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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8036 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8036

  Making emergency supplemental appropriations for assistance for the 
Indo-Pacific region and for related expenses for the fiscal year ending 
              September 30, 2024, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2024

Mr. Cole (for himself, Mr. Calvert, and Mr. Diaz-Balart) introduced the 
following bill; which was referred to the Committee on Appropriations, 
  and in addition to the Committee on the Budget, for a period to be 
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 for assistance for the 
Indo-Pacific region and for related expenses for the fiscal year ending 
              September 30, 2024, and for other purposes.

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

                                TITLE I

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$557,758,000, to remain available until September 30, 2024, to support 
improvements to the submarine industrial base 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'', $1,900,000,000, to remain available until September 30, 2025, 
to respond to the situation in Taiwan and for related expenses:  
Provided, That such funds 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 Taiwan or identified and 
notified to Congress for provision to 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 proviso 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

                   Shipbuilding and Conversion, Navy

    For an additional amount for ``Shipbuilding and Conversion, Navy'', 
$2,155,000,000, to remain available until September 30, 2028, 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'', 
$293,570,000, to remain available until September 30, 2026, to support 
improvements to the submarine industrial base 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.

                    Defense Production Act Purchases

    For an additional amount for ``Defense Production Act Purchases'', 
$132,600,000, to remain available until expended, 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, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $7,000,000, to remain available until September 30, 
2025, to support improvements to the submarine industrial base 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

    Sec. 101.  For an additional amount for the Department of Defense, 
$542,400,000, to remain available until September 30, 2024, 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.

                                TITLE II

                         DEPARTMENT OF DEFENSE

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $281,914,000, to remain available until September 30, 
2028, to support improvements to the submarine industrial base and for 
related expenses:  Provided, That not later than 60 days after the date 
of enactment of this Act, the Secretary of the Navy, or their designee, 
shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate an expenditure plan for funds provided 
under this heading in this Act:  Provided further, That such funds may 
be obligated or expended for planning and design and military 
construction projects not otherwise authorized 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.

                               TITLE III

                 DEPARTMENT OF STATE AND RELATED AGENCY

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing 
Program'', $2,000,000,000, to remain available until September 30, 
2025, for assistance for the Indo-Pacific region and for related 
expenses:  Provided, That amounts made available under this heading in 
this Act and unobligated balances of amounts made available under this 
heading in Acts making appropriations for the Department of State, 
foreign operations, and related programs for fiscal year 2024 and prior 
fiscal years shall be available for the cost of loans and loan 
guarantees as authorized by section 2606 of the Ukraine Supplemental 
Appropriations Act, 2022 (division N of Public Law 117-103), subject to 
the terms and conditions provided in such section, or as otherwise 
authorized by law:  Provided further, That loan guarantees made using 
amounts described in the preceding proviso for loans financed by the 
Federal Financing Bank may be provided notwithstanding any provision of 
law limiting the percentage of loan principal that may be guaranteed:  
Provided further, That up to $5,000,000 of funds made available under 
this heading in this Act, in addition to funds otherwise available for 
such purposes, may be used by the Department of State for necessary 
expenses for the general costs of administering military assistance and 
sales, including management and oversight of such programs and 
activities:  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.

                   INTERNATIONAL ASSISTANCE PROGRAMS

                        Multilateral Assistance

       contribution to the international development association

    For an additional amount for ``Contribution to the International 
Development Association'', $250,000,000, to remain available until 
expended, which shall be made available for a contribution to the 
International Development Association Special Program to Enhance Crisis 
Response Window:  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. 301.  During fiscal year 2024, section 506(a)(1) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied 
by substituting ``$7,800,000,000'' for ``$100,000,000''.
    Sec. 302.  During fiscal year 2024, section 506(a)(2)(B) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be 
applied by substituting ``$400,000,000'' for ``$200,000,000'' in the 
matter preceding clause (i), and by substituting ``$150,000,000'' for 
``$75,000,000'' in clause (i).
    Sec. 303.  During fiscal year 2024, section 552(c)(2) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied 
by substituting ``$50,000,000'' for ``$25,000,000''.
    Sec. 304. (a) Section 2606 of the Ukraine Supplemental 
Appropriations Act, 2022 (division N of Public Law 117-103) is amended 
as follows:
    (1) in subsection (a), by striking ``and North Atlantic Treaty 
Organization (NATO) allies'' and inserting ``, North Atlantic Treaty 
Organization (NATO) allies, major non-NATO allies, and the Indo-Pacific 
region''; by striking ``$4,000,000,000'' and inserting 
``$8,000,000,000''; and by striking ``, except that such rate may not 
be less than the prevailing interest rate on marketable Treasury 
securities of similar maturity''.
    (2) in subsection (b), by striking ``and NATO allies'' and 
inserting ``, NATO allies, major non-NATO allies, and the Indo-Pacific 
region''; by striking ``$4,000,000,000'' and inserting 
``$8,000,000,000''; and by inserting at the end of the second proviso 
``except for guarantees of loans by the Federal Financing Bank''.
    (b) Funds made available for the costs of direct loans and loan 
guarantees for major non-NATO allies and the Indo-Pacific region 
pursuant to section 2606 of division N of Public Law 117-103, as 
amended by subsection (a), may only be made available from funds 
appropriated by this Act under the heading ``Foreign Military Financing 
Program'' and available balances from under such heading in prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs: Provided, That such funds may only be made 
available if the Secretary of State certifies and reports to the 
appropriate congressional committees, not less than 15 days prior to 
the obligation of such funds, that such direct loan or loan guarantee 
is in the national security interest of the United States, is being 
provided in response to exigent circumstances, is addressing a mutually 
agreed upon emergency requirement of the recipient country, and the 
recipient country has a plan to repay such loan: Provided further, That 
not less than 60 days after the date of enactment of this Act, the 
Secretary of State shall consult with such committees on the 
implementation of this subsection.
    (c) Amounts repurposed pursuant to this section that were 
previously designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the Budget are designated as an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 305.  Prior to the initial obligation of funds made available 
in this title in this Act, but not later than 15 days after the date of 
enactment of this Act, the Secretary of State and the Secretary of the 
Treasury, as appropriate, shall submit to the Committees on 
Appropriations spend plans, as defined in section 7034(s)(4) of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2023 (division K of Public Law 117-328), at the 
country, account, and program level, for funds appropriated by this Act 
under the headings ``Foreign Military Financing Program'' and 
``Contribution to the International Development Association'': 
Provided, That plans submitted pursuant to this paragraph shall include 
for each program notified--(A) total funding made available for such 
program, by account and fiscal year; (B) funding that remains 
unobligated for such program from prior year base or supplemental 
appropriations; (C) funding that is obligated but unexpended for such 
program; and (D) funding committed, but not yet notified for such 
program.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 402.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 403.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2024.
    Sec. 404.  Funds appropriated by this Act for foreign assistance 
(including foreign military sales), for the Department of State, for 
broadcasting subject to supervision of United States Agency for Global 
Media, and for intelligence or intelligence related activities are 
deemed to be specifically authorized by the Congress for the purposes 
of section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
section 313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
    Sec. 405.  Each amount designated in this Act 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 shall 
be available (or repurposed or rescinded, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 406.  Any amount appropriated by this Act, designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.

                       spending reduction account

    Sec. 407. $0.
     This Act may be cited as the ``Indo-Pacific Security Supplemental 
Appropriations Act, 2024''.
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