Us Congress 2023-2024 Regular Session

Us Congress House Bill HB8036 Latest Draft

Bill / Introduced Version Filed 04/18/2024

                            I 
118THCONGRESS 
2
DSESSION H. R. 8036 
Making emergency supplemental appropriations for assistance for the Indo- 
Pacific region and for related expenses for the fiscal year ending Sep-
tember 30, 2024, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL17, 2024 
Mr. C
OLE(for himself, Mr. CALVERT, and Mr. DIAZ-BALART) introduced the 
following bill; which was referred to the Committee on Appropriations, 
and in addition to the Committee on the Budget, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
Making emergency supplemental appropriations for assist-
ance for the Indo-Pacific region and for related expenses 
for the fiscal year ending September 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, NAVY 4
For an additional amount for ‘‘Operation and Main-5
tenance, Navy’’, $557,758,000, to remain available until 6
September 30, 2024, to support improvements to the sub-7
marine industrial base and for related expenses: Provided, 8
That such amount is designated by the Congress as being 9
for an emergency requirement pursuant to section 10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 11
Deficit Control Act of 1985. 12
O
PERATION ANDMAINTENANCE, DEFENSE-WIDE 13
(INCLUDING TRANSFERS OF FUNDS) 14
For an additional amount for ‘‘Operation and Main-15
tenance, Defense-Wide’’, $1,900,000,000, to remain avail-16
able until September 30, 2025, to respond to the situation 17
in Taiwan and for related expenses: Provided, That such 18
funds may be transferred to accounts under the headings 19
‘‘Operation and Maintenance’’, ‘‘Procurement’’, and ‘‘Re-20
volving and Management Funds’’ for replacement, 21
through new procurement or repair of existing unservice-22
able equipment, of defense articles from the stocks of the 23
Department of Defense, and for reimbursement for de-24
fense services of the Department of Defense and military 25
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education and training, provided to Taiwan or identified 1
and notified to Congress for provision to Taiwan or to for-2
eign countries that have provided support to Taiwan at 3
the request of the United States: Provided further, That 4
funds transferred pursuant to the preceding proviso shall 5
be merged with and available for the same purposes and 6
for the same time period as the appropriations to which 7
the funds are transferred: Provided further, That the Sec-8
retary of Defense shall notify the congressional defense 9
committees of the details of such transfers not less than 10
15 days before any such transfer: Provided further, That 11
upon a determination that all or part of the funds trans-12
ferred from this appropriation are not necessary for the 13
purposes provided herein, such amounts may be trans-14
ferred back and merged with this appropriation: Provided 15
further, That any transfer authority provided herein is in 16
addition to any other transfer authority provided by law: 17
Provided further, That such amount is designated by the 18
Congress as being for an emergency requirement pursuant 19
to section 251(b)(2)(A)(i) of the Balanced Budget and 20
Emergency Deficit Control Act of 1985. 21
PROCUREMENT 22
S
HIPBUILDING ANDCONVERSION, NAVY 23
For an additional amount for ‘‘Shipbuilding and Con-24
version, Navy’’, $2,155,000,000, to remain available until 25
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September 30, 2028, to support improvements to the sub-1
marine industrial base and for related expenses: Provided, 2
That of the total amount provided under this heading in 3
this Act, funds shall be available as follows: 4
Columbia Class Submarine (AP), 5
$1,955,000,000; and 6
Virginia Class Submarine (AP), $200,000,000: 7
Provided further, That such amount is designated by the 8
Congress as being for an emergency requirement pursuant 9
to section 251(b)(2)(A)(i) of the Balanced Budget and 10
Emergency Deficit Control Act of 1985. 11
O
THERPROCUREMENT, NAVY 12
For an additional amount for ‘‘Other Procurement, 13
Navy’’, $293,570,000, to remain available until September 14
30, 2026, to support improvements to the submarine in-15
dustrial base and for related expenses: Provided, That 16
such amount is designated by the Congress as being for 17
an emergency requirement pursuant to section 18
251(b)(2)(A)(i) of the Balanced Budget and Emergency 19
Deficit Control Act of 1985. 20
D
EFENSEPRODUCTIONACTPURCHASES 21
For an additional amount for ‘‘Defense Production 22
Act Purchases’’, $132,600,000, to remain available until 23
expended, for activities by the Department of Defense pur-24
suant to sections 108, 301, 302, and 303 of the Defense 25
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Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 1
4533): Provided, That such amounts shall be obligated 2
and expended by the Secretary of Defense as if delegated 3
the necessary authorities conferred by the Defense Pro-4
duction Act of 1950: Provided further, That such amount 5
is designated by the Congress as being for an emergency 6
requirement pursuant to section 251(b)(2)(A)(i) of the 7
Balanced Budget and Emergency Deficit Control Act of 8
1985. 9
RESEARCH, DEVELOPMENT, TEST AND 10
EVALUATION 11
R
ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 12
N
AVY 13
For an additional amount for ‘‘Research, Develop-14
ment, Test and Evaluation, Navy’’, $7,000,000, to remain 15
available until September 30, 2025, to support improve-16
ments to the submarine industrial base and for related ex-17
penses: Provided, That such amount is designated by the 18
Congress as being for an emergency requirement pursuant 19
to section 251(b)(2)(A)(i) of the Balanced Budget and 20
Emergency Deficit Control Act of 1985. 21
GENERAL PROVISIONS—THIS TITLE 22
S
EC. 101. For an additional amount for the Depart-23
ment of Defense, $542,400,000, to remain available until 24
September 30, 2024, for transfer to operation and mainte-25
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nance accounts, procurement accounts, and research, de-1
velopment, test and evaluation accounts, in addition to 2
amounts otherwise made available for such purpose, only 3
for unfunded priorities of the United States Indo-Pacific 4
Command for fiscal year 2024 (as submitted to Congress 5
pursuant to section 1105 of title 31, United States Code): 6
Provided, That none of the funds provided under this sec-7
tion may be obligated or expended until 30 days after the 8
Secretary of Defense, through the Under Secretary of De-9
fense (Comptroller), provides the Committees on Appro-10
priations of the House of Representatives and the Senate 11
a detailed execution plan for such funds: Provided further, 12
That not less than 15 days prior to any transfer of funds, 13
the Secretary of Defense shall notify the congressional de-14
fense committees of the details of any such transfer: Pro-15
vided further, That upon transfer, the funds shall be 16
merged with and available for the same purposes, and for 17
the same time period, as the appropriation to which trans-18
ferred: Provided further, That any transfer authority pro-19
vided herein is in addition to any other transfer authority 20
provided by law: Provided further, That such amount is 21
designated by the Congress as being for an emergency re-22
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-23
anced Budget and Emergency Deficit Control Act of 1985. 24
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TITLE II 1
DEPARTMENT OF DEFENSE 2
M
ILITARYCONSTRUCTION, NAVY ANDMARINECORPS 3
For an additional amount for ‘‘Military Construction, 4
Navy and Marine Corps’’, $281,914,000, to remain avail-5
able until September 30, 2028, to support improvements 6
to the submarine industrial base and for related expenses: 7
Provided, That not later than 60 days after the date of 8
enactment of this Act, the Secretary of the Navy, or their 9
designee, shall submit to the Committees on Appropria-10
tions of the House of Representatives and the Senate an 11
expenditure plan for funds provided under this heading 12
in this Act: Provided further, That such funds may be obli-13
gated or expended for planning and design and military 14
construction projects not otherwise authorized by law: 15
Provided further, That such amount is designated by the 16
Congress as being for an emergency requirement pursuant 17
to section 251(b)(2)(A)(i) of the Balanced Budget and 18
Emergency Deficit Control Act of 1985. 19
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TITLE III 1
DEPARTMENT OF STATE AND RELATED 2
AGENCY 3
INTERNATIONAL SECURITY ASSISTANCE 4
F
UNDSAPPROPRIATED TO THE PRESIDENT 5
FOREIGN MILITARY FINANCING PROGRAM 6
For an additional amount for ‘‘Foreign Military Fi-7
nancing Program’’, $2,000,000,000, to remain available 8
until September 30, 2025, for assistance for the Indo-Pa-9
cific region and for related expenses: Provided, That 10
amounts made available under this heading in this Act and 11
unobligated balances of amounts made available under 12
this heading in Acts making appropriations for the De-13
partment of State, foreign operations, and related pro-14
grams for fiscal year 2024 and prior fiscal years shall be 15
available for the cost of loans and loan guarantees as au-16
thorized by section 2606 of the Ukraine Supplemental Ap-17
propriations Act, 2022 (division N of Public Law 117– 18
103), subject to the terms and conditions provided in such 19
section, or as otherwise authorized by law: Provided fur-20
ther, That loan guarantees made using amounts described 21
in the preceding proviso for loans financed by the Federal 22
Financing Bank may be provided notwithstanding any 23
provision of law limiting the percentage of loan principal 24
that may be guaranteed: Provided further, That up to 25
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$5,000,000 of funds made available under this heading in 1
this Act, in addition to funds otherwise available for such 2
purposes, may be used by the Department of State for 3
necessary expenses for the general costs of administering 4
military assistance and sales, including management and 5
oversight of such programs and activities: Provided fur-6
ther, That such amount is designated by the Congress as 7
being for an emergency requirement pursuant to section 8
251(b)(2)(A)(i) of the Balanced Budget and Emergency 9
Deficit Control Act of 1985. 10
INTERNATIONAL ASSISTANCE PROGRAMS 11
M
ULTILATERALASSISTANCE 12
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 13
ASSOCIATION 14
For an additional amount for ‘‘Contribution to the 15
International Development Association’’, $250,000,000, to 16
remain available until expended, which shall be made 17
available for a contribution to the International Develop-18
ment Association Special Program to Enhance Crisis Re-19
sponse Window: Provided, That such amount is designated 20
by the Congress as being for an emergency requirement 21
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-22
et and Emergency Deficit Control Act of 1985. 23
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GENERAL PROVISIONS—THIS TITLE 1
(INCLUDING TRANSFERS OF FUNDS) 2
S
EC. 301. During fiscal year 2024, section 506(a)(1) 3
of the Foreign Assistance Act of 1961 (22 U.S.C. 4
2318(a)(1)) shall be applied by substituting 5
‘‘$7,800,000,000’’ for ‘‘$100,000,000’’. 6
S
EC. 302. During fiscal year 2024, section 7
506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 8
U.S.C. 2318(a)(2)(B)) shall be applied by substituting 9
‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the matter pre-10
ceding clause (i), and by substituting ‘‘$150,000,000’’ for 11
‘‘$75,000,000’’ in clause (i). 12
S
EC. 303. During fiscal year 2024, section 552(c)(2) 13
of the Foreign Assistance Act of 1961 (22 U.S.C. 14
2348a(c)(2)) shall be applied by substituting 15
‘‘$50,000,000’’ for ‘‘$25,000,000’’. 16
S
EC. 304. (a) Section 2606 of the Ukraine Supple-17
mental Appropriations Act, 2022 (division N of Public 18
Law 117–103) is amended as follows: 19
(1) in subsection (a), by striking ‘‘and North Atlantic 20
Treaty Organization (NATO) allies’’ and inserting ‘‘, 21
North Atlantic Treaty Organization (NATO) allies, major 22
non-NATO allies, and the Indo-Pacific region’’; by strik-23
ing ‘‘$4,000,000,000’’ and inserting ‘‘$8,000,000,000’’; 24
and by striking ‘‘, except that such rate may not be less 25
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than the prevailing interest rate on marketable Treasury 1
securities of similar maturity’’. 2
(2) in subsection (b), by striking ‘‘and NATO allies’’ 3
and inserting ‘‘, NATO allies, major non-NATO allies, and 4
the Indo-Pacific region’’; by striking ‘‘$4,000,000,000’’ 5
and inserting ‘‘$8,000,000,000’’; and by inserting at the 6
end of the second proviso ‘‘except for guarantees of loans 7
by the Federal Financing Bank’’. 8
(b) Funds made available for the costs of direct loans 9
and loan guarantees for major non-NATO allies and the 10
Indo-Pacific region pursuant to section 2606 of division 11
N of Public Law 117–103, as amended by subsection (a), 12
may only be made available from funds appropriated by 13
this Act under the heading ‘‘Foreign Military Financing 14
Program’’ and available balances from under such heading 15
in prior Acts making appropriations for the Department 16
of State, foreign operations, and related programs: Pro-17
vided, That such funds may only be made available if the 18
Secretary of State certifies and reports to the appropriate 19
congressional committees, not less than 15 days prior to 20
the obligation of such funds, that such direct loan or loan 21
guarantee is in the national security interest of the United 22
States, is being provided in response to exigent cir-23
cumstances, is addressing a mutually agreed upon emer-24
gency requirement of the recipient country, and the recipi-25
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ent country has a plan to repay such loan: Provided fur-1
ther, That not less than 60 days after the date of enact-2
ment of this Act, the Secretary of State shall consult with 3
such committees on the implementation of this subsection. 4
(c) Amounts repurposed pursuant to this section that 5
were previously designated by the Congress as an emer-6
gency requirement pursuant to a concurrent resolution on 7
the Budget are designated as an emergency requirement 8
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-9
et and Emergency Deficit Control Act of 1985. 10
S
EC. 305. Prior to the initial obligation of funds 11
made available in this title in this Act, but not later than 12
15 days after the date of enactment of this Act, the Sec-13
retary of State and the Secretary of the Treasury, as ap-14
propriate, shall submit to the Committees on Appropria-15
tions spend plans, as defined in section 7034(s)(4) of the 16
Department of State, Foreign Operations, and Related 17
Programs Appropriations Act, 2023 (division K of Public 18
Law 117–328), at the country, account, and program 19
level, for funds appropriated by this Act under the head-20
ings ‘‘Foreign Military Financing Program’’ and ‘‘Con-21
tribution to the International Development Association’’: 22
Provided, That plans submitted pursuant to this para-23
graph shall include for each program notified—(A) total 24
funding made available for such program, by account and 25
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fiscal year; (B) funding that remains unobligated for such 1
program from prior year base or supplemental appropria-2
tions; (C) funding that is obligated but unexpended for 3
such program; and (D) funding committed, but not yet 4
notified for such program. 5
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TITLE IV 1
GENERAL PROVISIONS—THIS ACT 2
S
EC. 401. Each amount appropriated or made avail-3
able by this Act is in addition to amounts otherwise appro-4
priated for the fiscal year involved. 5
S
EC. 402. No part of any appropriation contained in 6
this Act shall remain available for obligation beyond the 7
current fiscal year unless expressly so provided herein. 8
S
EC. 403. Unless otherwise provided for by this Act, 9
the additional amounts appropriated by this Act to appro-10
priations accounts shall be available under the authorities 11
and conditions applicable to such appropriations accounts 12
for fiscal year 2024. 13
S
EC. 404. Funds appropriated by this Act for foreign 14
assistance (including foreign military sales), for the De-15
partment of State, for broadcasting subject to supervision 16
of United States Agency for Global Media, and for intel-17
ligence or intelligence related activities are deemed to be 18
specifically authorized by the Congress for the purposes 19
of section 10 of Public Law 91–672 (22 U.S.C. 2412), 20
section 15 of the State Department Basic Authorities Act 21
of 1956 (22 U.S.C. 2680), section 313 of the Foreign Re-22
lations Authorization Act, Fiscal Years 1994 and 1995 23
(22 U.S.C. 6212), and section 504(a)(1) of the National 24
Security Act of 1947 (50 U.S.C. 3094(a)(1)). 25
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SEC. 405. Each amount designated in this Act by the 1
Congress as being for an emergency requirement pursuant 2
to section 251(b)(2)(A)(i) of the Balanced Budget and 3
Emergency Deficit Control Act of 1985 shall be available 4
(or repurposed or rescinded, if applicable) only if the 5
President subsequently so designates all such amounts 6
and transmits such designations to the Congress. 7
S
EC. 406. Any amount appropriated by this Act, des-8
ignated by the Congress as an emergency requirement 9
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-10
et and Emergency Deficit Control Act of 1985, and subse-11
quently so designated by the President, and transferred 12
pursuant to transfer authorities provided by this Act shall 13
retain such designation. 14
SPENDING REDUCTION ACCOUNT 15
S
EC. 407. $0. 16
This Act may be cited as the ‘‘Indo-Pacific Security 17
Supplemental Appropriations Act, 2024’’. 18
Æ 
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