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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3210 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3210

Making emergency supplemental appropriations to respond to the attacks 
in Israel for the fiscal year ending September 30, 2024, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2023

Mr. Marshall (for himself, Mr. Vance, Mr. Scott of Florida, Mr. Braun, 
and Ms. Lummis) introduced the following bill; which was read twice and 
              referred to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL

 
Making emergency supplemental appropriations to respond to the attacks 
in Israel 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, Defense-Wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $4,400,000,000, to remain available until September 30, 2025, 
to respond to the attacks in Israel:  Provided, That such amounts may 
be transferred to accounts under the headings ``Operation and 
Maintenance'' and ``Procurement'' for replacement 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 Israel or identified and notified to Congress 
for provision to Israel:  Provided further, That funds transferred 
pursuant to the previous 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 under this heading, such amounts may be 
transferred back and merged with this appropriation:  Provided further, 
That any transfer authority provided under this heading is in addition 
to any other transfer authority provided by law:  Provided further, 
That such amount is 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, as amended.

                              PROCUREMENT

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$801,400,000, to remain available until September 30, 2026, to respond 
to the attacks in Israel:  Provided, That such amount is 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, as amended.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$10,000,000, to remain available until September 30, 2026, to respond 
to the attacks in Israel:  Provided, That such amount is 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, as amended.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$38,600,000, to remain available until September 30, 2026, to respond 
to the attacks in Israel:  Provided, That such amount is 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, as amended.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$4,000,000,000, to remain available until September 30, 2026, 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, That such funds 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 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:  Provided further, That such amount is 
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, as amended.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfers of funds)

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $1,350,000,000, to remain available until 
September 30, 2025, to respond to the attacks in Israel, of which 
$1,200,000,000 shall be for the Secretary of Defense to provide to the 
Government of Israel for the development of the Iron Beam defense 
system to counter short-range rocket threats:  Provided, That such 
funds shall be transferred pursuant to an exchange of letters:  
Provided further, That nothing in the preceding proviso shall be 
construed to apply to amounts made available in prior appropriations 
Acts for the development of the Iron Beam defense system:  Provided 
further, That such amounts may be transferred to ``Procurement, 
Defense-Wide'' for the production of such system:  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 under this heading, such 
amounts may be transferred back and merged with this appropriation:  
Provided further, That any transfer authority provided under this 
heading is in addition to any other transfer authority provided by law: 
 Provided further, That such amount is 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, as amended.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 101.  Section 12001 of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), as amended by Public Law 
115-141, is amended as follows:
            (1) In paragraph (2) of subsection (a), by striking 
        ``armor'' and all that follows through the end of the paragraph 
        and inserting ``defense articles that are in the inventory of 
        the Department of Defense as of the date of transfer, are 
        intended for use as reserve stocks for Israel, and are located 
        in a stockpile for Israel as of the date of transfer'';
            (2) In subsection (b), by striking ``at least equal to the 
        fair market value of the items transferred'' and inserting ``in 
        an amount to be determined by the Secretary of Defense''; and
            (3) In subsection (c), by striking ``30'' and inserting 
        ``15'', and by inserting ``Appropriations,'' after ``Committees 
        on'' in both places it occurs.
    Sec. 102.  During fiscal year 2024, section 514(b) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not apply to defense 
articles to be set aside, earmarked, reserved, or intended for use as 
reserve stocks in stockpiles in the State of Israel.
    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 
Israel since the October 7, 2023, terrorist attack on Israel, including 
a comprehensive list of the defense articles and services provided to 
Israel 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.  Concurrent with any notification of assistance made 
pursuant to section 506(b)(1) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2318(b)(1)), the Secretary of Defense shall submit a written 
notification to the congressional defense committees that contains a 
description of the defense articles and defense services to be 
furnished, including the quantity, approximate value, and an estimate 
of the cost to replace such article or an equivalent capability; and a 
timeline for the delivery of such defense articles and defense 
services.

                                TITLE II

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                          diplomatic programs

    For an additional amount for ``Diplomatic Programs'', $150,000,000, 
to remain available until September 30, 2025, for responding to the 
attacks in Israel and areas impacted by the attacks in Israel, 
including for crisis response and relocation support for Mission 
Israel, of which $100,000,000 shall be available until expended for 
Worldwide Security Protection to sustain requirements for Mission 
Israel and other United States missions affected by the attacks in 
Israel:  Provided,  That such amount is 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, as amended.

           emergencies in the diplomatic and consular service

    For an additional amount for ``Emergencies in the Diplomatic and 
Consular Service'', $50,000,000, to remain available until September 
30, 2025, for emergency evacuation of United States Government 
personnel and citizens in Israel and in countries in the region 
impacted by the attacks in Israel:  Provided, That such amount is 
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, as amended.

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing 
Program'', $3,500,000,000, to remain available until September 30, 
2025, to respond to the attacks in Israel:  Provided, That funds made 
available under this heading in this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs for fiscal year 2024, 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, to the extent that 
the Government of Israel requests that funds be used for such purposes, 
grants made available for Israel under this heading shall, as agreed by 
the United States and Israel, be available for advanced weapons 
systems, of which up to $3,500,000,000 may be available for the 
procurement in Israel of defense articles and defense services:  
Provided further, That any congressional notification requirement 
applicable to funds made available under this heading for Israel may be 
waived if a determination is made that extraordinary circumstances 
exist that impact the national security of the United States:  Provided 
further, That such amount is 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, as amended.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 201. (a) During fiscal year 2024, and subject to subsection 
(b), section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2318(a)(1)) shall be applied by substituting ``$2,500,000,000'' for 
``$100,000,000''.
    (b) Subsection (a) shall not take effect unless the Secretary of 
State determines and reports to the appropriate congressional 
committees that the exercise of the authority of such subsection is 
necessary to respond to the situation in Israel.
    Sec. 202.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of State shall submit to the Committees on 
Appropriations a report on the proposed uses of funds appropriated by 
this title to respond to the situation in Israel: Provided, That such 
report shall be updated and submitted to such Committees every 60 days 
thereafter until September 30, 2025, and every 180 days thereafter 
until all funds have been expended, and shall include information 
detailing how estimates and assumptions contained in previous reports 
have changed, including obligations and expenditures.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

    Sec. 301.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 302.  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. 303.  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. 304.  Each amount designated in this Act 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, as amended, 
shall be available (or rescinded or transferred, if applicable) only if 
the President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 305.  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, as amended, and subsequently so designated by the 
President, and transferred pursuant to transfer authorities provided by 
this Act shall retain such designation.

                           budgetary offsets

    Sec. 306.  (a) Rescission of Certain Balances Made Available to the 
Internal Revenue Service.--Of the unobligated balances of amounts 
appropriated or otherwise made available for activities of the Internal 
Revenue Service by paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2), 
(3), (4), and (5) of section 10301 of Public Law 117-169 (commonly 
known as the ``Inflation Reduction Act of 2022'') as of the date of the 
enactment of this Act, $14,300,000,000 are hereby rescinded.
    (b) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the budgetary effects of this section 
shall not be estimated--
            (1) for purposes of section 251 of such Act;
            (2) for purposes of an allocation to the Committee on 
        Appropriations pursuant to section 302(a) of the Congressional 
        Budget Act of 1974; and
            (3) for purposes of paragraph (4)(C) of section 3 of the 
        Statutory Pay-As-You-Go Act of 2010 as being included in an 
        appropriation Act.
     This Act may be cited as the ``Israel Security Supplemental 
Appropriations Act, 2024''.
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