that such rate may not be less 25
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288288 than the prevailing interest rate on marketable Treasury 1
289289 securities of similar maturity’’. 2
290290 (2) in subsection (b), by striking ‘‘and NATO allies’’ 3
291291 and inserting ‘‘, NATO allies, major non-NATO allies, and 4
292292 the Indo-Pacific region’’; by striking ‘‘$4,000,000,000’’ 5
293293 and inserting ‘‘$8,000,000,000’’; and by inserting at the 6
294294 end of the second proviso ‘‘except for guarantees of loans 7
295295 by the Federal Financing Bank’’. 8
296296 (b) Funds made available for the costs of direct loans 9
297297 and loan guarantees for major non-NATO allies and the 10
298298 Indo-Pacific region pursuant to section 2606 of division 11
299299 N of Public Law 117–103, as amended by subsection (a), 12
300300 may only be made available from funds appropriated by 13
301301 this Act under the heading ‘‘Foreign Military Financing 14
302302 Program’’ and available balances from under such heading 15
303303 in prior Acts making appropriations for the Department 16
304304 of State, foreign operations, and related programs: Pro-17
305305 vided, That such funds may only be made available if the 18
306306 Secretary of State certifies and reports to the appropriate 19
307307 congressional committees, not less than 15 days prior to 20
308308 the obligation of such funds, that such direct loan or loan 21
309309 guarantee is in the national security interest of the United 22
310310 States, is being provided in response to exigent cir-23
311311 cumstances, is addressing a mutually agreed upon emer-24
312312 gency requirement of the recipient country, and the recipi-25
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316316 ent country has a plan to repay such loan: Provided fur-1
317317 ther, That not less than 60 days after the date of enact-2
318318 ment of this Act, the Secretary of State shall consult with 3
319319 such committees on the implementation of this subsection. 4
320320 (c) Amounts repurposed pursuant to this section that 5
321321 were previously designated by the Congress as an emer-6
322322 gency requirement pursuant to a concurrent resolution on 7
323323 the Budget are designated as an emergency requirement 8
324324 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-9
325325 et and Emergency Deficit Control Act of 1985. 10
326326 S
327327 EC. 305. Prior to the initial obligation of funds 11
328328 made available in this title in this Act, but not later than 12
329329 15 days after the date of enactment of this Act, the Sec-13
330330 retary of State and the Secretary of the Treasury, as ap-14
331331 propriate, shall submit to the Committees on Appropria-15
332332 tions spend plans, as defined in section 7034(s)(4) of the 16
333333 Department of State, Foreign Operations, and Related 17
334334 Programs Appropriations Act, 2023 (division K of Public 18
335335 Law 117–328), at the country, account, and program 19
336336 level, for funds appropriated by this Act under the head-20
337337 ings ‘‘Foreign Military Financing Program’’ and ‘‘Con-21
338338 tribution to the International Development Association’’: 22
339339 Provided, That plans submitted pursuant to this para-23
340340 graph shall include for each program notified—(A) total 24
341341 funding made available for such program, by account and 25
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345345 fiscal year; (B) funding that remains unobligated for such 1
346346 program from prior year base or supplemental appropria-2
347347 tions; (C) funding that is obligated but unexpended for 3
348348 such program; and (D) funding committed, but not yet 4
349349 notified for such program. 5
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353353 TITLE IV 1
354354 GENERAL PROVISIONS—THIS ACT 2
355355 S
356356 EC. 401. Each amount appropriated or made avail-3
357357 able by this Act is in addition to amounts otherwise appro-4
358358 priated for the fiscal year involved. 5
359359 S
360360 EC. 402. No part of any appropriation contained in 6
361361 this Act shall remain available for obligation beyond the 7
362362 current fiscal year unless expressly so provided herein. 8
363363 S
364364 EC. 403. Unless otherwise provided for by this Act, 9
365365 the additional amounts appropriated by this Act to appro-10
366366 priations accounts shall be available under the authorities 11
367367 and conditions applicable to such appropriations accounts 12
368368 for fiscal year 2024. 13
369369 S
370370 EC. 404. Funds appropriated by this Act for foreign 14
371371 assistance (including foreign military sales), for the De-15
372372 partment of State, for broadcasting subject to supervision 16
373373 of United States Agency for Global Media, and for intel-17
374374 ligence or intelligence related activities are deemed to be 18
375375 specifically authorized by the Congress for the purposes 19
376376 of section 10 of Public Law 91–672 (22 U.S.C. 2412), 20
377377 section 15 of the State Department Basic Authorities Act 21
378378 of 1956 (22 U.S.C. 2680), section 313 of the Foreign Re-22
379379 lations Authorization Act, Fiscal Years 1994 and 1995 23
380380 (22 U.S.C. 6212), and section 504(a)(1) of the National 24
381381 Security Act of 1947 (50 U.S.C. 3094(a)(1)). 25
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385385 SEC. 405. Each amount designated in this Act by the 1
386386 Congress as being for an emergency requirement pursuant 2
387387 to section 251(b)(2)(A)(i) of the Balanced Budget and 3
388388 Emergency Deficit Control Act of 1985 shall be available 4
389389 (or repurposed or rescinded, if applicable) only if the 5
390390 President subsequently so designates all such amounts 6
391391 and transmits such designations to the Congress. 7
392392 S
393393 EC. 406. Any amount appropriated by this Act, des-8
394394 ignated by the Congress as an emergency requirement 9
395395 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-10
396396 et and Emergency Deficit Control Act of 1985, and subse-11
397397 quently so designated by the President, and transferred 12
398398 pursuant to transfer authorities provided by this Act shall 13
399399 retain such designation. 14
400400 SPENDING REDUCTION ACCOUNT 15
401401 S
402402 EC. 407. $0. 16
403403 This Act may be cited as the ‘‘Indo-Pacific Security 17
404404 Supplemental Appropriations Act, 2024’’. 18
405405 Æ
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