H.R.8035 - Ukraine Security Supplemental Appropriations Act, 2024 118th Congress (2023-2024) |

Making emergency supplemental appropriations to respond to the situation in Ukraine and for related expenses for the fiscal year ending September 30, 2024, and for other purposes.

Making emergency supplemental appropriations to respond to the situation in Ukraine and for related expenses for the fiscal year ending September 30, 2024, and for other purposes.

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:

DEPARTMENT OF DEFENSE

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for “Military Personnel, Army”, $207,158,000, to remain available until December 31, 2024, 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 December 31, 2024, 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 December 31, 2024, 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 December 31, 2024, 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 December 31, 2024, 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”, $976,405,000, to remain available until December 31, 2024, 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, Marine Corps

For an additional amount for “Operation and Maintenance, Marine Corps”, $69,045,000, to remain available until December 31, 2024, 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”, $371,475,000, to remain available until December 31, 2024, 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 December 31, 2024, 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”, $27,930,780,000, to remain available until December 31, 2024, to respond to the situation in Ukraine and for related expenses: Provided, That of the total amount provided under this heading in this Act, $13,772,460,000, to remain available until September 30, 2025, 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 in section 8148 of the Department of Defense Appropriations Act, 2024 (division A of Public Law 118–47): Provided further, That of the total amount provided under this heading in this Act, 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 the government of Ukraine or identified and notified to Congress 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 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

Missile Procurement, Army

For an additional amount for “Missile Procurement, Army”, $2,742,757,000, 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 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”, $5,612,900,000, 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 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, 2026, 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, 2026, 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, 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 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, 2026, 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, 2026, 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”, $3,284,072,000, 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 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”, $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 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”, $13,825,000, 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, 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, 2024, 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, 2024 (division A of Public Law 118–47), 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 8091 of the Department of Defense Appropriations Act, 2024 (division A of Public Law 118–47), 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.

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Science

For an additional amount for “Science”, $98,000,000, to remain available until expended, for acquisition, distribution, and equipment for development and production of medical, stable, and radioactive isotopes: 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.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Defense Nuclear Nonproliferation

For an additional amount for “Defense Nuclear Nonproliferation”, $143,915,000, 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.

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 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 HEALTH AND HUMAN SERVICES

Administration For Children And Families

refugee and entrant assistance

For an additional amount for “Refugee and Entrant Assistance”, $481,000,000, to remain available until September 30, 2025, for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980: Provided, That amounts made available under this heading in this Act may be used for grants or contracts with qualified organizations, including nonprofit entities, to provide culturally and linguistically appropriate services, including wraparound services, housing assistance, medical assistance, legal assistance, and case management assistance: Provided further, That amounts made available under this heading in this Act may be used by the Director of the Office of Refugee Resettlement (Director) to issue awards or supplement awards previously made by the Director: Provided further, That the Director, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)(A)) with amounts made available under this heading in this Act, may allocate such amounts among the States in a manner that accounts for the most current data available: 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 PROVISION—THIS TITLE

Sec. 301. Section 401(a)(1)(A) of the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117–128) is amended by striking “September 30, 2023” and inserting “September 30, 2024”: 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.

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration Of Foreign Affairs

diplomatic programs

For an additional amount for “Diplomatic Programs”, $60,000,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and countries impacted by the situation in 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”, $8,000,000, 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 situation in Ukraine and countries impacted by the situation in 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”, $10,000,000, 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

transition initiatives

For an additional amount for “Transition Initiatives”, $25,000,000, to remain available until expended, for assistance for Ukraine and countries impacted by the situation in 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.

economic support fund

For an additional amount for “Economic Support Fund”, $7,899,000,000, to remain available until September 30, 2025: Provided, That of the total amount provided under this heading in this Act, $7,849,000,000 shall be for assistance for Ukraine, which may include budget support and which may be made available notwithstanding any other provision of law that restricts assistance to foreign countries: Provided further, That none of the funds made available for budget support pursuant to the preceding proviso may be made available for the reimbursement of pensions: Provided further, That of the total amount provided under this heading in this Act, $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.

assistance for europe, eurasia and central asia

For an additional amount for “Assistance for Europe, Eurasia and Central Asia”, $1,575,000,000, to remain available until September 30, 2025, for assistance and related programs for Ukraine and other countries identified in section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5402(c)): 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.

INTERNATIONAL SECURITY ASSISTANCE

Department Of State

international narcotics control and law enforcement

For an additional amount for “International Narcotics Control and Law Enforcement”, $300,000,000, to remain available until September 30, 2025, for assistance for Ukraine and countries impacted by the situation in Ukraine: Provided, That such funds may be made available to support the State Border Guard Service of Ukraine and National Police of Ukraine, including units supporting or under the command of the Armed Forces of Ukraine: 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.

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.

Funds Appropriated To The President

foreign military financing program

For an additional amount for “Foreign Military Financing Program”, $1,600,000,000, to remain available until September 30, 2025, for assistance for Ukraine and countries impacted by the situation in Ukraine 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.

GENERAL PROVISIONS—THIS TITLE

(including transfers of funds)

Sec. 401. 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. 402. During fiscal year 2024, section 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) 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. 403. 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. 404. (a) Funds appropriated by this Act under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” 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.

(b) The transfer authority provided by this section is in addition to any other transfer authority provided by law, and is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(c) Upon a determination that all or part of the funds transferred pursuant to the authority provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations.

Sec. 405. 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.

Sec. 406. None of the funds appropriated or otherwise made available by this title in this Act may be made available for assistance for the Governments of the Russian Federation or Belarus, including entities owned or controlled by such Governments.

Sec. 407. (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.

Sec. 408. Funds appropriated under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” in this title in this Act may be made available as contributions, following consultation with the Committees on Appropriations.

Sec. 409. Prior to the initial obligation of funds made available in this title in this Act, but not later than 15 days after the date of enactment of this Act, the Secretary of State and USAID Administrator, as appropriate, shall submit to the Committees on Appropriations—

(1) spend plans, as defined in section 7034(s)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328), at the country, account, and program level, for funds appropriated by this Act under the headings “Economic Support Fund”, “Transition Initiatives”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, 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”.

GENERAL PROVISIONS—THIS ACT

Sec. 501. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 503. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2024.

Sec. 504. Not later than 45 days after the date of enactment of this Act, the Secretary of State and the Secretary of Defense, in consultation with the heads of other relevant Federal agencies, as appropriate, shall submit to the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives a strategy regarding United States support for Ukraine against aggression by the Russian Federation: Provided, 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.

Sec. 505. (a) Transfer of Long-Range ATACMS Required.—As soon as practicable after the date of enactment of this Act, the President shall transfer long range Army Tactical Missile Systems to the Government of Ukraine to assist the Government of Ukraine in defending itself and achieving victory against the Russian Federation.

(b) Notification.—If the President determines that executing the transfer of long-range Army Tactical Missile Systems to the Government of Ukraine pursuant to subsection (a) would be detrimental to the national security interests of the United States, the President may withhold such transfer and shall notify the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate, and the Committees on Appropriations and Foreign Affairs of the House of Representatives of such determination.

Sec. 506. (a) In-Person Monitoring.—The Secretary of State shall, to the maximum extent practicable, ensure that funds appropriated by this Act under the headings “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, and “Nonproliferation, Anti-terrorism, Demining and Related Programs” and made available for project-based assistance for Ukraine are subject to in-person monitoring by United States personnel or by vetted third party monitors.

(b) Certification.—Not later than 15 days prior to the initial obligation of funds appropriated by this Act and made available for assistance for Ukraine under the headings “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, the Secretary of State and the USAID Administrator shall jointly certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of funds are in place and functioning to ensure accountability of such funds to prevent waste, fraud, abuse, diversion, and corruption, including mechanisms such as use of third party monitors, enhanced end-use monitoring, external and independent audits and evaluations, randomized spot checks, and regular reporting on outcomes achieved and progress made toward stated program objectives, consistent with the strategy required by section 504 of this title: Provided, That section 7015(e) of Public Law 118–47 shall apply to the certification requirement of this subsection.

(c) Cost Matching.—Funds appropriated by this Act and prior Acts for fiscal year 2024 under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” that are made available for contributions to the Government of Ukraine may not exceed 50 percent of the total amount provided for such assistance by all donors: Provided, That the President may waive the limitation in this subsection if the President determines and reports to the appropriate congressional committees that to do so is in the national security interest of the United States, including a detailed justification for such determination and an explanation as to why other donors to the Government of Ukraine are unable to meet or exceed such level: Provided further, That following such determination, the President shall submit a report to the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the appropriate congressional committees every 120 days while assistance is provided in reliance on the determination under the previous proviso detailing steps taken by the Department of State to increase other donor contributions and an update on the status of such contributions: Provided further, That the requirements of this subsection shall continue in effect until such funds are expended.

Sec. 507. (a) Arrangement Required.—Notwithstanding any other provision of law, not later than 60 days after the date of the enactment of this Act, the President shall enter into an arrangement with the Government of Ukraine relating to the repayment by Ukraine to the United States of economic assistance provided to Ukraine by the United States to respond to the situation in Ukraine, and for related expenses, that are made available under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” in title IV of this Act.

(b) Terms.—Repayment required by the arrangement required by subsection (a) shall be at terms to be set by the President.

(c) Limitation on Arrangement Terms.—The arrangement required pursuant to subsection (a) may not provide for the cancellation of any or all amounts of indebtedness except as provided in subsection (d).

(d) Cancellation of Indebtedness.—

(1) The President may not before November 15, 2024 take any action related to the indebtedness of the Government of Ukraine that cancels any indebtedness incurred by Ukraine pursuant to this section.

(2) At any time after November 15, 2024, the President may, subject to congressional review provided by section 508, cancel up to 50 percent of the total indebtedness incurred by Ukraine or anticipated to be incurred by Ukraine with respect to economic assistance and related expenses made available under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia, and Central Asia” in title IV of this Act. Upon completion of the congressional review process set forth in section 508, such cancellation shall be final and irrevocable.

(3) The President may, subject to congressional review provided by section 508, cancel any remaining indebtedness to the government of Ukraine under this section at any time after January 1, 2026. Upon completion of the congressional review process set forth in section 508, such cancellation shall be final and irrevocable.

Sec. 508. (a) Report Required.—

(1) In General.—Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to Congress a written report that describes that action and the reason for that action.

(2) Action Described.—An action described in this paragraph is an action related to the indebtedness of the Government of Ukraine authorized by section 507(d)(1).

(b) Congressional Review Period.—

(1) 2024.—During calendar year 2024, if the President submits to Congress a report under subsection (a)(1), the President may not take any action with respect to the indebtedness of the Government of Ukraine until the later of—

(A) the date that is 10 calendar days after the date of such submission; or

(B) the date on which Congress has considered and failed to pass a joint resolution of disapproval, as provided in this section.

(2) Succeeding Years.—

(A) IN GENERAL.—During calendar year 2025 or any calendar year thereafter, if the President submits to Congress a report under subsection (a)(1), the President may not take any action with respect to the indebtedness of the Government of Ukraine until the later of—

(i) the date that is 30 calendar days after the date of such submission, except as provided in subparagraph (B); or

(ii) the date on which Congress has failed to pass a joint resolution of disapproval, as provided in this section.

(B) EXCEPTION.—The period for congressional review of a report submitted under subsection (a)(1) shall be 60 calendar days if the report is submitted to Congress on or after July 10 and on or before September 7 in any calendar year.

(3) Veto Message.—If the President vetoes a joint resolution of disapproval, he may not take any action with respect to the indebtedness of Ukraine for 5 calendar days after the veto message is received by the appropriate House of Congress.

(c) Joint Resolution of Disapproval.—In this section, the term “joint resolution” means only a joint resolution—

(1) that is introduced not later than 3 calendar days after the date on which a report of the President referred to in subsection (a)(1) is received by Congress;

(2) which does not have a preamble;

(3) the title of which is as follows: “Joint resolution relating to the disapproval of the Presidential report with respect to the indebtedness of the Government of Ukraine”; and

(4) the matter after the resolving clause of which is as follows: “That Congress disapproves the proposal relating to the indebtedness of the Government of Ukraine submitted by the President of the United States to Congress on _____”, with the blank space filled with the appropriate date of submission of the report under subsection (a)(1).

(d) Fast-track Consideration in House of Representatives.—

(1) Reporting and Discharge.—Any committee of the House of Representatives to which a joint resolution is referred shall report the joint resolution to the House of Representatives not later than 5 calendar days after the date on which Congress receives the report described in subsection (a)(1). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar.

(2) Proceeding to Consideration.—After each committee authorized to consider a joint resolution reports the joint resolution to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the 6th calendar day after the date on which Congress receives the report described in subsection (a)(1), to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

(3) Consideration.—The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.

(e) Fast-track Consideration in Senate.—

(1) Placement on Calendar.—Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar.

(2) Floor Consideration.—

(A) IN GENERAL.—It shall not be in order to move to proceed to a joint resolution that has been placed on the calendar pursuant to paragraph (1) unless a motion signed by 16 Senators has been presented to the Senate. Thereafter, notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, during the periods described in subparagraph (B) (even though a previous motion to the same effect has been disagreed to), for any Senator to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of.

(B) PERIODS DESCRIBED.—The periods described in this subparagraph are the following:

(i) During calendar year 2024, the period beginning on the day after the date on which the joint resolution was placed on the calendar and ending on the 4th day after the date on which the joint resolution was placed on the calendar.

(ii) During succeeding years under subsection (b)(2)(A), the period beginning on the day after the date on which the joint resolution was placed on the calendar and ending 20 calendar days later.

(iii) During succeeding years under subsection (b)(2)(B), the period beginning on the day after the date on which the joint resolution was placed on the calendar and ending 50 calendar days later.

(C) DEBATE.—Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

(D) VOTE ON PASSAGE.—The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.

(E) RULINGS OF THE CHAIR ON PROCEDURE.—Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate.

(F) ONE JOINT RESOLUTION OF DISAPPROVAL PER REVIEW PERIOD.—Only one joint resolution shall be in order during each of the review periods described in subsection (b), unless the additional joint resolution is a joint resolution of the House of Representatives considered under paragraph (2) or (3) of subsection (f).

(f) Rules Relating to Senate and House of Representatives.—

(1) Coordination with Action by Other House.—If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply:

(A) The joint resolution of the other House shall not be referred to a committee.

(B) With respect to a joint resolution of the House receiving the resolution—

(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

(ii) the vote on passage shall be on the joint resolution of the other House.

(2) Treatment of Joint Resolution of Other House.—If one House fails to introduce or consider a joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section.

(3) Treatment of Companion Measures.—If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable.

(4) Consideration After Passage.—

(A) IN GENERAL.—If Congress passes a joint resolution, the period beginning on the date on which the President is presented with the joint resolution and ending on the date on which the President takes action with respect to the joint resolution shall be disregarded in computing the 10-, 30-, or 60-calendar-day period described in subsection (b), but the President may not take any action with respect to the indebtedness of the Government of Ukraine during any such period.

(B) VETOES.—If the President vetoes the joint resolution, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.

(5) Rules of House of Representatives and Senate.—This subsection and subsections (c), (d), and (e) are enacted by Congress—

(A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and supersede other rules only to the extent that they are inconsistent with such rules; and

(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Sec. 509. Funds appropriated by this Act for foreign assistance (including foreign military sales), for the Department of State, for broadcasting subject to supervision of United States Agency for Global Media, and for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for the purposes of section 10 of Public Law 91–672 (22 U.S.C. 2412), 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. 510. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or repurposed or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

Sec. 511. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation.

SPENDING REDUCTION ACCOUNT

Sec. 512. $0.

This Act may be cited as the “Ukraine Security Supplemental Appropriations Act, 2024”.