Indo-Pacific Security Supplemental Appropriations Act, 2024
This bill provides FY2024 supplemental appropriations for the Department of State and the Department of Defense (DOD) to support U.S. allies and activities in the Indo-Pacific region. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits.
The bill provides funding to DOD and the State Department for purposes such as
The bill also expands the authorities of the President to transfer defense articles and services from DOD to foreign countries or international organizations.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8036 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8036
Making emergency supplemental appropriations for assistance for the
Indo-Pacific region and for related expenses for the fiscal year ending
September 30, 2024, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2024
Mr. Cole (for himself, Mr. Calvert, and Mr. Diaz-Balart) 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 for assistance for the
Indo-Pacific region and for related expenses for the fiscal year ending
September 30, 2024, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2024, and for
other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$557,758,000, to remain available until September 30, 2024, to support
improvements to the submarine industrial base 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'', $1,900,000,000, to remain available until September 30, 2025,
to respond to the situation in Taiwan and for related expenses:
Provided, That such funds 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 Taiwan or identified and
notified to Congress for provision to 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 proviso 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
Shipbuilding and Conversion, Navy
For an additional amount for ``Shipbuilding and Conversion, Navy'',
$2,155,000,000, to remain available until September 30, 2028, 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'',
$293,570,000, to remain available until September 30, 2026, to support
improvements to the submarine industrial base 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.
Defense Production Act Purchases
For an additional amount for ``Defense Production Act Purchases'',
$132,600,000, 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 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, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $7,000,000, to remain available until September 30,
2025, to support improvements to the submarine industrial base 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
Sec. 101. For an additional amount for the Department of Defense,
$542,400,000, to remain available until September 30, 2024, 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.
TITLE II
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $281,914,000, to remain available until September 30,
2028, to support improvements to the submarine industrial base and for
related expenses: Provided, That not later than 60 days after the date
of enactment of this Act, the Secretary of the Navy, or their designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for funds provided
under this heading in this Act: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized 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.
TITLE III
DEPARTMENT OF STATE AND RELATED AGENCY
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $2,000,000,000, to remain available until September 30,
2025, for assistance for the Indo-Pacific region and for related
expenses: Provided, 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.
INTERNATIONAL ASSISTANCE PROGRAMS
Multilateral Assistance
contribution to the international development association
For an additional amount for ``Contribution to the International
Development Association'', $250,000,000, to remain available until
expended, which shall be made available for a contribution to the
International Development Association Special Program to Enhance Crisis
Response Window: 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. 301. 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''.
Sec. 302. 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).
Sec. 303. 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''.
Sec. 304. (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''.
(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.
Sec. 305. Prior to the initial obligation of funds made available
in this title in this Act, but not later than 15 days after the date of
enactment of this Act, the Secretary of State and the Secretary of the
Treasury, as appropriate, shall submit to the Committees on
Appropriations 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 ``Foreign Military Financing Program'' and
``Contribution to the International Development Association'':
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.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 403. 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.
Sec. 404. Funds appropriated by this Act for foreign assistance
(including foreign military sales), for the Department of State, for
broadcasting subject to supervision of United States Agency for Global
Media, and for intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for the purposes
of section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 405. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available (or repurposed or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 406. Any amount appropriated by this Act, designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
spending reduction account
Sec. 407. $0.
This Act may be cited as the ``Indo-Pacific Security Supplemental
Appropriations Act, 2024''.
<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.
Rules Committee Resolution H. Res. 1160 Reported to House. Rule provides for consideration of H.R. 8034, H.R. 8035, H.R. 8036 and H.R. 8038. The resolution provides for consideration of H.R. 8034 under a closed rule and H.R. 8035, H.R. 8036, and H.R. 8038 under a structured rule. Provides for 30 minutes of general debate and one motion recommit on each bill. Rule also provides that upon disposition of the bills under consideration, the House will be considered to have taken from the Speaker's table H.R. 815 and to have concurred in the Senate amendment with an amendment inserting the texts of all bills as passed by the House, if passed.
Considered under the provisions of rule H. Res. 1160. (consideration: CR H2587-2593; text: CR H2587-2589)
Rule provides for consideration of H.R. 8034, H.R. 8035, H.R. 8036 and H.R. 8038. The resolution provides for consideration of H.R. 8034 under a closed rule and H.R. 8035, H.R. 8036, and H.R. 8038 under a structured rule. Provides for 30 minutes of general debate and one motion recommit on each bill. Rule also provides that upon disposition of the bills under consideration, the House will be considered to have taken from the Speaker's table H.R. 815 and to have concurred in the Senate amendment with an amendment inserting the texts of all bills as passed by the House, if passed.
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DEBATE - The House proceeded with 30 minutes of debate on H.R. 8036.
DEBATE - Pursuant to the provisions of H.Res. 1160, the House proceeded with 10 minutes of debate on the Issa amendment No. 1.
POSTPONED PROCEEDINGS - Pursuant to clause 10 of rule 20, the yeas and nays are ordered. Further proceedings are postponed.
Considered as unfinished business. (consideration: CR H2617)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 385 - 34, 1 Present (Roll no. 146).
Roll Call #146 (House)On passage Passed by the Yeas and Nays: 385 - 34, 1 Present (Roll no. 146).
Roll Call #146 (House)Motion to reconsider laid on the table Agreed to without objection.
Pursuant to the provisions of H. Res. 1160, H.R. 8036 is laid on the table.