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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 8036 IH $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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 12 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 13 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 14 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS 15 •HR 8036 IH 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 VerDate Sep 11 2014 00:26 Apr 18, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6301 E:\BILLS\H8036.IH H8036 ssavage on LAPJG3WLY3PROD with BILLS