No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7372 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7372
Making emergency supplemental appropriations to provide defense support
to Ukraine, Israel, and Taiwan for the fiscal year ending September 30,
2024, to require the Secretary of Homeland Security to suspend the
entry of inadmissible aliens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2024
Mr. Fitzpatrick (for himself, Mr. Golden of Maine, Mr. Bacon, Mr. Case,
Mr. Lawler, and Ms. Perez) 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 provide defense support
to Ukraine, Israel, and Taiwan for the fiscal year ending September 30,
2024, to require the Secretary of Homeland Security to suspend the
entry of inadmissible aliens, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Borders, Defending
Democracies Act''.
SEC. 2. EXPIRATION OF AUTHORITIES AND APPROPRIATIONS.
Authorities provided by this Act and any amounts authorized or
otherwise made available under this Act may not be exercised after the
date that is 1 year after the date of enactment of this Act.
DIVISION A--DEFENDING BORDERS
SEC. 101. TEMPORARY EXPULSION OF INADMISSIBLE ARRIVING ALIENS.
(a) In General.--Notwithstanding any other provision of law, during
the period beginning on the date of the enactment of this Act and
ending on the date that is 1 year following the date of enactment of
this Act, an immigration officer who determines that an alien who is
arriving in the United States at or along the border between the United
States and Mexico is inadmissible under section paragraph (6)(C) or (7)
of section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), shall, subject to sections 102 and 103, process the alien for
expulsion from the United States without further hearing or review.
(b) Detention Pending Expulsion.--An alien subject to expulsion
under subsection (a) shall be detained pending expulsion.
SEC. 102. COUNTRIES TO WHICH ALIENS MAY BE EXPELLED.
(a) In General.--Except as provided in subsection (b), an alien who
is processed for expulsion pursuant to section 101(a) shall be expelled
to Mexico.
(b) Alternative Countries.--If the Government of Mexico is
unwilling to accept an alien subject to expulsion under section 101(a)
into the territory of Mexico or if the Secretary of Homeland Security
determines that expulsion to Mexico would not be in the national
interest of the United States, such alien shall be expelled, as
directed by the Secretary, to--
(1) the country of which such alien is a citizen, subject,
or national;
(2) the country in which such alien was born;
(3) the country in which such alien has a residence; or
(4) a country with a government that will accept such alien
into its territory if expulsion to each country described in
paragraphs (1) through (3) is impracticable, inadvisable, or
impossible.
(c) Restriction on Expulsion to a Country Where an Alien Would Be
Threatened With Persecution or Torture.--
(1) In general.--Notwithstanding subsections (a) and (b),
and except as provided in paragraph (2), the Secretary of
Homeland Security may not expel an alien to a country if--
(A) the alien's life or freedom would be threatened
in such country because of such alien's race, religion,
nationality, membership in a particular social group or
political opinion; or
(B) there are substantial grounds for believing
that such alien would be in danger of being subjected
to torture if expelled to such country.
(2) Exception.--Paragraph (1) shall not apply--
(A) to an alien who is deportable under section
237(a)(4)(D) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)(D)); or
(B) if the Secretary of Homeland Security
determines that--
(i) the alien ordered, incited, assisted,
or otherwise participated in the persecution of
an individual because of the individual's race,
religion, nationality, membership in a
particular social group, or political opinion;
(ii) the alien, having been convicted by a
final judgement of a particularly serious
crime, is a danger to the citizens of the
United States;
(iii) there are serious reasons to believe
that the alien committed a serious nonpolitical
crime outside the United States before the
alien arrived in the United States; or
(iv) there are reasonable grounds to
believe that the alien is a danger to the
national security of the United States.
(3) Determinations.--
(A) Particularly serious crime.--For purposes of
paragraph (2)(B)(ii), an alien who has been convicted
of an aggravated felony or felonies for which the alien
has been sentenced to an aggregate term of imprisonment
of not less than 5 years shall be considered to have
committed a particularly serious crime. Notwithstanding
the previous sentence, the Secretary of Homeland
Security may determine that an alien sentenced to an
aggregate term of imprisonment of less than 5 years has
been convicted of a particularly serious crime.
(B) Danger to national security.--For purposes of
paragraph (2)(B)(iv), an alien who is described in
section 237(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(B)) shall be considered to be
an alien with respect to whom there are reasonable
grounds for regarding as a danger to the national
security of the United States.
(4) Referral to asylum officer.--
(A) Referral.--If an alien expresses to an
immigration officer a fear that such alien's life or
freedom would be threatened in the country to which
such alien will be expelled or that the alien would be
in danger of being subjected to torture in such
country, the immigration officer shall refer the alien
for an interview by an asylum officer employed in the
Refugee, Asylum and International Operations
Directorate of U.S. Citizenship and Immigration
Services for a determination pursuant to paragraphs (1)
and (2).
(B) Burden of proof; credibility.--In determining
whether an alien has demonstrated that such alien's
life or freedom would be threatened for a reason
described in paragraph (1)(A) or whether the alien
would be subjected to torture described in subparagraph
(1)(B), the asylum officer shall--
(i) determine whether the alien has
sustained the alien's burden of proof; and
(ii) make credibility determinations, in
the manner described in clauses (ii) and (iii)
of section 208(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(1)(B)).
SEC. 103. WAIVER AUTHORITY.
(a) In General.--The Office of Field Operations Port Director
(referred to in this subsection as ``Director'') for each land port of
entry situated on the border between the United States and Mexico shall
coordinate with the Commissioner of U.S. Customs and Border Protection
to determine the maximum number of aliens per day that the Office of
Field Operations staff at such port are capable of--
(1) safely processing through such port of entry; and
(2) placing with nongovernmental organizations to provide
short term shelter and services.
(b) Strategy.--At the time of a determination under subsection (a),
the Director shall develop a strategy to safely and humanely identify
eligible individuals in the United States, giving priority to
individuals who--
(1) have a disability or an acute medical condition;
(2) are in need of advanced medical care that cannot be
obtained in their current location; or
(3) are described in section 102(c)(1).
(c) Exception.--An immigration officer, after approval from the
Commissioner of U.S. Customs and Border Protection, may, on a case-by-
case basis, except an alien from expulsion based on the totality of the
circumstances, including consideration of significant law enforcement
officer, public safety, humanitarian, and public health interests. An
alien who has been excepted from expulsion under this subsection shall
be processed in accordance with the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
SEC. 104. AUTHORITY TO SUSPEND ENTRY OF ALIENS AT THE BORDER.
(a) Authority To Suspend Entry of Aliens at Borders of the United
States.--Notwithstanding any other provision of law, if the Secretary
of Homeland Security determines, in his discretion, that the suspension
of the entry of covered aliens at an international land or maritime
border of the United States is necessary in order to achieve
operational control over such border, the Secretary may prohibit, in
whole or in part, the entry of covered aliens at such border for such
period of time as the Secretary determines is necessary for such
purpose.
(b) Definitions.--In this section:
(1) Except as otherwise provided, the terms have the
meanings given such terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) The term ``covered alien'' means an alien seeking entry
to the United States who is inadmissible under section
212(a)(7) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(7)).
(3) The term ``operational control'' has the meaning given
such term in section 2 of the Secure Fence Act of 2006 (8
U.S.C. 1701 note).
SEC. 105. LIMITATION ON USE OF FEDERAL FUNDS TO MOVE ALIENS.
No Federal funds may be used to transfer or otherwise move an alien
in the custody of the Federal Government from a facility in which such
alien was first detained to another location for a purpose other than
adjudicating such alien's status.
SEC. 106. TREATMENT OF ALIENS ARRIVING FROM CONTIGUOUS TERRITORY.
Section 1225(b)(2)(C) of title 8, United States Code, is amended by
striking ``may'' and inserting ``shall''.
DIVISION B--DEFENDING DEMOCRACIES
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:
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$207,158,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$3,538,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$23,302,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space Force'',
$4,192,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$4,887,581,000, 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 being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,534,163,000, to remain available until September 30, 2025, to
respond to the situation in Ukraine, to support improvements to the
submarine industrial base, and for related expenses: Provided, That of
the total amount provided under this heading in this Act, $976,405,000
shall be to respond to the situation in Ukraine and for related
expenses: Provided further, That of the total amount provided under
this heading in this Act, $557,758,000 shall be to support improvements
to the submarine industrial base and for related expenses: 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.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $69,045,000, 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 being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $846,869,000, 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 being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $8,443,000, 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 being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
(including transfers of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $34,230,780,000, to remain available until September 30, 2025,
to respond to the situations in Israel, Ukraine, and Taiwan and for
related expenses: Provided, That of the total amount provided under
this heading in this Act, $13,772,460,000 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 of the total amount
provided under this heading in this Act, up to $4,400,000,000, to
remain available until September 30, 2025, may be transferred to
accounts under the headings ``Operation and Maintenance'',
``Procurement'', 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 the Government of Israel or to
foreign countries that have provided support to Israel at the request
of the United States: Provided further, That up to $13,414,432,000, to
remain available until September 30, 2025, may be transferred to
accounts under the headings ``Operation and Maintenance'',
``Procurement'', 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 the Government of Ukraine or to
foreign countries that have provided support to Ukraine at the request
of the United States: Provided further, That up to $1,900,000,000, to
remain available until September 30, 2025, may be transferred to
accounts under the headings ``Operation and Maintenance'',
``Procurement'', 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 the Government of Taiwan or to
foreign countries that have provided support to Taiwan at the request
of the United States: Provided further, That funds transferred
pursuant to the preceding three provisos 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 any transfer authority provided herein is in addition to any other
transfer authority provided by law: 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.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$2,742,757,000, 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 being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$6,414,300,000, to remain available until September 30, 2025, to
respond to the situations in Israel and Ukraine and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, $801,400,000 shall be to respond to the situation
in Israel and for related expenses: Provided further, That of the
total amount provided under this heading in this Act, $5,612,900,000
shall be to respond to the situation in Ukraine and for related
expenses: 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.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$308,991,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$706,976,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Shipbuilding and Conversion, Navy
For an additional amount for ``Shipbuilding and Conversion, Navy'',
$2,155,000,000, to remain available until September 30, 2025, to
support improvements to the submarine industrial base and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, funds shall be available as follows:
Columbia Class Submarine (AP), $1,955,000,000; and
Virginia Class Submarine (AP), $200,000,000:
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.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$319,570,000, to remain available until September 30, 2025, to respond
to the situation in Ukraine, to support improvements to the submarine
industrial base, and for related expenses: Provided, That of the total
amount provided under this heading in this Act, $26,000,000 shall be to
respond to the situation in Ukraine and for related expenses: Provided
further, That of the total amount provided under this heading in this
Act, $293,570,000 shall be to support improvements to the submarine
industrial base and for related expenses: 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.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$212,443,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$366,001,000, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,808,678,000, to remain available until September 30, 2025, to
respond to the situation in Ukraine and for other expenses: 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.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$5,246,780,000, to remain available until September 30, 2025, to
respond to the situations in Israel and Ukraine and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, $4,000,000,000 shall be 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 further, That of the total amount provided
under this heading in this Act, $1,200,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel for the
procurement of the Iron Beam defense system to counter short-range
rocket threats: Provided further, That funds in the preceding provisos
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 in this Act 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 or for the procurement of
the Iron Beam defense system: Provided further, That of the total
amount provided under this heading in this Act, $46,780,000 shall be to
respond to the situation in Ukraine and for related expenses: 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.
Defense Production Act Purchases
For an additional amount for ``Defense Production Act Purchases'',
$331,200,000, to remain available until September 30, 2025, 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 being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $18,594,000, 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
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $20,825,000, to remain available until September
30, 2025, to respond to the situation in Ukraine, to support
improvements to the submarine industrial base, and for related
expenses: Provided, That of the total amount provided under this
heading in this Act, $13,825,000 shall be to respond to the situation
in Ukraine and for related expenses: Provided further, That of the
total amount provided under this heading in this Act, $7,000,000 shall
be to support improvements to the submarine industrial base and for
related expenses: 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.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $406,834,000, 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 being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $194,125,000, 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 being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$8,000,000, to remain available until September 30, 2025, which shall
be for operation and maintenance of the Office of the Inspector
General, including the Special Inspector General for Operation Atlantic
Resolve, to carry out reviews of the activities of the Department of
Defense to execute funds appropriated in this Act, including assistance
provided to Ukraine: Provided, That the Inspector General of the
Department of Defense shall provide to the congressional defense
committees a briefing not later than 90 days after the date of
enactment of this Act: 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.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community Management
Account'', $2,000,000, 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 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)
Sec. 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, That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this subsection: Provided
further, That such authority is in addition to any 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.
(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, That the Director of National Intelligence shall
notify the Congress promptly of all transfers made pursuant to the
authority in this subsection: Provided further, That such authority is
in addition to any transfer authority otherwise provided by law and is
subject to the same terms and conditions as the authority provided in
section 8093 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.
Sec. 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, That such
report shall include a description of any occurrences of articles not
reaching their intended recipients or used for their intended purposes
and a description of any remedies taken: Provided further, That such
report shall be submitted in unclassified form, but may be accompanied
by a classified annex.
Sec. 103. Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter through fiscal year 2025, the
Secretary of Defense, in coordination with the Secretary of State,
shall provide a written report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate describing United States security assistance provided to
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, That such report shall
be submitted in unclassified form, but may be accompanied by a
classified annex.
Sec. 104. For an additional amount for the Department of Defense,
$2,440,000,000, to remain available until September 30, 2025, for
transfer to military personnel accounts, operation and maintenance
accounts, procurement accounts, research, development, test and
evaluation accounts, and the Defense Working Capital Funds, in addition
to amounts otherwise made available for such purpose, only for U.S.
operations, force protection, deterrence, and the replacement of combat
expenditures in the United States Central Command region: Provided,
That none of the funds provided under this section may be obligated or
expended until 30 days after the Secretary of Defense provides to the
congressional defense committees an execution plan: Provided further,
That not less than 15 days prior to any transfer of funds, the
Secretary of Defense shall notify the congressional defense committees
of the details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for the same
purposes, and for the same time period, as the appropriation to which
transferred: Provided further, That any transfer authority provided
herein is in addition to any other transfer authority provided by law:
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.
Sec. 105. For an additional amount for the Department of Defense,
$542,400,000, to remain available until September 30, 2025, for
transfer to operation and maintenance accounts, procurement accounts,
and research, development, test and evaluation accounts, in addition to
amounts otherwise made available for such purpose, only for unfunded
priorities of the United States Indo-Pacific Command for fiscal year
2024 (as submitted to Congress pursuant to section 1105 of title 31,
United States Code): Provided, That none of the funds provided under
this section may be obligated or expended until 30 days after the
Secretary of Defense, through the Under Secretary of Defense
(Comptroller), provides the Committees on Appropriations of the House
of Representatives and the Senate a detailed execution plan for such
funds: Provided further, That not less than 15 days prior to any
transfer of funds, the Secretary of Defense shall notify the
congressional defense committees of the details of any such transfer:
Provided further, That upon transfer, the funds shall be merged with
and available for the same purposes, and for the same time period, as
the appropriation to which transferred: Provided further, That any
transfer authority provided herein is in addition to any other transfer
authority provided by law: 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.
<all>
Introduced in House
Introduced in House
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.
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.
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