Ukraine Security Supplemental Appropriations Act, 2024

Making emergency supplemental appropriations to respond to the situation in Ukraine and for related expenses for the fiscal year ending September 30, 2024, and for other purposes. 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: I Department of Defense Military Personnel Military Personnel, Army For an additional amount for Military Personnel, Army Provided Military Personnel, Marine Corps For an additional amount for Military Personnel, Marine Corps Provided Military Personnel, Air Force For an additional amount for Military Personnel, Air Force Provided Military Personnel, Space Force For an additional amount for Military Personnel, Space Force Provided Operation and Maintenance Operation and Maintenance, Army For an additional amount for Operation and Maintenance, Army Provided Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy Provided Operation and Maintenance, Marine Corps For an additional amount for Operation and Maintenance, Marine Corps Provided Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force Provided Operation and Maintenance, Space Force For an additional amount for Operation and Maintenance, Space Force Provided Operation and Maintenance, Defense-Wide (Including Transfers of Funds) For an additional amount for Operation and Maintenance, Defense-Wide Provided Provided further Public Law 118–47 Provided further Operation and Maintenance Procurement Revolving and Management Funds Provided further Provided further Provided further Provided further Provided further Procurement Missile Procurement, Army For an additional amount for Missile Procurement, Army Provided Procurement of Ammunition, Army For an additional amount for Procurement of Ammunition, Army Provided Other Procurement, Army For an additional amount for Other Procurement, Army Provided Weapons Procurement, Navy For an additional amount for Weapons Procurement, Navy Provided Other Procurement, Navy For an additional amount for Other Procurement, Navy Provided Procurement, Marine Corps For an additional amount for Procurement, Marine Corps Provided Missile Procurement, Air Force For an additional amount for Missile Procurement, Air Force Provided Other Procurement, Air Force For an additional amount for Other Procurement, Air Force Provided Procurement, Defense-Wide For an additional amount for Procurement, Defense-Wide Provided Research, Development, Test and Evaluation Research, Development, Test and Evaluation, Army For an additional amount for Research, Development, Test and Evaluation, Army Provided Research, Development, Test and Evaluation, Navy For an additional amount for Research, Development, Test and Evaluation, Navy Provided Research, Development, Test and Evaluation, Air Force For an additional amount for Research, Development, Test and Evaluation, Air Force Provided Research, Development, Test and Evaluation, Defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide Provided Other Department of Defense Programs Office of the Inspector General For an additional amount for Office of the Inspector General Provided Provided further Related Agencies Intelligence Community Management Account For an additional amount for Intelligence Community Management Account Provided General Provisions—This Title (Including Transfers of Funds) 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 Provided further Public Law 118–47 (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 Provided further Public Law 118–47 102. 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 Provided further 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 II Department of Energy Energy Programs Science For an additional amount for Science Provided Atomic Energy Defense Activities National Nuclear Security Administration Defense Nuclear Nonproliferation For an additional amount for Defense Nuclear Nonproliferation Provided, Federal Salaries and Expenses For an additional amount for Federal Salaries and Expenses Provided, III Department of Health and Human Services Administration for Children and Families Refugee and Entrant Assistance For an additional amount for Refugee and Entrant Assistance Provided Provided further Provided further 8 U.S.C. 1522(c)(1)(A) Provided further General Provision—This Title 301. Section 401(a)(1)(A) of the Additional Ukraine Supplemental Appropriations Act, 2022 ( Public Law 117–128 September 30, 2023 September 30, 2024 Provided IV Department of State and Related Agency Department of State Administration of Foreign Affairs Diplomatic Programs For an additional amount for Diplomatic Programs Provided Office of Inspector General For an additional amount for Office of Inspector General Provided United States Agency for International Development Funds Appropriated to the President Operating Expenses For an additional amount for Operating Expenses Provided Office of Inspector General For an additional amount for Office of Inspector General Provided Bilateral Economic Assistance Funds Appropriated to the President Transition Initiatives For an additional amount for Transition Initiatives Provided Economic Support Fund For an additional amount for Economic Support Fund Provided Provided further Provided further Provided further Assistance for Europe, Eurasia and Central Asia For an additional amount for Assistance for Europe, Eurasia and Central Asia 22 U.S.C. 5801 22 U.S.C. 5402(c) Provided International Security Assistance Department of State International Narcotics Control and Law Enforcement For an additional amount for International Narcotics Control and Law Enforcement Provided Provided further Nonproliferation, Anti-terrorism, Demining and Related Programs For an additional amount for Nonproliferation, Anti-terrorism, Demining and Related Programs Provided Provided further Funds Appropriated to the President Foreign Military Financing Program For an additional amount for Foreign Military Financing Program Provided Public Law 117–103 Provided further Provided further Provided further General Provisions—This Title (Including Transfers of Funds) 401. During fiscal year 2024, section 506(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(1) $7,800,000,000 $100,000,000 402. During fiscal year 2024, section 506(a)(2)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(2)(B) $400,000,000 $200,000,000 $150,000,000 $75,000,000 403. During fiscal year 2024, section 552(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348a(c)(2) $50,000,000 $25,000,000 404. (a) Funds appropriated by this Act under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia United States International Development Finance Corporation—Corporate Capital Account United States International Development Finance Corporation—Program Account Export-Import Bank of the United States—Program Account Trade and Development Agency (b) The transfer authority provided by this section is in addition to any other transfer authority provided by law, and is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Upon a determination that all or part of the funds transferred pursuant to the authority provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations. 405. Section 1705 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328 Economic Support Fund 406. None of the funds appropriated or otherwise made available by this title in this Act may be made available for assistance for the Governments of the Russian Federation or Belarus, including entities owned or controlled by such Governments. 407. (a) Section 2606 of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103 (1) in subsection (a), by striking and North Atlantic Treaty Organization (NATO) allies , North Atlantic Treaty Organization (NATO) allies, major non-NATO allies, and the Indo-Pacific region $4,000,000,000 $8,000,000,000 , 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 , NATO allies, major non-NATO allies, and the Indo-Pacific region $4,000,000,000 $8,000,000,000 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 Foreign Military Financing Program Provided Provided further (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. 408. Funds appropriated under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia 409. 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 USAID Administrator, as appropriate, shall submit to the Committees on Appropriations— (1) 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 Economic Support Fund Transition Initiatives Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Foreign Military Financing Program Provided (2) operating plans, as defined in section 7062 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328 Diplomatic Programs Operating Expenses V General Provisions—This Act 501. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. 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. 504. Not later than 45 days after the date of enactment of this Act, the Secretary of State and the Secretary of Defense, in consultation with the heads of other relevant Federal agencies, as appropriate, shall submit to the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives a strategy regarding United States support for Ukraine against aggression by the Russian Federation: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further 505. (a) Transfer of Long-Range ATACMS Required As soon as practicable after the date of enactment of this Act, the President shall transfer long range Army Tactical Missile Systems to the Government of Ukraine to assist the Government of Ukraine in defending itself and achieving victory against the Russian Federation. (b) Notification If the President determines that executing the transfer of long-range Army Tactical Missile Systems to the Government of Ukraine pursuant to subsection (a) would be detrimental to the national security interests of the United States, the President may withhold such transfer and shall notify the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate, and the Committees on Appropriations and Foreign Affairs of the House of Representatives of such determination. 506. (a) In-Person Monitoring The Secretary of State shall, to the maximum extent practicable, ensure that funds appropriated by this Act under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs (b) Certification Not later than 15 days prior to the initial obligation of funds appropriated by this Act and made available for assistance for Ukraine under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Foreign Military Financing Program Provided Public Law 118–47 (c) Cost Matching Funds appropriated by this Act and prior Acts for fiscal year 2024 under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia Provided Provided further Provided further 507. (a) Arrangement Required Notwithstanding any other provision of law, not later than 60 days after the date of the enactment of this Act, the President shall enter into an arrangement with the Government of Ukraine relating to the repayment by Ukraine to the United States of economic assistance provided to Ukraine by the United States to respond to the situation in Ukraine, and for related expenses, that are made available under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia (b) Terms Repayment required by the arrangement required by subsection (a) shall be at terms to be set by the President. (c) Limitation on Arrangement Terms The arrangement required pursuant to subsection (a) may not provide for the cancellation of any or all amounts of indebtedness except as provided in subsection (d). (d) Cancellation of Indebtedness (1) The President may not before November 15, 2024 take any action related to the indebtedness of the Government of Ukraine that cancels any indebtedness incurred by Ukraine pursuant to this section. (2) At any time after November 15, 2024, the President may, subject to congressional review provided by section 508, cancel up to 50 percent of the total indebtedness incurred by Ukraine or anticipated to be incurred by Ukraine with respect to economic assistance and related expenses made available under the headings Economic Support Fund Assistance for Europe, Eurasia, and Central Asia (3) The President may, subject to congressional review provided by section 508, cancel any remaining indebtedness to the government of Ukraine under this section at any time after January 1, 2026. Upon completion of the congressional review process set forth in section 508, such cancellation shall be final and irrevocable. 508. (a) Report Required (1) In General Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to Congress a written report that describes that action and the reason for that action. (2) Action Described An action described in this paragraph is an action related to the indebtedness of the Government of Ukraine authorized by section 507(d)(1). (b) Congressional Review Period (1) 2024 During calendar year 2024, if the President submits to Congress a report under subsection (a)(1), the President may not take any action with respect to the indebtedness of the Government of Ukraine until the later of— (A) the date that is 10 calendar days after the date of such submission; or (B) the date on which Congress has considered and failed to pass a joint resolution of disapproval, as provided in this section. (2) Succeeding Years (A) In General During calendar year 2025 or any calendar year thereafter, if the President submits to Congress a report under subsection (a)(1), the President may not take any action with respect to the indebtedness of the Government of Ukraine until the later of— (i) the date that is 30 calendar days after the date of such submission, except as provided in subparagraph (B); or (ii) the date on which Congress has failed to pass a joint resolution of disapproval, as provided in this section. (B) Exception The period for congressional review of a report submitted under subsection (a)(1) shall be 60 calendar days if the report is submitted to Congress on or after July 10 and on or before September 7 in any calendar year. (3) Veto Message If the President vetoes a joint resolution of disapproval, he may not take any action with respect to the indebtedness of Ukraine for 5 calendar days after the veto message is received by the appropriate House of Congress. (c) Joint Resolution of Disapproval In this section, the term joint resolution (1) that is introduced not later than 3 calendar days after the date on which a report of the President referred to in subsection (a)(1) is received by Congress; (2) which does not have a preamble; (3) the title of which is as follows: Joint resolution relating to the disapproval of the Presidential report with respect to the indebtedness of the Government of Ukraine (4) the matter after the resolving clause of which is as follows: That Congress disapproves the proposal relating to the indebtedness of the Government of Ukraine submitted by the President of the United States to Congress on _____ (d) Fast-track Consideration in House of Representatives (1) Reporting and Discharge Any committee of the House of Representatives to which a joint resolution is referred shall report the joint resolution to the House of Representatives not later than 5 calendar days after the date on which Congress receives the report described in subsection (a)(1). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (2) Proceeding to Consideration After each committee authorized to consider a joint resolution reports the joint resolution to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the 6th calendar day after the date on which Congress receives the report described in subsection (a)(1), to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (e) Fast-track Consideration in Senate (1) Placement on Calendar Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Floor Consideration (A) In General It shall not be in order to move to proceed to a joint resolution that has been placed on the calendar pursuant to paragraph (1) unless a motion signed by 16 Senators has been presented to the Senate. Thereafter, notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, during the periods described in subparagraph (B) (even though a previous motion to the same effect has been disagreed to), for any Senator to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (B) Periods Described The periods described in this subparagraph are the following: (i) During calendar year 2024, the period beginning on the day after the date on which the joint resolution was placed on the calendar and ending on the 4th day after the date on which the joint resolution was placed on the calendar. (ii) During succeeding years under subsection (b)(2)(A), the period beginning on the day after the date on which the joint resolution was placed on the calendar and ending 20 calendar days later. (iii) During succeeding years under subsection (b)(2)(B), the period beginning on the day after the date on which the joint resolution was placed on the calendar and ending 50 calendar days later. (C) Debate Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (D) Vote on Passage The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (E) Rulings of the Chair on Procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (F) One Joint Resolution of Disapproval per Review Period Only one joint resolution shall be in order during each of the review periods described in subsection (b), unless the additional joint resolution is a joint resolution of the House of Representatives considered under paragraph (2) or (3) of subsection (f). (f) Rules Relating to Senate and House of Representatives (1) Coordination with Action by Other House If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee. (B) With respect to a joint resolution of the House receiving the resolution— (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of Joint Resolution of Other House If one House fails to introduce or consider a joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of Companion Measures If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Consideration After Passage (A) In General If Congress passes a joint resolution, the period beginning on the date on which the President is presented with the joint resolution and ending on the date on which the President takes action with respect to the joint resolution shall be disregarded in computing the 10-, 30-, or 60-calendar-day period described in subsection (b), but the President may not take any action with respect to the indebtedness of the Government of Ukraine during any such period. (B) Vetoes If the President vetoes the joint resolution, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (5) Rules of House of Representatives and Senate This subsection and subsections (c), (d), and (e) are enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and supersede other rules only to the extent that they are inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 509. 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 22 U.S.C. 2680 22 U.S.C. 6212 50 U.S.C. 3094(a)(1) 510. 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. 511. 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. 512. Spending Reduction Account $0. This Act may be cited as the Ukraine Security Supplemental Appropriations Act, 2024

Summary: Ukraine Security Supplemental Appropriations Act, 2024This bill provides FY2024 supplemental appropriations for federal departments and agencies to respond to the conflict in Ukraine. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits.Specifically, the bill provides appropriations to theDepartment of Defense (DOD),Department of Energy science programs,the National Nuclear Security Administration,the Administration for Children and Families,the Department of State, andthe U.S. Agency for International Development.The funding is provided for purposes such assupporting current U.S. military operations in the region,the Ukraine Security Assistance Initiative,replacing defense articles that were provided to Ukraine,reimbursing DOD for defense services and training provided to Ukraine,the Foreign Military Financing Program,economic support for Ukraine,refugee and entrant assistance,international narcotics control and law enforcement, andthe development and production of isotopes.The bill also includes provisions thatexpand the authorities of the President to transfer defense articles and services from DOD to foreign countries or international organizations,require the President to transfer long-range Army Tactical Missile Systems to Ukraine,require the President to enter into an agreement with Ukraine regarding repaying the United States for the economic assistance it has provided to Ukraine,require certain funds that are provided for Ukraine to be matched by other donors, andestablish various oversight and reporting requirements for assistance provided to Ukraine.