II 

Calendar No. 232 

118TH CONGRESS 

1ST SESSION S. 3168 

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 30, 2023 

Mr. MARSHALL (for himself, Mr. VANCE, Mr. LEE, Mr. CRUZ, Mrs. BLACKBURN, Mr. JOHNSON, Ms. LUMMIS, Mr. TUBERVILLE, Mr. SCOTT of 

Florida, Mr. BRAUN, and Mr. SCOTT of South Carolina) introduced the 

following bill; which was read the first time 

OCTOBER 31, 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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 


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1 fiscal year ending September 30, 2024, and for other pur2 poses, namely: 

3 TITLE I 

4 SUPPLEMENTAL 

5 APPROPRIATIONS FOR ISRAEL 

6 DEPARTMENT OF DEFENSE 

7 OPERATION AND MAINTENANCE 

8 OPERATION AND MAINTENANCE, DEFENSE-WIDE

9 For an additional amount for ‘‘Operation and Main10 tenance, Defense-wide’’, $4,400,000,000, to remain avail11 able until September 30, 2025, to respond to the situation 

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

13 made available under this heading shall be available for 

14 transfer to accounts under the headings ‘‘Operation and 

15 Maintenance’’, ‘‘Procurement’’, ‘‘Research, Development, 

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

17 Funds’’ for replacement, through new procurement or re18 pair of existing unserviceable equipment, of defense arti19 cles from the stocks of the Department of Defense, and 

20 for reimbursement for defense services of the Department 

21 of Defense and military education and training, provided 

22 to or identified for provision to Israel or to foreign coun23 tries that have provided support to Israel at the request 

24 of the United States: Provided further, That amounts 

25 made available under this heading may also be transferred 


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1 to accounts under the heading ‘‘Procurement’’ for expan2 sion of public and private plants, including the land nec3 essary therefor, and procurement and installation of 

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

5 for the purpose of increasing production of critical muni6 tions: Provided further, That amounts made available 

7 under this heading may also be transferred to accounts 

8 under the heading ‘‘Procurement’’ and ‘‘Research, Devel9 opment, Test and Evaluation’’ for the acquisition of crit10 ical defense articles: Provided further, That funds trans11 ferred pursuant to a transfer authority provided under 

12 this heading shall be merged with and available for the 

13 same purposes and for the same time period as the appro14 priations to which the funds are transferred: Provided fur15 ther, That the Secretary of Defense shall notify the con16 gressional defense committees of the details of such trans17 fers not less than 15 days before any such transfer: Pro18 vided further, That upon a determination that all or part 

19 of the funds transferred from this appropriation are not 

20 necessary for the purposes provided under this heading, 

21 such amounts may be transferred back and merged with 

22 this appropriation: Provided further, That amounts may 

23 be transferred between appropriations made under this 

24 heading: Provided further, That any transfer authority 

25 provided under this heading is in addition to any other 


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1 transfer authority provided by law: Provided further, That 

2 such amount in this paragraph is designated by Congress 

3 as an emergency requirement pursuant to section 

4 251(b)(2)(A) of the Balanced Budget and Emergency 

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

6 That such amounts shall be available only if the President 

7 designates such amount as an emergency requirement pur8 suant to section 251(b)(2)(A). 

9 PROCUREMENT 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $801,400,000, to remain available until 

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

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

15 designated by the Congress as an emergency requirement 

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

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

18 Provided further, That such amount shall be available only 

19 if the President designates such amount as an emergency 

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

21 PROCUREMENT, DEFENSE-WIDE

22 For an additional amount for ‘‘Procurement, De23 fense-wide’’, $4,000,000,000, to remain available until 

24 September 30, 2027, for the Secretary of Defense to pro25 vide to the Government of Israel for the procurement of 


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

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

3 funds shall be transferred pursuant to an exchange of let4 ters and are in addition to funds provided pursuant to the 

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

6 amended: Provided further, That nothing under this head7 ing shall be construed to apply to amounts made available 

8 in prior appropriations Acts for the procurement of the 

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

10 further, That such amount is designated by Congress as 

11 being for an emergency requirement pursuant to section 

12 251(b)(2)(A) of the Balanced Budget and Emergency 

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

14 That such amounts shall be available only if the President 

15 designates such amount as an emergency requirement pur16 suant to section 251(b)(2)(A). 

17 DEFENSE PRODUCTION ACT PURCHASES

18 For an additional amount for ‘‘Defense Production 

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

20 expended, for activities by the Department of Defense pur21 suant to sections 108, 301, 302, and 303 of the Defense 

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

23 4533): Provided, That such amounts shall be obligated 

24 and expended by the Secretary of Defense as if delegated 

25 the necessary authorities conferred by the Defense ProVerDate Sep 11 2014 01:07 Nov 01, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3168.PCS S3168

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1 duction Act of 1950: Provided further, That such amount 

2 is designated by Congress as an emergency requirement 

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

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

5 Provided further, That such amount shall be available only 

6 if the President designates such amount as an emergency 

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

8 RESEARCH, DEVELOPMENT, TEST AND 

9 EVALUATION 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Defense-wide’’, 

14 $1,200,000,000, to remain available until September 30, 

15 2026, for the Secretary of Defense to provide to the Gov16 ernment of Israel for the development of the Iron Beam 

17 defense system to counter short-range rocket threats: Pro18 vided, That such funds shall be transferred pursuant to 

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

20 the preceding proviso shall be construed to apply to 

21 amounts made available in prior appropriations Acts for 

22 the development of the Iron Beam defense system: Pro23 vided further, That such amount is designated by Congress 

24 as being for an emergency requirement pursuant to sec25 tion 251(b)(2)(A) of the Balanced Budget and Emergency 


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

2 That such amounts shall be available only if the President 

3 designates such amount as an emergency requirement pur4 suant to section 251(b)(2)(A). 

5 DEPARTMENT OF STATE AND RELATED 

6 AGENCY 

7 DEPARTMENT OF STATE 

8 ADMINISTRATION OF FOREIGN AFFAIRS

9 DIPLOMATIC PROGRAMS

10 For an additional amount for ‘‘Diplomatic pro11 grams’’, $150,000,000, to remain available until Sep12 tember 30, 2025, of which $50,000,000 shall be for re13 sponding to the situation in Israel and areas impacted by 

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

15 be available until expended for Worldwide Security Protec16 tion to respond to the situation in Israel and areas im17 pacted by the situation in Israel: Provided, That such 

18 amount is designated by Congress as an emergency re19 quirement pursuant to section 251(b)(2)(A) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985, 

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

22 available only if the President designates such amount as 

23 an emergency requirement pursuant to section 

24 251(b)(2)(A). 


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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 


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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 


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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). 


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1 TITLE II 

2 GENERAL PROVISIONS 

3 SEC. 201. DRAWDOWN AUTHORITY. 

4 (a) IN GENERAL.—Section 506(a) of the Foreign As5 sistance Act of 1961 (22 U.S.C. 2318(a)) is amended by 

6 adding at the end the following new paragraph: 

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

8 amounts otherwise specified in this section, the 

9 President may direct the drawdown of defense arti10 cles from the stocks of the Department of Defense, 

11 defense services of the Department of Defense, and 

12 military education and training, of an aggregate 

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

14 to Israel.’’. 

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

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

17 is amended by adding at the end the following new sub18 paragraph: 

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

20 amounts otherwise specified in this section, an ag21 gregate value not to exceed $200,000,000 of any 

22 such articles, services, and military education and 

23 training may be provided to Israel pursuant to sub24 paragraph (A) of this paragraph, not more than 

25 $75,000,000 of which may be provided from the 


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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.’’. 


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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 01:07 Nov 01, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3168.PCS S3168

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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 


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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’’. 


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Calendar No. 232 

118TH CONGRESS 

1ST SESSION S. 3168 

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 31, 2023 

Read the second time and placed on the calendar 


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