Strategic Humanitarian Investments to Ensure Lasting Democracies Act

Bill: 118-hr-7493
Sponsor: full_name: Rep. Gottheimer, Josh [D-NJ-5]
Introduced: 2024-02-29
Policy area: International Affairs
Latest action: action_date: 2024-02-29
text: 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.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 7493 IN THE HOUSE OF REPRESENTATIVES February 29, 2024 Mr. Gottheimer (for himself, Mr. Case , Mr. Moskowitz , and Mr. Costa ) 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 to the Department of State and the Department of Homeland Security to provide assistance to Israel, Ukraine, and the Indo-Pacific region, and for other purposes.

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: 1. Short title This Act may be cited as the Strategic Humanitarian Investments to Ensure Lasting Democracies Act or the SHIELD Act . I DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of foreign affairs DIPLOMATIC PROGRAMS For an additional amount for Diplomatic Programs , $210,000,000, to remain available until September 30, 2025, to respond to the situations in Israel and Ukraine and areas and countries impacted by the situations in Israel and Ukraine: Provided, That of the total amount provided under this heading in this Act, $100,000,000, to remain available until expended, shall be for Worldwide Security Protection, including to respond to the situation in Israel and areas impacted by the situation in Israel: Provided further, That such amount is designated 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. OFFICE OF INSPECTOR GENERAL For an additional amount for Office of Inspector General , $12,000,000, to remain available until September 30, 2025: Provided, That such amount is designated 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. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds appropriated to the president OPERATING EXPENSES For an additional amount for Operating Expenses , $39,000,000, to remain available until September 30, 2025, to respond to the situations in Israel and Ukraine and countries impacted by the situations in Israel and Ukraine: Provided, That such amount is designated 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. OFFICE OF INSPECTOR GENERAL For an additional amount for Office of Inspector General , $13,000,000, to remain available until September 30, 2025: Provided, That such amount is designated 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. BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the president INTERNATIONAL DISASTER ASSISTANCE For an additional amount for International Disaster Assistance , $5,655,000,000, to remain available until expended, to address humanitarian needs in response to the situations in Israel and Ukraine, including the provision of emergency food and shelter, and for assistance for other vulnerable populations and communities: Provided, That such amount is designated 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. ECONOMIC SUPPORT FUND For an additional amount for Economic Support Fund , $50,000,000 shall be to prevent and respond to food insecurity: Provided further, That such amount is designated 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. Department of state MIGRATION AND REFUGEE ASSISTANCE For an additional amount for Migration and Refugee Assistance , $3,495,000,000, to remain available until expended, to address humanitarian needs and assist refugees in response to the situations in Israel and Ukraine, and for assistance for other vulnerable populations and communities: Provided, That such amount is designated 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. NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For an additional amount for Nonproliferation, Anti-terrorism, Demining and Related Programs , $100,000,000, to remain available until September 30, 2025, for assistance for Ukraine and countries impacted by the situation in Ukraine: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of State shall consult with the Committees on Appropriations on the prioritization of demining efforts and how such efforts will be coordinated with development activities: Provided further, That such amount is designated 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. PEACEKEEPING OPERATIONS For an additional amount for Peacekeeping Operations , $10,000,000, to remain available until September 30, 2025, for a United States contribution to the Multinational Force and Observers mission in the Sinai to enhance force protection capabilities: Provided, That such amount is designated 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. Funds appropriated to the president FOREIGN MILITARY FINANCING PROGRAM For an additional amount for Foreign Military Financing Program , $7,100,000,000, to remain available until September 30, 2025: Provided, That of the total amount provided under this heading in this Act, $3,500,000,000 shall be for assistance for Israel and for related expenses: 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 in this Act shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which up to $769,300,000 may be available for the procurement in Israel of defense articles and defense services: Provided further, That the limitation in the preceding proviso may be exceeded, if agreed by the United States and Israel, following consultation with the Committees on Appropriations: Provided further, That any congressional notification requirement applicable to funds made available under this heading in this Act for Israel may be waived if the Secretary of State determines that to do so is in the national security interest of the United States: Provided further, That of the total amount provided under this heading in this Act, $2,000,000,000 shall be for assistance for the Indo-Pacific region and for related expenses: Provided further, That of the total amount provided under this heading in this Act, $1,600,000,000 shall be for assistance for Ukraine and countries impacted by the situation in Ukraine and for related expenses: Provided further, That amounts made available under this heading in this Act and unobligated balances of amounts made available under this heading in Acts making appropriations for the Department of State, foreign operations, and related programs for fiscal year 2024 and prior fiscal years shall be available for the cost of loans and loan guarantees as authorized by section 2606 of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103 ), subject to the terms and conditions provided in such section, or as otherwise authorized by law: Provided further, That loan guarantees made using amounts described in the preceding proviso for loans financed by the Federal Financing Bank may be provided notwithstanding any provision of law limiting the percentage of loan principal that may be guaranteed: Provided further, That up to $5,000,000 of funds made available under this heading in this Act, 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 such amount is designated 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. GENERAL PROVISIONS—THIS TITLE (INCLUDING TRANSFERS OF FUNDS) 601. During fiscal year 2024, up to $250,000,000 of funds deposited in the Consular and Border Security Programs account in any fiscal year that are available for obligation may be transferred to, and merged with, funds appropriated by any Act making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic Programs (including for Worldwide Security Protection) and Emergencies in the Diplomatic and Consular Service for emergency evacuations or to prevent or respond to security situations and related requirements: Provided, That such transfer authority is in addition to any other transfer authority provided by law, and any such transfers are subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 602. During fiscal year 2024, section 506(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(1) ) shall be applied by substituting $7,800,000,000 for $100,000,000 . 603. During fiscal year 2024, section 506(a)(2)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a)(2)(B) ) shall be applied by substituting $400,000,000 for $200,000,000 in the matter preceding clause (i), and by substituting $150,000,000 for $75,000,000 in clause (i). 604. During fiscal year 2024, section 552(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348a(c)(2) ) shall be applied by substituting $50,000,000 for $25,000,000 . 605. Section 12001 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ) 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 . (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 . 606. 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. 607. Unobligated balances from amounts appropriated in prior Acts under the heading Multilateral Assistance—International Financial Institutions—Contributions to the International Monetary Fund Facilities and Trust Funds shall be available to cover the cost, as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ), of loans made by the Secretary of the Treasury only to the Poverty Reduction and Growth Trust of the International Monetary Fund, following consultation with the appropriate congressional committees: Provided, That such funds shall be available to subsidize gross obligations for the principal amount of direct loans not to exceed $21,000,000,000 in the aggregate, and the Secretary of the Treasury is authorized to make such loans. 608. Section 17(a)(6) of the Bretton Woods Agreements Act ( 22 U.S.C. 286e–2(a)(6) ) is amended by striking December 31, 2025 and inserting December 31, 2030 . 609. (a) Funds appropriated by this Act under the headings International Disaster Assistance and Migration and Refugee Assistance may be transferred to, and merged with, funds appropriated by this Act under such headings. (b) Funds appropriated by this Act under the headings Economic Support Fund to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine may be transferred to, and merged with, funds made available under the headings 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 , and Trade and Development Agency for such purpose. (c) The transfer authorities provided by this section are in addition to any other transfer authority provided by law, and are subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (d) Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations. 610. Section 1705 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328 ) shall apply to funds appropriated by this Act under the heading Economic Support Fund for assistance for Ukraine. 611. 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. 612. (a) Section 2606 of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103 ) is amended as follows: (1) in subsection (a), by striking and North Atlantic Treaty Organization (NATO) allies and inserting , North Atlantic Treaty Organization (NATO) allies, major non-NATO allies, and the Indo-Pacific region ; by striking $4,000,000,000 and inserting $8,000,000,000 ; and by striking , except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity ; and (2) in subsection (b), by striking and NATO allies and inserting , NATO allies, major non-NATO allies, and the Indo-Pacific region ; by striking $4,000,000,000 and inserting $8,000,000,000 ; and by inserting at the end of the second proviso 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 , as amended by subsection (a), may only be made available from funds appropriated by this Act under the heading Foreign Military Financing Program and available balances from under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided, That such funds may only be made available if the Secretary of State certifies and reports to the appropriate congressional committees, not less than 15 days prior to the obligation of such funds, that such direct loan or loan guarantee is in the national security interest of the United States, is being provided in response to exigent circumstances, is addressing a mutually agreed upon emergency requirement of the recipient country, and the recipient country has a plan to repay such loan: Provided further, That not less than 60 days after the date of enactment of this Act, the Secretary of State shall consult with such committees on the implementation of this subsection. (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. 613. Funds appropriated under the headings Economic Support Fund in this title in this Act may be made available as contributions, following consultation with the Committees on Appropriations. 614. None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for a contribution, grant, or other payment to the United Nations Relief and Works Agency, notwithstanding any other provision of law. 615. (a) Certification The Secretary of State shall certify and report to the appropriate congressional committees not later than March 1, 2024, that— (1) oversight policies, processes, and procedures have been established by the Department of State and the United States Agency for International Development, as appropriate, and are in use to prevent the diversion, misuse, or destruction of assistance, including through international organizations, to Hamas and other terrorist and extremist entities in Gaza; and (2) such policies, processes, and procedures have been developed in coordination with other bilateral and multilateral donors and the Government of Israel, as appropriate. (b) Oversight policy and procedures The Secretary of State and the USAID Administrator shall submit to the appropriate congressional committees, concurrent with the submission of the certification required in subsection (a), a written description of the oversight policies, processes, and procedures for funds appropriated by this title that are made available for assistance for Gaza, including specific actions to be taken should such assistance be diverted, misused, or destroyed, and the role of Israel in the oversight of such assistance. (c) Requirement To inform The Secretary of State and USAID Administrator shall promptly inform the appropriate congressional committees of each instance in which funds appropriated by this title that are made available for assistance for Gaza have been diverted, misused, or destroyed, to include the type of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, as appropriate. (d) Third-party monitoring Funds appropriated by this title shall be made available for third-party monitoring of assistance for Gaza, including end use monitoring, following consultation with the appropriate congressional committees. (e) Offices of inspectors general (1) Department of state Of the funds appropriated by this title under the heading Office of Inspector General for the Department of State, $7,000,000 shall be made available for the oversight and monitoring of assistance made available for Gaza by this title and in prior Acts making appropriations for the Department of State, foreign operations, and related programs. (2) United states agency for international development Of the funds appropriated by this title under the heading Office of Inspector General for USAID, $3,000,000 shall be made available for the oversight and monitoring of assistance made available for Gaza by this title and in prior Acts making appropriations for the Department of State, foreign operations, and related programs. (f) Report Not later than 90 days after the initial obligation of funds appropriated by this title that are made available for assistance for Gaza, and every 90 days thereafter until all such funds are expended, the Secretary of State and the USAID Administrator shall jointly submit to the appropriate congressional committees a report detailing the amount and purpose of such assistance provided during each respective quarter, including a description of the specific entity implementing such assistance. (g) Assessment Not later than 90 days after the date of enactment of this Act and every 90 days thereafter until September 30, 2025, the Secretary of State, in consultation with the Director of National Intelligence and other heads of elements of the intelligence community that the Secretary considers relevant, shall submit to the appropriate congressional committees a report assessing whether funds appropriated by this title and made available for assistance for the West Bank and Gaza have been diverted by Hamas or other terrorist and extremist entities in the West Bank and Gaza: Provided, That such report shall include details on the amount and how such funds were made available and used by such entities: Provided further, That such report may be submitted in classified form, if necessary. (h) Consultation Not later than 30 days after the date of enactment of this Act but prior to the initial obligation of funds made available by this title for humanitarian assistance for Gaza, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations on the amount and anticipated uses of such funds. 616. Prior to the initial obligation of funds made available in this title in this Act, the Secretary of State, USAID Administrator, and the Secretary of the Treasury, 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 ), at the country, account, and program level, for funds appropriated by this Act under the headings Economic Support Fund , Nonproliferation, Anti-terrorism, Demining and Related Programs , Peacekeeping Operations , and Foreign Military Financing Program : Provided, That plans submitted pursuant to this paragraph shall include for each program notified—(A) total funding made available for such program, by account and fiscal year; (B) funding that remains unobligated for such program from prior year base or supplemental appropriations; (C) funding that is obligated but unexpended for such program; and (D) funding committed, but not yet notified for such program; and (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 ), for funds appropriated by this title under the headings Diplomatic Programs and Operating Expenses . II DEPARTMENT OF HOMELAND SECURITY PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Federal emergency management agency OPERATIONS AND SUPPORT For an additional amount for Federal Emergency Management Agency—Operations and Support , $10,000,000, to remain available until September 30, 2027, for necessary expenses related to the administration of nonprofit security grants: Provided, That such amount is designated 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. FEDERAL ASSISTANCE For an additional amount for Federal Emergency Management Agency—Federal Assistance , $390,000,000, of which $160,000,000 shall remain available until September 30, 2024, and $230,000,000 shall remain available until September 30, 2026, for Nonprofit Security Grant Program under section 2009 of the Homeland Security Act of 2002 ( 6 U.S.C. 609a ) for eligible nonprofit organizations to prevent, prepare for, protect against, and respond to acts of terrorism or other threats: Provided, That the Administrator of the Federal Emergency Management Agency shall make programmatic adjustments as necessary to expedite the disbursement of, and provide flexibility in the use of, amounts made available under this heading in this Act: Provided further, That notwithstanding any provision of 6 U.S.C. 609a , and in addition to amounts available under 6 U.S.C. 609a(c)(2) , the Administrator of the Federal Emergency Management Agency may permit a State to use up to two percent of a grant awarded under this heading in this Act to provide outreach and technical assistance to eligible nonprofit organizations to assist them with applying for Nonprofit Security Grant Program awards under this heading in this Act: Provided further, That such outreach and technical assistance should prioritize rural and underserved communities and nonprofit organizations that are traditionally underrepresented in the Program: Provided further, That such amount is designated 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. III GENERAL PROVISIONS—THIS ACT 301. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 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. 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. 304. 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, That such strategy shall be multi-year, establish specific and achievable objectives, define and prioritize United States national security interests, and include the metrics to be used to measure progress in achieving such objectives: Provided further, That such strategy shall include an estimate, on a fiscal year-by-fiscal year basis, of the resources required by the United States to achieve such objectives, including to help hasten Ukrainian victory against Russia’s invasion forces in a manner most favorable to United States interests and objectives, and a description of the national security implications for the United States if those objectives are not met: Provided further, That such strategy shall describe how each specific aspect of U.S. assistance, including defense articles and U.S. foreign assistance, is intended at the tactical, operational, and strategic level to help Ukraine end the conflict as a democratic, independent, and sovereign country capable of deterring and defending its territory against future aggression: Provided further, That such strategy shall include a classified independent assessment from the Commander, U.S. European Command, describing any specific defense articles and services not yet provided to Ukraine that would result in meaningful battlefield gains in alignment with the strategy: Provided further, That such strategy shall include a classified assessment from the Chairman of the Joint Chiefs of Staff that the provision of specific defense articles and services provided to Ukraine does not pose significant risk to the defense capabilities of the United States military: Provided further, That the Under Secretary of Defense for Acquisition & Sustainment in coordination with the Director, Cost Assessment and Program Evaluation provide an assessment of the executability and a production schedule for any specific defense articles recommended by the Commander, U.S. European Command that require procurement: Provided further, That such strategy shall include information on support to the Government of the Russian Federation from the Islamic Republic of Iran, the People’s Republic of China, and the Democratic People’s Republic of Korea, related to the Russian campaign in Ukraine, and its impact on such strategy: Provided further, That such strategy shall be updated not less than quarterly, as appropriate, until September 30, 2025, and such updates shall be submitted to such committees: Provided further, That unless otherwise specified by this section, such strategy shall be submitted in unclassified form but may include a classified annex. 305. (a) Not later than 45 days after the date of enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal agencies, as appropriate, shall brief the appropriate congressional committees, in classified form, if necessary, on the status and welfare of hostages being held in Gaza. (b) For purposes of this section, the term appropriate congressional committees means the following: (1) The Committees on Appropriations, Armed Services, and Foreign Relations of the Senate. (2) The Select Committee on Intelligence of the Senate. (3) The Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives. (4) The Permanent Select Committee on Intelligence of the House of Representatives.