II 

Calendar No. 231 

118TH CONGRESS 

1ST SESSION S. 3135 

Making emergency supplemental appropriations for assistance for the situation 

in Israel for the fiscal year ending September 30, 2024, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2023 

Mr. MARSHALL (for himself, Mr. VANCE, Mr. LEE, Mr. CRUZ, Mrs. BLACKBURN, Mr. JOHNSON, Ms. LUMMIS, and Mr. TUBERVILLE) introduced the 

following bill; which was read the first time 

OCTOBER 26, 2023 

Read the second time and placed on the calendar 

A BILL 

Making emergency supplemental appropriations for assistance for the situation in Israel for the fiscal year ending 

September 30, 2024, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 3135 PCS

1 TITLE I—SUPPLEMENTAL 

2 APPROPRIATIONS FOR ISRAEL 

3 DEPARTMENT OF DEFENSE 

4 OPERATION AND MAINTENANCE 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-wide’’, $4,400,000,000, to remain avail8 able until September 30, 2025, to respond to the situation 

9 in Israel and for related expenses: Provided, That amounts 

10 made available under this heading shall be available for 

11 transfer to accounts under the headings ‘‘Operation and 

12 Maintenance’’, ‘‘Procurement’’, ‘‘Research, Development, 

13 Test, and Evaluation’’, and ‘‘Revolving and Management 

14 Funds’’ for replacement, through new procurement or re15 pair of existing unserviceable equipment, of defense arti16 cles from the stocks of the Department of Defense, and 

17 for reimbursement for defense services of the Department 

18 of Defense and military education and training, provided 

19 to or identified for provision to Israel or to foreign coun20 tries that have provided support to Israel at the request 

21 of the United States: Provided further, That amounts 

22 made available under this heading may also be transferred 

23 to accounts under the heading ‘‘Procurement’’ for expan24 sion of public and private plants, including the land nec25 essary therefor, and procurement and installation of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 3135 PCS

1 equipment, appliances, and machine tools in such plants, 

2 for the purpose of increasing production of critical muni3 tions: Provided further, That amounts made available 

4 under this heading may also be transferred to accounts 

5 under the heading ‘‘Procurement’’ and ‘‘Research, Devel6 opment, Test and Evaluation’’ for the acquisition of crit7 ical defense articles: Provided further, That funds trans8 ferred pursuant to a transfer authority provided under 

9 this heading shall be merged with and available for the 

10 same purposes and for the same time period as the appro11 priations to which the funds are transferred: Provided fur12 ther, That the Secretary of Defense shall notify the con13 gressional defense committees of the details of such trans14 fers not less than 15 days before any such transfer: Pro15 vided further, That upon a determination that all or part 

16 of the funds transferred from this appropriation are not 

17 necessary for the purposes provided under this heading, 

18 such amounts may be transferred back and merged with 

19 this appropriation: Provided further, That amounts may 

20 be transferred between appropriations made under this 

21 heading: Provided further, That any transfer authority 

22 provided under this heading is in addition to any other 

23 transfer authority provided by law: Provided further, That 

24 such amount in this paragraph is designated by Congress 

25 as an emergency requirement pursuant to section 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 3135 PCS

1 251(b)(2)(A) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985, as amended: Provided further, 

3 That such amounts shall be available only if the President 

4 designates such amount as an emergency requirement pur5 suant to section 251(b)(2)(A). 

6 PROCUREMENT 

7 PROCUREMENT OF AMMUNITION, ARMY

8 For an additional amount for ‘‘Procurement of Am9 munition, Army’’, $801,400,000, to remain available until 

10 September 30, 2026, to respond to the situation in Israel 

11 and for related expenses: Provided, That such amount is 

12 designated by the Congress as an emergency requirement 

13 pursuant to section 251(b)(2)(A) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985, as amended: 

15 Provided further, That such amount shall be available only 

16 if the President designates such amount as an emergency 

17 requirement pursuant to section 251(b)(2)(A). 

18 PROCUREMENT, DEFENSE-WIDE

19 For an additional amount for ‘‘Procurement, De20 fense-wide’’, $4,000,000,000, to remain available until 

21 September 30, 2027, for the Secretary of Defense to pro22 vide to the Government of Israel for the procurement of 

23 the Iron Dome and David’s Sling defense systems to 

24 counter short-range rocket threats: Provided, That such 

25 funds shall be transferred pursuant to an exchange of letVerDate Sep 11 2014 00:50 Oct 27, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3135.PCS S3135

kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 3135 PCS

1 ters and are in addition to funds provided pursuant to the 

2 U.S.-Israel Iron Dome Procurement Agreement, as 

3 amended: Provided further, That nothing under this head4 ing shall be construed to apply to amounts made available 

5 in prior appropriations Acts for the procurement of the 

6 Iron Dome and David’s Sling defense systems: Provided 

7 further, That such amount is designated by Congress as 

8 being for an emergency requirement pursuant to section 

9 251(b)(2)(A) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985, as amended: Provided further, 

11 That such amounts shall be available only if the President 

12 designates such amount as an emergency requirement pur13 suant to section 251(b)(2)(A). 

14 DEFENSE PRODUCTION ACT PURCHASES

15 For an additional amount for ‘‘Defense Production 

16 Act Purchases’’, $198,600,000, to remain available until 

17 expended, for activities by the Department of Defense pur18 suant to sections 108, 301, 302, and 303 of the Defense 

19 Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 

20 4533): Provided, That such amounts shall be obligated 

21 and expended by the Secretary of Defense as if delegated 

22 the necessary authorities conferred by the Defense Pro23 duction Act of 1950: Provided further, That such amount 

24 is designated by Congress as an emergency requirement 

25 pursuant to section 251(b)(2)(A) of the Balanced Budget 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 3135 PCS

1 and Emergency Deficit Control Act of 1985, as amended: 

2 Provided further, That such amount shall be available only 

3 if the President designates such amount as an emergency 

4 requirement pursuant to section 251(b)(2)(A). 

5 RESEARCH, DEVELOPMENT, TEST AND 

6 EVALUATION 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 DEFENSE-WIDE

9 For an additional amount for ‘‘Research, Develop10 ment, Test and Evaluation, Defense-wide’’, 

11 $1,200,000,000, to remain available until September 30, 

12 2026, for the Secretary of Defense to provide to the Gov13 ernment of Israel for the development of the Iron Beam 

14 defense system to counter short-range rocket threats: Pro15 vided, That such funds shall be transferred pursuant to 

16 an exchange of letters: Provided further, That nothing in 

17 the preceding proviso shall be construed to apply to 

18 amounts made available in prior appropriations Acts for 

19 the development of the Iron Beam defense system: Pro20 vided further, That such amount is designated by Congress 

21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985, as amended: Provided further, 

24 That such amounts shall be available only if the President 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 3135 PCS

1 designates such amount as an emergency requirement pur2 suant to section 251(b)(2)(A). 

3 DEPARTMENT OF STATE AND RELATED 

4 AGENCY 

5 DEPARTMENT OF STATE 

6 ADMINISTRATION OF FOREIGN AFFAIRS

7 DIPLOMATIC PROGRAMS

8 For an additional amount for ‘‘Diplomatic pro9 grams’’, $150,000,000, to remain available until Sep10 tember 30, 2025, of which $50,000,000 shall be for re11 sponding to the situation in Israel and areas impacted by 

12 the situation in Israel, and of which $100,000,000 shall 

13 be available until expended for Worldwide Security Protec14 tion to respond to the situation in Israel and areas im15 pacted by the situation in Israel: Provided, That such 

16 amount is designated by Congress as an emergency re17 quirement pursuant to section 251(b)(2)(A) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985, 

19 as amended: Provided further, That such amount shall be 

20 available only if the President designates such amount as 

21 an emergency requirement pursuant to section 

22 251(b)(2)(A). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 3135 PCS

1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

2 SERVICE

3 For an additional amount for ‘‘Emergencies in the 

4 Diplomatic and Consular Service’’, $50,000,000, to re5 main available until September 30, 2025, to meet unfore6 seen emergencies arising in the diplomatic and consular 

7 service: Provided, That such amount is designated by Con8 gress as an emergency requirement pursuant to section 

9 251(b)(2)(A) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985, as amended: Provided further, 

11 That such amount shall be available only if the President 

12 designates such amount as an emergency requirement pur13 suant to section 251(b)(2)(A). 

14 EXPANDED TRANSFER AUTHORITY FOR CONSULAR AND

15 BORDER SECURITY PROGRAMS

16 During fiscal years 2024 and 2025, funds deposited 

17 in the consular and border security programs account in 

18 any fiscal year that are available for obligation may be 

19 transferred to, and merged with, funds appropriated by 

20 any Act making appropriations for the Department of 

21 State, foreign operations, and related programs under the 

22 headings ‘‘Diplomatic Programs’’ (including for worldwide 

23 security protection), ‘‘Embassy Security, Construction, 

24 and Maintenance’’, and ‘‘Emergencies in the Diplomatic 

25 and Consular Service’’, for emergency evacuations or to 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 3135 PCS

1 prevent or respond to security situations and require2 ments: Provided, That any such transfer shall be subject 

3 to prior consultation with, and the regular notification 

4 procedures of, the Committee on Appropriations of the 

5 Senate and the House of Representatives: Provided fur6 ther, That such transfer authority is in addition to any 

7 transfer authority otherwise available in this Act and 

8 under any other provision of law. 

9 INTERNATIONAL SECURITY ASSISTANCE 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 FOREIGN MILITARY FINANCING PROGRAM

12 For an additional amount for ‘‘Foreign Military Fi13 nancing Program’’, $3,500,000,000, to remain available 

14 until September 30, 2025, which shall be for responding 

15 to the situation in Israel and related expenses: Provided, 

16 That funds made available under this heading in this Act 

17 and Acts making appropriations for the Department of 

18 State, foreign operations, and related programs for fiscal 

19 year 2024, and prior fiscal years, in addition to funds oth20 erwise available for such purposes, may be used by the 

21 Department of State for necessary expenses for the gen22 eral costs of administering military assistance and sales, 

23 including management and oversight of such programs 

24 and activities: Provided further, That direct loans made 

25 using amounts described in the preceding proviso may be 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 3135 PCS

1 made notwithstanding any provision of law limiting the in2 terest rate charged to borrowers: Provided further, That 

3 loan guarantees made using amounts described in the sec4 ond proviso under this heading for loans financed by the 

5 Federal Financing Bank may be provided notwithstanding 

6 any provision of law limiting the percentage of loan prin7 cipal that may be guaranteed: Provided further, That, to 

8 the extent that the Government of Israel requests that 

9 funds be used for such purposes, grants made available 

10 for Israel under this heading shall, as agreed by the 

11 United States and Israel, be available for advanced weap12 ons systems, of which up to $3,500,000,000 may be avail13 able for the procurement in Israel of defense articles and 

14 defense services: Provided further, That any congressional 

15 notification requirement applicable to funds made avail16 able under this heading for Israel may be waived if a de17 termination is made that extraordinary circumstances 

18 exist that impact the national security of the United 

19 States: Provided further, That such amount is designated 

20 by Congress as an emergency requirement pursuant to 

21 section 251(b)(2)(A) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985, as amended: Provided 

23 further, That such amount shall be available only if the 

24 President designates such amount as an emergency re25 quirement pursuant to section 251(b)(2)(A). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 3135 PCS

1 TITLE II—GENERAL PROVISIONS 

2 SEC. 201. DRAWDOWN AUTHORITY. 

3 (a) IN GENERAL.—Section 506(a) of the Foreign As4 sistance Act of 1961 (22 U.S.C. 2318(a)) is amended by 

5 adding at the end the following new paragraph: 

6 ‘‘(4) For fiscal year 2024, in addition to 

7 amounts otherwise specified in this section, the 

8 President may direct the drawdown of defense arti9 cles from the stocks of the Department of Defense, 

10 defense services of the Department of Defense, and 

11 military education and training, of an aggregate 

12 value not to exceed $7,000,000,000, to be provided 

13 to Israel.’’. 

14 (b) NATIONAL INTEREST.—Section 506(a)(2) of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)) 

16 is amended by adding at the end the following new sub17 paragraph: 

18 ‘‘(C) For fiscal year 2024, in addition to 

19 amounts otherwise specified in this section, an ag20 gregate value not to exceed $200,000,000 of any 

21 such articles, services, and military education and 

22 training may be provided to Israel pursuant to sub23 paragraph (A) of this paragraph, not more than 

24 $75,000,000 of which may be provided from the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•S 3135 PCS

1 drawdown from the inventory and resources of the 

2 Department of Defense.’’. 

3 (c) EMERGENCY TRANSFER OF FUNDS.—Section 

4 552(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 

5 2348a(c)) is amended by adding at the end the following: 

6 ‘‘For fiscal year 2024, in addition to the aggregate value 

7 of $25,000,000 authorized in the text in paragraph (1) 

8 designated as paragraph (2) of the sentence preceding the 

9 immediately preceding sentence, the President may direct 

10 the drawdown of commodities and services from the inven11 tory and resources of any agency of the United States 

12 Government for the purposes of providing necessary and 

13 immediate assistance to Israel of a value not to exceed 

14 $25,000,000.’’. 

15 (d) SPECIAL AUTHORITIES.—Section 614(a)(4) of 

16 the Foreign Assistance Act of 1961 (22 U.S.C. 

17 2364(a)(4)) is amended by adding at the end the following 

18 new subparagraph: 

19 ‘‘(D) Notwithstanding the limitations in this 

20 subsection and in addition to other amounts in this 

21 subsection, in fiscal year 2024, the authority of this 

22 subsection may be used to authorize the use of up 

23 to $1,000,000,000 of funds made available for use 

24 under this chapter or the Arms Export Control Act 

25 (22 U.S.C. 2751 et seq.), to be provided to Israel.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•S 3135 PCS

1 (e) TRANSFER OF FUNDS.—During fiscal year 2024, 

2 section 610(a) of the Foreign Assistance Act of 1961 (22 

3 U.S.C. 2360) shall be applied by substituting ‘‘20 per cen4 tum’’ for ‘‘10 per centum’’ and ‘‘40 per centum’’ for ‘‘20 

5 per centum’’. 

6 SEC. 202. DEPARTMENT OF DEFENSE STOCKPILES. 

7 Section 12001 of the Department of Defense Appro8 priations Act, 2005 (Public Law 108–287), as amended 

9 by Public Law 115–141, is amended as follows: 

10 (1) in paragraph (2) of subsection (a), by strik11 ing ‘‘armor’’ and all that follows through the period 

12 at the end and inserting ‘‘defense articles that are 

13 in the inventory of the Department of Defense as of 

14 the date of transfer, are intended for use as reserve 

15 stocks for Israel, and are located in a stockpile for 

16 Israel as of the date of transfer.’’; 

17 (2) in subsection (b), by striking ‘‘at least equal 

18 to the fair market value of the items transferred’’ 

19 and inserting ‘‘in an amount to be determined by 

20 the Secretary of Defense’’; and 

21 (3) in subsection (c), by inserting after ‘‘au22 thority of this section’’ the following: ‘‘, or as far in 

23 advance of such transfer as is practicable as deter24 mined by the President on a case-by-case basis durVerDate Sep 11 2014 00:50 Oct 27, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3135.PCS S3135

kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•S 3135 PCS

1 ing extraordinary circumstances impacting the na2 tional security of the United States’’. 

3 SEC. 203. FISCAL YEAR LIMITS ON NEW STOCKPILES OR AD4 DITIONS TO EXISTING STOCKPILES LOCATED 

5 IN FOREIGN COUNTRIES. 

6 For fiscal year 2024, section 514(b) of the Foreign 

7 Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not 

8 apply to defense articles to be set aside, earmarked, re9 served, or intended for use as reserve stocks in stockpiles 

10 in the State of Israel. 

11 SEC. 204. GENERAL AUTHORITIES AND CONDITIONS. 

12 Unless otherwise provided for by this Act, the addi13 tional amounts appropriated to appropriations accounts in 

14 this Act shall be available under the authorities and condi15 tions applicable to such appropriations accounts for fiscal 

16 year 2024. 

17 SEC. 205. LIMITATIONS. 

18 None of the amounts appropriated or otherwise made 

19 available by this Act may be obligated or expended— 

20 (1) in connection with the war in Ukraine; or 

21 (2) for assistance to any entity that is— 

22 (A) located in the territory of Gaza; or 

23 (B) is controlled or influenced by Hamas, 

24 Palestinian Islamic Jihad, or any other organi25 zation designated by the Secretary of State as 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•S 3135 PCS

1 a foreign terrorist organization under section 

2 219 of the Immigration and Nationality Act (8 

3 U.S.C. 1189). 

4 SEC. 206. RULE OF CONSTRUCTION. 

5 Nothing in this Act may be construed to constitute 

6 a specific statutory authorization for the introduction of 

7 United States Armed Forces into hostilities or into situa8 tions wherein hostilities are clearly indicated by the cir9 cumstances. 

10 SEC. 207. SHORT TITLE. 

11 This Act may be cited as the ‘‘Israel Supplemental 

12 Appropriations Act of 2023’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 231 

118TH CONGRESS 

1ST SESSION S. 3135 

A BILL 

Making emergency supplemental appropriations for 

purposes. year ending September 30, 2024, and for other assistance for the situation in Israel for the fiscal 

OCTOBER 26, 2023 

Read the second time and placed on the calendar 


kjohnson on DSK7ZCZBW3PROD with $$_JOB