I 118th CONGRESS 2d Session H. R. 7113 IN THE HOUSE OF REPRESENTATIVES January 29, 2024 Mr. Moskowitz 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 in line with the President’s request in response to the ongoing attack on Ukraine’s sovereignty by Russia and in response to the attacks in Israel 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, 2022, and for other purposes, namely: A Supplemental funding for Ukraine I Department of Defense MILITARY PROGRAMS Military Personnel Military Personnel, Army For an additional amount for Military Personnel, Army , $184,029,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses, including special pay. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Military Personnel, Marine Corps For an additional amount for Military Personnel, Marine Corps , $3,143,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses, including special pay. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Military Personnel, Air Force For an additional amount for Military Personnel, Air Force , $20,700,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses, including special pay. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Military Personnel, Space Force For an additional amount for Military Personnel, Space Force , $3,724,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses, including special pay. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for Operation and Maintenance, Army , $4,621,610,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $1,157,063,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Operation and Maintenance, Marine Corps For an additional amount for Operation and Maintenance, Marine Corps , $61,336,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force , $797,870,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Operation and Maintenance, Space Force For an additional amount for Operation and Maintenance, Space Force , $7,500,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Operation and Maintenance, Defense-Wide For an additional amount for Operation and Maintenance, Defense-Wide , $30,657,640,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses: Provided , That of the total amount provided under this heading, $12,000,000,000, to remain available until September 30, 2026, shall be for the Ukraine Security Assistance Initiative: Provided further , That such funds for the Ukraine Security Assistance Initiative shall be available to the Secretary of Defense under the same terms and conditions as are provided for under this heading in the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328 ), and shall be available notwithstanding section 8135 of the Department of Defense Appropriations Act, 2023 (division C of Public Law 117–328 ) or any similar provision in any other Act making appropriations for the Department of Defense: Provided further , That amounts made available under this heading in this Act shall be available to the Secretary of Defense, with concurrence from the Secretary of State, to provide funding to the recipients of Ukraine Security Assistance Initiative support identified in section 8110 of the Department of Defense Appropriations Act, 2023 and to provide funding to international trust funds or entities operating for the purpose of providing support to such recipients: Provided further , That of the total amount provided under this heading, up to $18,000,000,000, to remain available until September 30, 2026, may be transferred to accounts under the headings Operation and Maintenance , Procurement , Research, Development, Test and Evaluation , 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 the government of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States: Provided further , That amounts made available under this heading may also be transferred to accounts under the heading Procurement for expansion of public and private plants, including the land necessary therefor, and procurement and installation of equipment, appliances, and machine tools in such plants, for the purpose of increasing production of critical munitions: Provided further , That funds transferred pursuant to a transfer authority provided under this heading 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 up to $4,000,000,000 of the funds made available under this heading may be transferred between the Ukraine Security Assistance Initiative and the funds provided for the replacement of defense articles: Provided further , That 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) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). PROCUREMENT Missile Procurement, Army For an additional amount for Missile Procurement, Army , $846,226,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Procurement of Ammunition, Army For an additional amount for Procurement of Ammunition, Army , $2,510,300,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Weapons Procurement, Navy For an additional amount for Weapons Procurement, Navy , $117,500,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Procurement of Ammunition, Navy and Marine Corps For an additional amount for Procurement of Ammunition, Navy and Marine Corps , $175,000,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Other Procurement, Navy For an additional amount for Other Procurement, Navy , $26,000,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Aircraft Procurement, Air Force For an additional amount for Aircraft Procurement, Air Force , $1,750,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Other Procurement, Air Force For an additional amount for Other Procurement, Air Force , $2,646,928,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for other expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Procurement, Defense-Wide For an additional amount for Procurement, Defense-Wide , $46,780,000, to remain available until September 30, 2026, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Research, Development, Test and Evaluation, Army For an additional amount for Research, Development, Test and Evaluation, Army , $16,518,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Research, Development, Test and Evaluation, Navy For an additional amount for Research, Development, Test and Evaluation, Navy , $12,281,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Research, Development, Test and Evaluation, Air Force For an additional amount for Research, Development, Test and Evaluation, Air Force , $361,411,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Research, Development, Test and Evaluation, Defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide , $172,451,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). GENERAL PROVISIONS–THIS TITLE 1001. 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 Office of Management and Budget, transfer up to $4,000,000,000 between the appropriations or funds made available to the Department of Defense in this Act: Provided , That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this paragraph: Provided further , That the authority provided in this paragraph is in addition to any other transfer authority otherwise provided by law and is subject to the same terms and conditions as the authority provided in section 8005 of the Department of Defense Appropriations Act, 2023, or any similar provision in any subsequent Act making appropriations for the Department of Defense for Fiscal Year 2024, except for monetary limitations concerning the amount of authority available. 1002. 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 Office of Management and Budget, transfer up to $1,000,000,000 of the funds made available to the Director of National Intelligence for the National Intelligence Program in this Act between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which the amount is transferred: Provided , That the Director of National Intelligence shall notify the Congress promptly of all transfers made pursuant to this authority: Provided further , That the transfer authority provided by this paragraph is in addition to any transfer authority otherwise provided by law. II Department of Energy DEPARTMENT OF ENERGY NATIONAL NUCLEAR SECURITY ADMINISTRATION Federal Salaries and Expenses For an additional amount for Federal Salaries and Expenses , $5,540,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Defense Nuclear Nonproliferation For an additional amount for Defense Nuclear Nonproliferation , $143,915,000, to remain available until expended, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT Intelligence Community Management Account For an additional amount for Intelligence Community Management Account , $2,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). B Supplemental funding for Israel DEPARTMENT OF DEFENSE–MILITARY PROGRAMS OPERATIONS AND MAINTENANCE Operation and Maintenance, Defense-Wide 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 situation in Israel and for related expenses: Provided , That amounts made available by under this heading shall be available for transfer to accounts under the headings Operation and Maintenance , Procurement , Research, Development, Test and Evaluation , 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 or identified for provision to Israel or to foreign countries that have provided support to Israel at the request of the United States: Provided further , That amounts made available under this heading may also be transferred to accounts under the heading “Procurement” for expansion of public and private plants, including the land necessary therefore, and procurement and installation of equipment, appliances, and machine tools in such plants, for the purpose of increasing production of critical munitions: Provided further , That of amounts made available under this heading may also be transferred to accounts under the heading Procurement and Research, Development, Test and Evaluation for the acquisition of critical defense articles: Provided further , That funds transferred pursuant to a transfer authority provided under this heading 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 amounts may be transferred between appropriations made under this heading: 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 in this paragraph is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amounts shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). 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 situation in Israel and for related expenses. Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Procurement, Defense-Wide For an additional amount for Procurement, Defense-Wide , $4,000,000,000, to remain available until September 30, 2027, 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 being for an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amounts shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). Defense Production Act Purchases For an additional amount for Defense Production Act Purchases , $198,600,000, 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 an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amount shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Research, Development, Test and Evaluation, Defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide , $1,200,000,000, to remain available until September 30, 2026, 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 amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further , That such amounts shall be available only if the President designates such amount as an emergency requirement pursuant to section 251(b)(2)(A). GENERAL PROVISIONS–THIS DIVISION 2001. 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 inserting before the comma in the first sentence the following: , or as far in advance of such transfer as is practicable as determined by the President on a case-by-case basis during extraordinary circumstances impacting the national security of the United States . 2002. For 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.