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Us Congress House Bill HB815

Us Congress 2023-2024 Regular Session

Us Congress House Bill HB815 Compare Versions

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1-H. R. 815
2-One Hundred Eighteenth Congress
3-of the
4-United States of America
5-AT THE SECOND SESSION
6-Begun and held at the City of Washington on Wednesday,
7-the third day of January, two thousand and twenty-four
8-An Act
9-Making emergency supplemental appropriations for the fiscal year ending September
10-30, 2024, and for other purposes.
11-Be it enacted by the Senate and House of Representatives of
12-the United States of America in Congress assembled,
13-SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS.
14-(a) DIVISIONS.—This Act is organized into the following divi-
15-sions:
1+In the House of Representatives, U. S.,
2+April 20, 2024.
3+Resolved, That the House agree to the amendment of the
4+Senate to the bill (H.R. 815) entitled ‘‘An Act to amend title
5+38, United States Code, to make certain improvements relat-
6+ing to the eligibility of veterans to receive reimbursement for
7+emergency treatment furnished through the Veterans Com-
8+munity Care program, and for other purposes.’’, with the fol-
9+lowing
10+HOUSE AMENDMENT TO SENATE AMENDMENT:
11+In lieu of the matter proposed to be inserted by the
12+amendment of the Senate, insert the following:
13+SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS. 1
14+(a) D
15+IVISIONS.—This Act is organized into the fol-2
16+lowing divisions: 3
1617 (1) D
17-IVISION A.—Israel Security Supplemental Appropria-
18-tions Act, 2024.
18+IVISION A.—Israel Security Supplemental 4
19+Appropriations Act, 2024. 5
1920 (2) D
20-IVISION B.—Ukraine Security Supplemental Appropria-
21-tions Act, 2024.
21+IVISION B.—Ukraine Security Supple-6
22+mental Appropriations Act, 2024. 7
2223 (3) D
23-IVISION C.—Indo-Pacific Security Supplemental Appro-
24-priations Act, 2024.
24+IVISION C.—Indo-Pacific Security Supple-8
25+mental Appropriations Act, 2024. 9
2526 (4) D
26-IVISION D.—21st Century Peace through Strength Act.
27+IVISION D.—21st Century Peace through 10
28+Strength Act. 11
2729 (5) D
28-IVISION E.—FEND off Fentanyl Act.
29-(6) D
30-IVISION F.—Rebuilding Economic Prosperity and
31-Opportunity for Ukrainians Act.
30+IVISION E.—FEND off Fentanyl Act. 12 2
31+•HR 815 EAH
32+(6) DIVISION F.—Rebuilding Economic Pros-1
33+perity and Opportunity for Ukrainians Act. 2
3234 (7) D
33-IVISION G.—Other Matters.
35+IVISION G.—Other Matters. 3
3436 (8) D
35-IVISION H.—Protecting Americans from Foreign
36-Adversary Controlled Applications Act.
37+IVISION H.—Protecting Americans from 4
38+Foreign Adversary Controlled Applications Act. 5
3739 (9) D
38-IVISION I.—Protecting Americans’ Data from Foreign
39-Adversaries Act of 2024.
40+IVISION I.—Protecting Americans’ Data 6
41+from Foreign Adversaries Act of 2024. 7
4042 (10) D
41-IVISION J.—SHIP Act.
43+IVISION J.—SHIP Act. 8
4244 (11) D
43-IVISION K.—Fight CRIME Act.
45+IVISION K.—Fight CRIME Act. 9
4446 (12) D
45-IVISION L.—MAHSA Act.
47+IVISION L.—MAHSA Act. 10
4648 (13) D
47-IVISION M.—Hamas and Other Palestinian Terrorist
48-Groups International Financing Prevention Act.
49+IVISION M.—Hamas and Other Pales-11
50+tinian Terrorist Groups International Financing Pre-12
51+vention Act. 13
4952 (14) D
50-IVISION N.—No Technology for Terror Act.
53+IVISION N.—No Technology for Terror Act. 14
5154 (15) D
52-IVISION O.—Strengthening Tools to Counter the Use
53-of Human Shields Act.
55+IVISION O.—Strengthening Tools to 15
56+Counter the Use of Human Shields Act. 16
5457 (16) D
55-IVISION P.—Illicit Captagon Trafficking Suppression
56-Act.
58+IVISION P.—Illicit Captagon Trafficking 17
59+Suppression Act. 18
5760 (17) D
58-IVISION Q.—End Financing for Hamas and State
59-Sponsors of Terrorism Act.
61+IVISION Q.—End Financing for Hamas 19
62+and State Sponsors of Terrorism Act. 20
6063 (18) D
61-IVISION R.—Holding Iranian Leaders Accountable Act.
64+IVISION R.—Holding Iranian Leaders Ac-21
65+countable Act. 22
6266 (19) D
63-IVISION S.—Iran-China Energy Sanctions Act of 2023.
67+IVISION S.—Iran-China Energy Sanctions 23
68+Act of 2023. 24
6469 (20) D
65-IVISION T.—Budgetary Effects.
66-SEC. 2. REFERENCES.
67-Except as expressly provided otherwise, any reference to ‘‘this
68-Act’’ contained in any division of this Act shall be treated as
69-referring only to the provisions of that division. H. R. 815—2
70-DIVISION A—ISRAEL SECURITY SUP-
71-PLEMENTAL APPROPRIATIONS ACT,
72-2024
73-That the following sums are appropriated, out of any money
74-in the Treasury not otherwise appropriated, for the fiscal year
75-ending September 30, 2024, and for other purposes, namely:
76-TITLE I
77-DEPARTMENT OF DEFENSE
78-OPERATION AND MAINTENANCE
70+IVISION T.—Budgetary Effects. 25 3
71+•HR 815 EAH
72+SEC. 2. REFERENCES. 1
73+Except as expressly provided otherwise, any reference 2
74+to ‘‘this Act’’ contained in any division of this Act shall 3
75+be treated as referring only to the provisions of that divi-4
76+sion. 5
77+DIVISION A—ISRAEL SECURITY 6
78+SUPPLEMENTAL APPROPRIA-7
79+TIONS ACT, 2024 8
80+That the following sums are appropriated, out of any 9
81+money in the Treasury not otherwise appropriated, for the 10
82+fiscal year ending September 30, 2024, and for other pur-11
83+poses, namely: 12
84+TITLE I 13
85+DEPARTMENT OF DEFENSE 14
86+OPERATION AND MAINTENANCE 15
7987 O
80-PERATION AND MAINTENANCE, DEFENSE-WIDE
81-(INCLUDING TRANSFERS OF FUNDS)
82-For an additional amount for ‘‘Operation and Maintenance,
83-Defense-Wide’’, $4,400,000,000, to remain available until September
84-30, 2025, to respond to the situation in Israel: Provided, That
85-the amount provided under this heading in this division may be
86-transferred to accounts under the headings ‘‘Operation and Mainte-
87-nance’’, ‘‘Procurement’’, and ‘‘Revolving and Management Funds’’
88-for replacement, through new procurement or repair of existing
89-unserviceable equipment, of defense articles from the stocks of
90-the Department of Defense, and for reimbursement for defense
91-services of the Department of Defense and military education and
92-training, provided to the government of Israel or identified and
93-notified to Congress for provision to the government of Israel or
94-to foreign countries that have provided support to Israel at the
95-request of the United States: Provided further, That funds trans-
96-ferred pursuant to the preceding proviso shall be merged with
97-and available for the same purposes and for the same time period
98-as the appropriations to which the funds are transferred: Provided
99-further, That the Secretary of Defense shall notify the congressional
100-defense committees of the details of such transfers not less than
101-15 days before any such transfer: Provided further, That upon
102-a determination that all or part of the funds transferred from
103-this appropriation are not necessary for the purposes provided
104-herein, such amounts may be transferred back and merged with
105-this appropriation: Provided further, That any transfer authority
106-provided herein is in addition to any other transfer authority pro-
107-vided by law: Provided further, That such amount is designated
108-by the Congress as being for an emergency requirement pursuant
109-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
110-Deficit Control Act of 1985.
111-PROCUREMENT
88+PERATION ANDMAINTENANCE, DEFENSE-WIDE 16
89+(INCLUDING TRANSFERS OF FUNDS) 17
90+For an additional amount for ‘‘Operation and Mainte-18
91+nance, Defense-Wide’’, $4,400,000,000, to remain available 19
92+until September 30, 2025, to respond to the situation in 20
93+Israel: Provided, That the amount provided under this 21
94+heading in this division may be transferred to accounts 22
95+under the headings ‘‘Operation and Maintenance’’, ‘‘Pro-23
96+curement’’, and ‘‘Revolving and Management Funds’’ for 24
97+replacement, through new procurement or repair of existing 25
98+unserviceable equipment, of defense articles from the stocks 26 4
99+•HR 815 EAH
100+of the Department of Defense, and for reimbursement for 1
101+defense services of the Department of Defense and military 2
102+education and training, provided to the government of 3
103+Israel or identified and notified to Congress for provision 4
104+to the government of Israel or to foreign countries that have 5
105+provided support to Israel at the request of the United 6
106+States: Provided further, That funds transferred pursuant 7
107+to the preceding proviso shall be merged with and available 8
108+for the same purposes and for the same time period as the 9
109+appropriations to which the funds are transferred: Provided 10
110+further, That the Secretary of Defense shall notify the con-11
111+gressional defense committees of the details of such transfers 12
112+not less than 15 days before any such transfer: Provided 13
113+further, That upon a determination that all or part of the 14
114+funds transferred from this appropriation are not necessary 15
115+for the purposes provided herein, such amounts may be 16
116+transferred back and merged with this appropriation: Pro-17
117+vided further, That any transfer authority provided herein 18
118+is in addition to any other transfer authority provided by 19
119+law: Provided further, That such amount is designated by 20
120+the Congress as being for an emergency requirement pursu-21
121+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 22
122+Emergency Deficit Control Act of 1985. 23 5
123+•HR 815 EAH
124+PROCUREMENT 1
112125 P
113-ROCUREMENT OF AMMUNITION, ARMY
114-For an additional amount for ‘‘Procurement of Ammunition,
115-Army’’, $801,400,000, to remain available until September 30, 2026,
116-to respond to the situation in Israel: Provided, That such amount H. R. 815—3
117-is designated by the Congress as being for an emergency require-
118-ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
119-and Emergency Deficit Control Act of 1985.
126+ROCUREMENT OFAMMUNITION, ARMY 2
127+For an additional amount for ‘‘Procurement of Am-3
128+munition, Army’’, $801,400,000, to remain available until 4
129+September 30, 2026, to respond to the situation in Israel: 5
130+Provided, That such amount is designated by the Congress 6
131+as being for an emergency requirement pursuant to section 7
132+251(b)(2)(A)(i) of the Balanced Budget and Emergency 8
133+Deficit Control Act of 1985. 9
120134 P
121-ROCUREMENT , DEFENSE-WIDE
122-For an additional amount for ‘‘Procurement, Defense-Wide’’,
123-$5,200,000,000, to remain available until September 30, 2026, to
124-respond to the situation in Israel and for related expenses: Provided,
125-That of the total amount provided under this heading in this
126-division, $4,000,000,000 shall be for the Secretary of Defense to
127-provide to the Government of Israel for the procurement of the
128-Iron Dome and David’s Sling defense systems to counter short-
129-range rocket threats: Provided further, That of the total amount
130-provided under this heading in this division, $1,200,000,000 shall
131-be for the Secretary of Defense to provide to the Government
132-of Israel for the procurement of the Iron Beam defense system
133-to counter short-range rocket threats: Provided further, That funds
134-in the preceding provisos shall be transferred pursuant to an
135-exchange of letters and are in addition to funds provided pursuant
136-to the U.S.-Israel Iron Dome Procurement Agreement, as amended:
137-Provided further, That nothing under this heading in this division
138-shall be construed to apply to amounts made available in prior
139-appropriations Acts for the procurement of the Iron Dome and
140-David’s Sling defense systems or for the procurement of the Iron
141-Beam defense system: Provided further, That such amount is des-
142-ignated by the Congress as being for an emergency requirement
143-pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
144-Emergency Deficit Control Act of 1985.
135+ROCUREMENT, DEFENSE-WIDE 10
136+For an additional amount for ‘‘Procurement, Defense- 11
137+Wide’’, $5,200,000,000, to remain available until September 12
138+30, 2026, to respond to the situation in Israel and for re-13
139+lated expenses: Provided, That of the total amount provided 14
140+under this heading in this division, $4,000,000,000 shall 15
141+be for the Secretary of Defense to provide to the Government 16
142+of Israel for the procurement of the Iron Dome and David’s 17
143+Sling defense systems to counter short-range rocket threats: 18
144+Provided further, That of the total amount provided under 19
145+this heading in this division, $1,200,000,000 shall be for 20
146+the Secretary of Defense to provide to the Government of 21
147+Israel for the procurement of the Iron Beam defense system 22
148+to counter short-range rocket threats: Provided further, That 23
149+funds in the preceding provisos shall be transferred pursu-24
150+ant to an exchange of letters and are in addition to funds 25 6
151+•HR 815 EAH
152+provided pursuant to the U.S.-Israel Iron Dome Procure-1
153+ment Agreement, as amended: Provided further, That noth-2
154+ing under this heading in this division shall be construed 3
155+to apply to amounts made available in prior appropria-4
156+tions Acts for the procurement of the Iron Dome and Da-5
157+vid’s Sling defense systems or for the procurement of the 6
158+Iron Beam defense system: Provided further, That such 7
159+amount is designated by the Congress as being for an emer-8
160+gency requirement pursuant to section 251(b)(2)(A)(i) of 9
161+the Balanced Budget and Emergency Deficit Control Act 10
162+of 1985. 11
145163 D
146-EFENSEPRODUCTIONACTPURCHASES
147-For an additional amount for ‘‘Defense Production Act Pur-
148-chases’’, $198,600,000, to remain available until expended, for activi-
149-ties by the Department of Defense pursuant to sections 108, 301,
150-302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
151-4518, 4531, 4532, and 4533): Provided, That such amounts shall
152-be obligated and expended by the Secretary of Defense as if dele-
153-gated the necessary authorities conferred by the Defense Production
154-Act of 1950: Provided further, That such amount is designated
155-by the Congress as being for an emergency requirement pursuant
156-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
157-Deficit Control Act of 1985.
158-GENERAL PROVISIONS—THIS TITLE
159-(INCLUDING TRANSFERS OF FUNDS)
164+EFENSEPRODUCTIONACTPURCHASES 12
165+For an additional amount for ‘‘Defense Production Act 13
166+Purchases’’, $198,600,000, to remain available until ex-14
167+pended, for activities by the Department of Defense pursu-15
168+ant to sections 108, 301, 302, and 303 of the Defense Pro-16
169+duction Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 17
170+4533): Provided, That such amounts shall be obligated and 18
171+expended by the Secretary of Defense as if delegated the nec-19
172+essary authorities conferred by the Defense Production Act 20
173+of 1950: Provided further, That such amount is designated 21
174+by the Congress as being for an emergency requirement pur-22
175+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 23
176+Emergency Deficit Control Act of 1985. 24 7
177+•HR 815 EAH
178+GENERAL PROVISIONS—THIS TITLE 1
179+(INCLUDING TRANSFERS OF FUNDS) 2
160180 S
161-EC. 101. For an additional amount for the Department of
162-Defense, $2,440,000,000, to remain available until September 30,
163-2024, for transfer to military personnel accounts, operation and
164-maintenance accounts, procurement accounts, research, develop-
165-ment, test and evaluation accounts, and the Defense Working Cap-
166-ital Funds, in addition to amounts otherwise made available for
167-such purpose, only for U.S. operations, force protection, deterrence,
168-and the replacement of combat expenditures in the United States
169-Central Command region: Provided, That none of the funds provided
170-under this section may be obligated or expended until 30 days H. R. 815—4
171-after the Secretary of Defense provides to the congressional defense
172-committees an execution plan: Provided further, That not less than
173-15 days prior to any transfer of funds, the Secretary of Defense
174-shall notify the congressional defense committees of the details
175-of any such transfer: Provided further, That upon transfer, the
176-funds shall be merged with and available for the same purposes,
177-and for the same time period, as the appropriation to which trans-
178-ferred: Provided further, That any transfer authority provided
179-herein is in addition to any other transfer authority provided by
180-law: Provided further, That such amount is designated by the
181-Congress as being for an emergency requirement pursuant to section
182-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
183-trol Act of 1985.
184-TITLE II
185-DEPARTMENT OF HOMELAND SECURITY
186-PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
181+EC. 101. For an additional amount for the Depart-3
182+ment of Defense, $2,440,000,000, to remain available until 4
183+September 30, 2024, for transfer to military personnel ac-5
184+counts, operation and maintenance accounts, procurement 6
185+accounts, research, development, test and evaluation ac-7
186+counts, and the Defense Working Capital Funds, in addi-8
187+tion to amounts otherwise made available for such purpose, 9
188+only for U.S. operations, force protection, deterrence, and 10
189+the replacement of combat expenditures in the United States 11
190+Central Command region: Provided, That none of the funds 12
191+provided under this section may be obligated or expended 13
192+until 30 days after the Secretary of Defense provides to the 14
193+congressional defense committees an execution plan: Pro-15
194+vided further, That not less than 15 days prior to any 16
195+transfer of funds, the Secretary of Defense shall notify the 17
196+congressional defense committees of the details of any such 18
197+transfer: Provided further, That upon transfer, the funds 19
198+shall be merged with and available for the same purposes, 20
199+and for the same time period, as the appropriation to which 21
200+transferred: Provided further, That any transfer authority 22
201+provided herein is in addition to any other transfer author-23
202+ity provided by law: Provided further, That such amount 24
203+is designated by the Congress as being for an emergency 25 8
204+•HR 815 EAH
205+requirement pursuant to section 251(b)(2)(A)(i) of the Bal-1
206+anced Budget and Emergency Deficit Control Act of 1985. 2
207+TITLE II 3
208+DEPARTMENT OF HOMELAND SECURITY 4
209+PROTECTION, PREPAREDNESS, RESPONSE, AND 5
210+RECOVERY 6
187211 F
188-EDERALEMERGENCY MANAGEMENT AGENCY
189-OPERATIONS AND SUPPORT
190-For an additional amount for ‘‘Federal Emergency Management
191-Agency—Operations and Support’’, $10,000,000, to remain available
192-until September 30, 2027, for necessary expenses related to the
193-administration of nonprofit security grants: Provided, That such
194-amount is designated by the Congress as being for an emergency
195-requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
196-Budget and Emergency Deficit Control Act of 1985.
197-FEDERAL ASSISTANCE
198-For an additional amount for ‘‘Federal Emergency Management
199-Agency—Federal Assistance’’, $390,000,000, of which $160,000,000
200-shall remain available until September 30, 2025, and $230,000,000
201-shall remain available until September 30, 2026, for Nonprofit
202-Security Grant Program under section 2009 of the Homeland Secu-
203-rity Act of 2002 (6 U.S.C. 609a) for eligible nonprofit organizations
204-to prevent, prepare for, protect against, and respond to acts of
205-terrorism or other threats: Provided, That the Administrator of
206-the Federal Emergency Management Agency shall make pro-
207-grammatic adjustments as necessary to expedite the disbursement
208-of, and provide flexibility in the use of, amounts made available
209-under this heading in this division: Provided further, That notwith-
210-standing any provision of 6 U.S.C. 609a, and in addition to amounts
211-available under 6 U.S.C. 609a(c)(2), the Administrator of the Federal
212-Emergency Management Agency may permit a State to use up
213-to two percent of a grant awarded under this heading in this
214-division to provide outreach and technical assistance to eligible
215-nonprofit organizations to assist them with applying for Nonprofit
216-Security Grant Program awards under this heading in this division:
217-Provided further, That such outreach and technical assistance
218-should prioritize rural and underserved communities and nonprofit
219-organizations that are traditionally underrepresented in the Pro-
220-gram: Provided further, That such amount is designated by the H. R. 815—5
221-Congress as being for an emergency requirement pursuant to section
222-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
223-trol Act of 1985.
224-TITLE III
225-DEPARTMENT OF STATE AND RELATED AGENCY
226-DEPARTMENT OF STATE
212+EDERALEMERGENCYMANAGEMENTAGENCY 7
213+OPERATIONS AND SUPPORT 8
214+For an additional amount for ‘‘Federal Emergency 9
215+Management Agency—Operations and Support’’, 10
216+$10,000,000, to remain available until September 30, 2027, 11
217+for necessary expenses related to the administration of non-12
218+profit security grants: Provided, That such amount is des-13
219+ignated by the Congress as being for an emergency require-14
220+ment pursuant to section 251(b)(2)(A)(i) of the Balanced 15
221+Budget and Emergency Deficit Control Act of 1985. 16
222+FEDERAL ASSISTANCE 17
223+For an additional amount for ‘‘Federal Emergency 18
224+Management Agency—Federal Assistance’’, $390,000,000, 19
225+of which $160,000,000 shall remain available until Sep-20
226+tember 30, 2025, and $230,000,000 shall remain available 21
227+until September 30, 2026, for Nonprofit Security Grant 22
228+Program under section 2009 of the Homeland Security Act 23
229+of 2002 (6 U.S.C. 609a) for eligible nonprofit organizations 24
230+to prevent, prepare for, protect against, and respond to acts 25 9
231+•HR 815 EAH
232+of terrorism or other threats: Provided, That the Adminis-1
233+trator of the Federal Emergency Management Agency shall 2
234+make programmatic adjustments as necessary to expedite 3
235+the disbursement of, and provide flexibility in the use of, 4
236+amounts made available under this heading in this divi-5
237+sion: Provided further, That notwithstanding any provision 6
238+of 6 U.S.C. 609a, and in addition to amounts available 7
239+under 6 U.S.C. 609a(c)(2), the Administrator of the Federal 8
240+Emergency Management Agency may permit a State to use 9
241+up to two percent of a grant awarded under this heading 10
242+in this division to provide outreach and technical assistance 11
243+to eligible nonprofit organizations to assist them with ap-12
244+plying for Nonprofit Security Grant Program awards 13
245+under this heading in this division: Provided further, That 14
246+such outreach and technical assistance should prioritize 15
247+rural and underserved communities and nonprofit organi-16
248+zations that are traditionally underrepresented in the Pro-17
249+gram: Provided further, That such amount is designated by 18
250+the Congress as being for an emergency requirement pursu-19
251+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 20
252+Emergency Deficit Control Act of 1985. 21 10
253+•HR 815 EAH
254+TITLE III 1
255+DEPARTMENT OF STATE AND RELATED AGENCY 2
256+DEPARTMENT OF STATE 3
227257 A
228-DMINISTRATION OF FOREIGNAFFAIRS
229-DIPLOMATIC PROGRAMS
230-For an additional amount for ‘‘Diplomatic Programs’’,
231-$150,000,000, to remain available until September 30, 2025, to
232-respond to the situation in Israel and areas and countries impacted
233-by the situation in Israel: Provided, That of the total amount
234-provided under this heading in this division, $100,000,000, to
235-remain available until expended, shall be for Worldwide Security
236-Protection, including to respond to the situation in Israel and areas
237-impacted by the situation in Israel: Provided further, That such
238-amount is designated by the Congress as being for an emergency
239-requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
240-Budget and Emergency Deficit Control Act of 1985.
241-OFFICE OF INSPECTOR GENERAL
242-For an additional amount for ‘‘Office of Inspector General’’,
243-$4,000,000, to remain available until September 30, 2025: Provided,
244-That such amount is designated by the Congress as being for
245-an emergency requirement pursuant to section 251(b)(2)(A)(i) of
246-the Balanced Budget and Emergency Deficit Control Act of 1985.
247-EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
248-For an additional amount for ‘‘Emergencies in the Diplomatic
249-and Consular Service’’, $50,000,000, to remain available until
250-expended, to meet unforeseen emergencies arising in the Diplomatic
251-and Consular Service, as authorized: Provided, That such amount
252-is designated by the Congress as being for an emergency require-
253-ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
254-and Emergency Deficit Control Act of 1985.
255-UNITED STATES AGENCY FOR INTERNATIONAL
256-DEVELOPMENT
258+DMINISTRATION OFFOREIGNAFFAIRS 4
259+DIPLOMATIC PROGRAMS 5
260+For an additional amount for ‘‘Diplomatic Pro-6
261+grams’’, $150,000,000, to remain available until September 7
262+30, 2025, to respond to the situation in Israel and areas 8
263+and countries impacted by the situation in Israel: Provided, 9
264+That of the total amount provided under this heading in 10
265+this division, $100,000,000, to remain available until ex-11
266+pended, shall be for Worldwide Security Protection, includ-12
267+ing to respond to the situation in Israel and areas impacted 13
268+by the situation in Israel: Provided further, That such 14
269+amount is designated by the Congress as being for an emer-15
270+gency requirement pursuant to section 251(b)(2)(A)(i) of 16
271+the Balanced Budget and Emergency Deficit Control Act 17
272+of 1985. 18
273+OFFICE OF INSPECTOR GENERAL 19
274+For an additional amount for ‘‘Office of Inspector 20
275+General’’, $4,000,000, to remain available until September 21
276+30, 2025: Provided, That such amount is designated by the 22
277+Congress as being for an emergency requirement pursuant 23
278+to section 251(b)(2)(A)(i) of the Balanced Budget and 24
279+Emergency Deficit Control Act of 1985. 25 11
280+•HR 815 EAH
281+EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 1
282+SERVICE 2
283+For an additional amount for ‘‘Emergencies in the 3
284+Diplomatic and Consular Service’’, $50,000,000, to remain 4
285+available until expended, to meet unforeseen emergencies 5
286+arising in the Diplomatic and Consular Service, as author-6
287+ized: Provided, That such amount is designated by the Con-7
288+gress as being for an emergency requirement pursuant to 8
289+section 251(b)(2)(A)(i) of the Balanced Budget and Emer-9
290+gency Deficit Control Act of 1985. 10
291+UNITED STATES AGENCY FOR INTERNATIONAL 11
292+DEVELOPMENT 12
257293 F
258-UNDSAPPROPRIATED TO THE PRESIDENT
259-OFFICE OF INSPECTOR GENERAL
260-For an additional amount for ‘‘Office of Inspector General’’,
261-$3,000,000, to remain available until September 30, 2025: Provided,
262-That such amount is designated by the Congress as being for
263-an emergency requirement pursuant to section 251(b)(2)(A)(i) of
264-the Balanced Budget and Emergency Deficit Control Act of 1985. H. R. 815—6
265-BILATERAL ECONOMIC ASSISTANCE
294+UNDSAPPROPRIATED TO THE PRESIDENT 13
295+OFFICE OF INSPECTOR GENERAL 14
296+For an additional amount for ‘‘Office of Inspector 15
297+General’’, $3,000,000, to remain available until September 16
298+30, 2025: Provided, That such amount is designated by the 17
299+Congress as being for an emergency requirement pursuant 18
300+to section 251(b)(2)(A)(i) of the Balanced Budget and 19
301+Emergency Deficit Control Act of 1985. 20
302+BILATERAL ECONOMIC ASSISTANCE 21
266303 F
267-UNDSAPPROPRIATED TO THE PRESIDENT
268-INTERNATIONAL DISASTER ASSISTANCE
269-For an additional amount for ‘‘International Disaster Assist-
270-ance’’, $5,655,000,000, to remain available until expended, to
271-address humanitarian needs, including the provision of emergency
272-food and shelter, of vulnerable populations and communities: Pro-
273-vided, That such amount is designated by the Congress as being
274-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
275-of the Balanced Budget and Emergency Deficit Control Act of 1985.
304+UNDSAPPROPRIATED TO THE PRESIDENT 22
305+INTERNATIONAL DISASTER ASSISTANCE 23
306+For an additional amount for ‘‘International Disaster 24
307+Assistance’’, $5,655,000,000, to remain available until ex-25 12
308+•HR 815 EAH
309+pended, to address humanitarian needs, including the pro-1
310+vision of emergency food and shelter, of vulnerable popu-2
311+lations and communities: Provided, That such amount is 3
312+designated by the Congress as being for an emergency re-4
313+quirement pursuant to section 251(b)(2)(A)(i) of the Bal-5
314+anced Budget and Emergency Deficit Control Act of 1985. 6
276315 D
277-EPARTMENT OF STATE
278-MIGRATION AND REFUGEE ASSISTANCE
279-For an additional amount for ‘‘Migration and Refugee Assist-
280-ance’’, $3,495,000,000, to remain available until expended, to
281-address humanitarian needs of vulnerable populations and commu-
282-nities: Provided, That such amount is designated by the Congress
283-as being for an emergency requirement pursuant to section
284-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
285-trol Act of 1985.
286-INTERNATIONAL SECURITY ASSISTANCE
316+EPARTMENT OFSTATE 7
317+MIGRATION AND REFUGEE ASSISTANCE 8
318+For an additional amount for ‘‘Migration and Refugee 9
319+Assistance’’, $3,495,000,000, to remain available until ex-10
320+pended, to address humanitarian needs of vulnerable popu-11
321+lations and communities: Provided, That such amount is 12
322+designated by the Congress as being for an emergency re-13
323+quirement pursuant to section 251(b)(2)(A)(i) of the Bal-14
324+anced Budget and Emergency Deficit Control Act of 1985. 15
325+INTERNATIONAL SECURITY ASSISTANCE 16
287326 D
288-EPARTMENT OF STATE
289-INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
290-For an additional amount for ‘‘International Narcotics Control
291-and Law Enforcement’’, $75,000,000, to remain available until Sep-
292-tember 30, 2025, for assistance for the Middle East, following con-
293-sultation with the appropriate congressional committees, including
294-to enhance law enforcement capabilities, counter terrorism, combat
295-narcotics trafficking, and meet other critical partner requirements:
296-Provided, That such amount is designated by the Congress as
297-being for an emergency requirement pursuant to section
298-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
299-trol Act of 1985.
300-PEACEKEEPING OPERATIONS
301-For an additional amount for ‘‘Peacekeeping Operations’’,
302-$10,000,000, to remain available until September 30, 2025,
303-including for a United States contribution to the Multinational
304-Force and Observers mission in the Sinai to enhance force protection
305-capabilities: Provided, That such amount is designated by the Con-
306-gress as being for an emergency requirement pursuant to section
307-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
308-trol Act of 1985. H. R. 815—7
327+EPARTMENT OFSTATE 17
328+INTERNATIONAL NARCOTICS CONTROL AND LAW 18
329+ENFORCEMENT 19
330+For an additional amount for ‘‘International Nar-20
331+cotics Control and Law Enforcement’’, $75,000,000, to re-21
332+main available until September 30, 2025, for assistance for 22
333+the Middle East, following consultation with the appro-23
334+priate congressional committees, including to enhance law 24
335+enforcement capabilities, counter terrorism, combat nar-25 13
336+•HR 815 EAH
337+cotics trafficking, and meet other critical partner require-1
338+ments: Provided, That such amount is designated by the 2
339+Congress as being for an emergency requirement pursuant 3
340+to section 251(b)(2)(A)(i) of the Balanced Budget and 4
341+Emergency Deficit Control Act of 1985. 5
342+PEACEKEEPING OPERATIONS 6
343+For an additional amount for ‘‘Peacekeeping Oper-7
344+ations’’, $10,000,000, to remain available until September 8
345+30, 2025, including for a United States contribution to the 9
346+Multinational Force and Observers mission in the Sinai to 10
347+enhance force protection capabilities: Provided, That such 11
348+amount is designated by the Congress as being for an emer-12
349+gency requirement pursuant to section 251(b)(2)(A)(i) of 13
350+the Balanced Budget and Emergency Deficit Control Act 14
351+of 1985. 15
309352 F
310-UNDSAPPROPRIATED TO THE PRESIDENT
311-FOREIGN MILITARY FINANCING PROGRAM
312-For an additional amount for ‘‘Foreign Military Financing Pro-
313-gram’’, $3,500,000,000, to remain available until September 30,
314-2025, for assistance for Israel and for related expenses: Provided,
315-That to the extent that the Government of Israel requests that
316-funds be used for such purposes, grants made available for Israel
317-under this heading in this division shall, as agreed by the United
318-States and Israel, be available for advanced weapons systems, of
319-which up to $769,300,000 may be available for the procurement
320-in Israel of defense articles and defense services: Provided further,
321-That the limitation in the preceding proviso may be exceeded,
322-if agreed by the United States and Israel, following consultation
323-with the Committees on Appropriations: Provided further, That
324-any congressional notification requirement applicable to funds made
325-available under this heading in this division for Israel may be
326-waived if the Secretary of State determines that to do so is in
327-the national security interest of the United States: Provided further,
328-That up to $5,000,000 of funds made available under this heading
329-in this division, in addition to funds otherwise available for such
330-purposes, may be used by the Department of State for necessary
331-expenses for the general costs of administering military assistance
332-and sales, including management and oversight of such programs
333-and activities: Provided further, That such amount is designated
334-by the Congress as being for an emergency requirement pursuant
335-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
336-Deficit Control Act of 1985.
337-GENERAL PROVISIONS—THIS TITLE
338-(INCLUDING TRANSFERS OF FUNDS)
353+UNDSAPPROPRIATED TO THE PRESIDENT 16
354+FOREIGN MILITARY FINANCING PROGRAM 17
355+For an additional amount for ‘‘Foreign Military Fi-18
356+nancing Program’’, $3,500,000,000, to remain available 19
357+until September 30, 2025, for assistance for Israel and for 20
358+related expenses: Provided, That to the extent that the Gov-21
359+ernment of Israel requests that funds be used for such pur-22
360+poses, grants made available for Israel under this heading 23
361+in this division shall, as agreed by the United States and 24
362+Israel, be available for advanced weapons systems, of which 25 14
363+•HR 815 EAH
364+up to $769,300,000 may be available for the procurement 1
365+in Israel of defense articles and defense services: Provided 2
366+further, That the limitation in the preceding proviso may 3
367+be exceeded, if agreed by the United States and Israel, fol-4
368+lowing consultation with the Committees on Appropria-5
369+tions: Provided further, That any congressional notification 6
370+requirement applicable to funds made available under this 7
371+heading in this division for Israel may be waived if the 8
372+Secretary of State determines that to do so is in the na-9
373+tional security interest of the United States: Provided fur-10
374+ther, That up to $5,000,000 of funds made available under 11
375+this heading in this division, in addition to funds otherwise 12
376+available for such purposes, may be used by the Department 13
377+of State for necessary expenses for the general costs of ad-14
378+ministering military assistance and sales, including man-15
379+agement and oversight of such programs and activities: Pro-16
380+vided further, That such amount is designated by the Con-17
381+gress as being for an emergency requirement pursuant to 18
382+section 251(b)(2)(A)(i) of the Balanced Budget and Emer-19
383+gency Deficit Control Act of 1985. 20
384+GENERAL PROVISIONS—THIS TITLE 21
385+(INCLUDING TRANSFERS OF FUNDS) 22
339386 S
340-EC. 301. During fiscal year 2024, up to $250,000,000 of funds
341-deposited in the Consular and Border Security Programs account
342-in any fiscal year that are available for obligation may be trans-
343-ferred to, and merged with, funds appropriated by any Act making
344-appropriations for the Department of State, foreign operations, and
345-related programs under the headings ‘‘Diplomatic Programs’’
346-(including for Worldwide Security Protection) and ‘‘Emergencies
347-in the Diplomatic and Consular Service’’ for emergency evacuations
348-or to prevent or respond to security situations and related require-
349-ments: Provided, That such transfer authority is in addition to
350-any other transfer authority provided by law, and any such transfers
351-are subject to prior consultation with, and the regular notification
352-procedures of, the Committees on Appropriations.
387+EC. 301. During fiscal year 2024, up to $250,000,000 23
388+of funds deposited in the Consular and Border Security 24
389+Programs account in any fiscal year that are available for 25 15
390+•HR 815 EAH
391+obligation may be transferred to, and merged with, funds 1
392+appropriated by any Act making appropriations for the 2
393+Department of State, foreign operations, and related pro-3
394+grams under the headings ‘‘Diplomatic Programs’’ (includ-4
395+ing for Worldwide Security Protection) and ‘‘Emergencies 5
396+in the Diplomatic and Consular Service’’ for emergency 6
397+evacuations or to prevent or respond to security situations 7
398+and related requirements: Provided, That such transfer au-8
399+thority is in addition to any other transfer authority pro-9
400+vided by law, and any such transfers are subject to prior 10
401+consultation with, and the regular notification procedures 11
402+of, the Committees on Appropriations. 12
353403 S
354-EC. 302. During fiscal year 2024, section 506(a)(1) of the
355-Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be
356-applied by substituting ‘‘$7,800,000,000’’ for ‘‘$100,000,000’’.
404+EC. 302. During fiscal year 2024, section 506(a)(1) 13
405+of the Foreign Assistance Act of 1961 (22 U.S.C. 14
406+2318(a)(1)) shall be applied by substituting 15
407+‘‘$7,800,000,000’’ for ‘‘$100,000,000’’. 16
357408 S
358-EC. 303. During fiscal year 2024, section 506(a)(2)(B) of the
359-Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be
360-applied by substituting ‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the
361-matter preceding clause (i), and by substituting ‘‘$150,000,000’’
362-for ‘‘$75,000,000’’ in clause (i).
409+EC. 303. During fiscal year 2024, section 17
410+506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 18
411+U.S.C. 2318(a)(2)(B)) shall be applied by substituting 19
412+‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the matter preceding 20
413+clause (i), and by substituting ‘‘$150,000,000’’ for 21
414+‘‘$75,000,000’’ in clause (i). 22
363415 S
364-EC. 304. During fiscal year 2024, section 552(c)(2) of the For-
365-eign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied
366-by substituting ‘‘$50,000,000’’ for ‘‘$25,000,000’’. H. R. 815—8
416+EC. 304. During fiscal year 2024, section 552(c)(2) 23
417+of the Foreign Assistance Act of 1961 (22 U.S.C. 24 16
418+•HR 815 EAH
419+2348a(c)(2)) shall be applied by substituting ‘‘$50,000,000’’ 1
420+for ‘‘$25,000,000’’. 2
367421 S
368-EC. 305. Section 12001 of the Department of Defense Appro-
369-priations Act, 2005 (Public Law 108–287) is amended as follows:
370-(1) In paragraph (2) of subsection (a), by striking ‘‘armor’’
371-and all that follows through the end of the paragraph and
372-inserting ‘‘defense articles that are in the inventory of the
373-Department of Defense as of the date of transfer, are intended
374-for use as reserve stocks for Israel, and are located in a stockpile
375-for Israel as of the date of transfer’’.
376-(2) In subsection (b), by striking ‘‘at least equal to the
377-fair market value of the items transferred’’ and inserting ‘‘in
378-an amount to be determined by the Secretary of Defense’’.
379-(3) In subsection (c), by inserting before the comma in
380-the first sentence the following: ‘‘, or as far in advance of
381-such transfer as is practicable as determined by the President
382-on a case-by-case basis during extraordinary circumstances
383-impacting the national security of the United States’’.
422+EC. 305. Section 12001 of the Department of Defense 3
423+Appropriations Act, 2005 (Public Law 108–287) is amend-4
424+ed as follows: 5
425+(1) In paragraph (2) of subsection (a), by strik-6
426+ing ‘‘armor’’ and all that follows through the end of 7
427+the paragraph and inserting ‘‘defense articles that are 8
428+in the inventory of the Department of Defense as of 9
429+the date of transfer, are intended for use as reserve 10
430+stocks for Israel, and are located in a stockpile for 11
431+Israel as of the date of transfer’’. 12
432+(2) In subsection (b), by striking ‘‘at least equal 13
433+to the fair market value of the items transferred’’ and 14
434+inserting ‘‘in an amount to be determined by the Sec-15
435+retary of Defense’’. 16
436+(3) In subsection (c), by inserting before the 17
437+comma in the first sentence the following: ‘‘, or as far 18
438+in advance of such transfer as is practicable as deter-19
439+mined by the President on a case-by-case basis during 20
440+extraordinary circumstances impacting the national 21
441+security of the United States’’. 22
384442 S
385-EC. 306. For fiscal year 2024, section 514(b) of the Foreign
386-Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not apply to
387-defense articles to be set aside, earmarked, reserved, or intended
388-for use as reserve stocks in stockpiles in the State of Israel.
443+EC. 306. For fiscal year 2024, section 514(b) of the 23
444+Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall 24
445+not apply to defense articles to be set aside, earmarked, re-25 17
446+•HR 815 EAH
447+served, or intended for use as reserve stocks in stockpiles 1
448+in the State of Israel. 2
389449 S
390-EC. 307. (a) Funds appropriated by this division under the
391-headings ‘‘International Disaster Assistance’’ and ‘‘Migration and
392-Refugee Assistance’’ may be transferred to, and merged with, funds
393-appropriated by this division under such headings.
394-(b) Funds appropriated by this division under the headings
395-‘‘International Narcotics Control and Law Enforcement’’, ‘‘Peace-
396-keeping Operations’’, and ‘‘Foreign Military Financing Program’’
397-may be transferred to, and merged with, funds appropriated by
398-this division under such headings.
399-(c) The transfer authorities provided by this section are in
400-addition to any other transfer authority provided by law, and are
401-subject to prior consultation with, and the regular notification proce-
402-dures of, the Committees on Appropriations.
403-(d) Upon a determination that all or part of the funds trans-
404-ferred pursuant to the authorities provided by this section are
405-not necessary for such purposes, such amounts may be transferred
406-back to such appropriations.
450+EC. 307. (a) Funds appropriated by this division 3
451+under the headings ‘‘International Disaster Assistance’’ and 4
452+‘‘Migration and Refugee Assistance’’ may be transferred to, 5
453+and merged with, funds appropriated by this division 6
454+under such headings. 7
455+(b) Funds appropriated by this division under the 8
456+headings ‘‘International Narcotics Control and Law En-9
457+forcement’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Mili-10
458+tary Financing Program’’ may be transferred to, and 11
459+merged with, funds appropriated by this division under 12
460+such headings. 13
461+(c) The transfer authorities provided by this section 14
462+are in addition to any other transfer authority provided 15
463+by law, and are subject to prior consultation with, and the 16
464+regular notification procedures of, the Committees on Ap-17
465+propriations. 18
466+(d) Upon a determination that all or part of the funds 19
467+transferred pursuant to the authorities provided by this sec-20
468+tion are not necessary for such purposes, such amounts may 21
469+be transferred back to such appropriations. 22
407470 S
408-EC. 308.
409-None of the funds appropriated or otherwise made available
410-by this division and prior Acts making appropriations for the
411-Department of State, foreign operations, and related programs may
412-be made available for a contribution, grant, or other payment to
413-the United Nations Relief and Works Agency, notwithstanding any
414-other provision of law.
471+EC. 308. 23
472+None of the funds appropriated or otherwise made 24
473+available by this division and prior Acts making appro-25 18
474+•HR 815 EAH
475+priations for the Department of State, foreign operations, 1
476+and related programs may be made available for a con-2
477+tribution, grant, or other payment to the United Nations 3
478+Relief and Works Agency, notwithstanding any other provi-4
479+sion of law. 5
415480 S
416-EC. 309. (a) CERTIFICATION.—The Secretary of State shall cer-
417-tify and report to the appropriate congressional committees not
418-later than fifteen days after the date of enactment of this division,
419-that—
420-(1) oversight policies, processes, and procedures have been
421-established by the Department of State and the United States
422-Agency for International Development, as appropriate, and are in
423-use to prevent the diversion, misuse, or destruction of assistance,
424-including through international organizations, to Hamas and other
425-terrorist and extremist entities in Gaza; and
426-(2) such policies, processes, and procedures have been developed
427-in coordination with other bilateral and multilateral donors and
428-the Government of Israel, as appropriate. H. R. 815—9
481+EC. 309. (a) CERTIFICATION.—The Secretary of State 6
482+shall certify and report to the appropriate congressional 7
483+committees not later than fifteen days after the date of en-8
484+actment of this division, that— 9
485+(1) oversight policies, processes, and procedures have 10
486+been established by the Department of State and the United 11
487+States Agency for International Development, as appro-12
488+priate, and are in use to prevent the diversion, misuse, or 13
489+destruction of assistance, including through international 14
490+organizations, to Hamas and other terrorist and extremist 15
491+entities in Gaza; and 16
492+(2) such policies, processes, and procedures have been 17
493+developed in coordination with other bilateral and multilat-18
494+eral donors and the Government of Israel, as appropriate. 19
429495 (b) O
430-VERSIGHTPOLICY AND PROCEDURES.—The Secretary of
431-State and the USAID Administrator shall submit to the appropriate
432-congressional committees, concurrent with the submission of the
433-certification required in subsection (a), a written description of
434-the oversight policies, processes, and procedures for funds appro-
435-priated by this title that are made available for assistance for
436-Gaza, including specific actions to be taken should such assistance
437-be diverted, misused, or destroyed, and the role of Israel in the
438-oversight of such assistance.
496+VERSIGHTPOLICY ANDPROCEDURES.—The Sec-20
497+retary of State and the USAID Administrator shall submit 21
498+to the appropriate congressional committees, concurrent 22
499+with the submission of the certification required in sub-23
500+section (a), a written description of the oversight policies, 24
501+processes, and procedures for funds appropriated by this 25 19
502+•HR 815 EAH
503+title that are made available for assistance for Gaza, includ-1
504+ing specific actions to be taken should such assistance be 2
505+diverted, misused, or destroyed, and the role of Israel in 3
506+the oversight of such assistance. 4
439507 (c) R
440-EQUIREMENT TO INFORM.—The Secretary of State and
441-USAID Administrator shall promptly inform the appropriate
442-congressional committees of each instance in which funds appro-
443-priated by this title that are made available for assistance for
444-Gaza have been diverted, misused, or destroyed, to include the
445-type of assistance, a description of the incident and parties involved,
446-and an explanation of the response of the Department of State
447-or USAID, as appropriate.
508+EQUIREMENT TO INFORM.—The Secretary of 5
509+State and USAID Administrator shall promptly inform the 6
510+appropriate congressional committees of each instance in 7
511+which funds appropriated by this title that are made avail-8
512+able for assistance for Gaza have been diverted, misused, 9
513+or destroyed, to include the type of assistance, a description 10
514+of the incident and parties involved, and an explanation 11
515+of the response of the Department of State or USAID, as 12
516+appropriate. 13
448517 (d) T
449-HIRDPARTYMONITORING.—Funds appropriated by this
450-title shall be made available for third party monitoring of assistance
451-for Gaza, including end use monitoring, following consultation with
452-the appropriate congressional committees.
518+HIRDPARTYMONITORING.—Funds appropriated 14
519+by this title shall be made available for third party moni-15
520+toring of assistance for Gaza, including end use monitoring, 16
521+following consultation with the appropriate congressional 17
522+committees. 18
453523 (e) O
454-FFICES OFINSPECTORSGENERAL.—
524+FFICES OFINSPECTORSGENERAL.— 19
455525 (1) D
456-EPARTMENT OF STATE.—Of the funds appropriated by this
457-title under the heading ‘‘Office of Inspector General’’ for the Depart-
458-ment of State, $4,000,000 shall be made available for the oversight
459-and monitoring of assistance made available for Gaza by this title
460-and in prior Acts making appropriations for the Department of
461-State, foreign operations, and related programs.
526+EPARTMENT OF STATE.—Of the funds appro-20
527+priated by this title under the heading ‘‘Office of Inspector 21
528+General’’ for the Department of State, $4,000,000 shall be 22
529+made available for the oversight and monitoring of assist-23
530+ance made available for Gaza by this title and in prior 24 20
531+•HR 815 EAH
532+Acts making appropriations for the Department of State, 1
533+foreign operations, and related programs. 2
462534 (2) U
463-NITEDSTATESAGENCYFORINTERNATIONAL DEVELOP-
464-MENT.—Of the funds appropriated by this title under the heading
465-‘‘Office of Inspector General’’ for USAID, $3,000,000 shall be made
466-available for the oversight and monitoring of assistance made avail-
467-able for Gaza by this title and in prior Acts making appropriations
468-for the Department of State, foreign operations, and related pro-
469-grams.
535+NITEDSTATESAGENCYFORINTERNATIONALDE-3
536+VELOPMENT.—Of the funds appropriated by this title under 4
537+the heading ‘‘Office of Inspector General’’ for USAID, 5
538+$3,000,000 shall be made available for the oversight and 6
539+monitoring of assistance made available for Gaza by this 7
540+title and in prior Acts making appropriations for the De-8
541+partment of State, foreign operations, and related pro-9
542+grams. 10
470543 (f) R
471-EPORT.—Not later than 90 days after the initial obligation
472-of funds appropriated by this title that are made available for
473-assistance for Gaza, and every 90 days thereafter until all such
474-funds are expended, the Secretary of State and the USAID Adminis-
475-trator shall jointly submit to the appropriate congressional commit-
476-tees a report detailing the amount and purpose of such assistance
477-provided during each respective quarter, including a description
478-of the specific entity implementing such assistance.
544+EPORT.—Not later than 90 days after the initial 11
545+obligation of funds appropriated by this title that are made 12
546+available for assistance for Gaza, and every 90 days there-13
547+after until all such funds are expended, the Secretary of 14
548+State and the USAID Administrator shall jointly submit 15
549+to the appropriate congressional committees a report detail-16
550+ing the amount and purpose of such assistance provided 17
551+during each respective quarter, including a description of 18
552+the specific entity implementing such assistance. 19
479553 (g) A
480-SSESSMENT.—Not later than 90 days after the date of
481-enactment of this division and every 90 days thereafter until Sep-
482-tember 30, 2025, the Secretary of State, in consultation with the
483-Director of National Intelligence and other heads of elements of
484-the intelligence community that the Secretary considers relevant,
485-shall submit to the appropriate congressional committees a report
486-assessing whether funds appropriated by this title and made avail-
487-able for assistance for the West Bank and Gaza have been diverted
488-by Hamas or other terrorist and extremist entities in the West
489-Bank and Gaza: Provided, That such report shall include details
490-on the amount and how such funds were made available and
491-used by such entities: Provided further, That such report may
492-be submitted in classified form, if necessary. H. R. 815—10
554+SSESSMENT.—Not later than 90 days after the 20
555+date of enactment of this division and every 90 days there-21
556+after until September 30, 2025, the Secretary of State, in 22
557+consultation with the Director of National Intelligence and 23
558+other heads of elements of the intelligence community that 24
559+the Secretary considers relevant, shall submit to the appro-25 21
560+•HR 815 EAH
561+priate congressional committees a report assessing whether 1
562+funds appropriated by this title and made available for as-2
563+sistance for the West Bank and Gaza have been diverted 3
564+by Hamas or other terrorist and extremist entities in the 4
565+West Bank and Gaza: Provided, That such report shall in-5
566+clude details on the amount and how such funds were made 6
567+available and used by such entities: Provided further, That 7
568+such report may be submitted in classified form, if nec-8
569+essary. 9
493570 (h) C
494-ONSULTATION.—Not later than 30 days after the date
495-of enactment of this division but prior to the initial obligation
496-of funds made available by this title for humanitarian assistance
497-for Gaza, the Secretary of State and USAID Administrator, as
498-appropriate, shall consult with the Committees on Appropriations
499-on the amount and anticipated uses of such funds.
571+ONSULTATION.—Not later than 30 days after the 10
572+date of enactment of this division but prior to the initial 11
573+obligation of funds made available by this title for humani-12
574+tarian assistance for Gaza, the Secretary of State and 13
575+USAID Administrator, as appropriate, shall consult with 14
576+the Committees on Appropriations on the amount and an-15
577+ticipated uses of such funds. 16
500578 S
501-EC. 310. Prior to the initial obligation of funds made available
502-in this title in this division, but not later than 15 days after
503-the date of enactment of this division, the Secretary of State shall
504-submit to the Committees on Appropriations—
505-(1) spend plans, as defined in section 7034(s)(4) of the
506-Department of State, Foreign Operations, and Related Pro-
507-grams Appropriations Act, 2023 (division K of Public Law 117–
508-328), at the country, account, and program level, for funds
509-appropriated by this division under the headings ‘‘International
510-Narcotics Control and Law Enforcement’’, ‘‘Peacekeeping Oper-
511-ations’’ and ‘‘Foreign Military Financing Program’’: Provided,
512-That plans submitted pursuant to this paragraph shall include
513-for each program notified—(A) total funding made available
514-for such program, by account and fiscal year; (B) funding that
515-remains unobligated for such program from prior year base
516-or supplemental appropriations; (C) funding that is obligated
517-but unexpended for such program; and (D) funding committed,
518-but not yet notified for such program; and
519-(2) operating plans, as defined in section 7062 of the
520-Department of State, Foreign Operations, and Related Pro-
521-grams Appropriations Act, 2023 (division K of Public Law 117–
522-328), for funds appropriated by this title under the headings
523-‘‘Diplomatic Programs’’ and ‘‘Emergencies in the Diplomatic
524-and Consular Service’’.
525-TITLE IV
526-GENERAL PROVISIONS—THIS DIVISION
579+EC. 310. Prior to the initial obligation of funds made 17
580+available in this title in this division, but not later than 18
581+15 days after the date of enactment of this division, the 19
582+Secretary of State shall submit to the Committees on Appro-20
583+priations— 21
584+(1) spend plans, as defined in section 7034(s)(4) 22
585+of the Department of State, Foreign Operations, and 23
586+Related Programs Appropriations Act, 2023 (division 24
587+K of Public Law 117–328), at the country, account, 25 22
588+•HR 815 EAH
589+and program level, for funds appropriated by this di-1
590+vision under the headings ‘‘International Narcotics 2
591+Control and Law Enforcement’’, ‘‘Peacekeeping Oper-3
592+ations’’ and ‘‘Foreign Military Financing Program’’: 4
593+Provided, That plans submitted pursuant to this 5
594+paragraph shall include for each program notified— 6
595+(A) total funding made available for such program, 7
596+by account and fiscal year; (B) funding that remains 8
597+unobligated for such program from prior year base or 9
598+supplemental appropriations; (C) funding that is ob-10
599+ligated but unexpended for such program; and (D) 11
600+funding committed, but not yet notified for such pro-12
601+gram; and 13
602+(2) operating plans, as defined in section 7062 14
603+of the Department of State, Foreign Operations, and 15
604+Related Programs Appropriations Act, 2023 (division 16
605+K of Public Law 117–328), for funds appropriated by 17
606+this title under the headings ‘‘Diplomatic Programs’’ 18
607+and ‘‘Emergencies in the Diplomatic and Consular 19
608+Service’’. 20
609+TITLE IV 21
610+GENERAL PROVISIONS—THIS DIVISION 22
527611 S
528-EC. 401. Each amount appropriated or made available by
529-this division is in addition to amounts otherwise appropriated for
530-the fiscal year involved.
612+EC. 401. Each amount appropriated or made avail-23
613+able by this division is in addition to amounts otherwise 24
614+appropriated for the fiscal year involved. 25 23
615+•HR 815 EAH
616+SEC. 402. No part of any appropriation contained in 1
617+this division shall remain available for obligation beyond 2
618+the current fiscal year unless expressly so provided herein. 3
531619 S
532-EC. 402. No part of any appropriation contained in this division
533-shall remain available for obligation beyond the current fiscal year
534-unless expressly so provided herein.
620+EC. 403. Unless otherwise provided for by this divi-4
621+sion, the additional amounts appropriated by this division 5
622+to appropriations accounts shall be available under the au-6
623+thorities and conditions applicable to such appropriations 7
624+accounts for fiscal year 2024. 8
535625 S
536-EC. 403. Unless otherwise provided for by this division, the
537-additional amounts appropriated by this division to appropriations
538-accounts shall be available under the authorities and conditions
539-applicable to such appropriations accounts for fiscal year 2024.
626+EC. 404. (a) Not later than 45 days after the date 9
627+of enactment of this division, the Secretary of State, in con-10
628+sultation with the heads of other relevant Federal agencies, 11
629+as appropriate, shall brief the appropriate congressional 12
630+committees, in classified form, if necessary, on the status 13
631+and welfare of hostages being held in Gaza. 14
632+(b) For purposes of this section, the term ‘‘appropriate 15
633+congressional committees’’ means the following: 16
634+(1) The Committees on Appropriations, Armed 17
635+Services, and Foreign Relations of the Senate. 18
636+(2) The Select Committee on Intelligence of the 19
637+Senate. 20
638+(3) The Committees on Appropriations, Armed 21
639+Services, and Foreign Affairs of the House of Rep-22
640+resentatives. 23
641+(4) The Permanent Select Committee on Intel-24
642+ligence of the House of Representatives. 25 24
643+•HR 815 EAH
644+SEC. 405. Funds appropriated by this division for for-1
645+eign assistance (including foreign military sales), for the 2
646+Department of State, for broadcasting subject to supervision 3
647+of United States Agency for Global Media, and for intel-4
648+ligence or intelligence related activities are deemed to be 5
649+specifically authorized by the Congress for the purposes of 6
650+section 10 of Public Law 91–672 (22 U.S.C. 2412), section 7
651+15 of the State Department Basic Authorities Act of 1956 8
652+(22 U.S.C. 2680), section 313 of the Foreign Relations Au-9
653+thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 10
654+6212), and section 504(a)(1) of the National Security Act 11
655+of 1947 (50 U.S.C. 3094(a)(1)). 12
540656 S
541-EC. 404. (a) Not later than 45 days after the date of enactment
542-of this division, the Secretary of State, in consultation with the
543-heads of other relevant Federal agencies, as appropriate, shall
544-brief the appropriate congressional committees, in classified form,
545-if necessary, on the status and welfare of hostages being held
546-in Gaza.
547-(b) For purposes of this section, the term ‘‘appropriate congres-
548-sional committees’’ means the following:
549-(1) The Committees on Appropriations, Armed Services,
550-and Foreign Relations of the Senate.
551-(2) The Select Committee on Intelligence of the Senate. H. R. 815—11
552-(3) The Committees on Appropriations, Armed Services,
553-and Foreign Affairs of the House of Representatives.
554-(4) The Permanent Select Committee on Intelligence of
555-the House of Representatives.
657+EC. 406. Each amount designated in this division by 13
658+the Congress as being for an emergency requirement pursu-14
659+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 15
660+Emergency Deficit Control Act of 1985 shall be available 16
661+(or repurposed or rescinded, if applicable) only if the Presi-17
662+dent subsequently so designates all such amounts and trans-18
663+mits such designations to the Congress. 19
556664 S
557-EC. 405. Funds appropriated by this division for foreign assist-
558-ance (including foreign military sales), for the Department of State,
559-for broadcasting subject to supervision of United States Agency
560-for Global Media, and for intelligence or intelligence related activi-
561-ties are deemed to be specifically authorized by the Congress for
562-the purposes of section 10 of Public Law 91–672 (22 U.S.C. 2412),
563-section 15 of the State Department Basic Authorities Act of 1956
564-(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
565-Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
566-504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
665+EC. 407. Any amount appropriated by this division, 20
666+designated by the Congress as an emergency requirement 21
667+pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 22
668+and Emergency Deficit Control Act of 1985, and subse-23
669+quently so designated by the President, and transferred pur-24 25
670+•HR 815 EAH
671+suant to transfer authorities provided by this division shall 1
672+retain such designation. 2
673+SPENDING REDUCTION ACCOUNT 3
567674 S
568-EC. 406. Each amount designated in this division by the Con-
569-gress as being for an emergency requirement pursuant to section
570-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
571-trol Act of 1985 shall be available (or repurposed or rescinded,
572-if applicable) only if the President subsequently so designates all
573-such amounts and transmits such designations to the Congress.
675+EC. 408. $0. 4
676+This division may be cited as the ‘‘Israel Security 5
677+Supplemental Appropriations Act, 2024’’. 6
678+DIVISION B—UKRAINE SECURITY 7
679+SUPPLEMENTAL APPROPRIA-8
680+TIONS ACT, 2024 9
681+That the following sums are appropriated, out of any 10
682+money in the Treasury not otherwise appropriated, for the 11
683+fiscal year ending September 30, 2024, and for other pur-12
684+poses, namely: 13
685+TITLE I 14
686+DEPARTMENT OF DEFENSE 15
687+MILITARY PERSONNEL 16
688+M
689+ILITARYPERSONNEL, ARMY 17
690+For an additional amount for ‘‘Military Personnel, 18
691+Army’’, $207,158,000, to remain available until December 19
692+31, 2024, to respond to the situation in Ukraine and for 20
693+related expenses: Provided, That such amount is designated 21
694+by the Congress as being for an emergency requirement pur-22
695+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 23
696+Emergency Deficit Control Act of 1985. 24 26
697+•HR 815 EAH
698+MILITARYPERSONNEL, MARINECORPS 1
699+For an additional amount for ‘‘Military Personnel, 2
700+Marine Corps’’, $3,538,000, to remain available until De-3
701+cember 31, 2024, to respond to the situation in Ukraine 4
702+and for related expenses: Provided, That such amount is 5
703+designated by the Congress as being for an emergency re-6
704+quirement pursuant to section 251(b)(2)(A)(i) of the Bal-7
705+anced Budget and Emergency Deficit Control Act of 1985. 8
706+M
707+ILITARYPERSONNEL, AIRFORCE 9
708+For an additional amount for ‘‘Military Personnel, 10
709+Air Force’’, $23,302,000, to remain available until Decem-11
710+ber 31, 2024, to respond to the situation in Ukraine and 12
711+for related expenses: Provided, That such amount is des-13
712+ignated by the Congress as being for an emergency require-14
713+ment pursuant to section 251(b)(2)(A)(i) of the Balanced 15
714+Budget and Emergency Deficit Control Act of 1985. 16
715+M
716+ILITARYPERSONNEL, SPACEFORCE 17
717+For an additional amount for ‘‘Military Personnel, 18
718+Space Force’’, $4,192,000, to remain available until Decem-19
719+ber 31, 2024, to respond to the situation in Ukraine and 20
720+for related expenses: Provided, That such amount is des-21
721+ignated by the Congress as being for an emergency require-22
722+ment pursuant to section 251(b)(2)(A)(i) of the Balanced 23
723+Budget and Emergency Deficit Control Act of 1985. 24 27
724+•HR 815 EAH
725+OPERATION AND MAINTENANCE 1
726+O
727+PERATION ANDMAINTENANCE, ARMY 2
728+For an additional amount for ‘‘Operation and Mainte-3
729+nance, Army’’, $4,887,581,000, to remain available until 4
730+December 31, 2024, to respond to the situation in Ukraine 5
731+and for related expenses: Provided, That such amount is 6
732+designated by the Congress as being for an emergency re-7
733+quirement pursuant to section 251(b)(2)(A)(i) of the Bal-8
734+anced Budget and Emergency Deficit Control Act of 1985. 9
735+O
736+PERATION ANDMAINTENANCE, NAVY 10
737+For an additional amount for ‘‘Operation and Mainte-11
738+nance, Navy’’, $976,405,000, to remain available until De-12
739+cember 31, 2024, to respond to the situation in Ukraine 13
740+and for related expenses: Provided, That such amount is 14
741+designated by the Congress as being for an emergency re-15
742+quirement pursuant to section 251(b)(2)(A)(i) of the Bal-16
743+anced Budget and Emergency Deficit Control Act of 1985. 17
744+O
745+PERATION ANDMAINTENANCE, MARINECORPS 18
746+For an additional amount for ‘‘Operation and Mainte-19
747+nance, Marine Corps’’, $69,045,000, to remain available 20
748+until December 31, 2024, to respond to the situation in 21
749+Ukraine and for related expenses: Provided, That such 22
750+amount is designated by the Congress as being for an emer-23
751+gency requirement pursuant to section 251(b)(2)(A)(i) of 24 28
752+•HR 815 EAH
753+the Balanced Budget and Emergency Deficit Control Act 1
754+of 1985. 2
755+O
756+PERATION ANDMAINTENANCE, AIRFORCE 3
757+For an additional amount for ‘‘Operation and Mainte-4
758+nance, Air Force’’, $371,475,000, to remain available until 5
759+December 31, 2024, to respond to the situation in Ukraine 6
760+and for related expenses: Provided, That such amount is 7
761+designated by the Congress as being for an emergency re-8
762+quirement pursuant to section 251(b)(2)(A)(i) of the Bal-9
763+anced Budget and Emergency Deficit Control Act of 1985. 10
764+O
765+PERATION ANDMAINTENANCE, SPACEFORCE 11
766+For an additional amount for ‘‘Operation and Mainte-12
767+nance, Space Force’’, $8,443,000, to remain available until 13
768+December 31, 2024, to respond to the situation in Ukraine 14
769+and for related expenses: Provided, That such amount is 15
770+designated by the Congress as being for an emergency re-16
771+quirement pursuant to section 251(b)(2)(A)(i) of the Bal-17
772+anced Budget and Emergency Deficit Control Act of 1985. 18
773+O
774+PERATION ANDMAINTENANCE, DEFENSE-WIDE 19
775+(INCLUDING TRANSFERS OF FUNDS) 20
776+For an additional amount for ‘‘Operation and Mainte-21
777+nance, Defense-Wide’’, $27,930,780,000, to remain available 22
778+until December 31, 2024, to respond to the situation in 23
779+Ukraine and for related expenses: Provided, That of the 24
780+total amount provided under this heading in this division, 25 29
781+•HR 815 EAH
782+$13,772,460,000, to remain available until September 30, 1
783+2025, shall be for the Ukraine Security Assistance Initia-2
784+tive: Provided further, That such funds for the Ukraine Se-3
785+curity Assistance Initiative shall be available to the Sec-4
786+retary of Defense under the same terms and conditions as 5
787+are provided for in section 8148 of the Department of De-6
788+fense Appropriations Act, 2024 (division A of Public Law 7
789+118–47): Provided further, That of the total amount pro-8
790+vided under this heading in this division, up to 9
791+$13,414,432,000, to remain available until September 30, 10
792+2025, may be transferred to accounts under the headings 11
793+‘‘Operation and Maintenance’’, ‘‘Procurement’’, and ‘‘Re-12
794+volving and Management Funds’’ for replacement, through 13
795+new procurement or repair of existing unserviceable equip-14
796+ment, of defense articles from the stocks of the Department 15
797+of Defense, and for reimbursement for defense services of the 16
798+Department of Defense and military education and train-17
799+ing, provided to the government of Ukraine or identified 18
800+and notified to Congress for provision to the government 19
801+of Ukraine or to foreign countries that have provided sup-20
802+port to Ukraine at the request of the United States: Pro-21
803+vided further, That funds transferred pursuant to the pre-22
804+ceding proviso shall be merged with and available for the 23
805+same purposes and for the same time period as the appro-24
806+priations to which the funds are transferred: Provided fur-25 30
807+•HR 815 EAH
808+ther, That the Secretary of Defense shall notify the congres-1
809+sional defense committees of the details of such transfers not 2
810+less than 15 days before any such transfer: Provided further, 3
811+That upon a determination that all or part of the funds 4
812+transferred from this appropriation are not necessary for 5
813+the purposes provided herein, such amounts may be trans-6
814+ferred back and merged with this appropriation: Provided 7
815+further, That any transfer authority provided herein is in 8
816+addition to any other transfer authority provided by law: 9
817+Provided further, That such amount is designated by the 10
818+Congress as being for an emergency requirement pursuant 11
819+to section 251(b)(2)(A)(i) of the Balanced Budget and 12
820+Emergency Deficit Control Act of 1985. 13
821+PROCUREMENT 14
822+M
823+ISSILEPROCUREMENT, ARMY 15
824+For an additional amount for ‘‘Missile Procurement, 16
825+Army’’, $2,742,757,000, to remain available until Sep-17
826+tember 30, 2026, to respond to the situation in Ukraine and 18
827+for related expenses: Provided, That such amount is des-19
828+ignated by the Congress as being for an emergency require-20
829+ment pursuant to section 251(b)(2)(A)(i) of the Balanced 21
830+Budget and Emergency Deficit Control Act of 1985. 22
831+P
832+ROCUREMENT OFAMMUNITION, ARMY 23
833+For an additional amount for ‘‘Procurement of Am-24
834+munition, Army’’, $5,612,900,000, to remain available 25 31
835+•HR 815 EAH
836+until September 30, 2026, to respond to the situation in 1
837+Ukraine and for related expenses: Provided, That such 2
838+amount is designated by the Congress as being for an emer-3
839+gency requirement pursuant to section 251(b)(2)(A)(i) of 4
840+the Balanced Budget and Emergency Deficit Control Act 5
841+of 1985. 6
842+O
843+THERPROCUREMENT, ARMY 7
844+For an additional amount for ‘‘Other Procurement, 8
845+Army’’, $308,991,000, to remain available until September 9
846+30, 2026, to respond to the situation in Ukraine and for 10
847+related expenses: Provided, That such amount is designated 11
848+by the Congress as being for an emergency requirement pur-12
849+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 13
850+Emergency Deficit Control Act of 1985. 14
851+W
852+EAPONSPROCUREMENT, NAVY 15
853+For an additional amount for ‘‘Weapons Procurement, 16
854+Navy’’, $706,976,000, to remain available until September 17
855+30, 2026, to respond to the situation in Ukraine and for 18
856+related expenses: Provided, That such amount is designated 19
857+by the Congress as being for an emergency requirement pur-20
858+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 21
859+Emergency Deficit Control Act of 1985. 22
860+O
861+THERPROCUREMENT, NAVY 23
862+For an additional amount for ‘‘Other Procurement, 24
863+Navy’’, $26,000,000, to remain available until September 25 32
864+•HR 815 EAH
865+30, 2026, to respond to the situation in Ukraine and for 1
866+related expenses: Provided, That such amount is designated 2
867+by the Congress as being for an emergency requirement pur-3
868+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 4
869+Emergency Deficit Control Act of 1985. 5
870+P
871+ROCUREMENT, MARINECORPS 6
872+For an additional amount for ‘‘Procurement, Marine 7
873+Corps’’, $212,443,000, to remain available until September 8
874+30, 2026, to respond to the situation in Ukraine and for 9
875+related expenses: Provided, That such amount is designated 10
876+by the Congress as being for an emergency requirement pur-11
877+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 12
878+Emergency Deficit Control Act of 1985. 13
879+M
880+ISSILEPROCUREMENT, AIRFORCE 14
881+For an additional amount for ‘‘Missile Procurement, 15
882+Air Force’’, $366,001,000, to remain available until Sep-16
883+tember 30, 2026, to respond to the situation in Ukraine and 17
884+for related expenses: Provided, That such amount is des-18
885+ignated by the Congress as being for an emergency require-19
886+ment pursuant to section 251(b)(2)(A)(i) of the Balanced 20
887+Budget and Emergency Deficit Control Act of 1985. 21
888+O
889+THERPROCUREMENT, AIRFORCE 22
890+For an additional amount for ‘‘Other Procurement, 23
891+Air Force’’, $3,284,072,000, to remain available until Sep-24
892+tember 30, 2026, to respond to the situation in Ukraine and 25 33
893+•HR 815 EAH
894+for other expenses: Provided, That such amount is des-1
895+ignated by the Congress as being for an emergency require-2
896+ment pursuant to section 251(b)(2)(A)(i) of the Balanced 3
897+Budget and Emergency Deficit Control Act of 1985. 4
898+P
899+ROCUREMENT, DEFENSE-WIDE 5
900+For an additional amount for ‘‘Procurement, Defense- 6
901+Wide’’, $46,780,000, to remain available until September 7
902+30, 2026, to respond to the situation in Ukraine and for 8
903+related expenses: Provided, That such amount is designated 9
904+by the Congress as being for an emergency requirement pur-10
905+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 11
906+Emergency Deficit Control Act of 1985. 12
907+RESEARCH, DEVELOPMENT, TEST AND 13
908+EVALUATION 14
909+R
910+ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, ARMY 15
911+For an additional amount for ‘‘Research, Develop-16
912+ment, Test and Evaluation, Army’’, $18,594,000, to remain 17
913+available until September 30, 2025, to respond to the situa-18
914+tion in Ukraine and for related expenses: Provided, That 19
915+such amount is designated by the Congress as being for an 20
916+emergency requirement pursuant to section 251(b)(2)(A)(i) 21
917+of the Balanced Budget and Emergency Deficit Control Act 22
918+of 1985. 23 34
919+•HR 815 EAH
920+RESEARCH, DEVELOPMENT, TEST ANDEVALUATION, NAVY 1
921+For an additional amount for ‘‘Research, Develop-2
922+ment, Test and Evaluation, Navy’’, $13,825,000, to remain 3
923+available until September 30, 2025, to respond to the situa-4
924+tion in Ukraine and for related expenses: Provided, That 5
925+such amount is designated by the Congress as being for an 6
926+emergency requirement pursuant to section 251(b)(2)(A)(i) 7
927+of the Balanced Budget and Emergency Deficit Control Act 8
928+of 1985. 9
929+R
930+ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, AIR 10
931+F
932+ORCE 11
933+For an additional amount for ‘‘Research, Develop-12
934+ment, Test and Evaluation, Air Force’’, $406,834,000, to 13
935+remain available until September 30, 2025, to respond to 14
936+the situation in Ukraine and for related expenses: Provided, 15
937+That such amount is designated by the Congress as being 16
938+for an emergency requirement pursuant to section 17
939+251(b)(2)(A)(i) of the Balanced Budget and Emergency 18
940+Deficit Control Act of 1985. 19
941+R
942+ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 20
943+D
944+EFENSE-WIDE 21
945+For an additional amount for ‘‘Research, Develop-22
946+ment, Test and Evaluation, Defense-Wide’’, $194,125,000, 23
947+to remain available until September 30, 2025, to respond 24
948+to the situation in Ukraine and for related expenses: Pro-25 35
949+•HR 815 EAH
950+vided, That such amount is designated by the Congress as 1
951+being for an emergency requirement pursuant to section 2
952+251(b)(2)(A)(i) of the Balanced Budget and Emergency 3
953+Deficit Control Act of 1985. 4
954+OTHER DEPARTMENT OF DEFENSE PROGRAMS 5
955+O
956+FFICE OF THEINSPECTORGENERAL 6
957+For an additional amount for ‘‘Office of the Inspector 7
958+General’’, $8,000,000, to remain available until September 8
959+30, 2025, which shall be for operation and maintenance of 9
960+the Office of the Inspector General, including the Special 10
961+Inspector General for Operation Atlantic Resolve, to carry 11
962+out reviews of the activities of the Department of Defense 12
963+to execute funds appropriated in this division, including 13
964+assistance provided to Ukraine: Provided, That the Inspec-14
965+tor General of the Department of Defense shall provide to 15
966+the congressional defense committees a briefing not later 16
967+than 90 days after the date of enactment of this division: 17
968+Provided further, That such amount is designated by the 18
969+Congress as being for an emergency requirement pursuant 19
970+to section 251(b)(2)(A)(i) of the Balanced Budget and 20
971+Emergency Deficit Control Act of 1985. 21
972+RELATED AGENCIES 22
973+I
974+NTELLIGENCECOMMUNITYMANAGEMENTACCOUNT 23
975+For an additional amount for ‘‘Intelligence Commu-24
976+nity Management Account’’, $2,000,000, to remain avail-25 36
977+•HR 815 EAH
978+able until September 30, 2024, to respond to the situation 1
979+in Ukraine and for related expenses: Provided, That such 2
980+amount is designated by the Congress as being for an emer-3
981+gency requirement pursuant to section 251(b)(2)(A)(i) of 4
982+the Balanced Budget and Emergency Deficit Control Act 5
983+of 1985. 6
984+GENERAL PROVISIONS—THIS TITLE 7
985+(INCLUDING TRANSFERS OF FUNDS) 8
574986 S
575-EC. 407. Any amount appropriated by this division, designated
576-by the Congress as an emergency requirement pursuant to section
577-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
578-trol Act of 1985, and subsequently so designated by the President,
579-and transferred pursuant to transfer authorities provided by this
580-division shall retain such designation.
581-SPENDING REDUCTION ACCOUNT
987+EC. 101. (a) Upon the determination of the Secretary 9
988+of Defense that such action is necessary in the national in-10
989+terest, the Secretary may, with the approval of the Director 11
990+of the Office of Management and Budget, transfer up to 12
991+$1,000,000,000 only between the appropriations or funds 13
992+made available in this title to the Department of Defense 14
993+to respond to the situation in Ukraine and for related ex-15
994+penses: Provided, That the Secretary shall notify the Con-16
995+gress promptly of each transfer made pursuant to the au-17
996+thority in this subsection: Provided further, That such au-18
997+thority is in addition to any transfer authority otherwise 19
998+provided by law and is subject to the same terms and condi-20
999+tions as the authority provided in section 8005 of the De-21
1000+partment of Defense Appropriations Act, 2024 (division A 22
1001+of Public Law 118–47), except for monetary limitations 23
1002+concerning the amount of authority available. 24 37
1003+•HR 815 EAH
1004+(b) Upon the determination by the Director of Na-1
1005+tional Intelligence that such action is necessary in the na-2
1006+tional interest, the Director may, with the approval of the 3
1007+Director of the Office of Management and Budget, transfer 4
1008+up to $250,000,000 only between the appropriations or 5
1009+funds made available in this title for the National Intel-6
1010+ligence Program: Provided, That the Director of National 7
1011+Intelligence shall notify the Congress promptly of all trans-8
1012+fers made pursuant to the authority in this subsection: Pro-9
1013+vided further, That such authority is in addition to any 10
1014+transfer authority otherwise provided by law and is subject 11
1015+to the same terms and conditions as the authority provided 12
1016+in section 8091 of the Department of Defense Appropria-13
1017+tions Act, 2024 (division A of Public Law 118–47), except 14
1018+for monetary limitations concerning the amount of author-15
1019+ity available. 16
5821020 S
583-EC. 408. $0.
584-This division may be cited as the ‘‘Israel Security Supplemental
585-Appropriations Act, 2024’’.
586-DIVISION B—UKRAINE SECURITY SUP-
587-PLEMENTAL APPROPRIATIONS ACT,
588-2024
589-That the following sums are appropriated, out of any money
590-in the Treasury not otherwise appropriated, for the fiscal year
591-ending September 30, 2024, and for other purposes, namely:
592-TITLE I
593-DEPARTMENT OF DEFENSE
594-MILITARY PERSONNEL
1021+EC. 102. Not later than 60 days after the date of en-17
1022+actment of this division, the Secretary of Defense, in coordi-18
1023+nation with the Secretary of State, shall submit a report 19
1024+to the Committees on Appropriations, Armed Services, and 20
1025+Foreign Affairs of the House of Representatives and the 21
1026+Committees on Appropriations, Armed Services, and For-22
1027+eign Relations of the Senate on measures being taken to 23
1028+account for United States defense articles designated for 24
1029+Ukraine since the February 24, 2022, Russian invasion of 25 38
1030+•HR 815 EAH
1031+Ukraine, particularly measures with regard to such articles 1
1032+that require enhanced end-use monitoring; measures to en-2
1033+sure that such articles reach their intended recipients and 3
1034+are used for their intended purposes; and any other meas-4
1035+ures to promote accountability for the use of such articles: 5
1036+Provided, That such report shall include a description of 6
1037+any occurrences of articles not reaching their intended re-7
1038+cipients or used for their intended purposes and a descrip-8
1039+tion of any remedies taken: Provided further, That such re-9
1040+port shall be submitted in unclassified form, but may be 10
1041+accompanied by a classified annex. 11
1042+S
1043+EC. 103. Not later than 30 days after the date of en-12
1044+actment of this division, and every 30 days thereafter 13
1045+through fiscal year 2025, the Secretary of Defense, in co-14
1046+ordination with the Secretary of State, shall provide a writ-15
1047+ten report to the Committees on Appropriations, Armed 16
1048+Services, and Foreign Affairs of the House of Representa-17
1049+tives and the Committees on Appropriations, Armed Serv-18
1050+ices, and Foreign Relations of the Senate describing United 19
1051+States security assistance provided to Ukraine since the 20
1052+February 24, 2022, Russian invasion of Ukraine, including 21
1053+a comprehensive list of the defense articles and services pro-22
1054+vided to Ukraine and the associated authority and funding 23
1055+used to provide such articles and services: Provided, That 24 39
1056+•HR 815 EAH
1057+such report shall be submitted in unclassified form, but may 1
1058+be accompanied by a classified annex. 2
1059+TITLE II 3
1060+DEPARTMENT OF ENERGY 4
1061+ENERGY PROGRAMS 5
1062+S
1063+CIENCE 6
1064+For an additional amount for ‘‘Science’’, $98,000,000, 7
1065+to remain available until expended, for acquisition, dis-8
1066+tribution, and equipment for development and production 9
1067+of medical, stable, and radioactive isotopes: Provided, That 10
1068+such amount is designated by the Congress as being for an 11
1069+emergency requirement pursuant to section 251(b)(2)(A)(i) 12
1070+of the Balanced Budget and Emergency Deficit Control Act 13
1071+of 1985. 14
1072+ATOMIC ENERGY DEFENSE ACTIVITIES 15
1073+NATIONAL NUCLEAR SECURITY ADMINISTRATION 16
1074+D
1075+EFENSENUCLEARNONPROLIFERATION 17
1076+For an additional amount for ‘‘Defense Nuclear Non-18
1077+proliferation’’, $143,915,000, to remain available until Sep-19
1078+tember 30, 2025, to respond to the situation in Ukraine and 20
1079+for related expenses: Provided, That such amount is des-21
1080+ignated by the Congress as being for an emergency require-22
1081+ment pursuant to section 251(b)(2)(A)(i) of the Balanced 23
1082+Budget and Emergency Deficit Control Act of 1985. 24 40
1083+•HR 815 EAH
1084+FEDERALSALARIES ANDEXPENSES 1
1085+For an additional amount for ‘‘Federal Salaries and 2
1086+Expenses’’, $5,540,000, to remain available until September 3
1087+30, 2025, to respond to the situation in Ukraine and for 4
1088+related expenses: Provided, That such amount is designated 5
1089+by the Congress as being for an emergency requirement pur-6
1090+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 7
1091+Emergency Deficit Control Act of 1985. 8
1092+TITLE III 9
1093+DEPARTMENT OF HEALTH AND HUMAN 10
1094+SERVICES 11
1095+A
1096+DMINISTRATION FORCHILDREN ANDFAMILIES 12
1097+REFUGEE AND ENTRANT ASSISTANCE 13
1098+For an additional amount for ‘‘Refugee and Entrant 14
1099+Assistance’’, $481,000,000, to remain available until Sep-15
1100+tember 30, 2025, for refugee and entrant assistance activi-16
1101+ties authorized by section 414 of the Immigration and Na-17
1102+tionality Act and section 501 of the Refugee Education As-18
1103+sistance Act of 1980: Provided, That amounts made avail-19
1104+able under this heading in this division may be used for 20
1105+grants or contracts with qualified organizations, including 21
1106+nonprofit entities, to provide culturally and linguistically 22
1107+appropriate services, including wraparound services, hous-23
1108+ing assistance, medical assistance, legal assistance, and case 24
1109+management assistance: Provided further, That amounts 25 41
1110+•HR 815 EAH
1111+made available under this heading in this division may be 1
1112+used by the Director of the Office of Refugee Resettlement 2
1113+(Director) to issue awards or supplement awards previously 3
1114+made by the Director: Provided further, That the Director, 4
1115+in carrying out section 412(c)(1)(A) of the Immigration 5
1116+and Nationality Act (8 U.S.C. 1522(c)(1)(A)) with amounts 6
1117+made available under this heading in this division, may 7
1118+allocate such amounts among the States in a manner that 8
1119+accounts for the most current data available: Provided fur-9
1120+ther, That such amount is designated by the Congress as 10
1121+being for an emergency requirement pursuant to section 11
1122+251(b)(2)(A)(i) of the Balanced Budget and Emergency 12
1123+Deficit Control Act of 1985. 13
1124+GENERAL PROVISION—THIS TITLE 14
1125+S
1126+EC. 301. Section 401(a)(1)(A) of the Additional 15
1127+Ukraine Supplemental Appropriations Act, 2022 (Public 16
1128+Law 117–128) is amended by striking ‘‘September 30, 17
1129+2023’’ and inserting ‘‘September 30, 2024’’: Provided, That 18
1130+such amount is designated by the Congress as being for an 19
1131+emergency requirement pursuant to section 251(b)(2)(A)(i) 20
1132+of the Balanced Budget and Emergency Deficit Control Act 21
1133+of 1985. 22 42
1134+•HR 815 EAH
1135+TITLE IV 1
1136+DEPARTMENT OF STATE AND RELATED AGENCY 2
1137+DEPARTMENT OF STATE 3
1138+A
1139+DMINISTRATION OFFOREIGNAFFAIRS 4
1140+DIPLOMATIC PROGRAMS 5
1141+For an additional amount for ‘‘Diplomatic Pro-6
1142+grams’’, $60,000,000, to remain available until September 7
1143+30, 2025, to respond to the situation in Ukraine and coun-8
1144+tries impacted by the situation in Ukraine: Provided, That 9
1145+such amount is designated by the Congress as being for an 10
1146+emergency requirement pursuant to section 251(b)(2)(A)(i) 11
1147+of the Balanced Budget and Emergency Deficit Control Act 12
1148+of 1985. 13
1149+OFFICE OF INSPECTOR GENERAL 14
1150+For an additional amount for ‘‘Office of Inspector 15
1151+General’’, $8,000,000, to remain available until September 16
1152+30, 2025: Provided, That such amount is designated by the 17
1153+Congress as being for an emergency requirement pursuant 18
1154+to section 251(b)(2)(A)(i) of the Balanced Budget and 19
1155+Emergency Deficit Control Act of 1985. 20 43
1156+•HR 815 EAH
1157+UNITED STATES AGENCY FOR INTERNATIONAL 1
1158+DEVELOPMENT 2
1159+F
1160+UNDSAPPROPRIATED TO THE PRESIDENT 3
1161+OPERATING EXPENSES 4
1162+For an additional amount for ‘‘Operating Expenses’’, 5
1163+$39,000,000, to remain available until September 30, 2025, 6
1164+to respond to the situation in Ukraine and countries im-7
1165+pacted by the situation in Ukraine: Provided, That such 8
1166+amount is designated by the Congress as being for an emer-9
1167+gency requirement pursuant to section 251(b)(2)(A)(i) of 10
1168+the Balanced Budget and Emergency Deficit Control Act 11
1169+of 1985. 12
1170+OFFICE OF INSPECTOR GENERAL 13
1171+For an additional amount for ‘‘Office of Inspector 14
1172+General’’, $10,000,000, to remain available until September 15
1173+30, 2025: Provided, That such amount is designated by the 16
1174+Congress as being for an emergency requirement pursuant 17
1175+to section 251(b)(2)(A)(i) of the Balanced Budget and 18
1176+Emergency Deficit Control Act of 1985. 19
1177+BILATERAL ECONOMIC ASSISTANCE 20
1178+F
1179+UNDSAPPROPRIATED TO THE PRESIDENT 21
1180+TRANSITION INITIATIVES 22
1181+For an additional amount for ‘‘Transition Initia-23
1182+tives’’, $25,000,000, to remain available until expended, for 24
1183+assistance for Ukraine and countries impacted by the situa-25 44
1184+•HR 815 EAH
1185+tion in Ukraine: Provided, That such amount is designated 1
1186+by the Congress as being for an emergency requirement pur-2
1187+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 3
1188+Emergency Deficit Control Act of 1985. 4
1189+ECONOMIC SUPPORT FUND 5
1190+For an additional amount for ‘‘Economic Support 6
1191+Fund’’, $7,899,000,000, to remain available until Sep-7
1192+tember 30, 2025: Provided, That of the total amount pro-8
1193+vided under this heading in this division, $7,849,000,000 9
1194+shall be for assistance for Ukraine, which may include 10
1195+budget support and which may be made available notwith-11
1196+standing any other provision of law that restricts assistance 12
1197+to foreign countries: Provided further, That none of the 13
1198+funds made available for budget support pursuant to the 14
1199+preceding proviso may be made available for the reimburse-15
1200+ment of pensions: Provided further, That of the total 16
1201+amount provided under this heading in this division, 17
1202+$50,000,000 shall be to prevent and respond to food insecu-18
1203+rity: Provided further, That such amount is designated by 19
1204+the Congress as being for an emergency requirement pursu-20
1205+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 21
1206+Emergency Deficit Control Act of 1985. 22
1207+ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA 23
1208+For an additional amount for ‘‘Assistance for Europe, 24
1209+Eurasia and Central Asia’’, $1,575,000,000, to remain 25 45
1210+•HR 815 EAH
1211+available until September 30, 2025, for assistance and re-1
1212+lated programs for Ukraine and other countries identified 2
1213+in section 3 of the FREEDOM Support Act (22 U.S.C. 3
1214+5801) and section 3(c) of the Support for East European 4
1215+Democracy (SEED) Act of 1989 (22 U.S.C. 5402(c)): Pro-5
1216+vided, That such amount is designated by the Congress as 6
1217+being for an emergency requirement pursuant to section 7
1218+251(b)(2)(A)(i) of the Balanced Budget and Emergency 8
1219+Deficit Control Act of 1985. 9
1220+INTERNATIONAL SECURITY ASSISTANCE 10
1221+D
1222+EPARTMENT OFSTATE 11
1223+INTERNATIONAL NARCOTICS CONTROL AND LAW 12
1224+ENFORCEMENT 13
1225+For an additional amount for ‘‘International Nar-14
1226+cotics Control and Law Enforcement’’, $300,000,000, to re-15
1227+main available until September 30, 2025, for assistance for 16
1228+Ukraine and countries impacted by the situation in 17
1229+Ukraine: Provided, That such funds may be made available 18
1230+to support the State Border Guard Service of Ukraine and 19
1231+National Police of Ukraine, including units supporting or 20
1232+under the command of the Armed Forces of Ukraine: Pro-21
1233+vided further, That such amount is designated by the Con-22
1234+gress as being for an emergency requirement pursuant to 23
1235+section 251(b)(2)(A)(i) of the Balanced Budget and Emer-24
1236+gency Deficit Control Act of 1985. 25 46
1237+•HR 815 EAH
1238+NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 1
1239+RELATED PROGRAMS 2
1240+For an additional amount for ‘‘Nonproliferation, 3
1241+Anti-terrorism, Demining and Related Programs’’, 4
1242+$100,000,000, to remain available until September 30, 5
1243+2025, for assistance for Ukraine and countries impacted by 6
1244+the situation in Ukraine: Provided, That not later than 60 7
1245+days after the date of enactment of this division, the Sec-8
1246+retary of State shall consult with the Committees on Appro-9
1247+priations on the prioritization of demining efforts and how 10
1248+such efforts will be coordinated with development activities: 11
1249+Provided further, That such amount is designated by the 12
1250+Congress as being for an emergency requirement pursuant 13
1251+to section 251(b)(2)(A)(i) of the Balanced Budget and 14
1252+Emergency Deficit Control Act of 1985. 15
1253+F
1254+UNDSAPPROPRIATED TO THE PRESIDENT 16
1255+FOREIGN MILITARY FINANCING PROGRAM 17
1256+For an additional amount for ‘‘Foreign Military Fi-18
1257+nancing Program’’, $1,600,000,000, to remain available 19
1258+until September 30, 2025, for assistance for Ukraine and 20
1259+countries impacted by the situation in Ukraine and for re-21
1260+lated expenses: Provided, That amounts made available 22
1261+under this heading in this division and unobligated bal-23
1262+ances of amounts made available under this heading in Acts 24
1263+making appropriations for the Department of State, foreign 25 47
1264+•HR 815 EAH
1265+operations, and related programs for fiscal year 2024 and 1
1266+prior fiscal years shall be available for the cost of loans 2
1267+and loan guarantees as authorized by section 2606 of the 3
1268+Ukraine Supplemental Appropriations Act, 2022 (division 4
1269+N of Public Law 117–103), subject to the terms and condi-5
1270+tions provided in such section, or as otherwise authorized 6
1271+by law: Provided further, That loan guarantees made using 7
1272+amounts described in the preceding proviso for loans fi-8
1273+nanced by the Federal Financing Bank may be provided 9
1274+notwithstanding any provision of law limiting the percent-10
1275+age of loan principal that may be guaranteed: Provided fur-11
1276+ther, That up to $5,000,000 of funds made available under 12
1277+this heading in this division, in addition to funds otherwise 13
1278+available for such purposes, may be used by the Department 14
1279+of State for necessary expenses for the general costs of ad-15
1280+ministering military assistance and sales, including man-16
1281+agement and oversight of such programs and activities: Pro-17
1282+vided further, That such amount is designated by the Con-18
1283+gress as being for an emergency requirement pursuant to 19
1284+section 251(b)(2)(A)(i) of the Balanced Budget and Emer-20
1285+gency Deficit Control Act of 1985. 21
1286+GENERAL PROVISIONS—THIS TITLE 22
1287+(INCLUDING TRANSFERS OF FUNDS) 23
1288+S
1289+EC. 401. During fiscal year 2024, section 506(a)(1) 24
1290+of the Foreign Assistance Act of 1961 (22 U.S.C. 25 48
1291+•HR 815 EAH
1292+2318(a)(1)) shall be applied by substituting 1
1293+‘‘$7,800,000,000’’ for ‘‘$100,000,000’’. 2
1294+S
1295+EC. 402. During fiscal year 2024, section 3
1296+506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 4
1297+U.S.C. 2318(a)(2)(B)) shall be applied by substituting 5
1298+‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the matter preceding 6
1299+clause (i), and by substituting ‘‘$150,000,000’’ for 7
1300+‘‘$75,000,000’’ in clause (i). 8
1301+S
1302+EC. 403. During fiscal year 2024, section 552(c)(2) 9
1303+of the Foreign Assistance Act of 1961 (22 U.S.C. 10
1304+2348a(c)(2)) shall be applied by substituting ‘‘$50,000,000’’ 11
1305+for ‘‘$25,000,000’’. 12
1306+S
1307+EC. 404. (a) Funds appropriated by this division 13
1308+under the headings ‘‘Economic Support Fund’’ and ‘‘Assist-14
1309+ance for Europe, Eurasia and Central Asia’’ to respond to 15
1310+the situation in Ukraine and in countries impacted by the 16
1311+situation in Ukraine may be transferred to, and merged 17
1312+with, funds made available under the headings ‘‘United 18
1313+States International Development Finance Corporation— 19
1314+Corporate Capital Account’’, ‘‘United States International 20
1315+Development Finance Corporation—Program Account’’, 21
1316+‘‘Export-Import Bank of the United States—Program Ac-22
1317+count’’, and ‘‘Trade and Development Agency’’ for such 23
1318+purpose. 24 49
1319+•HR 815 EAH
1320+(b) The transfer authority provided by this section is 1
1321+in addition to any other transfer authority provided by 2
1322+law, and is subject to prior consultation with, and the reg-3
1323+ular notification procedures of, the Committees on Appro-4
1324+priations. 5
1325+(c) Upon a determination that all or part of the funds 6
1326+transferred pursuant to the authority provided by this sec-7
1327+tion are not necessary for such purposes, such amounts may 8
1328+be transferred back to such appropriations. 9
1329+S
1330+EC. 405. Section 1705 of the Additional Ukraine 10
1331+Supplemental Appropriations Act, 2023 (division M of 11
1332+Public Law 117–328) shall apply to funds appropriated by 12
1333+this division under the heading ‘‘Economic Support Fund’’ 13
1334+for assistance for Ukraine. 14
1335+S
1336+EC. 406. None of the funds appropriated or otherwise 15
1337+made available by this title in this division may be made 16
1338+available for assistance for the Governments of the Russian 17
1339+Federation or Belarus, including entities owned or con-18
1340+trolled by such Governments. 19
1341+S
1342+EC. 407. (a) Section 2606 of the Ukraine Supple-20
1343+mental Appropriations Act, 2022 (division N of Public Law 21
1344+117–103) is amended as follows: 22
1345+(1) in subsection (a), by striking ‘‘and North Atlantic 23
1346+Treaty Organization (NATO) allies’’ and inserting ‘‘, North 24
1347+Atlantic Treaty Organization (NATO) allies, major non- 25 50
1348+•HR 815 EAH
1349+NATO allies, and the Indo-Pacific region’’; by striking 1
1350+‘‘$4,000,000,000’’ and inserting ‘‘$8,000,000,000’’; and by 2
1351+striking ‘‘, except that such rate may not be less than the 3
1352+prevailing interest rate on marketable Treasury securities 4
1353+of similar maturity’’; and 5
1354+(2) in subsection (b), by striking ‘‘and NATO allies’’ 6
1355+and inserting ‘‘, NATO allies, major non-NATO allies, and 7
1356+the Indo-Pacific region’’; by striking ‘‘$4,000,000,000’’ and 8
1357+inserting ‘‘$8,000,000,000’’; and by inserting at the end of 9
1358+the second proviso ‘‘except for guarantees of loans by the 10
1359+Federal Financing Bank’’. 11
1360+(b) Funds made available for the costs of direct loans 12
1361+and loan guarantees for major non-NATO allies and the 13
1362+Indo-Pacific region pursuant to section 2606 of division N 14
1363+of Public Law 117–103, as amended by subsection (a), may 15
1364+only be made available from funds appropriated by this di-16
1365+vision under the heading ‘‘Foreign Military Financing Pro-17
1366+gram’’ and available balances from under such heading in 18
1367+prior Acts making appropriations for the Department of 19
1368+State, foreign operations, and related programs: Provided, 20
1369+That such funds may only be made available if the Sec-21
1370+retary of State certifies and reports to the appropriate con-22
1371+gressional committees, not less than 15 days prior to the 23
1372+obligation of such funds, that such direct loan or loan guar-24
1373+antee is in the national security interest of the United 25 51
1374+•HR 815 EAH
1375+States, is being provided in response to exigent cir-1
1376+cumstances, is addressing a mutually agreed upon emer-2
1377+gency requirement of the recipient country, and the recipi-3
1378+ent country has a plan to repay such loan: Provided further, 4
1379+That not less than 60 days after the date of enactment of 5
1380+this division, the Secretary of State shall consult with such 6
1381+committees on the implementation of this subsection. 7
1382+(c) Amounts repurposed pursuant to this section that 8
1383+were previously designated by the Congress as an emergency 9
1384+requirement pursuant to a concurrent resolution on the 10
1385+Budget are designated as an emergency requirement pursu-11
1386+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 12
1387+Emergency Deficit Control Act of 1985. 13
1388+S
1389+EC. 408. Funds appropriated under the headings 14
1390+‘‘Economic Support Fund’’ and ‘‘Assistance for Europe, 15
1391+Eurasia and Central Asia’’ in this title in this division 16
1392+may be made available as contributions, following consulta-17
1393+tion with the Committees on Appropriations. 18
1394+S
1395+EC. 409. Prior to the initial obligation of funds made 19
1396+available in this title in this division, but not later than 20
1397+15 days after the date of enactment of this division, the 21
1398+Secretary of State and USAID Administrator, as appro-22
1399+priate, shall submit to the Committees on Appropriations— 23
1400+(1) spend plans, as defined in section 7034(s)(4) 24
1401+of the Department of State, Foreign Operations, and 25 52
1402+•HR 815 EAH
1403+Related Programs Appropriations Act, 2023 (division 1
1404+K of Public Law 117–328), at the country, account, 2
1405+and program level, for funds appropriated by this di-3
1406+vision under the headings ‘‘Economic Support Fund’’, 4
1407+‘‘Transition Initiatives’’, ‘‘Assistance for Europe, 5
1408+Eurasia and Central Asia’’, ‘‘International Narcotics 6
1409+Control and Law Enforcement’’, ‘‘Nonproliferation, 7
1410+Anti-terrorism, Demining and Related Programs’’, 8
1411+and ‘‘Foreign Military Financing Program’’: Pro-9
1412+vided, That plans submitted pursuant to this para-10
1413+graph shall include for each program notified—(A) 11
1414+total funding made available for such program, by ac-12
1415+count and fiscal year; (B) funding that remains un-13
1416+obligated for such program from prior year base or 14
1417+supplemental appropriations; (C) funding that is ob-15
1418+ligated but unexpended for such program; and (D) 16
1419+funding committed, but not yet notified for such pro-17
1420+gram; and 18
1421+(2) operating plans, as defined in section 7062 19
1422+of the Department of State, Foreign Operations, and 20
1423+Related Programs Appropriations Act, 2023 (division 21
1424+K of Public Law 117–328), for funds appropriated by 22
1425+this title under the headings ‘‘Diplomatic Programs’’ 23
1426+and ‘‘Operating Expenses’’. 24 53
1427+•HR 815 EAH
1428+TITLE V 1
1429+GENERAL PROVISIONS—THIS DIVISION 2
1430+S
1431+EC. 501. Each amount appropriated or made avail-3
1432+able by this division is in addition to amounts otherwise 4
1433+appropriated for the fiscal year involved. 5
1434+S
1435+EC. 502. No part of any appropriation contained in 6
1436+this division shall remain available for obligation beyond 7
1437+the current fiscal year unless expressly so provided herein. 8
1438+S
1439+EC. 503. Unless otherwise provided for by this divi-9
1440+sion, the additional amounts appropriated by this division 10
1441+to appropriations accounts shall be available under the au-11
1442+thorities and conditions applicable to such appropriations 12
1443+accounts for fiscal year 2024. 13
1444+S
1445+EC. 504. Not later than 45 days after the date of en-14
1446+actment of this division, the Secretary of State and the Sec-15
1447+retary of Defense, in consultation with the heads of other 16
1448+relevant Federal agencies, as appropriate, shall submit to 17
1449+the Committees on Appropriations, Armed Services, and 18
1450+Foreign Relations of the Senate and the Committees on Ap-19
1451+propriations, Armed Services, and Foreign Affairs of the 20
1452+House of Representatives a strategy regarding United 21
1453+States support for Ukraine against aggression by the Rus-22
1454+sian Federation: Provided, That such strategy shall be 23
1455+multi-year, establish specific and achievable objectives, de-24
1456+fine and prioritize United States national security inter-25 54
1457+•HR 815 EAH
1458+ests, and include the metrics to be used to measure progress 1
1459+in achieving such objectives: Provided further, That such 2
1460+strategy shall include an estimate, on a fiscal year-by-fiscal 3
1461+year basis, of the resources required by the United States 4
1462+to achieve such objectives, including to help hasten Ukrain-5
1463+ian victory against Russia’s invasion forces in a manner 6
1464+most favorable to United States interests and objectives, and 7
1465+a description of the national security implications for the 8
1466+United States if those objectives are not met: Provided fur-9
1467+ther, That such strategy shall describe how each specific as-10
1468+pect of U.S. assistance, including defense articles and U.S. 11
1469+foreign assistance, is intended at the tactical, operational, 12
1470+and strategic level to help Ukraine end the conflict as a 13
1471+democratic, independent, and sovereign country capable of 14
1472+deterring and defending its territory against future aggres-15
1473+sion: Provided further, That such strategy shall include a 16
1474+classified independent assessment from the Commander, 17
1475+U.S. European Command, describing any specific defense 18
1476+articles and services not yet provided to Ukraine that would 19
1477+result in meaningful battlefield gains in alignment with the 20
1478+strategy: Provided further, That such strategy shall include 21
1479+a classified assessment from the Chairman of the Joint 22
1480+Chiefs of Staff that the provision of specific defense articles 23
1481+and services provided to Ukraine does not pose significant 24
1482+risk to the defense capabilities of the United States military: 25 55
1483+•HR 815 EAH
1484+Provided further, That the Under Secretary of Defense for 1
1485+Acquisition & Sustainment in coordination with the Direc-2
1486+tor, Cost Assessment and Program Evaluation provide an 3
1487+assessment of the executability and a production schedule 4
1488+for any specific defense articles recommended by the Com-5
1489+mander, U.S. European Command that require procure-6
1490+ment: Provided further, That such strategy shall include in-7
1491+formation on support to the Government of the Russian 8
1492+Federation from the Islamic Republic of Iran, the People’s 9
1493+Republic of China, and the Democratic People’s Republic 10
1494+of Korea, related to the Russian campaign in Ukraine, and 11
1495+its impact on such strategy: Provided further, That such 12
1496+strategy shall be updated not less than quarterly, as appro-13
1497+priate, until September 30, 2025, and such updates shall 14
1498+be submitted to such committees: Provided further, That un-15
1499+less otherwise specified by this section, such strategy shall 16
1500+be submitted in unclassified form but may include a classi-17
1501+fied annex. 18
1502+S
1503+EC. 505. (a) TRANSFER OFLONG-RANGEATACMS 19
1504+R
1505+EQUIRED.—As soon as practicable after the date of enact-20
1506+ment of this division, the President shall transfer long range 21
1507+Army Tactical Missile Systems to the Government of 22
1508+Ukraine to assist the Government of Ukraine in defending 23
1509+itself and achieving victory against the Russian Federation. 24 56
1510+•HR 815 EAH
1511+(b) NOTIFICATION.—If the President determines that 1
1512+executing the transfer of long-range Army Tactical Missile 2
1513+Systems to the Government of Ukraine pursuant to sub-3
1514+section (a) would be detrimental to the national security 4
1515+interests of the United States, the President may withhold 5
1516+such transfer and shall notify the congressional defense com-6
1517+mittees, the Committees on Appropriations and Foreign Re-7
1518+lations of the Senate, and the Committees on Appropria-8
1519+tions and Foreign Affairs of the House of Representatives 9
1520+of such determination. 10
1521+S
1522+EC. 506. (a) IN-PERSONMONITORING.—The Sec-11
1523+retary of State shall, to the maximum extent practicable, 12
1524+ensure that funds appropriated by this division under the 13
1525+headings ‘‘Economic Support Fund’’, ‘‘Assistance for Eu-14
1526+rope, Eurasia and Central Asia’’, ‘‘International Narcotics 15
1527+Control and Law Enforcement’’, and ‘‘Nonproliferation, 16
1528+Anti-terrorism, Demining and Related Programs’’ and 17
1529+made available for project-based assistance for Ukraine are 18
1530+subject to in-person monitoring by United States personnel 19
1531+or by vetted third party monitors. 20
1532+(b) C
1533+ERTIFICATION.—Not later than 15 days prior to 21
1534+the initial obligation of funds appropriated by this division 22
1535+and made available for assistance for Ukraine under the 23
1536+headings ‘‘Economic Support Fund’’, ‘‘Assistance for Eu-24
1537+rope, Eurasia and Central Asia’’, ‘‘International Narcotics 25 57
1538+•HR 815 EAH
1539+Control and Law Enforcement’’, ‘‘Nonproliferation, Anti- 1
1540+terrorism, Demining and Related Programs’’, and ‘‘Foreign 2
1541+Military Financing Program’’, the Secretary of State and 3
1542+the USAID Administrator shall jointly certify and report 4
1543+to the appropriate congressional committees that mecha-5
1544+nisms for monitoring and oversight of funds are in place 6
1545+and functioning to ensure accountability of such funds to 7
1546+prevent waste, fraud, abuse, diversion, and corruption, in-8
1547+cluding mechanisms such as use of third party monitors, 9
1548+enhanced end-use monitoring, external and independent au-10
1549+dits and evaluations, randomized spot checks, and regular 11
1550+reporting on outcomes achieved and progress made toward 12
1551+stated program objectives, consistent with the strategy re-13
1552+quired by section 504 of this title: Provided, That section 14
1553+7015(e) of Public Law 118–47 shall apply to the certifi-15
1554+cation requirement of this subsection. 16
1555+(c) C
1556+OSTMATCHING.—Funds appropriated by this di-17
1557+vision and prior Acts for fiscal year 2024 under the head-18
1558+ings ‘‘Economic Support Fund’’ and ‘‘Assistance for Eu-19
1559+rope, Eurasia and Central Asia’’ that are made available 20
1560+for contributions to the Government of Ukraine may not 21
1561+exceed 50 percent of the total amount provided for such as-22
1562+sistance by all donors: Provided, That the President may 23
1563+waive the limitation in this subsection if the President de-24
1564+termines and reports to the appropriate congressional com-25 58
1565+•HR 815 EAH
1566+mittees that to do so is in the national security interest 1
1567+of the United States, including a detailed justification for 2
1568+such determination and an explanation as to why other do-3
1569+nors to the Government of Ukraine are unable to meet or 4
1570+exceed such level: Provided further, That following such de-5
1571+termination, the President shall submit a report to the 6
1572+Speaker and Minority Leader of the House of Representa-7
1573+tives, the Majority and Minority Leaders of the Senate, and 8
1574+the appropriate congressional committees every 120 days 9
1575+while assistance is provided in reliance on the determina-10
1576+tion under the previous proviso detailing steps taken by the 11
1577+Department of State to increase other donor contributions 12
1578+and an update on the status of such contributions: Provided 13
1579+further, That the requirements of this subsection shall con-14
1580+tinue in effect until such funds are expended. 15
1581+S
1582+EC. 507. (a) ARRANGEMENTREQUIRED.—Notwith-16
1583+standing any other provision of law, not later than 60 days 17
1584+after the date of the enactment of this division, the President 18
1585+shall enter into an arrangement with the Government of 19
1586+Ukraine relating to the repayment by Ukraine to the United 20
1587+States of economic assistance provided to Ukraine by the 21
1588+United States to respond to the situation in Ukraine, and 22
1589+for related expenses, that are made available under the 23
1590+headings ‘‘Economic Support Fund’’ and ‘‘Assistance for 24 59
1591+•HR 815 EAH
1592+Europe, Eurasia and Central Asia’’ in title IV of this divi-1
1593+sion. 2
1594+(b) T
1595+ERMS.—Repayment required by the arrangement 3
1596+required by subsection (a) shall be at terms to be set by 4
1597+the President. 5
1598+(c) L
1599+IMITATION ONARRANGEMENTTERMS.—The ar-6
1600+rangement required pursuant to subsection (a) may not 7
1601+provide for the cancellation of any or all amounts of indebt-8
1602+edness except as provided in subsection (d). 9
1603+(d) C
1604+ANCELLATION OFINDEBTEDNESS.— 10
1605+(1) The President may not before November 15, 11
1606+2024 take any action related to the indebtedness of the 12
1607+Government of Ukraine that cancels any indebtedness 13
1608+incurred by Ukraine pursuant to this section. 14
1609+(2) At any time after November 15, 2024, the 15
1610+President may, subject to congressional review pro-16
1611+vided by section 508, cancel up to 50 percent of the 17
1612+total indebtedness incurred by Ukraine or anticipated 18
1613+to be incurred by Ukraine with respect to economic 19
1614+assistance and related expenses made available under 20
1615+the headings ‘‘Economic Support Fund’’ and ‘‘Assist-21
1616+ance for Europe, Eurasia and Central Asia’’ in title 22
1617+IV of this division. Upon completion of the congres-23
1618+sional review process set forth in section 508, such 24
1619+cancellation shall be final and irrevocable. 25 60
1620+•HR 815 EAH
1621+(3) The President may, subject to congressional 1
1622+review provided by section 508, cancel any remaining 2
1623+indebtedness to the government of Ukraine under this 3
1624+section at any time after January 1, 2026. Upon 4
1625+completion of the congressional review process set 5
1626+forth in section 508, such cancellation shall be final 6
1627+and irrevocable. 7
1628+S
1629+EC. 508. (a) REPORTREQUIRED.— 8
1630+(1) I
1631+NGENERAL.—Notwithstanding any other provi-9
1632+sion of law, before taking any action described in para-10
1633+graph (2), the President shall submit to Congress a written 11
1634+report that describes that action and the reason for that 12
1635+action. 13
1636+(2) A
1637+CTIONDESCRIBED.—An action described in this 14
1638+paragraph is an action related to the indebtedness of the 15
1639+Government of Ukraine authorized by section 507(d)(1). 16
1640+(b) C
1641+ONGRESSIONALREVIEWPERIOD.— 17
1642+(1) 2024.—During calendar year 2024, if the Presi-18
1643+dent submits to Congress a report under subsection (a)(1), 19
1644+the President may not take any action with respect to the 20
1645+indebtedness of the Government of Ukraine until the earlier 21
1646+of— 22
1647+(A) the date that is 10 calendar days after the 23
1648+date of such submission; or 24 61
1649+•HR 815 EAH
1650+(B) the date on which Congress has considered 1
1651+and failed to pass a joint resolution of disapproval, 2
1652+as provided in this section. 3
1653+(2) S
1654+UCCEEDINGYEARS.— 4
1655+(A) I
1656+N GENERAL.—During calendar year 2025 5
1657+or any calendar year thereafter, if the President sub-6
1658+mits to Congress a report under subsection (a)(1), the 7
1659+President may not take any action with respect to the 8
1660+indebtedness of the Government of Ukraine until the 9
1661+earlier of— 10
1662+(i) the date that is 30 calendar days after 11
1663+the date of such submission, except as provided 12
1664+in subparagraph (B); or 13
1665+(ii) the date on which Congress has consid-14
1666+ered and failed to pass a joint resolution of dis-15
1667+approval, as provided in this section. 16
1668+(B) E
1669+XCEPTION.—The period for congressional 17
1670+review of a report submitted under subsection (a)(1) 18
1671+shall be 60 calendar days if the report is submitted 19
1672+to Congress on or after July 10 and on or before Sep-20
1673+tember 7 in any calendar year. 21
1674+(3) V
1675+ETOMESSAGE.—If the President vetoes a joint 22
1676+resolution of disapproval, he may not take any action with 23
1677+respect to the indebtedness of Ukraine for 5 calendar days 24 62
1678+•HR 815 EAH
1679+after the veto message is received by the appropriate House 1
1680+of Congress. 2
1681+(c) J
1682+OINTRESOLUTION OFDISAPPROVAL.—In this sec-3
1683+tion, the term ‘‘joint resolution’’ means only a joint resolu-4
1684+tion— 5
1685+(1) that is introduced not later than 3 calendar days 6
1686+after the date on which a report of the President referred 7
1687+to in subsection (a)(1) is received by Congress; 8
1688+(2) which does not have a preamble; 9
1689+(3) the title of which is as follows: ‘‘Joint resolution 10
1690+relating to the disapproval of the Presidential report with 11
1691+respect to the indebtedness of the Government of Ukraine’’; 12
1692+and 13
1693+(4) the matter after the resolving clause of which is 14
1694+as follows: ‘‘That Congress disapproves the proposal relating 15
1695+to the indebtedness of the Government of Ukraine submitted 16
1696+by the President of the United States to Congress on 17
1697+lllll ’’, with the blank space filled with the appro-18
1698+priate date of submission of the report under subsection 19
1699+(a)(1). 20
1700+(d) F
1701+AST-TRACKCONSIDERATION INHOUSE OFREP-21
1702+RESENTATIVES.— 22
1703+(1) R
1704+EPORTING ANDDISCHARGE.—Any committee of 23
1705+the House of Representatives to which a joint resolution is 24
1706+referred shall report the joint resolution to the House of 25 63
1707+•HR 815 EAH
1708+Representatives not later than 5 calendar days after the 1
1709+date on which Congress receives the report described in sub-2
1710+section (a)(1). If a committee fails to report the joint resolu-3
1711+tion within that period, the committee shall be discharged 4
1712+from further consideration of the joint resolution and the 5
1713+joint resolution shall be referred to the appropriate cal-6
1714+endar. 7
1715+(2) P
1716+ROCEEDING TO CONSIDERATION.—After each 8
1717+committee authorized to consider a joint resolution reports 9
1718+the joint resolution to the House of Representatives or has 10
1719+been discharged from its consideration, it shall be in order, 11
1720+not later than the 6th calendar day after the date on which 12
1721+Congress receives the report described in subsection (a)(1), 13
1722+to move to proceed to consider the joint resolution in the 14
1723+House of Representatives. All points of order against the 15
1724+motion are waived. Such a motion shall not be in order 16
1725+after the House of Representatives has disposed of a motion 17
1726+to proceed on the joint resolution. The previous question 18
1727+shall be considered as ordered on the motion to its adoption 19
1728+without intervening motion. The motion shall not be debat-20
1729+able. A motion to reconsider the vote by which the motion 21
1730+is disposed of shall not be in order. 22
1731+(3) C
1732+ONSIDERATION.—The joint resolution shall be 23
1733+considered as read. All points of order against the joint reso-24
1734+lution and against its consideration are waived. The pre-25 64
1735+•HR 815 EAH
1736+vious question shall be considered as ordered on the joint 1
1737+resolution to its passage without intervening motion except 2
1738+two hours of debate equally divided and controlled by the 3
1739+proponent and an opponent. A motion to reconsider the vote 4
1740+on passage of the joint resolution shall not be in order. 5
1741+(e) F
1742+AST-TRACKCONSIDERATION INSENATE.— 6
1743+(1) P
1744+LACEMENT ONCALENDAR.—Upon introduction 7
1745+in the Senate, the joint resolution shall be placed imme-8
1746+diately on the calendar. 9
1747+(2) F
1748+LOORCONSIDERATION.— 10
1749+(A) I
1750+N GENERAL.—It shall not be in order to 11
1751+move to proceed to a joint resolution that has been 12
1752+placed on the calendar pursuant to paragraph (1) un-13
1753+less a motion signed by 16 Senators has been pre-14
1754+sented to the Senate. Thereafter, notwithstanding Rule 15
1755+XXII of the Standing Rules of the Senate, it is in 16
1756+order, during the periods described in subparagraph 17
1757+(B) (even though a previous motion to the same effect 18
1758+has been disagreed to), for any Senator to move to 19
1759+proceed to the consideration of the joint resolution, 20
1760+and all points of order against the joint resolution 21
1761+(and against consideration of the joint resolution) are 22
1762+waived. The motion to proceed is not debatable. The 23
1763+motion is not subject to a motion to postpone. A mo-24
1764+tion to reconsider the vote by which the motion is 25 65
1765+•HR 815 EAH
1766+agreed to or disagreed to shall not be in order. If a 1
1767+motion to proceed to the consideration of the joint res-2
1768+olution is agreed to, the joint resolution shall remain 3
1769+the unfinished business until disposed of. 4
1770+(B) P
1771+ERIODS DESCRIBED .—The periods de-5
1772+scribed in this subparagraph are the following: 6
1773+(i) During calendar year 2024, the period 7
1774+beginning on the day after the date on which the 8
1775+joint resolution was placed on the calendar and 9
1776+ending on the 4th day after the date on which 10
1777+the joint resolution was placed on the calendar. 11
1778+(ii) During succeeding years under sub-12
1779+section (b)(2)(A), the period beginning on the 13
1780+day after the date on which the joint resolution 14
1781+was placed on the calendar and ending 20 cal-15
1782+endar days later. 16
1783+(iii) During succeeding years under sub-17
1784+section (b)(2)(B), the period beginning on the 18
1785+day after the date on which the joint resolution 19
1786+was placed on the calendar and ending 50 cal-20
1787+endar days later. 21
1788+(C) D
1789+EBATE.—Debate on the joint resolution, 22
1790+and on all debatable motions and appeals in connec-23
1791+tion therewith, shall be limited to not more than 10 24
1792+hours, which shall be divided equally between the ma-25 66
1793+•HR 815 EAH
1794+jority and minority leaders or their designees. A mo-1
1795+tion further to limit debate is in order and not debat-2
1796+able. An amendment to, or a motion to postpone, or 3
1797+a motion to proceed to the consideration of other busi-4
1798+ness, or a motion to recommit the joint resolution is 5
1799+not in order. 6
1800+(D) V
1801+OTE ON PASSAGE.—The vote on passage 7
1802+shall occur immediately following the conclusion of 8
1803+the debate on a joint resolution and a single quorum 9
1804+call at the conclusion of the debate if requested in ac-10
1805+cordance with the rules of the Senate. 11
1806+(E) R
1807+ULINGS OF THE CHAIR ON PROCEDURE .— 12
1808+Appeals from the decisions of the Chair relating to the 13
1809+application of the rules of the Senate, as the case may 14
1810+be, to the procedure relating to a joint resolution shall 15
1811+be decided without debate. 16
1812+(F) O
1813+NE JOINT RESOLUTION OF DISAPPROVAL 17
1814+PER REVIEW PERIOD.—Only one joint resolution shall 18
1815+be in order during each of the review periods de-19
1816+scribed in subsection (b), unless the additional joint 20
1817+resolution is a joint resolution of the House of Rep-21
1818+resentatives considered under paragraph (2) or (3) of 22
1819+subsection (f). 23
1820+(f) R
1821+ULESRELATING TOSENATE ANDHOUSE OFREP-24
1822+RESENTATIVES.— 25 67
1823+•HR 815 EAH
1824+(1) COORDINATION WITHACTION BY OTHER 1
1825+H
1826+OUSE.—If, before the passage by one House of a joint reso-2
1827+lution of that House, that House receives from the other 3
1828+House a joint resolution, then the following procedures shall 4
1829+apply: 5
1830+(A) The joint resolution of the other House shall 6
1831+not be referred to a committee. 7
1832+(B) With respect to a joint resolution of the 8
1833+House receiving the resolution— 9
1834+(i) the procedure in that House shall be the 10
1835+same as if no joint resolution had been received 11
1836+from the other House; but 12
1837+(ii) the vote on passage shall be on the joint 13
1838+resolution of the other House. 14
1839+(2) T
1840+REATMENT OF JOINTRESOLUTION OFOTHER 15
1841+H
1842+OUSE.—If one House fails to introduce or consider a joint 16
1843+resolution under this section, the joint resolution of the other 17
1844+House shall be entitled to expedited floor procedures under 18
1845+this section. 19
1846+(3) T
1847+REATMENT OFCOMPANIONMEASURES.—If, fol-20
1848+lowing passage of the joint resolution in the Senate, the 21
1849+Senate then receives the companion measure from the House 22
1850+of Representatives, the companion measure shall not be de-23
1851+batable. 24
1852+(4) C
1853+ONSIDERATIONAFTERPASSAGE.— 25 68
1854+•HR 815 EAH
1855+(A) IN GENERAL.—If Congress passes a joint res-1
1856+olution, the period beginning on the date on which the 2
1857+President is presented with the joint resolution and 3
1858+ending on the date on which the President takes ac-4
1859+tion with respect to the joint resolution shall be dis-5
1860+regarded in computing the 10-, 30-, or 60-calendar- 6
1861+day period described in subsection (b), but the Presi-7
1862+dent may not take any action with respect to the in-8
1863+debtedness of the Government of Ukraine during any 9
1864+such period. 10
1865+(B) V
1866+ETOES.—If the President vetoes the joint 11
1867+resolution, debate on a veto message in the Senate 12
1868+under this section shall be 1 hour equally divided be-13
1869+tween the majority and minority leaders or their des-14
1870+ignees. 15
1871+(5) R
1872+ULES OFHOUSE OFREPRESENTATIVES AND 16
1873+S
1874+ENATE.—This subsection and subsections (c), (d), and (e) 17
1875+are enacted by Congress— 18
1876+(A) as an exercise of the rulemaking power of the 19
1877+Senate and House of Representatives, respectively, 20
1878+and as such are deemed a part of the rules of each 21
1879+House, respectively, but applicable only with respect 22
1880+to the procedure to be followed in that House in the 23
1881+case of a joint resolution, and supersede other rules 24 69
1882+•HR 815 EAH
1883+only to the extent that they are inconsistent with such 1
1884+rules; and 2
1885+(B) with full recognition of the constitutional 3
1886+right of either House to change the rules (so far as re-4
1887+lating to the procedure of that House) at any time, 5
1888+in the same manner, and to the same extent as in the 6
1889+case of any other rule of that House. 7
1890+S
1891+EC. 509. Funds appropriated by this division for for-8
1892+eign assistance (including foreign military sales), for the 9
1893+Department of State, for broadcasting subject to supervision 10
1894+of United States Agency for Global Media, and for intel-11
1895+ligence or intelligence related activities are deemed to be 12
1896+specifically authorized by the Congress for the purposes of 13
1897+section 10 of Public Law 91–672 (22 U.S.C. 2412), section 14
1898+15 of the State Department Basic Authorities Act of 1956 15
1899+(22 U.S.C. 2680), section 313 of the Foreign Relations Au-16
1900+thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 17
1901+6212), and section 504(a)(1) of the National Security Act 18
1902+of 1947 (50 U.S.C. 3094(a)(1)). 19
1903+S
1904+EC. 510. Each amount designated in this division by 20
1905+the Congress as being for an emergency requirement pursu-21
1906+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 22
1907+Emergency Deficit Control Act of 1985 shall be available 23
1908+(or repurposed or rescinded, if applicable) only if the Presi-24 70
1909+•HR 815 EAH
1910+dent subsequently so designates all such amounts and trans-1
1911+mits such designations to the Congress. 2
1912+S
1913+EC. 511. Any amount appropriated by this division, 3
1914+designated by the Congress as an emergency requirement 4
1915+pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 5
1916+and Emergency Deficit Control Act of 1985, and subse-6
1917+quently so designated by the President, and transferred pur-7
1918+suant to transfer authorities provided by this division shall 8
1919+retain such designation. 9
1920+SPENDING REDUCTION ACCOUNT 10
1921+S
1922+EC. 512. $0. 11
1923+This division may be cited as the ‘‘Ukraine Security 12
1924+Supplemental Appropriations Act, 2024’’. 13
1925+DIVISION C—INDO-PACIFIC SE-14
1926+CURITY SUPPLEMENTAL AP-15
1927+PROPRIATIONS ACT, 2024 16
1928+That the following sums are appropriated, out of any 17
1929+money in the Treasury not otherwise appropriated, for the 18
1930+fiscal year ending September 30, 2024, and for other pur-19
1931+poses, namely: 20
1932+TITLE I 21
1933+DEPARTMENT OF DEFENSE 22
1934+OPERATION AND MAINTENANCE 23
1935+O
1936+PERATION ANDMAINTENANCE, NAVY 24
1937+For an additional amount for ‘‘Operation and Mainte-25
1938+nance, Navy’’, $557,758,000, to remain available until Sep-26 71
1939+•HR 815 EAH
1940+tember 30, 2024, to support improvements to the submarine 1
1941+industrial base and for related expenses: Provided, That 2
1942+such amount is designated by the Congress as being for an 3
1943+emergency requirement pursuant to section 251(b)(2)(A)(i) 4
1944+of the Balanced Budget and Emergency Deficit Control Act 5
1945+of 1985. 6
1946+O
1947+PERATION ANDMAINTENANCE, DEFENSE-WIDE 7
1948+(INCLUDING TRANSFERS OF FUNDS) 8
1949+For an additional amount for ‘‘Operation and Mainte-9
1950+nance, Defense-Wide’’, $1,900,000,000, to remain available 10
1951+until September 30, 2025, to respond to the situation in 11
1952+Taiwan and for related expenses: Provided, That such funds 12
1953+may be transferred to accounts under the headings ‘‘Oper-13
1954+ation and Maintenance’’, ‘‘Procurement’’, and ‘‘Revolving 14
1955+and Management Funds’’ for replacement, through new 15
1956+procurement or repair of existing unserviceable equipment, 16
1957+of defense articles from the stocks of the Department of De-17
1958+fense, and for reimbursement for defense services of the De-18
1959+partment of Defense and military education and training, 19
1960+provided to Taiwan or identified and notified to Congress 20
1961+for provision to Taiwan or to foreign countries that have 21
1962+provided support to Taiwan at the request of the United 22
1963+States: Provided further, That funds transferred pursuant 23
1964+to the preceding proviso shall be merged with and available 24
1965+for the same purposes and for the same time period as the 25 72
1966+•HR 815 EAH
1967+appropriations to which the funds are transferred: Provided 1
1968+further, That the Secretary of Defense shall notify the con-2
1969+gressional defense committees of the details of such transfers 3
1970+not less than 15 days before any such transfer: Provided 4
1971+further, That upon a determination that all or part of the 5
1972+funds transferred from this appropriation are not necessary 6
1973+for the purposes provided herein, such amounts may be 7
1974+transferred back and merged with this appropriation: Pro-8
1975+vided further, That any transfer authority provided herein 9
1976+is in addition to any other transfer authority provided by 10
1977+law: Provided further, That such amount is designated by 11
1978+the Congress as being for an emergency requirement pursu-12
1979+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 13
1980+Emergency Deficit Control Act of 1985. 14
1981+PROCUREMENT 15
1982+S
1983+HIPBUILDING ANDCONVERSION, NAVY 16
1984+For an additional amount for ‘‘Shipbuilding and Con-17
1985+version, Navy’’, $2,155,000,000, to remain available until 18
1986+September 30, 2028, to support improvements to the sub-19
1987+marine industrial base and for related expenses: Provided, 20
1988+That of the total amount provided under this heading in 21
1989+this division, funds shall be available as follows: 22
1990+Columbia Class Submarine (AP), 23
1991+$1,955,000,000; and 24
1992+Virginia Class Submarine (AP), $200,000,000: 25 73
1993+•HR 815 EAH
1994+Provided further, That such amount is designated by the 1
1995+Congress as being for an emergency requirement pursuant 2
1996+to section 251(b)(2)(A)(i) of the Balanced Budget and 3
1997+Emergency Deficit Control Act of 1985. 4
1998+O
1999+THERPROCUREMENT, NAVY 5
2000+For an additional amount for ‘‘Other Procurement, 6
2001+Navy’’, $293,570,000, to remain available until September 7
2002+30, 2026, to support improvements to the submarine indus-8
2003+trial base and for related expenses: Provided, That such 9
2004+amount is designated by the Congress as being for an emer-10
2005+gency requirement pursuant to section 251(b)(2)(A)(i) of 11
2006+the Balanced Budget and Emergency Deficit Control Act 12
2007+of 1985. 13
2008+D
2009+EFENSEPRODUCTIONACTPURCHASES 14
2010+For an additional amount for ‘‘Defense Production Act 15
2011+Purchases’’, $132,600,000, to remain available until ex-16
2012+pended, for activities by the Department of Defense pursu-17
2013+ant to sections 108, 301, 302, and 303 of the Defense Pro-18
2014+duction Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 19
2015+4533): Provided, That such amounts shall be obligated and 20
2016+expended by the Secretary of Defense as if delegated the nec-21
2017+essary authorities conferred by the Defense Production Act 22
2018+of 1950: Provided further, That such amount is designated 23
2019+by the Congress as being for an emergency requirement pur-24 74
2020+•HR 815 EAH
2021+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 1
2022+Emergency Deficit Control Act of 1985. 2
2023+RESEARCH, DEVELOPMENT, TEST AND 3
2024+EVALUATION 4
2025+R
2026+ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, NAVY 5
2027+For an additional amount for ‘‘Research, Develop-6
2028+ment, Test and Evaluation, Navy’’, $7,000,000, to remain 7
2029+available until September 30, 2025, to support improve-8
2030+ments to the submarine industrial base and for related ex-9
2031+penses: Provided, That such amount is designated by the 10
2032+Congress as being for an emergency requirement pursuant 11
2033+to section 251(b)(2)(A)(i) of the Balanced Budget and 12
2034+Emergency Deficit Control Act of 1985. 13
2035+GENERAL PROVISIONS—THIS TITLE 14
2036+S
2037+EC. 101. For an additional amount for the Depart-15
2038+ment of Defense, $542,400,000, to remain available until 16
2039+September 30, 2024, for transfer to operation and mainte-17
2040+nance accounts, procurement accounts, and research, devel-18
2041+opment, test and evaluation accounts, in addition to 19
2042+amounts otherwise made available for such purpose, only 20
2043+for unfunded priorities of the United States Indo-Pacific 21
2044+Command for fiscal year 2024 (as submitted to Congress 22
2045+pursuant to section 1105 of title 31, United States Code): 23
2046+Provided, That none of the funds provided under this sec-24
2047+tion may be obligated or expended until 30 days after the 25 75
2048+•HR 815 EAH
2049+Secretary of Defense, through the Under Secretary of De-1
2050+fense (Comptroller), provides the Committees on Appropria-2
2051+tions of the House of Representatives and the Senate a de-3
2052+tailed execution plan for such funds: Provided further, That 4
2053+not less than 15 days prior to any transfer of funds, the 5
2054+Secretary of Defense shall notify the congressional defense 6
2055+committees of the details of any such transfer: Provided fur-7
2056+ther, That upon transfer, the funds shall be merged with 8
2057+and available for the same purposes, and for the same time 9
2058+period, as the appropriation to which transferred: Provided 10
2059+further, That any transfer authority provided herein is in 11
2060+addition to any other transfer authority provided by law: 12
2061+Provided further, That such amount is designated by the 13
2062+Congress as being for an emergency requirement pursuant 14
2063+to section 251(b)(2)(A)(i) of the Balanced Budget and 15
2064+Emergency Deficit Control Act of 1985. 16
2065+TITLE II 17
2066+DEPARTMENT OF DEFENSE 18
5952067 M
596-ILITARYPERSONNEL, ARMY
597-For an additional amount for ‘‘Military Personnel, Army’’,
598-$207,158,000, to remain available until December 31, 2024, to
599-respond to the situation in Ukraine and for related expenses: Pro-
600-vided, That such amount is designated by the Congress as being
601-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
602-of the Balanced Budget and Emergency Deficit Control Act of 1985. H. R. 815—12
2068+ILITARYCONSTRUCTION, NAVY ANDMARINECORPS 19
2069+For an additional amount for ‘‘Military Construction, 20
2070+Navy and Marine Corps’’, $281,914,000, to remain avail-21
2071+able until September 30, 2028, to support improvements to 22
2072+the submarine industrial base and for related expenses: Pro-23
2073+vided, That not later than 60 days after the date of enact-24
2074+ment of this division, the Secretary of the Navy, or their 25 76
2075+•HR 815 EAH
2076+designee, shall submit to the Committees on Appropriations 1
2077+of the House of Representatives and the Senate an expendi-2
2078+ture plan for funds provided under this heading in this di-3
2079+vision: Provided further, That such funds may be obligated 4
2080+or expended for planning and design and military construc-5
2081+tion projects not otherwise authorized by law: Provided fur-6
2082+ther, That such amount is designated by the Congress as 7
2083+being for an emergency requirement pursuant to section 8
2084+251(b)(2)(A)(i) of the Balanced Budget and Emergency 9
2085+Deficit Control Act of 1985. 10
2086+TITLE III 11
2087+DEPARTMENT OF STATE AND RELATED AGENCY 12
2088+INTERNATIONAL SECURITY ASSISTANCE 13
2089+F
2090+UNDSAPPROPRIATED TO THE PRESIDENT 14
2091+FOREIGN MILITARY FINANCING PROGRAM 15
2092+For an additional amount for ‘‘Foreign Military Fi-16
2093+nancing Program’’, $2,000,000,000 (increased by 17
2094+$500,000,000) (reduced by $500,000,000), to remain avail-18
2095+able until September 30, 2025, for assistance for the Indo- 19
2096+Pacific region and for related expenses: Provided, That 20
2097+amounts made available under this heading in this division 21
2098+and unobligated balances of amounts made available under 22
2099+this heading in Acts making appropriations for the Depart-23
2100+ment of State, foreign operations, and related programs for 24
2101+fiscal year 2024 and prior fiscal years shall be available 25 77
2102+•HR 815 EAH
2103+for the cost of loans and loan guarantees as authorized by 1
2104+section 2606 of the Ukraine Supplemental Appropriations 2
2105+Act, 2022 (division N of Public Law 117–103), subject to 3
2106+the terms and conditions provided in such section, or as 4
2107+otherwise authorized by law: Provided further, That loan 5
2108+guarantees made using amounts described in the preceding 6
2109+proviso for loans financed by the Federal Financing Bank 7
2110+may be provided notwithstanding any provision of law lim-8
2111+iting the percentage of loan principal that may be guaran-9
2112+teed: Provided further, That up to $5,000,000 of funds made 10
2113+available under this heading in this division, in addition 11
2114+to funds otherwise available for such purposes, may be used 12
2115+by the Department of State for necessary expenses for the 13
2116+general costs of administering military assistance and sales, 14
2117+including management and oversight of such programs and 15
2118+activities: Provided further, That such amount is designated 16
2119+by the Congress as being for an emergency requirement pur-17
2120+suant to section 251(b)(2)(A)(i) of the Balanced Budget and 18
2121+Emergency Deficit Control Act of 1985. 19
2122+INTERNATIONAL ASSISTANCE PROGRAMS 20
6032123 M
604-ILITARYPERSONNEL, MARINECORPS
605-For an additional amount for ‘‘Military Personnel, Marine
606-Corps’’, $3,538,000, to remain available until December 31, 2024,
607-to respond to the situation in Ukraine and for related expenses:
608-Provided, That such amount is designated by the Congress as
609-being for an emergency requirement pursuant to section
610-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
611-trol Act of 1985.
612-M
613-ILITARYPERSONNEL, AIRFORCE
614-For an additional amount for ‘‘Military Personnel, Air Force’’,
615-$23,302,000, to remain available until December 31, 2024, to
616-respond to the situation in Ukraine and for related expenses: Pro-
617-vided, That such amount is designated by the Congress as being
618-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
619-of the Balanced Budget and Emergency Deficit Control Act of 1985.
620-M
621-ILITARYPERSONNEL, SPACEFORCE
622-For an additional amount for ‘‘Military Personnel, Space Force’’,
623-$4,192,000, to remain available until December 31, 2024, to respond
624-to the situation in Ukraine and for related expenses: Provided,
625-That such amount is designated by the Congress as being for
626-an emergency requirement pursuant to section 251(b)(2)(A)(i) of
627-the Balanced Budget and Emergency Deficit Control Act of 1985.
628-OPERATION AND MAINTENANCE
629-O
630-PERATION AND MAINTENANCE, ARMY
631-For an additional amount for ‘‘Operation and Maintenance,
632-Army’’, $4,887,581,000, to remain available until December 31,
633-2024, to respond to the situation in Ukraine and for related
634-expenses: Provided, That such amount is designated by the Con-
635-gress as being for an emergency requirement pursuant to section
636-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
637-trol Act of 1985.
638-O
639-PERATION AND MAINTENANCE, NAVY
640-For an additional amount for ‘‘Operation and Maintenance,
641-Navy’’, $976,405,000, to remain available until December 31, 2024,
642-to respond to the situation in Ukraine and for related expenses:
643-Provided, That such amount is designated by the Congress as
644-being for an emergency requirement pursuant to section
645-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
646-trol Act of 1985.
647-O
648-PERATION AND MAINTENANCE, MARINECORPS
649-For an additional amount for ‘‘Operation and Maintenance,
650-Marine Corps’’, $69,045,000, to remain available until December
651-31, 2024, to respond to the situation in Ukraine and for related
652-expenses: Provided, That such amount is designated by the Con-
653-gress as being for an emergency requirement pursuant to section
654-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
655-trol Act of 1985. H. R. 815—13
656-O
657-PERATION AND MAINTENANCE, AIRFORCE
658-For an additional amount for ‘‘Operation and Maintenance,
659-Air Force’’, $371,475,000, to remain available until December 31,
660-2024, to respond to the situation in Ukraine and for related
661-expenses: Provided, That such amount is designated by the Con-
662-gress as being for an emergency requirement pursuant to section
663-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
664-trol Act of 1985.
665-O
666-PERATION AND MAINTENANCE, SPACEFORCE
667-For an additional amount for ‘‘Operation and Maintenance,
668-Space Force’’, $8,443,000, to remain available until December 31,
669-2024, to respond to the situation in Ukraine and for related
670-expenses: Provided, That such amount is designated by the Con-
671-gress as being for an emergency requirement pursuant to section
672-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
673-trol Act of 1985.
674-O
675-PERATION AND MAINTENANCE, DEFENSE-WIDE
676-(INCLUDING TRANSFERS OF FUNDS)
677-For an additional amount for ‘‘Operation and Maintenance,
678-Defense-Wide’’, $27,930,780,000, to remain available until December
679-31, 2024, to respond to the situation in Ukraine and for related
680-expenses: Provided, That of the total amount provided under this
681-heading in this division, $13,772,460,000, to remain available until
682-September 30, 2025, shall be for the Ukraine Security Assistance
683-Initiative: Provided further, That such funds for the Ukraine Secu-
684-rity Assistance Initiative shall be available to the Secretary of
685-Defense under the same terms and conditions as are provided
686-for in section 8148 of the Department of Defense Appropriations
687-Act, 2024 (division A of Public Law 118–47): Provided further,
688-That of the total amount provided under this heading in this
689-division, up to $13,414,432,000, to remain available until September
690-30, 2025, may be transferred to accounts under the headings ‘‘Oper-
691-ation and Maintenance’’, ‘‘Procurement’’, and ‘‘Revolving and
692-Management Funds’’ for replacement, through new procurement
693-or repair of existing unserviceable equipment, of defense articles
694-from the stocks of the Department of Defense, and for reimburse-
695-ment for defense services of the Department of Defense and military
696-education and training, provided to the government of Ukraine
697-or identified and notified to Congress for provision to the govern-
698-ment of Ukraine or to foreign countries that have provided support
699-to Ukraine at the request of the United States: Provided further,
700-That funds transferred pursuant to the preceding proviso shall
701-be merged with and available for the same purposes and for the
702-same time period as the appropriations to which the funds are
703-transferred: Provided further, That the Secretary of Defense shall
704-notify the congressional defense committees of the details of such
705-transfers not less than 15 days before any such transfer: Provided
706-further, That upon a determination that all or part of the funds
707-transferred from this appropriation are not necessary for the pur-
708-poses provided herein, such amounts may be transferred back and
709-merged with this appropriation: Provided further, That any transfer
710-authority provided herein is in addition to any other transfer H. R. 815—14
711-authority provided by law: Provided further, That such amount
712-is designated by the Congress as being for an emergency require-
713-ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
714-and Emergency Deficit Control Act of 1985.
715-PROCUREMENT
716-M
717-ISSILEPROCUREMENT , ARMY
718-For an additional amount for ‘‘Missile Procurement, Army’’,
719-$2,742,757,000, to remain available until September 30, 2026, to
720-respond to the situation in Ukraine and for related expenses: Pro-
721-vided, That such amount is designated by the Congress as being
722-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
723-of the Balanced Budget and Emergency Deficit Control Act of 1985.
724-P
725-ROCUREMENT OF AMMUNITION, ARMY
726-For an additional amount for ‘‘Procurement of Ammunition,
727-Army’’, $5,612,900,000, to remain available until September 30,
728-2026, to respond to the situation in Ukraine and for related
729-expenses: Provided, That such amount is designated by the Con-
730-gress as being for an emergency requirement pursuant to section
731-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
732-trol Act of 1985.
733-O
734-THERPROCUREMENT , ARMY
735-For an additional amount for ‘‘Other Procurement, Army’’,
736-$308,991,000, to remain available until September 30, 2026, to
737-respond to the situation in Ukraine and for related expenses: Pro-
738-vided, That such amount is designated by the Congress as being
739-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
740-of the Balanced Budget and Emergency Deficit Control Act of 1985.
741-W
742-EAPONSPROCUREMENT , NAVY
743-For an additional amount for ‘‘Weapons Procurement, Navy’’,
744-$706,976,000, to remain available until September 30, 2026, to
745-respond to the situation in Ukraine and for related expenses: Pro-
746-vided, That such amount is designated by the Congress as being
747-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
748-of the Balanced Budget and Emergency Deficit Control Act of 1985.
749-O
750-THERPROCUREMENT , NAVY
751-For an additional amount for ‘‘Other Procurement, Navy’’,
752-$26,000,000, to remain available until September 30, 2026, to
753-respond to the situation in Ukraine and for related expenses: Pro-
754-vided, That such amount is designated by the Congress as being
755-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
756-of the Balanced Budget and Emergency Deficit Control Act of 1985.
757-P
758-ROCUREMENT , MARINECORPS
759-For an additional amount for ‘‘Procurement, Marine Corps’’,
760-$212,443,000, to remain available until September 30, 2026, to
761-respond to the situation in Ukraine and for related expenses: Pro-
762-vided, That such amount is designated by the Congress as being H. R. 815—15
763-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
764-of the Balanced Budget and Emergency Deficit Control Act of 1985.
765-M
766-ISSILEPROCUREMENT , AIRFORCE
767-For an additional amount for ‘‘Missile Procurement, Air Force’’,
768-$366,001,000, to remain available until September 30, 2026, to
769-respond to the situation in Ukraine and for related expenses: Pro-
770-vided, That such amount is designated by the Congress as being
771-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
772-of the Balanced Budget and Emergency Deficit Control Act of 1985.
773-O
774-THERPROCUREMENT , AIRFORCE
775-For an additional amount for ‘‘Other Procurement, Air Force’’,
776-$3,284,072,000, to remain available until September 30, 2026, to
777-respond to the situation in Ukraine and for other expenses: Pro-
778-vided, That such amount is designated by the Congress as being
779-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
780-of the Balanced Budget and Emergency Deficit Control Act of 1985.
781-P
782-ROCUREMENT , DEFENSE-WIDE
783-For an additional amount for ‘‘Procurement, Defense-Wide’’,
784-$46,780,000, to remain available until September 30, 2026, to
785-respond to the situation in Ukraine and for related expenses: Pro-
786-vided, That such amount is designated by the Congress as being
787-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
788-of the Balanced Budget and Emergency Deficit Control Act of 1985.
789-RESEARCH, DEVELOPMENT, TEST AND EVALUATION
790-R
791-ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, ARMY
792-For an additional amount for ‘‘Research, Development, Test
793-and Evaluation, Army’’, $18,594,000, to remain available until Sep-
794-tember 30, 2025, to respond to the situation in Ukraine and for
795-related expenses: Provided, That such amount is designated by
796-the Congress as being for an emergency requirement pursuant
797-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
798-Deficit Control Act of 1985.
799-R
800-ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, NAVY
801-For an additional amount for ‘‘Research, Development, Test
802-and Evaluation, Navy’’, $13,825,000, to remain available until Sep-
803-tember 30, 2025, to respond to the situation in Ukraine and for
804-related expenses: Provided, That such amount is designated by
805-the Congress as being for an emergency requirement pursuant
806-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
807-Deficit Control Act of 1985.
808-R
809-ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, AIRFORCE
810-For an additional amount for ‘‘Research, Development, Test
811-and Evaluation, Air Force’’, $406,834,000, to remain available until
812-September 30, 2025, to respond to the situation in Ukraine and
813-for related expenses: Provided, That such amount is designated
814-by the Congress as being for an emergency requirement pursuant H. R. 815—16
815-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
816-Deficit Control Act of 1985.
817-R
818-ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, DEFENSE-WIDE
819-For an additional amount for ‘‘Research, Development, Test
820-and Evaluation, Defense-Wide’’, $194,125,000, to remain available
821-until September 30, 2025, to respond to the situation in Ukraine
822-and for related expenses: Provided, That such amount is designated
823-by the Congress as being for an emergency requirement pursuant
824-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
825-Deficit Control Act of 1985.
826-OTHER DEPARTMENT OF DEFENSE PROGRAMS
827-O
828-FFICE OF THEINSPECTORGENERAL
829-For an additional amount for ‘‘Office of the Inspector General’’,
830-$8,000,000, to remain available until September 30, 2025, which
831-shall be for operation and maintenance of the Office of the Inspector
832-General, including the Special Inspector General for Operation
833-Atlantic Resolve, to carry out reviews of the activities of the Depart-
834-ment of Defense to execute funds appropriated in this division,
835-including assistance provided to Ukraine: Provided, That the
836-Inspector General of the Department of Defense shall provide to
837-the congressional defense committees a briefing not later than
838-90 days after the date of enactment of this division: Provided
839-further, That such amount is designated by the Congress as being
840-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
841-of the Balanced Budget and Emergency Deficit Control Act of 1985.
842-RELATED AGENCIES
843-I
844-NTELLIGENCE COMMUNITYMANAGEMENT ACCOUNT
845-For an additional amount for ‘‘Intelligence Community Manage-
846-ment Account’’, $2,000,000, to remain available until September
847-30, 2024, to respond to the situation in Ukraine and for related
848-expenses: Provided, That such amount is designated by the Con-
849-gress as being for an emergency requirement pursuant to section
850-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
851-trol Act of 1985.
852-GENERAL PROVISIONS—THIS TITLE
853-(INCLUDING TRANSFERS OF FUNDS)
2124+ULTILATERALASSISTANCE 21
2125+CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 22
2126+ASSOCIATION 23
2127+For an additional amount for ‘‘Contribution to the 24
2128+International Development Association’’, $250,000,000, to 25 78
2129+•HR 815 EAH
2130+remain available until expended, which shall be made avail-1
2131+able for a contribution to the International Development 2
2132+Association Special Program to Enhance Crisis Response 3
2133+Window: Provided, That such amount is designated by the 4
2134+Congress as being for an emergency requirement pursuant 5
2135+to section 251(b)(2)(A)(i) of the Balanced Budget and 6
2136+Emergency Deficit Control Act of 1985. 7
2137+GENERAL PROVISIONS—THIS TITLE 8
2138+(INCLUDING TRANSFERS OF FUNDS) 9
8542139 S
855-EC. 101. (a) Upon the determination of the Secretary of
856-Defense that such action is necessary in the national interest,
857-the Secretary may, with the approval of the Director of the Office
858-of Management and Budget, transfer up to $1,000,000,000 only
859-between the appropriations or funds made available in this title
860-to the Department of Defense to respond to the situation in Ukraine
861-and for related expenses: Provided, That the Secretary shall notify
862-the Congress promptly of each transfer made pursuant to the
863-authority in this subsection: Provided further, That such authority
864-is in addition to any transfer authority otherwise provided by law
865-and is subject to the same terms and conditions as the authority H. R. 815—17
866-provided in section 8005 of the Department of Defense Appropria-
867-tions Act, 2024 (division A of Public Law 118–47), except for mone-
868-tary limitations concerning the amount of authority available.
869-(b) Upon the determination by the Director of National Intel-
870-ligence that such action is necessary in the national interest, the
871-Director may, with the approval of the Director of the Office of
872-Management and Budget, transfer up to $250,000,000 only between
873-the appropriations or funds made available in this title for the
874-National Intelligence Program: Provided, That the Director of
875-National Intelligence shall notify the Congress promptly of all trans-
876-fers made pursuant to the authority in this subsection: Provided
877-further, That such authority is in addition to any transfer authority
878-otherwise provided by law and is subject to the same terms and
879-conditions as the authority provided in section 8091 of the Depart-
880-ment of Defense Appropriations Act, 2024 (division A of Public
881-Law 118–47), except for monetary limitations concerning the
882-amount of authority available.
2140+EC. 301. During fiscal year 2024, section 506(a)(1) 10
2141+of the Foreign Assistance Act of 1961 (22 U.S.C. 11
2142+2318(a)(1)) shall be applied by substituting 12
2143+‘‘$7,800,000,000’’ for ‘‘$100,000,000’’. 13
8832144 S
884-EC. 102. Not later than 60 days after the date of enactment
885-of this division, the Secretary of Defense, in coordination with
886-the Secretary of State, shall submit a report to the Committees
887-on Appropriations, Armed Services, and Foreign Affairs of the House
888-of Representatives and the Committees on Appropriations, Armed
889-Services, and Foreign Relations of the Senate on measures being
890-taken to account for United States defense articles designated for
891-Ukraine since the February 24, 2022, Russian invasion of Ukraine,
892-particularly measures with regard to such articles that require
893-enhanced end-use monitoring; measures to ensure that such articles
894-reach their intended recipients and are used for their intended
895-purposes; and any other measures to promote accountability for
896-the use of such articles: Provided, That such report shall include
897-a description of any occurrences of articles not reaching their
898-intended recipients or used for their intended purposes and a
899-description of any remedies taken: Provided further, That such
900-report shall be submitted in unclassified form, but may be accom-
901-panied by a classified annex.
2145+EC. 302. During fiscal year 2024, section 14
2146+506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 15
2147+U.S.C. 2318(a)(2)(B)) shall be applied by substituting 16
2148+‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the matter preceding 17
2149+clause (i), and by substituting ‘‘$150,000,000’’ for 18
2150+‘‘$75,000,000’’ in clause (i). 19
9022151 S
903-EC. 103. Not later than 30 days after the date of enactment
904-of this division, and every 30 days thereafter through fiscal year
905-2025, the Secretary of Defense, in coordination with the Secretary
906-of State, shall provide a written report to the Committees on Appro-
907-priations, Armed Services, and Foreign Affairs of the House of
908-Representatives and the Committees on Appropriations, Armed
909-Services, and Foreign Relations of the Senate describing United
910-States security assistance provided to Ukraine since the February
911-24, 2022, Russian invasion of Ukraine, including a comprehensive
912-list of the defense articles and services provided to Ukraine and
913-the associated authority and funding used to provide such articles
914-and services: Provided, That such report shall be submitted in
915-unclassified form, but may be accompanied by a classified annex. H. R. 815—18
916-TITLE II
917-DEPARTMENT OF ENERGY
918-ENERGY PROGRAMS
2152+EC. 303. During fiscal year 2024, section 552(c)(2) 20
2153+of the Foreign Assistance Act of 1961 (22 U.S.C. 21
2154+2348a(c)(2)) shall be applied by substituting ‘‘$50,000,000’’ 22
2155+for ‘‘$25,000,000’’. 23 79
2156+•HR 815 EAH
2157+SEC. 304. (a) Section 2606 of the Ukraine Supple-1
2158+mental Appropriations Act, 2022 (division N of Public Law 2
2159+117–103) is amended as follows: 3
2160+(1) in subsection (a), by striking ‘‘and North Atlantic 4
2161+Treaty Organization (NATO) allies’’ and inserting ‘‘, North 5
2162+Atlantic Treaty Organization (NATO) allies, major non- 6
2163+NATO allies, and the Indo-Pacific region’’; by striking 7
2164+‘‘$4,000,000,000’’ and inserting ‘‘$8,000,000,000’’; and by 8
2165+striking ‘‘, except that such rate may not be less than the 9
2166+prevailing interest rate on marketable Treasury securities 10
2167+of similar maturity’’. 11
2168+(2) in subsection (b), by striking ‘‘and NATO allies’’ 12
2169+and inserting ‘‘, NATO allies, major non-NATO allies, and 13
2170+the Indo-Pacific region’’; by striking ‘‘$4,000,000,000’’ and 14
2171+inserting ‘‘$8,000,000,000’’; and by inserting at the end of 15
2172+the second proviso ‘‘except for guarantees of loans by the 16
2173+Federal Financing Bank’’. 17
2174+(b) Funds made available for the costs of direct loans 18
2175+and loan guarantees for major non-NATO allies and the 19
2176+Indo-Pacific region pursuant to section 2606 of division N 20
2177+of Public Law 117–103, as amended by subsection (a), may 21
2178+only be made available from funds appropriated by this di-22
2179+vision under the heading ‘‘Foreign Military Financing Pro-23
2180+gram’’ and available balances from under such heading in 24
2181+prior Acts making appropriations for the Department of 25 80
2182+•HR 815 EAH
2183+State, foreign operations, and related programs: Provided, 1
2184+That such funds may only be made available if the Sec-2
2185+retary of State certifies and reports to the appropriate con-3
2186+gressional committees, not less than 15 days prior to the 4
2187+obligation of such funds, that such direct loan or loan guar-5
2188+antee is in the national security interest of the United 6
2189+States, is being provided in response to exigent cir-7
2190+cumstances, is addressing a mutually agreed upon emer-8
2191+gency requirement of the recipient country, and the recipi-9
2192+ent country has a plan to repay such loan: Provided further, 10
2193+That not less than 60 days after the date of enactment of 11
2194+this division, the Secretary of State shall consult with such 12
2195+committees on the implementation of this subsection. 13
2196+(c) Amounts repurposed pursuant to this section that 14
2197+were previously designated by the Congress as an emergency 15
2198+requirement pursuant to a concurrent resolution on the 16
2199+Budget are designated as an emergency requirement pursu-17
2200+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 18
2201+Emergency Deficit Control Act of 1985. 19
9192202 S
920-CIENCE
921-For an additional amount for ‘‘Science’’, $98,000,000, to remain
922-available until expended, for acquisition, distribution, and equip-
923-ment for development and production of medical, stable, and radio-
924-active isotopes: Provided, That such amount is designated by the
925-Congress as being for an emergency requirement pursuant to section
926-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
927-trol Act of 1985.
928-ATOMIC ENERGY DEFENSE ACTIVITIES
929-NATIONAL NUCLEAR SECURITY ADMINISTRATION
930-D
931-EFENSENUCLEARNONPROLIFERATION
932-For an additional amount for ‘‘Defense Nuclear Nonprolifera-
933-tion’’, $143,915,000, to remain available until September 30, 2025,
934-to respond to the situation in Ukraine and for related expenses:
935-Provided, That such amount is designated by the Congress as
936-being for an emergency requirement pursuant to section
937-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
938-trol Act of 1985.
939-F
940-EDERALSALARIES ANDEXPENSES
941-For an additional amount for ‘‘Federal Salaries and Expenses’’,
942-$5,540,000, to remain available until September 30, 2025, to
943-respond to the situation in Ukraine and for related expenses: Pro-
944-vided, That such amount is designated by the Congress as being
945-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
946-of the Balanced Budget and Emergency Deficit Control Act of 1985.
947-TITLE III
948-DEPARTMENT OF HEALTH AND HUMAN SERVICES
949-A
950-DMINISTRATION FOR CHILDREN AND FAMILIES
951-REFUGEE AND ENTRANT ASSISTANCE
952-For an additional amount for ‘‘Refugee and Entrant Assistance’’,
953-$481,000,000, to remain available until September 30, 2025, for
954-refugee and entrant assistance activities authorized by section 414
955-of the Immigration and Nationality Act and section 501 of the
956-Refugee Education Assistance Act of 1980: Provided, That amounts
957-made available under this heading in this division may be used
958-for grants or contracts with qualified organizations, including non-
959-profit entities, to provide culturally and linguistically appropriate
960-services, including wraparound services, housing assistance, medical H. R. 815—19
961-assistance, legal assistance, and case management assistance: Pro-
962-vided further, That amounts made available under this heading
963-in this division may be used by the Director of the Office of Refugee
964-Resettlement (Director) to issue awards or supplement awards pre-
965-viously made by the Director: Provided further, That the Director,
966-in carrying out section 412(c)(1)(A) of the Immigration and Nation-
967-ality Act (8 U.S.C. 1522(c)(1)(A)) with amounts made available
968-under this heading in this division, may allocate such amounts
969-among the States in a manner that accounts for the most current
970-data available: Provided further, That such amount is designated
971-by the Congress as being for an emergency requirement pursuant
972-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
973-Deficit Control Act of 1985.
974-GENERAL PROVISION—THIS TITLE
2203+EC. 305. Prior to the initial obligation of funds made 20
2204+available in this title in this division, but not later than 21
2205+15 days after the date of enactment of this division, the 22
2206+Secretary of State and the Secretary of the Treasury, as 23
2207+appropriate, shall submit to the Committees on Appropria-24
2208+tions spend plans, as defined in section 7034(s)(4) of the 25 81
2209+•HR 815 EAH
2210+Department of State, Foreign Operations, and Related Pro-1
2211+grams Appropriations Act, 2023 (division K of Public Law 2
2212+117–328), at the country, account, and program level, for 3
2213+funds appropriated by this division under the headings 4
2214+‘‘Foreign Military Financing Program’’ and ‘‘Contribution 5
2215+to the International Development Association’’: Provided, 6
2216+That plans submitted pursuant to this paragraph shall in-7
2217+clude for each program notified—(A) total funding made 8
2218+available for such program, by account and fiscal year; (B) 9
2219+funding that remains unobligated for such program from 10
2220+prior year base or supplemental appropriations; (C) fund-11
2221+ing that is obligated but unexpended for such program; and 12
2222+(D) funding committed, but not yet notified for such pro-13
2223+gram. 14 82
2224+•HR 815 EAH
2225+TITLE IV 1
2226+GENERAL PROVISIONS—THIS DIVISION 2
9752227 S
976-EC. 301. Section 401(a)(1)(A) of the Additional Ukraine Supple-
977-mental Appropriations Act, 2022 (Public Law 117–128) is amended
978-by striking ‘‘September 30, 2023’’ and inserting ‘‘September 30,
979-2024’’: Provided, That such amount is designated by the Congress
980-as being for an emergency requirement pursuant to section
981-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
982-trol Act of 1985.
983-TITLE IV
984-DEPARTMENT OF STATE AND RELATED AGENCY
985-DEPARTMENT OF STATE
986-A
987-DMINISTRATION OF FOREIGNAFFAIRS
988-DIPLOMATIC PROGRAMS
989-For an additional amount for ‘‘Diplomatic Programs’’,
990-$60,000,000, to remain available until September 30, 2025, to
991-respond to the situation in Ukraine and countries impacted by
992-the situation in Ukraine: Provided, That such amount is designated
993-by the Congress as being for an emergency requirement pursuant
994-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
995-Deficit Control Act of 1985.
996-OFFICE OF INSPECTOR GENERAL
997-For an additional amount for ‘‘Office of Inspector General’’,
998-$8,000,000, to remain available until September 30, 2025: Provided,
999-That such amount is designated by the Congress as being for
1000-an emergency requirement pursuant to section 251(b)(2)(A)(i) of
1001-the Balanced Budget and Emergency Deficit Control Act of 1985. H. R. 815—20
1002-UNITED STATES AGENCY FOR INTERNATIONAL
1003-DEVELOPMENT
1004-F
1005-UNDSAPPROPRIATED TO THE PRESIDENT
1006-OPERATING EXPENSES
1007-For an additional amount for ‘‘Operating Expenses’’,
1008-$39,000,000, to remain available until September 30, 2025, to
1009-respond to the situation in Ukraine and countries impacted by
1010-the situation in Ukraine: Provided, That such amount is designated
1011-by the Congress as being for an emergency requirement pursuant
1012-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
1013-Deficit Control Act of 1985.
1014-OFFICE OF INSPECTOR GENERAL
1015-For an additional amount for ‘‘Office of Inspector General’’,
1016-$10,000,000, to remain available until September 30, 2025: Pro-
1017-vided, That such amount is designated by the Congress as being
1018-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
1019-of the Balanced Budget and Emergency Deficit Control Act of 1985.
1020-BILATERAL ECONOMIC ASSISTANCE
1021-F
1022-UNDSAPPROPRIATED TO THE PRESIDENT
1023-TRANSITION INITIATIVES
1024-For an additional amount for ‘‘Transition Initiatives’’,
1025-$25,000,000, to remain available until expended, for assistance for
1026-Ukraine and countries impacted by the situation in Ukraine: Pro-
1027-vided, That such amount is designated by the Congress as being
1028-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
1029-of the Balanced Budget and Emergency Deficit Control Act of 1985.
1030-ECONOMIC SUPPORT FUND
1031-For an additional amount for ‘‘Economic Support Fund’’,
1032-$7,899,000,000, to remain available until September 30, 2025: Pro-
1033-vided, That of the total amount provided under this heading in
1034-this division, $7,849,000,000 shall be for assistance for Ukraine,
1035-which may include budget support and which may be made avail-
1036-able notwithstanding any other provision of law that restricts assist-
1037-ance to foreign countries: Provided further, That none of the funds
1038-made available for budget support pursuant to the preceding proviso
1039-may be made available for the reimbursement of pensions: Provided
1040-further, That of the total amount provided under this heading
1041-in this division, $50,000,000 shall be to prevent and respond to
1042-food insecurity: Provided further, That such amount is designated
1043-by the Congress as being for an emergency requirement pursuant
1044-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
1045-Deficit Control Act of 1985.
1046-ASSISTANCE FOR EUROPE , EURASIA AND CENTRAL ASIA
1047-For an additional amount for ‘‘Assistance for Europe, Eurasia
1048-and Central Asia’’, $1,575,000,000, to remain available until Sep-
1049-tember 30, 2025, for assistance and related programs for Ukraine H. R. 815—21
1050-and other countries identified in section 3 of the FREEDOM Support
1051-Act (22 U.S.C. 5801) and section 3(c) of the Support for East
1052-European Democracy (SEED) Act of 1989 (22 U.S.C. 5402(c)): Pro-
1053-vided, That such amount is designated by the Congress as being
1054-for an emergency requirement pursuant to section 251(b)(2)(A)(i)
1055-of the Balanced Budget and Emergency Deficit Control Act of 1985.
1056-INTERNATIONAL SECURITY ASSISTANCE
1057-D
1058-EPARTMENT OF STATE
1059-INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
1060-For an additional amount for ‘‘International Narcotics Control
1061-and Law Enforcement’’, $300,000,000, to remain available until
1062-September 30, 2025, for assistance for Ukraine and countries
1063-impacted by the situation in Ukraine: Provided, That such funds
1064-may be made available to support the State Border Guard Service
1065-of Ukraine and National Police of Ukraine, including units sup-
1066-porting or under the command of the Armed Forces of Ukraine:
1067-Provided further, That such amount is designated by the Congress
1068-as being for an emergency requirement pursuant to section
1069-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
1070-trol Act of 1985.
1071-NONPROLIFERATION , ANTI-TERRORISM, DEMINING AND RELATED
1072-PROGRAMS
1073-For an additional amount for ‘‘Nonproliferation, Anti-terrorism,
1074-Demining and Related Programs’’, $100,000,000, to remain available
1075-until September 30, 2025, for assistance for Ukraine and countries
1076-impacted by the situation in Ukraine: Provided, That not later
1077-than 60 days after the date of enactment of this division, the
1078-Secretary of State shall consult with the Committees on Appropria-
1079-tions on the prioritization of demining efforts and how such efforts
1080-will be coordinated with development activities: Provided further,
1081-That such amount is designated by the Congress as being for
1082-an emergency requirement pursuant to section 251(b)(2)(A)(i) of
1083-the Balanced Budget and Emergency Deficit Control Act of 1985.
1084-F
1085-UNDSAPPROPRIATED TO THE PRESIDENT
1086-FOREIGN MILITARY FINANCING PROGRAM
1087-For an additional amount for ‘‘Foreign Military Financing Pro-
1088-gram’’, $1,600,000,000, to remain available until September 30,
1089-2025, for assistance for Ukraine and countries impacted by the
1090-situation in Ukraine and for related expenses: Provided, That
1091-amounts made available under this heading in this division and
1092-unobligated balances of amounts made available under this heading
1093-in Acts making appropriations for the Department of State, foreign
1094-operations, and related programs for fiscal year 2024 and prior
1095-fiscal years shall be available for the cost of loans and loan guaran-
1096-tees as authorized by section 2606 of the Ukraine Supplemental
1097-Appropriations Act, 2022 (division N of Public Law 117–103), subject
1098-to the terms and conditions provided in such section, or as otherwise
1099-authorized by law: Provided further, That loan guarantees made
1100-using amounts described in the preceding proviso for loans financed H. R. 815—22
1101-by the Federal Financing Bank may be provided notwithstanding
1102-any provision of law limiting the percentage of loan principal that
1103-may be guaranteed: Provided further, That up to $5,000,000 of
1104-funds made available under this heading in this division, in addition
1105-to funds otherwise available for such purposes, may be used by
1106-the Department of State for necessary expenses for the general
1107-costs of administering military assistance and sales, including
1108-management and oversight of such programs and activities: Pro-
1109-vided further, That such amount is designated by the Congress
1110-as being for an emergency requirement pursuant to section
1111-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
1112-trol Act of 1985.
1113-GENERAL PROVISIONS—THIS TITLE
1114-(INCLUDING TRANSFERS OF FUNDS)
2228+EC. 401. Each amount appropriated or made avail-3
2229+able by this division is in addition to amounts otherwise 4
2230+appropriated for the fiscal year involved. 5
11152231 S
1116-EC. 401. During fiscal year 2024, section 506(a)(1) of the
1117-Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be
1118-applied by substituting ‘‘$7,800,000,000’’ for ‘‘$100,000,000’’.
2232+EC. 402. No part of any appropriation contained in 6
2233+this division shall remain available for obligation beyond 7
2234+the current fiscal year unless expressly so provided herein. 8
11192235 S
1120-EC. 402. During fiscal year 2024, section 506(a)(2)(B) of the
1121-Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be
1122-applied by substituting ‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the
1123-matter preceding clause (i), and by substituting ‘‘$150,000,000’’
1124-for ‘‘$75,000,000’’ in clause (i).
2236+EC. 403. Unless otherwise provided for by this divi-9
2237+sion, the additional amounts appropriated by this division 10
2238+to appropriations accounts shall be available under the au-11
2239+thorities and conditions applicable to such appropriations 12
2240+accounts for fiscal year 2024. 13
11252241 S
1126-EC. 403. During fiscal year 2024, section 552(c)(2) of the For-
1127-eign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied
1128-by substituting ‘‘$50,000,000’’ for ‘‘$25,000,000’’.
2242+EC. 404. Funds appropriated by this division for for-14
2243+eign assistance (including foreign military sales), for the 15
2244+Department of State, for broadcasting subject to supervision 16
2245+of United States Agency for Global Media, and for intel-17
2246+ligence or intelligence related activities are deemed to be 18
2247+specifically authorized by the Congress for the purposes of 19
2248+section 10 of Public Law 91–672 (22 U.S.C. 2412), section 20
2249+15 of the State Department Basic Authorities Act of 1956 21
2250+(22 U.S.C. 2680), section 313 of the Foreign Relations Au-22
2251+thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 23
2252+6212), and section 504(a)(1) of the National Security Act 24
2253+of 1947 (50 U.S.C. 3094(a)(1)). 25 83
2254+•HR 815 EAH
2255+SEC. 405. Each amount designated in this division by 1
2256+the Congress as being for an emergency requirement pursu-2
2257+ant to section 251(b)(2)(A)(i) of the Balanced Budget and 3
2258+Emergency Deficit Control Act of 1985 shall be available 4
2259+(or repurposed or rescinded, if applicable) only if the Presi-5
2260+dent subsequently so designates all such amounts and trans-6
2261+mits such designations to the Congress. 7
11292262 S
1130-EC. 404. (a) Funds appropriated by this division under the
1131-headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe,
1132-Eurasia and Central Asia’’ to respond to the situation in Ukraine
1133-and in countries impacted by the situation in Ukraine may be
1134-transferred to, and merged with, funds made available under the
1135-headings ‘‘United States International Development Finance Cor-
1136-poration—Corporate Capital Account’’, ‘‘United States International
1137-Development Finance Corporation—Program Account’’, ‘‘Export-
1138-Import Bank of the United States—Program Account’’, and ‘‘Trade
1139-and Development Agency’’ for such purpose.
1140-(b) The transfer authority provided by this section is in addition
1141-to any other transfer authority provided by law, and is subject
1142-to prior consultation with, and the regular notification procedures
1143-of, the Committees on Appropriations.
1144-(c) Upon a determination that all or part of the funds trans-
1145-ferred pursuant to the authority provided by this section are not
1146-necessary for such purposes, such amounts may be transferred
1147-back to such appropriations.
2263+EC. 406. Any amount appropriated by this division, 8
2264+designated by the Congress as an emergency requirement 9
2265+pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 10
2266+and Emergency Deficit Control Act of 1985, and subse-11
2267+quently so designated by the President, and transferred pur-12
2268+suant to transfer authorities provided by this division shall 13
2269+retain such designation. 14
2270+SPENDING REDUCTION ACCOUNT 15
11482271 S
1149-EC. 405. Section 1705 of the Additional Ukraine Supplemental
1150-Appropriations Act, 2023 (division M of Public Law 117–328) shall
1151-apply to funds appropriated by this division under the heading
1152-‘‘Economic Support Fund’’ for assistance for Ukraine.
1153-S
1154-EC. 406. None of the funds appropriated or otherwise made
1155-available by this title in this division may be made available for
1156-assistance for the Governments of the Russian Federation or
1157-Belarus, including entities owned or controlled by such Govern-
1158-ments. H. R. 815—23
1159-S
1160-EC. 407. (a) Section 2606 of the Ukraine Supplemental Appro-
1161-priations Act, 2022 (division N of Public Law 117–103) is amended
1162-as follows:
1163-(1) in subsection (a), by striking ‘‘and North Atlantic Treaty
1164-Organization (NATO) allies’’ and inserting ‘‘, North Atlantic Treaty
1165-Organization (NATO) allies, major non-NATO allies, and the Indo-
1166-Pacific region’’; by striking ‘‘$4,000,000,000’’ and inserting
1167-‘‘$8,000,000,000’’; and by striking ‘‘, except that such rate may
1168-not be less than the prevailing interest rate on marketable Treasury
1169-securities of similar maturity’’; and
1170-(2) in subsection (b), by striking ‘‘and NATO allies’’ and
1171-inserting ‘‘, NATO allies, major non-NATO allies, and the Indo-
1172-Pacific region’’; by striking ‘‘$4,000,000,000’’ and inserting
1173-‘‘$8,000,000,000’’; and by inserting at the end of the second proviso
1174-‘‘except for guarantees of loans by the Federal Financing Bank’’.
1175-(b) Funds made available for the costs of direct loans and
1176-loan guarantees for major non-NATO allies and the Indo-Pacific
1177-region pursuant to section 2606 of division N of Public Law 117–
1178-103, as amended by subsection (a), may only be made available
1179-from funds appropriated by this division under the heading ‘‘Foreign
1180-Military Financing Program’’ and available balances from under
1181-such heading in prior Acts making appropriations for the Depart-
1182-ment of State, foreign operations, and related programs: Provided,
1183-That such funds may only be made available if the Secretary
1184-of State certifies and reports to the appropriate congressional
1185-committees, not less than 15 days prior to the obligation of such
1186-funds, that such direct loan or loan guarantee is in the national
1187-security interest of the United States, is being provided in response
1188-to exigent circumstances, is addressing a mutually agreed upon
1189-emergency requirement of the recipient country, and the recipient
1190-country has a plan to repay such loan: Provided further, That
1191-not less than 60 days after the date of enactment of this division,
1192-the Secretary of State shall consult with such committees on the
1193-implementation of this subsection.
1194-(c) Amounts repurposed pursuant to this section that were
1195-previously designated by the Congress as an emergency requirement
1196-pursuant to a concurrent resolution on the Budget are designated
1197-as an emergency requirement pursuant to section 251(b)(2)(A)(i)
1198-of the Balanced Budget and Emergency Deficit Control Act of 1985.
1199-S
1200-EC. 408. Funds appropriated under the headings ‘‘Economic
1201-Support Fund’’ and ‘‘Assistance for Europe, Eurasia and Central
1202-Asia’’ in this title in this division may be made available as contribu-
1203-tions, following consultation with the Committees on Appropria-
1204-tions.
1205-S
1206-EC. 409. Prior to the initial obligation of funds made available
1207-in this title in this division, but not later than 15 days after
1208-the date of enactment of this division, the Secretary of State and
1209-USAID Administrator, as appropriate, shall submit to the Commit-
1210-tees on Appropriations—
1211-(1) spend plans, as defined in section 7034(s)(4) of the
1212-Department of State, Foreign Operations, and Related Pro-
1213-grams Appropriations Act, 2023 (division K of Public Law 117–
1214-328), at the country, account, and program level, for funds
1215-appropriated by this division under the headings ‘‘Economic
1216-Support Fund’’, ‘‘Transition Initiatives’’, ‘‘Assistance for Europe,
1217-Eurasia and Central Asia’’, ‘‘International Narcotics Control
1218-and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, H. R. 815—24
1219-Demining and Related Programs’’, and ‘‘Foreign Military
1220-Financing Program’’: Provided, That plans submitted pursuant
1221-to this paragraph shall include for each program notified—
1222-(A) total funding made available for such program, by account
1223-and fiscal year; (B) funding that remains unobligated for such
1224-program from prior year base or supplemental appropriations;
1225-(C) funding that is obligated but unexpended for such program;
1226-and (D) funding committed, but not yet notified for such pro-
1227-gram; and
1228-(2) operating plans, as defined in section 7062 of the
1229-Department of State, Foreign Operations, and Related Pro-
1230-grams Appropriations Act, 2023 (division K of Public Law 117–
1231-328), for funds appropriated by this title under the headings
1232-‘‘Diplomatic Programs’’ and ‘‘Operating Expenses’’.
1233-TITLE V
1234-GENERAL PROVISIONS—THIS DIVISION
1235-S
1236-EC. 501. Each amount appropriated or made available by
1237-this division is in addition to amounts otherwise appropriated for
1238-the fiscal year involved.
1239-S
1240-EC. 502. No part of any appropriation contained in this division
1241-shall remain available for obligation beyond the current fiscal year
1242-unless expressly so provided herein.
1243-S
1244-EC. 503. Unless otherwise provided for by this division, the
1245-additional amounts appropriated by this division to appropriations
1246-accounts shall be available under the authorities and conditions
1247-applicable to such appropriations accounts for fiscal year 2024.
1248-S
1249-EC. 504. Not later than 45 days after the date of enactment
1250-of this division, the Secretary of State and the Secretary of Defense,
1251-in consultation with the heads of other relevant Federal agencies,
1252-as appropriate, shall submit to the Committees on Appropriations,
1253-Armed Services, and Foreign Relations of the Senate and the
1254-Committees on Appropriations, Armed Services, and Foreign Affairs
1255-of the House of Representatives a strategy regarding United States
1256-support for Ukraine against aggression by the Russian Federation:
1257-Provided, That such strategy shall be multi-year, establish specific
1258-and achievable objectives, define and prioritize United States
1259-national security interests, and include the metrics to be used
1260-to measure progress in achieving such objectives: Provided further,
1261-That such strategy shall include an estimate, on a fiscal year-
1262-by-fiscal year basis, of the resources required by the United States
1263-to achieve such objectives, including to help hasten Ukrainian vic-
1264-tory against Russia’s invasion forces in a manner most favorable
1265-to United States interests and objectives, and a description of
1266-the national security implications for the United States if those
1267-objectives are not met: Provided further, That such strategy shall
1268-describe how each specific aspect of U.S. assistance, including
1269-defense articles and U.S. foreign assistance, is intended at the
1270-tactical, operational, and strategic level to help Ukraine end the
1271-conflict as a democratic, independent, and sovereign country capable
1272-of deterring and defending its territory against future aggression:
1273-Provided further, That such strategy shall include a classified inde-
1274-pendent assessment from the Commander, U.S. European Com-
1275-mand, describing any specific defense articles and services not
1276-yet provided to Ukraine that would result in meaningful battlefield H. R. 815—25
1277-gains in alignment with the strategy: Provided further, That such
1278-strategy shall include a classified assessment from the Chairman
1279-of the Joint Chiefs of Staff that the provision of specific defense
1280-articles and services provided to Ukraine does not pose significant
1281-risk to the defense capabilities of the United States military: Pro-
1282-vided further, That the Under Secretary of Defense for Acquisition
1283-& Sustainment in coordination with the Director, Cost Assessment
1284-and Program Evaluation provide an assessment of the executability
1285-and a production schedule for any specific defense articles rec-
1286-ommended by the Commander, U.S. European Command that
1287-require procurement: Provided further, That such strategy shall
1288-include information on support to the Government of the Russian
1289-Federation from the Islamic Republic of Iran, the People’s Republic
1290-of China, and the Democratic People’s Republic of Korea, related
1291-to the Russian campaign in Ukraine, and its impact on such
1292-strategy: Provided further, That such strategy shall be updated
1293-not less than quarterly, as appropriate, until September 30, 2025,
1294-and such updates shall be submitted to such committees: Provided
1295-further, That unless otherwise specified by this section, such
1296-strategy shall be submitted in unclassified form but may include
1297-a classified annex.
1298-S
1299-EC. 505. (a) TRANSFER OFLONG-RANGEATACMS REQUIRED.—
1300-As soon as practicable after the date of enactment of this division,
1301-the President shall transfer long range Army Tactical Missile Sys-
1302-tems to the Government of Ukraine to assist the Government of
1303-Ukraine in defending itself and achieving victory against the Rus-
1304-sian Federation.
1305-(b) N
1306-OTIFICATION.—If the President determines that executing
1307-the transfer of long-range Army Tactical Missile Systems to the
1308-Government of Ukraine pursuant to subsection (a) would be detri-
1309-mental to the national security interests of the United States,
1310-the President may withhold such transfer and shall notify the
1311-congressional defense committees, the Committees on Appropria-
1312-tions and Foreign Relations of the Senate, and the Committees
1313-on Appropriations and Foreign Affairs of the House of Representa-
1314-tives of such determination.
1315-S
1316-EC. 506. (a) IN-PERSONMONITORING.—The Secretary of State
1317-shall, to the maximum extent practicable, ensure that funds appro-
1318-priated by this division under the headings ‘‘Economic Support
1319-Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Inter-
1320-national Narcotics Control and Law Enforcement’’, and ‘‘Non-
1321-proliferation, Anti-terrorism, Demining and Related Programs’’ and
1322-made available for project-based assistance for Ukraine are subject
1323-to in-person monitoring by United States personnel or by vetted
1324-third party monitors.
1325-(b) C
1326-ERTIFICATION.—Not later than 15 days prior to the initial
1327-obligation of funds appropriated by this division and made available
1328-for assistance for Ukraine under the headings ‘‘Economic Support
1329-Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Inter-
1330-national Narcotics Control and Law Enforcement’’, ‘‘Nonprolifera-
1331-tion, Anti-terrorism, Demining and Related Programs’’, and ‘‘For-
1332-eign Military Financing Program’’, the Secretary of State and the
1333-USAID Administrator shall jointly certify and report to the appro-
1334-priate congressional committees that mechanisms for monitoring
1335-and oversight of funds are in place and functioning to ensure
1336-accountability of such funds to prevent waste, fraud, abuse, diver-
1337-sion, and corruption, including mechanisms such as use of third H. R. 815—26
1338-party monitors, enhanced end-use monitoring, external and inde-
1339-pendent audits and evaluations, randomized spot checks, and reg-
1340-ular reporting on outcomes achieved and progress made toward
1341-stated program objectives, consistent with the strategy required
1342-by section 504 of this title: Provided, That section 7015(e) of Public
1343-Law 118–47 shall apply to the certification requirement of this
1344-subsection.
1345-(c) C
1346-OSTMATCHING.—Funds appropriated by this division and
1347-prior Acts for fiscal year 2024 under the headings ‘‘Economic Sup-
1348-port Fund’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’
1349-that are made available for contributions to the Government of
1350-Ukraine may not exceed 50 percent of the total amount provided
1351-for such assistance by all donors: Provided, That the President
1352-may waive the limitation in this subsection if the President deter-
1353-mines and reports to the appropriate congressional committees
1354-that to do so is in the national security interest of the United
1355-States, including a detailed justification for such determination
1356-and an explanation as to why other donors to the Government
1357-of Ukraine are unable to meet or exceed such level: Provided further,
1358-That following such determination, the President shall submit a
1359-report to the Speaker and Minority Leader of the House of Rep-
1360-resentatives, the Majority and Minority Leaders of the Senate,
1361-and the appropriate congressional committees every 120 days while
1362-assistance is provided in reliance on the determination under the
1363-previous proviso detailing steps taken by the Department of State
1364-to increase other donor contributions and an update on the status
1365-of such contributions: Provided further, That the requirements of
1366-this subsection shall continue in effect until such funds are
1367-expended.
1368-S
1369-EC. 507. (a) ARRANGEMENT REQUIRED.—Notwithstanding any
1370-other provision of law, not later than 60 days after the date of
1371-the enactment of this division, the President shall enter into an
1372-arrangement with the Government of Ukraine relating to the repay-
1373-ment by Ukraine to the United States of economic assistance pro-
1374-vided to Ukraine by the United States to respond to the situation
1375-in Ukraine, and for related expenses, that are made available
1376-under the headings ‘‘Economic Support Fund’’ and ‘‘Assistance for
1377-Europe, Eurasia and Central Asia’’ in title IV of this division.
1378-(b) T
1379-ERMS.—Repayment required by the arrangement required
1380-by subsection (a) shall be at terms to be set by the President.
1381-(c) L
1382-IMITATION ON ARRANGEMENT TERMS.—The arrangement
1383-required pursuant to subsection (a) may not provide for the cancella-
1384-tion of any or all amounts of indebtedness except as provided
1385-in subsection (d).
1386-(d) C
1387-ANCELLATION OF INDEBTEDNESS .—
1388-(1) The President may not before November 15, 2024 take
1389-any action related to the indebtedness of the Government of
1390-Ukraine that cancels any indebtedness incurred by Ukraine
1391-pursuant to this section.
1392-(2) At any time after November 15, 2024, the President
1393-may, subject to congressional review provided by section 508,
1394-cancel up to 50 percent of the total indebtedness incurred
1395-by Ukraine or anticipated to be incurred by Ukraine with
1396-respect to economic assistance and related expenses made avail-
1397-able under the headings ‘‘Economic Support Fund’’ and ‘‘Assist-
1398-ance for Europe, Eurasia and Central Asia’’ in title IV of
1399-this division. Upon completion of the congressional review H. R. 815—27
1400-process set forth in section 508, such cancellation shall be
1401-final and irrevocable.
1402-(3) The President may, subject to congressional review
1403-provided by section 508, cancel any remaining indebtedness
1404-to the government of Ukraine under this section at any time
1405-after January 1, 2026. Upon completion of the congressional
1406-review process set forth in section 508, such cancellation shall
1407-be final and irrevocable.
1408-S
1409-EC. 508. (a) REPORTREQUIRED.—
1410-(1) I
1411-NGENERAL.—Notwithstanding any other provision of law,
1412-before taking any action described in paragraph (2), the President
1413-shall submit to Congress a written report that describes that action
1414-and the reason for that action.
1415-(2) A
1416-CTIONDESCRIBED.—An action described in this paragraph
1417-is an action related to the indebtedness of the Government of
1418-Ukraine authorized by section 507(d)(1).
1419-(b) C
1420-ONGRESSIONAL REVIEWPERIOD.—
1421-(1) 2024.—During calendar year 2024, if the President submits
1422-to Congress a report under subsection (a)(1), the President may
1423-not take any action with respect to the indebtedness of the Govern-
1424-ment of Ukraine until the earlier of—
1425-(A) the date that is 10 calendar days after the date of
1426-such submission; or
1427-(B) the date on which Congress has considered and failed
1428-to pass a joint resolution of disapproval, as provided in this
1429-section.
1430-(2) S
1431-UCCEEDINGYEARS.—
1432-(A) I
1433-N GENERAL.—During calendar year 2025 or any cal-
1434-endar year thereafter, if the President submits to Congress
1435-a report under subsection (a)(1), the President may not take
1436-any action with respect to the indebtedness of the Government
1437-of Ukraine until the earlier of—
1438-(i) the date that is 30 calendar days after the date
1439-of such submission, except as provided in subparagraph
1440-(B); or
1441-(ii) the date on which Congress has considered and
1442-failed to pass a joint resolution of disapproval, as provided
1443-in this section.
1444-(B) E
1445-XCEPTION.—The period for congressional review of
1446-a report submitted under subsection (a)(1) shall be 60 calendar
1447-days if the report is submitted to Congress on or after July
1448-10 and on or before September 7 in any calendar year.
1449-(3) V
1450-ETOMESSAGE.—If the President vetoes a joint resolution
1451-of disapproval, he may not take any action with respect to the
1452-indebtedness of Ukraine for 5 calendar days after the veto message
1453-is received by the appropriate House of Congress.
1454-(c) J
1455-OINTRESOLUTION OF DISAPPROVAL.—In this section, the
1456-term ‘‘joint resolution’’ means only a joint resolution—
1457-(1) that is introduced not later than 3 calendar days after
1458-the date on which a report of the President referred to in subsection
1459-(a)(1) is received by Congress;
1460-(2) which does not have a preamble;
1461-(3) the title of which is as follows: ‘‘Joint resolution relating
1462-to the disapproval of the Presidential report with respect to the
1463-indebtedness of the Government of Ukraine’’; and H. R. 815—28
1464-(4) the matter after the resolving clause of which is as follows:
1465-‘‘That Congress disapproves the proposal relating to the indebted-
1466-ness of the Government of Ukraine submitted by the President
1467-of the United States to Congress on lllll ’’, with the blank
1468-space filled with the appropriate date of submission of the report
1469-under subsection (a)(1).
1470-(d) F
1471-AST-TRACKCONSIDERATION IN HOUSE OF REPRESENTA-
1472-TIVES.—
1473-(1) R
1474-EPORTING AND DISCHARGE.—Any committee of the House
1475-of Representatives to which a joint resolution is referred shall
1476-report the joint resolution to the House of Representatives not
1477-later than 5 calendar days after the date on which Congress receives
1478-the report described in subsection (a)(1). If a committee fails to
1479-report the joint resolution within that period, the committee shall
1480-be discharged from further consideration of the joint resolution
1481-and the joint resolution shall be referred to the appropriate cal-
1482-endar.
1483-(2) P
1484-ROCEEDING TO CONSIDERATION.—After each committee
1485-authorized to consider a joint resolution reports the joint resolution
1486-to the House of Representatives or has been discharged from its
1487-consideration, it shall be in order, not later than the 6th calendar
1488-day after the date on which Congress receives the report described
1489-in subsection (a)(1), to move to proceed to consider the joint resolu-
1490-tion in the House of Representatives. All points of order against
1491-the motion are waived. Such a motion shall not be in order after
1492-the House of Representatives has disposed of a motion to proceed
1493-on the joint resolution. The previous question shall be considered
1494-as ordered on the motion to its adoption without intervening motion.
1495-The motion shall not be debatable. A motion to reconsider the
1496-vote by which the motion is disposed of shall not be in order.
1497-(3) C
1498-ONSIDERATION.—The joint resolution shall be considered
1499-as read. All points of order against the joint resolution and against
1500-its consideration are waived. The previous question shall be consid-
1501-ered as ordered on the joint resolution to its passage without
1502-intervening motion except two hours of debate equally divided and
1503-controlled by the proponent and an opponent. A motion to reconsider
1504-the vote on passage of the joint resolution shall not be in order.
1505-(e) F
1506-AST-TRACKCONSIDERATION IN SENATE.—
1507-(1) P
1508-LACEMENT ON CALENDAR.—Upon introduction in the
1509-Senate, the joint resolution shall be placed immediately on the
1510-calendar.
1511-(2) F
1512-LOORCONSIDERATION.—
1513-(A) I
1514-N GENERAL.—It shall not be in order to move to proceed
1515-to a joint resolution that has been placed on the calendar
1516-pursuant to paragraph (1) unless a motion signed by 16 Sen-
1517-ators has been presented to the Senate. Thereafter, notwith-
1518-standing Rule XXII of the Standing Rules of the Senate, it
1519-is in order, during the periods described in subparagraph (B)
1520-(even though a previous motion to the same effect has been
1521-disagreed to), for any Senator to move to proceed to the consid-
1522-eration of the joint resolution, and all points of order against
1523-the joint resolution (and against consideration of the joint reso-
1524-lution) are waived. The motion to proceed is not debatable.
1525-The motion is not subject to a motion to postpone. A motion
1526-to reconsider the vote by which the motion is agreed to or
1527-disagreed to shall not be in order. If a motion to proceed
1528-to the consideration of the joint resolution is agreed to, the H. R. 815—29
1529-joint resolution shall remain the unfinished business until dis-
1530-posed of.
1531-(B) P
1532-ERIODS DESCRIBED .—The periods described in this
1533-subparagraph are the following:
1534-(i) During calendar year 2024, the period beginning
1535-on the day after the date on which the joint resolution
1536-was placed on the calendar and ending on the 4th day
1537-after the date on which the joint resolution was placed
1538-on the calendar.
1539-(ii) During succeeding years under subsection (b)(2)(A),
1540-the period beginning on the day after the date on which
1541-the joint resolution was placed on the calendar and ending
1542-20 calendar days later.
1543-(iii) During succeeding years under subsection (b)(2)(B),
1544-the period beginning on the day after the date on which
1545-the joint resolution was placed on the calendar and ending
1546-50 calendar days later.
1547-(C) D
1548-EBATE.—Debate on the joint resolution, and on all
1549-debatable motions and appeals in connection therewith, shall
1550-be limited to not more than 10 hours, which shall be divided
1551-equally between the majority and minority leaders or their
1552-designees. A motion further to limit debate is in order and
1553-not debatable. An amendment to, or a motion to postpone,
1554-or a motion to proceed to the consideration of other business,
1555-or a motion to recommit the joint resolution is not in order.
1556-(D) V
1557-OTE ON PASSAGE .—The vote on passage shall occur
1558-immediately following the conclusion of the debate on a joint
1559-resolution and a single quorum call at the conclusion of the
1560-debate if requested in accordance with the rules of the Senate.
1561-(E) R
1562-ULINGS OF THE CHAIR ON PROCEDURE .—Appeals from
1563-the decisions of the Chair relating to the application of the
1564-rules of the Senate, as the case may be, to the procedure
1565-relating to a joint resolution shall be decided without debate.
1566-(F) O
1567-NE JOINT RESOLUTION OF DISAPPROVAL PER REVIEW
1568-PERIOD.—Only one joint resolution shall be in order during
1569-each of the review periods described in subsection (b), unless
1570-the additional joint resolution is a joint resolution of the House
1571-of Representatives considered under paragraph (2) or (3) of
1572-subsection (f).
1573-(f) R
1574-ULESRELATING TO SENATE AND HOUSE OFREPRESENTA-
1575-TIVES.—
1576-(1) C
1577-OORDINATION WITHACTION BYOTHERHOUSE.—If, before
1578-the passage by one House of a joint resolution of that House,
1579-that House receives from the other House a joint resolution, then
1580-the following procedures shall apply:
1581-(A) The joint resolution of the other House shall not be
1582-referred to a committee.
1583-(B) With respect to a joint resolution of the House receiving
1584-the resolution—
1585-(i) the procedure in that House shall be the same
1586-as if no joint resolution had been received from the other
1587-House; but
1588-(ii) the vote on passage shall be on the joint resolution
1589-of the other House.
1590-(2) T
1591-REATMENT OF JOINTRESOLUTION OF OTHERHOUSE.—If
1592-one House fails to introduce or consider a joint resolution under H. R. 815—30
1593-this section, the joint resolution of the other House shall be entitled
1594-to expedited floor procedures under this section.
1595-(3) T
1596-REATMENT OF COMPANION MEASURES.—If, following pas-
1597-sage of the joint resolution in the Senate, the Senate then receives
1598-the companion measure from the House of Representatives, the
1599-companion measure shall not be debatable.
1600-(4) C
1601-ONSIDERATION AFTERPASSAGE.—
1602-(A) I
1603-N GENERAL.—If Congress passes a joint resolution,
1604-the period beginning on the date on which the President is
1605-presented with the joint resolution and ending on the date
1606-on which the President takes action with respect to the joint
1607-resolution shall be disregarded in computing the 10-, 30-, or
1608-60-calendar-day period described in subsection (b), but the
1609-President may not take any action with respect to the indebted-
1610-ness of the Government of Ukraine during any such period.
1611-(B) V
1612-ETOES.—If the President vetoes the joint resolution,
1613-debate on a veto message in the Senate under this section
1614-shall be 1 hour equally divided between the majority and
1615-minority leaders or their designees.
1616-(5) R
1617-ULES OFHOUSE OFREPRESENTATIVES AND SENATE.—This
1618-subsection and subsections (c), (d), and (e) are enacted by Con-
1619-gress—
1620-(A) as an exercise of the rulemaking power of the Senate
1621-and House of Representatives, respectively, and as such are
1622-deemed a part of the rules of each House, respectively, but
1623-applicable only with respect to the procedure to be followed
1624-in that House in the case of a joint resolution, and supersede
1625-other rules only to the extent that they are inconsistent with
1626-such rules; and
1627-(B) with full recognition of the constitutional right of either
1628-House to change the rules (so far as relating to the procedure
1629-of that House) at any time, in the same manner, and to the
1630-same extent as in the case of any other rule of that House.
1631-S
1632-EC. 509. Funds appropriated by this division for foreign assist-
1633-ance (including foreign military sales), for the Department of State,
1634-for broadcasting subject to supervision of United States Agency
1635-for Global Media, and for intelligence or intelligence related activi-
1636-ties are deemed to be specifically authorized by the Congress for
1637-the purposes of section 10 of Public Law 91–672 (22 U.S.C. 2412),
1638-section 15 of the State Department Basic Authorities Act of 1956
1639-(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
1640-Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
1641-504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
1642-S
1643-EC. 510. Each amount designated in this division by the Con-
1644-gress as being for an emergency requirement pursuant to section
1645-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
1646-trol Act of 1985 shall be available (or repurposed or rescinded,
1647-if applicable) only if the President subsequently so designates all
1648-such amounts and transmits such designations to the Congress.
1649-S
1650-EC. 511. Any amount appropriated by this division, designated
1651-by the Congress as an emergency requirement pursuant to section
1652-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
1653-trol Act of 1985, and subsequently so designated by the President,
1654-and transferred pursuant to transfer authorities provided by this
1655-division shall retain such designation. H. R. 815—31
1656-SPENDING REDUCTION ACCOUNT
1657-S
1658-EC. 512. $0.
1659-This division may be cited as the ‘‘Ukraine Security Supple-
1660-mental Appropriations Act, 2024’’.
1661-DIVISION C—INDO-PACIFIC SECURITY
1662-SUPPLEMENTAL APPROPRIATIONS
1663-ACT, 2024
1664-That the following sums are appropriated, out of any money
1665-in the Treasury not otherwise appropriated, for the fiscal year
1666-ending September 30, 2024, and for other purposes, namely:
1667-TITLE I
1668-DEPARTMENT OF DEFENSE
1669-OPERATION AND MAINTENANCE
1670-O
1671-PERATION AND MAINTENANCE, NAVY
1672-For an additional amount for ‘‘Operation and Maintenance,
1673-Navy’’, $557,758,000, to remain available until September 30, 2024,
1674-to support improvements to the submarine industrial base and
1675-for related expenses: Provided, That such amount is designated
1676-by the Congress as being for an emergency requirement pursuant
1677-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
1678-Deficit Control Act of 1985.
1679-O
1680-PERATION AND MAINTENANCE, DEFENSE-WIDE
1681-(INCLUDING TRANSFERS OF FUNDS)
1682-For an additional amount for ‘‘Operation and Maintenance,
1683-Defense-Wide’’, $1,900,000,000, to remain available until September
1684-30, 2025, to respond to the situation in Taiwan and for related
1685-expenses: Provided, That such funds may be transferred to accounts
1686-under the headings ‘‘Operation and Maintenance’’, ‘‘Procurement’’,
1687-and ‘‘Revolving and Management Funds’’ for replacement, through
1688-new procurement or repair of existing unserviceable equipment,
1689-of defense articles from the stocks of the Department of Defense,
1690-and for reimbursement for defense services of the Department of
1691-Defense and military education and training, provided to Taiwan
1692-or identified and notified to Congress for provision to Taiwan or
1693-to foreign countries that have provided support to Taiwan at the
1694-request of the United States: Provided further, That funds trans-
1695-ferred pursuant to the preceding proviso shall be merged with
1696-and available for the same purposes and for the same time period
1697-as the appropriations to which the funds are transferred: Provided
1698-further, That the Secretary of Defense shall notify the congressional
1699-defense committees of the details of such transfers not less than
1700-15 days before any such transfer: Provided further, That upon
1701-a determination that all or part of the funds transferred from
1702-this appropriation are not necessary for the purposes provided
1703-herein, such amounts may be transferred back and merged with H. R. 815—32
1704-this appropriation: Provided further, That any transfer authority
1705-provided herein is in addition to any other transfer authority pro-
1706-vided by law: Provided further, That such amount is designated
1707-by the Congress as being for an emergency requirement pursuant
1708-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
1709-Deficit Control Act of 1985.
1710-PROCUREMENT
1711-S
1712-HIPBUILDING AND CONVERSION, NAVY
1713-For an additional amount for ‘‘Shipbuilding and Conversion,
1714-Navy’’, $2,155,000,000, to remain available until September 30,
1715-2028, to support improvements to the submarine industrial base
1716-and for related expenses: Provided, That of the total amount pro-
1717-vided under this heading in this division, funds shall be available
1718-as follows:
1719-Columbia Class Submarine (AP), $1,955,000,000; and
1720-Virginia Class Submarine (AP), $200,000,000:
1721-Provided further, That such amount is designated by the Congress
1722-as being for an emergency requirement pursuant to section
1723-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
1724-trol Act of 1985.
1725-O
1726-THERPROCUREMENT , NAVY
1727-For an additional amount for ‘‘Other Procurement, Navy’’,
1728-$293,570,000, to remain available until September 30, 2026, to
1729-support improvements to the submarine industrial base and for
1730-related expenses: Provided, That such amount is designated by
1731-the Congress as being for an emergency requirement pursuant
1732-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
1733-Deficit Control Act of 1985.
1734-D
1735-EFENSEPRODUCTIONACTPURCHASES
1736-For an additional amount for ‘‘Defense Production Act Pur-
1737-chases’’, $132,600,000, to remain available until expended, for activi-
1738-ties by the Department of Defense pursuant to sections 108, 301,
1739-302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
1740-4518, 4531, 4532, and 4533): Provided, That such amounts shall
1741-be obligated and expended by the Secretary of Defense as if dele-
1742-gated the necessary authorities conferred by the Defense Production
1743-Act of 1950: Provided further, That such amount is designated
1744-by the Congress as being for an emergency requirement pursuant
1745-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
1746-Deficit Control Act of 1985.
1747-RESEARCH, DEVELOPMENT, TEST AND EVALUATION
1748-R
1749-ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, NAVY
1750-For an additional amount for ‘‘Research, Development, Test
1751-and Evaluation, Navy’’, $7,000,000, to remain available until Sep-
1752-tember 30, 2025, to support improvements to the submarine indus-
1753-trial base and for related expenses: Provided, That such amount H. R. 815—33
1754-is designated by the Congress as being for an emergency require-
1755-ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
1756-and Emergency Deficit Control Act of 1985.
1757-GENERAL PROVISIONS—THIS TITLE
1758-S
1759-EC. 101. For an additional amount for the Department of
1760-Defense, $542,400,000, to remain available until September 30,
1761-2024, for transfer to operation and maintenance accounts, procure-
1762-ment accounts, and research, development, test and evaluation
1763-accounts, in addition to amounts otherwise made available for such
1764-purpose, only for unfunded priorities of the United States Indo-
1765-Pacific Command for fiscal year 2024 (as submitted to Congress
1766-pursuant to section 1105 of title 31, United States Code): Provided,
1767-That none of the funds provided under this section may be obligated
1768-or expended until 30 days after the Secretary of Defense, through
1769-the Under Secretary of Defense (Comptroller), provides the Commit-
1770-tees on Appropriations of the House of Representatives and the
1771-Senate a detailed execution plan for such funds: Provided further,
1772-That not less than 15 days prior to any transfer of funds, the
1773-Secretary of Defense shall notify the congressional defense commit-
1774-tees of the details of any such transfer: Provided further, That
1775-upon transfer, the funds shall be merged with and available for
1776-the same purposes, and for the same time period, as the appropria-
1777-tion to which transferred: Provided further, That any transfer
1778-authority provided herein is in addition to any other transfer
1779-authority provided by law: Provided further, That such amount
1780-is designated by the Congress as being for an emergency require-
1781-ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
1782-and Emergency Deficit Control Act of 1985.
1783-TITLE II
1784-DEPARTMENT OF DEFENSE
1785-M
1786-ILITARYCONSTRUCTION, NAVY ANDMARINECORPS
1787-For an additional amount for ‘‘Military Construction, Navy
1788-and Marine Corps’’, $281,914,000, to remain available until Sep-
1789-tember 30, 2028, to support improvements to the submarine indus-
1790-trial base and for related expenses: Provided, That not later than
1791-60 days after the date of enactment of this division, the Secretary
1792-of the Navy, or their designee, shall submit to the Committees
1793-on Appropriations of the House of Representatives and the Senate
1794-an expenditure plan for funds provided under this heading in this
1795-division: Provided further, That such funds may be obligated or
1796-expended for planning and design and military construction projects
1797-not otherwise authorized by law: Provided further, That such
1798-amount is designated by the Congress as being for an emergency
1799-requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
1800-Budget and Emergency Deficit Control Act of 1985. H. R. 815—34
1801-TITLE III
1802-DEPARTMENT OF STATE AND RELATED AGENCY
1803-INTERNATIONAL SECURITY ASSISTANCE
1804-F
1805-UNDSAPPROPRIATED TO THE PRESIDENT
1806-FOREIGN MILITARY FINANCING PROGRAM
1807-For an additional amount for ‘‘Foreign Military Financing Pro-
1808-gram’’, $2,000,000,000 (increased by $500,000,000) (reduced by
1809-$500,000,000), to remain available until September 30, 2025, for
1810-assistance for the Indo-Pacific region and for related expenses:
1811-Provided, That amounts made available under this heading in this
1812-division and unobligated balances of amounts made available under
1813-this heading in Acts making appropriations for the Department
1814-of State, foreign operations, and related programs for fiscal year
1815-2024 and prior fiscal years shall be available for the cost of loans
1816-and loan guarantees as authorized by section 2606 of the Ukraine
1817-Supplemental Appropriations Act, 2022 (division N of Public Law
1818-117–103), subject to the terms and conditions provided in such
1819-section, or as otherwise authorized by law: Provided further, That
1820-loan guarantees made using amounts described in the preceding
1821-proviso for loans financed by the Federal Financing Bank may
1822-be provided notwithstanding any provision of law limiting the
1823-percentage of loan principal that may be guaranteed: Provided
1824-further, That up to $5,000,000 of funds made available under this
1825-heading in this division, in addition to funds otherwise available
1826-for such purposes, may be used by the Department of State for
1827-necessary expenses for the general costs of administering military
1828-assistance and sales, including management and oversight of such
1829-programs and activities: Provided further, That such amount is
1830-designated by the Congress as being for an emergency requirement
1831-pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
1832-Emergency Deficit Control Act of 1985.
1833-INTERNATIONAL ASSISTANCE PROGRAMS
1834-M
1835-ULTILATERALASSISTANCE
1836-CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
1837-For an additional amount for ‘‘Contribution to the International
1838-Development Association’’, $250,000,000, to remain available until
1839-expended, which shall be made available for a contribution to the
1840-International Development Association Special Program to Enhance
1841-Crisis Response Window: Provided, That such amount is designated
1842-by the Congress as being for an emergency requirement pursuant
1843-to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
1844-Deficit Control Act of 1985. H. R. 815—35
1845-GENERAL PROVISIONS—THIS TITLE
1846-(INCLUDING TRANSFERS OF FUNDS)
1847-S
1848-EC. 301. During fiscal year 2024, section 506(a)(1) of the
1849-Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be
1850-applied by substituting ‘‘$7,800,000,000’’ for ‘‘$100,000,000’’.
1851-S
1852-EC. 302. During fiscal year 2024, section 506(a)(2)(B) of the
1853-Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be
1854-applied by substituting ‘‘$400,000,000’’ for ‘‘$200,000,000’’ in the
1855-matter preceding clause (i), and by substituting ‘‘$150,000,000’’
1856-for ‘‘$75,000,000’’ in clause (i).
1857-S
1858-EC. 303. During fiscal year 2024, section 552(c)(2) of the For-
1859-eign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied
1860-by substituting ‘‘$50,000,000’’ for ‘‘$25,000,000’’.
1861-S
1862-EC. 304. (a) Section 2606 of the Ukraine Supplemental Appro-
1863-priations Act, 2022 (division N of Public Law 117–103) is amended
1864-as follows:
1865-(1) in subsection (a), by striking ‘‘and North Atlantic Treaty
1866-Organization (NATO) allies’’ and inserting ‘‘, North Atlantic Treaty
1867-Organization (NATO) allies, major non-NATO allies, and the Indo-
1868-Pacific region’’; by striking ‘‘$4,000,000,000’’ and inserting
1869-‘‘$8,000,000,000’’; and by striking ‘‘, except that such rate may
1870-not be less than the prevailing interest rate on marketable Treasury
1871-securities of similar maturity’’.
1872-(2) in subsection (b), by striking ‘‘and NATO allies’’ and
1873-inserting ‘‘, NATO allies, major non-NATO allies, and the Indo-
1874-Pacific region’’; by striking ‘‘$4,000,000,000’’ and inserting
1875-‘‘$8,000,000,000’’; and by inserting at the end of the second proviso
1876-‘‘except for guarantees of loans by the Federal Financing Bank’’.
1877-(b) Funds made available for the costs of direct loans and
1878-loan guarantees for major non-NATO allies and the Indo-Pacific
1879-region pursuant to section 2606 of division N of Public Law 117–
1880-103, as amended by subsection (a), may only be made available
1881-from funds appropriated by this division under the heading ‘‘Foreign
1882-Military Financing Program’’ and available balances from under
1883-such heading in prior Acts making appropriations for the Depart-
1884-ment of State, foreign operations, and related programs: Provided,
1885-That such funds may only be made available if the Secretary
1886-of State certifies and reports to the appropriate congressional
1887-committees, not less than 15 days prior to the obligation of such
1888-funds, that such direct loan or loan guarantee is in the national
1889-security interest of the United States, is being provided in response
1890-to exigent circumstances, is addressing a mutually agreed upon
1891-emergency requirement of the recipient country, and the recipient
1892-country has a plan to repay such loan: Provided further, That
1893-not less than 60 days after the date of enactment of this division,
1894-the Secretary of State shall consult with such committees on the
1895-implementation of this subsection.
1896-(c) Amounts repurposed pursuant to this section that were
1897-previously designated by the Congress as an emergency requirement
1898-pursuant to a concurrent resolution on the Budget are designated
1899-as an emergency requirement pursuant to section 251(b)(2)(A)(i)
1900-of the Balanced Budget and Emergency Deficit Control Act of 1985.
1901-S
1902-EC. 305. Prior to the initial obligation of funds made available
1903-in this title in this division, but not later than 15 days after
1904-the date of enactment of this division, the Secretary of State and H. R. 815—36
1905-the Secretary of the Treasury, as appropriate, shall submit to
1906-the Committees on Appropriations spend plans, as defined in section
1907-7034(s)(4) of the Department of State, Foreign Operations, and
1908-Related Programs Appropriations Act, 2023 (division K of Public
1909-Law 117–328), at the country, account, and program level, for
1910-funds appropriated by this division under the headings ‘‘Foreign
1911-Military Financing Program’’ and ‘‘Contribution to the International
1912-Development Association’’: Provided, That plans submitted pursuant
1913-to this paragraph shall include for each program notified—(A) total
1914-funding made available for such program, by account and fiscal
1915-year; (B) funding that remains unobligated for such program from
1916-prior year base or supplemental appropriations; (C) funding that
1917-is obligated but unexpended for such program; and (D) funding
1918-committed, but not yet notified for such program. H. R. 815—37
1919-TITLE IV
1920-GENERAL PROVISIONS—THIS DIVISION
1921-S
1922-EC. 401. Each amount appropriated or made available by
1923-this division is in addition to amounts otherwise appropriated for
1924-the fiscal year involved.
1925-S
1926-EC. 402. No part of any appropriation contained in this division
1927-shall remain available for obligation beyond the current fiscal year
1928-unless expressly so provided herein.
1929-S
1930-EC. 403. Unless otherwise provided for by this division, the
1931-additional amounts appropriated by this division to appropriations
1932-accounts shall be available under the authorities and conditions
1933-applicable to such appropriations accounts for fiscal year 2024.
1934-S
1935-EC. 404. Funds appropriated by this division for foreign assist-
1936-ance (including foreign military sales), for the Department of State,
1937-for broadcasting subject to supervision of United States Agency
1938-for Global Media, and for intelligence or intelligence related activi-
1939-ties are deemed to be specifically authorized by the Congress for
1940-the purposes of section 10 of Public Law 91–672 (22 U.S.C. 2412),
1941-section 15 of the State Department Basic Authorities Act of 1956
1942-(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
1943-Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
1944-504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
1945-S
1946-EC. 405. Each amount designated in this division by the Con-
1947-gress as being for an emergency requirement pursuant to section
1948-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
1949-trol Act of 1985 shall be available (or repurposed or rescinded,
1950-if applicable) only if the President subsequently so designates all
1951-such amounts and transmits such designations to the Congress.
1952-S
1953-EC. 406. Any amount appropriated by this division, designated
1954-by the Congress as an emergency requirement pursuant to section
1955-251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
1956-trol Act of 1985, and subsequently so designated by the President,
1957-and transferred pursuant to transfer authorities provided by this
1958-division shall retain such designation.
1959-SPENDING REDUCTION ACCOUNT
1960-S
1961-EC. 407. $0.
1962-This division may be cited as the ‘‘Indo-Pacific Security Supple-
1963-mental Appropriations Act, 2024’’.
1964-DIVISION D—21ST CENTURY PEACE
1965-THROUGH STRENGTH ACT
1966-SEC. 1. SHORT TITLE.
1967-This division may be cited as the ‘‘21st Century Peace through
1968-Strength Act’’.
1969-SEC. 2. TABLE OF CONTENTS.
2272+EC. 407. $0. 16
2273+This division may be cited as the ‘‘Indo-Pacific Secu-17
2274+rity Supplemental Appropriations Act, 2024’’. 18
2275+DIVISION D—21ST CENTURY 19
2276+PEACE THROUGH STRENGTH 20
2277+ACT 21
2278+SECTION 1. SHORT TITLE. 22
2279+This division may be cited as the ‘‘21st Century Peace 23
2280+through Strength Act’’. 24 84
2281+•HR 815 EAH
2282+SEC. 2. TABLE OF CONTENTS. 1
19702283 Sec. 1. Short title.
19712284 Sec. 2. Table of contents.
19722285 DIVISION E—FEND OFF FENTANYL ACT
19732286 Sec. 3001. Short titles.
1974-Sec. 3002. Sense of Congress. H. R. 815—38
2287+Sec. 3002. Sense of Congress.
19752288 Sec. 3003. Definitions.
19762289 TITLE I—SANCTIONS MATTERS
1977-Subtitle A—Sanctions in Response to National Emergency Relating to Fentanyl
1978-Trafficking
2290+Subtitle A—Sanctions in Response to National Emergency Relating to
2291+Fentanyl Trafficking
19792292 Sec. 3101. Finding; policy.
19802293 Sec. 3102. Use of national emergency authorities; reporting.
19812294 Sec. 3103. Imposition of sanctions with respect to fentanyl trafficking by
19822295 transnational criminal organizations.
19832296 Sec. 3104. Penalties; waivers; exceptions.
1984-Sec. 3105. Treatment of forfeited property of transnational criminal organizations.
2297+Sec. 3105. Treatment of forfeited property of transnational criminal organiza-
2298+tions.
19852299 Subtitle B—Other Matters
19862300 Sec. 3111. Ten-year statute of limitations for violations of sanctions.
19872301 Sec. 3112. Classified report and briefing on staffing of office of foreign assets con-
19882302 trol.
1989-Sec. 3113. Report on drug transportation routes and use of vessels with mislabeled
1990-cargo.
2303+Sec. 3113. Report on drug transportation routes and use of vessels with mis-
2304+labeled cargo.
19912305 Sec. 3114. Report on actions of People’s Republic of China with respect to persons
19922306 involved in fentanyl supply chain.
19932307 TITLE II—ANTI-MONEY LAUNDERING MATTERS
19942308 Sec. 3201. Designation of illicit fentanyl transactions of sanctioned persons as of
19952309 primary money laundering concern.
1996-Sec. 3202. Treatment of transnational criminal organizations in suspicious trans-
1997-actions reports of the financial crimes enforcement network.
1998-Sec. 3203. Report on trade-based money laundering in trade with Mexico, the Peo-
1999-ple’s Republic of China, and Burma.
2310+Sec. 3202. Treatment of transnational criminal organizations in suspicious
2311+transactions reports of the financial crimes enforcement network.
2312+Sec. 3203. Report on trade-based money laundering in trade with Mexico, the
2313+People’s Republic of China, and Burma.
20002314 TITLE III—EXCEPTION RELATING TO IMPORTATION OF GOODS
20012315 Sec. 3301. Exception relating to importation of goods.
2002-DIVISION F—REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY
2316+DIVISION F—REBUILDING ECONOMIC PROSPERITY AND
2317+OPPORTUNITY FOR UKRAINIANS ACT
2318+TITLE I—REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY
20032319 FOR UKRAINIANS ACT
2004-TITLE I—REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR
2005-UKRAINIANS ACT
20062320 Sec. 1. Short title; table of contents.
2007-Sec. 2. Definitions.
2321+Sec. 2. Definitions. 85
2322+•HR 815 EAH
20082323 TITLE II—REPURPOSING OF RUSSIAN SOVEREIGN ASSETS
20092324 Sec. 101. Findings; sense of Congress.
20102325 Sec. 102. Sense of Congress regarding importance of the Russian Federation pro-
20112326 viding compensation to Ukraine.
20122327 Sec. 103. Prohibition on release of blocked Russian sovereign assets.
20132328 Sec. 104. Authority to ensure compensation to Ukraine using seized Russian sov-
20142329 ereign assets and Russian aggressor state sovereign assets.
2015-Sec. 105. International mechanism to use Russian sovereign assets and Russian ag-
2016-gressor state sovereign assets to provide for the reconstruction of
2017-Ukraine.
2330+Sec. 105. International mechanism to use Russian sovereign assets and Russian
2331+aggressor state sovereign assets to provide for the reconstruction
2332+of Ukraine.
20182333 Sec. 106. Report on use of transferred Russian sovereign assets for reconstruction.
2019-Sec. 107. Assessment by Secretary of State and Administrator of USAID on recon-
2020-struction and rebuilding needs of Ukraine.
2334+Sec. 107. Assessment by Secretary of State and Administrator of USAID on re-
2335+construction and rebuilding needs of Ukraine.
20212336 Sec. 108. Extensions.
20222337 DIVISION G—OTHER MATTERS
20232338 Sec. 1. Report and imposition of sanctions to harmonize with allied sanctions.
2024-Sec. 2. Inclusion of information on emerging technological developments in annual
2025-China Military Power report.
2339+Sec. 2. Inclusion of information on emerging technological developments in an-
2340+nual China Military Power report.
20262341 DIVISION H—PROTECTING AMERICANS FROM FOREIGN ADVERSARY
20272342 CONTROLLED APPLICATIONS ACT
20282343 Sec. 1. Short title.
20292344 Sec. 2. Prohibition of foreign adversary controlled applications.
20302345 Sec. 3. Judicial review.
20312346 DIVISION I—PROTECTING AMERICANS’ DATA FROM FOREIGN
20322347 ADVERSARIES ACT OF 2024
2033-Sec. 1. Short title. H. R. 815—39
2348+Sec. 1. Short title.
20342349 Sec. 2. Prohibition on transfer of personally identifiable sensitive data of United
20352350 States individuals to foreign adversaries.
20362351 DIVISION J—SHIP ACT
20372352 Sec. 1. Short title.
20382353 Sec. 2. Statement of policy.
20392354 Sec. 3. Imposition of sanctions with respect to Iranian petroleum.
20402355 Sec. 4. Report on Iranian petroleum and petroleum products exports.
2041-Sec. 5. Strategy to counter role of the People’s Republic of China in evasion of sanc-
2042-tions with respect to Iran.
2356+Sec. 5. Strategy to counter role of the People’s Republic of China in evasion of
2357+sanctions with respect to Iran.
20432358 Sec. 6. Definitions.
20442359 DIVISION K—FIGHT CRIME ACT
20452360 Sec. 1. Short title.
20462361 Sec. 2. Findings.
20472362 Sec. 3. Statement of policy.
20482363 Sec. 4. Report.
20492364 Sec. 5. Sanctions to combat the proliferation of Iranian missiles.
2050-Sec. 6. Report to identify, and designation as foreign terrorist organizations of, Ira-
2051-nian persons that have attacked united states citizens using unmanned
2052-combat aerial vehicles.
2053-Sec. 7. Definitions.
2365+Sec. 6. Report to identify, and designation as foreign terrorist organizations of,
2366+Iranian persons that have attacked united states citizens using
2367+unmanned combat aerial vehicles.
2368+Sec. 7. Definitions. 86
2369+•HR 815 EAH
20542370 DIVISION L—MAHSA ACT
20552371 Sec. 1. Short title.
2056-Sec. 2. Imposition of sanctions on Iran’s supreme leader’s office, its appointees, and
2057-any affiliated persons.
2372+Sec. 2. Imposition of sanctions on Iran’s supreme leader’s office, its appointees,
2373+and any affiliated persons.
20582374 Sec. 3. Severability.
2059-DIVISION M—HAMAS AND OTHER PALESTINIAN TERRORIST GROUPS
2060-INTERNATIONAL FINANCING PREVENTION ACT
2375+DIVISION M—HAMAS AND OTHER PALESTINIAN TERRORIST
2376+GROUPS INTERNATIONAL FINANCING PREVENTION ACT
20612377 Sec. 1. Short title.
20622378 Sec. 2. Statement of policy.
20632379 Sec. 3. Imposition of sanctions with respect to foreign persons supporting acts of
2064-terrorism or engaging in significant transactions with senior members
2065-of Hamas, Palestinian Islamic jihad and other Palestinian terrorist or-
2066-ganizations.
2380+terrorism or engaging in significant transactions with senior
2381+members of Hamas, Palestinian Islamic jihad and other Pales-
2382+tinian terrorist organizations.
20672383 Sec. 4. Imposition of measures with respect to foreign states providing support to
2068-Hamas, Palestinian Islamic jihad and other Palestinian terrorist organi-
2069-zations.
2384+Hamas, Palestinian Islamic jihad and other Palestinian ter-
2385+rorist organizations.
20702386 Sec. 5. Reports on activities to disrupt global fundraising, financing, and money
2071-laundering activities of Hamas, Palestinian Islamic jihad, al-aqsa mar-
2072-tyrs brigade, the lion’s den or any affiliate or successor thereof.
2387+laundering activities of Hamas, Palestinian Islamic jihad, al-
2388+aqsa martyrs brigade, the lion’s den or any affiliate or successor
2389+thereof.
20732390 Sec. 6. Termination.
20742391 Sec. 7. Definitions.
20752392 DIVISION N—NO TECHNOLOGY FOR TERROR ACT
20762393 Sec. 1. Short title.
20772394 Sec. 2. Application of foreign-direct product rules to Iran.
2078-DIVISION O—STRENGTHENING TOOLS TO COUNTER THE USE OF HUMAN
2079-SHIELDS ACT
2395+DIVISION O—STRENGTHENING TOOLS TO COUNTER THE USE OF
2396+HUMAN SHIELDS ACT
20802397 Sec. 1. Short title.
20812398 Sec. 2. Statement of policy.
2082-Sec. 3. Modification and extension of Sanctioning the Use of Civilians as Defense-
2083-less Shields Act.
2399+Sec. 3. Modification and extension of Sanctioning the Use of Civilians as De-
2400+fenseless Shields Act.
20842401 Sec. 4. Report on countering the use of human shields.
20852402 Sec. 5. Confronting asymmetric and malicious cyber activities.
2086-Sec. 6. Sanctions with respect to threats to current or former united states officials.
2403+Sec. 6. Sanctions with respect to threats to current or former united states offi-
2404+cials.
20872405 DIVISION P—ILLICIT CAPTAGON TRAFFICKING SUPPRESSION ACT
20882406 Sec. 1. Short title.
20892407 Sec. 2. Findings.
20902408 Sec. 3. Statement of policy.
20912409 Sec. 4. Imposition of sanctions with respect to illicit captagon trafficking.
2092-Sec. 5. Determinations with respect to the government of Syria, hizballah, and net-
2093-works affiliated with the government of Syria or hizballah.
2410+Sec. 5. Determinations with respect to the government of Syria, hizballah, and
2411+networks affiliated with the government of Syria or hizballah.
20942412 Sec. 6. Definitions.
2095-DIVISION Q—END FINANCING FOR HAMAS AND STATE SPONSORS OF
2096-TERRORISM ACT
2097-Sec. 1. Short title. H. R. 815—40
2098-Sec. 2. Report on financing for Hamas.
2413+DIVISION Q—END FINANCING FOR HAMAS AND STATE SPONSORS
2414+OF TERRORISM ACT
2415+Sec. 1. Short title.
2416+Sec. 2. Report on financing for Hamas. 87
2417+•HR 815 EAH
20992418 Sec. 3. Multilateral Strategy to Disrupt Hamas Financing.
21002419 DIVISION R—HOLDING IRANIAN LEADERS ACCOUNTABLE ACT
21012420 Sec. 1. Short title.
21022421 Sec. 2. Findings.
2103-Sec. 3. Report on financial institutions and assets connected to certain Iranian offi-
2104-cials.
2422+Sec. 3. Report on financial institutions and assets connected to certain Iranian
2423+officials.
21052424 Sec. 4. Restrictions on certain financial institutions.
21062425 Sec. 5. Exceptions for national security; implementation authority.
21072426 Sec. 6. Sunset.
21082427 Sec. 7. Definitions.
21092428 DIVISION S—IRAN-CHINA ENERGY SANCTIONS ACT OF 2023
21102429 Sec. 1. Short title.
2111-Sec. 2. Sanctions on foreign financial institutions with respect to the purchase of
2112-petroleum products and unmanned aerial vehicles from Iran.
2430+Sec. 2. Sanctions on foreign financial institutions with respect to the purchase
2431+of petroleum products and unmanned aerial vehicles from Iran.
21132432 DIVISION T—BUDGETARY EFFECTS
21142433 Sec. 1. Budgetary effects.
2115-DIVISION E—FEND OFF FENTANYL ACT
2116-SEC. 3001. SHORT TITLES.
2117-This division may be cited as the ‘‘Fentanyl Eradication and
2118-Narcotics Deterrence Off Fentanyl’’ or the ‘‘FEND Off Fentanyl
2119-Act’’.
2120-SEC. 3002. SENSE OF CONGRESS.
2121-It is the sense of Congress that—
2122-(1) the proliferation of fentanyl is causing an unprecedented
2123-surge in overdose deaths in the United States, fracturing fami-
2124-lies and communities, and necessitating a comprehensive policy
2125-response to combat its lethal flow and to mitigate the drug’s
2126-devastating consequences;
2127-(2) the trafficking of fentanyl into the United States is
2128-a national security threat that has killed hundreds of thousands
2129-of United States citizens;
2130-(3) transnational criminal organizations, including cartels
2131-primarily based in Mexico, are the main purveyors of fentanyl
2132-into the United States and must be held accountable;
2133-(4) precursor chemicals sourced from the People’s Republic
2134-of China are—
2135-(A) shipped from the People’s Republic of China by
2136-legitimate and illegitimate means;
2137-(B) transformed through various synthetic processes
2138-to produce different forms of fentanyl; and
2139-(C) crucial to the production of illicit fentanyl by
2140-transnational criminal organizations, contributing to the
2141-ongoing opioid crisis;
2142-(5) the United States Government must remain vigilant
2143-to address all new forms of fentanyl precursors and drugs
2144-used in combination with fentanyl, such as Xylazine, which
2145-attribute to overdose deaths of people in the United States;
2146-(6) to increase the cost of fentanyl trafficking, the United
2147-States Government should work collaboratively across agencies
2148-and should surge analytic capability to impose sanctions and
2149-other remedies with respect to transnational criminal organiza-
2150-tions (including cartels), including foreign nationals who facili-
2151-tate the trade in illicit fentanyl and its precursors from the
2152-People’s Republic of China; and H. R. 815—41
2153-(7) the Department of the Treasury should focus on fentanyl
2154-trafficking and its facilitators as one of the top national security
2155-priorities for the Department.
2156-SEC. 3003. DEFINITIONS.
2157-In this division:
2434+DIVISION E—FEND OFF 1
2435+FENTANYL ACT 2
2436+SEC. 3001. SHORT TITLES. 3
2437+This division may be cited as the ‘‘Fentanyl Eradi-4
2438+cation and Narcotics Deterrence Off Fentanyl’’ or the 5
2439+‘‘FEND Off Fentanyl Act’’. 6
2440+SEC. 3002. SENSE OF CONGRESS. 7
2441+It is the sense of Congress that— 8
2442+(1) the proliferation of fentanyl is causing an 9
2443+unprecedented surge in overdose deaths in the United 10
2444+States, fracturing families and communities, and ne-11
2445+cessitating a comprehensive policy response to combat 12
2446+its lethal flow and to mitigate the drug’s devastating 13
2447+consequences; 14 88
2448+•HR 815 EAH
2449+(2) the trafficking of fentanyl into the United 1
2450+States is a national security threat that has killed 2
2451+hundreds of thousands of United States citizens; 3
2452+(3) transnational criminal organizations, in-4
2453+cluding cartels primarily based in Mexico, are the 5
2454+main purveyors of fentanyl into the United States 6
2455+and must be held accountable; 7
2456+(4) precursor chemicals sourced from the People’s 8
2457+Republic of China are— 9
2458+(A) shipped from the People’s Republic of 10
2459+China by legitimate and illegitimate means; 11
2460+(B) transformed through various synthetic 12
2461+processes to produce different forms of fentanyl; 13
2462+and 14
2463+(C) crucial to the production of illicit 15
2464+fentanyl by transnational criminal organiza-16
2465+tions, contributing to the ongoing opioid crisis; 17
2466+(5) the United States Government must remain 18
2467+vigilant to address all new forms of fentanyl precur-19
2468+sors and drugs used in combination with fentanyl, 20
2469+such as Xylazine, which attribute to overdose deaths 21
2470+of people in the United States; 22
2471+(6) to increase the cost of fentanyl trafficking, 23
2472+the United States Government should work collabo-24
2473+ratively across agencies and should surge analytic ca-25 89
2474+•HR 815 EAH
2475+pability to impose sanctions and other remedies with 1
2476+respect to transnational criminal organizations (in-2
2477+cluding cartels), including foreign nationals who fa-3
2478+cilitate the trade in illicit fentanyl and its precursors 4
2479+from the People’s Republic of China; and 5
2480+(7) the Department of the Treasury should focus 6
2481+on fentanyl trafficking and its facilitators as one of 7
2482+the top national security priorities for the Depart-8
2483+ment. 9
2484+SEC. 3003. DEFINITIONS. 10
2485+In this division: 11
21582486 (1) A
2159-PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
2160-‘‘appropriate congressional committees’’ means—
2161-(A) the Committee on Banking, Housing, and Urban
2162-Affairs of the Senate;
2163-(B) the Committee on Foreign Relations of the Senate;
2164-(C) the Committee on Financial Services of the House
2165-of Representatives; and
2166-(D) the Committee on Foreign Affairs of the House
2167-of Representatives.
2487+PPROPRIATE CONGRESSIONAL COMMIT -12
2488+TEES.—The term ‘‘appropriate congressional commit-13
2489+tees’’ means— 14
2490+(A) the Committee on Banking, Housing, 15
2491+and Urban Affairs of the Senate; 16
2492+(B) the Committee on Foreign Relations of 17
2493+the Senate; 18
2494+(C) the Committee on Financial Services of 19
2495+the House of Representatives; and 20
2496+(D) the Committee on Foreign Affairs of the 21
2497+House of Representatives. 22
21682498 (2) F
2169-OREIGN PERSON.—The term ‘‘foreign person’’—
2170-(A) means—
2171-(i) any citizen or national of a foreign country;
2172-or
2173-(ii) any entity not organized under the laws of
2174-the United States or a jurisdiction within the United
2175-States; and
2176-(B) does not include the government of a foreign
2177-country.
2499+OREIGN PERSON.—The term ‘‘foreign per-23
2500+son’’— 24
2501+(A) means— 25 90
2502+•HR 815 EAH
2503+(i) any citizen or national of a foreign 1
2504+country; or 2
2505+(ii) any entity not organized under the 3
2506+laws of the United States or a jurisdiction 4
2507+within the United States; and 5
2508+(B) does not include the government of a 6
2509+foreign country. 7
21782510 (3) K
2179-NOWINGLY.—The term ‘‘knowingly’’, with respect to
2180-conduct, a circumstance, or a result, means that a person
2181-has actual knowledge, or should have known, of the conduct,
2182-the circumstance, or the result.
2511+NOWINGLY.—The term ‘‘knowingly’’, with 8
2512+respect to conduct, a circumstance, or a result, means 9
2513+that a person has actual knowledge, or should have 10
2514+known, of the conduct, the circumstance, or the result. 11
21832515 (4) T
2184-RAFFICKING.—The term ‘‘trafficking’’, with respect to
2185-fentanyl, fentanyl precursors, or other related opioids, has the
2186-meaning given the term ‘‘opioid trafficking’’ in section 7203(8)
2187-of the Fentanyl Sanctions Act (21 U.S.C. 2302(8)).
2516+RAFFICKING.—The term ‘‘trafficking’’, with 12
2517+respect to fentanyl, fentanyl precursors, or other re-13
2518+lated opioids, has the meaning given the term ‘‘opioid 14
2519+trafficking’’ in section 7203(8) of the Fentanyl Sanc-15
2520+tions Act (21 U.S.C. 2302(8)). 16
21882521 (5) T
2189-RANSNATIONAL CRIMINAL ORGANIZATION .—The term
2190-‘‘transnational criminal organization’’ includes—
2191-(A) any organization designated as a significant
2192-transnational criminal organization under part 590 of title
2193-31, Code of Federal Regulations;
2194-(B) any of the organizations known as—
2195-(i) the Sinaloa Cartel;
2196-(ii) the Jalisco New Generation Cartel;
2197-(iii) the Gulf Cartel;
2198-(iv) the Los Zetas Cartel;
2199-(v) the Juarez Cartel;
2200-(vi) the Tijuana Cartel;
2201-(vii) the Beltran-Leyva Cartel; or
2202-(viii) La Familia Michoacana; or
2203-(C) any successor organization to an organization
2204-described in subparagraph (B) or as otherwise determined
2205-by the President.
2522+RANSNATIONAL CRIMINAL ORGANIZATION .— 17
2523+The term ‘‘transnational criminal organization’’ in-18
2524+cludes— 19
2525+(A) any organization designated as a sig-20
2526+nificant transnational criminal organization 21
2527+under part 590 of title 31, Code of Federal Regu-22
2528+lations; 23
2529+(B) any of the organizations known as— 24
2530+(i) the Sinaloa Cartel; 25 91
2531+•HR 815 EAH
2532+(ii) the Jalisco New Generation Cartel; 1
2533+(iii) the Gulf Cartel; 2
2534+(iv) the Los Zetas Cartel; 3
2535+(v) the Juarez Cartel; 4
2536+(vi) the Tijuana Cartel; 5
2537+(vii) the Beltran-Leyva Cartel; or 6
2538+(viii) La Familia Michoacana; or 7
2539+(C) any successor organization to an orga-8
2540+nization described in subparagraph (B) or as 9
2541+otherwise determined by the President. 10
22062542 (6) U
2207-NITED STATES PERSON .—The term ‘‘United States per-
2208-son’’ means—
2209-(A) a United States citizen or an alien lawfully
2210-admitted for permanent residence to the United States;
2211-(B) an entity organized under the laws of the United
2212-States or of any jurisdiction within the United States,
2213-including a foreign branch of such an entity; or
2214-(C) any person in the United States. H. R. 815—42
2215-TITLE I—SANCTIONS MATTERS
2216-Subtitle A—Sanctions in Response to Na-
2217-tional Emergency Relating to Fentanyl
2218-Trafficking
2219-SEC. 3101. FINDING; POLICY.
2220-(a) FINDING.—Congress finds that international trafficking of
2221-fentanyl, fentanyl precursors, or other related opioids constitutes
2222-an unusual and extraordinary threat to the national security, for-
2223-eign policy, and economy of the United States, and is a national
2224-emergency.
2543+NITED STATES PERSON.—The term ‘‘United 11
2544+States person’’ means— 12
2545+(A) a United States citizen or an alien law-13
2546+fully admitted for permanent residence to the 14
2547+United States; 15
2548+(B) an entity organized under the laws of 16
2549+the United States or of any jurisdiction within 17
2550+the United States, including a foreign branch of 18
2551+such an entity; or 19
2552+(C) any person in the United States. 20 92
2553+•HR 815 EAH
2554+TITLE I—SANCTIONS MATTERS 1
2555+Subtitle A—Sanctions in Response 2
2556+to National Emergency Relating 3
2557+to Fentanyl Trafficking 4
2558+SEC. 3101. FINDING; POLICY. 5
2559+(a) F
2560+INDING.—Congress finds that international traf-6
2561+ficking of fentanyl, fentanyl precursors, or other related 7
2562+opioids constitutes an unusual and extraordinary threat to 8
2563+the national security, foreign policy, and economy of the 9
2564+United States, and is a national emergency. 10
22252565 (b) P
2226-OLICY.—It shall be the policy of the United States to
2227-apply economic and other financial sanctions to those who engage
2228-in the international trafficking of fentanyl, fentanyl precursors,
2229-or other related opioids to protect the national security, foreign
2230-policy, and economy of the United States.
2231-SEC. 3102. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.
2232-(a) INGENERAL.—The President may exercise all authorities
2233-provided under sections 203 and 205 of the International Emergency
2234-Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
2235-subtitle.
2566+OLICY.—It shall be the policy of the United States 11
2567+to apply economic and other financial sanctions to those 12
2568+who engage in the international trafficking of fentanyl, 13
2569+fentanyl precursors, or other related opioids to protect the 14
2570+national security, foreign policy, and economy of the United 15
2571+States. 16
2572+SEC. 3102. USE OF NATIONAL EMERGENCY AUTHORITIES; 17
2573+REPORTING. 18
2574+(a) I
2575+NGENERAL.—The President may exercise all au-19
2576+thorities provided under sections 203 and 205 of the Inter-20
2577+national Emergency Economic Powers Act (50 U.S.C. 1702 21
2578+and 1704) to carry out this subtitle. 22
22362579 (b) R
2237-EPORTREQUIRED.—
2580+EPORTREQUIRED.— 23
22382581 (1) I
2239-N GENERAL.—Not later than 180 days after the date
2240-of the enactment of this division, and annually thereafter,
2241-the President shall submit to the appropriate congressional
2242-committees a report on actions taken by the executive branch
2243-pursuant to this subtitle and any national emergency declared
2244-with respect to the trafficking of fentanyl and trade in other
2245-illicit drugs, including—
2246-(A) the issuance of any new or revised regulations,
2247-policies, or guidance;
2248-(B) the imposition of sanctions;
2249-(C) the collection of relevant information from outside
2250-parties;
2251-(D) the issuance or closure of general licenses, specific
2252-licenses, and statements of licensing policy by the Office
2253-of Foreign Assets Control;
2254-(E) a description of any pending enforcement cases;
2255-and
2256-(F) the implementation of mitigation procedures.
2582+N GENERAL.—Not later than 180 days after 24
2583+the date of the enactment of this division, and annu-25 93
2584+•HR 815 EAH
2585+ally thereafter, the President shall submit to the ap-1
2586+propriate congressional committees a report on ac-2
2587+tions taken by the executive branch pursuant to this 3
2588+subtitle and any national emergency declared with re-4
2589+spect to the trafficking of fentanyl and trade in other 5
2590+illicit drugs, including— 6
2591+(A) the issuance of any new or revised regu-7
2592+lations, policies, or guidance; 8
2593+(B) the imposition of sanctions; 9
2594+(C) the collection of relevant information 10
2595+from outside parties; 11
2596+(D) the issuance or closure of general li-12
2597+censes, specific licenses, and statements of licens-13
2598+ing policy by the Office of Foreign Assets Con-14
2599+trol; 15
2600+(E) a description of any pending enforce-16
2601+ment cases; and 17
2602+(F) the implementation of mitigation proce-18
2603+dures. 19
22572604 (2) F
2258-ORM OF REPORT .—Each report required under para-
2259-graph (1) shall be submitted in unclassified form, but may
2260-include the matters required under subparagraphs (C), (D),
2261-(E), and (F) of such paragraph in a classified annex.
2262-SEC. 3103. IMPOSITION OF SANCTIONS WITH RESPECT TO FENTANYL
2263-TRAFFICKING BY TRANSNATIONAL CRIMINAL ORGANIZA-
2264-TIONS.
2265-(a) INGENERAL.—The President shall impose the sanctions
2266-described in subsection (b) with respect to any foreign person the
2267-President determines— H. R. 815—43
2268-(1) is knowingly involved in the significant trafficking of
2269-fentanyl, fentanyl precursors, or other related opioids, including
2270-such trafficking by a transnational criminal organization; or
2271-(2) otherwise is knowingly involved in significant activities
2272-of a transnational criminal organization relating to the traf-
2273-ficking of fentanyl, fentanyl precursors, or other related opioids.
2605+ORM OF REPORT .—Each report required 20
2606+under paragraph (1) shall be submitted in unclassi-21
2607+fied form, but may include the matters required under 22
2608+subparagraphs (C), (D), (E), and (F) of such para-23
2609+graph in a classified annex. 24 94
2610+•HR 815 EAH
2611+SEC. 3103. IMPOSITION OF SANCTIONS WITH RESPECT TO 1
2612+FENTANYL TRAFFICKING BY TRANSNATIONAL 2
2613+CRIMINAL ORGANIZATIONS. 3
2614+(a) I
2615+NGENERAL.—The President shall impose the 4
2616+sanctions described in subsection (b) with respect to any 5
2617+foreign person the President determines— 6
2618+(1) is knowingly involved in the significant traf-7
2619+ficking of fentanyl, fentanyl precursors, or other re-8
2620+lated opioids, including such trafficking by a 9
2621+transnational criminal organization; or 10
2622+(2) otherwise is knowingly involved in signifi-11
2623+cant activities of a transnational criminal organiza-12
2624+tion relating to the trafficking of fentanyl, fentanyl 13
2625+precursors, or other related opioids. 14
22742626 (b) S
2275-ANCTIONSDESCRIBED.—The President, pursuant to the
2276-International Emergency Economic Powers Act (50 U.S.C. 1701
2277-et seq.), may block and prohibit all transactions in property and
2278-interests in property of a foreign person described in subsection
2279-(a) if such property and interests in property are in the United
2280-States, come within the United States, or are or come within
2281-the possession or control of a United States person.
2627+ANCTIONSDESCRIBED.—The President, pursuant 15
2628+to the International Emergency Economic Powers Act (50 16
2629+U.S.C. 1701 et seq.), may block and prohibit all trans-17
2630+actions in property and interests in property of a foreign 18
2631+person described in subsection (a) if such property and in-19
2632+terests in property are in the United States, come within 20
2633+the United States, or are or come within the possession or 21
2634+control of a United States person. 22
22822635 (c) R
2283-EPORTREQUIRED.—Not later than 180 days after the date
2284-of the enactment of this division, and annually thereafter, the
2285-President shall submit to the appropriate congressional committees
2286-a report on actions taken by the executive branch with respect
2287-to the foreign persons identified under subsection (a).
2288-SEC. 3104. PENALTIES; WAIVERS; EXCEPTIONS.
2289-(a) PENALTIES.—Any person that violates, attempts to violate,
2290-conspires to violate, or causes a violation of this subtitle or any
2291-regulation, license, or order issued to carry out this subtitle shall
2292-be subject to the penalties set forth in subsections (b) and (c)
2293-of section 206 of the International Emergency Economic Powers
2294-Act (50 U.S.C. 1705) to the same extent as a person that commits
2295-an unlawful act described in subsection (a) of that section.
2636+EPORTREQUIRED.—Not later than 180 days 23
2637+after the date of the enactment of this division, and annu-24
2638+ally thereafter, the President shall submit to the appropriate 25
2639+congressional committees a report on actions taken by the 26 95
2640+•HR 815 EAH
2641+executive branch with respect to the foreign persons identi-1
2642+fied under subsection (a). 2
2643+SEC. 3104. PENALTIES; WAIVERS; EXCEPTIONS. 3
2644+(a) P
2645+ENALTIES.—Any person that violates, attempts 4
2646+to violate, conspires to violate, or causes a violation of this 5
2647+subtitle or any regulation, license, or order issued to carry 6
2648+out this subtitle shall be subject to the penalties set forth 7
2649+in subsections (b) and (c) of section 206 of the International 8
2650+Emergency Economic Powers Act (50 U.S.C. 1705) to the 9
2651+same extent as a person that commits an unlawful act de-10
2652+scribed in subsection (a) of that section. 11
22962653 (b) N
2297-ATIONALSECURITYWAIVER.—The President may waive
2298-the application of sanctions under this subtitle with respect to
2299-a foreign person if the President determines that such waiver
2300-is in the national security interest of the United States.
2654+ATIONALSECURITYWAIVER.—The President 12
2655+may waive the application of sanctions under this subtitle 13
2656+with respect to a foreign person if the President determines 14
2657+that such waiver is in the national security interest of the 15
2658+United States. 16
23012659 (c) E
2302-XCEPTIONS.—
2660+XCEPTIONS.— 17
23032661 (1) E
2304-XCEPTION FOR INTELLIGENCE ACTIVITIES .—This subtitle
2305-shall not apply with respect to activities subject to the reporting
2306-requirements under title V of the National Security Act of
2307-1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence
2308-activities of the United States.
2662+XCEPTION FOR INTELLIGENCE ACTIVI -18
2663+TIES.—This subtitle shall not apply with respect to 19
2664+activities subject to the reporting requirements under 20
2665+title V of the National Security Act of 1947 (50 21
2666+U.S.C. 3091 et seq.) or any authorized intelligence ac-22
2667+tivities of the United States. 23
23092668 (2) E
2310-XCEPTION FOR COMPLIANCE WITH INTERNATIONAL
2311-OBLIGATIONS AND LAW ENFORCEMENT ACTIVITIES .—Sanctions
2312-under this subtitle shall not apply with respect to an alien
2313-if admitting or paroling the alien into the United States is
2314-necessary—
2315-(A) to permit the United States to comply with the
2316-Agreement regarding the Headquarters of the United
2317-Nations, signed at Lake Success on June 26, 1947, and
2318-entered into force November 21, 1947, between the United
2319-Nations and the United States, or other applicable inter-
2320-national obligations of the United States; or
2321-(B) to carry out or assist law enforcement activity
2322-of the United States.
2669+XCEPTION FOR COMPLIANCE WITH INTER -24
2670+NATIONAL OBLIGATIONS AND LAW ENFORCEMENT AC -25 96
2671+•HR 815 EAH
2672+TIVITIES.—Sanctions under this subtitle shall not 1
2673+apply with respect to an alien if admitting or parol-2
2674+ing the alien into the United States is necessary— 3
2675+(A) to permit the United States to comply 4
2676+with the Agreement regarding the Headquarters 5
2677+of the United Nations, signed at Lake Success on 6
2678+June 26, 1947, and entered into force November 7
2679+21, 1947, between the United Nations and the 8
2680+United States, or other applicable international 9
2681+obligations of the United States; or 10
2682+(B) to carry out or assist law enforcement 11
2683+activity of the United States. 12
23232684 (3) H
2324-UMANITARIAN EXEMPTION .—The President may not
2325-impose sanctions under this subtitle with respect to any person
2326-for conducting or facilitating a transaction for the sale of agri-
2327-cultural commodities, food, medicine, or medical devices or for
2328-the provision of humanitarian assistance. H. R. 815—44
2329-SEC. 3105. TREATMENT OF FORFEITED PROPERTY OF TRANSNATIONAL
2330-CRIMINAL ORGANIZATIONS.
2331-(a) TRANSFER OF FORFEITED PROPERTY TO FORFEITURE
2685+UMANITARIAN EXEMPTION .—The President 13
2686+may not impose sanctions under this subtitle with re-14
2687+spect to any person for conducting or facilitating a 15
2688+transaction for the sale of agricultural commodities, 16
2689+food, medicine, or medical devices or for the provision 17
2690+of humanitarian assistance. 18
2691+SEC. 3105. TREATMENT OF FORFEITED PROPERTY OF 19
2692+TRANSNATIONAL CRIMINAL ORGANIZATIONS. 20
2693+(a) T
2694+RANSFER OFFORFEITEDPROPERTY TOFOR-21
2695+FEITUREFUNDS.— 22
2696+(1) I
2697+N GENERAL.—Any covered forfeited property 23
2698+shall be deposited into the Department of the Treas-24
2699+ury Forfeiture Fund established under section 9705 of 25 97
2700+•HR 815 EAH
2701+title 31, United States Code, or the Department of 1
2702+Justice Assets Forfeiture Fund established under sec-2
2703+tion 524(c) of title 28, United States Code. 3
2704+(2) R
2705+EPORT REQUIRED.—Not later than 180 4
2706+days after the date of the enactment of this division, 5
2707+and every 180 days thereafter, the President shall sub-6
2708+mit to the appropriate congressional committees a re-7
2709+port on any deposits made under paragraph (1) dur-8
2710+ing the 180-day period preceding submission of the 9
2711+report. 10
2712+(3) C
2713+OVERED FORFEITED PROPERTY DEFINED .— 11
2714+In this subsection, the term ‘‘covered forfeited prop-12
2715+erty’’ means property— 13
2716+(A) forfeited to the United States under 14
2717+chapter 46 or section 1963 of title 18, United 15
2718+States Code; and 16
2719+(B) that belonged to or was possessed by an 17
2720+individual affiliated with or connected to a 18
2721+transnational criminal organization subject to 19
2722+sanctions under— 20
2723+(i) this subtitle; 21
2724+(ii) the Fentanyl Sanctions Act (21 22
2725+U.S.C. 2301 et seq.); or 23
2726+(iii) Executive Order 14059 (50 U.S.C. 24
2727+1701 note; relating to imposing sanctions 25 98
2728+•HR 815 EAH
2729+on foreign persons involved in the global il-1
2730+licit drug trade). 2
2731+(b) B
2732+LOCKEDASSETSUNDERTERRORISMRISKIN-3
2733+SURANCEACT OF2002.—Nothing in this subtitle may be 4
2734+construed to affect the treatment of blocked assets of a ter-5
2735+rorist party described in section 201(a) of the Terrorism 6
2736+Risk Insurance Act of 2002 (28 U.S.C. 1610 note). 7
2737+Subtitle B—Other Matters 8
2738+SEC. 3111. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLA-9
2739+TIONS OF SANCTIONS. 10
2740+(a) I
2741+NTERNATIONALEMERGENCYECONOMICPOWERS 11
2742+A
2743+CT.—Section 206 of the International Emergency Eco-12
2744+nomic Powers Act (50 U.S.C. 1705) is amended by adding 13
2745+at the end the following: 14
2746+‘‘(d) S
2747+TATUTE OFLIMITATIONS.— 15
2748+‘‘(1) T
2749+IME FOR COMMENCING PROCEEDINGS .— 16
2750+‘‘(A) I
2751+N GENERAL.—An action, suit, or pro-17
2752+ceeding for the enforcement of any civil fine, 18
2753+penalty, or forfeiture, pecuniary or otherwise, 19
2754+under this section shall not be entertained unless 20
2755+commenced within 10 years after the latest date 21
2756+of the violation upon which the civil fine, pen-22
2757+alty, or forfeiture is based. 23
2758+‘‘(B) C
2759+OMMENCEMENT.—For purposes of 24
2760+this paragraph, the commencement of an action, 25 99
2761+•HR 815 EAH
2762+suit, or proceeding includes the issuance of a 1
2763+pre-penalty notice or finding of violation. 2
2764+‘‘(2) T
2765+IME FOR INDICTMENT.—No person shall be 3
2766+prosecuted, tried, or punished for any offense under 4
2767+subsection (c) unless the indictment is found or the 5
2768+information is instituted within 10 years after the 6
2769+latest date of the violation upon which the indictment 7
2770+or information is based.’’. 8
2771+(b) T
2772+RADINGWITH THEENEMYACT.—Section 16 of 9
2773+the Trading with the Enemy Act (50 U.S.C. 4315) is 10
2774+amended by adding at the end the following: 11
2775+‘‘(d) S
2776+TATUTE OFLIMITATIONS.— 12
2777+‘‘(1) T
2778+IME FOR COMMENCING PROCEEDINGS .— 13
2779+‘‘(A) I
2780+N GENERAL.—An action, suit, or pro-14
2781+ceeding for the enforcement of any civil fine, 15
2782+penalty, or forfeiture, pecuniary or otherwise, 16
2783+under this section shall not be entertained unless 17
2784+commenced within 10 years after the latest date 18
2785+of the violation upon which the civil fine, pen-19
2786+alty, or forfeiture is based. 20
2787+‘‘(B) C
2788+OMMENCEMENT.—For purposes of 21
2789+this paragraph, the commencement of an action, 22
2790+suit, or proceeding includes the issuance of a 23
2791+pre-penalty notice or finding of violation. 24 100
2792+•HR 815 EAH
2793+‘‘(2) TIME FOR INDICTMENT.—No person shall be 1
2794+prosecuted, tried, or punished for any offense under 2
2795+subsection (a) unless the indictment is found or the 3
2796+information is instituted within 10 years after the 4
2797+latest date of the violation upon which the indictment 5
2798+or information is based.’’. 6
2799+SEC. 3112. CLASSIFIED REPORT AND BRIEFING ON STAFF-7
2800+ING OF OFFICE OF FOREIGN ASSETS CON-8
2801+TROL. 9
2802+Not later than 180 days after the date of the enactment 10
2803+of this division, the Director of the Office of Foreign Assets 11
2804+Control shall provide to the appropriate congressional com-12
2805+mittees a classified report and briefing on the staffing of 13
2806+the Office of Foreign Assets Control, disaggregated by staff-14
2807+ing dedicated to each sanctions program and each country 15
2808+or issue. 16
2809+SEC. 3113. REPORT ON DRUG TRANSPORTATION ROUTES 17
2810+AND USE OF VESSELS WITH MISLABELED 18
2811+CARGO. 19
2812+Not later than 180 days after the date of the enactment 20
2813+of this division, the Secretary of the Treasury, in conjunc-21
2814+tion with the heads of other relevant Federal agencies, shall 22
2815+provide to the appropriate congressional committees a clas-23
2816+sified report and briefing on efforts to target drug transpor-24
2817+tation routes and modalities, including an assessment of the 25 101
2818+•HR 815 EAH
2819+prevalence of false cargo labeling and shipment of precursor 1
2820+chemicals without accurate tracking of the customers pur-2
2821+chasing the chemicals. 3
2822+SEC. 3114. REPORT ON ACTIONS OF PEOPLE’S REPUBLIC OF 4
2823+CHINA WITH RESPECT TO PERSONS IN-5
2824+VOLVED IN FENTANYL SUPPLY CHAIN. 6
2825+Not later than 180 days after the date of the enactment 7
2826+of this division, the Secretary of the Treasury, in conjunc-8
2827+tion with the heads of other relevant Federal agencies, shall 9
2828+provide to the appropriate congressional committees a clas-10
2829+sified report and briefing on actions taken by the Govern-11
2830+ment of the People’s Republic of China with respect to per-12
2831+sons involved in the shipment of fentanyl, fentanyl ana-13
2832+logues, fentanyl precursors, precursors for fentanyl ana-14
2833+logues, and equipment for the manufacturing of fentanyl 15
2834+and fentanyl-laced counterfeit pills. 16
2835+TITLE II—ANTI-MONEY 17
2836+LAUNDERING MATTERS 18
2837+SEC. 3201. DESIGNATION OF ILLICIT FENTANYL TRANS-19
2838+ACTIONS OF SANCTIONED PERSONS AS OF 20
2839+PRIMARY MONEY LAUNDERING CONCERN. 21
2840+(a) I
2841+NGENERAL.—Subtitle A of the Fentanyl Sanc-22
2842+tions Act (21 U.S.C. 2311 et seq.) is amended by inserting 23
2843+after section 7213 the following: 24 102
2844+•HR 815 EAH
2845+‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANC-1
2846+TIONED PERSONS AS OF PRIMARY MONEY 2
2847+LAUNDERING CONCERN. 3
2848+‘‘(a) I
2849+NGENERAL.—If the Secretary of the Treasury 4
2850+determines that reasonable grounds exist for concluding that 5
2851+1 or more financial institutions operating outside of the 6
2852+United States, 1 or more classes of transactions within, or 7
2853+involving, a jurisdiction outside of the United States, or 8
2854+1 or more types of accounts within, or involving, a jurisdic-9
2855+tion outside of the United States, is of primary money laun-10
2856+dering concern in connection with illicit opioid trafficking, 11
2857+the Secretary of the Treasury may, by order, regulation, 12
2858+or otherwise as permitted by law— 13
2859+‘‘(1) require domestic financial institutions and 14
2860+domestic financial agencies to take 1 or more of the 15
2861+special measures provided for in section 9714(a)(1) of 16
2862+the National Defense Authorization Act for Fiscal 17
2863+Year 2021 (Public Law 116–283; 31 U.S.C. 5318A 18
2864+note); or 19
2865+‘‘(2) prohibit, or impose conditions upon, certain 20
2866+transmittals of funds (to be defined by the Secretary) 21
2867+by any domestic financial institution or domestic fi-22
2868+nancial agency, if such transmittal of funds involves 23
2869+any such institution, class of transaction, or type of 24
2870+accounts. 25 103
2871+•HR 815 EAH
2872+‘‘(b) CLASSIFIEDINFORMATION.—In any judicial re-1
2873+view of a finding of the existence of a primary money laun-2
2874+dering concern, or of the requirement for 1 or more special 3
2875+measures with respect to a primary money laundering con-4
2876+cern made under this section, if the designation or imposi-5
2877+tion, or both, were based on classified information (as de-6
2878+fined in section 1(a) of the Classified Information Proce-7
2879+dures Act (18 U.S.C. App.)), such information may be sub-8
2880+mitted by the Secretary to the reviewing court ex parte and 9
2881+in camera. This subsection does not confer or imply any 10
2882+right to judicial review of any finding made or any require-11
2883+ment imposed under this section. 12
2884+‘‘(c) A
2885+VAILABILITY OFINFORMATION.—The exemptions 13
2886+from, and prohibitions on, search and disclosure referred 14
2887+to in section 9714(c) of the National Defense Authorization 15
2888+Act for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 16
2889+5318A note) shall apply to any report or record of report 17
2890+filed pursuant to a requirement imposed under subsection 18
2891+(a). For purposes of section 552 of title 5, United States 19
2892+Code, this subsection shall be considered a statute described 20
2893+in subsection (b)(3)(B) of such section. 21
2894+‘‘(d) P
2895+ENALTIES.—The penalties referred to in section 22
2896+9714(d) of the National Defense Authorization Act for Fis-23
2897+cal Year 2021 (Public Law 116–283; 31 U.S.C. 5318A note) 24
2898+shall apply to violations of any order, regulation, special 25 104
2899+•HR 815 EAH
2900+measure, or other requirement imposed under subsection 1
2901+(a), in the same manner and to the same extent as described 2
2902+in such section 9714(d). 3
2903+‘‘(e) I
2904+NJUNCTIONS.—The Secretary of the Treasury 4
2905+may bring a civil action to enjoin a violation of any order, 5
2906+regulation, special measure, or other requirement imposed 6
2907+under subsection (a) in the same manner and to the same 7
2908+extent as described in section 9714(e) of the National De-8
2909+fense Authorization Act for Fiscal Year 2021 (Public Law 9
2910+116–283; 31 U.S.C. 5318A note).’’. 10
2911+(b) C
2912+LERICALAMENDMENT.—The table of contents for 11
2913+the National Defense Authorization Act for Fiscal Year 12
2914+2020 (Public Law 116–92) is amended by inserting after 13
2915+the item relating to section 7213 the following: 14
2916+‘‘Sec. 7213A. Designation of transactions of sanctioned persons as of primary
2917+money laundering concern.’’.
2918+SEC. 3202. TREATMENT OF TRANSNATIONAL CRIMINAL OR-
2919+15
2920+GANIZATIONS IN SUSPICIOUS TRANSACTIONS 16
2921+REPORTS OF THE FINANCIAL CRIMES EN-17
2922+FORCEMENT NETWORK. 18
2923+(a) F
2924+ILINGINSTRUCTIONS.—Not later than 180 days 19
2925+after the date of the enactment of this division, the Director 20
2926+of the Financial Crimes Enforcement Network shall issue 21
2927+guidance or instructions to United States financial institu-22
2928+tions for filing reports on suspicious transactions required 23
2929+under section 1010.320 of title 31, Code of Federal Regula-24 105
2930+•HR 815 EAH
2931+tions, related to suspected fentanyl trafficking by 1
2932+transnational criminal organizations. 2
2933+(b) P
2934+RIORITIZATION OF REPORTSRELATING TO 3
23322935 F
2333-UNDS.—
2334-(1) I
2335-N GENERAL.—Any covered forfeited property shall be
2336-deposited into the Department of the Treasury Forfeiture Fund
2337-established under section 9705 of title 31, United States Code,
2338-or the Department of Justice Assets Forfeiture Fund established
2339-under section 524(c) of title 28, United States Code.
2340-(2) R
2341-EPORT REQUIRED .—Not later than 180 days after the
2342-date of the enactment of this division, and every 180 days
2343-thereafter, the President shall submit to the appropriate
2344-congressional committees a report on any deposits made under
2345-paragraph (1) during the 180-day period preceding submission
2346-of the report.
2347-(3) C
2348-OVERED FORFEITED PROPERTY DEFINED .—In this sub-
2349-section, the term ‘‘covered forfeited property’’ means property—
2350-(A) forfeited to the United States under chapter 46
2351-or section 1963 of title 18, United States Code; and
2352-(B) that belonged to or was possessed by an individual
2353-affiliated with or connected to a transnational criminal
2354-organization subject to sanctions under—
2355-(i) this subtitle;
2356-(ii) the Fentanyl Sanctions Act (21 U.S.C. 2301
2357-et seq.); or
2358-(iii) Executive Order 14059 (50 U.S.C. 1701 note;
2359-relating to imposing sanctions on foreign persons
2360-involved in the global illicit drug trade).
2361-(b) B
2362-LOCKEDASSETSUNDERTERRORISMRISKINSURANCE ACT
2363-OF2002.—Nothing in this subtitle may be construed to affect the
2364-treatment of blocked assets of a terrorist party described in section
2365-201(a) of the Terrorism Risk Insurance Act of 2002 (28 U.S.C.
2366-1610 note).
2367-Subtitle B—Other Matters
2368-SEC. 3111. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLATIONS OF
2369-SANCTIONS.
2370-(a) INTERNATIONAL EMERGENCY ECONOMICPOWERSACT.—Sec-
2371-tion 206 of the International Emergency Economic Powers Act
2372-(50 U.S.C. 1705) is amended by adding at the end the following:
2373-‘‘(d) S
2374-TATUTE OFLIMITATIONS.—
2375-‘‘(1) T
2376-IME FOR COMMENCING PROCEEDINGS .—
2377-‘‘(A) I
2378-N GENERAL.—An action, suit, or proceeding for
2379-the enforcement of any civil fine, penalty, or forfeiture,
2380-pecuniary or otherwise, under this section shall not be
2381-entertained unless commenced within 10 years after the
2382-latest date of the violation upon which the civil fine, pen-
2383-alty, or forfeiture is based.
2384-‘‘(B) C
2385-OMMENCEMENT .—For purposes of this paragraph,
2386-the commencement of an action, suit, or proceeding includes
2387-the issuance of a pre-penalty notice or finding of violation.
2388-‘‘(2) T
2389-IME FOR INDICTMENT .—No person shall be prosecuted,
2390-tried, or punished for any offense under subsection (c) unless
2391-the indictment is found or the information is instituted within H. R. 815—45
2392-10 years after the latest date of the violation upon which
2393-the indictment or information is based.’’.
2936+ENTANYLTRAFFICKING OR TRANSNATIONALCRIMINAL 4
2937+O
2938+RGANIZATIONS.—The Director shall prioritize research 5
2939+into reports described in subsection (a) that indicate a con-6
2940+nection to trafficking of fentanyl or related synthetic 7
2941+opioids or financing of suspected transnational criminal or-8
2942+ganizations. 9
2943+SEC. 3203. REPORT ON TRADE-BASED MONEY LAUNDERING 10
2944+IN TRADE WITH MEXICO, THE PEOPLE’S RE-11
2945+PUBLIC OF CHINA, AND BURMA. 12
2946+(a) I
2947+NGENERAL.—In the first update to the national 13
2948+strategy for combating the financing of terrorism and re-14
2949+lated forms of illicit finance submitted to Congress after the 15
2950+date of the enactment of this division, the Secretary of the 16
2951+Treasury shall include a report on trade-based money laun-17
2952+dering originating in Mexico or the People’s Republic of 18
2953+China and involving Burma. 19
2954+(b) D
2955+EFINITION.—In this section, the term ‘‘national 20
2956+strategy for combating the financing of terrorism and re-21
2957+lated forms of illicit finance’’ means the national strategy 22
2958+for combating the financing of terrorism and related forms 23
2959+of illicit finance required under section 261 of the Coun-24
2960+tering America’s Adversaries Through Sanctions Act (Pub-25 106
2961+•HR 815 EAH
2962+lic Law 115–44; 131 Stat. 934), as amended by section 1
2963+6506 of the National Defense Authorization Act for Fiscal 2
2964+Year 2022 (Public Law 117–81; 135 Stat. 2428). 3
2965+TITLE III—EXCEPTION RELAT-4
2966+ING TO IMPORTATION OF 5
2967+GOODS 6
2968+SEC. 3301. EXCEPTION RELATING TO IMPORTATION OF 7
2969+GOODS. 8
2970+(a) I
2971+NGENERAL.—The authority or a requirement to 9
2972+block and prohibit all transactions in all property and in-10
2973+terests in property under this division shall not include the 11
2974+authority or a requirement to impose sanctions on the im-12
2975+portation of goods. 13
2976+(b) G
2977+OODDEFINED.—In this section, the term ‘‘good’’ 14
2978+means any article, natural or manmade substance, mate-15
2979+rial, supply or manufactured product, including inspection 16
2980+and test equipment, and excluding technical data. 17 107
2981+•HR 815 EAH
2982+DIVISION F—REBUILDING ECO-1
2983+NOMIC PROSPERITY AND OP-2
2984+PORTUNITY FOR UKRAINIANS 3
2985+ACT 4
2986+TITLE I 5
2987+SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 6
2988+(a) S
2989+HORTTITLE.—This division may be cited as the 7
2990+‘‘Rebuilding Economic Prosperity and Opportunity for 8
2991+Ukrainians Act’’ or the ‘‘REPO for Ukrainians Act’’. 9
23942992 (b) T
2395-RADINGWITH THEENEMYACT.—Section 16 of the Trading
2396-with the Enemy Act (50 U.S.C. 4315) is amended by adding at
2397-the end the following:
2398-‘‘(d) S
2399-TATUTE OFLIMITATIONS.—
2400-‘‘(1) T
2401-IME FOR COMMENCING PROCEEDINGS .—
2402-‘‘(A) I
2403-N GENERAL.—An action, suit, or proceeding for
2404-the enforcement of any civil fine, penalty, or forfeiture,
2405-pecuniary or otherwise, under this section shall not be
2406-entertained unless commenced within 10 years after the
2407-latest date of the violation upon which the civil fine, pen-
2408-alty, or forfeiture is based.
2409-‘‘(B) C
2410-OMMENCEMENT .—For purposes of this paragraph,
2411-the commencement of an action, suit, or proceeding includes
2412-the issuance of a pre-penalty notice or finding of violation.
2413-‘‘(2) T
2414-IME FOR INDICTMENT .—No person shall be prosecuted,
2415-tried, or punished for any offense under subsection (a) unless
2416-the indictment is found or the information is instituted within
2417-10 years after the latest date of the violation upon which
2418-the indictment or information is based.’’.
2419-SEC. 3112. CLASSIFIED REPORT AND BRIEFING ON STAFFING OF
2420-OFFICE OF FOREIGN ASSETS CONTROL.
2421-Not later than 180 days after the date of the enactment of
2422-this division, the Director of the Office of Foreign Assets Control
2423-shall provide to the appropriate congressional committees a classi-
2424-fied report and briefing on the staffing of the Office of Foreign
2425-Assets Control, disaggregated by staffing dedicated to each sanc-
2426-tions program and each country or issue.
2427-SEC. 3113. REPORT ON DRUG TRANSPORTATION ROUTES AND USE
2428-OF VESSELS WITH MISLABELED CARGO.
2429-Not later than 180 days after the date of the enactment of
2430-this division, the Secretary of the Treasury, in conjunction with
2431-the heads of other relevant Federal agencies, shall provide to the
2432-appropriate congressional committees a classified report and
2433-briefing on efforts to target drug transportation routes and modali-
2434-ties, including an assessment of the prevalence of false cargo
2435-labeling and shipment of precursor chemicals without accurate
2436-tracking of the customers purchasing the chemicals.
2437-SEC. 3114. REPORT ON ACTIONS OF PEOPLE’S REPUBLIC OF CHINA
2438-WITH RESPECT TO PERSONS INVOLVED IN FENTANYL
2439-SUPPLY CHAIN.
2440-Not later than 180 days after the date of the enactment of
2441-this division, the Secretary of the Treasury, in conjunction with
2442-the heads of other relevant Federal agencies, shall provide to the
2443-appropriate congressional committees a classified report and
2444-briefing on actions taken by the Government of the People’s
2445-Republic of China with respect to persons involved in the shipment
2446-of fentanyl, fentanyl analogues, fentanyl precursors, precursors for
2447-fentanyl analogues, and equipment for the manufacturing of
2448-fentanyl and fentanyl-laced counterfeit pills. H. R. 815—46
2449-TITLE II—ANTI-MONEY LAUNDERING
2450-MATTERS
2451-SEC. 3201. DESIGNATION OF ILLICIT FENTANYL TRANSACTIONS OF
2452-SANCTIONED PERSONS AS OF PRIMARY MONEY LAUN-
2453-DERING CONCERN.
2454-(a) INGENERAL.—Subtitle A of the Fentanyl Sanctions Act
2455-(21 U.S.C. 2311 et seq.) is amended by inserting after section
2456-7213 the following:
2457-‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANCTIONED PER-
2458-SONS AS OF PRIMARY MONEY LAUNDERING CONCERN.
2459-‘‘(a) INGENERAL.—If the Secretary of the Treasury determines
2460-that reasonable grounds exist for concluding that 1 or more financial
2461-institutions operating outside of the United States, 1 or more classes
2462-of transactions within, or involving, a jurisdiction outside of the
2463-United States, or 1 or more types of accounts within, or involving,
2464-a jurisdiction outside of the United States, is of primary money
2465-laundering concern in connection with illicit opioid trafficking, the
2466-Secretary of the Treasury may, by order, regulation, or otherwise
2467-as permitted by law—
2468-‘‘(1) require domestic financial institutions and domestic
2469-financial agencies to take 1 or more of the special measures
2470-provided for in section 9714(a)(1) of the National Defense
2471-Authorization Act for Fiscal Year 2021 (Public Law 116–283;
2472-31 U.S.C. 5318A note); or
2473-‘‘(2) prohibit, or impose conditions upon, certain transmit-
2474-tals of funds (to be defined by the Secretary) by any domestic
2475-financial institution or domestic financial agency, if such trans-
2476-mittal of funds involves any such institution, class of trans-
2477-action, or type of accounts.
2478-‘‘(b) C
2479-LASSIFIEDINFORMATION.—In any judicial review of a
2480-finding of the existence of a primary money laundering concern,
2481-or of the requirement for 1 or more special measures with respect
2482-to a primary money laundering concern made under this section,
2483-if the designation or imposition, or both, were based on classified
2484-information (as defined in section 1(a) of the Classified Information
2485-Procedures Act (18 U.S.C. App.)), such information may be sub-
2486-mitted by the Secretary to the reviewing court ex parte and in
2487-camera. This subsection does not confer or imply any right to
2488-judicial review of any finding made or any requirement imposed
2489-under this section.
2490-‘‘(c) A
2491-VAILABILITY OFINFORMATION.—The exemptions from, and
2492-prohibitions on, search and disclosure referred to in section 9714(c)
2493-of the National Defense Authorization Act for Fiscal Year 2021
2494-(Public Law 116–283; 31 U.S.C. 5318A note) shall apply to any
2495-report or record of report filed pursuant to a requirement imposed
2496-under subsection (a). For purposes of section 552 of title 5, United
2497-States Code, this subsection shall be considered a statute described
2498-in subsection (b)(3)(B) of such section.
2499-‘‘(d) P
2500-ENALTIES.—The penalties referred to in section 9714(d)
2501-of the National Defense Authorization Act for Fiscal Year 2021
2502-(Public Law 116–283; 31 U.S.C. 5318A note) shall apply to violations
2503-of any order, regulation, special measure, or other requirement
2504-imposed under subsection (a), in the same manner and to the
2505-same extent as described in such section 9714(d). H. R. 815—47
2506-‘‘(e) I
2507-NJUNCTIONS.—The Secretary of the Treasury may bring
2508-a civil action to enjoin a violation of any order, regulation, special
2509-measure, or other requirement imposed under subsection (a) in
2510-the same manner and to the same extent as described in section
2511-9714(e) of the National Defense Authorization Act for Fiscal Year
2512-2021 (Public Law 116–283; 31 U.S.C. 5318A note).’’.
2513-(b) C
2514-LERICALAMENDMENT.—The table of contents for the
2515-National Defense Authorization Act for Fiscal Year 2020 (Public
2516-Law 116–92) is amended by inserting after the item relating to
2517-section 7213 the following:
2518-‘‘Sec. 7213A. Designation of transactions of sanctioned persons as of primary money
2519-laundering concern.’’.
2520-SEC. 3202. TREATMENT OF TRANSNATIONAL CRIMINAL ORGANIZA-
2521-TIONS IN SUSPICIOUS TRANSACTIONS REPORTS OF THE
2522-FINANCIAL CRIMES ENFORCEMENT NETWORK.
2523-(a) FILINGINSTRUCTIONS.—Not later than 180 days after the
2524-date of the enactment of this division, the Director of the Financial
2525-Crimes Enforcement Network shall issue guidance or instructions
2526-to United States financial institutions for filing reports on suspicious
2527-transactions required under section 1010.320 of title 31, Code of
2528-Federal Regulations, related to suspected fentanyl trafficking by
2529-transnational criminal organizations.
2530-(b) P
2531-RIORITIZATION OF REPORTSRELATING TOFENTANYLTRAF-
2532-FICKING OR TRANSNATIONAL CRIMINAL ORGANIZATIONS.—The
2533-Director shall prioritize research into reports described in subsection
2534-(a) that indicate a connection to trafficking of fentanyl or related
2535-synthetic opioids or financing of suspected transnational criminal
2536-organizations.
2537-SEC. 3203. REPORT ON TRADE-BASED MONEY LAUNDERING IN TRADE
2538-WITH MEXICO, THE PEOPLE’S REPUBLIC OF CHINA, AND
2539-BURMA.
2540-(a) INGENERAL.—In the first update to the national strategy
2541-for combating the financing of terrorism and related forms of illicit
2542-finance submitted to Congress after the date of the enactment
2543-of this division, the Secretary of the Treasury shall include a
2544-report on trade-based money laundering originating in Mexico or
2545-the People’s Republic of China and involving Burma.
2546-(b) D
2547-EFINITION.—In this section, the term ‘‘national strategy
2548-for combating the financing of terrorism and related forms of illicit
2549-finance’’ means the national strategy for combating the financing
2550-of terrorism and related forms of illicit finance required under
2551-section 261 of the Countering America’s Adversaries Through Sanc-
2552-tions Act (Public Law 115–44; 131 Stat. 934), as amended by section
2553-6506 of the National Defense Authorization Act for Fiscal Year
2554-2022 (Public Law 117–81; 135 Stat. 2428).
2555-TITLE III—EXCEPTION RELATING TO
2556-IMPORTATION OF GOODS
2557-SEC. 3301. EXCEPTION RELATING TO IMPORTATION OF GOODS.
2558-(a) INGENERAL.—The authority or a requirement to block and
2559-prohibit all transactions in all property and interests in property
2560-under this division shall not include the authority or a requirement
2561-to impose sanctions on the importation of goods. H. R. 815—48
2562-(b) G
2563-OODDEFINED.—In this section, the term ‘‘good’’ means
2564-any article, natural or manmade substance, material, supply or
2565-manufactured product, including inspection and test equipment,
2566-and excluding technical data.
2567-DIVISION F—REBUILDING ECONOMIC
2568-PROSPERITY AND OPPORTUNITY FOR
2569-UKRAINIANS ACT
2570-TITLE I
2571-SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
2572-(a) SHORTTITLE.—This division may be cited as the ‘‘Rebuilding
2573-Economic Prosperity and Opportunity for Ukrainians Act’’ or the
2574-‘‘REPO for Ukrainians Act’’.
2575-(b) T
2576-ABLE OFCONTENTS.—The table of contents for this division
2577-is as follows:
2993+ABLE OFCONTENTS.—The table of contents for 10
2994+this division is as follows: 11
25782995 TITLE I
25792996 Sec. 1. Short title; table of contents.
25802997 Sec. 2. Definitions.
25812998 TITLE II—REPURPOSING OF RUSSIAN SOVEREIGN ASSETS
25822999 Sec. 101. Findings; sense of Congress.
25833000 Sec. 102. Sense of Congress regarding importance of the Russian Federation pro-
25843001 viding compensation to Ukraine.
25853002 Sec. 103. Prohibition on release of blocked Russian sovereign assets.
25863003 Sec. 104. Authority to ensure compensation to Ukraine using seized Russian sov-
25873004 ereign assets and Russian aggressor state sovereign assets.
2588-Sec. 105. International mechanism to use Russian sovereign assets and Russian ag-
2589-gressor state sovereign assets to provide for the reconstruction of
2590-Ukraine.
3005+Sec. 105. International mechanism to use Russian sovereign assets and Russian
3006+aggressor state sovereign assets to provide for the reconstruction
3007+of Ukraine.
25913008 Sec. 106. Report on use of transferred Russian sovereign assets for reconstruction.
2592-Sec. 107. Assessment by Secretary of State and Administrator of USAID on recon-
2593-struction and rebuilding needs of Ukraine.
3009+Sec. 107. Assessment by Secretary of State and Administrator of USAID on re-
3010+construction and rebuilding needs of Ukraine.
25943011 Sec. 108. Extensions.
25953012 SEC. 2. DEFINITIONS.
2596-In this division:
3013+12
3014+In this division: 13
25973015 (1) R
2598-USSIAN AGGRESSOR STATE .—The term ‘‘Russian
2599-aggressor state’’ means—
2600-(A) the Russian Federation; and
2601-(B) Belarus, if the President determines Belarus has
2602-engaged in an act of war against Ukraine related to Rus-
2603-sia’s ongoing February 24, 2022, invasion of Ukraine.
3016+USSIAN AGGRESSOR STATE .—The term 14
3017+‘‘Russian aggressor state’’ means— 15
3018+(A) the Russian Federation; and 16 108
3019+•HR 815 EAH
3020+(B) Belarus, if the President determines 1
3021+Belarus has engaged in an act of war against 2
3022+Ukraine related to Russia’s ongoing February 3
3023+24, 2022, invasion of Ukraine. 4
26043024 (2) R
2605-USSIAN AGGRESSOR STATE SOVEREIGN ASSET .—The term
2606-‘‘Russian aggressor state sovereign asset’’ means any Russian
2607-sovereign assets or any funds or property of another Russian
2608-aggressor state determined by the President to be of the same
2609-sovereign character as the assets described in paragraph (7).
3025+USSIAN AGGRESSOR STATE SOVEREIGN 5
3026+ASSET.—The term ‘‘Russian aggressor state sovereign 6
3027+asset’’ means any Russian sovereign assets or any 7
3028+funds or property of another Russian aggressor state 8
3029+determined by the President to be of the same sov-9
3030+ereign character as the assets described in paragraph 10
3031+(7). 11
26103032 (3) A
2611-PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
2612-‘‘appropriate congressional committees’’ means—
2613-(A) the Committee on Foreign Relations and the Com-
2614-mittee on Banking, Housing, and Urban Affairs of the
2615-Senate; and
2616-(B) the Committee on Foreign Affairs and the Com-
2617-mittee on Financial Services of the House of Representa-
2618-tives. H. R. 815—49
3033+PPROPRIATE CONGRESSIONAL COMMIT -12
3034+TEES.—The term ‘‘appropriate congressional commit-13
3035+tees’’ means— 14
3036+(A) the Committee on Foreign Relations 15
3037+and the Committee on Banking, Housing, and 16
3038+Urban Affairs of the Senate; and 17
3039+(B) the Committee on Foreign Affairs and 18
3040+the Committee on Financial Services of the 19
3041+House of Representatives. 20
26193042 (4) F
2620-INANCIAL INSTITUTION .—The term ‘‘financial institu-
2621-tion’’ means a financial institution specified in subparagraph
2622-(A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Z) of
2623-section 5312(a)(2) of title 31, United States Code.
2624-(5) G
2625-7.—The term ‘‘G7’’ means the countries that are
2626-member of the informal Group of 7, including Canada, France,
2627-Germany, Italy, Japan, the United Kingdom, and the United
2628-States.
3043+INANCIAL INSTITUTION.—The term ‘‘finan-21
3044+cial institution’’ means a financial institution speci-22
3045+fied in subparagraph (A), (B), (C), (D), (E), (F), (G), 23
3046+(H), (I), (J), (M), or (Z) of section 5312(a)(2) of title 24
3047+31, United States Code. 25 109
3048+•HR 815 EAH
3049+(5) G7.—The term ‘‘G7’’ means the countries 1
3050+that are member of the informal Group of 7, includ-2
3051+ing Canada, France, Germany, Italy, Japan, the 3
3052+United Kingdom, and the United States. 4
26293053 (6) R
2630-USSIAN SOVEREIGN ASSET .—The term ‘‘Russian sov-
2631-ereign asset’’ means any of the following:
2632-(A) Funds and other property of—
2633-(i) the Central Bank of the Russian Federation;
2634-(ii) the Russian National Wealth Fund; or
2635-(iii) the Ministry of Finance of the Russian Federa-
2636-tion.
2637-(B) Any other funds or other property that are owned
2638-by the Government of the Russian Federation, including
2639-by any subdivision, agency, or instrumentality of that
2640-government.
3054+USSIAN SOVEREIGN ASSET .—The term 5
3055+‘‘Russian sovereign asset’’ means any of the following: 6
3056+(A) Funds and other property of— 7
3057+(i) the Central Bank of the Russian 8
3058+Federation; 9
3059+(ii) the Russian National Wealth 10
3060+Fund; or 11
3061+(iii) the Ministry of Finance of the 12
3062+Russian Federation. 13
3063+(B) Any other funds or other property that 14
3064+are owned by the Government of the Russian 15
3065+Federation, including by any subdivision, agen-16
3066+cy, or instrumentality of that government. 17
26413067 (7) U
2642-NITED STATES.—The term ‘‘United States’’ means the
2643-several States, the District of Columbia, the Commonwealth
2644-of Puerto Rico, the Commonwealth of the Northern Mariana
2645-Islands, American Samoa, Guam, the United States Virgin
2646-Islands, and any other territory or possession of the United
2647-States.
3068+NITED STATES.—The term ‘‘United States’’ 18
3069+means the several States, the District of Columbia, the 19
3070+Commonwealth of Puerto Rico, the Commonwealth of 20
3071+the Northern Mariana Islands, American Samoa, 21
3072+Guam, the United States Virgin Islands, and any 22
3073+other territory or possession of the United States. 23
26483074 (8) U
2649-NITED STATES FINANCIAL INSTITUTION .—The term
2650-‘‘United States financial institution’’ means a financial institu-
2651-tion organized under the laws of the United States or of any
2652-jurisdiction within the United States, including a foreign branch
2653-of such an institution.
3075+NITED STATES FINANCIAL INSTITUTION .— 24
3076+The term ‘‘United States financial institution’’ means 25 110
3077+•HR 815 EAH
3078+a financial institution organized under the laws of 1
3079+the United States or of any jurisdiction within the 2
3080+United States, including a foreign branch of such an 3
3081+institution. 4
26543082 (9) S
2655-EIZE OR SEIZURE.—The term ‘‘seize’’ or ‘‘seizure’’ means
2656-confiscation of all right, title, and interest whatsoever in a
2657-Russian sovereign asset or a Russian aggressor state sovereign
2658-asset and vesting of the same in the United States.
2659-TITLE II—REPURPOSING OF RUSSIAN
2660-SOVEREIGN ASSETS
2661-SEC. 101. FINDINGS; SENSE OF CONGRESS.
2662-(a) FINDINGS.—Congress makes the following findings:
2663-(1) On February 24, 2022, the Government of the Russian
2664-Federation violated the sovereignty and territorial integrity
2665-of Ukraine by engaging in a premeditated, second illegal inva-
2666-sion of Ukraine.
2667-(2) The international community has condemned the illegal
2668-invasions of Ukraine by the Russian Federation, as well as
2669-the commission of the crime of aggression, war crimes, crimes
2670-against humanity, and genocide by officials of the Russian
2671-Federation, including through the deliberate targeting of
2672-civilians and civilian infrastructure, the forcible transfer of
2673-children, and the commission of sexual violence.
2674-(3) The leaders of the G7 have called the Russian Federa-
2675-tion’s ‘‘unprovoked and completely unjustified attack on the
2676-democratic state of Ukraine’’ a ‘‘serious violation of inter-
2677-national law and a grave breach of the United Nations Charter
2678-and all commitments Russia entered in the Helsinki Final H. R. 815—50
2679-Act and the Charter of Paris and its commitments in the
2680-Budapest Memorandum’’.
2681-(4) On March 2, 2022, the United Nations General
2682-Assembly adopted Resolution ES–11/1, entitled ‘‘Aggression
2683-against Ukraine’’, by a vote of 141 to 5. That resolution
2684-‘‘deplore[d] in the strongest terms the aggression by the Russian
2685-Federation against Ukraine in violation of Article 2(4) of the
2686-[United Nations] Charter’’ and demanded that the Russian
2687-Federation ‘‘immediately cease its use of force against Ukraine’’
2688-and ‘‘immediately, completely and unconditionally withdraw
2689-all of its military forces from the territory of Ukraine within
2690-its internationally recognized borders’’.
2691-(5) On March 16, 2022, the International Court of Justice
2692-issued a provisional measures order requiring the Russian Fed-
2693-eration to ‘‘immediately suspend the military operations that
2694-it commenced on 24 February 2022 in the territory of Ukraine’’
2695-and, in this regard, observed that ‘‘orders on provisional meas-
2696-ures . . . have binding effect’’.
2697-(6) On November 14, 2022, the United Nations General
2698-Assembly adopted a resolution—
2699-(A) recognizing that the Russian Federation has com-
2700-mitted a serious breach of the most fundamental norms
2701-of international law and its gross and systematic refusal
2702-to obey its obligations has affected the entire international
2703-community;
2704-(B) recognizing the need for the establishment, in
2705-cooperation with Ukraine, of an international mechanism
2706-for compensation for financially assessable damages caused
2707-by the Russian Federation’s internationally wrongful acts;
2708-and
2709-(C) recommending ‘‘the creation . . . of an international
2710-register of damage to serve as a record . . . of evidence
2711-and claims information on damage, loss or injury to all
2712-natural and legal persons concerned, as well as the State
2713-of Ukraine, caused by internationally wrongful acts of the
2714-Russian Federation in or against Ukraine . . . .’’.
2715-(7) The Russian Federation bears international legal
2716-responsibility for its aggression against Ukraine and, under
2717-international law, must cease its internationally wrongful acts.
2718-Because of this breach of the prohibition on aggression under
2719-international law, the United States is legally entitled to take
2720-counter measures that are proportionate and aimed at inducing
2721-the Russian Federation to comply with its international obliga-
2722-tions.
2723-(8) Approximately $300,000,000,000 of Russian sovereign
2724-assets have been immobilized worldwide. Only a small fraction
2725-of those assets, 1 to 2 percent, or between $4,000,000,000
2726-and $5,000,000,000, are reportedly subject to the jurisdiction
2727-of the United States.
2728-(9) The vast majority of immobilized Russian sovereign
2729-assets, approximately $190,000,000,000, are reportedly subject
2730-to the jurisdiction of Belgium. The Government of Belgium
2731-has publicly indicated that any action by that Government
2732-regarding those assets would be predicated on support by the
2733-G7.
3083+EIZE OR SEIZURE.—The term ‘‘seize’’ or 5
3084+‘‘seizure’’ means confiscation of all right, title, and 6
3085+interest whatsoever in a Russian sovereign asset or a 7
3086+Russian aggressor state sovereign asset and vesting of 8
3087+the same in the United States. 9
3088+TITLE II—REPURPOSING OF 10
3089+RUSSIAN SOVEREIGN ASSETS 11
3090+SEC. 101. FINDINGS; SENSE OF CONGRESS. 12
3091+(a) F
3092+INDINGS.—Congress makes the following findings: 13
3093+(1) On February 24, 2022, the Government of the 14
3094+Russian Federation violated the sovereignty and ter-15
3095+ritorial integrity of Ukraine by engaging in a pre-16
3096+meditated, second illegal invasion of Ukraine. 17
3097+(2) The international community has condemned 18
3098+the illegal invasions of Ukraine by the Russian Fed-19
3099+eration, as well as the commission of the crime of ag-20
3100+gression, war crimes, crimes against humanity, and 21
3101+genocide by officials of the Russian Federation, in-22
3102+cluding through the deliberate targeting of civilians 23
3103+and civilian infrastructure, the forcible transfer of 24
3104+children, and the commission of sexual violence. 25 111
3105+•HR 815 EAH
3106+(3) The leaders of the G7 have called the Russian 1
3107+Federation’s ‘‘unprovoked and completely unjustified 2
3108+attack on the democratic state of Ukraine’’ a ‘‘serious 3
3109+violation of international law and a grave breach of 4
3110+the United Nations Charter and all commitments 5
3111+Russia entered in the Helsinki Final Act and the 6
3112+Charter of Paris and its commitments in the Buda-7
3113+pest Memorandum’’. 8
3114+(4) On March 2, 2022, the United Nations Gen-9
3115+eral Assembly adopted Resolution ES–11/1, entitled 10
3116+‘‘Aggression against Ukraine’’, by a vote of 141 to 5. 11
3117+That resolution ‘‘deplore[d] in the strongest terms the 12
3118+aggression by the Russian Federation against 13
3119+Ukraine in violation of Article 2(4) of the [United 14
3120+Nations] Charter’’ and demanded that the Russian 15
3121+Federation ‘‘immediately cease its use of force against 16
3122+Ukraine’’ and ‘‘immediately, completely and uncondi-17
3123+tionally withdraw all of its military forces from the 18
3124+territory of Ukraine within its internationally recog-19
3125+nized borders’’. 20
3126+(5) On March 16, 2022, the International Court 21
3127+of Justice issued a provisional measures order requir-22
3128+ing the Russian Federation to ‘‘immediately suspend 23
3129+the military operations that it commenced on 24 Feb-24
3130+ruary 2022 in the territory of Ukraine’’ and, in this 25 112
3131+•HR 815 EAH
3132+regard, observed that ‘‘orders on provisional measures 1
3133+. . . have binding effect’’. 2
3134+(6) On November 14, 2022, the United Nations 3
3135+General Assembly adopted a resolution— 4
3136+(A) recognizing that the Russian Federation 5
3137+has committed a serious breach of the most fun-6
3138+damental norms of international law and its 7
3139+gross and systematic refusal to obey its obliga-8
3140+tions has affected the entire international com-9
3141+munity; 10
3142+(B) recognizing the need for the establish-11
3143+ment, in cooperation with Ukraine, of an inter-12
3144+national mechanism for compensation for finan-13
3145+cially assessable damages caused by the Russian 14
3146+Federation’s internationally wrongful acts; and 15
3147+(C) recommending ‘‘the creation . . . of an 16
3148+international register of damage to serve as a 17
3149+record . . . of evidence and claims information 18
3150+on damage, loss or injury to all natural and 19
3151+legal persons concerned, as well as the State of 20
3152+Ukraine, caused by internationally wrongful acts 21
3153+of the Russian Federation in or against Ukraine 22
3154+. . . .’’. 23
3155+(7) The Russian Federation bears international 24
3156+legal responsibility for its aggression against Ukraine 25 113
3157+•HR 815 EAH
3158+and, under international law, must cease its inter-1
3159+nationally wrongful acts. Because of this breach of the 2
3160+prohibition on aggression under international law, 3
3161+the United States is legally entitled to take counter 4
3162+measures that are proportionate and aimed at induc-5
3163+ing the Russian Federation to comply with its inter-6
3164+national obligations. 7
3165+(8) Approximately $300,000,000,000 of Russian 8
3166+sovereign assets have been immobilized worldwide. 9
3167+Only a small fraction of those assets, 1 to 2 percent, 10
3168+or between $4,000,000,000 and $5,000,000,000, are re-11
3169+portedly subject to the jurisdiction of the United 12
3170+States. 13
3171+(9) The vast majority of immobilized Russian 14
3172+sovereign assets, approximately $190,000,000,000, are 15
3173+reportedly subject to the jurisdiction of Belgium. The 16
3174+Government of Belgium has publicly indicated that 17
3175+any action by that Government regarding those assets 18
3176+would be predicated on support by the G7. 19
27343177 (b) S
2735-ENSE OFCONGRESS.—It is the sense of Congress that,
2736-having committed an act of aggression, as recognized by the United H. R. 815—51
2737-Nations General Assembly on March 2, 2022, the Russian Federa-
2738-tion is to be considered as an aggressor state. The extreme illegal
2739-actions taken by the Russian Federation, including an act of aggres-
2740-sion, present a unique situation, justifying the establishment of
2741-a legal authority for the United States Government and other
2742-countries to confiscate Russian sovereign assets in their respective
2743-jurisdictions.
2744-SEC. 102. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE RUS-
2745-SIAN FEDERATION PROVIDING COMPENSATION TO
2746-UKRAINE.
2747-It is the sense of Congress that—
2748-(1) the Russian Federation bears responsibility for the
2749-financial burden of the reconstruction of Ukraine and for count-
2750-less other costs associated with the illegal invasion of Ukraine
2751-by the Russian Federation that began on February 24, 2022;
2752-(2) the most effective ways to provide compensation for
2753-the damages caused by the Russian Federation’s internationally
2754-wrongful acts should be assessed by an international mecha-
2755-nism charged with determining compensation and providing
2756-assistance to Ukraine;
2757-(3) at least since November 2022 the Russian Federation
2758-has been on notice of its opportunity to comply with its inter-
2759-national obligations, including to make full compensation for
2760-injury, or, by agreement with Ukraine, to authorize an inter-
2761-national mechanism to resolve issues regarding compensation
2762-to Ukraine;
2763-(4) the Russian Federation can, by negotiated agreement,
2764-participate in any international process to assess the damages
2765-caused by the Russian Federation’s internationally wrongful
2766-acts and make funds available to compensate for these damages,
2767-and if it fails to do so, the United States and other countries
2768-should explore all avenues for ensuring compensation to
2769-Ukraine;
2770-(5) the President should lead robust engagement on all
2771-bilateral and multilateral aspects of the response by the United
2772-States to acts by the Russian Federation that undermine the
2773-sovereignty and territorial integrity of Ukraine, including on
2774-any policy coordination and alignment regarding the
2775-repurposing or ordered transfer of Russian sovereign assets
2776-in the context of determining compensation and providing
2777-assistance to Ukraine;
2778-(6) as part of the robust engagement on bilateral and
2779-multilateral responses to acts by the Russian Federation that
2780-undermine the sovereignty and territorial integrity of Ukraine,
2781-the President should endeavor to facilitate creation of, and
2782-United States participation in, an international mechanism
2783-regarding the repurposing or seizure of sovereign assets of
2784-the Russian Federation for the benefit of Ukraine.
2785-(7) the repurposing of Russian sovereign assets is in the
2786-national interests of the United States and consistent with
2787-United States and international law;
2788-(8) the United States should work with international allies
2789-and partners on the repurposing of Russian sovereign assets
2790-as part of a coordinated, multilateral effort, including with
2791-G7 countries and other countries in which Russian sovereign
2792-assets are located; and H. R. 815—52
2793-(9) any effort by the United States to confiscate and repur-
2794-pose Russian sovereign assets should be undertaken alongside
2795-international allies and partners as part of a coordinated, multi-
2796-lateral effort, including with G7 countries, the European Union,
2797-Australia, and other countries in which Russian sovereign
2798-assets are located.
2799-SEC. 103. PROHIBITION ON RELEASE OF BLOCKED RUSSIAN SOV-
2800-EREIGN ASSETS.
2801-(a) INGENERAL.—No Russian sovereign asset that is blocked
2802-or effectively immobilized by the Department of the Treasury before
2803-the date specified in section 104(j) may be released or mobilized,
2804-except as otherwise authorized by this division, until the date
2805-on which the President certifies to the appropriate congressional
2806-committees that—
2807-(1) hostilities between the Russian Federation and Ukraine
2808-have ceased; and
2809-(2)(A) full compensation has been made to Ukraine for
2810-harms resulting from the invasion of Ukraine by the Russian
2811-Federation; or
2812-(B) the Russian Federation is participating in a bona fide
2813-international mechanism that, by agreement, will discharge
2814-the obligations of the Russian Federation to compensate
2815-Ukraine for all amounts determined to be owed to Ukraine.
3178+ENSE OFCONGRESS.—It is the sense of Congress 20
3179+that, having committed an act of aggression, as recognized 21
3180+by the United Nations General Assembly on March 2, 2022, 22
3181+the Russian Federation is to be considered as an aggressor 23
3182+state. The extreme illegal actions taken by the Russian Fed-24
3183+eration, including an act of aggression, present a unique 25 114
3184+•HR 815 EAH
3185+situation, justifying the establishment of a legal authority 1
3186+for the United States Government and other countries to 2
3187+confiscate Russian sovereign assets in their respective juris-3
3188+dictions. 4
3189+SEC. 102. SENSE OF CONGRESS REGARDING IMPORTANCE 5
3190+OF THE RUSSIAN FEDERATION PROVIDING 6
3191+COMPENSATION TO UKRAINE. 7
3192+It is the sense of Congress that— 8
3193+(1) the Russian Federation bears responsibility 9
3194+for the financial burden of the reconstruction of 10
3195+Ukraine and for countless other costs associated with 11
3196+the illegal invasion of Ukraine by the Russian Fed-12
3197+eration that began on February 24, 2022; 13
3198+(2) the most effective ways to provide compensa-14
3199+tion for the damages caused by the Russian Federa-15
3200+tion’s internationally wrongful acts should be assessed 16
3201+by an international mechanism charged with deter-17
3202+mining compensation and providing assistance to 18
3203+Ukraine; 19
3204+(3) at least since November 2022 the Russian 20
3205+Federation has been on notice of its opportunity to 21
3206+comply with its international obligations, including 22
3207+to make full compensation for injury, or, by agree-23
3208+ment with Ukraine, to authorize an international 24 115
3209+•HR 815 EAH
3210+mechanism to resolve issues regarding compensation 1
3211+to Ukraine; 2
3212+(4) the Russian Federation can, by negotiated 3
3213+agreement, participate in any international process 4
3214+to assess the damages caused by the Russian Federa-5
3215+tion’s internationally wrongful acts and make funds 6
3216+available to compensate for these damages, and if it 7
3217+fails to do so, the United States and other countries 8
3218+should explore all avenues for ensuring compensation 9
3219+to Ukraine; 10
3220+(5) the President should lead robust engagement 11
3221+on all bilateral and multilateral aspects of the re-12
3222+sponse by the United States to acts by the Russian 13
3223+Federation that undermine the sovereignty and terri-14
3224+torial integrity of Ukraine, including on any policy 15
3225+coordination and alignment regarding the 16
3226+repurposing or ordered transfer of Russian sovereign 17
3227+assets in the context of determining compensation and 18
3228+providing assistance to Ukraine; 19
3229+(6) as part of the robust engagement on bilateral 20
3230+and multilateral responses to acts by the Russian 21
3231+Federation that undermine the sovereignty and terri-22
3232+torial integrity of Ukraine, the President should en-23
3233+deavor to facilitate creation of, and United States 24
3234+participation in, an international mechanism regard-25 116
3235+•HR 815 EAH
3236+ing the repurposing or seizure of sovereign assets of 1
3237+the Russian Federation for the benefit of Ukraine. 2
3238+(7) the repurposing of Russian sovereign assets is 3
3239+in the national interests of the United States and con-4
3240+sistent with United States and international law; 5
3241+(8) the United States should work with inter-6
3242+national allies and partners on the repurposing of 7
3243+Russian sovereign assets as part of a coordinated, 8
3244+multilateral effort, including with G7 countries and 9
3245+other countries in which Russian sovereign assets are 10
3246+located; and 11
3247+(9) any effort by the United States to confiscate 12
3248+and repurpose Russian sovereign assets should be un-13
3249+dertaken alongside international allies and partners 14
3250+as part of a coordinated, multilateral effort, including 15
3251+with G7 countries, the European Union, Australia, 16
3252+and other countries in which Russian sovereign assets 17
3253+are located. 18
3254+SEC. 103. PROHIBITION ON RELEASE OF BLOCKED RUSSIAN 19
3255+SOVEREIGN ASSETS. 20
3256+(a) I
3257+NGENERAL.—No Russian sovereign asset that is 21
3258+blocked or effectively immobilized by the Department of the 22
3259+Treasury before the date specified in section 104(j) may be 23
3260+released or mobilized, except as otherwise authorized by this 24 117
3261+•HR 815 EAH
3262+division, until the date on which the President certifies to 1
3263+the appropriate congressional committees that— 2
3264+(1) hostilities between the Russian Federation 3
3265+and Ukraine have ceased; and 4
3266+(2)(A) full compensation has been made to 5
3267+Ukraine for harms resulting from the invasion of 6
3268+Ukraine by the Russian Federation; or 7
3269+(B) the Russian Federation is participating in 8
3270+a bona fide international mechanism that, by agree-9
3271+ment, will discharge the obligations of the Russian 10
3272+Federation to compensate Ukraine for all amounts de-11
3273+termined to be owed to Ukraine. 12
28163274 (b) N
2817-OTIFICATION.—Not later than 30 days before the release
2818-or mobilization of a Russian sovereign asset that is blocked or
2819-effectively immobilized by the Department of the Treasury, the
2820-President shall submit to the appropriate congressional commit-
2821-tees—
2822-(1) a notification of the decision to take the action that
2823-releases or mobilizes the asset; and
2824-(2) a justification in writing for such decision.
3275+OTIFICATION.—Not later than 30 days before the 13
3276+release or mobilization of a Russian sovereign asset that 14
3277+is blocked or effectively immobilized by the Department of 15
3278+the Treasury, the President shall submit to the appropriate 16
3279+congressional committees— 17
3280+(1) a notification of the decision to take the ac-18
3281+tion that releases or mobilizes the asset; and 19
3282+(2) a justification in writing for such decision. 20
28253283 (c) J
2826-OINTRESOLUTION OFDISAPPROVAL.—
3284+OINTRESOLUTION OFDISAPPROVAL.— 21
28273285 (1) I
2828-N GENERAL.—No Russian sovereign asset that is
2829-blocked or effectively immobilized by the Department of the
2830-Treasury may be released or mobilized if, within 30 days of
2831-receipt of the notification and justification required under sub-
2832-section (b), a joint resolution is enacted into law prohibiting
2833-the proposed release or mobilization.
3286+N GENERAL.—No Russian sovereign asset 22
3287+that is blocked or effectively immobilized by the De-23
3288+partment of the Treasury may be released or mobi-24
3289+lized if, within 30 days of receipt of the notification 25 118
3290+•HR 815 EAH
3291+and justification required under subsection (b), a 1
3292+joint resolution is enacted into law prohibiting the 2
3293+proposed release or mobilization. 3
28343294 (2) E
2835-XPEDITED PROCEDURES .—Any joint resolution described
2836-in paragraph (1) introduced in either House of Congress shall
2837-be considered in accordance with the provisions of section 601(b)
2838-of the International Security Assistance and Arms Export Con-
2839-trol Act of 1976 (Public Law 94–329; 90 Stat. 765), except
2840-that any such resolution shall be subject to germane amend-
2841-ments. If such a joint resolution should be vetoed by the Presi-
2842-dent, the time for debate in consideration of the veto message
2843-on such measure shall be limited to 20 hours in the Senate
2844-and in the House of Representatives shall be determined in
2845-accordance with the Rules of the House.
3295+XPEDITED PROCEDURES .—Any joint resolu-4
3296+tion described in paragraph (1) introduced in either 5
3297+House of Congress shall be considered in accordance 6
3298+with the provisions of section 601(b) of the Inter-7
3299+national Security Assistance and Arms Export Con-8
3300+trol Act of 1976 (Public Law 94–329; 90 Stat. 765), 9
3301+except that any such resolution shall be subject to ger-10
3302+mane amendments. If such a joint resolution should 11
3303+be vetoed by the President, the time for debate in con-12
3304+sideration of the veto message on such measure shall 13
3305+be limited to 20 hours in the Senate and in the House 14
3306+of Representatives shall be determined in accordance 15
3307+with the Rules of the House. 16
28463308 (d) C
2847-OOPERATION ON PROHIBITION OFRELEASE OFCERTAINRUS-
2848-SIANSOVEREIGN ASSETS.—Notwithstanding subsection (a), the
2849-President may take such actions as may be necessary to seek
2850-to obtain an agreement or arrangement to which the Government
2851-of Ukraine is party that discharges the Russian Federation from
2852-further obligations to compensate Ukraine. H. R. 815—53
2853-SEC. 104. AUTHORITY TO ENSURE COMPENSATION TO UKRAINE USING
2854-SEIZED RUSSIAN SOVEREIGN ASSETS AND RUSSIAN
2855-AGGRESSOR STATE SOVEREIGN ASSETS.
2856-(a) REPORTING ONRUSSIANASSETS.—
3309+OOPERATION ONPROHIBITION OFRELEASE OF 17
3310+C
3311+ERTAINRUSSIANSOVEREIGNASSETS.—Notwithstanding 18
3312+subsection (a), the President may take such actions as may 19
3313+be necessary to seek to obtain an agreement or arrangement 20
3314+to which the Government of Ukraine is party that dis-21
3315+charges the Russian Federation from further obligations to 22
3316+compensate Ukraine. 23 119
3317+•HR 815 EAH
3318+SEC. 104. AUTHORITY TO ENSURE COMPENSATION TO 1
3319+UKRAINE USING SEIZED RUSSIAN SOVEREIGN 2
3320+ASSETS AND RUSSIAN AGGRESSOR STATE 3
3321+SOVEREIGN ASSETS. 4
3322+(a) R
3323+EPORTING ONRUSSIANASSETS.— 5
28573324 (1) N
2858-OTICE REQUIRED .—Not later than 90 days after the
2859-date of the enactment of this division, the President shall,
2860-by means of such instructions or regulations as the President
2861-may prescribe, require any financial institution at which Rus-
2862-sian sovereign assets are located, and that knows or should
2863-know of such assets, to provide notice of such assets, including
2864-relevant information required under section 501.603(b)(ii) of
2865-title 31, Code of Federal Regulations (or successor regulations),
2866-to the Secretary of the Treasury not later than 10 days after
2867-detection of such assets.
3325+OTICE REQUIRED.—Not later than 90 days 6
3326+after the date of the enactment of this division, the 7
3327+President shall, by means of such instructions or reg-8
3328+ulations as the President may prescribe, require any 9
3329+financial institution at which Russian sovereign as-10
3330+sets are located, and that knows or should know of 11
3331+such assets, to provide notice of such assets, including 12
3332+relevant information required under section 13
3333+501.603(b)(ii) of title 31, Code of Federal Regulations 14
3334+(or successor regulations), to the Secretary of the 15
3335+Treasury not later than 10 days after detection of 16
3336+such assets. 17
28683337 (2) R
2869-EPORT REQUIRED .—
3338+EPORT REQUIRED.— 18
28703339 (A) I
2871-N GENERAL.—Not later than 180 days after the
2872-date of the enactment of this division, and annually there-
2873-after for 3 years, the President shall submit to the appro-
2874-priate congressional committees a report detailing the
2875-status of Russian sovereign assets with respect to which
2876-notice has been provided to the Secretary of the Treasury
2877-under paragraph (1).
3340+N GENERAL.—Not later than 180 days 19
3341+after the date of the enactment of this division, 20
3342+and annually thereafter for 3 years, the Presi-21
3343+dent shall submit to the appropriate congres-22
3344+sional committees a report detailing the status of 23
3345+Russian sovereign assets with respect to which 24
3346+notice has been provided to the Secretary of the 25
3347+Treasury under paragraph (1). 26 120
3348+•HR 815 EAH
3349+(B) FORM.—The report required by sub-1
3350+paragraph (A) shall be submitted in unclassified 2
3351+form, but may include a classified annex. 3
3352+(b) S
3353+EIZURE ORTRANSFER OFASSETS.— 4
3354+(1) S
3355+EIZURE OF RUSSIAN AGGRESSOR STATE 5
3356+SOVEREIGN ASSETS.—On and after the date that is 6
3357+30 days after the President submits to the appro-7
3358+priate congressional committees the certification de-8
3359+scribed in subsection (c), the President may seize, con-9
3360+fiscate, transfer, or vest any Russian aggressor state 10
3361+sovereign assets, in whole or in part, and including 11
3362+any interest or interests in such assets, subject to the 12
3363+jurisdiction of the United States for the purpose of 13
3364+transferring those funds to the Ukraine Support Fund 14
3365+established under subsection (d). 15
3366+(2) V
3367+ESTING.—For funds confiscated under 16
3368+paragraph (1), all right, title, and interest shall vest 17
3369+in the United States Government, provided that no 18
3370+use of those funds other than the use of those funds 19
3371+consistent with subsection (f) shall be permitted. 20
3372+(3) L
3373+IQUIDATION AND DEPOSIT.—The President 21
3374+shall— 22
3375+(A) deposit any funds seized, transferred, or 23
3376+confiscated under paragraph (1) into the 24 121
3377+•HR 815 EAH
3378+Ukraine Support Fund established under sub-1
3379+section (d); 2
3380+(B) liquidate or sell any other property 3
3381+seized, transferred, or confiscated under para-4
3382+graph (1) and deposit the funds resulting from 5
3383+such liquidation or sale into the Ukraine Sup-6
3384+port Fund; and 7
3385+(C) make all such funds available for the 8
3386+purposes described in subsection (f). 9
3387+(4) M
3388+ETHOD OF SEIZURE, TRANSFER, OR CON-10
3389+FISCATION.—The President may seize, transfer, con-11
3390+fiscate or vest Russian aggressor state sovereign assets 12
3391+under paragraph (1) through instructions or licenses 13
3392+or in such other manner as the President determines 14
3393+appropriate. 15
3394+(c) C
3395+ERTIFICATION.—The certification described in 16
3396+this subsection, with respect to Russian aggressor state sov-17
3397+ereign assets, is a certification that— 18
3398+(1) seizing, confiscating, transferring, or vesting 19
3399+Russian aggressor state sovereign assets for the benefit 20
3400+of Ukraine is in the national interests of the United 21
3401+States; 22
3402+(2) the President has meaningfully coordinated 23
3403+with G7 leaders to take multilateral action with re-24
3404+gard to any seizure, confiscation, vesting, or transfer 25 122
3405+•HR 815 EAH
3406+of Russian sovereign assets for the benefit of Ukraine; 1
3407+and 2
3408+(3) either— 3
3409+(A) the President has received an official 4
3410+and legitimate request from a properly con-5
3411+stituted international mechanism that includes 6
3412+the participation of the Government of Ukraine 7
3413+and the United States and that has been estab-8
3414+lished for the purpose of, or otherwise tasked 9
3415+with, compensating Ukraine for damages arising 10
3416+or resulting from the internationally wrongful 11
3417+acts of the Russian Federation regarding the 12
3418+repurposing of sovereign assets of the Russian 13
3419+Federation; or 14
3420+(B) either— 15
3421+(i) the Russian Federation has not 16
3422+ceased its unlawful aggression against 17
3423+Ukraine; or 18
3424+(ii) the Russian Federation has ceased 19
3425+its unlawful aggression against Ukraine, 20
3426+but— 21
3427+(I) has not provided full com-22
3428+pensation to Ukraine for harms result-23
3429+ing from the internationally wrongful 24
3430+acts of the Russian Federation; and 25 123
3431+•HR 815 EAH
3432+(II) is not participating in a 1
3433+bona fide process to provide full com-2
3434+pensation to Ukraine for harms result-3
3435+ing from Russian aggression. 4
3436+(d) E
3437+STABLISHMENT OF THE UKRAINESUPPORT 5
3438+F
3439+UND.— 6
3440+(1) U
3441+KRAINE SUPPORT FUND .—The President 7
3442+shall establish an account, to be known as the 8
3443+‘‘Ukraine Support Fund’’, to consist of any funds 9
3444+with respect to which a seizure is ordered pursuant 10
3445+to subsection (b). 11
3446+(2) U
3447+SE OF FUNDS.—The funds in the accounts 12
3448+established under paragraph (1) shall be available to 13
3449+be used only as specified in subsection (f). 14
3450+(e) R
3451+ULE OFCONSTRUCTION.—Nothing in this section 15
3452+may be construed to provide the President with the author-16
3453+ity to seize, transfer, confiscate, or vest title to foreign sov-17
3454+ereign assets that are not Russian aggressor state sovereign 18
3455+assets in the United States or transfer any foreign sovereign 19
3456+assets to any recipient for any use other than the uses de-20
3457+scribed in this division. 21
3458+(f) F
3459+URTHERTRANSFER ANDUSE OFFUNDS.— 22
3460+(1) I
3461+N GENERAL.—Subject to paragraphs (2) and 23
3462+(3), Funds in the Ukraine Support Fund shall be 24
3463+available to the Secretary of State, in consultation 25 124
3464+•HR 815 EAH
3465+with the Administrator of the United States Agency 1
3466+for International Development, for the purpose of pro-2
3467+viding assistance to Ukraine for the damage resulting 3
3468+from the unlawful invasion by the Russian Federa-4
3469+tion that began on February 24, 2022. 5
3470+(2) S
3471+PECIFIC PERMISSIBLE USES .—Subject to 6
3472+paragraph (3), the following are permissible uses of 7
3473+the funds in the Ukraine Support Fund pursuant to 8
3474+paragraph (1): 9
3475+(A) Making contributions to an inter-10
3476+national body, fund, or mechanism established 11
3477+consistent with section 105(a) that is charged 12
3478+with determining and administering compensa-13
3479+tion or providing assistance to Ukraine. 14
3480+(B) Supporting reconstruction, rebuilding, 15
3481+and recovery efforts in Ukraine. 16
3482+(C) Providing economic and humanitarian 17
3483+assistance to the people of Ukraine. 18
3484+(3) N
3485+OTIFICATION.— 19
3486+(A) I
3487+N GENERAL.—The Secretary of State 20
3488+shall notify the appropriate congressional com-21
3489+mittees not fewer than 15 days before providing 22
3490+any funds from the Ukraine Support Fund to 23
3491+any other account for the purposes described in 24
3492+paragraph (1). 25 125
3493+•HR 815 EAH
3494+(B) ELEMENTS.—A notification under sub-1
3495+paragraph (A) with respect to the transfer of 2
3496+funds to another account pursuant to paragraph 3
3497+(1) shall specify— 4
3498+(i) the amount of funds to be provided; 5
3499+(ii) the specific purpose for which such 6
3500+funds are provided; and 7
3501+(iii) the recipient of those funds. 8
3502+(g) L
3503+IMITATION ONTRANSFER OFFUNDS.—No funds 9
3504+may be transferred or otherwise expended from the Ukraine 10
3505+Support Fund pursuant to subsection (f) unless the Presi-11
3506+dent certifies to the appropriate congressional committees 12
3507+that— 13
3508+(1) a plan exists to ensure transparency and ac-14
3509+countability for all funds transferred to and from any 15
3510+account receiving the funds; and 16
3511+(2) the President has transmitted the plan re-17
3512+quired under paragraph (1) to the appropriate con-18
3513+gressional committees in writing. 19
3514+(h) J
3515+OINTRESOLUTION OFDISAPPROVAL.—No funds 20
3516+may be transferred pursuant to subsection (f) if, within 15 21
3517+days of receipt of the notification required under subsection 22
3518+(f)(3), a joint resolution is enacted into law prohibiting 23
3519+such transfer. 24 126
3520+•HR 815 EAH
3521+(i) REPORT.—Not later than 90 days after the date 1
3522+of the enactment of this division, and not less frequently 2
3523+than every 180 days thereafter, the President shall submit 3
3524+to the appropriate congressional committees a report that 4
3525+includes the following: 5
3526+(1) An accounting of funds in the Ukraine Sup-6
3527+port Fund. 7
3528+(2) Any information regarding the disposition of 8
3529+funds in any account to which funds have been trans-9
3530+ferred pursuant to subsection (f) that has been trans-10
3531+mitted to the President by the institution housing 11
3532+said account during the period covered by the report. 12
3533+(3) A description of United States multilateral 13
3534+and bilateral diplomatic engagement with allies and 14
3535+partners of the United States that also have immo-15
3536+bilized Russian sovereign assets to compensate for 16
3537+damages caused by the Russian Federation’s inter-17
3538+nationally wrongful acts during the period covered by 18
3539+the report. 19
3540+(4) An outline of steps taken to carry out the es-20
3541+tablishment of the international mechanism described 21
3542+by section 105(a) during the period covered by the re-22
3543+port. 23
3544+(j) E
3545+XCEPTION FORUNITEDSTATESOBLIGATIONS 24
3546+U
3547+NDERTREATIES.—The authorities provided by this sec-25 127
3548+•HR 815 EAH
3549+tion may not be exercised in a manner inconsistent with 1
3550+the obligations of the United States under— 2
3551+(1) the Convention on Diplomatic Relations, 3
3552+done at Vienna April 18, 1961, and entered into force 4
3553+April 24, 1964 (23 UST 3227); 5
3554+(2) the Convention on Consular Relations, done 6
3555+at Vienna April 24, 1963, and entered into force on 7
3556+March 19, 1967 (21 UST 77); 8
3557+(3) the Agreement Regarding the Headquarters 9
3558+of the United Nations, signed at Lake Success June 10
3559+26, 1947, and entered into force November 21, 1947 11
3560+(TIAS 1676); or 12
3561+(4) any other international agreement to which 13
3562+the United States is a state party on the day before 14
3563+the date of the enactment of this division. 15
3564+(k) J
3565+UDICIALREVIEW.— 16
3566+(1) E
3567+XCLUSIVENESS OF REMEDY .—Notwith-17
3568+standing any other provision of law, any action taken 18
3569+under this section shall not be subject to judicial re-19
3570+view, except as provided in this subsection. 20
3571+(2) L
3572+IMITATIONS FOR FILING CLAIMS.—A claim 21
3573+may only be brought with respect to an action under 22
3574+this section— 23 128
3575+•HR 815 EAH
3576+(A) that alleges that the action will deny 1
3577+rights under the Constitution of the United 2
3578+States; and 3
3579+(B) if the claim is brought not later than 60 4
3580+days after the date of such action. 5
3581+(3) J
3582+URISDICTION.— 6
3583+(A) I
3584+N GENERAL.—A claim under para-7
3585+graph (2) of this subsection shall be barred un-8
3586+less a complaint is filed prior to the expiration 9
3587+of such time limits in the United States District 10
3588+Court for the District of Columbia. 11
3589+(B) A
3590+PPEAL.—An appeal of an order of the 12
3591+United States District Court for the District of 13
3592+Columbia issued pursuant to a claim brought 14
3593+under this subsection shall be taken by a notice 15
3594+of appeal filed with the United States Court of 16
3595+Appeals for the District of Columbia Circuit not 17
3596+later than 10 days after the date on which the 18
3597+order is entered. 19
3598+(C) E
3599+XPEDITED CONSIDERATION .—It shall 20
3600+be the duty of the United States District Court 21
3601+for the District of Columbia and the United 22
3602+States Court of Appeals for the District of Co-23
3603+lumbia Circuit to advance on the docket and to 24
3604+expedite to the greatest possible extent the dis-25 129
3605+•HR 815 EAH
3606+position of any claim brought under this sub-1
3607+section. 2
3608+(l) S
3609+UNSET.—The authorities conferred under this sec-3
3610+tion shall terminate on the earlier of— 4
3611+(1) the date that is 5 years after the date of the 5
3612+enactment of this division; or 6
3613+(2) the date that is 120 days after the date on 7
3614+which the President determines and certifies to the 8
3615+appropriate congressional committees that— 9
3616+(A) the Russian Federation has reached an 10
3617+agreement relating to the respective withdrawal 11
3618+of Russian forces and cessation of military hos-12
3619+tilities that is accepted by the free and inde-13
3620+pendent Government of Ukraine; and 14
3621+(B)(i) full compensation has been made to 15
3622+Ukraine for harms resulting from the invasion of 16
3623+Ukraine by the Russian Federation; 17
3624+(ii) the Russian Federation is participating 18
3625+in a bona fide international mechanism that, by 19
3626+agreement, will discharge the obligations of the 20
3627+Russian Federation to compensate Ukraine for 21
3628+all amounts determined to be owed to Ukraine; 22
3629+or 23
3630+(iii) the Russian Federation’s obligation to 24
3631+compensate Ukraine for the damage caused by 25 130
3632+•HR 815 EAH
3633+the Russian Federation’s aggression has been re-1
3634+solved pursuant to an agreement between the 2
3635+Russian Federation and the Government of 3
3636+Ukraine. 4
3637+SEC. 105. INTERNATIONAL MECHANISM TO USE RUSSIAN 5
3638+SOVEREIGN ASSETS AND RUSSIAN AGGRES-6
3639+SOR STATE SOVEREIGN ASSETS TO PROVIDE 7
3640+FOR THE RECONSTRUCTION OF UKRAINE. 8
3641+(a) I
3642+NGENERAL.—The President shall take such ac-9
3643+tions as the President determines appropriate to coordinate 10
3644+with the G7, the European Union, Australia, and other 11
3645+partners and allies of the United States regarding the dis-12
3646+position of immobilized Russian aggressor state sovereign 13
3647+assets, including seeking to establish an international mech-14
3648+anism with foreign partners, including Ukraine, the G7, 15
3649+the European Union, Australia, and other partners and al-16
3650+lies of the United States, for the purpose of assisting 17
3651+Ukraine, which may include the establishment of an inter-18
3652+national fund to be known as the ‘‘Ukraine Compensation 19
3653+Fund’’, that may receive and use assets in the Ukraine Sup-20
3654+port Fund established under section 104(c) and contribu-21
3655+tions from foreign partners that have also frozen or seized 22
3656+Russian aggressor state sovereign assets to assist Ukraine, 23
3657+including by— 24 131
3658+•HR 815 EAH
3659+(1) supporting a register of damage to serve as 1
3660+a record of evidence and for assessment of the finan-2
3661+cially assessable damages to Ukraine resulting from 3
3662+the invasions of Ukraine by the Russian Federation 4
3663+and operations or actions in support thereof; 5
3664+(2) establishing a mechanism to compensate 6
3665+Ukraine for damages caused by Russia’s internation-7
3666+ally wrongful acts connected with the invasions of 8
3667+Ukraine; 9
3668+(3) ensuring distribution of those assets or the 10
3669+proceeds of those assets based on determinations under 11
3670+that mechanism; and 12
3671+(4) taking such other actions as may be nec-13
3672+essary to carry out this section. 14
3673+(b) A
3674+UTHORIZATION FOR DEPOSIT IN THEUKRAINE 15
3675+C
3676+OMPENSATIONFUND.—Upon the President reaching an 16
3677+agreement or arrangement to establish a common inter-17
3678+national mechanism pursuant to subsection (a) or at any 18
3679+time thereafter, the Secretary of State may, pursuant to the 19
3680+authority conferred by and subject to the limitations de-20
3681+scribed in section 104(f) and subject to the limitations de-21
3682+scribed in subsection (e), transfer funds from the Ukraine 22
3683+Support Fund established under section 104(d) to a fund 23
3684+or mechanism established consistent with subsection (a). 24 132
3685+•HR 815 EAH
3686+(c) NOTIFICATION.—The President shall notify the ap-1
3687+propriate congressional committees not later than 30 days 2
3688+after entering into any new bilateral or multilateral agree-3
3689+ment or arrangement under subsection (a). 4
3690+(d) G
3691+OODGOVERNANCE.—The Secretary of State, in 5
3692+consultation with the Secretary of the Treasury, shall— 6
3693+(1) seek to ensure that any fund or mechanism 7
3694+established consistent with subsection (a) operates in 8
3695+accordance with established international accounting 9
3696+principles; 10
3697+(2) seek to ensure that any fund or mechanism 11
3698+established consistent with subsection (a) is— 12
3699+(A) staffed, operated, and administered in 13
3700+accordance with established accounting rules and 14
3701+governance procedures, including providing for 15
3702+payment of reasonable expenses from the fund for 16
3703+the governance and operation of the fund and the 17
3704+tribunal; 18
3705+(B) operated transparently as to all funds 19
3706+transfers, filings, and decisions; and 20
3707+(C) audited on a regular basis by an inde-21
3708+pendent auditor, in accordance with internation-22
3709+ally accepted accounting and auditing stand-23
3710+ards; 24 133
3711+•HR 815 EAH
3712+(3) seek to ensure that any audits of any fund 1
3713+or mechanism established consistent with subsection 2
3714+(a) shall be made available to the public; and 3
3715+(4) ensure that any audits of any fund or mech-4
3716+anism established consistent with subsection (a) shall 5
3717+be reviewed and reported on by the Government Ac-6
3718+countability Office to the appropriate congressional 7
3719+committees and the public. 8
3720+(e) L
3721+IMITATION ONTRANSFER OFFUNDS.—No funds 9
3722+may be transferred from the Ukraine Support Fund to a 10
3723+fund or mechanism established consistent with subsection 11
3724+(a) unless the President certifies to the appropriate congres-12
3725+sional committees that— 13
3726+(1) the institution housing the fund or mecha-14
3727+nism has a plan to ensure transparency and account-15
3728+ability for all funds transferred to and from the fund 16
3729+or mechanism established consistent with subsection 17
3730+(a); and 18
3731+(2) the President has transmitted the plan re-19
3732+quired under paragraph (1) to the appropriate con-20
3733+gressional committees in writing. 21
3734+(f) J
3735+OINTRESOLUTION OFDISAPPROVAL.—No funds 22
3736+may be transferred from the Ukraine Support Fund to a 23
3737+fund or mechanism established consistent with subsection 24
3738+(a) if, within 30 days of receipt of the notification required 25 134
3739+•HR 815 EAH
3740+under subsection (c)(2), a joint resolution is enacted prohib-1
3741+iting the transfer. 2
3742+(g) R
3743+EPORT.—Not later than 90 days after the date 3
3744+of the enactment of this division, and not less frequently 4
3745+than every 90 days thereafter, the President shall submit 5
3746+to the appropriate congressional committees a report that 6
3747+includes the following: 7
3748+(1) An accounting of funds in any fund or mech-8
3749+anism established consistent with subsection (a). 9
3750+(2) Any information regarding the disposition of 10
3751+any such fund or mechanism that has been trans-11
3752+mitted to the President by the institution housing the 12
3753+fund or mechanism during the period covered by the 13
3754+report. 14
3755+(3) A description of United States multilateral 15
3756+and bilateral diplomatic engagement with allies and 16
3757+partners of the United States that also have immo-17
3758+bilized Russian sovereign assets to allow for com-18
3759+pensation for Ukraine during the period covered by 19
3760+the report. 20
3761+(4) An outline of steps taken to carry out this 21
3762+section during the period covered by the report. 22 135
3763+•HR 815 EAH
3764+SEC. 106. REPORT ON USE OF TRANSFERRED RUSSIAN SOV-1
3765+EREIGN ASSETS FOR RECONSTRUCTION. 2
3766+Not later than 90 days after the date of the enactment 3
3767+of this division, and every 180 days thereafter, the Secretary 4
3768+of State, in consultation with the Secretary of the Treasury, 5
3769+shall submit to the appropriate congressional committees a 6
3770+report that contains— 7
3771+(1) the amount and source of Russian sovereign 8
3772+assets seized, transferred, or confiscated pursuant to 9
3773+section 104(b); 10
3774+(2) the amount and source of funds deposited 11
3775+into the Ukraine Support Fund under section 12
3776+104(b)(3); and 13
3777+(3) a detailed description and accounting of how 14
3778+such funds were used to meet the purposes described 15
3779+in section 104(f). 16
3780+SEC. 107. ASSESSMENT BY SECRETARY OF STATE AND AD-17
3781+MINISTRATOR OF USAID ON RECONSTRUC-18
3782+TION AND REBUILDING NEEDS OF UKRAINE. 19
3783+(a) I
3784+NGENERAL.—Not later than 180 days after the 20
3785+date of the enactment of this division, the Secretary of 21
3786+State, in consultation with the Administrator of the United 22
3787+States Agency for International Development, shall submit 23
3788+to the appropriate congressional committees an assessment 24
3789+of the most pressing needs of Ukraine for reconstruction, 25
3790+rebuilding, and humanitarian aid. 26 136
3791+•HR 815 EAH
3792+(b) ELEMENTS.—The assessment required by sub-1
3793+section (a) shall include the following: 2
3794+(1) An estimate of the rebuilding and reconstruc-3
3795+tion needs of Ukraine, as of the date of the assessment, 4
3796+resulting from the unlawful invasion of Ukraine by 5
3797+the Russian Federation, including— 6
3798+(A) a description of the sources and methods 7
3799+for the estimate; and 8
3800+(B) an identification of the locations or re-9
3801+gions in Ukraine with the most pressing needs. 10
3802+(2) An estimate of the humanitarian needs, as of 11
3803+the date of the assessment, of the people of Ukraine, 12
3804+including Ukrainians residing inside the internation-13
3805+ally recognized borders of Ukraine or outside those 14
3806+borders, resulting from the unlawful invasion of 15
3807+Ukraine by the Russian Federation. 16
3808+(3) An assessment of the extent to which the 17
3809+needs described in paragraphs (1) and (2) have been 18
3810+met or funded, by any source, as of the date of the 19
3811+assessment. 20
3812+(4) A plan to engage in robust multilateral and 21
3813+bilateral diplomacy to ensure that allies and partners 22
3814+of the United States, particularly in the European 23
3815+Union as Ukraine seeks accession to the European 24 137
3816+•HR 815 EAH
3817+Union, increase their commitment to Ukraine’s recon-1
3818+struction. 2
3819+(5) An identification of which such needs should 3
3820+be prioritized, including any assessment or request by 4
3821+the Government of Ukraine with respect to the 5
3822+prioritization of such needs. 6
3823+SEC. 108. EXTENSIONS. 7
3824+Section 5(a) of the Elie Wiesel Genocide and Atrocities 8
3825+Prevention Act of 2018 (Public Law 115–441; 132 Stat. 9
3826+5587) is amended, in the matter preceding paragraph (1), 10
3827+by striking ‘‘six years’’ and inserting ‘‘12 years’’. 11
3828+DIVISION G—OTHER MATTERS 12
3829+SEC. 1. REPORT AND IMPOSITION OF SANCTIONS TO HAR-13
3830+MONIZE WITH ALLIED SANCTIONS. 14
3831+(a) R
3832+EPORTREQUIRED.—Not later than 90 days after 15
3833+the date of the enactment of this division, the President shall 16
3834+submit to the Committee on Foreign Affairs of the House 17
3835+of Representatives and the Committee on Foreign Relations 18
3836+of the Senate a report identifying— 19
3837+(1) each foreign person currently subject to— 20
3838+(A) sanctions issued by the European 21
3839+Union pursuant to European Union Council 22
3840+Regulation No. 269/2014 of 17 March, 2014, as 23
3841+amended; or 24 138
3842+•HR 815 EAH
3843+(B) sanctions issued by the United King-1
3844+dom pursuant to the Russia (Sanctions) (EU 2
3845+Exit) Regulations 2019, as amended; and 3
3846+(2) each such foreign person that also meets the 4
3847+criteria for imposition of sanctions by the United 5
3848+States pursuant to— 6
3849+(A) the Global Magnitsky Human Rights 7
3850+Accountability Act of 2016 (22 U.S.C. 10101 et 8
3851+seq.); 9
3852+(B) Executive Order 14024 (50 U.S.C. 1701 10
3853+note, relating to blocking property with respect 11
3854+to specified harmful foreign activities of the Gov-12
3855+ernment of the Russian Federation), as amended; 13
3856+(C) Executive Order 14068 (50 U.S.C. 1701 14
3857+note, relating to prohibiting certain imports, ex-15
3858+ports, and new investment with respect to con-16
3859+tinued Russian Federation aggression), as 17
3860+amended; or 18
3861+(D) Executive Order 14071 (50 U.S.C. 1701 19
3862+note, relating to prohibiting new investment in 20
3863+and certain services to the Russian Federation 21
3864+in response to continued Russian Federation ag-22
3865+gression), as amended. 23
3866+(b) I
3867+MPOSITION OFSANCTIONS.—The President may 24
3868+impose the sanctions authorized by the applicable provision 25 139
3869+•HR 815 EAH
3870+of law listed in subsection (a)(2) with respect to each foreign 1
3871+person identified in the report required under subsection 2
3872+(a)(1) who is not already subject to sanctions under United 3
3873+States law pursuant to one or more statutory sanctions au-4
3874+thorities as of the date of the submission of such report. 5
3875+SEC. 2. INCLUSION OF INFORMATION ON EMERGING TECH-6
3876+NOLOGICAL DEVELOPMENTS IN ANNUAL 7
3877+CHINA MILITARY POWER REPORT. 8
3878+(a) I
3879+NGENERAL.—As part of each annual report sub-9
3880+mitted under section 1202 of the National Defense Author-10
3881+ization Act for Fiscal Year 2000 (Public Law 106–65; 10 11
3882+U.S.C. 113 note)(commonly referred to as the ‘‘China Mili-12
3883+tary Power report’’), the Secretary of Defense and Secretary 13
3884+of State, in consultation with the heads of such other Fed-14
3885+eral departments and agencies as the Secretary of Defense 15
3886+and Secretary of State may determine appropriate, shall 16
3887+include a component on emerging technological develop-17
3888+ments involving the People’s Republic of China. 18
3889+(b) M
3890+ATTERS.—Each report component referred to in 19
3891+subsection (a) shall include an identification and assess-20
3892+ment of at least five fields of critical or emerging tech-21
3893+nologies in which the People’s Liberation Army is invested, 22
3894+or for which there are Military-Civil Fusion Development 23
3895+Strategy programs of the People’s Republic of China, in-24
3896+cluding the following: 25 140
3897+•HR 815 EAH
3898+(1) A brief summary of each such identified field 1
3899+and its relevance to the military power and national 2
3900+security of the People’s Republic of China. 3
3901+(2) The implications for the national security of 4
3902+the United States as a result of the leadership or 5
3903+dominance by the People’s Republic of China in each 6
3904+such identified field and associated supply chains. 7
3905+(3) The identification of at least 10 entities dom-8
3906+iciled in, controlled by, or directed by the People’s Re-9
3907+public of China (including any subsidiaries of such 10
3908+entity), involved in each such identified field, and an 11
3909+assessment of, with respect to each such entity, the fol-12
3910+lowing: 13
3911+(A) Whether the entity has procured compo-14
3912+nents from any known United States suppliers. 15
3913+(B) Whether any United States technology 16
3914+imported by the entity is controlled under 17
3915+United States regulations. 18
3916+(C) Whether United States capital is in-19
3917+vested in the entity, either through known direct 20
3918+investment or passive investment flows. 21
3919+(D) Whether the entity has any connection 22
3920+to the People’s Liberation Army, the Military- 23
3921+Civil Fusion program of the People’s Republic of 24
3922+China, or any other state-sponsored initiatives of 25 141
3923+•HR 815 EAH
3924+the People’s Republic of China to support the de-1
3925+velopment of national champions. 2
3926+(c) A
3927+PPROPRIATECONGRESSIONALCOMMITTEESDE-3
3928+FINED.—In this section, the term ‘‘appropriate congres-4
3929+sional committees’’ means— 5
3930+(1) the Committee on Foreign Affairs of the 6
3931+House of Representatives; 7
3932+(2) the Committee on Armed Services of the 8
3933+House of Representatives; 9
3934+(3) the Committee on Foreign Relations of the 10
3935+Senate; and 11
3936+(4) the Committee on Armed Services of the Sen-12
3937+ate. 13
3938+DIVISION H—PROTECTING 14
3939+AMERICANS FROM FOREIGN 15
3940+ADVERSARY CONTROLLED AP-16
3941+PLICATIONS ACT 17
3942+SEC. 1. SHORT TITLE. 18
3943+This division may be cited as the ‘‘Protecting Ameri-19
3944+cans from Foreign Adversary Controlled Applications Act’’. 20
3945+SEC. 2. PROHIBITION OF FOREIGN ADVERSARY CON-21
3946+TROLLED APPLICATIONS. 22
3947+(a) I
3948+NGENERAL.— 23
3949+(1) P
3950+ROHIBITION OF FOREIGN ADVERSARY CON -24
3951+TROLLED APPLICATIONS.—It shall be unlawful for an 25 142
3952+•HR 815 EAH
3953+entity to distribute, maintain, or update (or enable 1
3954+the distribution, maintenance, or updating of) a for-2
3955+eign adversary controlled application by carrying 3
3956+out, within the land or maritime borders of the 4
3957+United States, any of the following: 5
3958+(A) Providing services to distribute, main-6
3959+tain, or update such foreign adversary controlled 7
3960+application (including any source code of such 8
3961+application) by means of a marketplace (includ-9
3962+ing an online mobile application store) through 10
3963+which users within the land or maritime borders 11
3964+of the United States may access, maintain, or 12
3965+update such application. 13
3966+(B) Providing internet hosting services to 14
3967+enable the distribution, maintenance, or updat-15
3968+ing of such foreign adversary controlled applica-16
3969+tion for users within the land or maritime bor-17
3970+ders of the United States. 18
3971+(2) A
3972+PPLICABILITY.—Subject to paragraph (3), 19
3973+this subsection shall apply— 20
3974+(A) in the case of an application that satis-21
3975+fies the definition of a foreign adversary con-22
3976+trolled application pursuant to subsection 23
3977+(g)(3)(A), beginning on the date that is 270 days 24 143
3978+•HR 815 EAH
3979+after the date of the enactment of this division; 1
3980+and 2
3981+(B) in the case of an application that satis-3
3982+fies the definition of a foreign adversary con-4
3983+trolled application pursuant to subsection 5
3984+(g)(3)(B), beginning on the date that is 270 days 6
3985+after the date of the relevant determination of the 7
3986+President under such subsection. 8
3987+(3) E
3988+XTENSION.—With respect to a foreign ad-9
3989+versary controlled application, the President may 10
3990+grant a 1-time extension of not more than 90 days 11
3991+with respect to the date on which this subsection 12
3992+would otherwise apply to such application pursuant 13
3993+to paragraph (2), if the President certifies to Congress 14
3994+that— 15
3995+(A) a path to executing a qualified divesti-16
3996+ture has been identified with respect to such ap-17
3997+plication; 18
3998+(B) evidence of significant progress toward 19
3999+executing such qualified divestiture has been pro-20
4000+duced with respect to such application; and 21
4001+(C) there are in place the relevant binding 22
4002+legal agreements to enable execution of such 23
4003+qualified divestiture during the period of such 24
4004+extension. 25 144
4005+•HR 815 EAH
4006+(b) DATA ANDINFORMATIONPORTABILITY TOALTER-1
4007+NATIVEAPPLICATIONS.—Before the date on which a prohi-2
4008+bition under subsection (a) applies to a foreign adversary 3
4009+controlled application, the entity that owns or controls such 4
4010+application shall provide, upon request by a user of such 5
4011+application within the land or maritime borders of United 6
4012+States, to such user all the available data related to the ac-7
4013+count of such user with respect to such application. Such 8
4014+data shall be provided in a machine readable format and 9
4015+shall include any data maintained by such application 10
4016+with respect to the account of such user, including content 11
4017+(including posts, photos, and videos) and all other account 12
4018+information. 13
4019+(c) E
4020+XEMPTIONS.— 14
4021+(1) E
4022+XEMPTIONS FOR QUALIFIED 15
4023+DIVESTITURES.—Subsection (a)— 16
4024+(A) does not apply to a foreign adversary 17
4025+controlled application with respect to which a 18
4026+qualified divestiture is executed before the date 19
4027+on which a prohibition under subsection (a) 20
4028+would begin to apply to such application; and 21
4029+(B) shall cease to apply in the case of a for-22
4030+eign adversary controlled application with re-23
4031+spect to which a qualified divestiture is executed 24 145
4032+•HR 815 EAH
4033+after the date on which a prohibition under sub-1
4034+section (a) applies to such application. 2
4035+(2) E
4036+XEMPTIONS FOR CERTAIN NECESSARY SERV -3
4037+ICES.—Subsections (a) and (b) do not apply to serv-4
4038+ices provided with respect to a foreign adversary con-5
4039+trolled application that are necessary for an entity to 6
4040+attain compliance with such subsections. 7
4041+(d) E
4042+NFORCEMENT.— 8
4043+(1) C
4044+IVIL PENALTIES.— 9
4045+(A) F
4046+OREIGN ADVERSARY CONTROLLED AP -10
4047+PLICATION VIOLATIONS.—An entity that violates 11
4048+subsection (a) shall be subject to pay a civil pen-12
4049+alty in an amount not to exceed the amount that 13
4050+results from multiplying $5,000 by the number 14
4051+of users within the land or maritime borders of 15
4052+the United States determined to have accessed, 16
4053+maintained, or updated a foreign adversary con-17
4054+trolled application as a result of such violation. 18
4055+(B) D
4056+ATA AND INFORMATION VIOLATIONS .— 19
4057+An entity that violates subsection (b) shall be 20
4058+subject to pay a civil penalty in an amount not 21
4059+to exceed the amount that results from multi-22
4060+plying $500 by the number of users within the 23
4061+land or maritime borders of the United States 24
4062+affected by such violation. 25 146
4063+•HR 815 EAH
4064+(2) ACTIONS BY ATTORNEY GENERAL .—The At-1
4065+torney General— 2
4066+(A) shall conduct investigations related to 3
4067+potential violations of subsection (a) or (b), and, 4
4068+if such an investigation results in a determina-5
4069+tion that a violation has occurred, the Attorney 6
4070+General shall pursue enforcement under para-7
4071+graph (1); and 8
4072+(B) may bring an action in an appropriate 9
4073+district court of the United States for appro-10
4074+priate relief, including civil penalties under 11
4075+paragraph (1) or declaratory and injunctive re-12
4076+lief. 13
4077+(e) S
4078+EVERABILITY.— 14
4079+(1) I
4080+N GENERAL.—If any provision of this sec-15
4081+tion or the application of this section to any person 16
4082+or circumstance is held invalid, the invalidity shall 17
4083+not affect the other provisions or applications of this 18
4084+section that can be given effect without the invalid 19
4085+provision or application. 20
4086+(2) S
4087+UBSEQUENT DETERMINATIONS .—If the ap-21
4088+plication of any provision of this section is held in-22
4089+valid with respect to a foreign adversary controlled 23
4090+application that satisfies the definition of such term 24
4091+pursuant to subsection (g)(3)(A), such invalidity shall 25 147
4092+•HR 815 EAH
4093+not affect or preclude the application of the same pro-1
4094+vision of this section to such foreign adversary con-2
4095+trolled application by means of a subsequent deter-3
4096+mination pursuant to subsection (g)(3)(B). 4
4097+(f) R
4098+ULE OFCONSTRUCTION.—Nothing in this divi-5
4099+sion may be construed— 6
4100+(1) to authorize the Attorney General to pursue 7
4101+enforcement, under this section, other than enforce-8
4102+ment of subsection (a) or (b); 9
4103+(2) to authorize the Attorney General to pursue 10
4104+enforcement, under this section, against an individual 11
4105+user of a foreign adversary controlled application; or 12
4106+(3) except as expressly provided herein, to alter 13
4107+or affect any other authority provided by or estab-14
4108+lished under another provision of Federal law. 15
4109+(g) D
4110+EFINITIONS.—In this section: 16
4111+(1) C
4112+ONTROLLED BY A FOREIGN ADVERSARY .— 17
4113+The term ‘‘controlled by a foreign adversary’’ means, 18
4114+with respect to a covered company or other entity, 19
4115+that such company or other entity is— 20
4116+(A) a foreign person that is domiciled in, is 21
4117+headquartered in, has its principal place of busi-22
4118+ness in, or is organized under the laws of a for-23
4119+eign adversary country; 24 148
4120+•HR 815 EAH
4121+(B) an entity with respect to which a for-1
4122+eign person or combination of foreign persons de-2
4123+scribed in subparagraph (A) directly or indi-3
4124+rectly own at least a 20 percent stake; or 4
4125+(C) a person subject to the direction or con-5
4126+trol of a foreign person or entity described in 6
4127+subparagraph (A) or (B). 7
4128+(2) C
4129+OVERED COMPANY.— 8
4130+(A) I
4131+N GENERAL.—The term ‘‘covered com-9
4132+pany’’ means an entity that operates, directly or 10
4133+indirectly (including through a parent company, 11
4134+subsidiary, or affiliate), a website, desktop appli-12
4135+cation, mobile application, or augmented or 13
4136+immersive technology application that— 14
4137+(i) permits a user to create an account 15
4138+or profile to generate, share, and view text, 16
4139+images, videos, real-time communications, 17
4140+or similar content; 18
4141+(ii) has more than 1,000,000 monthly 19
4142+active users with respect to at least 2 of the 20
4143+3 months preceding the date on which a rel-21
4144+evant determination of the President is 22
4145+made pursuant to paragraph (3)(B); 23
4146+(iii) enables 1 or more users to gen-24
4147+erate or distribute content that can be 25 149
4148+•HR 815 EAH
4149+viewed by other users of the website, desktop 1
4150+application, mobile application, or aug-2
4151+mented or immersive technology applica-3
4152+tion; and 4
4153+(iv) enables 1 or more users to view 5
4154+content generated by other users of the 6
4155+website, desktop application, mobile appli-7
4156+cation, or augmented or immersive tech-8
4157+nology application. 9
4158+(B) E
4159+XCLUSION.—The term ‘‘covered com-10
4160+pany’’ does not include an entity that operates 11
4161+a website, desktop application, mobile applica-12
4162+tion, or augmented or immersive technology ap-13
4163+plication whose primary purpose is to allow 14
4164+users to post product reviews, business reviews, 15
4165+or travel information and reviews. 16
4166+(3) F
4167+OREIGN ADVERSARY CONTROLLED APPLICA -17
4168+TION.—The term ‘‘foreign adversary controlled appli-18
4169+cation’’ means a website, desktop application, mobile 19
4170+application, or augmented or immersive technology 20
4171+application that is operated, directly or indirectly 21
4172+(including through a parent company, subsidiary, or 22
4173+affiliate), by— 23
4174+(A) any of— 24
4175+(i) ByteDance, Ltd.; 25 150
4176+•HR 815 EAH
4177+(ii) TikTok; 1
4178+(iii) a subsidiary of or a successor to 2
4179+an entity identified in clause (i) or (ii) that 3
4180+is controlled by a foreign adversary; or 4
4181+(iv) an entity owned or controlled, di-5
4182+rectly or indirectly, by an entity identified 6
4183+in clause (i), (ii), or (iii); or 7
4184+(B) a covered company that— 8
4185+(i) is controlled by a foreign adversary; 9
4186+and 10
4187+(ii) that is determined by the President 11
4188+to present a significant threat to the na-12
4189+tional security of the United States fol-13
4190+lowing the issuance of— 14
4191+(I) a public notice proposing such 15
4192+determination; and 16
4193+(II) a public report to Congress, 17
4194+submitted not less than 30 days before 18
4195+such determination, describing the spe-19
4196+cific national security concern involved 20
4197+and containing a classified annex and 21
4198+a description of what assets would need 22
4199+to be divested to execute a qualified di-23
4200+vestiture. 24 151
4201+•HR 815 EAH
4202+(4) FOREIGN ADVERSARY COUNTRY .—The term 1
4203+‘‘foreign adversary country’’ means a country speci-2
4204+fied in section 4872(d)(2) of title 10, United States 3
4205+Code. 4
4206+(5) I
4207+NTERNET HOSTING SERVICE .—The term 5
4208+‘‘internet hosting service’’ means a service through 6
4209+which storage and computing resources are provided 7
4210+to an individual or organization for the accommoda-8
4211+tion and maintenance of 1 or more websites or online 9
4212+services, and which may include file hosting, domain 10
4213+name server hosting, cloud hosting, and virtual pri-11
4214+vate server hosting. 12
4215+(6) Q
4216+UALIFIED DIVESTITURE.—The term ‘‘quali-13
4217+fied divestiture’’ means a divestiture or similar trans-14
4218+action that— 15
4219+(A) the President determines, through an 16
4220+interagency process, would result in the relevant 17
4221+foreign adversary controlled application no 18
4222+longer being controlled by a foreign adversary; 19
4223+and 20
4224+(B) the President determines, through an 21
4225+interagency process, precludes the establishment 22
4226+or maintenance of any operational relationship 23
4227+between the United States operations of the rel-24
4228+evant foreign adversary controlled application 25 152
4229+•HR 815 EAH
4230+and any formerly affiliated entities that are con-1
4231+trolled by a foreign adversary, including any co-2
4232+operation with respect to the operation of a con-3
4233+tent recommendation algorithm or an agreement 4
4234+with respect to data sharing. 5
4235+(7) S
4236+OURCE CODE.—The term ‘‘source code’’ 6
4237+means the combination of text and other characters 7
4238+comprising the content, both viewable and 8
4239+nonviewable, of a software application, including any 9
4240+publishing language, programming language, pro-10
4241+tocol, or functional content, as well as any successor 11
4242+languages or protocols. 12
4243+(8) U
4244+NITED STATES.—The term ‘‘United States’’ 13
4245+includes the territories of the United States. 14
4246+SEC. 3. JUDICIAL REVIEW. 15
4247+(a) R
4248+IGHT OFACTION.—A petition for review chal-16
4249+lenging this division or any action, finding, or determina-17
4250+tion under this division may be filed only in the United 18
4251+States Court of Appeals for the District of Columbia Cir-19
4252+cuit. 20
4253+(b) E
4254+XCLUSIVEJURISDICTION.—The United States 21
4255+Court of Appeals for the District of Columbia Circuit shall 22
4256+have exclusive jurisdiction over any challenge to this divi-23
4257+sion or any action, finding, or determination under this 24
4258+division. 25 153
4259+•HR 815 EAH
4260+(c) STATUTE OFLIMITATIONS.—A challenge may only 1
4261+be brought— 2
4262+(1) in the case of a challenge to this division, not 3
4263+later than 165 days after the date of the enactment 4
4264+of this division; and 5
4265+(2) in the case of a challenge to any action, find-6
4266+ing, or determination under this division, not later 7
4267+than 90 days after the date of such action, finding, 8
4268+or determination. 9
4269+DIVISION I—PROTECTING AMER-10
4270+ICANS’ DATA FROM FOREIGN 11
4271+ADVERSARIES ACT OF 2024 12
4272+SEC. 1. SHORT TITLE. 13
4273+This division may be cited as the ‘‘Protecting Ameri-14
4274+cans’ Data from Foreign Adversaries Act of 2024’’. 15
4275+SEC. 2. PROHIBITION ON TRANSFER OF PERSONALLY IDEN-16
4276+TIFIABLE SENSITIVE DATA OF UNITED 17
4277+STATES INDIVIDUALS TO FOREIGN ADVER-18
4278+SARIES. 19
4279+(a) P
4280+ROHIBITION.—It shall be unlawful for a data 20
4281+broker to sell, license, rent, trade, transfer, release, disclose, 21
4282+provide access to, or otherwise make available personally 22
4283+identifiable sensitive data of a United States individual 23
4284+to— 24
4285+(1) any foreign adversary country; or 25 154
4286+•HR 815 EAH
4287+(2) any entity that is controlled by a foreign ad-1
4288+versary. 2
4289+(b) E
4290+NFORCEMENT BY FEDERALTRADECOMMIS-3
4291+SION.— 4
4292+(1) U
4293+NFAIR OR DECEPTIVE ACTS OR PRAC -5
4294+TICES.—A violation of this section shall be treated as 6
4295+a violation of a rule defining an unfair or a deceptive 7
4296+act or practice under section 18(a)(1)(B) of the Fed-8
4297+eral Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 9
4298+(2) P
4299+OWERS OF COMMISSION.— 10
4300+(A) I
4301+N GENERAL.—The Commission shall 11
4302+enforce this section in the same manner, by the 12
4303+same means, and with the same jurisdiction, 13
4304+powers, and duties as though all applicable 14
4305+terms and provisions of the Federal Trade Com-15
4306+mission Act (15 U.S.C. 41 et seq.) were incor-16
4307+porated into and made a part of this section. 17
4308+(B) P
4309+RIVILEGES AND IMMUNITIES .—Any 18
4310+person who violates this section shall be subject 19
4311+to the penalties and entitled to the privileges and 20
4312+immunities provided in the Federal Trade Com-21
4313+mission Act. 22
4314+(3) A
4315+UTHORITY PRESERVED .—Nothing in this 23
4316+section may be construed to limit the authority of the 24
4317+Commission under any other provision of law. 25 155
4318+•HR 815 EAH
4319+(c) DEFINITIONS.—In this section: 1
4320+(1) C
4321+OMMISSION.—The term ‘‘Commission’’ 2
4322+means the Federal Trade Commission. 3
4323+(2) C
4324+ONTROLLED BY A FOREIGN ADVERSARY .— 4
4325+The term ‘‘controlled by a foreign adversary’’ means, 5
4326+with respect to an individual or entity, that such in-6
4327+dividual or entity is— 7
4328+(A) a foreign person that is domiciled in, is 8
4329+headquartered in, has its principal place of busi-9
4330+ness in, or is organized under the laws of a for-10
4331+eign adversary country; 11
4332+(B) an entity with respect to which a for-12
4333+eign person or combination of foreign persons de-13
4334+scribed in subparagraph (A) directly or indi-14
4335+rectly own at least a 20 percent stake; or 15
4336+(C) a person subject to the direction or con-16
4337+trol of a foreign person or entity described in 17
4338+subparagraph (A) or (B). 18
4339+(3) D
4340+ATA BROKER.— 19
4341+(A) I
4342+N GENERAL.—The term ‘‘data broker’’ 20
4343+means an entity that, for valuable consideration, 21
4344+sells, licenses, rents, trades, transfers, releases, 22
4345+discloses, provides access to, or otherwise makes 23
4346+available data of United States individuals that 24
4347+the entity did not collect directly from such indi-25 156
4348+•HR 815 EAH
4349+viduals to another entity that is not acting as a 1
4350+service provider. 2
4351+(B) E
4352+XCLUSION.—The term ‘‘data broker’’ 3
4353+does not include an entity to the extent such en-4
4354+tity— 5
4355+(i) is transmitting data of a United 6
4356+States individual, including communica-7
4357+tions of such an individual, at the request 8
4358+or direction of such individual; 9
4359+(ii) is providing, maintaining, or of-10
4360+fering a product or service with respect to 11
4361+which personally identifiable sensitive data, 12
4362+or access to such data, is not the product or 13
4363+service; 14
4364+(iii) is reporting or publishing news or 15
4365+information that concerns local, national, 16
4366+or international events or other matters of 17
4367+public interest; 18
4368+(iv) is reporting, publishing, or other-19
4369+wise making available news or information 20
4370+that is available to the general public— 21
4371+(I) including information from— 22
4372+(aa) a book, magazine, tele-23
4373+phone book, or online directory; 24
4374+(bb) a motion picture; 25 157
4375+•HR 815 EAH
4376+(cc) a television, internet, or 1
4377+radio program; 2
4378+(dd) the news media; or 3
4379+(ee) an internet site that is 4
4380+available to the general public on 5
4381+an unrestricted basis; and 6
4382+(II) not including an obscene vis-7
4383+ual depiction (as such term is used in 8
4384+section 1460 of title 18, United States 9
4385+Code); or 10
4386+(v) is acting as a service provider. 11
4387+(4) F
4388+OREIGN ADVERSARY COUNTRY .—The term 12
4389+‘‘foreign adversary country’’ means a country speci-13
4390+fied in section 4872(d)(2) of title 10, United States 14
4391+Code. 15
4392+(5) P
4393+ERSONALLY IDENTIFIABLE SENSITIVE 16
4394+DATA.—The term ‘‘personally identifiable sensitive 17
4395+data’’ means any sensitive data that identifies or is 18
4396+linked or reasonably linkable, alone or in combination 19
4397+with other data, to an individual or a device that 20
4398+identifies or is linked or reasonably linkable to an in-21
4399+dividual. 22
4400+(6) P
4401+RECISE GEOLOCATION INFORMATION .—The 23
4402+term ‘‘precise geolocation information’’ means infor-24
4403+mation that— 25 158
4404+•HR 815 EAH
4405+(A) is derived from a device or technology 1
4406+of an individual; and 2
4407+(B) reveals the past or present physical lo-3
4408+cation of an individual or device that identifies 4
4409+or is linked or reasonably linkable to 1 or more 5
4410+individuals, with sufficient precision to identify 6
4411+street level location information of an individual 7
4412+or device or the location of an individual or de-8
4413+vice within a range of 1,850 feet or less. 9
4414+(7) S
4415+ENSITIVE DATA.—The term ‘‘sensitive data’’ 10
4416+includes the following: 11
4417+(A) A government-issued identifier, such as 12
4418+a Social Security number, passport number, or 13
4419+driver’s license number. 14
4420+(B) Any information that describes or re-15
4421+veals the past, present, or future physical health, 16
4422+mental health, disability, diagnosis, or 17
4423+healthcare condition or treatment of an indi-18
4424+vidual. 19
4425+(C) A financial account number, debit card 20
4426+number, credit card number, or information that 21
4427+describes or reveals the income level or bank ac-22
4428+count balances of an individual. 23
4429+(D) Biometric information. 24
4430+(E) Genetic information. 25 159
4431+•HR 815 EAH
4432+(F) Precise geolocation information. 1
4433+(G) An individual’s private communica-2
4434+tions such as voicemails, emails, texts, direct 3
4435+messages, mail, voice communications, and video 4
4436+communications, or information identifying the 5
4437+parties to such communications or pertaining to 6
4438+the transmission of such communications, in-7
4439+cluding telephone numbers called, telephone num-8
4440+bers from which calls were placed, the time calls 9
4441+were made, call duration, and location informa-10
4442+tion of the parties to the call. 11
4443+(H) Account or device log-in credentials, or 12
4444+security or access codes for an account or device. 13
4445+(I) Information identifying the sexual be-14
4446+havior of an individual. 15
4447+(J) Calendar information, address book in-16
4448+formation, phone or text logs, photos, audio re-17
4449+cordings, or videos, maintained for private use 18
4450+by an individual, regardless of whether such in-19
4451+formation is stored on the individual’s device or 20
4452+is accessible from that device and is backed up 21
4453+in a separate location. 22
4454+(K) A photograph, film, video recording, or 23
4455+other similar medium that shows the naked or 24 160
4456+•HR 815 EAH
4457+undergarment-clad private area of an indi-1
4458+vidual. 2
4459+(L) Information revealing the video content 3
4460+requested or selected by an individual. 4
4461+(M) Information about an individual under 5
4462+the age of 17. 6
4463+(N) An individual’s race, color, ethnicity, or 7
4464+religion. 8
4465+(O) Information identifying an individual’s 9
4466+online activities over time and across websites or 10
4467+online services. 11
4468+(P) Information that reveals the status of 12
4469+an individual as a member of the Armed Forces. 13
4470+(Q) Any other data that a data broker sells, 14
4471+licenses, rents, trades, transfers, releases, dis-15
4472+closes, provides access to, or otherwise makes 16
4473+available to a foreign adversary country, or enti-17
4474+ty that is controlled by a foreign adversary, for 18
4475+the purpose of identifying the types of data listed 19
4476+in subparagraphs (A) through (P). 20
4477+(8) S
4478+ERVICE PROVIDER.—The term ‘‘service pro-21
4479+vider’’ means an entity that— 22
4480+(A) collects, processes, or transfers data on 23
4481+behalf of, and at the direction of— 24 161
4482+•HR 815 EAH
4483+(i) an individual or entity that is not 1
4484+a foreign adversary country or controlled by 2
4485+a foreign adversary; or 3
4486+(ii) a Federal, State, Tribal, terri-4
4487+torial, or local government entity; and 5
4488+(B) receives data from or on behalf of an 6
4489+individual or entity described in subparagraph 7
4490+(A)(i) or a Federal, State, Tribal, territorial, or 8
4491+local government entity. 9
4492+(9) U
4493+NITED STATES INDIVIDUAL .—The term 10
4494+‘‘United States individual’’ means a natural person 11
4495+residing in the United States. 12
4496+(d) E
4497+FFECTIVEDATE.—This section shall take effect 13
4498+on the date that is 60 days after the date of the enactment 14
4499+of this division. 15
4500+DIVISION J—SHIP ACT 16
4501+SEC. 1. SHORT TITLE. 17
4502+This division may be cited as the ‘‘Stop Harboring 18
4503+Iranian Petroleum Act’’ or the ‘‘SHIP Act’’. 19
4504+SEC. 2. STATEMENT OF POLICY. 20
4505+It is the policy of the United States— 21
4506+(1) to deny Iran the ability to engage in desta-22
4507+bilizing activities, support international terrorism, 23
4508+fund the development and acquisition of weapons of 24
4509+mass destruction and the means to deliver such weap-25 162
4510+•HR 815 EAH
4511+ons by limiting export of petroleum and petroleum 1
4512+products by Iran; 2
4513+(2) to deny Iran funds to oppress and commit 3
4514+human rights violations against the Iranian people 4
4515+assembling to peacefully redress the Iranian regime; 5
4516+(3) to fully enforce sanctions against those enti-6
4517+ties which provide support to the Iranian energy sec-7
4518+tor; and 8
4519+(4) to counter Iran’s actions to finance and fa-9
4520+cilitate the participation of foreign terrorist organiza-10
4521+tions in ongoing conflicts and illicit activities due to 11
4522+the threat such actions pose to the vital national in-12
4523+terests of the United States. 13
4524+SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO IRA-14
4525+NIAN PETROLEUM. 15
4526+(a) I
4527+NGENERAL.—On and after the date that is 180 16
4528+days after the date of the enactment of this division, and 17
4529+except as provided in subsection (e)(2), the President shall 18
4530+impose the sanctions described in subsection (c) with respect 19
4531+to each foreign person that the President determines know-20
4532+ingly engaged, on or after such date of enactment, in an 21
4533+activity described in subsection (b). 22
4534+(b) A
4535+CTIVITIESDESCRIBED.—A foreign person engages 23
4536+in an activity described in this subsection if the foreign per-24
4537+son— 25 163
4538+•HR 815 EAH
4539+(1) owns or operates a foreign port at which, on 1
4540+or after the date of the enactment of this division, 2
4541+such person knowingly permits to dock a vessel— 3
4542+(A) that is included on the list of specially 4
4543+designated nationals and blocked persons main-5
4544+tained by the Office of Foreign Assets Control of 6
4545+the Department of the Treasury for transporting 7
4546+Iranian crude oil or petroleum products; or 8
4547+(B) of which the operator or owner of such 9
4548+vessel otherwise knowingly engages in a signifi-10
4549+cant transaction involving such vessel to trans-11
4550+port, offload, or deal in significant transactions 12
4551+in condensate, refined, or unrefined petroleum 13
4552+products, or other petrochemical products origi-14
4553+nating from the Islamic Republic of Iran; 15
4554+(2) owns or operates a vessel through which such 16
4555+owner knowingly conducts a ship to ship transfer in-17
4556+volving a significant transaction of any petroleum 18
4557+product originating from the Islamic Republic of 19
4558+Iran; 20
4559+(3) owns or operates a refinery through which 21
4560+such owner knowingly engages in a significant trans-22
4561+action to process, refine, or otherwise deal in any pe-23
4562+troleum product originating from the Islamic Repub-24
4563+lic of Iran; 25 164
4564+•HR 815 EAH
4565+(4) is a covered family member of a foreign per-1
4566+son described in paragraph (1), (2), or (3); or 2
4567+(5) is owned or controlled by a foreign person de-3
4568+scribed in paragraph (1), (2), or (3), and knowingly 4
4569+engages in an activity described in paragraph (1), 5
4570+(2), or (3). 6
4571+(c) S
4572+ANCTIONSDESCRIBED.—The sanctions described 7
4573+in this subsection with respect to a foreign person described 8
4574+in subsection (a) are the following: 9
4575+(1) S
4576+ANCTIONS ON FOREIGN VESSELS .—Subject 10
4577+to such regulations as the President may prescribe, 11
4578+the President may prohibit a vessel described in sub-12
4579+section (b)(1)(A) or (b)(1)(B) from landing at any 13
4580+port in the United States— 14
4581+(A) with respect to a vessel described in sub-15
4582+section (b)(1)(A), for a period of not more than 16
4583+2 years beginning on the date on which the 17
4584+President imposes sanctions with respect to a re-18
4585+lated foreign port described in subsection 19
4586+(b)(1)(A); and 20
4587+(B) with respect to a vessel described in sub-21
4588+section (b)(1)(B), for a period of not more than 22
4589+2 years. 23
4590+(2) B
4591+LOCKING OF PROPERTY .—The President 24
4592+shall exercise all of the powers granted to the Presi-25 165
4593+•HR 815 EAH
4594+dent under the International Emergency Economic 1
4595+Powers Act (50 U.S.C. 1701 et seq.) to the extent nec-2
4596+essary to block and prohibit all transactions in prop-3
4597+erty and interests in property of the foreign person if 4
4598+such property and interests in property are in the 5
4599+United States, come within the United States, or are 6
4600+or come within the possession or control of a United 7
4601+States person. 8
4602+(3) I
4603+NELIGIBILITY FOR VISAS, ADMISSION, OR PA-9
4604+ROLE.— 10
4605+(A) V
4606+ISAS, ADMISSION, OR PAROLE.—An 11
4607+alien described in subsection (a) is— 12
4608+(i) inadmissible to the United States; 13
4609+(ii) ineligible to receive a visa or other 14
4610+documentation to enter the United States; 15
4611+and 16
4612+(iii) otherwise ineligible to be admitted 17
4613+or paroled into the United States or to re-18
4614+ceive any other benefit under the Immigra-19
4615+tion and Nationality Act (8 U.S.C. 1101 et 20
4616+seq.). 21
4617+(B) C
4618+URRENT VISAS REVOKED.— 22
4619+(i) I
4620+N GENERAL.—An alien described 23
4621+in subsection (a) is subject to revocation of 24
4622+any visa or other entry documentation re-25 166
4623+•HR 815 EAH
4624+gardless of when the visa or other entry doc-1
4625+umentation is or was issued. 2
4626+(ii) I
4627+MMEDIATE EFFECT .—A revoca-3
4628+tion under clause (i) shall take effect imme-4
4629+diately and automatically cancel any other 5
4630+valid visa or entry documentation that is in 6
4631+the alien’s possession. 7
4632+(C) E
4633+XCEPTIONS.—Sanctions under this 8
4634+paragraph shall not apply with respect to an 9
4635+alien if admitting or paroling the alien into the 10
4636+United States is necessary— 11
4637+(i) to permit the United States to com-12
4638+ply with the Agreement regarding the Head-13
4639+quarters of the United Nations, signed at 14
4640+Lake Success June 26, 1947, and entered 15
4641+into force November 21, 1947, between the 16
4642+United Nations and the United States, or 17
4643+other applicable international obligations; 18
4644+or 19
4645+(ii) to carry out or assist law enforce-20
4646+ment activity in the United States. 21
4647+(4) P
4648+ENALTIES.—The penalties provided for in 22
4649+subsections (b) and (c) of section 206 of the Inter-23
4650+national Emergency Economic Powers Act (50 U.S.C. 24
4651+1705) shall apply to a person that violates, attempts 25 167
4652+•HR 815 EAH
4653+to violate, conspires to violate, or causes a violation 1
4654+of this section or any regulations promulgated to 2
4655+carry out this section to the same extent that such 3
4656+penalties apply to a person that commits an unlawful 4
4657+act described in section 206(a) of that Act. 5
4658+(d) R
4659+ULES OFCONSTRUCTION.— 6
4660+(1) For purposes of determinations under sub-7
4661+section (a) that a foreign person engaged in activities 8
4662+described in subsection (b), a foreign person shall not 9
4663+be determined to know that petroleum or petroleum 10
4664+products originated from Iran if such person relied on 11
4665+a certificate of origin or other documentation con-12
4666+firming that the origin of the petroleum or petroleum 13
4667+products was a country other than Iran, unless such 14
4668+person knew or had reason to know that such docu-15
4669+mentation was falsified. 16
4670+(2) Nothing in this division shall be construed to 17
4671+affect the availability of any existing authorities to 18
4672+issue waivers, exceptions, exemptions, licenses, or 19
4673+other authorization. 20
4674+(e) I
4675+MPLEMENTATION; REGULATIONS.— 21
4676+(1) I
4677+N GENERAL.—The President may exercise 22
4678+all authorities under sections 203 and 205 of the 23
4679+International Emergency Economic Powers Act (50 24 168
4680+•HR 815 EAH
4681+U.S.C. 1702 and 1704) for purposes of carrying out 1
4682+this section. 2
4683+(2) D
4684+EADLINE FOR REGULATIONS .—Not later 3
4685+than 180 days after the date of the enactment of this 4
4686+division, the President shall prescribe such regulations 5
4687+as may be necessary for the implementation of this 6
4688+division. 7
4689+(3) N
4690+OTIFICATION TO CONGRESS .—Not later 8
4691+than 10 days before the prescription of regulations 9
4692+under paragraph (2), the President shall brief and 10
4693+provide written notification to the appropriate con-11
4694+gressional committees regarding— 12
4695+(A) the proposed regulations; and 13
4696+(B) the specific provisions of this division 14
4697+that the regulations are implementing. 15
4698+(f) E
4699+XCEPTION FORHUMANITARIANASSISTANCE.— 16
4700+(1) I
4701+N GENERAL.—Sanctions under this section 17
4702+shall not apply to— 18
4703+(A) the conduct or facilitation of a trans-19
4704+action for the provision of agricultural commod-20
4705+ities, food, medicine, medical devices, or humani-21
4706+tarian assistance, or for humanitarian purposes; 22
4707+or 23 169
4708+•HR 815 EAH
4709+(B) transactions that are necessary for or 1
4710+related to the activities described in subpara-2
4711+graph (A). 3
4712+(2) D
4713+EFINITIONS.—In this subsection: 4
4714+(A) A
4715+GRICULTURAL COMMODITY .—The term 5
4716+‘‘agricultural commodity’’ has the meaning given 6
4717+that term in section 102 of the Agricultural 7
4718+Trade Act of 1978 (7 U.S.C. 5602). 8
4719+(B) M
4720+EDICAL DEVICE.—The term ‘‘medical 9
4721+device’’ has the meaning given the term ‘‘device’’ 10
4722+in section 201 of the Federal Food, Drug, and 11
4723+Cosmetic Act (21 U.S.C. 321). 12
4724+(C) M
4725+EDICINE.—The term ‘‘medicine’’ has 13
4726+the meaning given the term ‘‘drug’’ in section 14
4727+201 of the Federal Food, Drug, and Cosmetic Act 15
4728+(21 U.S.C. 321). 16
4729+(g) E
4730+XCEPTION FOR SAFETY OF VESSELS AND 17
4731+C
4732+REW.—Sanctions under this section shall not apply with 18
4733+respect to a person providing provisions to a vessel other-19
4734+wise subject to sanctions under this section if such provi-20
4735+sions are intended for the safety and care of the crew aboard 21
4736+the vessel, the protection of human life aboard the vessel, 22
4737+or the maintenance of the vessel to avoid any environmental 23
4738+or other significant damage. 24
4739+(h) W
4740+AIVER.— 25 170
4741+•HR 815 EAH
4742+(1) IN GENERAL.—The President may, on a case- 1
4743+by-case basis and for periods not to exceed 180 days 2
4744+each, waive the application of sanctions imposed with 3
4745+respect to a foreign person under this section if the 4
4746+President certifies to the appropriate congressional 5
4747+committees, not later than 15 days after such waiver 6
4748+is to take effect, that the waiver is vital to the na-7
4749+tional interests of the United States. 8
4750+(2) S
4751+PECIAL RULE.—The President shall not be 9
4752+required to impose sanctions under this section with 10
4753+respect to a foreign person described in subsection (a) 11
4754+if the President certifies in writing to the appropriate 12
4755+congressional committees that the foreign person— 13
4756+(A) is no longer engaging in activities de-14
4757+scribed in subsection (b); or 15
4758+(B) has taken and is continuing to take sig-16
4759+nificant, verifiable steps toward permanently ter-17
4760+minating such activities. 18
4761+(i) T
4762+ERMINATION.—The authorities provided by this 19
4763+section shall cease to have effect on and after the date that 20
4764+is 30 days after the date on which the President certifies 21
4765+to the appropriate congressional committees that— 22
4766+(1) the Government of Iran no longer repeatedly 23
4767+provides support for international terrorism as deter-24
4768+mined by the Secretary of State pursuant to— 25 171
4769+•HR 815 EAH
4770+(A) section 1754(c)(1)(A) of the Export 1
4771+Control Reform Act of 2018 (50 U.S.C. 2
4772+4318(c)(1)(A)); 3
4773+(B) section 620A of the Foreign Assistance 4
4774+Act of 1961 (22 U.S.C. 2371); 5
4775+(C) section 40 of the Arms Export Control 6
4776+Act (22 U.S.C. 2780); or 7
4777+(D) any other provision of law; and 8
4778+(2) Iran has ceased the pursuit, acquisition, and 9
4779+development of, and verifiably dismantled, its nu-10
4780+clear, biological, and chemical weapons, ballistic mis-11
4781+siles, and ballistic missile launch technology. 12
4782+SEC. 4. REPORT ON IRANIAN PETROLEUM AND PETROLEUM 13
4783+PRODUCTS EXPORTS. 14
4784+(a) I
4785+NGENERAL.—Not later than 120 days after the 15
4786+date of enactment of this division, and annually thereafter 16
4787+until the date described in subsection (d), the Administrator 17
4788+of the Energy Information Administration shall submit to 18
4789+the appropriate congressional committees a report describ-19
4790+ing Iran’s growing exports of petroleum and petroleum 20
4791+products, that includes the following: 21
4792+(1) An analysis of Iran’s exports and sale of pe-22
4793+troleum and petroleum products, including— 23
4794+(A) an estimate of Iran’s petroleum export 24
4795+and sale revenue per year since 2018; 25 172
4796+•HR 815 EAH
4797+(B) an estimate of Iran’s petroleum export 1
4798+and sale revenue to China per year since 2018; 2
4799+(C) the amount of petroleum and crude oil 3
4800+barrels exported per year since 2018; 4
4801+(D) the amount of petroleum and crude oil 5
4802+barrels exported to China per year since 2018; 6
4803+(E) the amount of petroleum and crude oil 7
4804+barrels exported to countries other than China 8
4805+per year since 2018; 9
4806+(F) the average price per petroleum and 10
4807+crude oil barrel exported per year since 2018; 11
4808+and 12
4809+(G) the average price per petroleum and 13
4810+crude oil barrel exported to China per year since 14
4811+2018. 15
4812+(2) An analysis of Iran’s labeling practices of ex-16
4813+ported petroleum and petroleum products. 17
4814+(3) A description of companies involved in the 18
4815+exporting and sale of Iranian petroleum and petro-19
4816+leum products. 20
4817+(4) A description of ships involved in the export-21
4818+ing and sale of Iranian petroleum and petroleum 22
4819+products. 23 173
4820+•HR 815 EAH
4821+(5) A description of ports involved in the export-1
4822+ing and sale of Iranian petroleum and petroleum 2
4823+products. 3
28784824 (b) F
2879-ORM.—The report required by subparagraph (A)
2880-shall be submitted in unclassified form, but may include
2881-a classified annex.
4825+ORM.—The report required by subsection (a) shall 4
4826+be submitted in unclassified form but may include a classi-5
4827+fied annex. 6
4828+(c) P
4829+UBLICATION.—The unclassified portion of the re-7
4830+port required by subsection (a) shall be posted on a publicly 8
4831+available website of the Energy Information Administra-9
4832+tion. 10
4833+(d) T
4834+ERMINATION.—The requirement to submit reports 11
4835+under this section shall be terminated on the date on which 12
4836+the President makes the certification described in section 13
4837+3(i). 14
4838+SEC. 5. STRATEGY TO COUNTER ROLE OF THE PEOPLE’S RE-15
4839+PUBLIC OF CHINA IN EVASION OF SANCTIONS 16
4840+WITH RESPECT TO IRAN. 17
4841+(a) I
4842+NGENERAL.—Not later than 120 days after the 18
4843+date of the enactment of this division, the Secretary of 19
4844+State, in consultation with the heads of other appropriate 20
4845+Federal agencies, shall submit to the appropriate congres-21
4846+sional committees a written strategy, and provide to those 22
4847+committees an accompanying briefing, on the role of the 23
4848+People’s Republic of China in evasion of sanctions imposed 24 174
4849+•HR 815 EAH
4850+by the United States with respect to Iranian-origin petro-1
4851+leum products that includes an assessment of options— 2
4852+(1) to strengthen the enforcement of such sanc-3
4853+tions; and 4
4854+(2) to expand sanctions designations targeting 5
4855+the involvement of the People’s Republic of China in 6
4856+the production, transportation, storage, refining, and 7
4857+sale of Iranian-origin petroleum products. 8
4858+(b) E
4859+LEMENTS.—The strategy required by subsection 9
4860+(a) shall include— 10
4861+(1) a description and assessment of the use of 11
4862+sanctions in effect before the date of the enactment of 12
4863+this division to target individuals and entities of the 13
4864+People’s Republic of China that are directly or indi-14
4865+rectly associated with smuggling of Iranian-origin pe-15
4866+troleum products; 16
4867+(2) an assessment of— 17
4868+(A) Iranian-owned entities operating in the 18
4869+People’s Republic of China and involved in pe-19
4870+troleum refining supply chains; 20
4871+(B) the People’s Republic of China’s role in 21
4872+global petroleum refining supply chains; 22
4873+(C) how the People’s Republic of China 23
4874+leverages its role in global petroleum supply 24
4875+chains to achieve political objectives; 25 175
4876+•HR 815 EAH
4877+(D) the People’s Republic of China’s petro-1
4878+leum importing and exporting partners; 2
4879+(E) what percent of the People’s Republic of 3
4880+China’s energy consumption is linked to illegally 4
4881+imported Iranian-origin petroleum products; 5
4882+and 6
4883+(F) what level of influence the Chinese Com-7
4884+munist Party holds over non-state, semi-inde-8
4885+pendent ‘‘teapot’’ refineries; 9
4886+(3) a detailed plan for— 10
4887+(A) monitoring the maritime domain for 11
4888+sanctionable activity related to smuggling of Ira-12
4889+nian-origin petroleum products; 13
4890+(B) identifying the individuals, entities, 14
4891+and vessels engaging in sanctionable activity re-15
4892+lated to Iranian-origin petroleum products, in-16
4893+cluding— 17
4894+(i) vessels— 18
4895+(I) transporting petrochemicals 19
4896+subject to sanctions; 20
4897+(II) conducting ship-to-ship trans-21
4898+fers of such petrochemicals; 22
4899+(III) with deactivated automatic 23
4900+identification systems; or 24 176
4901+•HR 815 EAH
4902+(IV) that engage in ‘‘flag hop-1
4903+ping’’ by changing national registries; 2
4904+(ii) individuals or entities— 3
4905+(I) storing petrochemicals subject 4
4906+to sanctions; or 5
4907+(II) refining or otherwise proc-6
4908+essing such petrochemicals; and 7
4909+(iii) through the use of port entry and 8
4910+docking permission of vessels subject to 9
4911+sanctions; 10
4912+(C) deterring individuals and entities from 11
4913+violating sanctions by educating and engaging— 12
4914+(i) insurance providers; 13
4915+(ii) parent companies; and 14
4916+(iii) vessel operators; 15
4917+(D) collaborating with allies and partners 16
4918+of the United States engaged in the Arabian Pe-17
4919+ninsula, including through standing or new 18
4920+maritime task forces, to build sanctions enforce-19
4921+ment capacity through assistance and training 20
4922+to defense and law enforcement services; and 21
4923+(E) using public communications and glob-22
4924+al diplomatic engagements to highlight the role 23
4925+of illicit petroleum product smuggling in bol-24 177
4926+•HR 815 EAH
4927+stering Iran’s support for terrorism and its nu-1
4928+clear program; and 2
4929+(4) an assessment of— 3
4930+(A) the total number of vessels smuggling 4
4931+Iranian-origin petroleum products; 5
4932+(B) the total number of vessels smuggling 6
4933+such petroleum products destined for the People’s 7
4934+Republic of China; 8
4935+(C) the number of vessels smuggling such 9
4936+petroleum products specifically from the Islamic 10
4937+Revolutionary Guard Corps; 11
4938+(D) interference by the People’s Republic of 12
4939+China with attempts by the United States to in-13
4940+vestigate or enforce sanctions on illicit Iranian 14
4941+petroleum product exports; 15
4942+(E) the effectiveness of the use of sanctions 16
4943+with respect to insurers of entities that own or 17
4944+operate vessels involved in smuggling Iranian-or-18
4945+igin petroleum products; 19
4946+(F) the personnel and resources needed to 20
4947+enforce sanctions with respect to Iranian-origin 21
4948+petroleum products; and 22
4949+(G) the impact of smuggled illicit Iranian- 23
4950+origin petroleum products on global energy mar-24
4951+kets. 25 178
4952+•HR 815 EAH
4953+(c) FORM.—The strategy required by subsection (a) 1
4954+shall be submitted in unclassified form, but may include 2
4955+a classified index. 3
4956+SEC. 6. DEFINITIONS. 4
4957+In this division: 5
4958+(1) A
4959+PPROPRIATE CONGRESSIONAL COMMIT -6
4960+TEES.—The term ‘‘appropriate congressional commit-7
4961+tees’’ means— 8
4962+(A) the Committee on Foreign Affairs, the 9
4963+Committee on the Judiciary, and the Committee 10
4964+on Financial Services of the House of Represent-11
4965+atives; and 12
4966+(B) the Committee on Foreign Relations, 13
4967+the Committee on the Judiciary, and the Com-14
4968+mittee on Banking, Housing, and Urban Affairs 15
4969+of the Senate. 16
4970+(2) C
4971+OVERED FAMILY MEMBER .—The term ‘‘cov-17
4972+ered family member’’, with respect to a foreign person 18
4973+who is an individual, means a spouse, adult child, 19
4974+parent, or sibling of the person who engages in the 20
4975+sanctionable activity described under section 3 or who 21
4976+demonstrably benefits from such activity. 22 179
4977+•HR 815 EAH
4978+DIVISION K—FIGHT CRIME ACT 1
4979+SEC. 1. SHORT TITLE. 2
4980+This division may be cited as the ‘‘Fight and Combat 3
4981+Rampant Iranian Missile Exports Act’’ or the ‘‘Fight 4
4982+CRIME Act’’. 5
4983+SEC. 2. FINDINGS. 6
4984+Congress makes the following findings: 7
4985+(1) Annex B to United Nations Security Council 8
4986+Resolution 2231 (2015) restricts certain missile-re-9
4987+lated activities and transfers to and from Iran, in-10
4988+cluding all items, materials, equipment, goods, and 11
4989+technology set out in the Missile Technology Control 12
4990+Regime Annex, absent advance, case-by-case approval 13
4991+from the United Nations Security Council. 14
4992+(2) Iran has transferred Shahed and Mohajer 15
4993+drones, covered under the Missile Technology Control 16
4994+Regime Annex, to the Russian Federation, the Gov-17
4995+ernment of Ethiopia, and other Iran-aligned entities, 18
4996+including the Houthis in Yemen and militia units in 19
4997+Iraq, without prior authorization from the United 20
4998+Nations Security Council, in violation of the restric-21
4999+tions set forth in Annex B to United Nations Security 22
5000+Council Resolution 2231. 23
5001+(3) Certain missile-related restrictions in Annex 24
5002+B to United Nations Security Council Resolution 25 180
5003+•HR 815 EAH
5004+2231 expired in October 2023, removing international 1
5005+legal restrictions on missile-related activities and 2
5006+transfers to and from Iran. 3
5007+SEC. 3. STATEMENT OF POLICY. 4
5008+It is the policy of the United States— 5
5009+(1) to urgently seek the extension of missile-re-6
5010+lated restrictions set forth in Annex B to United Na-7
5011+tions Security Council Resolution 2231 (2015); 8
5012+(2) to use all available authorities to constrain 9
5013+Iran’s domestic ballistic missile production capabili-10
5014+ties; 11
5015+(3) to combat and deter the transfer of conven-12
5016+tional and non-conventional arms, equipment, mate-13
5017+rial, and technology to, or from Iran, or involving the 14
5018+Government of Iran; and 15
5019+(4) to ensure countries, individuals, and entities 16
5020+engaged in, or attempting to engage in, the acquisi-17
5021+tion, facilitation, or development of arms and related 18
5022+components and technology subject to restrictions 19
5023+under Annex B to United Nations Security Council 20
5024+Resolution 2231 are held to account under United 21
5025+States and international law, including through the 22
5026+application and enforcement of sanctions and use of 23
5027+export controls, regardless of whether the restrictions 24
5028+under Annex B to United Nations Security Council 25 181
5029+•HR 815 EAH
5030+Resolution 2231 remain in effect following their an-1
5031+ticipated expiration in October 2023. 2
5032+SEC. 4. REPORT. 3
5033+(a) I
5034+NGENERAL.—Not later than 90 days after the 4
5035+date of the enactment of this division, and annually there-5
5036+after for two years, the Secretary of State, in coordination 6
5037+with the heads of other appropriate Federal agencies, shall 7
5038+submit to the appropriate congressional committees an un-8
5039+classified report, with a classified annex if necessary, that 9
5040+includes the following: 10
5041+(1) A diplomatic strategy to secure the renewal 11
5042+of international restrictions on certain missile-related 12
5043+activities, including transfers to and from Iran set 13
5044+forth in Annex B to United Nations Security Council 14
5045+Resolution 2231 (2015). 15
5046+(2) An analysis of how the expiration of missile- 16
5047+related restrictions set forth in Annex B to United 17
5048+Nations Security Council Resolution 2231 impacts 18
5049+the Government of Iran’s arms proliferation and ma-19
5050+lign activities, including as the restrictions relate to 20
5051+cooperation with, and support for, Iran-aligned enti-21
5052+ties and allied countries. 22
5053+(3) An assessment of the revenue, or in-kind ben-23
5054+efits, accrued by the Government of Iran, or Iran- 24
5055+aligned entities, as a result of a lapse in missile-re-25 182
5056+•HR 815 EAH
5057+lated restrictions set forth in Annex B to United Na-1
5058+tions Security Council Resolution 2231. 2
5059+(4) A detailed description of a United States 3
5060+strategy to deter, prevent, and disrupt the sale, pur-4
5061+chase, or transfer of covered technology involving Iran 5
5062+absent restrictions pursuant to Annex B to United 6
5063+Nations Security Council Resolution 2231. 7
5064+(5) An identification of any foreign person en-8
5065+gaging in, enabling, or otherwise facilitating any ac-9
5066+tivity involving Iran restricted under Annex B to 10
5067+United Nations Security Council Resolution 2231, re-11
5068+gardless of whether such restrictions remain in effect 12
5069+after October 2023. 13
5070+(6) A description of actions by the United Na-14
5071+tions and other multilateral organizations, including 15
5072+the European Union, to hold accountable foreign per-16
5073+sons that have violated the restrictions set forth in 17
5074+Annex B to United Nations Security Council Resolu-18
5075+tion 2231, and efforts to prevent further violations of 19
5076+such restrictions. 20
5077+(7) A description of actions by individual mem-21
5078+ber states of the United Nations Security Council to 22
5079+hold accountable foreign persons that have violated re-23
5080+strictions set forth in Annex B to United Nations Se-24 183
5081+•HR 815 EAH
5082+curity Council Resolution 2231 and efforts to prevent 1
5083+further violations of such restrictions. 2
5084+(8) A description of actions by the People’s Re-3
5085+public of China, the Russian Federation, or any other 4
5086+country to prevent, interfere with, or undermine ef-5
5087+forts to hold accountable foreign persons that have 6
5088+violated the restrictions set forth in Annex B to 7
5089+United Nations Security Council Resolution 2231, in-8
5090+cluding actions to restrict United Nations-led inves-9
5091+tigations into suspected violations of such restrictions, 10
5092+or limit funding to relevant United Nations offices or 11
5093+experts. 12
5094+(9) An analysis of the foreign and domestic sup-13
5095+ply chains in Iran that directly or indirectly facili-14
5096+tate, support, or otherwise aid the Government of 15
5097+Iran’s drone or missile program, including storage, 16
5098+transportation, or flight-testing of related goods, tech-17
5099+nology, or components. 18
5100+(10) An identification of any foreign person, or 19
5101+network containing foreign persons, that enables, sup-20
5102+ports, or otherwise facilitates the operations or main-21
5103+tenance of any Iranian airline subject to United 22
5104+States sanctions or export control restrictions. 23
5105+(11) An assessment of how the continued oper-24
5106+ation of Iranian airlines subject to United States 25 184
5107+•HR 815 EAH
5108+sanctions or export control restrictions impacts the 1
5109+Government of Iran’s ability to transport or develop 2
5110+arms, including covered technology. 3
28825111 (b) S
2883-EIZURE ORTRANSFER OFASSETS.—
5112+COPE.—The initial report required by subsection 4
5113+(a) shall address the period beginning on January 1, 2021, 5
5114+and ending on the date that is 90 days after date of the 6
5115+enactment of this division, and each subsequent report shall 7
5116+address the one-year period following the conclusion of the 8
5117+prior report. 9
5118+SEC. 5. SANCTIONS TO COMBAT THE PROLIFERATION OF 10
5119+IRANIAN MISSILES. 11
5120+(a) I
5121+NGENERAL.—The sanctions described in sub-12
5122+section (b) shall apply to any foreign person the President 13
5123+determines, on or after the date of the enactment of this 14
5124+division— 15
5125+(1) knowingly engages in any effort to acquire, 16
5126+possess, develop, transport, transfer, or deploy covered 17
5127+technology to, from, or involving the Government of 18
5128+Iran or Iran-aligned entities, regardless of whether 19
5129+the restrictions set forth in Annex B to United Na-20
5130+tions Security Council Resolution 2231 (2015) re-21
5131+main in effect after October 2023; 22
5132+(2) knowingly provides entities owned or con-23
5133+trolled by the Government of Iran or Iran-aligned en-24
5134+tities with goods, technology, parts, or components, 25 185
5135+•HR 815 EAH
5136+that may contribute to the development of covered 1
5137+technology; 2
5138+(3) knowingly participates in joint missile or 3
5139+drone development, including development of covered 4
5140+technology, with the Government of Iran or Iran- 5
5141+aligned entities, including technical training, storage, 6
5142+and transport; 7
5143+(4) knowingly imports, exports, or re-exports to, 8
5144+into, or from Iran, whether directly or indirectly, any 9
5145+significant arms or related materiel prohibited under 10
5146+paragraph (5) or (6) to Annex B of United Nations 11
5147+Security Council Resolution 2231 (2015) as of April 12
5148+1, 2023; 13
5149+(5) knowingly provides significant financial, 14
5150+material, or technological support to, or knowingly 15
5151+engages in a significant transaction with, a foreign 16
5152+person subject to sanctions for conduct described in 17
5153+paragraph (1), (2), (3), or (4); or 18
5154+(6) is an adult family member of a person sub-19
5155+ject to sanctions for conduct described in paragraph 20
5156+(1), (2), (3), or (4). 21
5157+(b) S
5158+ANCTIONSDESCRIBED.—The sanctions described 22
5159+in this subsection are the following: 23
5160+(1) B
5161+LOCKING OF PROPERTY .—The President 24
5162+shall exercise all authorities granted under the Inter-25 186
5163+•HR 815 EAH
5164+national Emergency Economic Powers Act (50 U.S.C. 1
5165+1701 et seq.) to the extent necessary to block and pro-2
5166+hibit all transactions in property and interests in 3
5167+property of the foreign person if such property and 4
5168+interests in property are in the United States, come 5
5169+within the United States, or come within the posses-6
5170+sion or control of a United States person. 7
5171+(2) I
5172+NELIGIBILITY FOR VISAS, ADMISSION, OR PA-8
5173+ROLE.— 9
5174+(A) V
5175+ISAS, ADMISSION, OR PAROLE.—An 10
5176+alien described in subsection (a) shall be— 11
5177+(i) inadmissible to the United States; 12
5178+(ii) ineligible to receive a visa or other 13
5179+documentation to enter the United States; 14
5180+and 15
5181+(iii) otherwise ineligible to be admitted 16
5182+or paroled into the United States or to re-17
5183+ceive any other benefit under the Immigra-18
5184+tion and Nationality Act (8 U.S.C. 1101 et 19
5185+16 seq.). 20
5186+(B) C
5187+URRENT VISAS REVOKED.— 21
5188+(i) I
5189+N GENERAL.—The visa or other 22
5190+entry documentation of any alien described 23
5191+in subsection (a) is subject to revocation re-24 187
5192+•HR 815 EAH
5193+gardless of the issue date of the visa or other 1
5194+entry documentation. 2
5195+(ii) I
5196+MMEDIATE EFFECT .—A revoca-3
5197+tion under clause (i) shall, in accordance 4
5198+with section 221(i) of the Immigration and 5
5199+Nationality Act (8 U.S.C. 1201(i))— 6
5200+(I) take effect immediately; and 7
5201+(II) cancel any other valid visa or 8
5202+entry documentation that is in the pos-9
5203+session of the alien. 10
5204+(c) P
5205+ENALTIES.—Any person that violates, or attempts 11
5206+to violate, subsection (b) or any regulation, license, or order 12
5207+issued pursuant to that subsection, shall be subject to the 13
5208+penalties set forth in subsections (b) and (c) of section 206 14
5209+of the International Economic Powers Act (50 U.S.C. 1705) 15
5210+to the same extent as a person that commits an unlawful 16
5211+act described in subsection (a) of that section. 17
5212+(d) W
5213+AIVER.—The President may waive the applica-18
5214+tion of sanctions under this section with respect to a foreign 19
5215+person for renewable periods not to exceed 180 days only 20
5216+if, not later than 15 days after the date on which the waiver 21
5217+is to take effect, the President submits to the appropriate 22
5218+congressional committees a written determination and jus-23
5219+tification that the waiver is in the vital national security 24
5220+interests of the United States. 25 188
5221+•HR 815 EAH
5222+(e) IMPLEMENTATION.—The President may exercise all 1
5223+authorities provided under sections 203 and 205 of the 2
5224+International Emergency Economic Powers Act (50 U.S.C. 3
5225+1702 and 1704) to carry out any amendments made by this 4
5226+section. 5
5227+(f) R
5228+EGULATIONS.— 6
5229+(1) I
5230+N GENERAL.—The President shall, not later 7
5231+than 120 days after the date of the enactment of this 8
5232+division, promulgate regulations as necessary for the 9
5233+implementation of this division and the amendments 10
5234+made by this division. 11
5235+(2) N
5236+OTIFICATION TO CONGRESS.—Not less than 12
5237+10 days before the promulgation of regulations under 13
5238+subsection (a), the President shall notify the appro-14
5239+priate congressional committees of the proposed regu-15
5240+lations and the provisions of this division and the 16
5241+amendments made by this division that the regula-17
5242+tions are implementing. 18
5243+(g) E
5244+XCEPTIONS.— 19
5245+(1) E
5246+XCEPTION FOR INTELLIGENCE ACTIVI -20
5247+TIES.—Sanctions under this section shall not apply 21
5248+to any activity subject to the reporting requirements 22
5249+under title V of the National Security Act of 1947 (50 23
5250+U.S.C. 3091 et seq.) or any authorized intelligence ac-24
5251+tivities of the United States. 25 189
5252+•HR 815 EAH
5253+(2) EXCEPTION TO COMPLY WITH INTER -1
5254+NATIONAL OBLIGATIONS AND FOR LAW ENFORCEMENT 2
5255+ACTIVITIES.—Sanctions under this section shall not 3
5256+apply with respect to an alien if admitting or parol-4
5257+ing the alien into the United States is necessary— 5
5258+(A) to permit the United States to comply 6
5259+with the Agreement regarding the Headquarters 7
5260+of the United Nations, signed at Lake Success 8
5261+June 26, 1947, and entered into force November 9
5262+21, 1947, between the United Nations and the 10
5263+United States, or other applicable international 11
5264+obligations; or 12
5265+(B) to carry out or assist authorized law 13
5266+enforcement activity in the United States. 14
5267+(h) T
5268+ERMINATION OFSANCTIONS.—This section shall 15
5269+cease to be effective beginning on the date that is 30 days 16
5270+after the date on which the President certifies to the appro-17
5271+priate congressional committees that— 18
5272+(1) the Government of Iran no longer repeatedly 19
5273+provides support for international terrorism as deter-20
5274+mined by the Secretary of State pursuant to— 21
5275+(A) section 1754(c)(1)(A) of the Export 22
5276+Control Reform Act of 2018 (50 U.S.C. 23
5277+4318(c)(1)(A)); 24 190
5278+•HR 815 EAH
5279+(B) section 620A of the Foreign Assistance 1
5280+Act of 1961 (22 U.S.C. 2371); 2
5281+(C) section 40 of the Arms Export Control 3
5282+Act (22 U.S.C. 2780); or 4
5283+(D) any other provision of law; and 5
5284+(2) Iran has ceased the pursuit, acquisition, and 6
5285+development of, and verifiably dismantled its, nu-7
5286+clear, biological, and chemical weapons and ballistic 8
5287+missiles and ballistic missile launch technology. 9
5288+SEC. 6. REPORT TO IDENTIFY, AND DESIGNATION AS FOR-10
5289+EIGN TERRORIST ORGANIZATIONS OF, IRA-11
5290+NIAN PERSONS THAT HAVE ATTACKED 12
5291+UNITED STATES CITIZENS USING UNMANNED 13
5292+COMBAT AERIAL VEHICLES. 14
5293+(a) I
5294+NGENERAL.—Not later than 90 days after the 15
5295+date of the enactment of this division, and every 180 days 16
5296+thereafter, the Secretary of State shall submit to the appro-17
5297+priate congressional committees a report that identifies, for 18
5298+the period specified in subsection (b), any Iranian person 19
5299+that has attacked a United States citizen using an un-20
5300+manned combat aerial vehicle, as defined for the purpose 21
5301+of the United Nations Register of Conventional Arms. 22
5302+(b) P
5303+ERIODSPECIFIED.—The period specified in this 23
5304+subsection is— 24
5305+(1) for the initial report, the period— 25 191
5306+•HR 815 EAH
5307+(A) beginning on October 27, 2023; and 1
5308+(B) ending on the date such report is sub-2
5309+mitted; and 3
5310+(2) for the second or a subsequent report, the pe-4
5311+riod— 5
5312+(A) beginning on the date the preceding re-6
5313+port was submitted; and 7
5314+(B) ending on the date such second or subse-8
5315+quent report is submitted. 9
5316+(c) D
5317+ESIGNATION OFPERSONS ASFOREIGNTER-10
5318+RORISTORGANIZATIONS.— 11
5319+(1) I
5320+N GENERAL.—The President shall designate 12
5321+any person identified in a report submitted under 13
5322+subsection (a) as a foreign terrorist organization 14
5323+under section 219 of the Immigration and Natu-15
5324+ralization Act (8 U.S.C. 1189). 16
5325+(2) R
5326+EVOCATION.—The President may not revoke 17
5327+a designation made under paragraph (1) until the 18
5328+date that is 4 years after the date of such designation. 19
5329+(d) W
5330+AIVER.—The Secretary of State may waive the 20
5331+requirements of this section upon a determination and cer-21
5332+tification to the appropriate congressional committees that 22
5333+such a waiver is in the vital national security interests of 23
5334+the United States. 24 192
5335+•HR 815 EAH
5336+(e) SUNSET.—This section shall terminate on the date 1
5337+that is 4 years after the date of the enactment of this divi-2
5338+sion. 3
5339+(f) I
5340+RANIANPERSONDEFINED.—In this section, the 4
5341+term ‘‘Iranian person’’— 5
5342+(1) means an entity organized under the laws of 6
5343+Iran or otherwise subject to the jurisdiction of the 7
5344+Government of Iran; and 8
5345+(2) includes the Islamic Revolutionary Guard 9
5346+Corps. 10
5347+SEC. 7. DEFINITIONS. 11
5348+In this division: 12
5349+(1) A
5350+PPROPRIATE CONGRESSIONAL COMMIT -13
5351+TEES.—The term ‘‘appropriate congressional commit-14
5352+tees’’ means— 15
5353+(A) the Committee on Foreign Affairs, the 16
5354+Committee on Financial Services, and the Com-17
5355+mittee on the Judiciary of the House of Rep-18
5356+resentatives; and 19
5357+(B) the Committee on Foreign Relations, 20
5358+the Committee on the Judiciary, and the Com-21
5359+mittee on Banking, Housing, and Urban Affairs 22
5360+of the Senate. 23
5361+(2) F
5362+OREIGN PERSON.—The term ‘‘foreign per-24
5363+son’’— 25 193
5364+•HR 815 EAH
5365+(A) means an individual or entity that is 1
5366+not a United States person; and 2
5367+(B) includes a foreign state (as such term is 3
5368+defined in section 1603 of title 28, United States 4
5369+Code). 5
5370+(3) G
5371+OVERNMENT OF IRAN.—The term ‘‘Govern-6
5372+ment of Iran’’ has the meaning given such term in 7
5373+section 560.304 of title 31, Code of Federal Regula-8
5374+tions, as such section was in effect on January 1, 9
5375+2021. 10
5376+(4) U
5377+NITED STATES PERSON .—The terms 11
5378+‘‘United States person’’ means— 12
5379+(A) a United States citizen; 13
5380+(B) a permanent resident alien of the 14
5381+United States; 15
5382+(C) an entity organized under the laws of 16
5383+the United States or of any jurisdiction within 17
5384+the United States, including a foreign branch of 18
5385+such an entity; or 19
5386+(D) a person in the United States. 20
5387+(5) I
5388+RAN-ALIGNED ENTITY.—The term ‘‘Iran- 21
5389+aligned entity’’ means a foreign person that— 22
5390+(A) is controlled or significantly influenced 23
5391+by the Government of Iran; and 24 194
5392+•HR 815 EAH
5393+(B) knowingly receives material or finan-1
5394+cial support from the Government of Iran, in-2
5395+cluding Hezbollah, the Houthis, or any other 3
5396+proxy group that furthers Iran’s national secu-4
5397+rity objectives. 5
5398+(6) C
5399+OVERED TECHNOLOGY .—The term ‘‘covered 6
5400+technology’’ means— 7
5401+(A) any goods, technology, software, or re-8
5402+lated material specified in the Missile Tech-9
5403+nology Control Regime Annex, as in effect on the 10
5404+day before the date of the enactment of this divi-11
5405+sion; and 12
5406+(B) any additional goods, technology, soft-13
5407+ware, or related material added to the Missile 14
5408+Technology Control Regime Annex after the day 15
5409+before the date of the enactment of this division. 16
5410+(7) F
5411+AMILY MEMBER.—The term ‘‘family mem-17
5412+ber’’ means— 18
5413+(A) a child, grandchild, parent, grand-19
5414+parent, sibling, or spouse; and 20
5415+(B) any spouse, widow, or widower of an 21
5416+individual described in subparagraph (A). 22
5417+(8) K
5418+NOWINGLY.—The term ‘‘knowingly’’ has the 23
5419+meaning given that term in section 14 of the Iran 24
5420+Sanctions Act of 1996 (50 U.S.C. 1701 note). 25 195
5421+•HR 815 EAH
5422+(9) MISSILE TECHNOLOGY CONTROL REGIME .— 1
5423+The term ‘‘Missile Technology Control Regime’’ means 2
5424+the policy statement, between the United States, the 3
5425+United Kingdom, the Federal Republic of Germany, 4
5426+France, Italy, Canada, and Japan, announced on 5
5427+April 16, 1987, to restrict sensitive missile-relevant 6
5428+transfers based on the Missile Technology Control Re-7
5429+gime Annex, and any amendments thereto or expan-8
5430+sions thereof, as in effect on the day before the date 9
5431+of the enactment of this division. 10
5432+(10) M
5433+ISSILE TECHNOLOGY CONTROL REGIME 11
5434+ANNEX.—The term ‘‘Missile Technology Control Re-12
5435+gime Annex’’ means the Guidelines and Equipment 13
5436+and Technology Annex of the Missile Technology Con-14
5437+trol Regime, and any amendments thereto or updates 15
5438+thereof, as in effect on the day before the date of the 16
5439+enactment of this division. 17
5440+DIVISION L—MAHSA ACT 18
5441+SEC. 1. SHORT TITLE. 19
5442+This division may be cited as the ‘‘Mahsa Amini 20
5443+Human rights and Security Accountability Act’’ or the 21
5444+‘‘MAHSA Act’’. 22 196
5445+•HR 815 EAH
5446+SEC. 2. IMPOSITION OF SANCTIONS ON IRAN’S SUPREME 1
5447+LEADER’S OFFICE, ITS APPOINTEES, AND ANY 2
5448+AFFILIATED PERSONS. 3
5449+(a) F
5450+INDINGS.—Congress finds the following: 4
5451+(1) The Supreme Leader is an institution of the 5
5452+Islamic Republic of Iran. 6
5453+(2) The Supreme Leader holds ultimate author-7
5454+ity over Iran’s judiciary and security apparatus, in-8
5455+cluding the Ministry of Intelligence and Security, law 9
5456+enforcement forces under the Interior Ministry, the Is-10
5457+lamic Revolutionary Guard Corps (IRGC), and the 11
5458+Basij, a nationwide volunteer paramilitary group 12
5459+subordinate to the IRGC, all of which have engaged 13
5460+in human rights abuses in Iran. Additionally the 14
5461+IRGC, a United States designated Foreign Terrorist 15
5462+Organization, which reports to the Supreme Leader, 16
5463+continues to perpetrate terrorism around the globe, 17
5464+including attempts to kill and kidnap American citi-18
5465+zens on United States soil. 19
5466+(3) The Supreme Leader appoints the head of 20
5467+Iran’s judiciary. International observers continue to 21
5468+criticize the lack of independence of Iran’s judicial 22
5469+system and maintained that trials disregarded inter-23
5470+national standards of fairness. 24
5471+(4) The revolutionary courts, created by Iran’s 25
5472+former Supreme Leader Ruhollah Khomeini, within 26 197
5473+•HR 815 EAH
5474+Iran’s judiciary, are chiefly responsible for hearing 1
5475+cases of political offenses, operate in parallel to Iran’s 2
5476+criminal justice system and routinely hold grossly un-3
5477+fair trials without due process, handing down pre-4
5478+determined verdicts and rubberstamping executions 5
5479+for political purpose. 6
5480+(5) The Iranian security and law enforcement 7
5481+forces engage in serious human rights abuse at the be-8
5482+hest of the Supreme Leader. 9
5483+(6) Iran’s President, Ebrahim Raisi, sits at the 10
5484+helm of the most sanctioned cabinet in Iranian his-11
5485+tory which includes internationally sanctioned rights 12
5486+violators. Raisi has supported the recent crackdown 13
5487+on protestors and is a rights violator himself, having 14
5488+served on a ‘‘death commission’’ in 1988 that led to 15
5489+the execution of several thousand political prisoners 16
5490+in Iran. He most recently served as the head of Iran’s 17
5491+judiciary, a position appointed by Iran’s current Su-18
5492+preme Leader Ali Khamenei, and may likely be a po-19
5493+tential candidate to replace Khamenei as Iran’s next 20
5494+Supreme Leader. 21
5495+(7) On September 16, 2022, a 22-year-old 22
5496+woman, Mahsa Amini, died in the detention of the 23
5497+Morality Police after being beaten and detained for 24
5498+allegedly transgressing discriminatory dress codes for 25 198
5499+•HR 815 EAH
5500+women. This tragic incident triggered widespread, 1
5501+pro-women’s rights, pro-democracy protests across all 2
5502+of Iran’s 31 provinces, calling for the end to Iran’s 3
5503+theocratic regime. 4
5504+(8) In the course of the protests, the Iranian se-5
5505+curity forces’ violent crackdown includes mass arrests, 6
5506+well documented beating of protestors, throttling of the 7
5507+internet and telecommunications services, and shoot-8
5508+ing protestors with live ammunition. Iranian security 9
5509+forces have reportedly killed hundreds of protestors 10
5510+and other civilians, including women and children, 11
5511+and wounded many more. 12
5512+(9) Iran’s Supreme Leader is the leader of the 13
5513+‘‘Axis of Resistance’’, which is a network of Tehran’s 14
5514+terror proxy and partner militias materially sup-15
5515+ported by the Islamic Revolutionary Guard Corps 16
5516+that targets the United States as well as its allies and 17
5517+partners. 18
5518+(b) S
5519+ENSE OFCONGRESS.—It is the sense of Congress 19
5520+that— 20
5521+(1) the United States shall stand with and sup-21
5522+port the people of Iran in their demand for funda-22
5523+mental human rights; 23
5524+(2) the United States shall continue to hold the 24
5525+Islamic Republic of Iran, particularly the Supreme 25 199
5526+•HR 815 EAH
5527+Leader and President, accountable for abuses of 1
5528+human rights, corruption, and export of terrorism; 2
5529+and 3
5530+(3) Iran must immediately end its gross viola-4
5531+tions of internationally recognized human rights. 5
5532+(c) I
5533+NGENERAL.— 6
5534+(1) D
5535+ETERMINATION AND REPORT REQUIRED .— 7
5536+Not later than 90 days after the date of the enactment 8
5537+of this division, and annually thereafter, the Presi-9
5538+dent shall— 10
5539+(A) determine whether each foreign person 11
5540+described in subsection (d) meets the criteria for 12
5541+imposition of sanctions under one or more of the 13
5542+sanctions programs and authorities listed in 14
5543+paragraph (2); 15
5544+(B) impose applicable sanctions against 16
5545+any foreign person determined to meet the cri-17
5546+teria for imposition of sanctions pursuant to 18
5547+subparagraph (A) under the sanctions programs 19
5548+and authorities listed in subparagraph (A) or 20
5549+(F) of subsection (c)(2) and pursue applicable 21
5550+sanctions against any foreign person determined 22
5551+to meet the criteria for imposition of sanctions 23
5552+pursuant to subparagraph (A) under the sanc-24
5553+tions programs and authorities listed in sub-25 200
5554+•HR 815 EAH
5555+paragraph (B), (C), (D), or (E) of subsection 1
5556+(c)(2); and 2
5557+(C) submit to the appropriate congressional 3
5558+committees a report in unclassified form, with a 4
5559+classified annex provided separately if needed, 5
5560+containing— 6
5561+(i) a list of all foreign persons de-7
5562+scribed in subsection (d) that meet the cri-8
5563+teria for imposition of sanctions under one 9
5564+or more of the sanctions programs and au-10
5565+thorities listed in paragraph (2); and 11
5566+(ii) for each foreign person identified 12
5567+pursuant to clause (i)— 13
5568+(I) a list of each sanctions pro-14
5569+gram or authority listed in paragraph 15
5570+(2) for which the person meets the cri-16
5571+teria for imposition of sanctions; 17
5572+(II) a statement which, if any, of 18
5573+the sanctions authorized by any of the 19
5574+sanctions programs and authorities 20
5575+identified pursuant to subclause (I) 21
5576+have been imposed or will be imposed 22
5577+within 30 days of the submission of the 23
5578+report; and 24 201
5579+•HR 815 EAH
5580+(III) with respect to which any of 1
5581+the sanctions authorized by any of the 2
5582+sanctions programs and authorities 3
5583+identified pursuant to subclause (I) 4
5584+have not been imposed and will not be 5
5585+imposed within 30 days of the submis-6
5586+sion of the report, the specific author-7
5587+ity under which otherwise applicable 8
5588+sanctions are being waived, have other-9
5589+wise been determined not to apply, or 10
5590+are not being imposed and a complete 11
5591+justification of the decision to waive or 12
5592+otherwise not apply the sanctions au-13
5593+thorized by such sanctions programs 14
5594+and authorities. 15
5595+(2) S
5596+ANCTIONS LISTED.—The sanctions listed in 16
5597+this paragraph are the following: 17
5598+(A) Sanctions described in section 105(c) of 18
5599+the Comprehensive Iran Sanctions, Account-19
5600+ability, and Divestment Act of 2010 (22 U.S.C. 20
5601+8514(c)). 21
5602+(B) Sanctions applicable with respect to a 22
5603+person pursuant to Executive Order 13553 (50 23
5604+U.S.C. 1701 note; relating to blocking property 24 202
5605+•HR 815 EAH
5606+of certain persons with respect to serious human 1
5607+rights abuses by the Government of Iran). 2
5608+(C) Sanctions applicable with respect to a 3
5609+person pursuant to Executive Order 13224 (50 4
5610+U.S.C. 1701 note; relating to blocking property 5
5611+and prohibiting transactions with persons who 6
5612+commit, threaten to commit, or support ter-7
5613+rorism). 8
5614+(D) Sanctions applicable with respect to a 9
5615+person pursuant to Executive Order 13818 (re-10
5616+lating to blocking the property of persons in-11
5617+volved in serious human rights abuse or corrup-12
5618+tion). 13
5619+(E) Sanctions applicable with respect to a 14
5620+person pursuant to Executive Order 13876 (re-15
5621+lating to imposing sanctions with respect to 16
5622+Iran). 17
5623+(F) Penalties and visa bans applicable with 18
5624+respect to a person pursuant to section 7031(c) 19
5625+of the Department of State, Foreign Operations, 20
5626+and Related Programs Appropriations Act, 2021. 21
5627+(3) F
5628+ORM OF DETERMINATION .—The determina-22
5629+tion required by paragraph (1) shall be provided in 23
5630+an unclassified form but may contain a classified 24
5631+annex provided separately containing additional con-25 203
5632+•HR 815 EAH
5633+textual information pertaining to justification for the 1
5634+issuance of any waiver issued, as described in para-2
5635+graph (1)(C)(ii). The unclassified portion of such de-3
5636+termination shall be made available on a publicly 4
5637+available internet website of the Federal Government. 5
5638+(d) F
5639+OREIGNPERSONSDESCRIBED.—The foreign per-6
5640+sons described in this subsection are the following: 7
5641+(1) The Supreme Leader of Iran and any official 8
5642+in the Office of the Supreme Leader of Iran. 9
5643+(2) The President of Iran and any official in the 10
5644+Office of the President of Iran or the President’s cabi-11
5645+net, including cabinet ministers and executive vice 12
5646+presidents. 13
5647+(3) Any entity, including foundations and eco-14
5648+nomic conglomerates, overseen by the Office of the Su-15
5649+preme Leader of Iran which is complicit in financing 16
5650+or resourcing of human rights abuses or support for 17
5651+terrorism. 18
5652+(4) Any official of any entity owned or con-19
5653+trolled by the Supreme Leader of Iran or the Office 20
5654+of the Supreme Leader of Iran. 21
5655+(5) Any person determined by the President— 22
5656+(A) to be a person appointed by the Su-23
5657+preme Leader of Iran, the Office of the Supreme 24
5658+Leader of Iran, the President of Iran, or the Of-25 204
5659+•HR 815 EAH
5660+fice of the President of Iran to a position as a 1
5661+state official of Iran, or as the head of any entity 2
5662+located in Iran or any entity located outside of 3
5663+Iran that is owned or controlled by one or more 4
5664+entities in Iran; 5
5665+(B) to have materially assisted, sponsored, 6
5666+or provided financial, material, or technological 7
5667+support for, or goods or services to or in support 8
5668+of any person whose property and interests in 9
5669+property are blocked pursuant to any sanctions 10
5670+program or authority listed in subsection (c)(2); 11
5671+(C) to be owned or controlled by, or to have 12
5672+acted or purported to act for or on behalf of, di-13
5673+rectly or indirectly any person whose property 14
5674+and interests in property are blocked pursuant to 15
5675+any sanctions program or authority listed in 16
5676+subsection (c)(2); or 17
5677+(D) to be a member of the board of directors 18
5678+or a senior executive officer of any person whose 19
5679+property and interests in property are blocked 20
5680+pursuant to any sanctions program or authority 21
5681+listed in subsection (c)(2). 22
5682+(e) C
5683+ONGRESSIONALOVERSIGHT.— 23
5684+(1) I
5685+N GENERAL.—Not later than 60 days after 24
5686+receiving a request from the chairman and ranking 25 205
5687+•HR 815 EAH
5688+member of one of the appropriate congressional com-1
5689+mittees with respect to whether a foreign person meets 2
5690+the criteria of a person described in subsection (d)(5), 3
5691+the President shall— 4
5692+(A) determine if the person meets such cri-5
5693+teria; and 6
5694+(B) submit an unclassified report, with a 7
5695+classified annex provided separately if needed, to 8
5696+such chairman and ranking member with respect 9
5697+to such determination that includes a statement 10
5698+of whether or not the President imposed or in-11
5699+tends to impose sanctions with respect to the per-12
5700+son pursuant to any sanctions program or au-13
5701+thority listed in subsection (c)(2). 14
5702+(2) A
5703+PPROPRIATE CONGRESSIONAL COMMITTEES 15
5704+DEFINED.—In this subsection, the term ‘‘appropriate 16
5705+congressional committees’’ means— 17
5706+(A) the Committee on Foreign Affairs, and 18
5707+the Committee on Financial Services of the 19
5708+House of Representatives; and 20
5709+(B) the Committee on Foreign Relations 21
5710+and the Committee on Banking, Housing, and 22
5711+Urban Affairs of the Senate. 23 206
5712+•HR 815 EAH
5713+SEC. 3. SEVERABILITY. 1
5714+If any provision of this division, or the application 2
5715+of such provision to any person or circumstance, is found 3
5716+to be unconstitutional, the remainder of this division, or 4
5717+the application of that provision to other persons or cir-5
5718+cumstances, shall not be affected. 6
5719+DIVISION M—HAMAS AND OTHER 7
5720+PALESTINIAN TERRORIST 8
5721+GROUPS INTERNATIONAL FI-9
5722+NANCING PREVENTION ACT 10
5723+SEC. 1. SHORT TITLE. 11
5724+This division may be cited as the ‘‘Hamas and Other 12
5725+Palestinian Terrorist Groups International Financing Pre-13
5726+vention Act’’. 14
5727+SEC. 2. STATEMENT OF POLICY. 15
5728+It shall be the policy of the United States— 16
5729+(1) to prevent Hamas, Palestinian Islamic 17
5730+Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 18
5731+any affiliate or successor thereof from accessing its 19
5732+international support networks; and 20
5733+(2) to oppose Hamas, the Palestinian Islamic 21
5734+Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 22
5735+any affiliate or successor thereof from using goods, in-23
5736+cluding medicine and dual use items, to smuggle 24
5737+weapons and other materials to further acts of ter-25
5738+rorism, including against Israel. 26 207
5739+•HR 815 EAH
5740+SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR-1
5741+EIGN PERSONS SUPPORTING ACTS OF TER-2
5742+RORISM OR ENGAGING IN SIGNIFICANT 3
5743+TRANSACTIONS WITH SENIOR MEMBERS OF 4
5744+HAMAS, PALESTINIAN ISLAMIC JIHAD AND 5
5745+OTHER PALESTINIAN TERRORIST ORGANIZA-6
5746+TIONS. 7
5747+(a) I
5748+NGENERAL.—Not later than 180 days after the 8
5749+date of enactment of this division, the President shall im-9
5750+pose the sanctions described in subsection (c) with respect 10
5751+to each foreign person that the President determines, on or 11
5752+after the date of the enactment of this division, engages in 12
5753+an activity described in subsection (b). 13
5754+(b) A
5755+CTIVITIESDESCRIBED.—A foreign person engages 14
5756+in an activity described in this subsection if the foreign per-15
5757+son knowingly— 16
5758+(1) assists in sponsoring or providing significant 17
5759+financial, material, or technological support for, or 18
5760+goods or other services to enable, acts of terrorism; or 19
5761+(2) engages, directly or indirectly, in a signifi-20
5762+cant transaction with— 21
5763+(A) a senior member of Hamas, Palestinian 22
5764+Islamic Jihad, Al-Aqsa Martyrs Brigade, the 23
5765+Lion’s Den, or any affiliate or successor thereof; 24
5766+or 25 208
5767+•HR 815 EAH
5768+(B) a senior member of a foreign terrorist 1
5769+organization designated pursuant to section 219 2
5770+of the Immigration and Nationality Act (8 3
5771+U.S.C. 1189) that is responsible for providing, 4
5772+directly or indirectly, support to Hamas, Pales-5
5773+tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 6
5774+the Lion’s Den, or any affiliate or successor 7
5775+thereof. 8
5776+(c) S
5777+ANCTIONSDESCRIBED.—The President shall exer-9
5778+cise all of the powers granted to the President under the 10
5779+International Emergency Economic Powers Act (50 U.S.C. 11
5780+1701 et seq.) to the extent necessary to block and prohibit 12
5781+all transactions in property and interests in property of 13
5782+a foreign person described in subsection (a) if such property 14
5783+and interests in property are in the United States, come 15
5784+within the United States, or are or come within the posses-16
5785+sion or control of a United States person. 17
5786+(d) P
5787+ENALTIES.—The penalties provided for in sub-18
5788+sections (b) and (c) of section 206 of the International 19
5789+Emergency Economic Powers Act (50 U.S.C. 1705) shall 20
5790+apply to a person that violates, attempts to violate, con-21
5791+spires to violate, or causes a violation of this section or any 22
5792+regulations promulgated to carry out this section to the 23
5793+same extent that such penalties apply to a person that com-24 209
5794+•HR 815 EAH
5795+mits an unlawful act described in section 206(a) of that 1
5796+Act. 2
5797+(e) I
5798+MPLEMENTATION; REGULATIONS.— 3
5799+(1) I
5800+N GENERAL.—The President may exercise 4
5801+all authorities provided under sections 203 and 205 5
5802+of the International Emergency Economic Powers Act 6
5803+(50 U.S.C. 1702 and 1704) for purposes of carrying 7
5804+out this section. 8
5805+(2) R
5806+EGULATIONS.—Not later than 60 days after 9
5807+the date of the enactment of this division, the Presi-10
5808+dent shall issue regulations or other guidance as may 11
5809+be necessary for the implementation of this section. 12
5810+(f) W
5811+AIVER.—The President may waive, on a case-by- 13
5812+case basis and for a period of not more than 180 days, the 14
5813+application of sanctions under this section with respect to 15
5814+a foreign person only if, not later than 15 days prior to 16
5815+the date on which the waiver is to take effect, the President 17
5816+submits to the appropriate congressional committees a writ-18
5817+ten determination and justification that the waiver is in 19
5818+the vital national security interests of the United States. 20
5819+(g) H
5820+UMANITARIANASSISTANCE.— 21
5821+(1) I
5822+N GENERAL.—Sanctions under this section 22
5823+shall not apply to— 23
5824+(A) the conduct or facilitation of a trans-24
5825+action for the provision of agricultural commod-25 210
5826+•HR 815 EAH
5827+ities, food, medicine, medical devices, or humani-1
5828+tarian assistance, or for humanitarian purposes; 2
5829+or 3
5830+(B) transactions that are necessary for or 4
5831+related to the activities described in subpara-5
5832+graph (A). 6
5833+(2) D
5834+EFINITIONS.—In this subsection: 7
5835+(A) A
5836+GRICULTURAL COMMODITY .—The term 8
5837+‘‘agricultural commodity’’ has the meaning given 9
5838+that term in section 102 of the Agricultural 10
5839+Trade Act of 1978 (7 U.S.C. 5602). 11
5840+(B) M
5841+EDICAL DEVICE.—The term ‘‘medical 12
5842+device’’ has the meaning given the term ‘‘device’’ 13
5843+in section 201 of the Federal Food, Drug, and 14
5844+Cosmetic Act (21 U.S.C. 321). 15
5845+(C) M
5846+EDICINE.—The term ‘‘medicine’’ has 16
5847+the meaning given the term ‘‘drug’’ in section 17
5848+201 of the Federal Food, Drug, and Cosmetic Act 18
5849+(21 U.S.C. 321). 19
5850+(h) R
5851+ULE OFCONSTRUCTION.—The authority to im-20
5852+pose sanctions under this section with respect to a foreign 21
5853+person is in addition to the authority to impose sanctions 22
5854+under any other provision of law with respect to a foreign 23
5855+person that directly or indirectly supports acts of inter-24
5856+national terrorism. 25 211
5857+•HR 815 EAH
5858+SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOR-1
5859+EIGN STATES PROVIDING SUPPORT TO 2
5860+HAMAS, PALESTINIAN ISLAMIC JIHAD AND 3
5861+OTHER PALESTINIAN TERRORIST ORGANIZA-4
5862+TIONS. 5
5863+(a) I
5864+NGENERAL.—Not later than 180 days after the 6
5865+date of enactment of this division, the President shall im-7
5866+pose the measures described in subsection (c) with respect 8
5867+to a foreign state if the President determines that the foreign 9
5868+state, on or after the date of the enactment of this division, 10
5869+engages in an activity described in subsection (b). 11
5870+(b) A
5871+CTIVITIESDESCRIBED.—A foreign state engages 12
5872+in an activity described in this subsection if the foreign 13
5873+state knowingly— 14
5874+(1) provides significant material or financial 15
5875+support for acts of international terrorism, pursuant 16
5876+to— 17
5877+(A) section 1754(c) of the Export Control 18
5878+Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)); 19
5879+(B) section 620A of the Foreign Assistance 20
5880+Act of 1961 (22 U.S.C. 2371); 21
5881+(C) section 40 of the Arms Export Control 22
5882+Act (22 U.S.C. 2780); or 23
5883+(D) any other provision of law; 24
5884+(2) provides significant material support to 25
5885+Hamas, the Palestinian Islamic Jihad, Al-Aqsa Mar-26 212
5886+•HR 815 EAH
5887+tyrs Brigade, the Lion’s Den, or any affiliate or suc-1
5888+cessor thereof; or 2
5889+(3) engages in a significant transaction that ma-3
5890+terially contributes, directly or indirectly, to the ter-4
5891+rorist activities of Hamas, the Palestinian Islamic 5
5892+Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 6
5893+any affiliate or successor thereof. 7
5894+(c) M
5895+EASURESDESCRIBED.—The measures described 8
5896+in this subsection with respect to a foreign state are the 9
5897+following: 10
5898+(1) The President shall suspend, for a period of 11
5899+at least 1 year, United States assistance to the foreign 12
5900+state. 13
5901+(2) The Secretary of the Treasury shall instruct 14
5902+the United States Executive Director to each appro-15
5903+priate international financial institution to oppose, 16
5904+and vote against, for a period of 1 year, the extension 17
5905+by such institution of any loan or financial or tech-18
5906+nical assistance to the government of the foreign state. 19
5907+(3) The President shall prohibit the export of 20
5908+any item on the United States Munitions List (estab-21
5909+lished pursuant to section 38 of the Arms Export 22
5910+Control Act (22 U.S.C. 2778)) or the Commerce Con-23
5911+trol List set forth in Supplement No. 1 to part 774 24 213
5912+•HR 815 EAH
5913+of title 15, Code of Federal Regulations, to the foreign 1
5914+state for a period of 1 year. 2
5915+(d) P
5916+ENALTIES.—The penalties provided for in sub-3
5917+sections (b) and (c) of section 206 of the International 4
5918+Emergency Economic Powers Act (50 U.S.C. 1705) shall 5
5919+apply to a person that violates, attempts to violate, con-6
5920+spires to violate, or causes a violation of this section or any 7
5921+regulations promulgated to carry out this section to the 8
5922+same extent that such penalties apply to a person that com-9
5923+mits an unlawful act described in section 206(a) of that 10
5924+Act. 11
5925+(e) W
5926+AIVER.—The President may waive, on a case-by- 12
5927+case basis and for a period of not more than 180 days, the 13
5928+application of measures under this section with respect to 14
5929+a foreign state only if, not later than 15 days prior to the 15
5930+date on which the waiver is to take effect, the President sub-16
5931+mits to the appropriate congressional committees a written 17
5932+determination and justification that the waiver is in the 18
5933+vital national security interests of the United States. 19
5934+(f) I
5935+MPLEMENTATION; REGULATIONS.— 20
5936+(1) I
5937+N GENERAL.—The President may exercise 21
5938+all authorities provided under sections 203 and 205 22
5939+of the International Emergency Economic Powers Act 23
5940+(50 U.S.C. 1702 and 1704) for purposes of carrying 24
5941+out this section. 25 214
5942+•HR 815 EAH
5943+(2) REGULATIONS.—Not later than 60 days after 1
5944+the date of the enactment of this division, the Presi-2
5945+dent shall issue regulations or other guidance as may 3
5946+be necessary for the implementation of this section. 4
5947+(g) A
5948+DDITIONALEXEMPTIONS.— 5
28845949 (1) S
2885-EIZURE OF RUSSIAN AGGRESSOR STATE SOVEREIGN
2886-ASSETS.—On and after the date that is 30 days after the Presi-
2887-dent submits to the appropriate congressional committees the
2888-certification described in subsection (c), the President may seize,
2889-confiscate, transfer, or vest any Russian aggressor state sov-
2890-ereign assets, in whole or in part, and including any interest
2891-or interests in such assets, subject to the jurisdiction of the
2892-United States for the purpose of transferring those funds to
2893-the Ukraine Support Fund established under subsection (d).
2894-(2) V
2895-ESTING.—For funds confiscated under paragraph (1),
2896-all right, title, and interest shall vest in the United States
2897-Government, provided that no use of those funds other than
2898-the use of those funds consistent with subsection (f) shall be
2899-permitted.
2900-(3) L
2901-IQUIDATION AND DEPOSIT .—The President shall—
2902-(A) deposit any funds seized, transferred, or confiscated
2903-under paragraph (1) into the Ukraine Support Fund estab-
2904-lished under subsection (d);
2905-(B) liquidate or sell any other property seized, trans-
2906-ferred, or confiscated under paragraph (1) and deposit the
2907-funds resulting from such liquidation or sale into the
2908-Ukraine Support Fund; and
2909-(C) make all such funds available for the purposes
2910-described in subsection (f).
2911-(4) M
2912-ETHOD OF SEIZURE , TRANSFER, OR CONFISCATION .—
2913-The President may seize, transfer, confiscate or vest Russian
2914-aggressor state sovereign assets under paragraph (1) through
2915-instructions or licenses or in such other manner as the Presi-
2916-dent determines appropriate. H. R. 815—54
5950+TATUS OF FORCES AGREEMENTS .—The 6
5951+President may exempt the application of measures 7
5952+under this section with respect to a foreign state if the 8
5953+application of such measures would prevent the 9
5954+United States from meeting the terms of any status 10
5955+of forces agreement to which the United States is a 11
5956+party or meeting other obligations relating to the bas-12
5957+ing of United States service members. 13
5958+(2) A
5959+UTHORIZED INTELLIGENCE ACTIVITIES .— 14
5960+Measures under this section shall not apply with re-15
5961+spect to any activity subject to the reporting require-16
5962+ments under title V of the National Security Act of 17
5963+1947 (50 U.S.C. 3091 et seq.) or any authorized intel-18
5964+ligence activities of the United States. 19
5965+(3) H
5966+UMANITARIAN ASSISTANCE.— 20
5967+(A) I
5968+N GENERAL.—Measures under this sec-21
5969+tion shall not apply to— 22
5970+(i) the conduct or facilitation of a 23
5971+transaction for the provision of agricultural 24
5972+commodities, food, medicine, medical de-25 215
5973+•HR 815 EAH
5974+vices, or humanitarian assistance, or for 1
5975+humanitarian purposes; or 2
5976+(ii) transactions that are necessary for 3
5977+or related to the activities described in 4
5978+clause (i). 5
5979+(B) D
5980+EFINITIONS.—In this subsection: 6
5981+(i) A
5982+GRICULTURAL COMMODITY .—The 7
5983+term ‘‘agricultural commodity’’ has the 8
5984+meaning given that term in section 102 of 9
5985+the Agricultural Trade Act of 1978 (7 10
5986+U.S.C. 5602). 11
5987+(ii) M
5988+EDICAL DEVICE.—The term 12
5989+‘‘medical device’’ has the meaning given the 13
5990+term ‘‘device’’ in section 201 of the Federal 14
5991+Food, Drug, and Cosmetic Act (21 U.S.C. 15
5992+321). 16
5993+(iii) M
5994+EDICINE.—The term ‘‘medicine’’ 17
5995+has the meaning given the term ‘‘drug’’ in 18
5996+section 201 of the Federal Food, Drug, and 19
5997+Cosmetic Act (21 U.S.C. 321). 20
5998+(h) R
5999+ULE OFCONSTRUCTION.—The authority to im-21
6000+pose measures under this section with respect to a foreign 22
6001+state is in addition to the authority to impose measures 23
6002+under any other provision of law with respect to foreign 24 216
6003+•HR 815 EAH
6004+states that directly or indirectly support acts of inter-1
6005+national terrorism. 2
6006+SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL 3
6007+FUNDRAISING, FINANCING, AND MONEY 4
6008+LAUNDERING ACTIVITIES OF HAMAS, PALES-5
6009+TINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS 6
6010+BRIGADE, THE LION’S DEN OR ANY AFFILIATE 7
6011+OR SUCCESSOR THEREOF. 8
6012+(a) I
6013+NGENERAL.—Not later than 90 days after the 9
6014+date of enactment of this division, and every 180 days there-10
6015+after, the President shall submit to the appropriate congres-11
6016+sional committees a report that includes— 12
6017+(1) an assessment of the disposition of the assets 13
6018+and activities of Hamas, the Palestinian Islamic 14
6019+Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or 15
6020+any affiliate or successor thereof related to fund-16
6021+raising, financing, and money laundering worldwide; 17
6022+(2) a list of foreign states that knowingly pro-18
6023+viding material, financial, or technical support for, 19
6024+or goods or services to Hamas, the Palestinian Is-20
6025+lamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s 21
6026+Den, or any affiliate or successor thereof; 22
6027+(3) a list of foreign states in which Hamas, the 23
6028+Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 24
6029+the Lion’s Den, or any affiliate or successor thereof 25 217
6030+•HR 815 EAH
6031+conducts significant fundraising, financing, or money 1
6032+laundering activities; 2
6033+(4) a list of foreign states from which Hamas, 3
6034+the Palestinian Islamic Jihad, Al-Aqsa Martyrs Bri-4
6035+gade, the Lion’s Den, or any affiliate or successor 5
6036+thereof knowingly engaged in the transfer of surveil-6
6037+lance equipment, electronic monitoring equipment, or 7
6038+other means to inhibit communication or the free flow 8
6039+of information in Gaza; and 9
6040+(5) with respect to each foreign state listed in 10
6041+paragraph (2), (3), or (4)— 11
6042+(A) a description of the steps the foreign 12
6043+state identified is taking adequate measures to 13
6044+restrict financial flows to Hamas, the Pales-14
6045+tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, 15
6046+the Lion’s Den, or any affiliates or successors 16
6047+thereof; and 17
6048+(B) in the case of a foreign state failing to 18
6049+take adequate measures to restrict financial flows 19
6050+to Hamas, Palestinian Islamic Jihad, Al-Aqsa 20
6051+Martyrs Brigade, the Lion’s Den or any other 21
6052+designated entity engaged in significant act of 22
6053+terrorism threatening the peace and security of 23
6054+Israel— 24 218
6055+•HR 815 EAH
6056+(i) an assessment of the reasons that 1
6057+government is not taking adequate measures 2
6058+to restrict financial flows to those entities; 3
6059+and 4
6060+(ii) a description of measures being 5
6061+taken by the United States Government to 6
6062+encourage the foreign state to restrict finan-7
6063+cial flows to those entities; and 8
6064+(b) F
6065+ORM.—Each report required by subsection (a) 9
6066+shall be submitted in unclassified form to the greatest extent 10
6067+possible, and may contain a classified annex. 11
6068+SEC. 6. TERMINATION. 12
6069+This division shall terminate on the earlier of— 13
6070+(1) the date that is 7 years after the date of the 14
6071+enactment of this division; or 15
6072+(2) the date that is 30 days after the date on 16
6073+which the President certifies to the appropriate con-17
6074+gressional committees that— 18
6075+(A) Hamas or any successor or affiliate 19
6076+thereof is no longer designated as a foreign ter-20
6077+rorist organization pursuant to section 219 of 21
6078+the Immigration and Nationality Act (8 U.S.C. 22
6079+1189); 23
6080+(B) Hamas, the Palestinian Islamic Jihad, 24
6081+Al-Aqsa Martyrs Brigade, the Lion’s Den, and 25 219
6082+•HR 815 EAH
6083+any successor or affiliate thereof are no longer 1
6084+subject to sanctions pursuant to— 2
6085+(i) Executive Order No. 12947 (Janu-3
6086+ary 23, 1995; relating to prohibiting trans-4
6087+actions with terrorists who threaten to dis-5
6088+rupt the Middle East peace process); and 6
6089+(ii) Executive Order No. 13224 (Sep-7
6090+tember 23, 2001; relating to blocking prop-8
6091+erty and prohibiting transactions with per-9
6092+sons who commit, threaten to commit, or 10
6093+support terrorism); and 11
6094+(C) Hamas, the Palestinian Islamic Jihad, 12
6095+Al-Aqsa Martyrs Brigade, the Lion’s Den, and 13
6096+any successor or affiliate thereof meet the criteria 14
6097+described in paragraphs (1) through (4) of sec-15
6098+tion 9 of the Palestinian Anti-Terrorism Act of 16
6099+2006 (22 U.S.C. 2378b note). 17
6100+SEC. 7. DEFINITIONS. 18
6101+In this division: 19
6102+(1) A
6103+CT OF TERRORISM.—The term ‘‘act of ter-20
6104+rorism’’ means an activity that— 21
6105+(A) involves a violent act or an act dan-22
6106+gerous to human life, property, or infrastructure; 23
6107+and 24
6108+(B) appears to be intended to— 25 220
6109+•HR 815 EAH
6110+(i) intimidate or coerce a civilian pop-1
6111+ulation; 2
6112+(ii) influence the policy of a govern-3
6113+ment by intimidation or coercion; or 4
6114+(iii) affect the conduct of a government 5
6115+by mass destruction, assassination, kidnap-6
6116+ping, or hostage-taking. 7
6117+(2) A
6118+DMITTED.—The term ‘‘admitted’’ has the 8
6119+meaning given such term in section 101(a)(13)(A) of 9
6120+the Immigration and Nationality Act (8 U.S.C. 10
6121+1101(a)(13)(A)). 11
6122+(3) A
6123+PPROPRIATE CONGRESSIONAL COMMIT -12
6124+TEES.—The term ‘‘appropriate congressional commit-13
6125+tees’’ means— 14
6126+(A) the Committee on Foreign Affairs and 15
6127+the Committee on Financial Services of the 16
6128+House of Representatives; and 17
6129+(B) the Committee on Foreign Relations 18
6130+and the Committee on Banking, Housing, and 19
6131+Urban Affairs of the Senate. 20
6132+(4) F
6133+OREIGN STATE.—The term ‘‘foreign state’’ 21
6134+has the meaning given such term in section 1603 of 22
6135+title 28, United States Code. 23 221
6136+•HR 815 EAH
6137+(5) HUMANITARIAN AID.—The term ‘‘humani-1
6138+tarian aid’’ means food, medicine, and medical sup-2
6139+plies. 3
6140+(6) M
6141+ATERIAL SUPPORT.—The term ‘‘material 4
6142+support’’ has the meaning given the term ‘‘material 5
6143+support or resources’’ in section 2339A of title 18, 6
6144+United States Code. 7
6145+(7) U
6146+NITED STATES PERSON.—The term ‘‘United 8
6147+States person’’ means— 9
6148+(A) a United States citizen or an alien law-10
6149+fully admitted for permanent residence to the 11
6150+United States; or 12
6151+(B) an entity organized under the laws of 13
6152+the United States or of any jurisdiction within 14
6153+the United States, including a foreign branch of 15
6154+such an entity. 16
6155+DIVISION N—NO TECHNOLOGY 17
6156+FOR TERROR ACT 18
6157+SEC. 1. SHORT TITLE. 19
6158+This division may be cited as the ‘‘No Technology for 20
6159+Terror Act’’. 21
6160+SEC. 2. APPLICATION OF FOREIGN-DIRECT PRODUCT 22
6161+RULES TO IRAN. 23
6162+(a) I
6163+NGENERAL.—Beginning on the date that is 90 24
6164+days after the date of the enactment of this division, a for-25 222
6165+•HR 815 EAH
6166+eign-produced item shall be subject to the Export Adminis-1
6167+tration Regulations (pursuant to the Export Control Re-2
6168+form Act of 2018 (50 U.S.C. 4801 et seq.)) if the item— 3
6169+(1) meets— 4
6170+(A) the product scope requirements de-5
6171+scribed in subsection (b); and 6
6172+(B) the destination scope requirements de-7
6173+scribed in subsection (c); and 8
6174+(2) is exported, reexported, or in-country trans-9
6175+ferred to Iran from abroad or involves the Govern-10
6176+ment of Iran. 11
6177+(b) P
6178+RODUCTSCOPEREQUIREMENTS.—A foreign-pro-12
6179+duced item meets the product scope requirements of this sub-13
6180+section if the item— 14
6181+(1) is a direct product of United States-origin 15
6182+technology or software subject to the Export Adminis-16
6183+tration Regulations that is specified in a covered Ex-17
6184+port Control Classification Number or is identified in 18
6185+supplement no. 7 to part 746 of the Export Adminis-19
6186+tration Regulations; or 20
6187+(2) is produced by any plant or major compo-21
6188+nent of a plant that is located outside the United 22
6189+States, if the plant or major component of a plant, 23
6190+whether made in the United States or a foreign coun-24
6191+try, itself is a direct product of United States-origin 25 223
6192+•HR 815 EAH
6193+technology or software subject to the Export Adminis-1
6194+tration Regulations that is specified in a covered Ex-2
6195+port Control Classification Number. 3
6196+(c) D
6197+ESTINATIONSCOPEREQUIREMENTS.—A foreign- 4
6198+produced item meets the destination scope requirements of 5
6199+this subsection if there is knowledge that the foreign-pro-6
6200+duced item is destined to Iran or will be incorporated into 7
6201+or used in the production or development of any part, com-8
6202+ponent, or equipment subject to the Export Administration 9
6203+Regulations and produced in or destined to Iran. 10
6204+(d) L
6205+ICENSEREQUIREMENTS.— 11
6206+(1) I
6207+N GENERAL.—A license shall be required to 12
6208+export, reexport, or in-country transfer a foreign-pro-13
6209+duced item from abroad that meets the product scope 14
6210+requirements described in subsection (b) and the des-15
6211+tination scope requirements described in subsection 16
6212+(c) and is subject to the Export Administration Regu-17
6213+lations pursuant to this section. 18
6214+(2) E
6215+XCEPTIONS.—The license requirements of 19
6216+paragraph (1) shall not apply to— 20
6217+(A) food, medicine, or medical devices that 21
6218+are— 22
6219+(i) designated as EAR99; or 23
6220+(ii) not designated under or listed on 24
6221+the Commerce Control List; or 25 224
6222+•HR 815 EAH
6223+(B) services, software, or hardware (other 1
6224+than services, software, or hardware for end-users 2
6225+owned or controlled by the Government of Iran) 3
6226+that are— 4
6227+(i) necessarily and ordinarily incident 5
6228+to communications; or 6
6229+(ii) designated as— 7
6230+(I) EAR99; or 8
6231+(II) Export Control Classification 9
6232+Number 5A992.c or 5D992.c, and clas-10
6233+sified in accordance with section 11
6234+740.17 of title 15 Code of Federal Reg-12
6235+ulations; and 13
6236+(iii) subject to a general license issued 14
6237+by the Department of Commerce or Depart-15
6238+ment of Treasury. 16
6239+(e) N
6240+ATIONALINTERESTWAIVER.—The Secretary of 17
6241+Commerce may waive the requirements imposed under this 18
6242+section if the Secretary— 19
6243+(1) determines that the waiver is in the national 20
6244+interests of the United States; and 21
6245+(2) submits to the Committee on Foreign Affairs 22
6246+and the Committee on Financial Services of the 23
6247+House of Representatives and to the Committee on 24
6248+Foreign Relations and the Committee on Banking, 25 225
6249+•HR 815 EAH
6250+Housing, and Urban Affairs of the Senate a report 1
6251+explaining which requirements are being waived and 2
6252+the reasons for the waiver. 3
6253+(f) S
6254+UNSET.—The authority provided under this sec-4
6255+tion shall terminate on the date that is 7 years after the 5
6256+date of the enactment of this division. 6
6257+(g) D
6258+EFINITIONS.—In this section— 7
6259+(1) the term ‘‘Commerce Control List’’ means the 8
6260+list maintained pursuant to part 744 of the Export 9
6261+Administration Regulations; 10
6262+(2) the term ‘‘covered Export Control Classifica-11
6263+tion Number’’ means an Export Control Classifica-12
6264+tion Number in product group D or E of Category 3, 13
6265+4, 5, 6, 7, 8, or 9 of the Commerce Control List; 14
6266+(3) the terms ‘‘Export Administration Regula-15
6267+tions’’, ‘‘export’’, ‘‘reexport’’, and ‘‘in-country trans-16
6268+fer’’ have the meanings given those terms in section 17
6269+1742 of the Export Control Reform Act of 2018 (50 18
6270+U.S.C. 4801); and 19
6271+(4) the terms ‘‘direct product’’, ‘‘technology’’, 20
6272+‘‘software’’, ‘‘major component’’, ‘‘knowledge’’, ‘‘pro-21
6273+duction’’, ‘‘development’’, ‘‘part’’, ‘‘component’’, 22
6274+‘‘equipment’’, and ‘‘government end users’’ have the 23
6275+meanings given those terms in section 734.9 or part 24 226
6276+•HR 815 EAH
6277+772 of the Export Administration Regulations, as the 1
6278+case may be. 2
6279+DIVISION O—STRENGTHENING 3
6280+TOOLS TO COUNTER THE USE 4
6281+OF HUMAN SHIELDS ACT 5
6282+SEC. 1. SHORT TITLE. 6
6283+This division may be cited as the ‘‘Strengthening Tools 7
6284+to Counter the Use of Human Shields Act’’. 8
6285+SEC. 2. STATEMENT OF POLICY. 9
6286+It shall be the policy of the United States to fully im-10
6287+plement and enforce sanctions against terrorist organiza-11
6288+tions and other malign actors that use innocent civilians 12
6289+as human shields. 13
6290+SEC. 3. MODIFICATION AND EXTENSION OF SANCTIONING 14
6291+THE USE OF CIVILIANS AS DEFENSELESS 15
6292+SHIELDS ACT. 16
6293+(a) I
6294+NGENERAL.—Section 3 of the Sanctioning the 17
6295+Use of Civilians as Defenseless Shields Act (Public Law 18
6296+115–348; 50 U.S.C. 1701 note) is amended— 19
6297+(1) in subsection (b)— 20
6298+(A) by redesignating paragraph (3) as 21
6299+paragraph (4); and 22
6300+(B) by inserting after paragraph (2) the fol-23
6301+lowing: 24 227
6302+•HR 815 EAH
6303+‘‘(3) Each foreign person that the President de-1
6304+termines, on or after the date of the enactment of the 2
6305+Strengthening Tools to Counter the Use of Human 3
6306+Shields Act— 4
6307+‘‘(A) is a member of Palestine Islamic 5
6308+Jihad or is knowingly acting on behalf of Pal-6
6309+estine Islamic Jihad; and 7
6310+‘‘(B) knowingly orders, controls, or other-8
6311+wise directs the use of civilians protected as such 9
6312+by the law of war to shield military objectives 10
6313+from attack.’’; 11
6314+(2) by redesignating subsections (e), (f), (g), (h), 12
6315+and (i) as subsections (f), (g), (h), (i), and (j), respec-13
6316+tively; and 14
6317+(3) by inserting after subsection (d) the fol-15
6318+lowing: 16
6319+‘‘(e) C
6320+ONGRESSIONALREQUESTS.—Not later than 120 17
6321+days after receiving a request from the chairman and rank-18
6322+ing member of one of the appropriate congressional commit-19
6323+tees with respect to whether a foreign person meets the cri-20
6324+teria of a person described in subsection (b) or (c), the 21
6325+President shall— 22
6326+‘‘(1) determine if the person meets such criteria; 23
6327+and 24 228
6328+•HR 815 EAH
6329+‘‘(2) submit a written justification to the chair-1
6330+man and ranking member detailing whether or not 2
6331+the President imposed or intends to impose sanctions 3
6332+described in subsection (b) or (c) with respect to such 4
6333+person.’’. 5
6334+(b) D
6335+EFINITIONS.—Section 4 of the Sanctioning the 6
6336+Use of Civilians as Defenseless Shields Act (Public Law 7
6337+115–348; 50 U.S.C. 1701 note) is amended— 8
6338+(1) by redesignating paragraph (7) as para-9
6339+graph (8); and 10
6340+(2) by inserting after paragraph (6) the fol-11
6341+lowing: 12
6342+‘‘(7) P
6343+ALESTINE ISLAMIC JIHAD .—The term 13
6344+‘Palestine Islamic Jihad’ means— 14
6345+‘‘(A) the entity known as Palestine Islamic 15
6346+Jihad and designated by the Secretary of State 16
6347+as a foreign terrorist organization pursuant to 17
6348+section 219 of the Immigration and Nationality 18
6349+Act (8 U.S.C. 1189); or 19
6350+‘‘(B) any person identified as an agent or 20
6351+instrumentality of Palestine Islamic Jihad on 21
6352+the list of specially designated nationals and 22
6353+blocked persons maintained by the Office of For-23
6354+eign Asset Control of the Department of the 24
6355+Treasury, the property or interests in property of 25 229
6356+•HR 815 EAH
6357+which are blocked pursuant to the International 1
6358+Emergency Economic Powers Act (50 U.S.C. 2
6359+1701 et seq.).’’. 3
6360+(c) S
6361+UNSET.—Section 5 of the Sanctioning the Use of 4
6362+Civilians as Defenseless Shields Act (Public Law 115–348; 5
6363+50 U.S.C. 1701 note) is amended by striking ‘‘December 6
6364+31, 2023’’ and inserting ‘‘December 31, 2030’’. 7
6365+(d) S
6366+EVERABILITY.—The Sanctioning the Use of Civil-8
6367+ians as Defenseless Shields Act (Public Law 115–348; 50 9
6368+U.S.C. 1701 note) is amended by adding at the end the fol-10
6369+lowing: 11
6370+‘‘SEC. 6. SEVERABILITY. 12
6371+‘‘If any provision of this Act, or the application of such 13
6372+provision to any person or circumstance, is found to be un-14
6373+constitutional, the remainder of this Act, or the application 15
6374+of that provision to other persons or circumstances, shall 16
6375+not be affected.’’. 17
6376+SEC. 4. REPORT ON COUNTERING THE USE OF HUMAN 18
6377+SHIELDS. 19
6378+(a) I
6379+NGENERAL.—Not later than 120 days after the 20
6380+date of the enactment of this division, the Secretary of De-21
6381+fense shall submit to the congressional defense committees, 22
6382+the Committee on Foreign Affairs of the House of Represent-23
6383+atives, and the Committee on Foreign Relations of the Sen-24
6384+ate a report that contains the following: 25 230
6385+•HR 815 EAH
6386+(1) A description of the lessons learned from the 1
6387+United States and its allies and partners in address-2
6388+ing the use of human shields by terrorist organiza-3
6389+tions such as Hamas, Hezbollah, Palestine Islamic 4
6390+Jihad, and any other organization as determined by 5
6391+the Secretary of Defense. 6
6392+(2) A description of a specific plan and actions 7
6393+being taken by the Department of Defense to incor-8
6394+porate the lessons learned as identified in paragraph 9
6395+(1) into Department of Defense operating guidance, 10
6396+relevant capabilities, and tactics, techniques, and pro-11
6397+cedures to deter, counter, and address the challenge 12
6398+posed by the use of human shields and hold account-13
6399+able terrorist organizations for the use of human 14
6400+shields. 15
6401+(3) A description of specific measures being de-16
6402+veloped and implemented by the United States Gov-17
6403+ernment to mobilize and leverage allied nations, in-18
6404+cluding member nations of the North Atlantic Treaty 19
6405+Organization (NATO), to deter, counter, and hold ac-20
6406+countable terrorist organizations for the use of human 21
6407+shields. 22
6408+(4) The current status of joint exercises, doctrine 23
6409+development, education, and training on countering 24 231
6410+•HR 815 EAH
6411+the use of human shields in multinational centers of 1
6412+excellence. 2
6413+(5) The current status of participation of mem-3
6414+bers of the Armed Forces and Department of Defense 4
6415+civilian personnel in any multinational center of ex-5
6416+cellence for the purposes of countering the use of 6
6417+human shields. 7
6418+(6) The feasibility and advisability of beginning 8
6419+or continuing participation of members of the Armed 9
6420+Forces and Department of Defense civilian personnel 10
6421+to promote the integration of joint exercises, doctrine 11
6422+development, education, and training on countering 12
6423+the use of human shields into multinational centers of 13
6424+excellence. 14
6425+(b) D
6426+EFINITION.—In this section, the term ‘‘multi-15
6427+national center of excellence’’ has the meaning given that 16
6428+term in section 344 of title 10, United States Code. 17
6429+SEC. 5. CONFRONTING ASYMMETRIC AND MALICIOUS 18
6430+CYBER ACTIVITIES. 19
6431+(a) I
6432+NGENERAL.—On and after the date that is 180 20
6433+days after the date of the enactment of this division, the 21
6434+President may impose the sanctions described in subsection 22
6435+(b) with respect to any foreign person that the Secretary 23
6436+of the Treasury, in consultation with the Attorney General 24 232
6437+•HR 815 EAH
6438+and the Secretary of State determine, on or after such date 1
6439+of enactment— 2
6440+(1) is responsible for or complicit in, or has en-3
6441+gaged knowingly in, significant cyber-enabled activi-4
6442+ties originating from, or directed by persons located, 5
6443+in whole or in substantial part, outside the United 6
6444+States that are reasonably likely to result in, or have 7
6445+materially contributed to, a significant threat to the 8
6446+national security, foreign policy, or economic health 9
6447+or financial stability of the United States; 10
6448+(2) materially assisted, sponsored, or provided fi-11
6449+nancial, material, or technological support for, or 12
6450+goods or services to or in support of, any activity de-13
6451+scribed in this subsection or any person whose prop-14
6452+erty and interests in property are blocked pursuant to 15
6453+this section; 16
6454+(3) is owned or controlled by, or has acted or 17
6455+purported to act for or on behalf of, directly or indi-18
6456+rectly, any person whose property and interests in 19
6457+property are blocked pursuant to this section; or 20
6458+(4) has attempted to engage in any of the activi-21
6459+ties described in paragraph (1), (2), or (3). 22
6460+(b) S
6461+ANCTIONSDESCRIBED.—The sanctions described 23
6462+in this subsection are the following: 24 233
6463+•HR 815 EAH
6464+(1) INADMISSIBILITY TO UNITED STATES .—In 1
6465+the case of an alien— 2
6466+(A) ineligibility to receive a visa to enter 3
6467+the United States or to be admitted to the United 4
6468+States; or 5
6469+(B) if the individual has been issued a visa 6
6470+or other documentation, revocation, in accord-7
6471+ance with section 221(i) of the Immigration and 8
6472+Nationality Act (8 U.S.C. 1201(i)), of the visa or 9
6473+other documentation. 10
6474+(2) B
6475+LOCKING OF PROPERTY .—The blocking, in 11
6476+accordance with the International Emergency Eco-12
6477+nomic Powers Act (50 U.S.C. 1701 et seq.), of all 13
6478+transactions in all property and interests in property 14
6479+of a foreign person if such property and interests in 15
6480+property are in the United States, come within the 16
6481+United States, or are or come within the possession 17
6482+or control of a United States person. 18
6483+(c) R
6484+EQUESTS BY APPROPRIATECONGRESSIONAL 19
6485+C
6486+OMMITTEES.— 20
6487+(1) I
6488+N GENERAL.—Not later than 120 days after 21
6489+receiving a request that meets the requirements of 22
6490+paragraph (2) with respect to whether a foreign per-23
6491+son has engaged in an activity described in subsection 24
6492+(a), the Secretary of the Treasury, in consultation 25 234
6493+•HR 815 EAH
6494+with the Attorney General and the Secretary of State 1
6495+shall— 2
6496+(A) determine if that person has engaged in 3
6497+such an activity; and 4
6498+(B) submit a classified or unclassified re-5
6499+port to the chairperson and ranking member of 6
6500+the committee or committees that submitted the 7
6501+request with respect to that determination that 8
6502+includes— 9
6503+(i) a statement of whether or not the 10
6504+Secretary of the Treasury, in consultation 11
6505+with the Attorney General and the Sec-12
6506+retary of State imposed or intends to im-13
6507+pose sanctions with respect to the person; 14
6508+(ii) if the President imposed or intends 15
6509+to impose sanctions, a description of those 16
6510+sanctions; and 17
6511+(iii) if the President does not intend to 18
6512+impose sanctions, a description of actions 19
6513+that meet the threshold for the President to 20
6514+impose sanctions. 21
6515+(2) R
6516+EQUIREMENTS.—A request under para-22
6517+graph (1) with respect to whether a foreign person has 23
6518+engaged in an activity described in subsection (a) 24
6519+shall be submitted to the President in writing jointly 25 235
6520+•HR 815 EAH
6521+by the chairperson and ranking member of one of the 1
6522+appropriate congressional committees. 2
6523+(d) A
6524+PPROPRIATECONGRESSIONALCOMMITTEESDE-3
6525+FINED.—In this section, the term ‘‘appropriate congres-4
6526+sional committees’’ means— 5
6527+(1) the Committee on Foreign Affairs, the Com-6
6528+mittee on Financial Services, and the Committee on 7
6529+the Judiciary of the House of Representatives; and 8
6530+(2) the Committee on Foreign Relations, the 9
6531+Committee on the Judiciary, and the Committee on 10
6532+Banking, Housing, and Urban Affairs of the Senate. 11
6533+SEC. 6. SANCTIONS WITH RESPECT TO THREATS TO CUR-12
6534+RENT OR FORMER UNITED STATES OFFI-13
6535+CIALS. 14
6536+(a) I
6537+NGENERAL.—On and after the date that is 180 15
6538+days after the date of the enactment of this division, the 16
6539+President shall impose the sanctions described in subsection 17
6540+(b) with respect to any foreign person the President deter-18
6541+mines has, on or after such date of enactment, ordered, di-19
6542+rected, or taken material steps to carry out any use of vio-20
6543+lence or has attempted or threatened to use violence against 21
6544+any current or former official of the Government of the 22
6545+United States. 23
6546+(b) S
6547+ANCTIONSDESCRIBED.—The sanctions described 24
6548+in this subsection are the following: 25 236
6549+•HR 815 EAH
6550+(1) INADMISSIBILITY TO UNITED STATES .—In 1
6551+the case of a foreign person who is an individual— 2
6552+(A) ineligibility to receive a visa to enter 3
6553+the United States or to be admitted to the United 4
6554+States; or 5
6555+(B) if the individual has been issued a visa 6
6556+or other documentation, revocation, in accord-7
6557+ance with section 221(i) of the Immigration and 8
6558+Nationality Act (8 U.S.C. 1201(i)), of the visa or 9
6559+other documentation. 10
6560+(2) B
6561+LOCKING OF PROPERTY .—The blocking, in 11
6562+accordance with the International Emergency Eco-12
6563+nomic Powers Act (50 U.S.C. 1701 et seq.), of all 13
6564+transactions in all property and interests in property 14
6565+of a foreign person if such property and interests in 15
6566+property are in the United States, come within the 16
6567+United States, or are or come within the possession 17
6568+or control of a United States person. 18
6569+(c) E
6570+NFORCEMENT OF BLOCKING OFPROPERTY.—A 19
6571+person that violates, attempts to violate, conspires to vio-20
6572+late, or causes a violation of a sanction described in sub-21
6573+section (b)(2) that is imposed by the President or any regu-22
6574+lation, license, or order issued to carry out such a sanction 23
6575+shall be subject to the penalties set forth in subsections (b) 24
6576+and (c) of section 206 of the International Emergency Eco-25 237
6577+•HR 815 EAH
6578+nomic Powers Act (50 U.S.C. 1705) to the same extent as 1
6579+a person that commits an unlawful act described in sub-2
6580+section (a) of that section. 3
6581+(d) W
6582+AIVER.—The President may waive the applica-4
6583+tion of sanctions under this section for renewable periods 5
6584+not to exceed 180 days if the President— 6
6585+(1) determines that such a waiver is in the vital 7
6586+national security interests of the United States; and 8
6587+(2) not less than 15 days before the granting of 9
6588+the waiver, submits to the appropriate congressional 10
6589+committees a notice of and justification for the waiv-11
6590+er. 12
6591+(e) T
6592+ERMINATION ANDSUNSET.— 13
6593+(1) T
6594+ERMINATION OF SANCTIONS.—The President 14
6595+may terminate the application of sanctions under this 15
6596+section with respect to a person if the President deter-16
6597+mines and reports to the appropriate congressional 17
6598+committees not later than 15 days before the termi-18
6599+nation of the sanctions that— 19
6600+(A) credible information exists that the per-20
6601+son did not engage in the activity for which 21
6602+sanctions were imposed; 22
6603+(B) the person has credibly demonstrated a 23
6604+significant change in behavior, has paid an ap-24
6605+propriate consequence for the activity for which 25 238
6606+•HR 815 EAH
6607+sanctions were imposed, and has credibly com-1
6608+mitted to not engage in an activity described in 2
6609+subsection (a) in the future; or 3
6610+(C) the termination of the sanctions is in 4
6611+the vital national security interests of the United 5
6612+States. 6
6613+(2) S
6614+UNSET.—The requirement to impose sanc-7
6615+tions under this section shall terminate on the date 8
6616+that is 4 years after the date of the enactment of this 9
6617+division. 10
6618+(f) A
6619+PPROPRIATECONGRESSIONALCOMMITTEESDE-11
6620+FINED.—In this section, the term ‘‘appropriate congres-12
6621+sional committees’’ means— 13
6622+(1) the Committee on Foreign Affairs and the 14
6623+Committee on the Judiciary; and 15
6624+(2) the Committee on Foreign Relations and the 16
6625+Committee on the Judiciary. 17
6626+DIVISION P—ILLICIT CAPTAGON 18
6627+TRAFFICKING SUPPRESSION 19
6628+ACT 20
6629+SEC. 1. SHORT TITLE. 21
6630+This division may be cited as the ‘‘Illicit Captagon 22
6631+Trafficking Suppression Act of 2023’’. 23
6632+SEC. 2. FINDINGS. 24
6633+Congress finds the following: 25 239
6634+•HR 815 EAH
6635+(1) Industrial scale production of the amphet-1
6636+amine-type stimulant also known as captagon, and 2
6637+the illicit production of precursor chemicals, in terri-3
6638+tories held by the regime of President Bashar al Assad 4
6639+in Syria are becoming more sophisticated and pose a 5
6640+severe challenge to regional and international secu-6
6641+rity. 7
6642+(2) Elements of the Government of Syria are key 8
6643+drivers of illicit trafficking in captagon, with min-9
6644+isterial-level complicity in production and smuggling, 10
6645+using other armed groups such as Hizballah for tech-11
6646+nical and logistical support in captagon production 12
6647+and trafficking. 13
6648+(3) As affiliates of the Government of Syria and 14
6649+other actors seek to export captagon, they undermine 15
6650+regional security by empowering a broad range of 16
6651+criminal networks, militant groups, mafia syndicates, 17
6652+and autocratic governments. 18
6653+SEC. 3. STATEMENT OF POLICY. 19
6654+It is the policy of the United States to target individ-20
6655+uals, entities, and networks associated with the Government 21
6656+of Syria to dismantle and degrade the transnational crimi-22
6657+nal organizations, including narcotics trafficking networks, 23
6658+associated with the regime of President Bashar al Assad 24
6659+in Syria and Hizballah. 25 240
6660+•HR 815 EAH
6661+SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO IL-1
6662+LICIT CAPTAGON TRAFFICKING. 2
6663+(a) I
6664+NGENERAL.—The sanctions described in sub-3
6665+section (b) shall be imposed with respect to any foreign per-4
6666+son the President determines, on or after the date of enact-5
6667+ment of this division— 6
6668+(1) engages in, or attempts to engage in, activi-7
6669+ties or transactions that have materially contributed 8
6670+to, or pose a significant risk of materially contrib-9
6671+uting to, the illicit production and international il-10
6672+licit proliferation of captagon; or 11
6673+(2) knowingly receives any property or interest 12
6674+in property that the foreign person knows— 13
6675+(A) constitutes or is derived from proceeds 14
6676+of activities or transactions that have materially 15
6677+contributed to, or pose a significant risk of mate-16
6678+rially contributing to, the illicit production and 17
6679+international illicit proliferation of captagon; or 18
6680+(B) was used or intended to be used to com-19
6681+mit or to facilitate activities or transactions that 20
6682+have materially contributed to, or pose a signifi-21
6683+cant risk of materially contributing to, the illicit 22
6684+production and international illicit proliferation 23
6685+of captagon. 24
6686+(b) S
6687+ANCTIONSDESCRIBED.—The sanctions described 25
6688+in this subsection are the following: 26 241
6689+•HR 815 EAH
6690+(1) BLOCKING OF PROPERTY .—The President 1
6691+shall exercise all authorities granted under the Inter-2
6692+national Emergency Economic Powers Act (50 U.S.C. 3
6693+1701 et seq.) to the extent necessary to block and pro-4
6694+hibit all transactions in property and interests in 5
6695+property of the foreign person if such property and 6
6696+interests in property are in the United States, come 7
6697+within the United States, or come within the posses-8
6698+sion or control of a United States person. 9
6699+(2) I
6700+NELIGIBILITY FOR VISAS, ADMISSION, OR PA-10
6701+ROLE.— 11
6702+(A) V
6703+ISAS, ADMISSION, OR PAROLE.—An 12
6704+alien described in subsection (a) shall be— 13
6705+(i) inadmissible to the United States; 14
6706+(ii) ineligible to receive a visa or other 15
6707+documentation to enter the United States; 16
6708+and 17
6709+(iii) otherwise ineligible to be admitted 18
6710+or paroled into the United States or to re-19
6711+ceive any other benefit under the Immigra-20
6712+tion and Nationality Act (8 U.S.C. 1101 et 21
6713+seq.). 22
6714+(B) C
6715+URRENT VISAS REVOKED.— 23
6716+(i) I
6717+N GENERAL.—The visa or other 24
6718+entry documentation of any alien described 25 242
6719+•HR 815 EAH
6720+in subsection (a) is subject to revocation re-1
6721+gardless of the issue date of the visa or other 2
6722+entry documentation. 3
6723+(ii) I
6724+MMEDIATE EFFECT .—A revoca-4
6725+tion under clause (i) shall, in accordance 5
6726+with section 221(i) of the Immigration and 6
6727+Nationality Act (8 U.S.C. 1201(i))— 7
6728+(I) take effect immediately; and 8
6729+(II) cancel any other valid visa or 9
6730+entry documentation that is in the pos-10
6731+session of the alien. 11
6732+(c) P
6733+ENALTIES.—Any person that violates, or attempts 12
6734+to violate, subsection (b) or any regulation, license, or order 13
6735+issued pursuant to that subsection, shall be subject to the 14
6736+penalties set forth in subsections (b) and (c) of section 206 15
6737+of the International Emergency Economic Powers Act (50 16
6738+U.S.C. 1705) to the same extent as a person that commits 17
6739+an unlawful act described in subsection (a) of that section. 18
6740+(d) W
6741+AIVER.— 19
6742+(1) I
6743+N GENERAL.—The President may waive the 20
6744+application of sanctions under this section with re-21
6745+spect to a foreign person only if, not later than 15 22
6746+days prior to the date on which the waiver is to take 23
6747+effect, the President submits to the appropriate con-24
6748+gressional committees a written determination and 25 243
6749+•HR 815 EAH
6750+justification that the waiver is important to the na-1
6751+tional security interests of the United States. 2
6752+(2) B
6753+RIEFING.—Not later than 60 days after the 3
6754+issuance of a waiver under paragraph (1), and every 4
6755+180 days thereafter while the waiver remains in ef-5
6756+fect, the President shall brief the appropriate congres-6
6757+sional committees on the reasons for the waiver. 7
6758+(e) I
6759+MPLEMENTATION.—The President may exercise all 8
6760+authorities provided under sections 203 and 205 of the 9
6761+International Emergency Economic Powers Act (50 U.S.C. 10
6762+1702 and 1704) to carry out this section. 11
6763+(f) R
6764+EGULATIONS.— 12
6765+(1) I
6766+N GENERAL.—The President shall, not later 13
6767+than 120 days after the date of the enactment of this 14
6768+division, promulgate regulations as necessary for the 15
6769+implementation of this section. 16
6770+(2) N
6771+OTIFICATION TO CONGRESS .—Not later 17
6772+than 10 days before the promulgation of regulations 18
6773+under this subsection, the President shall notify the 19
6774+appropriate congressional committees of the proposed 20
6775+regulations and the provisions of this section that the 21
6776+regulations are implementing. 22
6777+(g) E
6778+XCEPTIONS.— 23
6779+(1) E
6780+XCEPTION FOR INTELLIGENCE ACTIVI -24
6781+TIES.—Sanctions under this section shall not apply 25 244
6782+•HR 815 EAH
6783+to any activity subject to the reporting requirements 1
6784+under title V of the National Security Act of 1947 (50 2
6785+U.S.C. 3091 et seq.) or any authorized intelligence ac-3
6786+tivities of the United States. 4
6787+(2) E
6788+XCEPTION TO COMPLY WITH INTER -5
6789+NATIONAL OBLIGATIONS AND FOR LAW ENFORCEMENT 6
6790+ACTIVITIES.—Sanctions under this section shall not 7
6791+apply with respect to an alien if admitting or parol-8
6792+ing the alien into the United States is necessary— 9
6793+(A) to permit the United States to comply 10
6794+with the Agreement regarding the Headquarters 11
6795+of the United Nations, signed at Lake Success 12
6796+June 26, 1947, and entered into force November 13
6797+21, 1947, between the United Nations and the 14
6798+United States, or other applicable international 15
6799+obligations; or 16
6800+(B) to carry out or assist authorized law 17
6801+enforcement activity in the United States. 18
6802+(3) H
6803+UMANITARIAN ASSISTANCE.— 19
6804+(A) I
6805+N GENERAL.—Sanctions under this di-20
6806+vision shall not apply to— 21
6807+(i) the conduct or facilitation of a 22
6808+transaction for the provision of agricultural 23
6809+commodities, food, medicine, medical de-24 245
6810+•HR 815 EAH
6811+vices, humanitarian assistance, or for hu-1
6812+manitarian purposes; or 2
6813+(ii) transactions that are necessary for 3
6814+or related to the activities described in 4
6815+clause (i). 5
6816+(B) D
6817+EFINITIONS.—In this subsection: 6
6818+(i) A
6819+GRICULTURAL COMMODITY .—The 7
6820+term ‘‘agricultural commodity’’ has the 8
6821+meaning given that term in section 102 of 9
6822+the Agricultural Trade Act of 1978 (7 10
6823+U.S.C. 5602). 11
6824+(ii) M
6825+EDICAL DEVICE.—The term 12
6826+‘‘medical device’’ has the meaning given the 13
6827+term ‘‘device’’ in section 201 of the Federal 14
6828+Food, Drug, and Cosmetic Act (21 U.S.C. 15
6829+321). 16
6830+(iii) M
6831+EDICINE.—The term ‘‘medicine’’ 17
6832+has the meaning given the term ‘‘drug’’ in 18
6833+section 201 of the Federal Food, Drug, and 19
6834+Cosmetic Act (21 U.S.C. 321). 20 246
6835+•HR 815 EAH
6836+SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERN-1
6837+MENT OF SYRIA, HIZBALLAH, AND NETWORKS 2
6838+AFFILIATED WITH THE GOVERNMENT OF 3
6839+SYRIA OR HIZBALLAH. 4
6840+(a) I
6841+NGENERAL.—Not later than 180 days after the 5
6842+date of the enactment of this division, the President shall— 6
6843+(1) determine whether each foreign person de-7
6844+scribed in subsection (b) meets the criteria for sanc-8
6845+tions under this division; and 9
6846+(2) submit to the appropriate congressional com-10
6847+mittees a report containing— 11
6848+(A) a list of all foreign persons described in 12
6849+subsection (b) that meet the criteria for imposi-13
6850+tion of sanctions under this division; 14
6851+(B) for each foreign person identified pursu-15
6852+ant to subparagraph (A), a statement of whether 16
6853+sanctions have been imposed or will be imposed 17
6854+within 30 days of the submission of the report; 18
6855+and 19
6856+(C) with respect to any person identified 20
6857+pursuant to subparagraph (A) for whom sanc-21
6858+tions have not been imposed and will not be im-22
6859+posed within 30 days of the submission of the re-23
6860+port, the specific authority under which other-24
6861+wise applicable sanctions are being waived, have 25
6862+otherwise been determined not to apply, or are 26 247
6863+•HR 815 EAH
6864+not being imposed and a complete justification of 1
6865+the decision to waive or otherwise not apply such 2
6866+sanctions. 3
6867+(b) F
6868+OREIGNPERSONSDESCRIBED.—The foreign per-4
6869+sons described in this subsection are the following: 5
6870+(1) Maher Al Assad. 6
6871+(2) Imad Abu Zureiq. 7
6872+(3) Amer Taysir Khiti. 8
6873+(4) Taher al-Kayyali. 9
6874+(5) Raji Falhout. 10
6875+(6) Mohammed Asif Issa Shalish. 11
6876+(7) Abdellatif Hamid. 12
6877+(8) Mustafa Al Masalmeh. 13
6878+SEC. 6. DEFINITIONS. 14
6879+In this division: 15
6880+(1) A
6881+PPROPRIATE CONGRESSIONAL COMMIT -16
6882+TEES.—The term ‘‘appropriate congressional commit-17
6883+tees’’ means— 18
6884+(A) the Committee on Foreign Affairs, the 19
6885+Committee on Financial Services, and the Com-20
6886+mittee on the Judiciary of the House of Rep-21
6887+resentatives; and 22
6888+(B) the Committee on Foreign Relations, 23
6889+the Committee on Banking, Housing, and Urban 24 248
6890+•HR 815 EAH
6891+Affairs, and the Committee on the Judiciary of 1
6892+the Senate. 2
6893+(2) C
6894+APTAGON.—The term ‘‘captagon’’ means 3
6895+any compound, mixture, or preparation which con-4
6896+tains any quantity of a stimulant in schedule I or II 5
6897+of section 202 of the Controlled Substances Act (21 6
6898+U.S.C. 812), including— 7
6899+(A) amphetamine, methamphetamine, and 8
6900+fenethylline; 9
6901+(B) any immediate precursor or controlled 10
6902+substance analogue of such a stimulant, as de-11
6903+fined in section 102 of the Controlled Substances 12
6904+Act (21 U.S.C. 802); and 13
6905+(C) any isomers, esters, ethers, salts, and 14
6906+salts of isomers, esters, and ethers of such a stim-15
6907+ulant, whenever the existence of such isomers, 16
6908+esters, ethers, and salts is possible within the spe-17
6909+cific chemical designation. 18
6910+(3) F
6911+OREIGN PERSON.—The term ‘‘foreign per-19
6912+son’’— 20
6913+(A) means an individual or entity that is 21
6914+not a United States person; and 22
6915+(B) includes a foreign state (as such term is 23
6916+defined in section 1603 of title 28, United States 24
6917+Code). 25 249
6918+•HR 815 EAH
6919+(4) ILLICIT PROLIFERATION.—The term ‘‘illicit 1
6920+proliferation’’ refers to any illicit activity to produce, 2
6921+manufacture, distribute, sell, or knowingly finance or 3
6922+transport. 4
6923+(5) K
6924+NOWINGLY.—The term ‘‘knowingly’’ has the 5
6925+meaning given that term in section 14 of the Iran 6
6926+Sanctions Act of 1996 (Public Law 104–172; 50 7
6927+U.S.C. 1701 note). 8
6928+(6) U
6929+NITED STATES PERSON.—The term ‘‘United 9
6930+States person’’ means— 10
6931+(A) a United States citizen; 11
6932+(B) a permanent resident alien of the 12
6933+United States; 13
6934+(C) an entity organized under the laws of 14
6935+the United States or of any jurisdiction within 15
6936+the United States, including a foreign branch of 16
6937+such an entity; or 17
6938+(D) a person in the United States. 18
6939+DIVISION Q—END FINANCING 19
6940+FOR HAMAS AND STATE SPON-20
6941+SORS OF TERRORISM ACT 21
6942+SEC. 1. SHORT TITLE. 22
6943+This division may be cited as the ‘‘End Financing for 23
6944+Hamas and State Sponsors of Terrorism Act’’. 24 250
6945+•HR 815 EAH
6946+SEC. 2. REPORT ON FINANCING FOR HAMAS. 1
6947+Not later than 180 days after the date of the enactment 2
6948+of this division, the Secretary of the Treasury shall submit 3
6949+to the Committee on Foreign Affairs and the Committee on 4
6950+Financial Services of the House of Representatives and to 5
6951+the Committee on Foreign Relations and the Committee on 6
6952+Banking, Housing, and Urban Affairs of the Senate a re-7
6953+port (which shall be in unclassified form but may include 8
6954+a classified annex) that includes— 9
6955+(1) an analysis of the major sources of financing 10
6956+to Hamas; 11
6957+(2) a description of United States and multilat-12
6958+eral efforts to disrupt illicit financial flows involving 13
6959+Hamas; 14
6960+(3) an evaluation of United States efforts to un-15
6961+dermine the ability of Hamas to finance armed hos-16
6962+tilities against Israel; and 17
6963+(4) an implementation plan with respect to the 18
6964+multilateral strategy described in section 3. 19
6965+SEC. 3. MULTILATERAL STRATEGY TO DISRUPT HAMAS FI-20
6966+NANCING. 21
6967+The Secretary of the Treasury, through participation 22
6968+in the G7, and other appropriate fora, shall develop a strat-23
6969+egy in coordination with United States allies and partners 24
6970+to ensure that Hamas is incapable of financing armed hos-25
6971+tilities against Israel. 26 251
6972+•HR 815 EAH
6973+DIVISION R—HOLDING IRANIAN 1
6974+LEADERS ACCOUNTABLE ACT 2
6975+SEC. 1. SHORT TITLE. 3
6976+This division may be cited as the ‘‘Holding Iranian 4
6977+Leaders Accountable Act of 2024’’. 5
6978+SEC. 2. FINDINGS. 6
6979+The Congress finds the following: 7
6980+(1) Iran is characterized by high levels of official 8
6981+and institutional corruption, and substantial involve-9
6982+ment by Iran’s security forces, particularly the Is-10
6983+lamic Revolutionary Guard Corps (IRGC), in the 11
6984+economy. 12
6985+(2) The Department of Treasury in 2019 des-13
6986+ignated the Islamic Republic of Iran’s financial sector 14
6987+as a jurisdiction of primary money laundering con-15
6988+cern, concluding, ‘‘Iran has developed covert methods 16
6989+for accessing the international financial system and 17
6990+pursuing its malign activities, including misusing 18
6991+banks and exchange houses, operating procurement 19
6992+networks that utilize front or shell companies, exploit-20
6993+ing commercial shipping, and masking illicit trans-21
6994+actions using senior officials, including those at the 22
6995+Central Bank of Iran (CBI).’’. 23
6996+(3) In June 2019, the Financial Action Task 24
6997+Force (FATF) urged all jurisdictions to require in-25 252
6998+•HR 815 EAH
6999+creased supervisory examination for branches and 1
7000+subsidiaries of financial institutions based in Iran. 2
7001+The FATF later called upon its members to introduce 3
7002+enhanced relevant reporting mechanisms or system-4
7003+atic reporting of financial transactions, and require 5
7004+increased external audit requirements, for financial 6
7005+groups with respect to any of their branches and sub-7
7006+sidiaries located in Iran. 8
7007+(4) According to the State Department’s ‘‘Coun-9
7008+try Reports on Terrorism’’ in 2021, ‘‘Iran continued 10
7009+to be the leading state sponsor of terrorism, facili-11
7010+tating a wide range of terrorist and other illicit ac-12
7011+tivities around the world. Regionally, Iran supported 13
7012+acts of terrorism in Bahrain, Iraq, Lebanon, Syria, 14
7013+and Yemen through proxies and partner groups such 15
7014+as Hizballah and Hamas.’’. 16
7015+SEC. 3. REPORT ON FINANCIAL INSTITUTIONS AND ASSETS 17
7016+CONNECTED TO CERTAIN IRANIAN OFFI-18
7017+CIALS. 19
7018+(a) F
7019+INANCIALINSTITUTIONS ANDASSETSREPORT.— 20
7020+(1) I
7021+N GENERAL.—Not later than 180 days after 21
7022+the date of the enactment of this division, and every 22
7023+2 years thereafter, the President shall submit a report 23
7024+to the appropriate Members of Congress containing— 24 253
7025+•HR 815 EAH
7026+(A) the estimated total funds or assets that 1
7027+are under direct or indirect control by each of 2
7028+the natural persons described under subsection 3
7029+(b), and a description of such funds or assets, ex-4
7030+cept that the President may limit coverage of the 5
7031+report to not fewer than 5 of such natural per-6
7032+sons in order to meet the submission deadline de-7
7033+scribed under this paragraph; 8
7034+(B) a description of how such funds or as-9
7035+sets were acquired, and how they have been used 10
7036+or employed; 11
7037+(C) a list of any non-Iranian financial in-12
7038+stitutions that— 13
7039+(i) maintain an account in connection 14
7040+with funds or assets described in subpara-15
7041+graph (A); or 16
7042+(ii) knowingly provide significant fi-17
7043+nancial services to a natural person covered 18
7044+by the report; and 19
7045+(D) a description of any illicit or corrupt 20
7046+means employed to acquire or use such funds or 21
7047+assets. 22
7048+(2) E
7049+XEMPTIONS.—The requirements described 23
7050+under paragraph (1) may not be applied with respect 24 254
7051+•HR 815 EAH
7052+to a natural person or a financial institution, as the 1
7053+case may be, if the President determines: 2
7054+(A) The funds or assets described under sub-3
7055+paragraph (A) of paragraph (1) were acquired 4
7056+through legal or noncorrupt means. 5
7057+(B) The natural person has agreed to pro-6
7058+vide significant cooperation to the United States 7
7059+for an important national security or law en-8
7060+forcement purpose with respect to Iran. 9
7061+(C) A financial institution that would oth-10
7062+erwise be listed in the report required by para-11
7063+graph (1) has agreed to— 12
7064+(i) no longer maintain an account de-13
7065+scribed under subparagraph (C)(i) of para-14
7066+graph (1); 15
7067+(ii) no longer provide significant fi-16
7068+nancial services to a natural person covered 17
7069+by the report; or 18
7070+(iii) provide significant cooperation to 19
7071+the United States for an important national 20
7072+security or law enforcement purpose with 21
7073+respect to Iran. 22
7074+(3) W
7075+AIVER.—The President may waive for up 23
7076+to 1 year at a time any requirement under paragraph 24
7077+(1) with respect to a natural person or a financial in-25 255
7078+•HR 815 EAH
7079+stitution after reporting in writing to the appropriate 1
7080+Members of Congress that the waiver is in the na-2
7081+tional interest of the United States, with a detailed 3
7082+explanation of the reasons therefor. 4
7083+(b) P
7084+ERSONSDESCRIBED.—The natural persons de-5
7085+scribed in this subsection are the following: 6
7086+(1) The Supreme Leader of Iran. 7
7087+(2) The President of Iran. 8
7088+(3) The members of the Council of Guardians. 9
7089+(4) The members of the Expediency Council. 10
7090+(5) The Minister of Intelligence and Security. 11
7091+(6) The Commander and the Deputy Commander 12
7092+of the IRGC. 13
7093+(7) The Commander and the Deputy Commander 14
7094+of the IRGC Ground Forces. 15
7095+(8) The Commander and the Deputy Commander 16
7096+of the IRGC Aerospace Force. 17
7097+(9) The Commander and the Deputy Commander 18
7098+of the IRGC Navy. 19
7099+(10) The Commander of the Basij-e Mostaz’afin. 20
7100+(11) The Commander of the Qods Force. 21
7101+(12) The Commander in Chief of the Police 22
7102+Force. 23
7103+(13) The head of the IRGC Joint Staff. 24
7104+(14) The Commander of the IRGC Intelligence. 25 256
7105+•HR 815 EAH
7106+(15) The head of the IRGC Imam Hussein Uni-1
7107+versity. 2
7108+(16) The Supreme Leader’s Representative at the 3
7109+IRGC. 4
7110+(17) The Chief Executive Officer and the Chair-5
7111+man of the IRGC Cooperative Foundation. 6
7112+(18) The Commander of the Khatam-al-Anbia 7
7113+Construction Head Quarter. 8
7114+(19) The Chief Executive Officer of the Basij Co-9
7115+operative Foundation. 10
7116+(20) The head of the Political Bureau of the 11
7117+IRGC. 12
7118+(21) The senior leadership as determined by the 13
7119+President of the following groups: 14
7120+(A) Hizballah. 15
7121+(B) Hamas. 16
7122+(C) Palestinian Islamic Jihad. 17
7123+(D) Kata’ib Hizballah. 18
7124+(c) F
7125+ORM OFREPORT; PUBLICAVAILABILITY.— 19
7126+(1) F
7127+ORM.—The report required under subsection 20
7128+(a) and any waiver under subsection (a)(3) shall be 21
7129+submitted in unclassified form but may contain a 22
7130+classified annex. 23
7131+(2) P
7132+UBLIC AVAILABILITY.—The Secretary shall 24
7133+make the unclassified portion of such report public if 25 257
7134+•HR 815 EAH
7135+the Secretary notifies the appropriate Members of 1
7136+Congress that the publication is in the national inter-2
7137+est of the United States and would substantially pro-3
7138+mote— 4
7139+(A) deterring or sanctioning official corrup-5
7140+tion in Iran; 6
7141+(B) holding natural persons or financial in-7
7142+stitutions listed in the report accountable to the 8
7143+people of Iran; 9
7144+(C) combating money laundering or the fi-10
7145+nancing of terrorism; or 11
7146+(D) achieving any other strategic objective 12
7147+with respect to the Government of Iran. 13
7148+(3) F
7149+ORMAT OF PUBLICLY AVAILABLE RE -14
7150+PORTS.—If the Secretary makes the unclassified por-15
7151+tion of a report public pursuant to paragraph (2), the 16
7152+Secretary shall make it available to the public on the 17
7153+website of the Department of the Treasury— 18
7154+(A) in English, Farsi, Arabic, and Azeri; 19
7155+and 20
7156+(B) in precompressed, easily downloadable 21
7157+versions that are made available in all appro-22
7158+priate formats. 23
7159+(d) R
7160+EPORT ANDBRIEFING ONIRANIANASSETS AND 24
7161+L
7162+ICENSES.— 25 258
7163+•HR 815 EAH
7164+(1) IN GENERAL.—Not later than 30 days after 1
7165+the date of the enactment of this division, the Sec-2
7166+retary of the Treasury shall submit to the appropriate 3
7167+members of Congress a report and provide to the ap-4
7168+propriate congressional committees a briefing— 5
7169+(A) identifying— 6
7170+(i) all assets of the Government of Iran 7
7171+or covered persons valued at more than 8
7172+$5,000,000 and blocked by the United States 9
7173+pursuant to any provision of law; and 10
7174+(ii) for each such asset— 11
7175+(I) the country in which the asset 12
7176+is held; 13
7177+(II) the financial institution in 14
7178+which the asset is held; and 15
7179+(III) the approximate value of the 16
7180+asset; and 17
7181+(B) setting forth a list of all general li-18
7182+censes, specific licenses, action letters, comfort 19
7183+letters, statements of licensing policy, answers to 20
7184+frequently asked questions, or other exemptions 21
7185+issued by the Secretary with respect to sanctions 22
7186+relating to Iran that are in effect as of the date 23
7187+of the report. 24
7188+(2) F
7189+ORM.— 25 259
7190+•HR 815 EAH
7191+(A) ASSETS.—The report and briefing re-1
7192+quired by paragraph (1) shall be submitted or 2
7193+provided, as the case may be, in unclassified 3
7194+form. 4
7195+(B) E
7196+XEMPTIONS.—The report and briefing 5
7197+required by paragraph (1) shall be submitted or 6
7198+provided, as the case may be, in classified form. 7
7199+(3) C
7200+OVERED PERSON DEFINED .—In this section, 8
7201+the term ‘‘covered person’’ means— 9
7202+(A) an individual who is a citizen or na-10
7203+tional of Iran and is acting on behalf of the Gov-11
7204+ernment of Iran; 12
7205+(B) an entity organized under the laws of 13
7206+Iran or otherwise subject to the jurisdiction of 14
7207+the Government of Iran; and 15
7208+(C) an individual or entity that provides 16
7209+material, tactical, operational, developmental, or 17
7210+financial support to— 18
7211+(i) the Islamic Revolutionary Guard 19
7212+Corps; 20
7213+(ii) any agency or instrumentality of 21
7214+the armed forces of Iran; 22
7215+(iii) any agency or instrumentality re-23
7216+lated to the nuclear program of Iran; or 24 260
7217+•HR 815 EAH
7218+(iv) any organization designated as a 1
7219+foreign terrorist organization under section 2
7220+219 of the Immigration and Nationality 3
7221+Act (8 U.S.C. 1189), including Hamas, 4
7222+Hezbollah, Palestinian Islamic Jihad, 5
7223+alQa’ida, and al-Shabaab. 6
7224+SEC. 4. RESTRICTIONS ON CERTAIN FINANCIAL INSTITU-7
7225+TIONS. 8
7226+(a) I
7227+NGENERAL.—Not later than the date that is 90 9
7228+days after submitting a report described under section 10
7229+3(a)(1), the Secretary shall undertake the following with re-11
7230+spect to a financial institution that is described under sec-12
7231+tion 3(a)(1)(C) and listed in the report: 13
7232+(1) If the financial institution is a United States 14
7233+financial institution, require the closure of any ac-15
7234+count described in section 3(a)(1)(C)(i), and prohibit 16
7235+the provision of significant financial services, directly 17
7236+or indirectly, to a natural person covered by the re-18
7237+port. 19
7238+(2) If the financial institution is a foreign fi-20
7239+nancial institution, actively seek the closure of any 21
7240+account described in section 3(a)(1)(C)(i), and the 22
7241+cessation of significant financial services to a natural 23
7242+person covered by the report, using any existing au-24
7243+thorities of the Secretary, as appropriate. 25 261
7244+•HR 815 EAH
7245+(b) SUSPENSION.—The Secretary may suspend the ap-1
7246+plication of subsection (a) with respect to a financial insti-2
7247+tution upon reporting to the appropriate Members of Con-3
7248+gress that the suspension is in the national interest of the 4
7249+United States, with a detailed explanation of the reasons 5
7250+therefor. 6
7251+SEC. 5. EXCEPTIONS FOR NATIONAL SECURITY; IMPLEMEN-7
7252+TATION AUTHORITY. 8
7253+The following activities shall be exempt from require-9
7254+ments under sections 3 and 4: 10
7255+(1) Any activity subject to the reporting require-11
7256+ments under title V of the National Security Act of 12
7257+1947 (50 U.S.C. 3091 et seq.), or to any authorized 13
7258+intelligence activities of the United States. 14
7259+(2) The admission of an alien to the United 15
7260+States if such admission is necessary to comply with 16
7261+United States obligations under the Agreement be-17
7262+tween the United Nations and the United States of 18
7263+America regarding the Headquarters of the United 19
7264+Nations, signed at Lake Success June 26, 1947, and 20
7265+entered into force November 21, 1947, or under the 21
7266+Convention on Consular Relations, done at Vienna 22
7267+April 24, 1963, and entered into force March 19, 23
7268+1967, or other applicable international obligations of 24
7269+the United States. 25 262
7270+•HR 815 EAH
7271+(3) The conduct or facilitation of a transaction 1
7272+for the sale of agricultural commodities, food, medi-2
7273+cine, or medical devices to Iran or for the provision 3
7274+of humanitarian assistance to the people of Iran, in-4
7275+cluding engaging in a financial transaction relating 5
7276+to humanitarian assistance or for humanitarian pur-6
7277+poses or transporting goods or services that are nec-7
7278+essary to carry out operations relating to humani-8
7279+tarian assistance or humanitarian purposes. 9
7280+SEC. 6. SUNSET. 10
7281+The provisions of this division shall have no force or 11
7282+effect on the earlier of— 12
7283+(1) the date that is 5 years after the date of en-13
7284+actment of this division; or 14
7285+(2) 30 days after the Secretary reports in writ-15
7286+ing to the appropriate Members of Congress that— 16
7287+(A) Iran is not a jurisdiction of primary 17
7288+money laundering concern; or 18
7289+(B) the Government of Iran is providing 19
7290+significant cooperation to the United States for 20
7291+the purpose of preventing acts of international 21
7292+terrorism, or for the promotion of any other stra-22
7293+tegic objective that is important to the national 23
7294+interest of the United States, as specified in the 24
7295+report by the Secretary. 25 263
7296+•HR 815 EAH
7297+SEC. 7. DEFINITIONS. 1
7298+For purposes of this division: 2
7299+(1) A
7300+PPROPRIATE MEMBERS OF CONGRESS .—The 3
7301+term ‘‘appropriate Members of Congress’’ means the 4
7302+Speaker and Minority Leader of the House of Rep-5
7303+resentatives, the Majority Leader and Minority Lead-6
7304+er of the Senate, the Chairman and Ranking Member 7
7305+of the Committee on Foreign Affairs and the Com-8
7306+mittee on Financial Services of the House of Rep-9
7307+resentatives, and the Chairman and Ranking Member 10
7308+of the Committee on Foreign Relations and the Com-11
7309+mittee on Banking, Housing, and Urban Affairs of 12
7310+the Senate. 13
7311+(2) F
7312+INANCIAL INSTITUTION.—The term ‘‘finan-14
7313+cial institution’’ means a United States financial in-15
7314+stitution or a foreign financial institution. 16
7315+(3) F
7316+OREIGN FINANCIAL INSTITUTION.—The term 17
7317+‘‘foreign financial institution’’ has the meaning given 18
7318+that term in section 561.308 of title 31, Code of Fed-19
7319+eral Regulations. 20
7320+(4) F
7321+UNDS.—The term ‘‘funds’’ means— 21
7322+(A) cash; 22
7323+(B) equity; 23
7324+(C) any other asset whose value is derived 24
7325+from a contractual claim, including bank depos-25
7326+its, bonds, stocks, a security as defined in section 26 264
7327+•HR 815 EAH
7328+2(a) of the Securities Act of 1933 (15 U.S.C. 1
7329+77b(a)), or a security or an equity security as 2
7330+defined in section 3(a) of the Securities Ex-3
7331+change Act of 1934 (15 U.S.C. 78c(a)); and 4
7332+(D) anything else that the Secretary deter-5
7333+mines appropriate. 6
7334+(5) K
7335+NOWINGLY.—The term ‘‘knowingly’’ with 7
7336+respect to conduct, a circumstance, or a result, means 8
7337+that a person has actual knowledge, or should have 9
7338+known, of the conduct, the circumstance, or the result. 10
7339+(6) S
7340+ECRETARY.—The term ‘‘Secretary’’ means 11
7341+the Secretary of the Treasury. 12
7342+(7) U
7343+NITED STATES FINANCIAL INSTITUTION .— 13
7344+The term ‘‘United States financial institution’’ has 14
7345+the meaning given the term ‘‘U.S. financial institu-15
7346+tion’’ under section 561.309 of title 31, Code of Fed-16
7347+eral Regulations. 17
7348+DIVISION S—IRAN-CHINA 18
7349+ENERGY SANCTIONS ACT OF 2023 19
7350+SEC. 1. SHORT TITLE. 20
7351+This division may be cited as the ‘‘Iran-China Energy 21
7352+Sanctions Act of 2023’’. 22 265
7353+•HR 815 EAH
7354+SEC. 2. SANCTIONS ON FOREIGN FINANCIAL INSTITUTIONS 1
7355+WITH RESPECT TO THE PURCHASE OF PETRO-2
7356+LEUM PRODUCTS AND UNMANNED AERIAL 3
7357+VEHICLES FROM IRAN. 4
7358+Section 1245(d) of the National Defense Authorization 5
7359+Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) is amend-6
7360+ed— 7
7361+(1) by redesignating paragraph (5) as para-8
7362+graph (6); and 9
7363+(2) by inserting after paragraph (4) the fol-10
7364+lowing new paragraph: 11
7365+‘‘(5) A
7366+PPLICABILITY OF SANCTIONS WITH RE -12
7367+SPECT TO CHINESE FINANCIAL INSTITUTIONS .— 13
7368+‘‘(A) I
7369+N GENERAL.—For the purpose of 14
7370+paragraph (1)(A), a ‘significant financial trans-15
7371+action’ shall include, based on relevant facts and 16
7372+circumstances, any transaction— 17
7373+‘‘(i) by a Chinese financial institution 18
7374+(without regard to the size, number, fre-19
7375+quency, or nature of the transaction) involv-20
7376+ing the purchase of petroleum or petroleum 21
7377+products from Iran; and 22
7378+‘‘(ii) by a foreign financial institution 23
7379+(without regard to the size, number, fre-24
7380+quency, or nature of the transaction) involv-25
7381+ing the purchase of Iranian unmanned aer-26 266
7382+•HR 815 EAH
7383+ial vehicles (UAVs), UAV parts, or related 1
7384+systems. 2
7385+‘‘(B) D
7386+ETERMINATION REQUIRED .—Not 3
7387+later than 180 days after the date of the enact-4
7388+ment of this paragraph and every year thereafter 5
7389+for 5 years, the President shall— 6
7390+‘‘(i) determine whether any— 7
7391+‘‘(I) Chinese financial institution 8
7392+has engaged in a significant financial 9
7393+transaction as described in paragraph 10
7394+(1)(A)(i); and 11
7395+‘‘(II) financial institution has en-12
7396+gaged in a significant financial trans-13
7397+action as described in paragraph 14
7398+(1)(A)(ii); and 15
7399+‘‘(ii) transmit the determination under 16
7400+clause (i) to the Committee on Foreign Af-17
7401+fairs and the Committee on Financial Serv-18
7402+ices of the House of Representatives and to 19
7403+the Committee on Foreign Relations and the 20
7404+Committee on Banking, Housing, and 21
7405+Urban Affairs of the Senate.’’. 22 267
7406+•HR 815 EAH
7407+DIVISION T—BUDGETARY 1
7408+EFFECTS 2
7409+SEC. 1. BUDGETARY EFFECTS. 3
7410+(a) S
7411+TATUTORYPAYGO SCORECARDS.—The budg-4
7412+etary effects of division D and each subsequent division of 5
7413+this Act shall not be entered on either PAYGO scorecard 6
7414+maintained pursuant to section 4(d) of the Statutory Pay- 7
7415+As-You-Go Act of 2010. 8
7416+(b) S
7417+ENATEPAYGO SCORECARDS.—The budgetary ef-9
7418+fects of division D and each subsequent division of this Act 10
7419+shall not be entered on any PAYGO scorecard maintained 11
7420+for purposes of section 4106 of H. Con. Res. 71 (115th Con-12
7421+gress). 13
29177422 (c) C
2918-ERTIFICATION.—The certification described in this sub-
2919-section, with respect to Russian aggressor state sovereign assets,
2920-is a certification that—
2921-(1) seizing, confiscating, transferring, or vesting Russian
2922-aggressor state sovereign assets for the benefit of Ukraine
2923-is in the national interests of the United States;
2924-(2) the President has meaningfully coordinated with G7
2925-leaders to take multilateral action with regard to any seizure,
2926-confiscation, vesting, or transfer of Russian sovereign assets
2927-for the benefit of Ukraine; and
2928-(3) either—
2929-(A) the President has received an official and legitimate
2930-request from a properly constituted international mecha-
2931-nism that includes the participation of the Government
2932-of Ukraine and the United States and that has been estab-
2933-lished for the purpose of, or otherwise tasked with, compen-
2934-sating Ukraine for damages arising or resulting from the
2935-internationally wrongful acts of the Russian Federation
2936-regarding the repurposing of sovereign assets of the Rus-
2937-sian Federation; or
2938-(B) either—
2939-(i) the Russian Federation has not ceased its
2940-unlawful aggression against Ukraine; or
2941-(ii) the Russian Federation has ceased its unlawful
2942-aggression against Ukraine, but—
2943-(I) has not provided full compensation to
2944-Ukraine for harms resulting from the internation-
2945-ally wrongful acts of the Russian Federation; and
2946-(II) is not participating in a bona fide process
2947-to provide full compensation to Ukraine for harms
2948-resulting from Russian aggression.
2949-(d) E
2950-STABLISHMENT OF THE UKRAINESUPPORTFUND.—
2951-(1) U
2952-KRAINE SUPPORT FUND .—The President shall establish
2953-an account, to be known as the ‘‘Ukraine Support Fund’’, to
2954-consist of any funds with respect to which a seizure is ordered
2955-pursuant to subsection (b).
2956-(2) U
2957-SE OF FUNDS.—The funds in the accounts established
2958-under paragraph (1) shall be available to be used only as
2959-specified in subsection (f).
2960-(e) R
2961-ULE OFCONSTRUCTION.—Nothing in this section may be
2962-construed to provide the President with the authority to seize,
2963-transfer, confiscate, or vest title to foreign sovereign assets that
2964-are not Russian aggressor state sovereign assets in the United
2965-States or transfer any foreign sovereign assets to any recipient
2966-for any use other than the uses described in this division.
2967-(f) F
2968-URTHERTRANSFER ANDUSE OFFUNDS.—
2969-(1) I
2970-N GENERAL.—Subject to paragraphs (2) and (3), Funds
2971-in the Ukraine Support Fund shall be available to the Secretary
2972-of State, in consultation with the Administrator of the United
2973-States Agency for International Development, for the purpose
2974-of providing assistance to Ukraine for the damage resulting
2975-from the unlawful invasion by the Russian Federation that
2976-began on February 24, 2022.
2977-(2) S
2978-PECIFIC PERMISSIBLE USES .—Subject to paragraph (3),
2979-the following are permissible uses of the funds in the Ukraine
2980-Support Fund pursuant to paragraph (1): H. R. 815—55
2981-(A) Making contributions to an international body,
2982-fund, or mechanism established consistent with section
2983-105(a) that is charged with determining and administering
2984-compensation or providing assistance to Ukraine.
2985-(B) Supporting reconstruction, rebuilding, and recovery
2986-efforts in Ukraine.
2987-(C) Providing economic and humanitarian assistance
2988-to the people of Ukraine.
2989-(3) N
2990-OTIFICATION.—
2991-(A) I
2992-N GENERAL.—The Secretary of State shall notify
2993-the appropriate congressional committees not fewer than
2994-15 days before providing any funds from the Ukraine Sup-
2995-port Fund to any other account for the purposes described
2996-in paragraph (1).
2997-(B) E
2998-LEMENTS.—A notification under subparagraph (A)
2999-with respect to the transfer of funds to another account
3000-pursuant to paragraph (1) shall specify—
3001-(i) the amount of funds to be provided;
3002-(ii) the specific purpose for which such funds are
3003-provided; and
3004-(iii) the recipient of those funds.
3005-(g) L
3006-IMITATION ON TRANSFER OF FUNDS.—No funds may be
3007-transferred or otherwise expended from the Ukraine Support Fund
3008-pursuant to subsection (f) unless the President certifies to the
3009-appropriate congressional committees that—
3010-(1) a plan exists to ensure transparency and accountability
3011-for all funds transferred to and from any account receiving
3012-the funds; and
3013-(2) the President has transmitted the plan required under
3014-paragraph (1) to the appropriate congressional committees in
3015-writing.
3016-(h) J
3017-OINTRESOLUTION OF DISAPPROVAL.—No funds may be
3018-transferred pursuant to subsection (f) if, within 15 days of receipt
3019-of the notification required under subsection (f)(3), a joint resolution
3020-is enacted into law prohibiting such transfer.
3021-(i) R
3022-EPORT.—Not later than 90 days after the date of the
3023-enactment of this division, and not less frequently than every
3024-180 days thereafter, the President shall submit to the appropriate
3025-congressional committees a report that includes the following:
3026-(1) An accounting of funds in the Ukraine Support Fund.
3027-(2) Any information regarding the disposition of funds in
3028-any account to which funds have been transferred pursuant
3029-to subsection (f) that has been transmitted to the President
3030-by the institution housing said account during the period cov-
3031-ered by the report.
3032-(3) A description of United States multilateral and bilateral
3033-diplomatic engagement with allies and partners of the United
3034-States that also have immobilized Russian sovereign assets
3035-to compensate for damages caused by the Russian Federation’s
3036-internationally wrongful acts during the period covered by the
3037-report.
3038-(4) An outline of steps taken to carry out the establishment
3039-of the international mechanism described by section 105(a)
3040-during the period covered by the report.
3041-(j) E
3042-XCEPTION FOR UNITEDSTATESOBLIGATIONSUNDERTREA-
3043-TIES.—The authorities provided by this section may not be exercised H. R. 815—56
3044-in a manner inconsistent with the obligations of the United States
3045-under—
3046-(1) the Convention on Diplomatic Relations, done at Vienna
3047-April 18, 1961, and entered into force April 24, 1964 (23 UST
3048-3227);
3049-(2) the Convention on Consular Relations, done at Vienna
3050-April 24, 1963, and entered into force on March 19, 1967
3051-(21 UST 77);
3052-(3) the Agreement Regarding the Headquarters of the
3053-United Nations, signed at Lake Success June 26, 1947, and
3054-entered into force November 21, 1947 (TIAS 1676); or
3055-(4) any other international agreement to which the United
3056-States is a state party on the day before the date of the
3057-enactment of this division.
3058-(k) J
3059-UDICIALREVIEW.—
3060-(1) E
3061-XCLUSIVENESS OF REMEDY .—Notwithstanding any
3062-other provision of law, any action taken under this section
3063-shall not be subject to judicial review, except as provided in
3064-this subsection.
3065-(2) L
3066-IMITATIONS FOR FILING CLAIMS .—A claim may only
3067-be brought with respect to an action under this section—
3068-(A) that alleges that the action will deny rights under
3069-the Constitution of the United States; and
3070-(B) if the claim is brought not later than 60 days
3071-after the date of such action.
3072-(3) J
3073-URISDICTION.—
3074-(A) I
3075-N GENERAL.—A claim under paragraph (2) of this
3076-subsection shall be barred unless a complaint is filed prior
3077-to the expiration of such time limits in the United States
3078-District Court for the District of Columbia.
3079-(B) A
3080-PPEAL.—An appeal of an order of the United
3081-States District Court for the District of Columbia issued
3082-pursuant to a claim brought under this subsection shall
3083-be taken by a notice of appeal filed with the United States
3084-Court of Appeals for the District of Columbia Circuit not
3085-later than 10 days after the date on which the order is
3086-entered.
3087-(C) E
3088-XPEDITED CONSIDERATION .—It shall be the duty
3089-of the United States District Court for the District of
3090-Columbia and the United States Court of Appeals for the
3091-District of Columbia Circuit to advance on the docket and
3092-to expedite to the greatest possible extent the disposition
3093-of any claim brought under this subsection.
3094-(l) S
3095-UNSET.—The authorities conferred under this section shall
3096-terminate on the earlier of—
3097-(1) the date that is 5 years after the date of the enactment
3098-of this division; or
3099-(2) the date that is 120 days after the date on which
3100-the President determines and certifies to the appropriate
3101-congressional committees that—
3102-(A) the Russian Federation has reached an agreement
3103-relating to the respective withdrawal of Russian forces
3104-and cessation of military hostilities that is accepted by
3105-the free and independent Government of Ukraine; and
3106-(B)(i) full compensation has been made to Ukraine
3107-for harms resulting from the invasion of Ukraine by the
3108-Russian Federation; H. R. 815—57
3109-(ii) the Russian Federation is participating in a bona
3110-fide international mechanism that, by agreement, will dis-
3111-charge the obligations of the Russian Federation to com-
3112-pensate Ukraine for all amounts determined to be owed
3113-to Ukraine; or
3114-(iii) the Russian Federation’s obligation to compensate
3115-Ukraine for the damage caused by the Russian Federation’s
3116-aggression has been resolved pursuant to an agreement
3117-between the Russian Federation and the Government of
3118-Ukraine.
3119-SEC. 105. INTERNATIONAL MECHANISM TO USE RUSSIAN SOVEREIGN
3120-ASSETS AND RUSSIAN AGGRESSOR STATE SOVEREIGN
3121-ASSETS TO PROVIDE FOR THE RECONSTRUCTION OF
3122-UKRAINE.
3123-(a) INGENERAL.—The President shall take such actions as
3124-the President determines appropriate to coordinate with the G7,
3125-the European Union, Australia, and other partners and allies of
3126-the United States regarding the disposition of immobilized Russian
3127-aggressor state sovereign assets, including seeking to establish an
3128-international mechanism with foreign partners, including Ukraine,
3129-the G7, the European Union, Australia, and other partners and
3130-allies of the United States, for the purpose of assisting Ukraine,
3131-which may include the establishment of an international fund to
3132-be known as the ‘‘Ukraine Compensation Fund’’, that may receive
3133-and use assets in the Ukraine Support Fund established under
3134-section 104(c) and contributions from foreign partners that have
3135-also frozen or seized Russian aggressor state sovereign assets to
3136-assist Ukraine, including by—
3137-(1) supporting a register of damage to serve as a record
3138-of evidence and for assessment of the financially assessable
3139-damages to Ukraine resulting from the invasions of Ukraine
3140-by the Russian Federation and operations or actions in support
3141-thereof;
3142-(2) establishing a mechanism to compensate Ukraine for
3143-damages caused by Russia’s internationally wrongful acts con-
3144-nected with the invasions of Ukraine;
3145-(3) ensuring distribution of those assets or the proceeds
3146-of those assets based on determinations under that mechanism;
3147-and
3148-(4) taking such other actions as may be necessary to carry
3149-out this section.
3150-(b) A
3151-UTHORIZATION FOR DEPOSIT IN THE UKRAINECOMPENSA-
3152-TIONFUND.—Upon the President reaching an agreement or arrange-
3153-ment to establish a common international mechanism pursuant
3154-to subsection (a) or at any time thereafter, the Secretary of State
3155-may, pursuant to the authority conferred by and subject to the
3156-limitations described in section 104(f) and subject to the limitations
3157-described in subsection (e), transfer funds from the Ukraine Support
3158-Fund established under section 104(d) to a fund or mechanism
3159-established consistent with subsection (a).
3160-(c) N
3161-OTIFICATION.—The President shall notify the appropriate
3162-congressional committees not later than 30 days after entering
3163-into any new bilateral or multilateral agreement or arrangement
3164-under subsection (a).
3165-(d) G
3166-OODGOVERNANCE.—The Secretary of State, in consultation
3167-with the Secretary of the Treasury, shall— H. R. 815—58
3168-(1) seek to ensure that any fund or mechanism established
3169-consistent with subsection (a) operates in accordance with
3170-established international accounting principles;
3171-(2) seek to ensure that any fund or mechanism established
3172-consistent with subsection (a) is—
3173-(A) staffed, operated, and administered in accordance
3174-with established accounting rules and governance proce-
3175-dures, including providing for payment of reasonable
3176-expenses from the fund for the governance and operation
3177-of the fund and the tribunal;
3178-(B) operated transparently as to all funds transfers,
3179-filings, and decisions; and
3180-(C) audited on a regular basis by an independent
3181-auditor, in accordance with internationally accepted
3182-accounting and auditing standards;
3183-(3) seek to ensure that any audits of any fund or mechanism
3184-established consistent with subsection (a) shall be made avail-
3185-able to the public; and
3186-(4) ensure that any audits of any fund or mechanism estab-
3187-lished consistent with subsection (a) shall be reviewed and
3188-reported on by the Government Accountability Office to the
3189-appropriate congressional committees and the public.
3190-(e) L
3191-IMITATION ON TRANSFER OF FUNDS.—No funds may be
3192-transferred from the Ukraine Support Fund to a fund or mechanism
3193-established consistent with subsection (a) unless the President cer-
3194-tifies to the appropriate congressional committees that—
3195-(1) the institution housing the fund or mechanism has
3196-a plan to ensure transparency and accountability for all funds
3197-transferred to and from the fund or mechanism established
3198-consistent with subsection (a); and
3199-(2) the President has transmitted the plan required under
3200-paragraph (1) to the appropriate congressional committees in
3201-writing.
3202-(f) J
3203-OINTRESOLUTION OF DISAPPROVAL.—No funds may be
3204-transferred from the Ukraine Support Fund to a fund or mechanism
3205-established consistent with subsection (a) if, within 30 days of
3206-receipt of the notification required under subsection (c)(2), a joint
3207-resolution is enacted prohibiting the transfer.
3208-(g) R
3209-EPORT.—Not later than 90 days after the date of the
3210-enactment of this division, and not less frequently than every
3211-90 days thereafter, the President shall submit to the appropriate
3212-congressional committees a report that includes the following:
3213-(1) An accounting of funds in any fund or mechanism
3214-established consistent with subsection (a).
3215-(2) Any information regarding the disposition of any such
3216-fund or mechanism that has been transmitted to the President
3217-by the institution housing the fund or mechanism during the
3218-period covered by the report.
3219-(3) A description of United States multilateral and bilateral
3220-diplomatic engagement with allies and partners of the United
3221-States that also have immobilized Russian sovereign assets
3222-to allow for compensation for Ukraine during the period covered
3223-by the report.
3224-(4) An outline of steps taken to carry out this section
3225-during the period covered by the report. H. R. 815—59
3226-SEC. 106. REPORT ON USE OF TRANSFERRED RUSSIAN SOVEREIGN
3227-ASSETS FOR RECONSTRUCTION.
3228-Not later than 90 days after the date of the enactment of
3229-this division, and every 180 days thereafter, the Secretary of State,
3230-in consultation with the Secretary of the Treasury, shall submit
3231-to the appropriate congressional committees a report that contains—
3232-(1) the amount and source of Russian sovereign assets
3233-seized, transferred, or confiscated pursuant to section 104(b);
3234-(2) the amount and source of funds deposited into the
3235-Ukraine Support Fund under section 104(b)(3); and
3236-(3) a detailed description and accounting of how such funds
3237-were used to meet the purposes described in section 104(f).
3238-SEC. 107. ASSESSMENT BY SECRETARY OF STATE AND ADMINISTRATOR
3239-OF USAID ON RECONSTRUCTION AND REBUILDING NEEDS
3240-OF UKRAINE.
3241-(a) INGENERAL.—Not later than 180 days after the date of
3242-the enactment of this division, the Secretary of State, in consultation
3243-with the Administrator of the United States Agency for Inter-
3244-national Development, shall submit to the appropriate congressional
3245-committees an assessment of the most pressing needs of Ukraine
3246-for reconstruction, rebuilding, and humanitarian aid.
3247-(b) E
3248-LEMENTS.—The assessment required by subsection (a) shall
3249-include the following:
3250-(1) An estimate of the rebuilding and reconstruction needs
3251-of Ukraine, as of the date of the assessment, resulting from
3252-the unlawful invasion of Ukraine by the Russian Federation,
3253-including—
3254-(A) a description of the sources and methods for the
3255-estimate; and
3256-(B) an identification of the locations or regions in
3257-Ukraine with the most pressing needs.
3258-(2) An estimate of the humanitarian needs, as of the date
3259-of the assessment, of the people of Ukraine, including Ukrain-
3260-ians residing inside the internationally recognized borders of
3261-Ukraine or outside those borders, resulting from the unlawful
3262-invasion of Ukraine by the Russian Federation.
3263-(3) An assessment of the extent to which the needs
3264-described in paragraphs (1) and (2) have been met or funded,
3265-by any source, as of the date of the assessment.
3266-(4) A plan to engage in robust multilateral and bilateral
3267-diplomacy to ensure that allies and partners of the United
3268-States, particularly in the European Union as Ukraine seeks
3269-accession to the European Union, increase their commitment
3270-to Ukraine’s reconstruction.
3271-(5) An identification of which such needs should be
3272-prioritized, including any assessment or request by the Govern-
3273-ment of Ukraine with respect to the prioritization of such
3274-needs.
3275-SEC. 108. EXTENSIONS.
3276-Section 5(a) of the Elie Wiesel Genocide and Atrocities Preven-
3277-tion Act of 2018 (Public Law 115–441; 132 Stat. 5587) is amended,
3278-in the matter preceding paragraph (1), by striking ‘‘six years’’ and
3279-inserting ‘‘12 years’’. H. R. 815—60
3280-DIVISION G—OTHER MATTERS
3281-SEC. 1. REPORT AND IMPOSITION OF SANCTIONS TO HARMONIZE WITH
3282-ALLIED SANCTIONS.
3283-(a) REPORTREQUIRED.—Not later than 90 days after the date
3284-of the enactment of this division, the President shall submit to
3285-the Committee on Foreign Affairs of the House of Representatives
3286-and the Committee on Foreign Relations of the Senate a report
3287-identifying—
3288-(1) each foreign person currently subject to—
3289-(A) sanctions issued by the European Union pursuant
3290-to European Union Council Regulation No. 269/2014 of
3291-17 March, 2014, as amended; or
3292-(B) sanctions issued by the United Kingdom pursuant
3293-to the Russia (Sanctions) (EU Exit) Regulations 2019, as
3294-amended; and
3295-(2) each such foreign person that also meets the criteria
3296-for imposition of sanctions by the United States pursuant to—
3297-(A) the Global Magnitsky Human Rights Accountability
3298-Act of 2016 (22 U.S.C. 10101 et seq.);
3299-(B) Executive Order 14024 (50 U.S.C. 1701 note,
3300-relating to blocking property with respect to specified harm-
3301-ful foreign activities of the Government of the Russian
3302-Federation), as amended;
3303-(C) Executive Order 14068 (50 U.S.C. 1701 note,
3304-relating to prohibiting certain imports, exports, and new
3305-investment with respect to continued Russian Federation
3306-aggression), as amended; or
3307-(D) Executive Order 14071 (50 U.S.C. 1701 note,
3308-relating to prohibiting new investment in and certain serv-
3309-ices to the Russian Federation in response to continued
3310-Russian Federation aggression), as amended.
3311-(b) I
3312-MPOSITION OF SANCTIONS.—The President may impose the
3313-sanctions authorized by the applicable provision of law listed in
3314-subsection (a)(2) with respect to each foreign person identified in
3315-the report required under subsection (a)(1) who is not already
3316-subject to sanctions under United States law pursuant to one or
3317-more statutory sanctions authorities as of the date of the submission
3318-of such report.
3319-SEC. 2. INCLUSION OF INFORMATION ON EMERGING TECHNOLOGICAL
3320-DEVELOPMENTS IN ANNUAL CHINA MILITARY POWER
3321-REPORT.
3322-(a) INGENERAL.—As part of each annual report submitted
3323-under section 1202 of the National Defense Authorization Act for
3324-Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note)(commonly
3325-referred to as the ‘‘China Military Power report’’), the Secretary
3326-of Defense and Secretary of State, in consultation with the heads
3327-of such other Federal departments and agencies as the Secretary
3328-of Defense and Secretary of State may determine appropriate, shall
3329-include a component on emerging technological developments
3330-involving the People’s Republic of China.
3331-(b) M
3332-ATTERS.—Each report component referred to in subsection
3333-(a) shall include an identification and assessment of at least five
3334-fields of critical or emerging technologies in which the People’s
3335-Liberation Army is invested, or for which there are Military-Civil H. R. 815—61
3336-Fusion Development Strategy programs of the People’s Republic
3337-of China, including the following:
3338-(1) A brief summary of each such identified field and its
3339-relevance to the military power and national security of the
3340-People’s Republic of China.
3341-(2) The implications for the national security of the United
3342-States as a result of the leadership or dominance by the People’s
3343-Republic of China in each such identified field and associated
3344-supply chains.
3345-(3) The identification of at least 10 entities domiciled in,
3346-controlled by, or directed by the People’s Republic of China
3347-(including any subsidiaries of such entity), involved in each
3348-such identified field, and an assessment of, with respect to
3349-each such entity, the following:
3350-(A) Whether the entity has procured components from
3351-any known United States suppliers.
3352-(B) Whether any United States technology imported
3353-by the entity is controlled under United States regulations.
3354-(C) Whether United States capital is invested in the
3355-entity, either through known direct investment or passive
3356-investment flows.
3357-(D) Whether the entity has any connection to the Peo-
3358-ple’s Liberation Army, the Military-Civil Fusion program
3359-of the People’s Republic of China, or any other state-spon-
3360-sored initiatives of the People’s Republic of China to sup-
3361-port the development of national champions.
3362-(c) A
3363-PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
3364-this section, the term ‘‘appropriate congressional committees’’
3365-means—
3366-(1) the Committee on Foreign Affairs of the House of Rep-
3367-resentatives;
3368-(2) the Committee on Armed Services of the House of
3369-Representatives;
3370-(3) the Committee on Foreign Relations of the Senate;
3371-and
3372-(4) the Committee on Armed Services of the Senate.
3373-DIVISION H—PROTECTING AMERICANS
3374-FROM FOREIGN ADVERSARY CON-
3375-TROLLED APPLICATIONS ACT
3376-SEC. 1. SHORT TITLE.
3377-This division may be cited as the ‘‘Protecting Americans from
3378-Foreign Adversary Controlled Applications Act’’.
3379-SEC. 2. PROHIBITION OF FOREIGN ADVERSARY CONTROLLED
3380-APPLICATIONS.
3381-(a) INGENERAL.—
3382-(1) P
3383-ROHIBITION OF FOREIGN ADVERSARY CONTROLLED
3384-APPLICATIONS.—It shall be unlawful for an entity to distribute,
3385-maintain, or update (or enable the distribution, maintenance,
3386-or updating of) a foreign adversary controlled application by
3387-carrying out, within the land or maritime borders of the United
3388-States, any of the following: H. R. 815—62
3389-(A) Providing services to distribute, maintain, or
3390-update such foreign adversary controlled application
3391-(including any source code of such application) by means
3392-of a marketplace (including an online mobile application
3393-store) through which users within the land or maritime
3394-borders of the United States may access, maintain, or
3395-update such application.
3396-(B) Providing internet hosting services to enable the
3397-distribution, maintenance, or updating of such foreign
3398-adversary controlled application for users within the land
3399-or maritime borders of the United States.
3400-(2) A
3401-PPLICABILITY.—Subject to paragraph (3), this sub-
3402-section shall apply—
3403-(A) in the case of an application that satisfies the
3404-definition of a foreign adversary controlled application
3405-pursuant to subsection (g)(3)(A), beginning on the date
3406-that is 270 days after the date of the enactment of this
3407-division; and
3408-(B) in the case of an application that satisfies the
3409-definition of a foreign adversary controlled application
3410-pursuant to subsection (g)(3)(B), beginning on the date
3411-that is 270 days after the date of the relevant determination
3412-of the President under such subsection.
3413-(3) E
3414-XTENSION.—With respect to a foreign adversary con-
3415-trolled application, the President may grant a 1-time extension
3416-of not more than 90 days with respect to the date on which
3417-this subsection would otherwise apply to such application
3418-pursuant to paragraph (2), if the President certifies to Congress
3419-that—
3420-(A) a path to executing a qualified divestiture has
3421-been identified with respect to such application;
3422-(B) evidence of significant progress toward executing
3423-such qualified divestiture has been produced with respect
3424-to such application; and
3425-(C) there are in place the relevant binding legal agree-
3426-ments to enable execution of such qualified divestiture
3427-during the period of such extension.
3428-(b) D
3429-ATA AND INFORMATION PORTABILITY TO ALTERNATIVE
3430-A
3431-PPLICATIONS.—Before the date on which a prohibition under sub-
3432-section (a) applies to a foreign adversary controlled application,
3433-the entity that owns or controls such application shall provide,
3434-upon request by a user of such application within the land or
3435-maritime borders of United States, to such user all the available
3436-data related to the account of such user with respect to such
3437-application. Such data shall be provided in a machine readable
3438-format and shall include any data maintained by such application
3439-with respect to the account of such user, including content (including
3440-posts, photos, and videos) and all other account information.
3441-(c) E
3442-XEMPTIONS.—
3443-(1) E
3444-XEMPTIONS FOR QUALIFIED DIVESTITURES .—Subsection
3445-(a)—
3446-(A) does not apply to a foreign adversary controlled
3447-application with respect to which a qualified divestiture
3448-is executed before the date on which a prohibition under
3449-subsection (a) would begin to apply to such application;
3450-and H. R. 815—63
3451-(B) shall cease to apply in the case of a foreign
3452-adversary controlled application with respect to which a
3453-qualified divestiture is executed after the date on which
3454-a prohibition under subsection (a) applies to such applica-
3455-tion.
3456-(2) E
3457-XEMPTIONS FOR CERTAIN NECESSARY SERVICES .—Sub-
3458-sections (a) and (b) do not apply to services provided with
3459-respect to a foreign adversary controlled application that are
3460-necessary for an entity to attain compliance with such sub-
3461-sections.
3462-(d) E
3463-NFORCEMENT .—
3464-(1) C
3465-IVIL PENALTIES.—
3466-(A) F
3467-OREIGN ADVERSARY CONTROLLED APPLICATION VIO -
3468-LATIONS.—An entity that violates subsection (a) shall be
3469-subject to pay a civil penalty in an amount not to exceed
3470-the amount that results from multiplying $5,000 by the
3471-number of users within the land or maritime borders of
3472-the United States determined to have accessed, maintained,
3473-or updated a foreign adversary controlled application as
3474-a result of such violation.
3475-(B) D
3476-ATA AND INFORMATION VIOLATIONS .—An entity
3477-that violates subsection (b) shall be subject to pay a civil
3478-penalty in an amount not to exceed the amount that results
3479-from multiplying $500 by the number of users within the
3480-land or maritime borders of the United States affected
3481-by such violation.
3482-(2) A
3483-CTIONS BY ATTORNEY GENERAL .—The Attorney Gen-
3484-eral—
3485-(A) shall conduct investigations related to potential
3486-violations of subsection (a) or (b), and, if such an investiga-
3487-tion results in a determination that a violation has
3488-occurred, the Attorney General shall pursue enforcement
3489-under paragraph (1); and
3490-(B) may bring an action in an appropriate district
3491-court of the United States for appropriate relief, including
3492-civil penalties under paragraph (1) or declaratory and
3493-injunctive relief.
3494-(e) S
3495-EVERABILITY.—
3496-(1) I
3497-N GENERAL.—If any provision of this section or the
3498-application of this section to any person or circumstance is
3499-held invalid, the invalidity shall not affect the other provisions
3500-or applications of this section that can be given effect without
3501-the invalid provision or application.
3502-(2) S
3503-UBSEQUENT DETERMINATIONS .—If the application of
3504-any provision of this section is held invalid with respect to
3505-a foreign adversary controlled application that satisfies the
3506-definition of such term pursuant to subsection (g)(3)(A), such
3507-invalidity shall not affect or preclude the application of the
3508-same provision of this section to such foreign adversary con-
3509-trolled application by means of a subsequent determination
3510-pursuant to subsection (g)(3)(B).
3511-(f) R
3512-ULE OFCONSTRUCTION.—Nothing in this division may be
3513-construed—
3514-(1) to authorize the Attorney General to pursue enforce-
3515-ment, under this section, other than enforcement of subsection
3516-(a) or (b); H. R. 815—64
3517-(2) to authorize the Attorney General to pursue enforce-
3518-ment, under this section, against an individual user of a foreign
3519-adversary controlled application; or
3520-(3) except as expressly provided herein, to alter or affect
3521-any other authority provided by or established under another
3522-provision of Federal law.
3523-(g) D
3524-EFINITIONS.—In this section:
3525-(1) C
3526-ONTROLLED BY A FOREIGN ADVERSARY .—The term ‘‘con-
3527-trolled by a foreign adversary’’ means, with respect to a covered
3528-company or other entity, that such company or other entity
3529-is—
3530-(A) a foreign person that is domiciled in, is
3531-headquartered in, has its principal place of business in,
3532-or is organized under the laws of a foreign adversary
3533-country;
3534-(B) an entity with respect to which a foreign person
3535-or combination of foreign persons described in subpara-
3536-graph (A) directly or indirectly own at least a 20 percent
3537-stake; or
3538-(C) a person subject to the direction or control of a
3539-foreign person or entity described in subparagraph (A)
3540-or (B).
3541-(2) C
3542-OVERED COMPANY .—
3543-(A) I
3544-N GENERAL.—The term ‘‘covered company’’ means
3545-an entity that operates, directly or indirectly (including
3546-through a parent company, subsidiary, or affiliate), a
3547-website, desktop application, mobile application, or aug-
3548-mented or immersive technology application that—
3549-(i) permits a user to create an account or profile
3550-to generate, share, and view text, images, videos, real-
3551-time communications, or similar content;
3552-(ii) has more than 1,000,000 monthly active users
3553-with respect to at least 2 of the 3 months preceding
3554-the date on which a relevant determination of the
3555-President is made pursuant to paragraph (3)(B);
3556-(iii) enables 1 or more users to generate or dis-
3557-tribute content that can be viewed by other users of
3558-the website, desktop application, mobile application,
3559-or augmented or immersive technology application; and
3560-(iv) enables 1 or more users to view content gen-
3561-erated by other users of the website, desktop applica-
3562-tion, mobile application, or augmented or immersive
3563-technology application.
3564-(B) E
3565-XCLUSION.—The term ‘‘covered company’’ does not
3566-include an entity that operates a website, desktop applica-
3567-tion, mobile application, or augmented or immersive tech-
3568-nology application whose primary purpose is to allow users
3569-to post product reviews, business reviews, or travel
3570-information and reviews.
3571-(3) F
3572-OREIGN ADVERSARY CONTROLLED APPLICATION .—The
3573-term ‘‘foreign adversary controlled application’’ means a
3574-website, desktop application, mobile application, or augmented
3575-or immersive technology application that is operated, directly
3576-or indirectly (including through a parent company, subsidiary,
3577-or affiliate), by—
3578-(A) any of—
3579-(i) ByteDance, Ltd.; H. R. 815—65
3580-(ii) TikTok;
3581-(iii) a subsidiary of or a successor to an entity
3582-identified in clause (i) or (ii) that is controlled by
3583-a foreign adversary; or
3584-(iv) an entity owned or controlled, directly or
3585-indirectly, by an entity identified in clause (i), (ii),
3586-or (iii); or
3587-(B) a covered company that—
3588-(i) is controlled by a foreign adversary; and
3589-(ii) that is determined by the President to present
3590-a significant threat to the national security of the
3591-United States following the issuance of—
3592-(I) a public notice proposing such determina-
3593-tion; and
3594-(II) a public report to Congress, submitted not
3595-less than 30 days before such determination,
3596-describing the specific national security concern
3597-involved and containing a classified annex and
3598-a description of what assets would need to be
3599-divested to execute a qualified divestiture.
3600-(4) F
3601-OREIGN ADVERSARY COUNTRY .—The term ‘‘foreign
3602-adversary country’’ means a country specified in section
3603-4872(d)(2) of title 10, United States Code.
3604-(5) I
3605-NTERNET HOSTING SERVICE .—The term ‘‘internet
3606-hosting service’’ means a service through which storage and
3607-computing resources are provided to an individual or organiza-
3608-tion for the accommodation and maintenance of 1 or more
3609-websites or online services, and which may include file hosting,
3610-domain name server hosting, cloud hosting, and virtual private
3611-server hosting.
3612-(6) Q
3613-UALIFIED DIVESTITURE .—The term ‘‘qualified divesti-
3614-ture’’ means a divestiture or similar transaction that—
3615-(A) the President determines, through an interagency
3616-process, would result in the relevant foreign adversary
3617-controlled application no longer being controlled by a for-
3618-eign adversary; and
3619-(B) the President determines, through an interagency
3620-process, precludes the establishment or maintenance of
3621-any operational relationship between the United States
3622-operations of the relevant foreign adversary controlled
3623-application and any formerly affiliated entities that are
3624-controlled by a foreign adversary, including any cooperation
3625-with respect to the operation of a content recommendation
3626-algorithm or an agreement with respect to data sharing.
3627-(7) S
3628-OURCE CODE.—The term ‘‘source code’’ means the com-
3629-bination of text and other characters comprising the content,
3630-both viewable and nonviewable, of a software application,
3631-including any publishing language, programming language, pro-
3632-tocol, or functional content, as well as any successor languages
3633-or protocols.
3634-(8) U
3635-NITED STATES.—The term ‘‘United States’’ includes
3636-the territories of the United States.
3637-SEC. 3. JUDICIAL REVIEW.
3638-(a) RIGHT OFACTION.—A petition for review challenging this
3639-division or any action, finding, or determination under this division H. R. 815—66
3640-may be filed only in the United States Court of Appeals for the
3641-District of Columbia Circuit.
3642-(b) E
3643-XCLUSIVEJURISDICTION.—The United States Court of
3644-Appeals for the District of Columbia Circuit shall have exclusive
3645-jurisdiction over any challenge to this division or any action, finding,
3646-or determination under this division.
3647-(c) S
3648-TATUTE OF LIMITATIONS.—A challenge may only be
3649-brought—
3650-(1) in the case of a challenge to this division, not later
3651-than 165 days after the date of the enactment of this division;
3652-and
3653-(2) in the case of a challenge to any action, finding, or
3654-determination under this division, not later than 90 days after
3655-the date of such action, finding, or determination.
3656-DIVISION I—PROTECTING AMERICANS’
3657-DATA FROM FOREIGN ADVERSARIES
3658-ACT OF 2024
3659-SEC. 1. SHORT TITLE.
3660-This division may be cited as the ‘‘Protecting Americans’ Data
3661-from Foreign Adversaries Act of 2024’’.
3662-SEC. 2. PROHIBITION ON TRANSFER OF PERSONALLY IDENTIFIABLE
3663-SENSITIVE DATA OF UNITED STATES INDIVIDUALS TO FOR-
3664-EIGN ADVERSARIES.
3665-(a) PROHIBITION.—It shall be unlawful for a data broker to
3666-sell, license, rent, trade, transfer, release, disclose, provide access
3667-to, or otherwise make available personally identifiable sensitive
3668-data of a United States individual to—
3669-(1) any foreign adversary country; or
3670-(2) any entity that is controlled by a foreign adversary.
3671-(b) E
3672-NFORCEMENT BY FEDERALTRADECOMMISSION.—
3673-(1) U
3674-NFAIR OR DECEPTIVE ACTS OR PRACTICES .—A violation
3675-of this section shall be treated as a violation of a rule defining
3676-an unfair or a deceptive act or practice under section 18(a)(1)(B)
3677-of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
3678-(2) P
3679-OWERS OF COMMISSION .—
3680-(A) I
3681-N GENERAL.—The Commission shall enforce this
3682-section in the same manner, by the same means, and
3683-with the same jurisdiction, powers, and duties as though
3684-all applicable terms and provisions of the Federal Trade
3685-Commission Act (15 U.S.C. 41 et seq.) were incorporated
3686-into and made a part of this section.
3687-(B) P
3688-RIVILEGES AND IMMUNITIES .—Any person who vio-
3689-lates this section shall be subject to the penalties and
3690-entitled to the privileges and immunities provided in the
3691-Federal Trade Commission Act.
3692-(3) A
3693-UTHORITY PRESERVED .—Nothing in this section may
3694-be construed to limit the authority of the Commission under
3695-any other provision of law.
3696-(c) D
3697-EFINITIONS.—In this section:
3698-(1) C
3699-OMMISSION.—The term ‘‘Commission’’ means the Fed-
3700-eral Trade Commission. H. R. 815—67
3701-(2) C
3702-ONTROLLED BY A FOREIGN ADVERSARY .—The term ‘‘con-
3703-trolled by a foreign adversary’’ means, with respect to an indi-
3704-vidual or entity, that such individual or entity is—
3705-(A) a foreign person that is domiciled in, is
3706-headquartered in, has its principal place of business in,
3707-or is organized under the laws of a foreign adversary
3708-country;
3709-(B) an entity with respect to which a foreign person
3710-or combination of foreign persons described in subpara-
3711-graph (A) directly or indirectly own at least a 20 percent
3712-stake; or
3713-(C) a person subject to the direction or control of a
3714-foreign person or entity described in subparagraph (A)
3715-or (B).
3716-(3) D
3717-ATA BROKER.—
3718-(A) I
3719-N GENERAL.—The term ‘‘data broker’’ means an
3720-entity that, for valuable consideration, sells, licenses, rents,
3721-trades, transfers, releases, discloses, provides access to,
3722-or otherwise makes available data of United States individ-
3723-uals that the entity did not collect directly from such
3724-individuals to another entity that is not acting as a service
3725-provider.
3726-(B) E
3727-XCLUSION.—The term ‘‘data broker’’ does not
3728-include an entity to the extent such entity—
3729-(i) is transmitting data of a United States indi-
3730-vidual, including communications of such an indi-
3731-vidual, at the request or direction of such individual;
3732-(ii) is providing, maintaining, or offering a product
3733-or service with respect to which personally identifiable
3734-sensitive data, or access to such data, is not the product
3735-or service;
3736-(iii) is reporting or publishing news or information
3737-that concerns local, national, or international events
3738-or other matters of public interest;
3739-(iv) is reporting, publishing, or otherwise making
3740-available news or information that is available to the
3741-general public—
3742-(I) including information from—
3743-(aa) a book, magazine, telephone book, or
3744-online directory;
3745-(bb) a motion picture;
3746-(cc) a television, internet, or radio pro-
3747-gram;
3748-(dd) the news media; or
3749-(ee) an internet site that is available to
3750-the general public on an unrestricted basis;
3751-and
3752-(II) not including an obscene visual depiction
3753-(as such term is used in section 1460 of title 18,
3754-United States Code); or
3755-(v) is acting as a service provider.
3756-(4) F
3757-OREIGN ADVERSARY COUNTRY .—The term ‘‘foreign
3758-adversary country’’ means a country specified in section
3759-4872(d)(2) of title 10, United States Code.
3760-(5) P
3761-ERSONALLY IDENTIFIABLE SENSITIVE DATA .—The term
3762-‘‘personally identifiable sensitive data’’ means any sensitive
3763-data that identifies or is linked or reasonably linkable, alone H. R. 815—68
3764-or in combination with other data, to an individual or a device
3765-that identifies or is linked or reasonably linkable to an indi-
3766-vidual.
3767-(6) P
3768-RECISE GEOLOCATION INFORMATION .—The term ‘‘precise
3769-geolocation information’’ means information that—
3770-(A) is derived from a device or technology of an indi-
3771-vidual; and
3772-(B) reveals the past or present physical location of
3773-an individual or device that identifies or is linked or reason-
3774-ably linkable to 1 or more individuals, with sufficient preci-
3775-sion to identify street level location information of an indi-
3776-vidual or device or the location of an individual or device
3777-within a range of 1,850 feet or less.
3778-(7) S
3779-ENSITIVE DATA.—The term ‘‘sensitive data’’ includes
3780-the following:
3781-(A) A government-issued identifier, such as a Social
3782-Security number, passport number, or driver’s license
3783-number.
3784-(B) Any information that describes or reveals the past,
3785-present, or future physical health, mental health, disability,
3786-diagnosis, or healthcare condition or treatment of an indi-
3787-vidual.
3788-(C) A financial account number, debit card number,
3789-credit card number, or information that describes or reveals
3790-the income level or bank account balances of an individual.
3791-(D) Biometric information.
3792-(E) Genetic information.
3793-(F) Precise geolocation information.
3794-(G) An individual’s private communications such as
3795-voicemails, emails, texts, direct messages, mail, voice
3796-communications, and video communications, or information
3797-identifying the parties to such communications or per-
3798-taining to the transmission of such communications,
3799-including telephone numbers called, telephone numbers
3800-from which calls were placed, the time calls were made,
3801-call duration, and location information of the parties to
3802-the call.
3803-(H) Account or device log-in credentials, or security
3804-or access codes for an account or device.
3805-(I) Information identifying the sexual behavior of an
3806-individual.
3807-(J) Calendar information, address book information,
3808-phone or text logs, photos, audio recordings, or videos,
3809-maintained for private use by an individual, regardless
3810-of whether such information is stored on the individual’s
3811-device or is accessible from that device and is backed
3812-up in a separate location.
3813-(K) A photograph, film, video recording, or other
3814-similar medium that shows the naked or undergarment-
3815-clad private area of an individual.
3816-(L) Information revealing the video content requested
3817-or selected by an individual.
3818-(M) Information about an individual under the age
3819-of 17.
3820-(N) An individual’s race, color, ethnicity, or religion.
3821-(O) Information identifying an individual’s online
3822-activities over time and across websites or online services. H. R. 815—69
3823-(P) Information that reveals the status of an individual
3824-as a member of the Armed Forces.
3825-(Q) Any other data that a data broker sells, licenses,
3826-rents, trades, transfers, releases, discloses, provides access
3827-to, or otherwise makes available to a foreign adversary
3828-country, or entity that is controlled by a foreign adversary,
3829-for the purpose of identifying the types of data listed in
3830-subparagraphs (A) through (P).
3831-(8) S
3832-ERVICE PROVIDER.—The term ‘‘service provider’’ means
3833-an entity that—
3834-(A) collects, processes, or transfers data on behalf of,
3835-and at the direction of—
3836-(i) an individual or entity that is not a foreign
3837-adversary country or controlled by a foreign adversary;
3838-or
3839-(ii) a Federal, State, Tribal, territorial, or local
3840-government entity; and
3841-(B) receives data from or on behalf of an individual
3842-or entity described in subparagraph (A)(i) or a Federal,
3843-State, Tribal, territorial, or local government entity.
3844-(9) U
3845-NITED STATES INDIVIDUAL .—The term ‘‘United States
3846-individual’’ means a natural person residing in the United
3847-States.
3848-(d) E
3849-FFECTIVEDATE.—This section shall take effect on the
3850-date that is 60 days after the date of the enactment of this division.
3851-DIVISION J—SHIP ACT
3852-SEC. 1. SHORT TITLE.
3853-This division may be cited as the ‘‘Stop Harboring Iranian
3854-Petroleum Act’’ or the ‘‘SHIP Act’’.
3855-SEC. 2. STATEMENT OF POLICY.
3856-It is the policy of the United States—
3857-(1) to deny Iran the ability to engage in destabilizing activi-
3858-ties, support international terrorism, fund the development and
3859-acquisition of weapons of mass destruction and the means
3860-to deliver such weapons by limiting export of petroleum and
3861-petroleum products by Iran;
3862-(2) to deny Iran funds to oppress and commit human rights
3863-violations against the Iranian people assembling to peacefully
3864-redress the Iranian regime;
3865-(3) to fully enforce sanctions against those entities which
3866-provide support to the Iranian energy sector; and
3867-(4) to counter Iran’s actions to finance and facilitate the
3868-participation of foreign terrorist organizations in ongoing con-
3869-flicts and illicit activities due to the threat such actions pose
3870-to the vital national interests of the United States.
3871-SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN
3872-PETROLEUM.
3873-(a) INGENERAL.—On and after the date that is 180 days
3874-after the date of the enactment of this division, and except as
3875-provided in subsection (e)(2), the President shall impose the sanc-
3876-tions described in subsection (c) with respect to each foreign person
3877-that the President determines knowingly engaged, on or after such
3878-date of enactment, in an activity described in subsection (b). H. R. 815—70
3879-(b) A
3880-CTIVITIESDESCRIBED.—A foreign person engages in an
3881-activity described in this subsection if the foreign person—
3882-(1) owns or operates a foreign port at which, on or after
3883-the date of the enactment of this division, such person know-
3884-ingly permits to dock a vessel—
3885-(A) that is included on the list of specially designated
3886-nationals and blocked persons maintained by the Office
3887-of Foreign Assets Control of the Department of the
3888-Treasury for transporting Iranian crude oil or petroleum
3889-products; or
3890-(B) of which the operator or owner of such vessel
3891-otherwise knowingly engages in a significant transaction
3892-involving such vessel to transport, offload, or deal in signifi-
3893-cant transactions in condensate, refined, or unrefined petro-
3894-leum products, or other petrochemical products originating
3895-from the Islamic Republic of Iran;
3896-(2) owns or operates a vessel through which such owner
3897-knowingly conducts a ship to ship transfer involving a signifi-
3898-cant transaction of any petroleum product originating from
3899-the Islamic Republic of Iran;
3900-(3) owns or operates a refinery through which such owner
3901-knowingly engages in a significant transaction to process,
3902-refine, or otherwise deal in any petroleum product originating
3903-from the Islamic Republic of Iran;
3904-(4) is a covered family member of a foreign person described
3905-in paragraph (1), (2), or (3); or
3906-(5) is owned or controlled by a foreign person described
3907-in paragraph (1), (2), or (3), and knowingly engages in an
3908-activity described in paragraph (1), (2), or (3).
3909-(c) S
3910-ANCTIONSDESCRIBED.—The sanctions described in this sub-
3911-section with respect to a foreign person described in subsection
3912-(a) are the following:
3913-(1) S
3914-ANCTIONS ON FOREIGN VESSELS .—Subject to such regu-
3915-lations as the President may prescribe, the President may
3916-prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B)
3917-from landing at any port in the United States—
3918-(A) with respect to a vessel described in subsection
3919-(b)(1)(A), for a period of not more than 2 years beginning
3920-on the date on which the President imposes sanctions with
3921-respect to a related foreign port described in subsection
3922-(b)(1)(A); and
3923-(B) with respect to a vessel described in subsection
3924-(b)(1)(B), for a period of not more than 2 years.
3925-(2) B
3926-LOCKING OF PROPERTY .—The President shall exercise
3927-all of the powers granted to the President under the Inter-
3928-national Emergency Economic Powers Act (50 U.S.C. 1701 et
3929-seq.) to the extent necessary to block and prohibit all trans-
3930-actions in property and interests in property of the foreign
3931-person if such property and interests in property are in the
3932-United States, come within the United States, or are or come
3933-within the possession or control of a United States person.
3934-(3) I
3935-NELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—
3936-(A) V
3937-ISAS, ADMISSION, OR PAROLE.—An alien described
3938-in subsection (a) is—
3939-(i) inadmissible to the United States;
3940-(ii) ineligible to receive a visa or other documenta-
3941-tion to enter the United States; and H. R. 815—71
3942-(iii) otherwise ineligible to be admitted or paroled
3943-into the United States or to receive any other benefit
3944-under the Immigration and Nationality Act (8 U.S.C.
3945-1101 et seq.).
3946-(B) C
3947-URRENT VISAS REVOKED .—
3948-(i) I
3949-N GENERAL.—An alien described in subsection
3950-(a) is subject to revocation of any visa or other entry
3951-documentation regardless of when the visa or other
3952-entry documentation is or was issued.
3953-(ii) I
3954-MMEDIATE EFFECT .—A revocation under clause
3955-(i) shall take effect immediately and automatically
3956-cancel any other valid visa or entry documentation
3957-that is in the alien’s possession.
3958-(C) E
3959-XCEPTIONS.—Sanctions under this paragraph shall
3960-not apply with respect to an alien if admitting or paroling
3961-the alien into the United States is necessary—
3962-(i) to permit the United States to comply with
3963-the Agreement regarding the Headquarters of the
3964-United Nations, signed at Lake Success June 26, 1947,
3965-and entered into force November 21, 1947, between
3966-the United Nations and the United States, or other
3967-applicable international obligations; or
3968-(ii) to carry out or assist law enforcement activity
3969-in the United States.
3970-(4) P
3971-ENALTIES.—The penalties provided for in subsections
3972-(b) and (c) of section 206 of the International Emergency Eco-
3973-nomic Powers Act (50 U.S.C. 1705) shall apply to a person
3974-that violates, attempts to violate, conspires to violate, or causes
3975-a violation of this section or any regulations promulgated to
3976-carry out this section to the same extent that such penalties
3977-apply to a person that commits an unlawful act described
3978-in section 206(a) of that Act.
3979-(d) R
3980-ULES OFCONSTRUCTION.—
3981-(1) For purposes of determinations under subsection (a)
3982-that a foreign person engaged in activities described in sub-
3983-section (b), a foreign person shall not be determined to know
3984-that petroleum or petroleum products originated from Iran
3985-if such person relied on a certificate of origin or other docu-
3986-mentation confirming that the origin of the petroleum or petro-
3987-leum products was a country other than Iran, unless such
3988-person knew or had reason to know that such documentation
3989-was falsified.
3990-(2) Nothing in this division shall be construed to affect
3991-the availability of any existing authorities to issue waivers,
3992-exceptions, exemptions, licenses, or other authorization.
3993-(e) I
3994-MPLEMENTATION ; REGULATIONS.—
3995-(1) I
3996-N GENERAL.—The President may exercise all authorities
3997-under sections 203 and 205 of the International Emergency
3998-Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes
3999-of carrying out this section.
4000-(2) D
4001-EADLINE FOR REGULATIONS .—Not later than 180 days
4002-after the date of the enactment of this division, the President
4003-shall prescribe such regulations as may be necessary for the
4004-implementation of this division.
4005-(3) N
4006-OTIFICATION TO CONGRESS .—Not later than 10 days
4007-before the prescription of regulations under paragraph (2), the H. R. 815—72
4008-President shall brief and provide written notification to the
4009-appropriate congressional committees regarding—
4010-(A) the proposed regulations; and
4011-(B) the specific provisions of this division that the
4012-regulations are implementing.
4013-(f) E
4014-XCEPTION FORHUMANITARIAN ASSISTANCE.—
4015-(1) I
4016-N GENERAL.—Sanctions under this section shall not
4017-apply to—
4018-(A) the conduct or facilitation of a transaction for the
4019-provision of agricultural commodities, food, medicine, med-
4020-ical devices, or humanitarian assistance, or for humani-
4021-tarian purposes; or
4022-(B) transactions that are necessary for or related to
4023-the activities described in subparagraph (A).
4024-(2) D
4025-EFINITIONS.—In this subsection:
4026-(A) A
4027-GRICULTURAL COMMODITY .—The term ‘‘agricul-
4028-tural commodity’’ has the meaning given that term in sec-
4029-tion 102 of the Agricultural Trade Act of 1978 (7 U.S.C.
4030-5602).
4031-(B) M
4032-EDICAL DEVICE.—The term ‘‘medical device’’ has
4033-the meaning given the term ‘‘device’’ in section 201 of
4034-the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
4035-(C) M
4036-EDICINE.—The term ‘‘medicine’’ has the meaning
4037-given the term ‘‘drug’’ in section 201 of the Federal Food,
4038-Drug, and Cosmetic Act (21 U.S.C. 321).
4039-(g) E
4040-XCEPTION FOR SAFETY OFVESSELS ANDCREW.—Sanctions
4041-under this section shall not apply with respect to a person providing
4042-provisions to a vessel otherwise subject to sanctions under this
4043-section if such provisions are intended for the safety and care
4044-of the crew aboard the vessel, the protection of human life aboard
4045-the vessel, or the maintenance of the vessel to avoid any environ-
4046-mental or other significant damage.
4047-(h) W
4048-AIVER.—
4049-(1) I
4050-N GENERAL.—The President may, on a case-by-case
4051-basis and for periods not to exceed 180 days each, waive the
4052-application of sanctions imposed with respect to a foreign person
4053-under this section if the President certifies to the appropriate
4054-congressional committees, not later than 15 days after such
4055-waiver is to take effect, that the waiver is vital to the national
4056-interests of the United States.
4057-(2) S
4058-PECIAL RULE.—The President shall not be required
4059-to impose sanctions under this section with respect to a foreign
4060-person described in subsection (a) if the President certifies
4061-in writing to the appropriate congressional committees that
4062-the foreign person—
4063-(A) is no longer engaging in activities described in
4064-subsection (b); or
4065-(B) has taken and is continuing to take significant,
4066-verifiable steps toward permanently terminating such
4067-activities.
4068-(i) T
4069-ERMINATION.—The authorities provided by this section shall
4070-cease to have effect on and after the date that is 30 days after
4071-the date on which the President certifies to the appropriate congres-
4072-sional committees that—
4073-(1) the Government of Iran no longer repeatedly provides
4074-support for international terrorism as determined by the Sec-
4075-retary of State pursuant to— H. R. 815—73
4076-(A) section 1754(c)(1)(A) of the Export Control Reform
4077-Act of 2018 (50 U.S.C. 4318(c)(1)(A));
4078-(B) section 620A of the Foreign Assistance Act of 1961
4079-(22 U.S.C. 2371);
4080-(C) section 40 of the Arms Export Control Act (22
4081-U.S.C. 2780); or
4082-(D) any other provision of law; and
4083-(2) Iran has ceased the pursuit, acquisition, and develop-
4084-ment of, and verifiably dismantled, its nuclear, biological, and
4085-chemical weapons, ballistic missiles, and ballistic missile launch
4086-technology.
4087-SEC. 4. REPORT ON IRANIAN PETROLEUM AND PETROLEUM PROD-
4088-UCTS EXPORTS.
4089-(a) INGENERAL.—Not later than 120 days after the date of
4090-enactment of this division, and annually thereafter until the date
4091-described in subsection (d), the Administrator of the Energy
4092-Information Administration shall submit to the appropriate congres-
4093-sional committees a report describing Iran’s growing exports of
4094-petroleum and petroleum products, that includes the following:
4095-(1) An analysis of Iran’s exports and sale of petroleum
4096-and petroleum products, including—
4097-(A) an estimate of Iran’s petroleum export and sale
4098-revenue per year since 2018;
4099-(B) an estimate of Iran’s petroleum export and sale
4100-revenue to China per year since 2018;
4101-(C) the amount of petroleum and crude oil barrels
4102-exported per year since 2018;
4103-(D) the amount of petroleum and crude oil barrels
4104-exported to China per year since 2018;
4105-(E) the amount of petroleum and crude oil barrels
4106-exported to countries other than China per year since 2018;
4107-(F) the average price per petroleum and crude oil barrel
4108-exported per year since 2018; and
4109-(G) the average price per petroleum and crude oil
4110-barrel exported to China per year since 2018.
4111-(2) An analysis of Iran’s labeling practices of exported
4112-petroleum and petroleum products.
4113-(3) A description of companies involved in the exporting
4114-and sale of Iranian petroleum and petroleum products.
4115-(4) A description of ships involved in the exporting and
4116-sale of Iranian petroleum and petroleum products.
4117-(5) A description of ports involved in the exporting and
4118-sale of Iranian petroleum and petroleum products.
4119-(b) F
4120-ORM.—The report required by subsection (a) shall be sub-
4121-mitted in unclassified form but may include a classified annex.
4122-(c) P
4123-UBLICATION.—The unclassified portion of the report
4124-required by subsection (a) shall be posted on a publicly available
4125-website of the Energy Information Administration.
4126-(d) T
4127-ERMINATION.—The requirement to submit reports under
4128-this section shall be terminated on the date on which the President
4129-makes the certification described in section 3(i).
4130-SEC. 5. STRATEGY TO COUNTER ROLE OF THE PEOPLE’S REPUBLIC
4131-OF CHINA IN EVASION OF SANCTIONS WITH RESPECT TO
4132-IRAN.
4133-(a) INGENERAL.—Not later than 120 days after the date of
4134-the enactment of this division, the Secretary of State, in consultation H. R. 815—74
4135-with the heads of other appropriate Federal agencies, shall submit
4136-to the appropriate congressional committees a written strategy,
4137-and provide to those committees an accompanying briefing, on
4138-the role of the People’s Republic of China in evasion of sanctions
4139-imposed by the United States with respect to Iranian-origin petro-
4140-leum products that includes an assessment of options—
4141-(1) to strengthen the enforcement of such sanctions; and
4142-(2) to expand sanctions designations targeting the involve-
4143-ment of the People’s Republic of China in the production,
4144-transportation, storage, refining, and sale of Iranian-origin
4145-petroleum products.
4146-(b) E
4147-LEMENTS.—The strategy required by subsection (a) shall
4148-include—
4149-(1) a description and assessment of the use of sanctions
4150-in effect before the date of the enactment of this division
4151-to target individuals and entities of the People’s Republic of
4152-China that are directly or indirectly associated with smuggling
4153-of Iranian-origin petroleum products;
4154-(2) an assessment of—
4155-(A) Iranian-owned entities operating in the People’s
4156-Republic of China and involved in petroleum refining
4157-supply chains;
4158-(B) the People’s Republic of China’s role in global petro-
4159-leum refining supply chains;
4160-(C) how the People’s Republic of China leverages its
4161-role in global petroleum supply chains to achieve political
4162-objectives;
4163-(D) the People’s Republic of China’s petroleum
4164-importing and exporting partners;
4165-(E) what percent of the People’s Republic of China’s
4166-energy consumption is linked to illegally imported Iranian-
4167-origin petroleum products; and
4168-(F) what level of influence the Chinese Communist
4169-Party holds over non-state, semi-independent ‘‘teapot’’
4170-refineries;
4171-(3) a detailed plan for—
4172-(A) monitoring the maritime domain for sanctionable
4173-activity related to smuggling of Iranian-origin petroleum
4174-products;
4175-(B) identifying the individuals, entities, and vessels
4176-engaging in sanctionable activity related to Iranian-origin
4177-petroleum products, including—
4178-(i) vessels—
4179-(I) transporting petrochemicals subject to sanc-
4180-tions;
4181-(II) conducting ship-to-ship transfers of such
4182-petrochemicals;
4183-(III) with deactivated automatic identification
4184-systems; or
4185-(IV) that engage in ‘‘flag hopping’’ by changing
4186-national registries;
4187-(ii) individuals or entities—
4188-(I) storing petrochemicals subject to sanctions;
4189-or
4190-(II) refining or otherwise processing such
4191-petrochemicals; and H. R. 815—75
4192-(iii) through the use of port entry and docking
4193-permission of vessels subject to sanctions;
4194-(C) deterring individuals and entities from violating
4195-sanctions by educating and engaging—
4196-(i) insurance providers;
4197-(ii) parent companies; and
4198-(iii) vessel operators;
4199-(D) collaborating with allies and partners of the United
4200-States engaged in the Arabian Peninsula, including
4201-through standing or new maritime task forces, to build
4202-sanctions enforcement capacity through assistance and
4203-training to defense and law enforcement services; and
4204-(E) using public communications and global diplomatic
4205-engagements to highlight the role of illicit petroleum
4206-product smuggling in bolstering Iran’s support for terrorism
4207-and its nuclear program; and
4208-(4) an assessment of—
4209-(A) the total number of vessels smuggling Iranian-
4210-origin petroleum products;
4211-(B) the total number of vessels smuggling such petro-
4212-leum products destined for the People’s Republic of China;
4213-(C) the number of vessels smuggling such petroleum
4214-products specifically from the Islamic Revolutionary Guard
4215-Corps;
4216-(D) interference by the People’s Republic of China with
4217-attempts by the United States to investigate or enforce
4218-sanctions on illicit Iranian petroleum product exports;
4219-(E) the effectiveness of the use of sanctions with respect
4220-to insurers of entities that own or operate vessels involved
4221-in smuggling Iranian-origin petroleum products;
4222-(F) the personnel and resources needed to enforce sanc-
4223-tions with respect to Iranian-origin petroleum products;
4224-and
4225-(G) the impact of smuggled illicit Iranian-origin petro-
4226-leum products on global energy markets.
4227-(c) F
4228-ORM.—The strategy required by subsection (a) shall be
4229-submitted in unclassified form, but may include a classified index.
4230-SEC. 6. DEFINITIONS.
4231-In this division:
4232-(1) A
4233-PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
4234-‘‘appropriate congressional committees’’ means—
4235-(A) the Committee on Foreign Affairs, the Committee
4236-on the Judiciary, and the Committee on Financial Services
4237-of the House of Representatives; and
4238-(B) the Committee on Foreign Relations, the Com-
4239-mittee on the Judiciary, and the Committee on Banking,
4240-Housing, and Urban Affairs of the Senate.
4241-(2) C
4242-OVERED FAMILY MEMBER .—The term ‘‘covered family
4243-member’’, with respect to a foreign person who is an individual,
4244-means a spouse, adult child, parent, or sibling of the person
4245-who engages in the sanctionable activity described under sec-
4246-tion 3 or who demonstrably benefits from such activity. H. R. 815—76
4247-DIVISION K—FIGHT CRIME ACT
4248-SEC. 1. SHORT TITLE.
4249-This division may be cited as the ‘‘Fight and Combat Rampant
4250-Iranian Missile Exports Act’’ or the ‘‘Fight CRIME Act’’.
4251-SEC. 2. FINDINGS.
4252-Congress makes the following findings:
4253-(1) Annex B to United Nations Security Council Resolution
4254-2231 (2015) restricts certain missile-related activities and trans-
4255-fers to and from Iran, including all items, materials, equipment,
4256-goods, and technology set out in the Missile Technology Control
4257-Regime Annex, absent advance, case-by-case approval from the
4258-United Nations Security Council.
4259-(2) Iran has transferred Shahed and Mohajer drones, cov-
4260-ered under the Missile Technology Control Regime Annex, to
4261-the Russian Federation, the Government of Ethiopia, and other
4262-Iran-aligned entities, including the Houthis in Yemen and
4263-militia units in Iraq, without prior authorization from the
4264-United Nations Security Council, in violation of the restrictions
4265-set forth in Annex B to United Nations Security Council Resolu-
4266-tion 2231.
4267-(3) Certain missile-related restrictions in Annex B to
4268-United Nations Security Council Resolution 2231 expired in
4269-October 2023, removing international legal restrictions on mis-
4270-sile-related activities and transfers to and from Iran.
4271-SEC. 3. STATEMENT OF POLICY.
4272-It is the policy of the United States—
4273-(1) to urgently seek the extension of missile-related restric-
4274-tions set forth in Annex B to United Nations Security Council
4275-Resolution 2231 (2015);
4276-(2) to use all available authorities to constrain Iran’s
4277-domestic ballistic missile production capabilities;
4278-(3) to combat and deter the transfer of conventional and
4279-non-conventional arms, equipment, material, and technology
4280-to, or from Iran, or involving the Government of Iran; and
4281-(4) to ensure countries, individuals, and entities engaged
4282-in, or attempting to engage in, the acquisition, facilitation,
4283-or development of arms and related components and technology
4284-subject to restrictions under Annex B to United Nations Secu-
4285-rity Council Resolution 2231 are held to account under United
4286-States and international law, including through the application
4287-and enforcement of sanctions and use of export controls, regard-
4288-less of whether the restrictions under Annex B to United
4289-Nations Security Council Resolution 2231 remain in effect fol-
4290-lowing their anticipated expiration in October 2023.
4291-SEC. 4. REPORT.
4292-(a) INGENERAL.—Not later than 90 days after the date of
4293-the enactment of this division, and annually thereafter for two
4294-years, the Secretary of State, in coordination with the heads of
4295-other appropriate Federal agencies, shall submit to the appropriate
4296-congressional committees an unclassified report, with a classified
4297-annex if necessary, that includes the following:
4298-(1) A diplomatic strategy to secure the renewal of inter-
4299-national restrictions on certain missile-related activities, H. R. 815—77
4300-including transfers to and from Iran set forth in Annex B
4301-to United Nations Security Council Resolution 2231 (2015).
4302-(2) An analysis of how the expiration of missile-related
4303-restrictions set forth in Annex B to United Nations Security
4304-Council Resolution 2231 impacts the Government of Iran’s arms
4305-proliferation and malign activities, including as the restrictions
4306-relate to cooperation with, and support for, Iran-aligned entities
4307-and allied countries.
4308-(3) An assessment of the revenue, or in-kind benefits,
4309-accrued by the Government of Iran, or Iran-aligned entities,
4310-as a result of a lapse in missile-related restrictions set forth
4311-in Annex B to United Nations Security Council Resolution
4312-2231.
4313-(4) A detailed description of a United States strategy to
4314-deter, prevent, and disrupt the sale, purchase, or transfer of
4315-covered technology involving Iran absent restrictions pursuant
4316-to Annex B to United Nations Security Council Resolution
4317-2231.
4318-(5) An identification of any foreign person engaging in,
4319-enabling, or otherwise facilitating any activity involving Iran
4320-restricted under Annex B to United Nations Security Council
4321-Resolution 2231, regardless of whether such restrictions remain
4322-in effect after October 2023.
4323-(6) A description of actions by the United Nations and
4324-other multilateral organizations, including the European Union,
4325-to hold accountable foreign persons that have violated the
4326-restrictions set forth in Annex B to United Nations Security
4327-Council Resolution 2231, and efforts to prevent further viola-
4328-tions of such restrictions.
4329-(7) A description of actions by individual member states
4330-of the United Nations Security Council to hold accountable
4331-foreign persons that have violated restrictions set forth in
4332-Annex B to United Nations Security Council Resolution 2231
4333-and efforts to prevent further violations of such restrictions.
4334-(8) A description of actions by the People’s Republic of
4335-China, the Russian Federation, or any other country to prevent,
4336-interfere with, or undermine efforts to hold accountable foreign
4337-persons that have violated the restrictions set forth in Annex
4338-B to United Nations Security Council Resolution 2231,
4339-including actions to restrict United Nations-led investigations
4340-into suspected violations of such restrictions, or limit funding
4341-to relevant United Nations offices or experts.
4342-(9) An analysis of the foreign and domestic supply chains
4343-in Iran that directly or indirectly facilitate, support, or other-
4344-wise aid the Government of Iran’s drone or missile program,
4345-including storage, transportation, or flight-testing of related
4346-goods, technology, or components.
4347-(10) An identification of any foreign person, or network
4348-containing foreign persons, that enables, supports, or otherwise
4349-facilitates the operations or maintenance of any Iranian airline
4350-subject to United States sanctions or export control restrictions.
4351-(11) An assessment of how the continued operation of Ira-
4352-nian airlines subject to United States sanctions or export control
4353-restrictions impacts the Government of Iran’s ability to trans-
4354-port or develop arms, including covered technology.
4355-(b) S
4356-COPE.—The initial report required by subsection (a) shall
4357-address the period beginning on January 1, 2021, and ending on H. R. 815—78
4358-the date that is 90 days after date of the enactment of this division,
4359-and each subsequent report shall address the one-year period fol-
4360-lowing the conclusion of the prior report.
4361-SEC. 5. SANCTIONS TO COMBAT THE PROLIFERATION OF IRANIAN
4362-MISSILES.
4363-(a) INGENERAL.—The sanctions described in subsection (b)
4364-shall apply to any foreign person the President determines, on
4365-or after the date of the enactment of this division—
4366-(1) knowingly engages in any effort to acquire, possess,
4367-develop, transport, transfer, or deploy covered technology to,
4368-from, or involving the Government of Iran or Iran-aligned enti-
4369-ties, regardless of whether the restrictions set forth in Annex
4370-B to United Nations Security Council Resolution 2231 (2015)
4371-remain in effect after October 2023;
4372-(2) knowingly provides entities owned or controlled by the
4373-Government of Iran or Iran-aligned entities with goods, tech-
4374-nology, parts, or components, that may contribute to the
4375-development of covered technology;
4376-(3) knowingly participates in joint missile or drone develop-
4377-ment, including development of covered technology, with the
4378-Government of Iran or Iran-aligned entities, including technical
4379-training, storage, and transport;
4380-(4) knowingly imports, exports, or re-exports to, into, or
4381-from Iran, whether directly or indirectly, any significant arms
4382-or related materiel prohibited under paragraph (5) or (6) to
4383-Annex B of United Nations Security Council Resolution 2231
4384-(2015) as of April 1, 2023;
4385-(5) knowingly provides significant financial, material, or
4386-technological support to, or knowingly engages in a significant
4387-transaction with, a foreign person subject to sanctions for con-
4388-duct described in paragraph (1), (2), (3), or (4); or
4389-(6) is an adult family member of a person subject to sanc-
4390-tions for conduct described in paragraph (1), (2), (3), or (4).
4391-(b) S
4392-ANCTIONSDESCRIBED.—The sanctions described in this
4393-subsection are the following:
4394-(1) B
4395-LOCKING OF PROPERTY .—The President shall exercise
4396-all authorities granted under the International Emergency Eco-
4397-nomic Powers Act (50 U.S.C. 1701 et seq.) to the extent nec-
4398-essary to block and prohibit all transactions in property and
4399-interests in property of the foreign person if such property
4400-and interests in property are in the United States, come within
4401-the United States, or come within the possession or control
4402-of a United States person.
4403-(2) I
4404-NELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—
4405-(A) V
4406-ISAS, ADMISSION, OR PAROLE.—An alien described
4407-in subsection (a) shall be—
4408-(i) inadmissible to the United States;
4409-(ii) ineligible to receive a visa or other documenta-
4410-tion to enter the United States; and
4411-(iii) otherwise ineligible to be admitted or paroled
4412-into the United States or to receive any other benefit
4413-under the Immigration and Nationality Act (8 U.S.C.
4414-1101 et 16 seq.).
4415-(B) C
4416-URRENT VISAS REVOKED .—
4417-(i) I
4418-N GENERAL.—The visa or other entry docu-
4419-mentation of any alien described in subsection (a) is H. R. 815—79
4420-subject to revocation regardless of the issue date of
4421-the visa or other entry documentation.
4422-(ii) I
4423-MMEDIATE EFFECT .—A revocation under clause
4424-(i) shall, in accordance with section 221(i) of the
4425-Immigration and Nationality Act (8 U.S.C. 1201(i))—
4426-(I) take effect immediately; and
4427-(II) cancel any other valid visa or entry docu-
4428-mentation that is in the possession of the alien.
4429-(c) P
4430-ENALTIES.—Any person that violates, or attempts to violate,
4431-subsection (b) or any regulation, license, or order issued pursuant
4432-to that subsection, shall be subject to the penalties set forth in
4433-subsections (b) and (c) of section 206 of the International Economic
4434-Powers Act (50 U.S.C. 1705) to the same extent as a person that
4435-commits an unlawful act described in subsection (a) of that section.
4436-(d) W
4437-AIVER.—The President may waive the application of sanc-
4438-tions under this section with respect to a foreign person for renew-
4439-able periods not to exceed 180 days only if, not later than 15
4440-days after the date on which the waiver is to take effect, the
4441-President submits to the appropriate congressional committees a
4442-written determination and justification that the waiver is in the
4443-vital national security interests of the United States.
4444-(e) I
4445-MPLEMENTATION .—The President may exercise all authori-
4446-ties provided under sections 203 and 205 of the International Emer-
4447-gency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry
4448-out any amendments made by this section.
4449-(f) R
4450-EGULATIONS.—
4451-(1) I
4452-N GENERAL.—The President shall, not later than 120
4453-days after the date of the enactment of this division, promulgate
4454-regulations as necessary for the implementation of this division
4455-and the amendments made by this division.
4456-(2) N
4457-OTIFICATION TO CONGRESS .—Not less than 10 days
4458-before the promulgation of regulations under subsection (a),
4459-the President shall notify the appropriate congressional commit-
4460-tees of the proposed regulations and the provisions of this
4461-division and the amendments made by this division that the
4462-regulations are implementing.
4463-(g) E
4464-XCEPTIONS.—
4465-(1) E
4466-XCEPTION FOR INTELLIGENCE ACTIVITIES .—Sanctions
4467-under this section shall not apply to any activity subject to
4468-the reporting requirements under title V of the National Secu-
4469-rity Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
4470-intelligence activities of the United States.
4471-(2) E
4472-XCEPTION TO COMPLY WITH INTERNATIONAL OBLIGA -
4473-TIONS AND FOR LAW ENFORCEMENT ACTIVITIES .—Sanctions under
4474-this section shall not apply with respect to an alien if admitting
4475-or paroling the alien into the United States is necessary—
4476-(A) to permit the United States to comply with the
4477-Agreement regarding the Headquarters of the United
4478-Nations, signed at Lake Success June 26, 1947, and entered
4479-into force November 21, 1947, between the United Nations
4480-and the United States, or other applicable international
4481-obligations; or
4482-(B) to carry out or assist authorized law enforcement
4483-activity in the United States.
4484-(h) T
4485-ERMINATION OF SANCTIONS.—This section shall cease to
4486-be effective beginning on the date that is 30 days after the date H. R. 815—80
4487-on which the President certifies to the appropriate congressional
4488-committees that—
4489-(1) the Government of Iran no longer repeatedly provides
4490-support for international terrorism as determined by the Sec-
4491-retary of State pursuant to—
4492-(A) section 1754(c)(1)(A) of the Export Control Reform
4493-Act of 2018 (50 U.S.C. 4318(c)(1)(A));
4494-(B) section 620A of the Foreign Assistance Act of 1961
4495-(22 U.S.C. 2371);
4496-(C) section 40 of the Arms Export Control Act (22
4497-U.S.C. 2780); or
4498-(D) any other provision of law; and
4499-(2) Iran has ceased the pursuit, acquisition, and develop-
4500-ment of, and verifiably dismantled its, nuclear, biological, and
4501-chemical weapons and ballistic missiles and ballistic missile
4502-launch technology.
4503-SEC. 6. REPORT TO IDENTIFY, AND DESIGNATION AS FOREIGN TER-
4504-RORIST ORGANIZATIONS OF, IRANIAN PERSONS THAT HAVE
4505-ATTACKED UNITED STATES CITIZENS USING UNMANNED
4506-COMBAT AERIAL VEHICLES.
4507-(a) INGENERAL.—Not later than 90 days after the date of
4508-the enactment of this division, and every 180 days thereafter,
4509-the Secretary of State shall submit to the appropriate congressional
4510-committees a report that identifies, for the period specified in sub-
4511-section (b), any Iranian person that has attacked a United States
4512-citizen using an unmanned combat aerial vehicle, as defined for
4513-the purpose of the United Nations Register of Conventional Arms.
4514-(b) P
4515-ERIODSPECIFIED.—The period specified in this subsection
4516-is—
4517-(1) for the initial report, the period—
4518-(A) beginning on October 27, 2023; and
4519-(B) ending on the date such report is submitted; and
4520-(2) for the second or a subsequent report, the period—
4521-(A) beginning on the date the preceding report was
4522-submitted; and
4523-(B) ending on the date such second or subsequent
4524-report is submitted.
4525-(c) D
4526-ESIGNATION OFPERSONS ASFOREIGNTERRORISTORGANIZA-
4527-TIONS.—
4528-(1) I
4529-N GENERAL.—The President shall designate any person
4530-identified in a report submitted under subsection (a) as a for-
4531-eign terrorist organization under section 219 of the Immigration
4532-and Naturalization Act (8 U.S.C. 1189).
4533-(2) R
4534-EVOCATION.—The President may not revoke a designa-
4535-tion made under paragraph (1) until the date that is 4 years
4536-after the date of such designation.
4537-(d) W
4538-AIVER.—The Secretary of State may waive the require-
4539-ments of this section upon a determination and certification to
4540-the appropriate congressional committees that such a waiver is
4541-in the vital national security interests of the United States.
4542-(e) S
4543-UNSET.—This section shall terminate on the date that
4544-is 4 years after the date of the enactment of this division.
4545-(f) I
4546-RANIANPERSONDEFINED.—In this section, the term ‘‘Ira-
4547-nian person’’— H. R. 815—81
4548-(1) means an entity organized under the laws of Iran
4549-or otherwise subject to the jurisdiction of the Government of
4550-Iran; and
4551-(2) includes the Islamic Revolutionary Guard Corps.
4552-SEC. 7. DEFINITIONS.
4553-In this division:
4554-(1) A
4555-PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
4556-‘‘appropriate congressional committees’’ means—
4557-(A) the Committee on Foreign Affairs, the Committee
4558-on Financial Services, and the Committee on the Judiciary
4559-of the House of Representatives; and
4560-(B) the Committee on Foreign Relations, the Com-
4561-mittee on the Judiciary, and the Committee on Banking,
4562-Housing, and Urban Affairs of the Senate.
4563-(2) F
4564-OREIGN PERSON.—The term ‘‘foreign person’’—
4565-(A) means an individual or entity that is not a United
4566-States person; and
4567-(B) includes a foreign state (as such term is defined
4568-in section 1603 of title 28, United States Code).
4569-(3) G
4570-OVERNMENT OF IRAN .—The term ‘‘Government of Iran’’
4571-has the meaning given such term in section 560.304 of title
4572-31, Code of Federal Regulations, as such section was in effect
4573-on January 1, 2021.
4574-(4) U
4575-NITED STATES PERSON .—The terms ‘‘United States per-
4576-son’’ means—
4577-(A) a United States citizen;
4578-(B) a permanent resident alien of the United States;
4579-(C) an entity organized under the laws of the United
4580-States or of any jurisdiction within the United States,
4581-including a foreign branch of such an entity; or
4582-(D) a person in the United States.
4583-(5) I
4584-RAN-ALIGNED ENTITY.—The term ‘‘Iran-aligned entity’’
4585-means a foreign person that—
4586-(A) is controlled or significantly influenced by the
4587-Government of Iran; and
4588-(B) knowingly receives material or financial support
4589-from the Government of Iran, including Hezbollah, the
4590-Houthis, or any other proxy group that furthers Iran’s
4591-national security objectives.
4592-(6) C
4593-OVERED TECHNOLOGY .—The term ‘‘covered technology’’
4594-means—
4595-(A) any goods, technology, software, or related material
4596-specified in the Missile Technology Control Regime Annex,
4597-as in effect on the day before the date of the enactment
4598-of this division; and
4599-(B) any additional goods, technology, software, or
4600-related material added to the Missile Technology Control
4601-Regime Annex after the day before the date of the enact-
4602-ment of this division.
4603-(7) F
4604-AMILY MEMBER .—The term ‘‘family member’’ means—
4605-(A) a child, grandchild, parent, grandparent, sibling,
4606-or spouse; and
4607-(B) any spouse, widow, or widower of an individual
4608-described in subparagraph (A). H. R. 815—82
4609-(8) K
4610-NOWINGLY.—The term ‘‘knowingly’’ has the meaning
4611-given that term in section 14 of the Iran Sanctions Act of
4612-1996 (50 U.S.C. 1701 note).
4613-(9) M
4614-ISSILE TECHNOLOGY CONTROL REGIME .—The term
4615-‘‘Missile Technology Control Regime’’ means the policy state-
4616-ment, between the United States, the United Kingdom, the
4617-Federal Republic of Germany, France, Italy, Canada, and
4618-Japan, announced on April 16, 1987, to restrict sensitive mis-
4619-sile-relevant transfers based on the Missile Technology Control
4620-Regime Annex, and any amendments thereto or expansions
4621-thereof, as in effect on the day before the date of the enactment
4622-of this division.
4623-(10) M
4624-ISSILE TECHNOLOGY CONTROL REGIME ANNEX .—The
4625-term ‘‘Missile Technology Control Regime Annex’’ means the
4626-Guidelines and Equipment and Technology Annex of the Missile
4627-Technology Control Regime, and any amendments thereto or
4628-updates thereof, as in effect on the day before the date of
4629-the enactment of this division.
4630-DIVISION L—MAHSA ACT
4631-SEC. 1. SHORT TITLE.
4632-This division may be cited as the ‘‘Mahsa Amini Human rights
4633-and Security Accountability Act’’ or the ‘‘MAHSA Act’’.
4634-SEC. 2. IMPOSITION OF SANCTIONS ON IRAN’S SUPREME LEADER’S
4635-OFFICE, ITS APPOINTEES, AND ANY AFFILIATED PERSONS.
4636-(a) FINDINGS.—Congress finds the following:
4637-(1) The Supreme Leader is an institution of the Islamic
4638-Republic of Iran.
4639-(2) The Supreme Leader holds ultimate authority over
4640-Iran’s judiciary and security apparatus, including the Ministry
4641-of Intelligence and Security, law enforcement forces under the
4642-Interior Ministry, the Islamic Revolutionary Guard Corps
4643-(IRGC), and the Basij, a nationwide volunteer paramilitary
4644-group subordinate to the IRGC, all of which have engaged
4645-in human rights abuses in Iran. Additionally the IRGC, a
4646-United States designated Foreign Terrorist Organization, which
4647-reports to the Supreme Leader, continues to perpetrate ter-
4648-rorism around the globe, including attempts to kill and kidnap
4649-American citizens on United States soil.
4650-(3) The Supreme Leader appoints the head of Iran’s
4651-judiciary. International observers continue to criticize the lack
4652-of independence of Iran’s judicial system and maintained that
4653-trials disregarded international standards of fairness.
4654-(4) The revolutionary courts, created by Iran’s former
4655-Supreme Leader Ruhollah Khomeini, within Iran’s judiciary,
4656-are chiefly responsible for hearing cases of political offenses,
4657-operate in parallel to Iran’s criminal justice system and rou-
4658-tinely hold grossly unfair trials without due process, handing
4659-down predetermined verdicts and rubberstamping executions
4660-for political purpose.
4661-(5) The Iranian security and law enforcement forces engage
4662-in serious human rights abuse at the behest of the Supreme
4663-Leader. H. R. 815—83
4664-(6) Iran’s President, Ebrahim Raisi, sits at the helm of
4665-the most sanctioned cabinet in Iranian history which includes
4666-internationally sanctioned rights violators. Raisi has supported
4667-the recent crackdown on protestors and is a rights violator
4668-himself, having served on a ‘‘death commission’’ in 1988 that
4669-led to the execution of several thousand political prisoners
4670-in Iran. He most recently served as the head of Iran’s judiciary,
4671-a position appointed by Iran’s current Supreme Leader Ali
4672-Khamenei, and may likely be a potential candidate to replace
4673-Khamenei as Iran’s next Supreme Leader.
4674-(7) On September 16, 2022, a 22-year-old woman, Mahsa
4675-Amini, died in the detention of the Morality Police after being
4676-beaten and detained for allegedly transgressing discriminatory
4677-dress codes for women. This tragic incident triggered wide-
4678-spread, pro-women’s rights, pro-democracy protests across all
4679-of Iran’s 31 provinces, calling for the end to Iran’s theocratic
4680-regime.
4681-(8) In the course of the protests, the Iranian security forces’
4682-violent crackdown includes mass arrests, well documented
4683-beating of protestors, throttling of the internet and tele-
4684-communications services, and shooting protestors with live
4685-ammunition. Iranian security forces have reportedly killed hun-
4686-dreds of protestors and other civilians, including women and
4687-children, and wounded many more.
4688-(9) Iran’s Supreme Leader is the leader of the ‘‘Axis of
4689-Resistance’’, which is a network of Tehran’s terror proxy and
4690-partner militias materially supported by the Islamic Revolu-
4691-tionary Guard Corps that targets the United States as well
4692-as its allies and partners.
4693-(b) S
4694-ENSE OFCONGRESS.—It is the sense of Congress that—
4695-(1) the United States shall stand with and support the
4696-people of Iran in their demand for fundamental human rights;
4697-(2) the United States shall continue to hold the Islamic
4698-Republic of Iran, particularly the Supreme Leader and Presi-
4699-dent, accountable for abuses of human rights, corruption, and
4700-export of terrorism; and
4701-(3) Iran must immediately end its gross violations of inter-
4702-nationally recognized human rights.
4703-(c) I
4704-NGENERAL.—
4705-(1) D
4706-ETERMINATION AND REPORT REQUIRED .—Not later than
4707-90 days after the date of the enactment of this division, and
4708-annually thereafter, the President shall—
4709-(A) determine whether each foreign person described
4710-in subsection (d) meets the criteria for imposition of sanc-
4711-tions under one or more of the sanctions programs and
4712-authorities listed in paragraph (2);
4713-(B) impose applicable sanctions against any foreign
4714-person determined to meet the criteria for imposition of
4715-sanctions pursuant to subparagraph (A) under the sanc-
4716-tions programs and authorities listed in subparagraph (A)
4717-or (F) of subsection (c)(2) and pursue applicable sanctions
4718-against any foreign person determined to meet the criteria
4719-for imposition of sanctions pursuant to subparagraph (A)
4720-under the sanctions programs and authorities listed in
4721-subparagraph (B), (C), (D), or (E) of subsection (c)(2); and H. R. 815—84
4722-(C) submit to the appropriate congressional committees
4723-a report in unclassified form, with a classified annex pro-
4724-vided separately if needed, containing—
4725-(i) a list of all foreign persons described in sub-
4726-section (d) that meet the criteria for imposition of
4727-sanctions under one or more of the sanctions programs
4728-and authorities listed in paragraph (2); and
4729-(ii) for each foreign person identified pursuant to
4730-clause (i)—
4731-(I) a list of each sanctions program or
4732-authority listed in paragraph (2) for which the
4733-person meets the criteria for imposition of sanc-
4734-tions;
4735-(II) a statement which, if any, of the sanctions
4736-authorized by any of the sanctions programs and
4737-authorities identified pursuant to subclause (I)
4738-have been imposed or will be imposed within 30
4739-days of the submission of the report; and
4740-(III) with respect to which any of the sanctions
4741-authorized by any of the sanctions programs and
4742-authorities identified pursuant to subclause (I)
4743-have not been imposed and will not be imposed
4744-within 30 days of the submission of the report,
4745-the specific authority under which otherwise
4746-applicable sanctions are being waived, have other-
4747-wise been determined not to apply, or are not
4748-being imposed and a complete justification of the
4749-decision to waive or otherwise not apply the sanc-
4750-tions authorized by such sanctions programs and
4751-authorities.
4752-(2) S
4753-ANCTIONS LISTED .—The sanctions listed in this para-
4754-graph are the following:
4755-(A) Sanctions described in section 105(c) of the Com-
4756-prehensive Iran Sanctions, Accountability, and Divestment
4757-Act of 2010 (22 U.S.C. 8514(c)).
4758-(B) Sanctions applicable with respect to a person pursu-
4759-ant to Executive Order 13553 (50 U.S.C. 1701 note; relating
4760-to blocking property of certain persons with respect to
4761-serious human rights abuses by the Government of Iran).
4762-(C) Sanctions applicable with respect to a person pursu-
4763-ant to Executive Order 13224 (50 U.S.C. 1701 note; relating
4764-to blocking property and prohibiting transactions with per-
4765-sons who commit, threaten to commit, or support ter-
4766-rorism).
4767-(D) Sanctions applicable with respect to a person
4768-pursuant to Executive Order 13818 (relating to blocking
4769-the property of persons involved in serious human rights
4770-abuse or corruption).
4771-(E) Sanctions applicable with respect to a person pursu-
4772-ant to Executive Order 13876 (relating to imposing sanc-
4773-tions with respect to Iran).
4774-(F) Penalties and visa bans applicable with respect
4775-to a person pursuant to section 7031(c) of the Department
4776-of State, Foreign Operations, and Related Programs Appro-
4777-priations Act, 2021.
4778-(3) F
4779-ORM OF DETERMINATION .—The determination required
4780-by paragraph (1) shall be provided in an unclassified form H. R. 815—85
4781-but may contain a classified annex provided separately con-
4782-taining additional contextual information pertaining to justifica-
4783-tion for the issuance of any waiver issued, as described in
4784-paragraph (1)(C)(ii). The unclassified portion of such determina-
4785-tion shall be made available on a publicly available internet
4786-website of the Federal Government.
4787-(d) F
4788-OREIGN PERSONS DESCRIBED.—The foreign persons
4789-described in this subsection are the following:
4790-(1) The Supreme Leader of Iran and any official in the
4791-Office of the Supreme Leader of Iran.
4792-(2) The President of Iran and any official in the Office
4793-of the President of Iran or the President’s cabinet, including
4794-cabinet ministers and executive vice presidents.
4795-(3) Any entity, including foundations and economic
4796-conglomerates, overseen by the Office of the Supreme Leader
4797-of Iran which is complicit in financing or resourcing of human
4798-rights abuses or support for terrorism.
4799-(4) Any official of any entity owned or controlled by the
4800-Supreme Leader of Iran or the Office of the Supreme Leader
4801-of Iran.
4802-(5) Any person determined by the President—
4803-(A) to be a person appointed by the Supreme Leader
4804-of Iran, the Office of the Supreme Leader of Iran, the
4805-President of Iran, or the Office of the President of Iran
4806-to a position as a state official of Iran, or as the head
4807-of any entity located in Iran or any entity located outside
4808-of Iran that is owned or controlled by one or more entities
4809-in Iran;
4810-(B) to have materially assisted, sponsored, or provided
4811-financial, material, or technological support for, or goods
4812-or services to or in support of any person whose property
4813-and interests in property are blocked pursuant to any
4814-sanctions program or authority listed in subsection (c)(2);
4815-(C) to be owned or controlled by, or to have acted
4816-or purported to act for or on behalf of, directly or indirectly
4817-any person whose property and interests in property are
4818-blocked pursuant to any sanctions program or authority
4819-listed in subsection (c)(2); or
4820-(D) to be a member of the board of directors or a
4821-senior executive officer of any person whose property and
4822-interests in property are blocked pursuant to any sanctions
4823-program or authority listed in subsection (c)(2).
4824-(e) C
4825-ONGRESSIONAL OVERSIGHT.—
4826-(1) I
4827-N GENERAL.—Not later than 60 days after receiving
4828-a request from the chairman and ranking member of one of
4829-the appropriate congressional committees with respect to
4830-whether a foreign person meets the criteria of a person
4831-described in subsection (d)(5), the President shall—
4832-(A) determine if the person meets such criteria; and
4833-(B) submit an unclassified report, with a classified
4834-annex provided separately if needed, to such chairman
4835-and ranking member with respect to such determination
4836-that includes a statement of whether or not the President
4837-imposed or intends to impose sanctions with respect to
4838-the person pursuant to any sanctions program or authority
4839-listed in subsection (c)(2). H. R. 815—86
4840-(2) A
4841-PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED .—
4842-In this subsection, the term ‘‘appropriate congressional commit-
4843-tees’’ means—
4844-(A) the Committee on Foreign Affairs, and the Com-
4845-mittee on Financial Services of the House of Representa-
4846-tives; and
4847-(B) the Committee on Foreign Relations and the Com-
4848-mittee on Banking, Housing, and Urban Affairs of the
4849-Senate.
4850-SEC. 3. SEVERABILITY.
4851-If any provision of this division, or the application of such
4852-provision to any person or circumstance, is found to be unconstitu-
4853-tional, the remainder of this division, or the application of that
4854-provision to other persons or circumstances, shall not be affected.
4855-DIVISION M—HAMAS AND OTHER PAL-
4856-ESTINIAN TERRORIST GROUPS INTER-
4857-NATIONAL FINANCING PREVENTION
4858-ACT
4859-SEC. 1. SHORT TITLE.
4860-This division may be cited as the ‘‘Hamas and Other Palestinian
4861-Terrorist Groups International Financing Prevention Act’’.
4862-SEC. 2. STATEMENT OF POLICY.
4863-It shall be the policy of the United States—
4864-(1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa
4865-Martyrs Brigade, the Lion’s Den, or any affiliate or successor
4866-thereof from accessing its international support networks; and
4867-(2) to oppose Hamas, the Palestinian Islamic Jihad, Al-
4868-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or suc-
4869-cessor thereof from using goods, including medicine and dual
4870-use items, to smuggle weapons and other materials to further
4871-acts of terrorism, including against Israel.
4872-SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PER-
4873-SONS SUPPORTING ACTS OF TERRORISM OR ENGAGING IN
4874-SIGNIFICANT TRANSACTIONS WITH SENIOR MEMBERS OF
4875-HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALES-
4876-TINIAN TERRORIST ORGANIZATIONS.
4877-(a) INGENERAL.—Not later than 180 days after the date of
4878-enactment of this division, the President shall impose the sanctions
4879-described in subsection (c) with respect to each foreign person
4880-that the President determines, on or after the date of the enactment
4881-of this division, engages in an activity described in subsection
4882-(b).
4883-(b) A
4884-CTIVITIESDESCRIBED.—A foreign person engages in an
4885-activity described in this subsection if the foreign person know-
4886-ingly—
4887-(1) assists in sponsoring or providing significant financial,
4888-material, or technological support for, or goods or other services
4889-to enable, acts of terrorism; or
4890-(2) engages, directly or indirectly, in a significant trans-
4891-action with— H. R. 815—87
4892-(A) a senior member of Hamas, Palestinian Islamic
4893-Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any
4894-affiliate or successor thereof; or
4895-(B) a senior member of a foreign terrorist organization
4896-designated pursuant to section 219 of the Immigration
4897-and Nationality Act (8 U.S.C. 1189) that is responsible
4898-for providing, directly or indirectly, support to Hamas, Pal-
4899-estinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s
4900-Den, or any affiliate or successor thereof.
4901-(c) S
4902-ANCTIONSDESCRIBED.—The President shall exercise all
4903-of the powers granted to the President under the International
4904-Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
4905-extent necessary to block and prohibit all transactions in property
4906-and interests in property of a foreign person described in subsection
4907-(a) if such property and interests in property are in the United
4908-States, come within the United States, or are or come within
4909-the possession or control of a United States person.
4910-(d) P
4911-ENALTIES.—The penalties provided for in subsections (b)
4912-and (c) of section 206 of the International Emergency Economic
4913-Powers Act (50 U.S.C. 1705) shall apply to a person that violates,
4914-attempts to violate, conspires to violate, or causes a violation of
4915-this section or any regulations promulgated to carry out this section
4916-to the same extent that such penalties apply to a person that
4917-commits an unlawful act described in section 206(a) of that Act.
4918-(e) I
4919-MPLEMENTATION ; REGULATIONS.—
4920-(1) I
4921-N GENERAL.—The President may exercise all authorities
4922-provided under sections 203 and 205 of the International Emer-
4923-gency Economic Powers Act (50 U.S.C. 1702 and 1704) for
4924-purposes of carrying out this section.
4925-(2) R
4926-EGULATIONS.—Not later than 60 days after the date
4927-of the enactment of this division, the President shall issue
4928-regulations or other guidance as may be necessary for the
4929-implementation of this section.
4930-(f) W
4931-AIVER.—The President may waive, on a case-by-case basis
4932-and for a period of not more than 180 days, the application of
4933-sanctions under this section with respect to a foreign person only
4934-if, not later than 15 days prior to the date on which the waiver
4935-is to take effect, the President submits to the appropriate congres-
4936-sional committees a written determination and justification that
4937-the waiver is in the vital national security interests of the United
4938-States.
4939-(g) H
4940-UMANITARIAN ASSISTANCE.—
4941-(1) I
4942-N GENERAL.—Sanctions under this section shall not
4943-apply to—
4944-(A) the conduct or facilitation of a transaction for the
4945-provision of agricultural commodities, food, medicine, med-
4946-ical devices, or humanitarian assistance, or for humani-
4947-tarian purposes; or
4948-(B) transactions that are necessary for or related to
4949-the activities described in subparagraph (A).
4950-(2) D
4951-EFINITIONS.—In this subsection:
4952-(A) A
4953-GRICULTURAL COMMODITY .—The term ‘‘agricul-
4954-tural commodity’’ has the meaning given that term in sec-
4955-tion 102 of the Agricultural Trade Act of 1978 (7 U.S.C.
4956-5602). H. R. 815—88
4957-(B) M
4958-EDICAL DEVICE.—The term ‘‘medical device’’ has
4959-the meaning given the term ‘‘device’’ in section 201 of
4960-the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
4961-(C) M
4962-EDICINE.—The term ‘‘medicine’’ has the meaning
4963-given the term ‘‘drug’’ in section 201 of the Federal Food,
4964-Drug, and Cosmetic Act (21 U.S.C. 321).
4965-(h) R
4966-ULE OFCONSTRUCTION.—The authority to impose sanctions
4967-under this section with respect to a foreign person is in addition
4968-to the authority to impose sanctions under any other provision
4969-of law with respect to a foreign person that directly or indirectly
4970-supports acts of international terrorism.
4971-SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN
4972-STATES PROVIDING SUPPORT TO HAMAS, PALESTINIAN
4973-ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST
4974-ORGANIZATIONS.
4975-(a) INGENERAL.—Not later than 180 days after the date of
4976-enactment of this division, the President shall impose the measures
4977-described in subsection (c) with respect to a foreign state if the
4978-President determines that the foreign state, on or after the date
4979-of the enactment of this division, engages in an activity described
4980-in subsection (b).
4981-(b) A
4982-CTIVITIESDESCRIBED.—A foreign state engages in an
4983-activity described in this subsection if the foreign state knowingly—
4984-(1) provides significant material or financial support for
4985-acts of international terrorism, pursuant to—
4986-(A) section 1754(c) of the Export Control Reform Act
4987-of 2018 (50 U.S.C. 4813(c)(1)(A));
4988-(B) section 620A of the Foreign Assistance Act of 1961
4989-(22 U.S.C. 2371);
4990-(C) section 40 of the Arms Export Control Act (22
4991-U.S.C. 2780); or
4992-(D) any other provision of law;
4993-(2) provides significant material support to Hamas, the
4994-Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s
4995-Den, or any affiliate or successor thereof; or
4996-(3) engages in a significant transaction that materially
4997-contributes, directly or indirectly, to the terrorist activities
4998-of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Bri-
4999-gade, the Lion’s Den, or any affiliate or successor thereof.
5000-(c) M
5001-EASURESDESCRIBED.—The measures described in this sub-
5002-section with respect to a foreign state are the following:
5003-(1) The President shall suspend, for a period of at least
5004-1 year, United States assistance to the foreign state.
5005-(2) The Secretary of the Treasury shall instruct the United
5006-States Executive Director to each appropriate international
5007-financial institution to oppose, and vote against, for a period
5008-of 1 year, the extension by such institution of any loan or
5009-financial or technical assistance to the government of the for-
5010-eign state.
5011-(3) The President shall prohibit the export of any item
5012-on the United States Munitions List (established pursuant to
5013-section 38 of the Arms Export Control Act (22 U.S.C. 2778))
5014-or the Commerce Control List set forth in Supplement No.
5015-1 to part 774 of title 15, Code of Federal Regulations, to
5016-the foreign state for a period of 1 year. H. R. 815—89
5017-(d) P
5018-ENALTIES.—The penalties provided for in subsections (b)
5019-and (c) of section 206 of the International Emergency Economic
5020-Powers Act (50 U.S.C. 1705) shall apply to a person that violates,
5021-attempts to violate, conspires to violate, or causes a violation of
5022-this section or any regulations promulgated to carry out this section
5023-to the same extent that such penalties apply to a person that
5024-commits an unlawful act described in section 206(a) of that Act.
5025-(e) W
5026-AIVER.—The President may waive, on a case-by-case basis
5027-and for a period of not more than 180 days, the application of
5028-measures under this section with respect to a foreign state only
5029-if, not later than 15 days prior to the date on which the waiver
5030-is to take effect, the President submits to the appropriate congres-
5031-sional committees a written determination and justification that
5032-the waiver is in the vital national security interests of the United
5033-States.
5034-(f) I
5035-MPLEMENTATION ; REGULATIONS.—
5036-(1) I
5037-N GENERAL.—The President may exercise all authorities
5038-provided under sections 203 and 205 of the International Emer-
5039-gency Economic Powers Act (50 U.S.C. 1702 and 1704) for
5040-purposes of carrying out this section.
5041-(2) R
5042-EGULATIONS.—Not later than 60 days after the date
5043-of the enactment of this division, the President shall issue
5044-regulations or other guidance as may be necessary for the
5045-implementation of this section.
5046-(g) A
5047-DDITIONALEXEMPTIONS.—
5048-(1) S
5049-TATUS OF FORCES AGREEMENTS .—The President may
5050-exempt the application of measures under this section with
5051-respect to a foreign state if the application of such measures
5052-would prevent the United States from meeting the terms of
5053-any status of forces agreement to which the United States
5054-is a party or meeting other obligations relating to the basing
5055-of United States service members.
5056-(2) A
5057-UTHORIZED INTELLIGENCE ACTIVITIES .—Measures
5058-under this section shall not apply with respect to any activity
5059-subject to the reporting requirements under title V of the
5060-National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
5061-authorized intelligence activities of the United States.
5062-(3) H
5063-UMANITARIAN ASSISTANCE .—
5064-(A) I
5065-N GENERAL.—Measures under this section shall
5066-not apply to—
5067-(i) the conduct or facilitation of a transaction for
5068-the provision of agricultural commodities, food, medi-
5069-cine, medical devices, or humanitarian assistance, or
5070-for humanitarian purposes; or
5071-(ii) transactions that are necessary for or related
5072-to the activities described in clause (i).
5073-(B) D
5074-EFINITIONS.—In this subsection:
5075-(i) A
5076-GRICULTURAL COMMODITY .—The term ‘‘agricul-
5077-tural commodity’’ has the meaning given that term
5078-in section 102 of the Agricultural Trade Act of 1978
5079-(7 U.S.C. 5602).
5080-(ii) M
5081-EDICAL DEVICE.—The term ‘‘medical device’’
5082-has the meaning given the term ‘‘device’’ in section
5083-201 of the Federal Food, Drug, and Cosmetic Act (21
5084-U.S.C. 321). H. R. 815—90
5085-(iii) M
5086-EDICINE.—The term ‘‘medicine’’ has the
5087-meaning given the term ‘‘drug’’ in section 201 of the
5088-Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
5089-(h) R
5090-ULE OFCONSTRUCTION.—The authority to impose measures
5091-under this section with respect to a foreign state is in addition
5092-to the authority to impose measures under any other provision
5093-of law with respect to foreign states that directly or indirectly
5094-support acts of international terrorism.
5095-SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING,
5096-FINANCING, AND MONEY LAUNDERING ACTIVITIES OF
5097-HAMAS, PALESTINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS
5098-BRIGADE, THE LION’S DEN OR ANY AFFILIATE OR SUC-
5099-CESSOR THEREOF.
5100-(a) INGENERAL.—Not later than 90 days after the date of
5101-enactment of this division, and every 180 days thereafter, the
5102-President shall submit to the appropriate congressional committees
5103-a report that includes—
5104-(1) an assessment of the disposition of the assets and
5105-activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa
5106-Martyrs Brigade, the Lion’s Den, or any affiliate or successor
5107-thereof related to fundraising, financing, and money laundering
5108-worldwide;
5109-(2) a list of foreign states that knowingly providing mate-
5110-rial, financial, or technical support for, or goods or services
5111-to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Bri-
5112-gade, the Lion’s Den, or any affiliate or successor thereof;
5113-(3) a list of foreign states in which Hamas, the Palestinian
5114-Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or
5115-any affiliate or successor thereof conducts significant fund-
5116-raising, financing, or money laundering activities;
5117-(4) a list of foreign states from which Hamas, the Pales-
5118-tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den,
5119-or any affiliate or successor thereof knowingly engaged in the
5120-transfer of surveillance equipment, electronic monitoring equip-
5121-ment, or other means to inhibit communication or the free
5122-flow of information in Gaza; and
5123-(5) with respect to each foreign state listed in paragraph
5124-(2), (3), or (4)—
5125-(A) a description of the steps the foreign state identified
5126-is taking adequate measures to restrict financial flows to
5127-Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs
5128-Brigade, the Lion’s Den, or any affiliates or successors
5129-thereof; and
5130-(B) in the case of a foreign state failing to take ade-
5131-quate measures to restrict financial flows to Hamas, Pales-
5132-tinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s
5133-Den or any other designated entity engaged in significant
5134-act of terrorism threatening the peace and security of
5135-Israel—
5136-(i) an assessment of the reasons that government
5137-is not taking adequate measures to restrict financial
5138-flows to those entities; and
5139-(ii) a description of measures being taken by the
5140-United States Government to encourage the foreign
5141-state to restrict financial flows to those entities; and H. R. 815—91
5142-(b) F
5143-ORM.—Each report required by subsection (a) shall be
5144-submitted in unclassified form to the greatest extent possible, and
5145-may contain a classified annex.
5146-SEC. 6. TERMINATION.
5147-This division shall terminate on the earlier of—
5148-(1) the date that is 7 years after the date of the enactment
5149-of this division; or
5150-(2) the date that is 30 days after the date on which the
5151-President certifies to the appropriate congressional committees
5152-that—
5153-(A) Hamas or any successor or affiliate thereof is no
5154-longer designated as a foreign terrorist organization pursu-
5155-ant to section 219 of the Immigration and Nationality
5156-Act (8 U.S.C. 1189);
5157-(B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa
5158-Martyrs Brigade, the Lion’s Den, and any successor or
5159-affiliate thereof are no longer subject to sanctions pursuant
5160-to—
5161-(i) Executive Order No. 12947 (January 23, 1995;
5162-relating to prohibiting transactions with terrorists who
5163-threaten to disrupt the Middle East peace process);
5164-and
5165-(ii) Executive Order No. 13224 (September 23,
5166-2001; relating to blocking property and prohibiting
5167-transactions with persons who commit, threaten to
5168-commit, or support terrorism); and
5169-(C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa
5170-Martyrs Brigade, the Lion’s Den, and any successor or
5171-affiliate thereof meet the criteria described in paragraphs
5172-(1) through (4) of section 9 of the Palestinian Anti-Ter-
5173-rorism Act of 2006 (22 U.S.C. 2378b note).
5174-SEC. 7. DEFINITIONS.
5175-In this division:
5176-(1) A
5177-CT OF TERRORISM .—The term ‘‘act of terrorism’’ means
5178-an activity that—
5179-(A) involves a violent act or an act dangerous to human
5180-life, property, or infrastructure; and
5181-(B) appears to be intended to—
5182-(i) intimidate or coerce a civilian population;
5183-(ii) influence the policy of a government by intimi-
5184-dation or coercion; or
5185-(iii) affect the conduct of a government by mass
5186-destruction, assassination, kidnapping, or hostage-
5187-taking.
5188-(2) A
5189-DMITTED.—The term ‘‘admitted’’ has the meaning given
5190-such term in section 101(a)(13)(A) of the Immigration and
5191-Nationality Act (8 U.S.C. 1101(a)(13)(A)).
5192-(3) A
5193-PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
5194-‘‘appropriate congressional committees’’ means—
5195-(A) the Committee on Foreign Affairs and the Com-
5196-mittee on Financial Services of the House of Representa-
5197-tives; and
5198-(B) the Committee on Foreign Relations and the Com-
5199-mittee on Banking, Housing, and Urban Affairs of the
5200-Senate. H. R. 815—92
5201-(4) F
5202-OREIGN STATE .—The term ‘‘foreign state’’ has the
5203-meaning given such term in section 1603 of title 28, United
5204-States Code.
5205-(5) H
5206-UMANITARIAN AID .—The term ‘‘humanitarian aid’’
5207-means food, medicine, and medical supplies.
5208-(6) M
5209-ATERIAL SUPPORT .—The term ‘‘material support’’ has
5210-the meaning given the term ‘‘material support or resources’’
5211-in section 2339A of title 18, United States Code.
5212-(7) U
5213-NITED STATES PERSON .—The term ‘‘United States per-
5214-son’’ means—
5215-(A) a United States citizen or an alien lawfully
5216-admitted for permanent residence to the United States;
5217-or
5218-(B) an entity organized under the laws of the United
5219-States or of any jurisdiction within the United States,
5220-including a foreign branch of such an entity.
5221-DIVISION N—NO TECHNOLOGY FOR
5222-TERROR ACT
5223-SEC. 1. SHORT TITLE.
5224-This division may be cited as the ‘‘No Technology for Terror
5225-Act’’.
5226-SEC. 2. APPLICATION OF FOREIGN-DIRECT PRODUCT RULES TO IRAN.
5227-(a) INGENERAL.—Beginning on the date that is 90 days after
5228-the date of the enactment of this division, a foreign-produced item
5229-shall be subject to the Export Administration Regulations (pursuant
5230-to the Export Control Reform Act of 2018 (50 U.S.C. 4801 et
5231-seq.)) if the item—
5232-(1) meets—
5233-(A) the product scope requirements described in sub-
5234-section (b); and
5235-(B) the destination scope requirements described in
5236-subsection (c); and
5237-(2) is exported, reexported, or in-country transferred to
5238-Iran from abroad or involves the Government of Iran.
5239-(b) P
5240-RODUCTSCOPEREQUIREMENTS.—A foreign-produced item
5241-meets the product scope requirements of this subsection if the
5242-item—
5243-(1) is a direct product of United States-origin technology
5244-or software subject to the Export Administration Regulations
5245-that is specified in a covered Export Control Classification
5246-Number or is identified in supplement no. 7 to part 746 of
5247-the Export Administration Regulations; or
5248-(2) is produced by any plant or major component of a
5249-plant that is located outside the United States, if the plant
5250-or major component of a plant, whether made in the United
5251-States or a foreign country, itself is a direct product of United
5252-States-origin technology or software subject to the Export
5253-Administration Regulations that is specified in a covered Export
5254-Control Classification Number.
5255-(c) D
5256-ESTINATION SCOPEREQUIREMENTS.—A foreign-produced
5257-item meets the destination scope requirements of this subsection
5258-if there is knowledge that the foreign-produced item is destined
5259-to Iran or will be incorporated into or used in the production H. R. 815—93
5260-or development of any part, component, or equipment subject to
5261-the Export Administration Regulations and produced in or destined
5262-to Iran.
5263-(d) L
5264-ICENSEREQUIREMENTS.—
5265-(1) I
5266-N GENERAL.—A license shall be required to export,
5267-reexport, or in-country transfer a foreign-produced item from
5268-abroad that meets the product scope requirements described
5269-in subsection (b) and the destination scope requirements
5270-described in subsection (c) and is subject to the Export Adminis-
5271-tration Regulations pursuant to this section.
5272-(2) E
5273-XCEPTIONS.—The license requirements of paragraph
5274-(1) shall not apply to—
5275-(A) food, medicine, or medical devices that are—
5276-(i) designated as EAR99; or
5277-(ii) not designated under or listed on the Commerce
5278-Control List; or
5279-(B) services, software, or hardware (other than services,
5280-software, or hardware for end-users owned or controlled
5281-by the Government of Iran) that are—
5282-(i) necessarily and ordinarily incident to commu-
5283-nications; or
5284-(ii) designated as—
5285-(I) EAR99; or
5286-(II) Export Control Classification Number
5287-5A992.c or 5D992.c, and classified in accordance
5288-with section 740.17 of title 15 Code of Federal
5289-Regulations; and
5290-(iii) subject to a general license issued by the
5291-Department of Commerce or Department of Treasury.
5292-(e) N
5293-ATIONALINTERESTWAIVER.—The Secretary of Commerce
5294-may waive the requirements imposed under this section if the
5295-Secretary—
5296-(1) determines that the waiver is in the national interests
5297-of the United States; and
5298-(2) submits to the Committee on Foreign Affairs and the
5299-Committee on Financial Services of the House of Representa-
5300-tives and to the Committee on Foreign Relations and the Com-
5301-mittee on Banking, Housing, and Urban Affairs of the Senate
5302-a report explaining which requirements are being waived and
5303-the reasons for the waiver.
5304-(f) S
5305-UNSET.—The authority provided under this section shall
5306-terminate on the date that is 7 years after the date of the enactment
5307-of this division.
5308-(g) D
5309-EFINITIONS.—In this section—
5310-(1) the term ‘‘Commerce Control List’’ means the list main-
5311-tained pursuant to part 744 of the Export Administration Regu-
5312-lations;
5313-(2) the term ‘‘covered Export Control Classification
5314-Number’’ means an Export Control Classification Number in
5315-product group D or E of Category 3, 4, 5, 6, 7, 8, or 9 of
5316-the Commerce Control List;
5317-(3) the terms ‘‘Export Administration Regulations’’,
5318-‘‘export’’, ‘‘reexport’’, and ‘‘in-country transfer’’ have the
5319-meanings given those terms in section 1742 of the Export
5320-Control Reform Act of 2018 (50 U.S.C. 4801); and
5321-(4) the terms ‘‘direct product’’, ‘‘technology’’, ‘‘software’’,
5322-‘‘major component’’, ‘‘knowledge’’, ‘‘production’’, ‘‘development’’, H. R. 815—94
5323-‘‘part’’, ‘‘component’’, ‘‘equipment’’, and ‘‘government end users’’
5324-have the meanings given those terms in section 734.9 or part
5325-772 of the Export Administration Regulations, as the case
5326-may be.
5327-DIVISION O—STRENGTHENING TOOLS
5328-TO COUNTER THE USE OF HUMAN
5329-SHIELDS ACT
5330-SEC. 1. SHORT TITLE.
5331-This division may be cited as the ‘‘Strengthening Tools to
5332-Counter the Use of Human Shields Act’’.
5333-SEC. 2. STATEMENT OF POLICY.
5334-It shall be the policy of the United States to fully implement
5335-and enforce sanctions against terrorist organizations and other
5336-malign actors that use innocent civilians as human shields.
5337-SEC. 3. MODIFICATION AND EXTENSION OF SANCTIONING THE USE
5338-OF CIVILIANS AS DEFENSELESS SHIELDS ACT.
5339-(a) INGENERAL.—Section 3 of the Sanctioning the Use of
5340-Civilians as Defenseless Shields Act (Public Law 115–348; 50 U.S.C.
5341-1701 note) is amended—
5342-(1) in subsection (b)—
5343-(A) by redesignating paragraph (3) as paragraph (4);
5344-and
5345-(B) by inserting after paragraph (2) the following:
5346-‘‘(3) Each foreign person that the President determines,
5347-on or after the date of the enactment of the Strengthening
5348-Tools to Counter the Use of Human Shields Act—
5349-‘‘(A) is a member of Palestine Islamic Jihad or is know-
5350-ingly acting on behalf of Palestine Islamic Jihad; and
5351-‘‘(B) knowingly orders, controls, or otherwise directs
5352-the use of civilians protected as such by the law of war
5353-to shield military objectives from attack.’’;
5354-(2) by redesignating subsections (e), (f), (g), (h), and (i)
5355-as subsections (f), (g), (h), (i), and (j), respectively; and
5356-(3) by inserting after subsection (d) the following:
5357-‘‘(e) C
5358-ONGRESSIONAL REQUESTS.—Not later than 120 days after
5359-receiving a request from the chairman and ranking member of
5360-one of the appropriate congressional committees with respect to
5361-whether a foreign person meets the criteria of a person described
5362-in subsection (b) or (c), the President shall—
5363-‘‘(1) determine if the person meets such criteria; and
5364-‘‘(2) submit a written justification to the chairman and
5365-ranking member detailing whether or not the President imposed
5366-or intends to impose sanctions described in subsection (b) or
5367-(c) with respect to such person.’’.
5368-(b) D
5369-EFINITIONS.—Section 4 of the Sanctioning the Use of
5370-Civilians as Defenseless Shields Act (Public Law 115–348; 50 U.S.C.
5371-1701 note) is amended—
5372-(1) by redesignating paragraph (7) as paragraph (8); and
5373-(2) by inserting after paragraph (6) the following:
5374-‘‘(7) P
5375-ALESTINE ISLAMIC JIHAD .—The term ‘Palestine Islamic
5376-Jihad’ means— H. R. 815—95
5377-‘‘(A) the entity known as Palestine Islamic Jihad and
5378-designated by the Secretary of State as a foreign terrorist
5379-organization pursuant to section 219 of the Immigration
5380-and Nationality Act (8 U.S.C. 1189); or
5381-‘‘(B) any person identified as an agent or instrumen-
5382-tality of Palestine Islamic Jihad on the list of specially
5383-designated nationals and blocked persons maintained by
5384-the Office of Foreign Asset Control of the Department
5385-of the Treasury, the property or interests in property of
5386-which are blocked pursuant to the International Emergency
5387-Economic Powers Act (50 U.S.C. 1701 et seq.).’’.
5388-(c) S
5389-UNSET.—Section 5 of the Sanctioning the Use of Civilians
5390-as Defenseless Shields Act (Public Law 115–348; 50 U.S.C. 1701
5391-note) is amended by striking ‘‘December 31, 2023’’ and inserting
5392-‘‘December 31, 2030’’.
5393-(d) S
5394-EVERABILITY.—The Sanctioning the Use of Civilians as
5395-Defenseless Shields Act (Public Law 115–348; 50 U.S.C. 1701 note)
5396-is amended by adding at the end the following:
5397-‘‘SEC. 6. SEVERABILITY.
5398-‘‘If any provision of this Act, or the application of such provision
5399-to any person or circumstance, is found to be unconstitutional,
5400-the remainder of this Act, or the application of that provision
5401-to other persons or circumstances, shall not be affected.’’.
5402-SEC. 4. REPORT ON COUNTERING THE USE OF HUMAN SHIELDS.
5403-(a) INGENERAL.—Not later than 120 days after the date of
5404-the enactment of this division, the Secretary of Defense shall submit
5405-to the congressional defense committees, the Committee on Foreign
5406-Affairs of the House of Representatives, and the Committee on
5407-Foreign Relations of the Senate a report that contains the following:
5408-(1) A description of the lessons learned from the United
5409-States and its allies and partners in addressing the use of
5410-human shields by terrorist organizations such as Hamas,
5411-Hezbollah, Palestine Islamic Jihad, and any other organization
5412-as determined by the Secretary of Defense.
5413-(2) A description of a specific plan and actions being taken
5414-by the Department of Defense to incorporate the lessons learned
5415-as identified in paragraph (1) into Department of Defense oper-
5416-ating guidance, relevant capabilities, and tactics, techniques,
5417-and procedures to deter, counter, and address the challenge
5418-posed by the use of human shields and hold accountable ter-
5419-rorist organizations for the use of human shields.
5420-(3) A description of specific measures being developed and
5421-implemented by the United States Government to mobilize
5422-and leverage allied nations, including member nations of the
5423-North Atlantic Treaty Organization (NATO), to deter, counter,
5424-and hold accountable terrorist organizations for the use of
5425-human shields.
5426-(4) The current status of joint exercises, doctrine develop-
5427-ment, education, and training on countering the use of human
5428-shields in multinational centers of excellence.
5429-(5) The current status of participation of members of the
5430-Armed Forces and Department of Defense civilian personnel
5431-in any multinational center of excellence for the purposes of
5432-countering the use of human shields.
5433-(6) The feasibility and advisability of beginning or con-
5434-tinuing participation of members of the Armed Forces and H. R. 815—96
5435-Department of Defense civilian personnel to promote the
5436-integration of joint exercises, doctrine development, education,
5437-and training on countering the use of human shields into multi-
5438-national centers of excellence.
5439-(b) D
5440-EFINITION.—In this section, the term ‘‘multinational center
5441-of excellence’’ has the meaning given that term in section 344
5442-of title 10, United States Code.
5443-SEC. 5. CONFRONTING ASYMMETRIC AND MALICIOUS CYBER ACTIVI-
5444-TIES.
5445-(a) INGENERAL.—On and after the date that is 180 days
5446-after the date of the enactment of this division, the President
5447-may impose the sanctions described in subsection (b) with respect
5448-to any foreign person that the Secretary of the Treasury, in con-
5449-sultation with the Attorney General and the Secretary of State
5450-determine, on or after such date of enactment—
5451-(1) is responsible for or complicit in, or has engaged know-
5452-ingly in, significant cyber-enabled activities originating from,
5453-or directed by persons located, in whole or in substantial part,
5454-outside the United States that are reasonably likely to result
5455-in, or have materially contributed to, a significant threat to
5456-the national security, foreign policy, or economic health or
5457-financial stability of the United States;
5458-(2) materially assisted, sponsored, or provided financial,
5459-material, or technological support for, or goods or services to
5460-or in support of, any activity described in this subsection or
5461-any person whose property and interests in property are blocked
5462-pursuant to this section;
5463-(3) is owned or controlled by, or has acted or purported
5464-to act for or on behalf of, directly or indirectly, any person
5465-whose property and interests in property are blocked pursuant
5466-to this section; or
5467-(4) has attempted to engage in any of the activities
5468-described in paragraph (1), (2), or (3).
5469-(b) S
5470-ANCTIONSDESCRIBED.—The sanctions described in this
5471-subsection are the following:
5472-(1) I
5473-NADMISSIBILITY TO UNITED STATES .—In the case of an
5474-alien—
5475-(A) ineligibility to receive a visa to enter the United
5476-States or to be admitted to the United States; or
5477-(B) if the individual has been issued a visa or other
5478-documentation, revocation, in accordance with section
5479-221(i) of the Immigration and Nationality Act (8 U.S.C.
5480-1201(i)), of the visa or other documentation.
5481-(2) B
5482-LOCKING OF PROPERTY .—The blocking, in accordance
5483-with the International Emergency Economic Powers Act (50
5484-U.S.C. 1701 et seq.), of all transactions in all property and
5485-interests in property of a foreign person if such property and
5486-interests in property are in the United States, come within
5487-the United States, or are or come within the possession or
5488-control of a United States person.
5489-(c) R
5490-EQUESTS BYAPPROPRIATECONGRESSIONAL COMMITTEES.—
5491-(1) I
5492-N GENERAL.—Not later than 120 days after receiving
5493-a request that meets the requirements of paragraph (2) with
5494-respect to whether a foreign person has engaged in an activity
5495-described in subsection (a), the Secretary of the Treasury, in H. R. 815—97
5496-consultation with the Attorney General and the Secretary of
5497-State shall—
5498-(A) determine if that person has engaged in such an
5499-activity; and
5500-(B) submit a classified or unclassified report to the
5501-chairperson and ranking member of the committee or
5502-committees that submitted the request with respect to that
5503-determination that includes—
5504-(i) a statement of whether or not the Secretary
5505-of the Treasury, in consultation with the Attorney Gen-
5506-eral and the Secretary of State imposed or intends
5507-to impose sanctions with respect to the person;
5508-(ii) if the President imposed or intends to impose
5509-sanctions, a description of those sanctions; and
5510-(iii) if the President does not intend to impose
5511-sanctions, a description of actions that meet the
5512-threshold for the President to impose sanctions.
5513-(2) R
5514-EQUIREMENTS.—A request under paragraph (1) with
5515-respect to whether a foreign person has engaged in an activity
5516-described in subsection (a) shall be submitted to the President
5517-in writing jointly by the chairperson and ranking member of
5518-one of the appropriate congressional committees.
5519-(d) A
5520-PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
5521-this section, the term ‘‘appropriate congressional committees’’
5522-means—
5523-(1) the Committee on Foreign Affairs, the Committee on
5524-Financial Services, and the Committee on the Judiciary of
5525-the House of Representatives; and
5526-(2) the Committee on Foreign Relations, the Committee
5527-on the Judiciary, and the Committee on Banking, Housing,
5528-and Urban Affairs of the Senate.
5529-SEC. 6. SANCTIONS WITH RESPECT TO THREATS TO CURRENT OR
5530-FORMER UNITED STATES OFFICIALS.
5531-(a) INGENERAL.—On and after the date that is 180 days
5532-after the date of the enactment of this division, the President
5533-shall impose the sanctions described in subsection (b) with respect
5534-to any foreign person the President determines has, on or after
5535-such date of enactment, ordered, directed, or taken material steps
5536-to carry out any use of violence or has attempted or threatened
5537-to use violence against any current or former official of the Govern-
5538-ment of the United States.
5539-(b) S
5540-ANCTIONSDESCRIBED.—The sanctions described in this
5541-subsection are the following:
5542-(1) I
5543-NADMISSIBILITY TO UNITED STATES .—In the case of a
5544-foreign person who is an individual—
5545-(A) ineligibility to receive a visa to enter the United
5546-States or to be admitted to the United States; or
5547-(B) if the individual has been issued a visa or other
5548-documentation, revocation, in accordance with section
5549-221(i) of the Immigration and Nationality Act (8 U.S.C.
5550-1201(i)), of the visa or other documentation.
5551-(2) B
5552-LOCKING OF PROPERTY .—The blocking, in accordance
5553-with the International Emergency Economic Powers Act (50
5554-U.S.C. 1701 et seq.), of all transactions in all property and
5555-interests in property of a foreign person if such property and
5556-interests in property are in the United States, come within H. R. 815—98
5557-the United States, or are or come within the possession or
5558-control of a United States person.
5559-(c) E
5560-NFORCEMENT OF BLOCKING OF PROPERTY.—A person that
5561-violates, attempts to violate, conspires to violate, or causes a viola-
5562-tion of a sanction described in subsection (b)(2) that is imposed
5563-by the President or any regulation, license, or order issued to
5564-carry out such a sanction shall be subject to the penalties set
5565-forth in subsections (b) and (c) of section 206 of the International
5566-Emergency Economic Powers Act (50 U.S.C. 1705) to the same
5567-extent as a person that commits an unlawful act described in
5568-subsection (a) of that section.
5569-(d) W
5570-AIVER.—The President may waive the application of sanc-
5571-tions under this section for renewable periods not to exceed 180
5572-days if the President—
5573-(1) determines that such a waiver is in the vital national
5574-security interests of the United States; and
5575-(2) not less than 15 days before the granting of the waiver,
5576-submits to the appropriate congressional committees a notice
5577-of and justification for the waiver.
5578-(e) T
5579-ERMINATION AND SUNSET.—
5580-(1) T
5581-ERMINATION OF SANCTIONS .—The President may termi-
5582-nate the application of sanctions under this section with respect
5583-to a person if the President determines and reports to the
5584-appropriate congressional committees not later than 15 days
5585-before the termination of the sanctions that—
5586-(A) credible information exists that the person did not
5587-engage in the activity for which sanctions were imposed;
5588-(B) the person has credibly demonstrated a significant
5589-change in behavior, has paid an appropriate consequence
5590-for the activity for which sanctions were imposed, and
5591-has credibly committed to not engage in an activity
5592-described in subsection (a) in the future; or
5593-(C) the termination of the sanctions is in the vital
5594-national security interests of the United States.
5595-(2) S
5596-UNSET.—The requirement to impose sanctions under
5597-this section shall terminate on the date that is 4 years after
5598-the date of the enactment of this division.
5599-(f) A
5600-PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
5601-this section, the term ‘‘appropriate congressional committees’’
5602-means—
5603-(1) the Committee on Foreign Affairs and the Committee
5604-on the Judiciary; and
5605-(2) the Committee on Foreign Relations and the Committee
5606-on the Judiciary.
5607-DIVISION P—ILLICIT CAPTAGON
5608-TRAFFICKING SUPPRESSION ACT
5609-SEC. 1. SHORT TITLE.
5610-This division may be cited as the ‘‘Illicit Captagon Trafficking
5611-Suppression Act of 2023’’.
5612-SEC. 2. FINDINGS.
5613-Congress finds the following:
5614-(1) Industrial scale production of the amphetamine-type
5615-stimulant also known as captagon, and the illicit production H. R. 815—99
5616-of precursor chemicals, in territories held by the regime of
5617-President Bashar al Assad in Syria are becoming more sophisti-
5618-cated and pose a severe challenge to regional and international
5619-security.
5620-(2) Elements of the Government of Syria are key drivers
5621-of illicit trafficking in captagon, with ministerial-level com-
5622-plicity in production and smuggling, using other armed groups
5623-such as Hizballah for technical and logistical support in
5624-captagon production and trafficking.
5625-(3) As affiliates of the Government of Syria and other
5626-actors seek to export captagon, they undermine regional secu-
5627-rity by empowering a broad range of criminal networks, militant
5628-groups, mafia syndicates, and autocratic governments.
5629-SEC. 3. STATEMENT OF POLICY.
5630-It is the policy of the United States to target individuals,
5631-entities, and networks associated with the Government of Syria
5632-to dismantle and degrade the transnational criminal organizations,
5633-including narcotics trafficking networks, associated with the regime
5634-of President Bashar al Assad in Syria and Hizballah.
5635-SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO ILLICIT
5636-CAPTAGON TRAFFICKING.
5637-(a) INGENERAL.—The sanctions described in subsection (b)
5638-shall be imposed with respect to any foreign person the President
5639-determines, on or after the date of enactment of this division—
5640-(1) engages in, or attempts to engage in, activities or trans-
5641-actions that have materially contributed to, or pose a significant
5642-risk of materially contributing to, the illicit production and
5643-international illicit proliferation of captagon; or
5644-(2) knowingly receives any property or interest in property
5645-that the foreign person knows—
5646-(A) constitutes or is derived from proceeds of activities
5647-or transactions that have materially contributed to, or pose
5648-a significant risk of materially contributing to, the illicit
5649-production and international illicit proliferation of
5650-captagon; or
5651-(B) was used or intended to be used to commit or
5652-to facilitate activities or transactions that have materially
5653-contributed to, or pose a significant risk of materially
5654-contributing to, the illicit production and international
5655-illicit proliferation of captagon.
5656-(b) S
5657-ANCTIONSDESCRIBED.—The sanctions described in this
5658-subsection are the following:
5659-(1) B
5660-LOCKING OF PROPERTY .—The President shall exercise
5661-all authorities granted under the International Emergency Eco-
5662-nomic Powers Act (50 U.S.C. 1701 et seq.) to the extent nec-
5663-essary to block and prohibit all transactions in property and
5664-interests in property of the foreign person if such property
5665-and interests in property are in the United States, come within
5666-the United States, or come within the possession or control
5667-of a United States person.
5668-(2) I
5669-NELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—
5670-(A) V
5671-ISAS, ADMISSION, OR PAROLE.—An alien described
5672-in subsection (a) shall be—
5673-(i) inadmissible to the United States;
5674-(ii) ineligible to receive a visa or other documenta-
5675-tion to enter the United States; and H. R. 815—100
5676-(iii) otherwise ineligible to be admitted or paroled
5677-into the United States or to receive any other benefit
5678-under the Immigration and Nationality Act (8 U.S.C.
5679-1101 et seq.).
5680-(B) C
5681-URRENT VISAS REVOKED .—
5682-(i) I
5683-N GENERAL.—The visa or other entry docu-
5684-mentation of any alien described in subsection (a) is
5685-subject to revocation regardless of the issue date of
5686-the visa or other entry documentation.
5687-(ii) I
5688-MMEDIATE EFFECT .—A revocation under clause
5689-(i) shall, in accordance with section 221(i) of the
5690-Immigration and Nationality Act (8 U.S.C. 1201(i))—
5691-(I) take effect immediately; and
5692-(II) cancel any other valid visa or entry docu-
5693-mentation that is in the possession of the alien.
5694-(c) P
5695-ENALTIES.—Any person that violates, or attempts to violate,
5696-subsection (b) or any regulation, license, or order issued pursuant
5697-to that subsection, shall be subject to the penalties set forth in
5698-subsections (b) and (c) of section 206 of the International Emergency
5699-Economic Powers Act (50 U.S.C. 1705) to the same extent as a
5700-person that commits an unlawful act described in subsection (a)
5701-of that section.
5702-(d) W
5703-AIVER.—
5704-(1) I
5705-N GENERAL.—The President may waive the application
5706-of sanctions under this section with respect to a foreign person
5707-only if, not later than 15 days prior to the date on which
5708-the waiver is to take effect, the President submits to the appro-
5709-priate congressional committees a written determination and
5710-justification that the waiver is important to the national secu-
5711-rity interests of the United States.
5712-(2) B
5713-RIEFING.—Not later than 60 days after the issuance
5714-of a waiver under paragraph (1), and every 180 days thereafter
5715-while the waiver remains in effect, the President shall brief
5716-the appropriate congressional committees on the reasons for
5717-the waiver.
5718-(e) I
5719-MPLEMENTATION .—The President may exercise all authori-
5720-ties provided under sections 203 and 205 of the International Emer-
5721-gency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry
5722-out this section.
5723-(f) R
5724-EGULATIONS.—
5725-(1) I
5726-N GENERAL.—The President shall, not later than 120
5727-days after the date of the enactment of this division, promulgate
5728-regulations as necessary for the implementation of this section.
5729-(2) N
5730-OTIFICATION TO CONGRESS .—Not later than 10 days
5731-before the promulgation of regulations under this subsection,
5732-the President shall notify the appropriate congressional commit-
5733-tees of the proposed regulations and the provisions of this
5734-section that the regulations are implementing.
5735-(g) E
5736-XCEPTIONS.—
5737-(1) E
5738-XCEPTION FOR INTELLIGENCE ACTIVITIES .—Sanctions
5739-under this section shall not apply to any activity subject to
5740-the reporting requirements under title V of the National Secu-
5741-rity Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
5742-intelligence activities of the United States.
5743-(2) E
5744-XCEPTION TO COMPLY WITH INTERNATIONAL OBLIGA -
5745-TIONS AND FOR LAW ENFORCEMENT ACTIVITIES .—Sanctions under H. R. 815—101
5746-this section shall not apply with respect to an alien if admitting
5747-or paroling the alien into the United States is necessary—
5748-(A) to permit the United States to comply with the
5749-Agreement regarding the Headquarters of the United
5750-Nations, signed at Lake Success June 26, 1947, and entered
5751-into force November 21, 1947, between the United Nations
5752-and the United States, or other applicable international
5753-obligations; or
5754-(B) to carry out or assist authorized law enforcement
5755-activity in the United States.
5756-(3) H
5757-UMANITARIAN ASSISTANCE .—
5758-(A) I
5759-N GENERAL.—Sanctions under this division shall
5760-not apply to—
5761-(i) the conduct or facilitation of a transaction for
5762-the provision of agricultural commodities, food, medi-
5763-cine, medical devices, humanitarian assistance, or for
5764-humanitarian purposes; or
5765-(ii) transactions that are necessary for or related
5766-to the activities described in clause (i).
5767-(B) D
5768-EFINITIONS.—In this subsection:
5769-(i) A
5770-GRICULTURAL COMMODITY .—The term ‘‘agricul-
5771-tural commodity’’ has the meaning given that term
5772-in section 102 of the Agricultural Trade Act of 1978
5773-(7 U.S.C. 5602).
5774-(ii) M
5775-EDICAL DEVICE.—The term ‘‘medical device’’
5776-has the meaning given the term ‘‘device’’ in section
5777-201 of the Federal Food, Drug, and Cosmetic Act (21
5778-U.S.C. 321).
5779-(iii) M
5780-EDICINE.—The term ‘‘medicine’’ has the
5781-meaning given the term ‘‘drug’’ in section 201 of the
5782-Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
5783-SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERNMENT OF
5784-SYRIA, HIZBALLAH, AND NETWORKS AFFILIATED WITH THE
5785-GOVERNMENT OF SYRIA OR HIZBALLAH.
5786-(a) INGENERAL.—Not later than 180 days after the date of
5787-the enactment of this division, the President shall—
5788-(1) determine whether each foreign person described in
5789-subsection (b) meets the criteria for sanctions under this divi-
5790-sion; and
5791-(2) submit to the appropriate congressional committees a
5792-report containing—
5793-(A) a list of all foreign persons described in subsection
5794-(b) that meet the criteria for imposition of sanctions under
5795-this division;
5796-(B) for each foreign person identified pursuant to
5797-subparagraph (A), a statement of whether sanctions have
5798-been imposed or will be imposed within 30 days of the
5799-submission of the report; and
5800-(C) with respect to any person identified pursuant to
5801-subparagraph (A) for whom sanctions have not been
5802-imposed and will not be imposed within 30 days of the
5803-submission of the report, the specific authority under which
5804-otherwise applicable sanctions are being waived, have
5805-otherwise been determined not to apply, or are not being
5806-imposed and a complete justification of the decision to
5807-waive or otherwise not apply such sanctions. H. R. 815—102
5808-(b) F
5809-OREIGN PERSONS DESCRIBED.—The foreign persons
5810-described in this subsection are the following:
5811-(1) Maher Al Assad.
5812-(2) Imad Abu Zureiq.
5813-(3) Amer Taysir Khiti.
5814-(4) Taher al-Kayyali.
5815-(5) Raji Falhout.
5816-(6) Mohammed Asif Issa Shalish.
5817-(7) Abdellatif Hamid.
5818-(8) Mustafa Al Masalmeh.
5819-SEC. 6. DEFINITIONS.
5820-In this division:
5821-(1) A
5822-PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
5823-‘‘appropriate congressional committees’’ means—
5824-(A) the Committee on Foreign Affairs, the Committee
5825-on Financial Services, and the Committee on the Judiciary
5826-of the House of Representatives; and
5827-(B) the Committee on Foreign Relations, the Com-
5828-mittee on Banking, Housing, and Urban Affairs, and the
5829-Committee on the Judiciary of the Senate.
5830-(2) C
5831-APTAGON.—The term ‘‘captagon’’ means any compound,
5832-mixture, or preparation which contains any quantity of a stimu-
5833-lant in schedule I or II of section 202 of the Controlled Sub-
5834-stances Act (21 U.S.C. 812), including—
5835-(A) amphetamine, methamphetamine, and fenethylline;
5836-(B) any immediate precursor or controlled substance
5837-analogue of such a stimulant, as defined in section 102
5838-of the Controlled Substances Act (21 U.S.C. 802); and
5839-(C) any isomers, esters, ethers, salts, and salts of iso-
5840-mers, esters, and ethers of such a stimulant, whenever
5841-the existence of such isomers, esters, ethers, and salts
5842-is possible within the specific chemical designation.
5843-(3) F
5844-OREIGN PERSON.—The term ‘‘foreign person’’—
5845-(A) means an individual or entity that is not a United
5846-States person; and
5847-(B) includes a foreign state (as such term is defined
5848-in section 1603 of title 28, United States Code).
5849-(4) I
5850-LLICIT PROLIFERATION .—The term ‘‘illicit proliferation’’
5851-refers to any illicit activity to produce, manufacture, distribute,
5852-sell, or knowingly finance or transport.
5853-(5) K
5854-NOWINGLY.—The term ‘‘knowingly’’ has the meaning
5855-given that term in section 14 of the Iran Sanctions Act of
5856-1996 (Public Law 104–172; 50 U.S.C. 1701 note).
5857-(6) U
5858-NITED STATES PERSON .—The term ‘‘United States per-
5859-son’’ means—
5860-(A) a United States citizen;
5861-(B) a permanent resident alien of the United States;
5862-(C) an entity organized under the laws of the United
5863-States or of any jurisdiction within the United States,
5864-including a foreign branch of such an entity; or
5865-(D) a person in the United States. H. R. 815—103
5866-DIVISION Q—END FINANCING FOR
5867-HAMAS AND STATE SPONSORS OF
5868-TERRORISM ACT
5869-SEC. 1. SHORT TITLE.
5870-This division may be cited as the ‘‘End Financing for Hamas
5871-and State Sponsors of Terrorism Act’’.
5872-SEC. 2. REPORT ON FINANCING FOR HAMAS.
5873-Not later than 180 days after the date of the enactment of
5874-this division, the Secretary of the Treasury shall submit to the
5875-Committee on Foreign Affairs and the Committee on Financial
5876-Services of the House of Representatives and to the Committee
5877-on Foreign Relations and the Committee on Banking, Housing,
5878-and Urban Affairs of the Senate a report (which shall be in unclassi-
5879-fied form but may include a classified annex) that includes—
5880-(1) an analysis of the major sources of financing to Hamas;
5881-(2) a description of United States and multilateral efforts
5882-to disrupt illicit financial flows involving Hamas;
5883-(3) an evaluation of United States efforts to undermine
5884-the ability of Hamas to finance armed hostilities against Israel;
5885-and
5886-(4) an implementation plan with respect to the multilateral
5887-strategy described in section 3.
5888-SEC. 3. MULTILATERAL STRATEGY TO DISRUPT HAMAS FINANCING.
5889-The Secretary of the Treasury, through participation in the
5890-G7, and other appropriate fora, shall develop a strategy in coordina-
5891-tion with United States allies and partners to ensure that Hamas
5892-is incapable of financing armed hostilities against Israel.
5893-DIVISION R—HOLDING IRANIAN
5894-LEADERS ACCOUNTABLE ACT
5895-SEC. 1. SHORT TITLE.
5896-This division may be cited as the ‘‘Holding Iranian Leaders
5897-Accountable Act of 2024’’.
5898-SEC. 2. FINDINGS.
5899-The Congress finds the following:
5900-(1) Iran is characterized by high levels of official and
5901-institutional corruption, and substantial involvement by Iran’s
5902-security forces, particularly the Islamic Revolutionary Guard
5903-Corps (IRGC), in the economy.
5904-(2) The Department of Treasury in 2019 designated the
5905-Islamic Republic of Iran’s financial sector as a jurisdiction
5906-of primary money laundering concern, concluding, ‘‘Iran has
5907-developed covert methods for accessing the international finan-
5908-cial system and pursuing its malign activities, including mis-
5909-using banks and exchange houses, operating procurement net-
5910-works that utilize front or shell companies, exploiting commer-
5911-cial shipping, and masking illicit transactions using senior offi-
5912-cials, including those at the Central Bank of Iran (CBI).’’. H. R. 815—104
5913-(3) In June 2019, the Financial Action Task Force (FATF)
5914-urged all jurisdictions to require increased supervisory exam-
5915-ination for branches and subsidiaries of financial institutions
5916-based in Iran. The FATF later called upon its members to
5917-introduce enhanced relevant reporting mechanisms or system-
5918-atic reporting of financial transactions, and require increased
5919-external audit requirements, for financial groups with respect
5920-to any of their branches and subsidiaries located in Iran.
5921-(4) According to the State Department’s ‘‘Country Reports
5922-on Terrorism’’ in 2021, ‘‘Iran continued to be the leading state
5923-sponsor of terrorism, facilitating a wide range of terrorist and
5924-other illicit activities around the world. Regionally, Iran sup-
5925-ported acts of terrorism in Bahrain, Iraq, Lebanon, Syria, and
5926-Yemen through proxies and partner groups such as Hizballah
5927-and Hamas.’’.
5928-SEC. 3. REPORT ON FINANCIAL INSTITUTIONS AND ASSETS CON-
5929-NECTED TO CERTAIN IRANIAN OFFICIALS.
5930-(a) FINANCIALINSTITUTIONS AND ASSETSREPORT.—
5931-(1) I
5932-N GENERAL.—Not later than 180 days after the date
5933-of the enactment of this division, and every 2 years thereafter,
5934-the President shall submit a report to the appropriate Members
5935-of Congress containing—
5936-(A) the estimated total funds or assets that are under
5937-direct or indirect control by each of the natural persons
5938-described under subsection (b), and a description of such
5939-funds or assets, except that the President may limit cov-
5940-erage of the report to not fewer than 5 of such natural
5941-persons in order to meet the submission deadline described
5942-under this paragraph;
5943-(B) a description of how such funds or assets were
5944-acquired, and how they have been used or employed;
5945-(C) a list of any non-Iranian financial institutions
5946-that—
5947-(i) maintain an account in connection with funds
5948-or assets described in subparagraph (A); or
5949-(ii) knowingly provide significant financial services
5950-to a natural person covered by the report; and
5951-(D) a description of any illicit or corrupt means
5952-employed to acquire or use such funds or assets.
5953-(2) E
5954-XEMPTIONS.—The requirements described under para-
5955-graph (1) may not be applied with respect to a natural person
5956-or a financial institution, as the case may be, if the President
5957-determines:
5958-(A) The funds or assets described under subparagraph
5959-(A) of paragraph (1) were acquired through legal or noncor-
5960-rupt means.
5961-(B) The natural person has agreed to provide signifi-
5962-cant cooperation to the United States for an important
5963-national security or law enforcement purpose with respect
5964-to Iran.
5965-(C) A financial institution that would otherwise be
5966-listed in the report required by paragraph (1) has agreed
5967-to—
5968-(i) no longer maintain an account described under
5969-subparagraph (C)(i) of paragraph (1); H. R. 815—105
5970-(ii) no longer provide significant financial services
5971-to a natural person covered by the report; or
5972-(iii) provide significant cooperation to the United
5973-States for an important national security or law
5974-enforcement purpose with respect to Iran.
5975-(3) W
5976-AIVER.—The President may waive for up to 1 year
5977-at a time any requirement under paragraph (1) with respect
5978-to a natural person or a financial institution after reporting
5979-in writing to the appropriate Members of Congress that the
5980-waiver is in the national interest of the United States, with
5981-a detailed explanation of the reasons therefor.
5982-(b) P
5983-ERSONSDESCRIBED.—The natural persons described in this
5984-subsection are the following:
5985-(1) The Supreme Leader of Iran.
5986-(2) The President of Iran.
5987-(3) The members of the Council of Guardians.
5988-(4) The members of the Expediency Council.
5989-(5) The Minister of Intelligence and Security.
5990-(6) The Commander and the Deputy Commander of the
5991-IRGC.
5992-(7) The Commander and the Deputy Commander of the
5993-IRGC Ground Forces.
5994-(8) The Commander and the Deputy Commander of the
5995-IRGC Aerospace Force.
5996-(9) The Commander and the Deputy Commander of the
5997-IRGC Navy.
5998-(10) The Commander of the Basij-e Mostaz’afin.
5999-(11) The Commander of the Qods Force.
6000-(12) The Commander in Chief of the Police Force.
6001-(13) The head of the IRGC Joint Staff.
6002-(14) The Commander of the IRGC Intelligence.
6003-(15) The head of the IRGC Imam Hussein University.
6004-(16) The Supreme Leader’s Representative at the IRGC.
6005-(17) The Chief Executive Officer and the Chairman of the
6006-IRGC Cooperative Foundation.
6007-(18) The Commander of the Khatam-al-Anbia Construction
6008-Head Quarter.
6009-(19) The Chief Executive Officer of the Basij Cooperative
6010-Foundation.
6011-(20) The head of the Political Bureau of the IRGC.
6012-(21) The senior leadership as determined by the President
6013-of the following groups:
6014-(A) Hizballah.
6015-(B) Hamas.
6016-(C) Palestinian Islamic Jihad.
6017-(D) Kata’ib Hizballah.
6018-(c) F
6019-ORM OFREPORT; PUBLICAVAILABILITY.—
6020-(1) F
6021-ORM.—The report required under subsection (a) and
6022-any waiver under subsection (a)(3) shall be submitted in
6023-unclassified form but may contain a classified annex.
6024-(2) P
6025-UBLIC AVAILABILITY .—The Secretary shall make the
6026-unclassified portion of such report public if the Secretary noti-
6027-fies the appropriate Members of Congress that the publication
6028-is in the national interest of the United States and would
6029-substantially promote—
6030-(A) deterring or sanctioning official corruption in Iran; H. R. 815—106
6031-(B) holding natural persons or financial institutions
6032-listed in the report accountable to the people of Iran;
6033-(C) combating money laundering or the financing of
6034-terrorism; or
6035-(D) achieving any other strategic objective with respect
6036-to the Government of Iran.
6037-(3) F
6038-ORMAT OF PUBLICLY AVAILABLE REPORTS .—If the Sec-
6039-retary makes the unclassified portion of a report public pursu-
6040-ant to paragraph (2), the Secretary shall make it available
6041-to the public on the website of the Department of the
6042-Treasury—
6043-(A) in English, Farsi, Arabic, and Azeri; and
6044-(B) in precompressed, easily downloadable versions
6045-that are made available in all appropriate formats.
6046-(d) R
6047-EPORT ANDBRIEFING ONIRANIANASSETS ANDLICENSES.—
6048-(1) I
6049-N GENERAL.—Not later than 30 days after the date
6050-of the enactment of this division, the Secretary of the Treasury
6051-shall submit to the appropriate members of Congress a report
6052-and provide to the appropriate congressional committees a
6053-briefing—
6054-(A) identifying—
6055-(i) all assets of the Government of Iran or covered
6056-persons valued at more than $5,000,000 and blocked
6057-by the United States pursuant to any provision of
6058-law; and
6059-(ii) for each such asset—
6060-(I) the country in which the asset is held;
6061-(II) the financial institution in which the asset
6062-is held; and
6063-(III) the approximate value of the asset; and
6064-(B) setting forth a list of all general licenses, specific
6065-licenses, action letters, comfort letters, statements of
6066-licensing policy, answers to frequently asked questions,
6067-or other exemptions issued by the Secretary with respect
6068-to sanctions relating to Iran that are in effect as of the
6069-date of the report.
6070-(2) F
6071-ORM.—
6072-(A) A
6073-SSETS.—The report and briefing required by para-
6074-graph (1) shall be submitted or provided, as the case may
6075-be, in unclassified form.
6076-(B) E
6077-XEMPTIONS.—The report and briefing required by
6078-paragraph (1) shall be submitted or provided, as the case
6079-may be, in classified form.
6080-(3) C
6081-OVERED PERSON DEFINED .—In this section, the term
6082-‘‘covered person’’ means—
6083-(A) an individual who is a citizen or national of Iran
6084-and is acting on behalf of the Government of Iran;
6085-(B) an entity organized under the laws of Iran or
6086-otherwise subject to the jurisdiction of the Government
6087-of Iran; and
6088-(C) an individual or entity that provides material, tac-
6089-tical, operational, developmental, or financial support to—
6090-(i) the Islamic Revolutionary Guard Corps;
6091-(ii) any agency or instrumentality of the armed
6092-forces of Iran;
6093-(iii) any agency or instrumentality related to the
6094-nuclear program of Iran; or H. R. 815—107
6095-(iv) any organization designated as a foreign ter-
6096-rorist organization under section 219 of the Immigra-
6097-tion and Nationality Act (8 U.S.C. 1189), including
6098-Hamas, Hezbollah, Palestinian Islamic Jihad, alQa’ida,
6099-and al-Shabaab.
6100-SEC. 4. RESTRICTIONS ON CERTAIN FINANCIAL INSTITUTIONS.
6101-(a) INGENERAL.—Not later than the date that is 90 days
6102-after submitting a report described under section 3(a)(1), the Sec-
6103-retary shall undertake the following with respect to a financial
6104-institution that is described under section 3(a)(1)(C) and listed
6105-in the report:
6106-(1) If the financial institution is a United States financial
6107-institution, require the closure of any account described in
6108-section 3(a)(1)(C)(i), and prohibit the provision of significant
6109-financial services, directly or indirectly, to a natural person
6110-covered by the report.
6111-(2) If the financial institution is a foreign financial institu-
6112-tion, actively seek the closure of any account described in
6113-section 3(a)(1)(C)(i), and the cessation of significant financial
6114-services to a natural person covered by the report, using any
6115-existing authorities of the Secretary, as appropriate.
6116-(b) S
6117-USPENSION.—The Secretary may suspend the application
6118-of subsection (a) with respect to a financial institution upon
6119-reporting to the appropriate Members of Congress that the suspen-
6120-sion is in the national interest of the United States, with a detailed
6121-explanation of the reasons therefor.
6122-SEC. 5. EXCEPTIONS FOR NATIONAL SECURITY; IMPLEMENTATION
6123-AUTHORITY.
6124-The following activities shall be exempt from requirements
6125-under sections 3 and 4:
6126-(1) Any activity subject to the reporting requirements under
6127-title V of the National Security Act of 1947 (50 U.S.C. 3091
6128-et seq.), or to any authorized intelligence activities of the United
6129-States.
6130-(2) The admission of an alien to the United States if such
6131-admission is necessary to comply with United States obligations
6132-under the Agreement between the United Nations and the
6133-United States of America regarding the Headquarters of the
6134-United Nations, signed at Lake Success June 26, 1947, and
6135-entered into force November 21, 1947, or under the Convention
6136-on Consular Relations, done at Vienna April 24, 1963, and
6137-entered into force March 19, 1967, or other applicable inter-
6138-national obligations of the United States.
6139-(3) The conduct or facilitation of a transaction for the
6140-sale of agricultural commodities, food, medicine, or medical
6141-devices to Iran or for the provision of humanitarian assistance
6142-to the people of Iran, including engaging in a financial trans-
6143-action relating to humanitarian assistance or for humanitarian
6144-purposes or transporting goods or services that are necessary
6145-to carry out operations relating to humanitarian assistance
6146-or humanitarian purposes.
6147-SEC. 6. SUNSET.
6148-The provisions of this division shall have no force or effect
6149-on the earlier of— H. R. 815—108
6150-(1) the date that is 5 years after the date of enactment
6151-of this division; or
6152-(2) 30 days after the Secretary reports in writing to the
6153-appropriate Members of Congress that—
6154-(A) Iran is not a jurisdiction of primary money laun-
6155-dering concern; or
6156-(B) the Government of Iran is providing significant
6157-cooperation to the United States for the purpose of pre-
6158-venting acts of international terrorism, or for the promotion
6159-of any other strategic objective that is important to the
6160-national interest of the United States, as specified in the
6161-report by the Secretary.
6162-SEC. 7. DEFINITIONS.
6163-For purposes of this division:
6164-(1) A
6165-PPROPRIATE MEMBERS OF CONGRESS .—The term ‘‘appro-
6166-priate Members of Congress’’ means the Speaker and Minority
6167-Leader of the House of Representatives, the Majority Leader
6168-and Minority Leader of the Senate, the Chairman and Ranking
6169-Member of the Committee on Foreign Affairs and the Com-
6170-mittee on Financial Services of the House of Representatives,
6171-and the Chairman and Ranking Member of the Committee
6172-on Foreign Relations and the Committee on Banking, Housing,
6173-and Urban Affairs of the Senate.
6174-(2) F
6175-INANCIAL INSTITUTION .—The term ‘‘financial institu-
6176-tion’’ means a United States financial institution or a foreign
6177-financial institution.
6178-(3) F
6179-OREIGN FINANCIAL INSTITUTION .—The term ‘‘foreign
6180-financial institution’’ has the meaning given that term in section
6181-561.308 of title 31, Code of Federal Regulations.
6182-(4) F
6183-UNDS.—The term ‘‘funds’’ means—
6184-(A) cash;
6185-(B) equity;
6186-(C) any other asset whose value is derived from a
6187-contractual claim, including bank deposits, bonds, stocks,
6188-a security as defined in section 2(a) of the Securities Act
6189-of 1933 (15 U.S.C. 77b(a)), or a security or an equity
6190-security as defined in section 3(a) of the Securities
6191-Exchange Act of 1934 (15 U.S.C. 78c(a)); and
6192-(D) anything else that the Secretary determines appro-
6193-priate.
6194-(5) K
6195-NOWINGLY.—The term ‘‘knowingly’’ with respect to
6196-conduct, a circumstance, or a result, means that a person
6197-has actual knowledge, or should have known, of the conduct,
6198-the circumstance, or the result.
6199-(6) S
6200-ECRETARY.—The term ‘‘Secretary’’ means the Secretary
6201-of the Treasury.
6202-(7) U
6203-NITED STATES FINANCIAL INSTITUTION .—The term
6204-‘‘United States financial institution’’ has the meaning given
6205-the term ‘‘U.S. financial institution’’ under section 561.309 of
6206-title 31, Code of Federal Regulations. H. R. 815—109
6207-DIVISION S—IRAN-CHINA ENERGY
6208-SANCTIONS ACT OF 2023
6209-SEC. 1. SHORT TITLE.
6210-This division may be cited as the ‘‘Iran-China Energy Sanctions
6211-Act of 2023’’.
6212-SEC. 2. SANCTIONS ON FOREIGN FINANCIAL INSTITUTIONS WITH
6213-RESPECT TO THE PURCHASE OF PETROLEUM PRODUCTS
6214-AND UNMANNED AERIAL VEHICLES FROM IRAN.
6215-Section 1245(d) of the National Defense Authorization Act for
6216-Fiscal Year 2012 (22 U.S.C. 8513a(d)) is amended—
6217-(1) by redesignating paragraph (5) as paragraph (6); and
6218-(2) by inserting after paragraph (4) the following new para-
6219-graph:
6220-‘‘(5) A
6221-PPLICABILITY OF SANCTIONS WITH RESPECT TO CHINESE
6222-FINANCIAL INSTITUTIONS .—
6223-‘‘(A) I
6224-N GENERAL.—For the purpose of paragraph (1)(A),
6225-a ‘significant financial transaction’ shall include, based on
6226-relevant facts and circumstances, any transaction—
6227-‘‘(i) by a Chinese financial institution (without
6228-regard to the size, number, frequency, or nature of
6229-the transaction) involving the purchase of petroleum
6230-or petroleum products from Iran; and
6231-‘‘(ii) by a foreign financial institution (without
6232-regard to the size, number, frequency, or nature of
6233-the transaction) involving the purchase of Iranian
6234-unmanned aerial vehicles (UAVs), UAV parts, or
6235-related systems.
6236-‘‘(B) D
6237-ETERMINATION REQUIRED .—Not later than 180
6238-days after the date of the enactment of this paragraph
6239-and every year thereafter for 5 years, the President shall—
6240-‘‘(i) determine whether any—
6241-‘‘(I) Chinese financial institution has engaged
6242-in a significant financial transaction as described
6243-in paragraph (1)(A)(i); and
6244-‘‘(II) financial institution has engaged in a
6245-significant financial transaction as described in
6246-paragraph (1)(A)(ii); and
6247-‘‘(ii) transmit the determination under clause (i)
6248-to the Committee on Foreign Affairs and the Com-
6249-mittee on Financial Services of the House of Represent-
6250-atives and to the Committee on Foreign Relations and
6251-the Committee on Banking, Housing, and Urban
6252-Affairs of the Senate.’’. H. R. 815—110
6253-DIVISION T—BUDGETARY EFFECTS
6254-SEC. 1. BUDGETARY EFFECTS.
6255-(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
6256-of division D and each subsequent division of this Act shall not
6257-be entered on either PAYGO scorecard maintained pursuant to
6258-section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
6259-(b) S
6260-ENATEPAYGO SCORECARDS.—The budgetary effects of
6261-division D and each subsequent division of this Act shall not be
6262-entered on any PAYGO scorecard maintained for purposes of section
6263-4106 of H. Con. Res. 71 (115th Congress).
6264-(c) C
6265-LASSIFICATION OF BUDGETARYEFFECTS.—Notwithstanding
6266-Rule 3 of the Budget Scorekeeping Guidelines set forth in the
6267-joint explanatory statement of the committee of conference accom-
6268-panying Conference Report 105–217 and section 250(c)(8) of the
6269-Balanced Budget and Emergency Deficit Control Act of 1985, the
6270-budgetary effects of division D and each subsequent division of
6271-this Act shall not be estimated—
6272-(1) for purposes of section 251 of such Act;
6273-(2) for purposes of an allocation to the Committee on Appro-
6274-priations pursuant to section 302(a) of the Congressional
6275-Budget Act of 1974; and
6276-(3) for purposes of paragraph (4)(C) of section 3 of the
6277-Statutory Pay-As-You-Go Act of 2010 as being included in an
6278-appropriation Act.
6279-Speaker of the House of Representatives.
6280-Vice President of the United States and
6281-President of the Senate.
7423+LASSIFICATION OFBUDGETARYEFFECTS.—Not-14
7424+withstanding Rule 3 of the Budget Scorekeeping Guidelines 15
7425+set forth in the joint explanatory statement of the committee 16
7426+of conference accompanying Conference Report 105–217 17
7427+and section 250(c)(8) of the Balanced Budget and Emer-18
7428+gency Deficit Control Act of 1985, the budgetary effects of 19
7429+division D and each subsequent division of this Act shall 20
7430+not be estimated— 21
7431+(1) for purposes of section 251 of such Act; 22
7432+(2) for purposes of an allocation to the Com-23
7433+mittee on Appropriations pursuant to section 302(a) 24
7434+of the Congressional Budget Act of 1974; and 25 268
7435+•HR 815 EAH
7436+(3) for purposes of paragraph (4)(C) of section 1
7437+3 of the Statutory Pay-As-You-Go Act of 2010 as 2
7438+being included in an appropriation Act. 3
7439+Attest:
7440+Clerk. 118
7441+TH
7442+CONGRESS
7443+2
7444+D
7445+S
7446+ESSION
7447+
7448+H.R. 815
7449+HOUSE AMENDMENT TO
7450+SENATE AMENDMENT