Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB3210 Compare Versions

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11 II
22 118THCONGRESS
33 1
44 STSESSION S. 3210
55 Making emergency supplemental appropriations to respond to the attacks
66 in Israel for the fiscal year ending September 30, 2024, and for other
77 purposes.
88 IN THE SENATE OF THE UNITED STATES
99 NOVEMBER2, 2023
1010 Mr. M
1111 ARSHALL(for himself, Mr. VANCE, Mr. SCOTTof Florida, Mr. BRAUN,
1212 and Ms. L
1313 UMMIS) introduced the following bill; which was read twice and
1414 referred to the Committee on Appropriations
1515 A BILL
1616 Making emergency supplemental appropriations to respond
1717 to the attacks in Israel for the fiscal year ending Sep-
1818 tember 30, 2024, and for other purposes.
1919 Be it enacted by the Senate and House of Representa-1
2020 tives of the United States of America in Congress assembled, 2
2121 That the following sums are appropriated, out of any 3
2222 money in the Treasury not otherwise appropriated, for the 4
2323 fiscal year ending September 30, 2024, and for other pur-5
2424 poses, namely: 6
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2828 TITLE I 1
2929 DEPARTMENT OF DEFENSE 2
3030 OPERATION AND MAINTENANCE 3
3131 O
3232 PERATION ANDMAINTENANCE, DEFENSE-WIDE 4
3333 (INCLUDING TRANSFER OF FUNDS) 5
3434 For an additional amount for ‘‘Operation and Main-6
3535 tenance, Defense-Wide’’, $4,400,000,000, to remain avail-7
3636 able until September 30, 2025, to respond to the attacks 8
3737 in Israel: Provided, That such amounts may be transferred 9
3838 to accounts under the headings ‘‘Operation and Mainte-10
3939 nance’’ and ‘‘Procurement’’ for replacement of defense ar-11
4040 ticles from the stocks of the Department of Defense, and 12
4141 for reimbursement for defense services of the Department 13
4242 of Defense and military education and training, provided 14
4343 to Israel or identified and notified to Congress for provi-15
4444 sion to Israel: Provided further, That funds transferred 16
4545 pursuant to the previous proviso shall be merged with and 17
4646 available for the same purposes and for the same time pe-18
4747 riod as the appropriations to which the funds are trans-19
4848 ferred: Provided further, That the Secretary of Defense 20
4949 shall notify the congressional defense committees of the 21
5050 details of such transfers not less than 15 days before any 22
5151 such transfer: Provided further, That upon a determina-23
5252 tion that all or part of the funds transferred from this 24
5353 appropriation are not necessary for the purposes provided 25
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5757 under this heading, such amounts may be transferred back 1
5858 and merged with this appropriation: Provided further, 2
5959 That any transfer authority provided under this heading 3
6060 is in addition to any other transfer authority provided by 4
6161 law: Provided further, That such amount is designated by 5
6262 the Congress as an emergency requirement pursuant to 6
6363 section 251(b)(2)(A)(i) of the Balanced Budget and 7
6464 Emergency Deficit Control Act of 1985, as amended. 8
6565 PROCUREMENT 9
6666 P
6767 ROCUREMENT OF AMMUNITION, ARMY 10
6868 For an additional amount for ‘‘Procurement of Am-11
6969 munition, Army’’, $801,400,000, to remain available until 12
7070 September 30, 2026, to respond to the attacks in Israel: 13
7171 Provided, That such amount is designated by the Congress 14
7272 as an emergency requirement pursuant to section 15
7373 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16
7474 Deficit Control Act of 1985, as amended. 17
7575 W
7676 EAPONSPROCUREMENT, NAVY 18
7777 For an additional amount for ‘‘Weapons Procure-19
7878 ment, Navy’’, $10,000,000, to remain available until Sep-20
7979 tember 30, 2026, to respond to the attacks in Israel: Pro-21
8080 vided, That such amount is designated by the Congress 22
8181 as an emergency requirement pursuant to section 23
8282 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24
8383 Deficit Control Act of 1985, as amended. 25
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8787 MISSILEPROCUREMENT, AIRFORCE 1
8888 For an additional amount for ‘‘Missile Procurement, 2
8989 Air Force’’, $38,600,000, to remain available until Sep-3
9090 tember 30, 2026, to respond to the attacks in Israel: Pro-4
9191 vided, That such amount is designated by the Congress 5
9292 as an emergency requirement pursuant to section 6
9393 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7
9494 Deficit Control Act of 1985, as amended. 8
9595 P
9696 ROCUREMENT, DEFENSE-WIDE 9
9797 For an additional amount for ‘‘Procurement, De-10
9898 fense-Wide’’, $4,000,000,000, to remain available until 11
9999 September 30, 2026, for the Secretary of Defense to pro-12
100100 vide to the Government of Israel for the procurement of 13
101101 the Iron Dome and David’s Sling defense systems to 14
102102 counter short-range rocket threats: Provided, That such 15
103103 funds shall be transferred pursuant to an exchange of let-16
104104 ters and are in addition to funds provided pursuant to the 17
105105 U.S.-Israel Iron Dome Procurement Agreement, as 18
106106 amended: Provided further, That nothing under this head-19
107107 ing shall be construed to apply to amounts made available 20
108108 in prior appropriations Acts for the procurement of the 21
109109 Iron Dome and David’s Sling defense systems: Provided 22
110110 further, That such amount is designated by the Congress 23
111111 as an emergency requirement pursuant to section 24
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115115 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1
116116 Deficit Control Act of 1985, as amended. 2
117117 RESEARCH, DEVELOPMENT, TEST AND 3
118118 EVALUATION 4
119119 R
120120 ESEARCH, DEVELOPMENT, TEST ANDEVALUATION, 5
121121 D
122122 EFENSE-WIDE 6
123123 (INCLUDING TRANSFERS OF FUNDS) 7
124124 For an additional amount for ‘‘Research, Develop-8
125125 ment, Test and Evaluation, Defense-Wide’’, 9
126126 $1,350,000,000, to remain available until September 30, 10
127127 2025, to respond to the attacks in Israel, of which 11
128128 $1,200,000,000 shall be for the Secretary of Defense to 12
129129 provide to the Government of Israel for the development 13
130130 of the Iron Beam defense system to counter short-range 14
131131 rocket threats: Provided, That such funds shall be trans-15
132132 ferred pursuant to an exchange of letters: Provided fur-16
133133 ther, That nothing in the preceding proviso shall be con-17
134134 strued to apply to amounts made available in prior appro-18
135135 priations Acts for the development of the Iron Beam de-19
136136 fense system: Provided further, That such amounts may 20
137137 be transferred to ‘‘Procurement, Defense-Wide’’ for the 21
138138 production of such system: Provided further, That the Sec-22
139139 retary of Defense shall notify the congressional defense 23
140140 committees of the details of such transfers not less than 24
141141 15 days before any such transfer: Provided further, That 25
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145145 upon a determination that all or part of the funds trans-1
146146 ferred from this appropriation are not necessary for the 2
147147 purposes provided under this heading, such amounts may 3
148148 be transferred back and merged with this appropriation: 4
149149 Provided further, That any transfer authority provided 5
150150 under this heading is in addition to any other transfer au-6
151151 thority provided by law: Provided further, That such 7
152152 amount is designated by the Congress as an emergency 8
153153 requirement pursuant to section 251(b)(2)(A)(i) of the 9
154154 Balanced Budget and Emergency Deficit Control Act of 10
155155 1985, as amended. 11
156156 GENERAL PROVISIONS—THIS TITLE 12
157157 S
158158 EC. 101. Section 12001 of the Department of De-13
159159 fense Appropriations Act, 2005 (Public Law 108–287), as 14
160160 amended by Public Law 115–141, is amended as follows: 15
161161 (1) In paragraph (2) of subsection (a), by strik-16
162162 ing ‘‘armor’’ and all that follows through the end of 17
163163 the paragraph and inserting ‘‘defense articles that 18
164164 are in the inventory of the Department of Defense 19
165165 as of the date of transfer, are intended for use as 20
166166 reserve stocks for Israel, and are located in a stock-21
167167 pile for Israel as of the date of transfer’’; 22
168168 (2) In subsection (b), by striking ‘‘at least 23
169169 equal to the fair market value of the items trans-24
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173173 ferred’’ and inserting ‘‘in an amount to be deter-1
174174 mined by the Secretary of Defense’’; and 2
175175 (3) In subsection (c), by striking ‘‘30’’ and in-3
176176 serting ‘‘15’’, and by inserting ‘‘Appropriations,’’ 4
177177 after ‘‘Committees on’’ in both places it occurs. 5
178178 S
179179 EC. 102. During fiscal year 2024, section 514(b) of 6
180180 the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)) 7
181181 shall not apply to defense articles to be set aside, ear-8
182182 marked, reserved, or intended for use as reserve stocks 9
183183 in stockpiles in the State of Israel. 10
184184 S
185185 EC. 103. Not later than 30 days after the date of 11
186186 enactment of this Act, and every 30 days thereafter 12
187187 through fiscal year 2025, the Secretary of Defense, in co-13
188188 ordination with the Secretary of State, shall provide a 14
189189 written report to the Committees on Appropriations, 15
190190 Armed Services, and Foreign Affairs of the House of Rep-16
191191 resentatives and the Committees on Appropriations, 17
192192 Armed Services, and Foreign Relations of the Senate de-18
193193 scribing United States security assistance provided to 19
194194 Israel since the October 7, 2023, terrorist attack on Israel, 20
195195 including a comprehensive list of the defense articles and 21
196196 services provided to Israel and the associated authority 22
197197 and funding used to provide such articles and services: 23
198198 Provided, That such report shall be submitted in unclassi-24
199199 fied form, but may be accompanied by a classified annex. 25
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203203 SEC. 104. Concurrent with any notification of assist-1
204204 ance made pursuant to section 506(b)(1) of the Foreign 2
205205 Assistance Act of 1961 (22 U.S.C. 2318(b)(1)), the Sec-3
206206 retary of Defense shall submit a written notification to 4
207207 the congressional defense committees that contains a de-5
208208 scription of the defense articles and defense services to 6
209209 be furnished, including the quantity, approximate value, 7
210210 and an estimate of the cost to replace such article or an 8
211211 equivalent capability; and a timeline for the delivery of 9
212212 such defense articles and defense services. 10
213213 TITLE II 11
214214 DEPARTMENT OF STATE AND RELATED 12
215215 AGENCY 13
216216 DEPARTMENT OF STATE 14
217217 A
218218 DMINISTRATION OFFOREIGNAFFAIRS 15
219219 DIPLOMATIC PROGRAMS 16
220220 For an additional amount for ‘‘Diplomatic Pro-17
221221 grams’’, $150,000,000, to remain available until Sep-18
222222 tember 30, 2025, for responding to the attacks in Israel 19
223223 and areas impacted by the attacks in Israel, including for 20
224224 crisis response and relocation support for Mission Israel, 21
225225 of which $100,000,000 shall be available until expended 22
226226 for Worldwide Security Protection to sustain requirements 23
227227 for Mission Israel and other United States missions af-24
228228 fected by the attacks in Israel: Provided, That such 25
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232232 amount is designated by the Congress as an emergency 1
233233 requirement pursuant to section 251(b)(2)(A)(i) of the 2
234234 Balanced Budget and Emergency Deficit Control Act of 3
235235 1985, as amended. 4
236236 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 5
237237 SERVICE 6
238238 For an additional amount for ‘‘Emergencies in the 7
239239 Diplomatic and Consular Service’’, $50,000,000, to re-8
240240 main available until September 30, 2025, for emergency 9
241241 evacuation of United States Government personnel and 10
242242 citizens in Israel and in countries in the region impacted 11
243243 by the attacks in Israel: Provided, That such amount is 12
244244 designated by the Congress as an emergency requirement 13
245245 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-14
246246 et and Emergency Deficit Control Act of 1985, as amend-15
247247 ed. 16
248248 INTERNATIONAL SECURITY ASSISTANCE 17
249249 F
250250 UNDSAPPROPRIATED TO THE PRESIDENT 18
251251 FOREIGN MILITARY FINANCING PROGRAM 19
252252 For an additional amount for ‘‘Foreign Military Fi-20
253253 nancing Program’’, $3,500,000,000, to remain available 21
254254 until September 30, 2025, to respond to the attacks in 22
255255 Israel: Provided, That funds made available under this 23
256256 heading in this Act and prior Acts making appropriations 24
257257 for the Department of State, foreign operations, and re-25
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261261 lated programs for fiscal year 2024, in addition to funds 1
262262 otherwise available for such purposes, may be used by the 2
263263 Department of State for necessary expenses for the gen-3
264264 eral costs of administering military assistance and sales, 4
265265 including management and oversight of such programs 5
266266 and activities: Provided further, That, to the extent that 6
267267 the Government of Israel requests that funds be used for 7
268268 such purposes, grants made available for Israel under this 8
269269 heading shall, as agreed by the United States and Israel, 9
270270 be available for advanced weapons systems, of which up 10
271271 to $3,500,000,000 may be available for the procurement 11
272272 in Israel of defense articles and defense services: Provided 12
273273 further, That any congressional notification requirement 13
274274 applicable to funds made available under this heading for 14
275275 Israel may be waived if a determination is made that ex-15
276276 traordinary circumstances exist that impact the national 16
277277 security of the United States: Provided further, That such 17
278278 amount is designated by the Congress as an emergency 18
279279 requirement pursuant to section 251(b)(2)(A)(i) of the 19
280280 Balanced Budget and Emergency Deficit Control Act of 20
281281 1985, as amended. 21
282282 GENERAL PROVISIONS—THIS TITLE 22
283283 S
284284 EC. 201. (a) During fiscal year 2024, and subject 23
285285 to subsection (b), section 506(a)(1) of the Foreign Assist-24
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289289 ance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied 1
290290 by substituting ‘‘$2,500,000,000’’ for ‘‘$100,000,000’’. 2
291291 (b) Subsection (a) shall not take effect unless the 3
292292 Secretary of State determines and reports to the appro-4
293293 priate congressional committees that the exercise of the 5
294294 authority of such subsection is necessary to respond to the 6
295295 situation in Israel. 7
296296 S
297297 EC. 202. Not later than 30 days after the date of 8
298298 enactment of this Act, the Secretary of State shall submit 9
299299 to the Committees on Appropriations a report on the pro-10
300300 posed uses of funds appropriated by this title to respond 11
301301 to the situation in Israel: Provided, That such report shall 12
302302 be updated and submitted to such Committees every 60 13
303303 days thereafter until September 30, 2025, and every 180 14
304304 days thereafter until all funds have been expended, and 15
305305 shall include information detailing how estimates and as-16
306306 sumptions contained in previous reports have changed, in-17
307307 cluding obligations and expenditures. 18
308308 TITLE III 19
309309 GENERAL PROVISIONS—THIS ACT 20
310310 S
311311 EC. 301. Each amount appropriated or made avail-21
312312 able by this Act is in addition to amounts otherwise appro-22
313313 priated for the fiscal year involved. 23
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317317 SEC. 302. No part of any appropriation contained in 1
318318 this Act shall remain available for obligation beyond the 2
319319 current fiscal year unless expressly so provided herein. 3
320320 S
321321 EC. 303. Unless otherwise provided for by this Act, 4
322322 the additional amounts appropriated by this Act to appro-5
323323 priations accounts shall be available under the authorities 6
324324 and conditions applicable to such appropriations accounts 7
325325 for fiscal year 2024. 8
326326 S
327327 EC. 304. Each amount designated in this Act by the 9
328328 Congress as an emergency requirement pursuant to sec-10
329329 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-11
330330 gency Deficit Control Act of 1985, as amended, shall be 12
331331 available (or rescinded or transferred, if applicable) only 13
332332 if the President subsequently so designates all such 14
333333 amounts and transmits such designations to the Congress. 15
334334 S
335335 EC. 305. Any amount appropriated by this Act, des-16
336336 ignated by the Congress as an emergency requirement 17
337337 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-18
338338 et and Emergency Deficit Control Act of 1985, as amend-19
339339 ed, and subsequently so designated by the President, and 20
340340 transferred pursuant to transfer authorities provided by 21
341341 this Act shall retain such designation. 22
342342 BUDGETARY OFFSETS 23
343343 S
344344 EC. 306. (a) RESCISSION OFCERTAINBALANCES 24
345345 M
346346 ADEAVAILABLE TO THE INTERNALREVENUESERV-25
347347 ICE.—Of the unobligated balances of amounts appro-26
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351351 priated or otherwise made available for activities of the 1
352352 Internal Revenue Service by paragraphs (1)(A)(ii), 2
353353 (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 10301 3
354354 of Public Law 117–169 (commonly known as the ‘‘Infla-4
355355 tion Reduction Act of 2022’’) as of the date of the enact-5
356356 ment of this Act, $14,300,000,000 are hereby rescinded. 6
357357 (b) C
358358 LASSIFICATION OF BUDGETARYEFFECTS.— 7
359359 Notwithstanding Rule 3 of the Budget Scorekeeping 8
360360 Guidelines set forth in the joint explanatory statement of 9
361361 the committee of conference accompanying Conference Re-10
362362 port 105–217 and section 250(c)(8) of the Balanced 11
363363 Budget and Emergency Deficit Control Act of 1985, the 12
364364 budgetary effects of this section shall not be estimated— 13
365365 (1) for purposes of section 251 of such Act; 14
366366 (2) for purposes of an allocation to the Com-15
367367 mittee on Appropriations pursuant to section 302(a) 16
368368 of the Congressional Budget Act of 1974; and 17
369369 (3) for purposes of paragraph (4)(C) of section 18
370370 3 of the Statutory Pay-As-You-Go Act of 2010 as 19
371371 being included in an appropriation Act. 20
372372 This Act may be cited as the ‘‘Israel Security Supple-21
373373 mental Appropriations Act, 2024’’. 22
374374 Æ
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