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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7372 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7372

Making emergency supplemental appropriations to provide defense support 
to Ukraine, Israel, and Taiwan for the fiscal year ending September 30, 
  2024, to require the Secretary of Homeland Security to suspend the 
         entry of inadmissible aliens, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2024

Mr. Fitzpatrick (for himself, Mr. Golden of Maine, Mr. Bacon, Mr. Case, 
  Mr. Lawler, and Ms. Perez) introduced the following bill; which was 
  referred to the Committee on Appropriations, and in addition to the 
Committee on the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
Making emergency supplemental appropriations to provide defense support 
to Ukraine, Israel, and Taiwan for the fiscal year ending September 30, 
  2024, to require the Secretary of Homeland Security to suspend the 
         entry of inadmissible aliens, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defending Borders, Defending 
Democracies Act''.

SEC. 2. EXPIRATION OF AUTHORITIES AND APPROPRIATIONS.

    Authorities provided by this Act and any amounts authorized or 
otherwise made available under this Act may not be exercised after the 
date that is 1 year after the date of enactment of this Act.

                     DIVISION A--DEFENDING BORDERS

SEC. 101. TEMPORARY EXPULSION OF INADMISSIBLE ARRIVING ALIENS.

    (a) In General.--Notwithstanding any other provision of law, during 
the period beginning on the date of the enactment of this Act and 
ending on the date that is 1 year following the date of enactment of 
this Act, an immigration officer who determines that an alien who is 
arriving in the United States at or along the border between the United 
States and Mexico is inadmissible under section paragraph (6)(C) or (7) 
of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)), shall, subject to sections 102 and 103, process the alien for 
expulsion from the United States without further hearing or review.
    (b) Detention Pending Expulsion.--An alien subject to expulsion 
under subsection (a) shall be detained pending expulsion.

SEC. 102. COUNTRIES TO WHICH ALIENS MAY BE EXPELLED.

    (a) In General.--Except as provided in subsection (b), an alien who 
is processed for expulsion pursuant to section 101(a) shall be expelled 
to Mexico.
    (b) Alternative Countries.--If the Government of Mexico is 
unwilling to accept an alien subject to expulsion under section 101(a) 
into the territory of Mexico or if the Secretary of Homeland Security 
determines that expulsion to Mexico would not be in the national 
interest of the United States, such alien shall be expelled, as 
directed by the Secretary, to--
            (1) the country of which such alien is a citizen, subject, 
        or national;
            (2) the country in which such alien was born;
            (3) the country in which such alien has a residence; or
            (4) a country with a government that will accept such alien 
        into its territory if expulsion to each country described in 
        paragraphs (1) through (3) is impracticable, inadvisable, or 
        impossible.
    (c) Restriction on Expulsion to a Country Where an Alien Would Be 
Threatened With Persecution or Torture.--
            (1) In general.--Notwithstanding subsections (a) and (b), 
        and except as provided in paragraph (2), the Secretary of 
        Homeland Security may not expel an alien to a country if--
                    (A) the alien's life or freedom would be threatened 
                in such country because of such alien's race, religion, 
                nationality, membership in a particular social group or 
                political opinion; or
                    (B) there are substantial grounds for believing 
                that such alien would be in danger of being subjected 
                to torture if expelled to such country.
            (2) Exception.--Paragraph (1) shall not apply--
                    (A) to an alien who is deportable under section 
                237(a)(4)(D) of the Immigration and Nationality Act (8 
                U.S.C. 1227(a)(4)(D)); or
                    (B) if the Secretary of Homeland Security 
                determines that--
                            (i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        an individual because of the individual's race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion;
                            (ii) the alien, having been convicted by a 
                        final judgement of a particularly serious 
                        crime, is a danger to the citizens of the 
                        United States;
                            (iii) there are serious reasons to believe 
                        that the alien committed a serious nonpolitical 
                        crime outside the United States before the 
                        alien arrived in the United States; or
                            (iv) there are reasonable grounds to 
                        believe that the alien is a danger to the 
                        national security of the United States.
            (3) Determinations.--
                    (A) Particularly serious crime.--For purposes of 
                paragraph (2)(B)(ii), an alien who has been convicted 
                of an aggravated felony or felonies for which the alien 
                has been sentenced to an aggregate term of imprisonment 
                of not less than 5 years shall be considered to have 
                committed a particularly serious crime. Notwithstanding 
                the previous sentence, the Secretary of Homeland 
                Security may determine that an alien sentenced to an 
                aggregate term of imprisonment of less than 5 years has 
                been convicted of a particularly serious crime.
                    (B) Danger to national security.--For purposes of 
                paragraph (2)(B)(iv), an alien who is described in 
                section 237(a)(4)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1227(a)(4)(B)) shall be considered to be 
                an alien with respect to whom there are reasonable 
                grounds for regarding as a danger to the national 
                security of the United States.
            (4) Referral to asylum officer.--
                    (A) Referral.--If an alien expresses to an 
                immigration officer a fear that such alien's life or 
                freedom would be threatened in the country to which 
                such alien will be expelled or that the alien would be 
                in danger of being subjected to torture in such 
                country, the immigration officer shall refer the alien 
                for an interview by an asylum officer employed in the 
                Refugee, Asylum and International Operations 
                Directorate of U.S. Citizenship and Immigration 
                Services for a determination pursuant to paragraphs (1) 
                and (2).
                    (B) Burden of proof; credibility.--In determining 
                whether an alien has demonstrated that such alien's 
                life or freedom would be threatened for a reason 
                described in paragraph (1)(A) or whether the alien 
                would be subjected to torture described in subparagraph 
                (1)(B), the asylum officer shall--
                            (i) determine whether the alien has 
                        sustained the alien's burden of proof; and
                            (ii) make credibility determinations, in 
                        the manner described in clauses (ii) and (iii) 
                        of section 208(b)(1)(B) of the Immigration and 
                        Nationality Act (8 U.S.C. 1158(b)(1)(B)).

SEC. 103. WAIVER AUTHORITY.

    (a) In General.--The Office of Field Operations Port Director 
(referred to in this subsection as ``Director'') for each land port of 
entry situated on the border between the United States and Mexico shall 
coordinate with the Commissioner of U.S. Customs and Border Protection 
to determine the maximum number of aliens per day that the Office of 
Field Operations staff at such port are capable of--
            (1) safely processing through such port of entry; and
            (2) placing with nongovernmental organizations to provide 
        short term shelter and services.
    (b) Strategy.--At the time of a determination under subsection (a), 
the Director shall develop a strategy to safely and humanely identify 
eligible individuals in the United States, giving priority to 
individuals who--
            (1) have a disability or an acute medical condition;
            (2) are in need of advanced medical care that cannot be 
        obtained in their current location; or
            (3) are described in section 102(c)(1).
    (c) Exception.--An immigration officer, after approval from the 
Commissioner of U.S. Customs and Border Protection, may, on a case-by-
case basis, except an alien from expulsion based on the totality of the 
circumstances, including consideration of significant law enforcement 
officer, public safety, humanitarian, and public health interests. An 
alien who has been excepted from expulsion under this subsection shall 
be processed in accordance with the immigration laws (as defined in 
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))).

SEC. 104. AUTHORITY TO SUSPEND ENTRY OF ALIENS AT THE BORDER.

    (a) Authority To Suspend Entry of Aliens at Borders of the United 
States.--Notwithstanding any other provision of law, if the Secretary 
of Homeland Security determines, in his discretion, that the suspension 
of the entry of covered aliens at an international land or maritime 
border of the United States is necessary in order to achieve 
operational control over such border, the Secretary may prohibit, in 
whole or in part, the entry of covered aliens at such border for such 
period of time as the Secretary determines is necessary for such 
purpose.
    (b) Definitions.--In this section:
            (1) Except as otherwise provided, the terms have the 
        meanings given such terms in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101).
            (2) The term ``covered alien'' means an alien seeking entry 
        to the United States who is inadmissible under section 
        212(a)(7) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(7)).
            (3) The term ``operational control'' has the meaning given 
        such term in section 2 of the Secure Fence Act of 2006 (8 
        U.S.C. 1701 note).

SEC. 105. LIMITATION ON USE OF FEDERAL FUNDS TO MOVE ALIENS.

    No Federal funds may be used to transfer or otherwise move an alien 
in the custody of the Federal Government from a facility in which such 
alien was first detained to another location for a purpose other than 
adjudicating such alien's status.

SEC. 106. TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.

    Section 1225(b)(2)(C) of title 8, United States Code, is amended by 
striking ``may'' and inserting ``shall''.

                   DIVISION B--DEFENDING DEMOCRACIES

     The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2024, and for other purposes, namely:

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$207,158,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$3,538,000, to remain available until September 30, 2025, to respond to 
the situation in Ukraine and for related expenses:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$23,302,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                    Military Personnel, Space Force

    For an additional amount for ``Military Personnel, Space Force'', 
$4,192,000, to remain available until September 30, 2025, to respond to 
the situation in Ukraine and for related expenses:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$4,887,581,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine and for related expenses:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$1,534,163,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine, to support improvements to the 
submarine industrial base, and for related expenses:  Provided, That of 
the total amount provided under this heading in this Act, $976,405,000 
shall be to respond to the situation in Ukraine and for related 
expenses:  Provided further, That of the total amount provided under 
this heading in this Act, $557,758,000 shall be to support improvements 
to the submarine industrial base and for related expenses:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $69,045,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine and for related expenses:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $846,869,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine and for related expenses:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Space Force

    For an additional amount for ``Operation and Maintenance, Space 
Force'', $8,443,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine and for related expenses:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Defense-Wide

                     (including transfers of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $34,230,780,000, to remain available until September 30, 2025, 
to respond to the situations in Israel, Ukraine, and Taiwan and for 
related expenses:  Provided, That of the total amount provided under 
this heading in this Act, $13,772,460,000 shall be for the Ukraine 
Security Assistance Initiative:  Provided further, That such funds for 
the Ukraine Security Assistance Initiative shall be available to the 
Secretary of Defense under the same terms and conditions as are 
provided for under this heading in the Additional Ukraine Supplemental 
Appropriations Act, 2023 (division M of Public Law 117-328), and shall 
be available notwithstanding section 8135 of the Department of Defense 
Appropriations Act, 2023 (division C of Public Law 117-328) or any 
similar provision in any other Act making appropriations for the 
Department of Defense:  Provided further, That of the total amount 
provided under this heading in this Act, up to $4,400,000,000, to 
remain available until September 30, 2025, may be transferred to 
accounts under the headings ``Operation and Maintenance'', 
``Procurement'', and ``Revolving and Management Funds'' for 
replacement, through new procurement or repair of existing 
unserviceable equipment, of defense articles from the stocks of the 
Department of Defense, and for reimbursement for defense services of 
the Department of Defense and military education and training, provided 
to or identified for provision to the Government of Israel or to 
foreign countries that have provided support to Israel at the request 
of the United States:  Provided further, That up to $13,414,432,000, to 
remain available until September 30, 2025, may be transferred to 
accounts under the headings ``Operation and Maintenance'', 
``Procurement'', and ``Revolving and Management Funds'' for 
replacement, through new procurement or repair of existing 
unserviceable equipment, of defense articles from the stocks of the 
Department of Defense, and for reimbursement for defense services of 
the Department of Defense and military education and training, provided 
to or identified for provision to the Government of Ukraine or to 
foreign countries that have provided support to Ukraine at the request 
of the United States:  Provided further, That up to $1,900,000,000, to 
remain available until September 30, 2025, may be transferred to 
accounts under the headings ``Operation and Maintenance'', 
``Procurement'', and ``Revolving and Management Funds'' for 
replacement, through new procurement or repair of existing 
unserviceable equipment, of defense articles from the stocks of the 
Department of Defense, and for reimbursement for defense services of 
the Department of Defense and military education and training, provided 
to or identified for provision to the Government of Taiwan or to 
foreign countries that have provided support to Taiwan at the request 
of the United States:  Provided further, That funds transferred 
pursuant to the preceding three provisos shall be merged with and 
available for the same purposes and for the same time period as the 
appropriations to which the funds are transferred:  Provided further, 
That the Secretary of Defense shall notify the congressional defense 
committees of the details of such transfers not less than 15 days 
before any such transfer:  Provided further, That upon a determination 
that all or part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such amounts may be 
transferred back and merged with this appropriation:  Provided further, 
That any transfer authority provided herein is in addition to any other 
transfer authority provided by law:  Provided further, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                              PROCUREMENT

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$2,742,757,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine and for related expenses:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$6,414,300,000, to remain available until September 30, 2025, to 
respond to the situations in Israel and Ukraine and for related 
expenses:  Provided, That of the total amount provided under this 
heading in this Act, $801,400,000 shall be to respond to the situation 
in Israel and for related expenses:  Provided further, That of the 
total amount provided under this heading in this Act, $5,612,900,000 
shall be to respond to the situation in Ukraine and for related 
expenses:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$308,991,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$706,976,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                   Shipbuilding and Conversion, Navy

    For an additional amount for ``Shipbuilding and Conversion, Navy'', 
$2,155,000,000, to remain available until September 30, 2025, to 
support improvements to the submarine industrial base and for related 
expenses:  Provided, That of the total amount provided under this 
heading in this Act, funds shall be available as follows:
            Columbia Class Submarine (AP), $1,955,000,000; and
            Virginia Class Submarine (AP), $200,000,000:
  Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$319,570,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine, to support improvements to the submarine 
industrial base, and for related expenses:  Provided, That of the total 
amount provided under this heading in this Act, $26,000,000 shall be to 
respond to the situation in Ukraine and for related expenses:  Provided 
further, That of the total amount provided under this heading in this 
Act, $293,570,000 shall be to support improvements to the submarine 
industrial base and for related expenses:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$212,443,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$366,001,000, to remain available until September 30, 2025, to respond 
to the situation in Ukraine and for related expenses:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$2,808,678,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine and for other expenses:  Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$5,246,780,000, to remain available until September 30, 2025, to 
respond to the situations in Israel and Ukraine and for related 
expenses:  Provided, That of the total amount provided under this 
heading in this Act, $4,000,000,000 shall be for the Secretary of 
Defense to provide to the Government of Israel for the procurement of 
the Iron Dome and David's Sling defense systems to counter short-range 
rocket threats:  Provided further, That of the total amount provided 
under this heading in this Act, $1,200,000,000 shall be for the 
Secretary of Defense to provide to the Government of Israel for the 
procurement of the Iron Beam defense system to counter short-range 
rocket threats:  Provided further, That funds in the preceding provisos 
shall be transferred pursuant to an exchange of letters and are in 
addition to funds provided pursuant to the U.S.-Israel Iron Dome 
Procurement Agreement, as amended:  Provided further, That nothing 
under this heading in this Act shall be construed to apply to amounts 
made available in prior appropriations Acts for the procurement of the 
Iron Dome and David's Sling defense systems or for the procurement of 
the Iron Beam defense system:  Provided further, That of the total 
amount provided under this heading in this Act, $46,780,000 shall be to 
respond to the situation in Ukraine and for related expenses:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                    Defense Production Act Purchases

    For an additional amount for ``Defense Production Act Purchases'', 
$331,200,000, to remain available until September 30, 2025, for 
activities by the Department of Defense pursuant to sections 108, 301, 
302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 
4531, 4532, and 4533):  Provided, That such amounts shall be obligated 
and expended by the Secretary of Defense as if delegated the necessary 
authorities conferred by the Defense Production Act of 1950:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $18,594,000, to remain available until September 
30, 2025, to respond to the situation in Ukraine and for related 
expenses:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $20,825,000, to remain available until September 
30, 2025, to respond to the situation in Ukraine, to support 
improvements to the submarine industrial base, and for related 
expenses:  Provided, That of the total amount provided under this 
heading in this Act, $13,825,000 shall be to respond to the situation 
in Ukraine and for related expenses:  Provided further, That of the 
total amount provided under this heading in this Act, $7,000,000 shall 
be to support improvements to the submarine industrial base and for 
related expenses:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $406,834,000, to remain available until 
September 30, 2025, to respond to the situation in Ukraine and for 
related expenses:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $194,125,000, to remain available until 
September 30, 2025, to respond to the situation in Ukraine and for 
related expenses:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                    Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$8,000,000, to remain available until September 30, 2025, which shall 
be for operation and maintenance of the Office of the Inspector 
General, including the Special Inspector General for Operation Atlantic 
Resolve, to carry out reviews of the activities of the Department of 
Defense to execute funds appropriated in this Act, including assistance 
provided to Ukraine:  Provided, That the Inspector General of the 
Department of Defense shall provide to the congressional defense 
committees a briefing not later than 90 days after the date of 
enactment of this Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                            RELATED AGENCIES

               Intelligence Community Management Account

    For an additional amount for ``Intelligence Community Management 
Account'', $2,000,000, to remain available until September 30, 2025, to 
respond to the situation in Ukraine and for related expenses:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfers of funds)

    Sec. 101. (a) Upon the determination of the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may, with the approval of the Director of the Office of Management and 
Budget, transfer up to $1,000,000,000 only between the appropriations 
or funds made available in this title to the Department of Defense to 
respond to the situation in Ukraine and for related expenses:  
Provided, That the Secretary shall notify the Congress promptly of each 
transfer made pursuant to the authority in this subsection:  Provided 
further, That such authority is in addition to any transfer authority 
otherwise provided by law and is subject to the same terms and 
conditions as the authority provided in section 8005 of the Department 
of Defense Appropriations Act, 2023, or any similar provision in any 
subsequent Act making appropriations for the Department of Defense for 
Fiscal Year 2024, except for monetary limitations concerning the amount 
of authority available.
    (b) Upon the determination by the Director of National Intelligence 
that such action is necessary in the national interest, the Director 
may, with the approval of the Director of the Office of Management and 
Budget, transfer up to $250,000,000 only between the appropriations or 
funds made available in this title for the National Intelligence 
Program:  Provided, That the Director of National Intelligence shall 
notify the Congress promptly of all transfers made pursuant to the 
authority in this subsection:  Provided further, That such authority is 
in addition to any transfer authority otherwise provided by law and is 
subject to the same terms and conditions as the authority provided in 
section 8093 of the Department of Defense Appropriations Act, 2023, or 
any similar provision in any subsequent Act making appropriations for 
the Department of Defense for Fiscal Year 2024, except for monetary 
limitations concerning the amount of authority available.
    Sec. 102.  Not later than 60 days after the date of enactment of 
this Act, the Secretary of Defense, in coordination with the Secretary 
of State, shall submit a report to the Committees on Appropriations, 
Armed Services, and Foreign Affairs of the House of Representatives and 
the Committees on Appropriations, Armed Services, and Foreign Relations 
of the Senate on measures being taken to account for United States 
defense articles designated for Ukraine since the February 24, 2022, 
Russian invasion of Ukraine, particularly measures with regard to such 
articles that require enhanced end-use monitoring; measures to ensure 
that such articles reach their intended recipients and are used for 
their intended purposes; and any other measures to promote 
accountability for the use of such articles:  Provided, That such 
report shall include a description of any occurrences of articles not 
reaching their intended recipients or used for their intended purposes 
and a description of any remedies taken:  Provided further, That such 
report shall be submitted in unclassified form, but may be accompanied 
by a classified annex.
    Sec. 103.  Not later than 30 days after the date of enactment of 
this Act, and every 30 days thereafter through fiscal year 2025, the 
Secretary of Defense, in coordination with the Secretary of State, 
shall provide a written report to the Committees on Appropriations, 
Armed Services, and Foreign Affairs of the House of Representatives and 
the Committees on Appropriations, Armed Services, and Foreign Relations 
of the Senate describing United States security assistance provided to 
Ukraine since the February 24, 2022, Russian invasion of Ukraine, 
including a comprehensive list of the defense articles and services 
provided to Ukraine and the associated authority and funding used to 
provide such articles and services:  Provided, That such report shall 
be submitted in unclassified form, but may be accompanied by a 
classified annex.
    Sec. 104.  For an additional amount for the Department of Defense, 
$2,440,000,000, to remain available until September 30, 2025, for 
transfer to military personnel accounts, operation and maintenance 
accounts, procurement accounts, research, development, test and 
evaluation accounts, and the Defense Working Capital Funds, in addition 
to amounts otherwise made available for such purpose, only for U.S. 
operations, force protection, deterrence, and the replacement of combat 
expenditures in the United States Central Command region:  Provided, 
That none of the funds provided under this section may be obligated or 
expended until 30 days after the Secretary of Defense provides to the 
congressional defense committees an execution plan:  Provided further, 
That not less than 15 days prior to any transfer of funds, the 
Secretary of Defense shall notify the congressional defense committees 
of the details of any such transfer:  Provided further, That upon 
transfer, the funds shall be merged with and available for the same 
purposes, and for the same time period, as the appropriation to which 
transferred:  Provided further, That any transfer authority provided 
herein is in addition to any other transfer authority provided by law:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 105.  For an additional amount for the Department of Defense, 
$542,400,000, to remain available until September 30, 2025, for 
transfer to operation and maintenance accounts, procurement accounts, 
and research, development, test and evaluation accounts, in addition to 
amounts otherwise made available for such purpose, only for unfunded 
priorities of the United States Indo-Pacific Command for fiscal year 
2024 (as submitted to Congress pursuant to section 1105 of title 31, 
United States Code):  Provided, That none of the funds provided under 
this section may be obligated or expended until 30 days after the 
Secretary of Defense, through the Under Secretary of Defense 
(Comptroller), provides the Committees on Appropriations of the House 
of Representatives and the Senate a detailed execution plan for such 
funds:  Provided further, That not less than 15 days prior to any 
transfer of funds, the Secretary of Defense shall notify the 
congressional defense committees of the details of any such transfer:  
Provided further, That upon transfer, the funds shall be merged with 
and available for the same purposes, and for the same time period, as 
the appropriation to which transferred:  Provided further, That any 
transfer authority provided herein is in addition to any other transfer 
authority provided by law:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
                                 <all>
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