Overview
Title
An Act to amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes.
ELI5 AI
The bill helps veterans get money back for emergency doctor visits outside the VA and gives the military more money to help with problems in other countries like Ukraine. It tries to stop bad drugs from getting into the U.S. and spends a lot of money to keep everyone safe, but some people worry that it might not be watched closely enough to make sure it's spent wisely.
Summary AI
The bill H.R. 815 amends U.S. Code Title 38 to improve the eligibility of veterans for reimbursement of emergency medical treatment through the Veterans Community Care program. It also includes the National Security Supplemental Appropriations Act, 2024, which allocates funds to the Department of Defense and related agencies for military, emergency, and humanitarian responses in Ukraine, Israel, and Taiwan, and other regions affected by conflict or natural disasters. Furthermore, the FEND Off Fentanyl Act outlines strategies and sanctions to combat fentanyl trafficking, highlighting international cooperation to prevent the drug's flow into the United States. The bill emphasizes rapid resource allocation, operational planning, and coordination amongst U.S. departments to address pressing security, health, and humanitarian needs.
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AnalysisAI
General Summary of the Bill
The proposed legislation, H.R. 815, aims to modify Title 38 of the United States Code, enhancing the eligibility criteria for veterans to receive reimbursement for emergency treatments through the Veterans Community Care program. The bill also encompasses broader initiatives, such as substantial financial appropriations for national security purposes, significant military and defense spending, sanctions related to fentanyl trafficking, and strategies for managing international relations and emergency situations. Among its many provisions, the legislation includes emergency appropriations and aims to provide comprehensive responses to pressing national and international challenges, including the situation in Ukraine, defense needs in the Indo-Pacific region, and efforts to curb fentanyl trafficking.
Summary of Significant Issues
One of the predominant concerns highlighted in the bill is the reliance on "emergency appropriations." Such appropriations allow funds to break free from normal budgetary constraints, potentially leading to uncontrolled spending. The phrase "and for other purposes" appears frequently, offering a broad and vague scope that could permit unfocused financial allocations.
There is considerable authority granted for fund transfers between various accounts (including military and diplomatic finances), raising concerns over the transparency and oversight of these transfers. The criteria for when and how funds can be transferred or used are not always clearly defined, leaving room for potential misuse.
Increases in certain appropriations, particularly related to military support for the Indo-Pacific region and sanctions implementation, are not deeply justified within the text. This raises the possibility of preferential treatment or wasteful spending in these areas.
Impact on the Public
Broadly, the bill could affect the public by enhancing support for national security and veterans. However, the lack of strict budgetary oversight and the potential for unchecked spending may have economic implications for taxpayers, possibly resulting in increased national debt or future tax burdens.
Additionally, the bill's approach to reallocating significant sums for military and defense purposes might be seen as prioritizing defense over other public needs like healthcare or education, potentially influencing public debate on government spending priorities.
Impact on Specific Stakeholders
Veterans stand to benefit from the proposed improvements in emergency treatment reimbursements within the Veterans Community Care program, potentially leading to better healthcare outcomes and financial relief for those who served. However, without detailed guidelines on the reimbursement process, there may be inconsistencies in how benefits are realized.
Defense contractors and military personnel might experience positive impacts due to increased financial appropriations and the resultant potential for contracts or resource allocation. On the other hand, stakeholders in diplomatic and humanitarian sectors may view the military focus with concern, as it could redirect resources away from diplomacy or support for social infrastructures.
Meanwhile, communities and organizations working to combat recreational drug use may find alignment with the bill’s measures targeting fentanyl trafficking, seeing them as a step toward addressing public health crises. Nonetheless, the effectiveness of these measures could be questioned if sanctions and regulatory frameworks aren't clearly and consistently enforced.
Overall, while the bill intends to bolster national security and respond to pressing international issues, it risks engendering fiscal inefficiency, overspending, and possible imbalance in national priorities depending on its implementation and oversight.
Financial Assessment
The bill H.R. 815 encompasses a variety of financial allocations, primarily aimed at addressing national security, emergency preparedness, and fentanyl trafficking issues. This commentary will explore the financial references, noting both the specified allocations and the relationship to potential issues outlined in the bill.
Financial Allocations and Spending
Military and Security-Related Spending
The bill allocates substantial funding to the Department of Defense across different branches and activities. Notably, significant sums are designated to respond to international crises, including $207,158,000 for Army personnel to address the situation in Ukraine, and an additional $34,230,780,000 for "Operation and Maintenance, Defense-Wide" expenses, covering measures in Ukraine, Israel, and Taiwan.
Further allocations for military procurement include $2,742,757,000 for missile procurement by the Army, and $2,155,000,000 for the Navy's shipbuilding and conversion related to submarine industrial base improvements. This clear focus on enhancing military capabilities also includes $2,440,000,000 for U.S. Central Command to bolster force protection and deterrence.
Emergency and Humanitarian Funding
The bill directs funding toward emergency preparedness and humanitarian responses. The Federal Emergency Management Agency (FEMA) is allocated $10,000,000 for operations and support and $390,000,000 for federal assistance to improve security against terrorism via the Nonprofit Security Grant Program. Additionally, the Department of Health and Human Services receives $481,000,000 for refugee and entrant assistance, further emphasizing the bill's commitment to humanitarian efforts.
Diplomatic and International Support
In terms of international diplomatic efforts, the Department of State is allocated $210,000,000 for diplomatic programs in response to conflicts, notably in Israel and Ukraine. Furthermore, $5,655,000,000 is designated under "International Disaster Assistance" to provide humanitarian aid, including emergency food and shelter for affected regions.
Issues Related to Financial Allocations
Exemptions from Budgetary Constraints
Several issues identified point out that the bill allows for numerous expenditures that bypass traditional budgetary limits. For instance, the total appropriation of $7,800,000,000 through modifications of the Foreign Assistance Act highlights the flexibility and potential for unchecked spending under the guise of emergency responses (SEC. 602).
Potential for Wasteful Spending
The broad and sometimes vague language, such as "and for other purposes," coupled with the extensive transfer authority granted in sections like SEC. 609, can lead to questions about the transparency and accountability of these financial activities. The ability to transfer up to $1,000,000,000 interchangeably within Defense budgets (SEC. 101) without stringent criteria furthers this concern.
Ambiguity and Vague Oversight
The bill's allocation processes, particularly those involving large sums for military and international support, may lack detailed oversight to ensure the funds are used effectively. For example, the legislation allows for discretionary and potentially arbitrary fund transfers, justified under emergency conditions, which could result in inefficient or misdirected financial resources. The provisions related to Gaza assistance oversight (SEC. 615) call for a significant financial commitment but highlight the necessity for clear implementation strategies to avoid potential misuse.
Conclusion
Ultimately, while H.R. 815 aims to address pressing security and humanitarian needs through extensive financial commitments, the bill raises several issues concerning transparency, oversight, and fiscal responsibility. The broad transfer authorities and exemptions from typical budgetary constraints heighten the risk of unchecked or inefficient spending, necessitating vigilant administration and congressional review to ensure adequacy and accountability.
Issues
The bill includes numerous emergency appropriations that are exempt from usual budgetary constraints and oversight mechanisms (SEC. 3401). This could lead to significant fiscal irresponsibility or unchecked spending.
The phrase 'and for other purposes' in the bill's title and multiple sections is vague, potentially allowing for unfocused or wasteful spending (SEC. 3, DIVISION A).
There is significant potential for wasteful spending due to lack of detailed oversight on the transfer and use of large sums of money (SECs. 101, 104, 105, 609).
The bill grants expansive transfer authority, which could lead to a lack of transparency and accountability in how funds are used (SEC. 609).
The bill allows for significant sums of money to be moved between accounts and for emergencies without specifying criteria, potentially leading to misuse (SECs. 101, 602, 603, 604).
The increase in various appropriations like for military and diplomatic purposes occurs without detailed justification (e.g., military support for the Indo-Pacific region), potentially indicating preferential treatment or wasteful spending (e.g., SEC. 605).
There is ambiguity regarding the implementation and monitoring of funds allocated for specific purposes, such as for defense articles and military education, which could lead to inefficiencies or misuse (multiple sections, e.g., SEC. 102, 105, 104).
The language related to transaction designations and sanctions lacks clarity, potentially leading to arbitrary or inconsistent enforcement (SEC. 3201).
The potential delay or influence of political factors in the President's designation of emergency requirement amounts could impact the timely allocation or rescission of funds (SEC. 707).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
Read Opens in new tab
Summary AI
The House of Representatives bill H.R. 815 proposes amendments to title 38 of the United States Code to improve rules for veterans' eligibility to get reimbursed for emergency medical treatment through the Veterans Community Care program.
1. Short title Read Opens in new tab
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The first section of the document states that the official name of the act is the "National Security Act, 2024."
2. Table of contents Read Opens in new tab
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The text provides the table of contents for a legislative act, listing its key sections and divisions, including the National Security Supplemental Appropriations Act, 2024 and the Fend Off Fentanyl Act. It outlines various titles covering matters such as sanctions, anti-money laundering, import exceptions, and budgetary effects.
3. References Read Opens in new tab
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Any reference to "this Act" within a specific section of the Act refers only to that particular section, unless stated otherwise.
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The section authorizes the allocation of funds from the Treasury for the fiscal year ending September 30, 2024, for various unspecified purposes.
101. Read Opens in new tab
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The Secretary of Defense and the Director of National Intelligence are granted authority to transfer funds between specific accounts within their departments if needed for national interests, though they must notify Congress of any such transfers. The Secretary can move up to $1 billion for Department of Defense needs related to Ukraine, while the Director can transfer up to $250 million within the National Intelligence Program, each according to certain rules and conditions.
Money References
- 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:
- (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:
102. Read Opens in new tab
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The Secretary of Defense, in coordination with the Secretary of State, is required to submit a report to Congress within 60 days, detailing the steps taken to monitor and ensure the proper use of U.S. defense articles sent to Ukraine since the Russian invasion on February 24, 2022. This report must include any incidents where the defense articles did not reach their intended recipients or were not used as intended, as well as any corrective actions taken, and it should be available in an unclassified format but can have a classified section.
103. Read Opens in new tab
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The section requires the Secretary of Defense, with help from the Secretary of State, to send a written report every 30 days to specific congressional committees. This report should detail the security assistance given to Ukraine since Russia's February 24, 2022 invasion, listing the defense items and services provided and their funding sources. The report must be unclassified but can have a classified part attached.
104. Read Opens in new tab
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The section allocates an additional $2.44 billion for the Department of Defense to support U.S. military operations and various Defense accounts, with the funds available until September 30, 2024. Before these funds can be used, the Secretary of Defense must submit a plan to Congress, and notify them prior to any transfer of funds, and this allocation is marked as an emergency requirement by Congress.
Money References
- For an additional amount for the Department of Defense, $2,440,000,000, to remain available until September 30, 2024, 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:
105. Read Opens in new tab
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The section allocates an additional $542.4 million to the Department of Defense, specifically for the Indo-Pacific Command's unfunded priorities for fiscal year 2024. Before spending, the Secretary of Defense must provide detailed plans to Congress, and notify them prior to any fund transfers, which will then merge with existing defense funds designated as emergency requirements.
Money References
- SEC. 105. 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:
201. Reasonable compensation Read Opens in new tab
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The text outlines a plan to use up to $2.72 billion from unspent Department of Energy funds allocated in previous years to support the Nuclear Fuel Security Act of 2023. To reach this amount, additional funds from 2025 or other sources may be used if necessary, but funds can only be repurposed when the U.S restricts uranium imports from Russia, and must be recorded as obligations when commitments are made.
Money References
- SEC. 201. (a) Of the unobligated balances from amounts previously appropriated under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that were made available for fiscal years 2022, 2023, and 2024, up to $2,720,000,000 shall be available, in addition to amounts otherwise available, for necessary expenses to carry out the Nuclear Fuel Security Act of 2023 (section 3131 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31)): Provided, That if insufficient unobligated balances are available from such fiscal year 2022, 2023, and 2024 amounts to fund a total amount for such purpose of up to $2,720,000,000, then up to $800,000,000 from amounts previously appropriated under the heading “Department of Energy—Energy Programs—Nuclear Energy” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that are made available for fiscal year 2025, may be made available, in additional to amounts otherwise available, for such purpose to meet such total amount:
401. Read Opens in new tab
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The text amends Section 401(a)(1)(A) of the Additional Ukraine Supplemental Appropriations Act, 2022, to extend the expiration date from September 30, 2023, to September 30, 2024, and designates the funding as an emergency requirement according to specific budgetary rules.
601. Read Opens in new tab
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During fiscal year 2024, up to $250 million can be moved from the Consular and Border Security Programs account to support the Department of State's budget for emergencies and security situations, as long as the committees in charge are informed beforehand. This transfer is an addition to other transfer permissions given by law.
Money References
- During fiscal year 2024, up to $250,000,000 of funds deposited in the Consular and Border Security Programs account in any fiscal year that are available for obligation may be transferred to, and merged with, funds appropriated by any Act making appropriations for the Department of State, foreign operations, and related programs under the headings “Diplomatic Programs” (including for Worldwide Security Protection) and “Emergencies in the Diplomatic and Consular Service” for emergency evacuations or to prevent or respond to security situations and related requirements:
602. Read Opens in new tab
Summary AI
The section amends the Foreign Assistance Act of 1961, specifying that during the fiscal year 2024, the amount provided in section 506(a)(1) will be increased from $100 million to $7.8 billion.
Money References
- SEC. 602. During fiscal year 2024, section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied by substituting “$7,800,000,000” for “$100,000,000”.
603. Read Opens in new tab
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In fiscal year 2024, Section 506(a)(2)(B) of the Foreign Assistance Act of 1961 will have its financial limits increased from $200,000,000 to $400,000,000, and from $75,000,000 to $150,000,000, affecting the referenced funding amounts.
Money References
- During fiscal year 2024, section 506(a)(2)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be applied by substituting “$400,000,000” for “$200,000,000” in the matter preceding clause (i), and by substituting “$150,000,000” for “$75,000,000” in clause (i). ---
604. Read Opens in new tab
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In fiscal year 2024, the law changes the amount referenced in section 552(c)(2) of the Foreign Assistance Act of 1961 from $25,000,000 to $50,000,000.
Money References
- SEC. 604. During fiscal year 2024, section 552(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied by substituting “$50,000,000” for “$25,000,000”.
605. Read Opens in new tab
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Section 605 amends a prior defense law to allow the Department of Defense to transfer defense items to Israel, specifying that these items should be existing inventory intended for reserve use and clarifying how their value is determined and the timing of their transfer.
606. Read Opens in new tab
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In fiscal year 2024, a specific part of the Foreign Assistance Act of 1961 will not apply to defense articles that are set aside or reserved for stockpiles in Israel.
607. Read Opens in new tab
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The section allows unused funds from previous allocations to the International Monetary Fund to be used by the U.S. Secretary of the Treasury to provide loans specifically for the IMF's Poverty Reduction and Growth Trust, with a cap of $21 billion on the total loan amount.
Money References
- SEC. 607. Unobligated balances from amounts appropriated in prior Acts under the heading “Multilateral Assistance—International Financial Institutions—Contributions to the International Monetary Fund Facilities and Trust Funds” shall be available to cover the cost, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), of loans made by the Secretary of the Treasury only to the Poverty Reduction and Growth Trust of the International Monetary Fund, following consultation with the appropriate congressional committees: Provided, That such funds shall be available to subsidize gross obligations for the principal amount of direct loans not to exceed $21,000,000,000 in the aggregate, and the Secretary of the Treasury is authorized to make such loans.
608. Read Opens in new tab
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Section 608 of the bill extends the date in the Bretton Woods Agreements Act from December 31, 2025, to December 31, 2030.
609. Read Opens in new tab
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In Section 609, the provision allows transferring and merging funds between various accounts for international disaster, migration, and other specific forms of assistance. It also states that any transferred funds not needed for their intended purpose can be moved back, with these transfers requiring prior consultation and notification with the appropriate committees.
610. Read Opens in new tab
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Section 610 states that the rules and conditions from Section 1705 of the Additional Ukraine Supplemental Appropriations Act, 2023, will also apply to the money given in this Act to support Ukraine economically.
611. Read Opens in new tab
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The section states that no funds from this Act can be used to provide assistance to the governments of Russia or Belarus, or any entities owned or controlled by them.
612. Read Opens in new tab
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The section modifies financial provisions of the Ukraine Supplemental Appropriations Act, increasing support from $4 billion to $8 billion for NATO allies, major non-NATO allies, and the Indo-Pacific region. It stipulates that funds for direct loans and loan guarantees can only be used if they serve U.S. national security interests, address urgent needs, and have a repayment plan, with prior notification to Congress.
Money References
- SEC. 612. (a) Section 2606 of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103) is amended as follows: (1) in subsection (a), by striking “and North Atlantic Treaty Organization (NATO) allies” and inserting “, North Atlantic Treaty Organization (NATO) allies, major non-NATO allies, and the Indo-Pacific region”; by striking “$4,000,000,000” and inserting “$8,000,000,000”; and by striking “, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity”; and (2) in subsection (b), by striking “and NATO allies” and inserting “, NATO allies, major non-NATO allies, and the Indo-Pacific region”; by striking “$4,000,000,000” and inserting “$8,000,000,000”; and by inserting at the end of the second proviso “except for guarantees of loans by the Federal Financing Bank”. (b) Funds made available for the costs of direct loans and loan guarantees for major non-NATO allies and the Indo-Pacific region pursuant to section 2606 of division N of Public Law 117–103, as amended by subsection (a), may only be made available from funds appropriated by this Act under the heading “Foreign Military Financing Program” and available balances from under such heading in prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided, That such funds may only be made available if the Secretary of State certifies and reports to the appropriate congressional committees, not less than 15 days prior to the obligation of such funds, that such direct loan or loan guarantee is in the national security interest of the United States, is being provided in response to exigent circumstances, is addressing a mutually agreed upon emergency requirement of the recipient country, and the recipient country has a plan to repay such loan:
613. Read Opens in new tab
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Funds allocated under the “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” in this part of the law may be used as contributions, but only after discussing with the Committees on Appropriations.
614. Read Opens in new tab
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The law prohibits using any funds from this Act or previous related Acts for contributions, grants, or payments to the United Nations Relief and Works Agency, regardless of any other laws that might say otherwise.
615. Certification Read Opens in new tab
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The bill requires the Secretary of State and USAID to create policies to prevent the misuse of aid in Gaza, report on these policies by March 1, 2024, and inform Congress of any misused funds. It allocates funds for monitoring and overseeing the aid, mandates regular reports on the use of these funds, and requires initial consultations with Congress about the aid's intended use. The Secretary of State must also assess and report on any potential diversion of funds to extremist entities in Gaza and the West Bank.
Money References
- — (1) DEPARTMENT OF STATE.—Of the funds appropriated by this title under the heading “Office of Inspector General” for the Department of State, $7,000,000 shall be made available for the oversight and monitoring of assistance made available for Gaza by this title and in prior Acts making appropriations for the Department of State, foreign operations, and related programs.
- (2) UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.—Of the funds appropriated by this title under the heading “Office of Inspector General” for USAID, $3,000,000 shall be made available for the oversight and monitoring of assistance made available for Gaza by this title and in prior Acts making appropriations for the Department of State, foreign operations, and related programs.
616. Read Opens in new tab
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The section requires key officials, including the Secretary of State and the USAID Administrator, to submit detailed spending and operating plans to certain Congressional committees before utilizing funds from specified programs. These plans need to cover various aspects like total funding available, unobligated and unexpended funds, and committed funds, providing accountability and transparency for the allocation of these resources.
701. Read Opens in new tab
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Each amount of money allocated by this Act is additional to the funds that were already assigned for the fiscal year.
702. Read Opens in new tab
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No funds allocated in this Act can be used after the current fiscal year unless it is specifically mentioned in the Act.
703. Read Opens in new tab
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Certain funds allocated by this Act will follow the same rules and conditions as the funds from fiscal year 2024 unless the Act specifically states otherwise.
704. Read Opens in new tab
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The Secretary of State and the Secretary of Defense, in coordination with other relevant agencies, must create and submit a detailed plan to various congressional committees within 45 days of the law's enactment, focusing on U.S. support for Ukraine against Russian aggression. This plan should include long-term objectives, necessary resources, assessments of U.S. military risks, and international influences, and it must be updated quarterly until September 30, 2025.
705. Read Opens in new tab
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The Secretary of State must update certain congressional committees within 45 days about the situation of hostages in Gaza, and these particular committees in both the Senate and the House of Representatives include those focused on Appropriations, Armed Services, Foreign Relations or Affairs, and Intelligence.
706. Read Opens in new tab
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Funds allocated by this Act for functions like foreign aid, arms sales, state department affairs, media broadcasting under U.S. oversight, and intelligence activities are officially recognized by Congress as authorized under specific sections of various U.S. laws.
707. Read Opens in new tab
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If Congress designates funds for an emergency requirement under a specific law from 1985, those funds can only be used, changed, or canceled if the President agrees to label them as emergency funds and informs Congress.
708. Read Opens in new tab
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Any funds allocated by this Act that Congress labels as an emergency need, as specified in the Balanced Budget and Emergency Deficit Control Act of 1985, and if the President agrees and the funds are moved using the Act's transfer powers, will keep that emergency label.
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The text states that this part of the document can be referred to as the “National Security Supplemental Appropriations Act, 2024”.
3001. Short titles Read Opens in new tab
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The section states that this part of the bill can be called the "Fentanyl Eradication and Narcotics Deterrence Off Fentanyl" or the "FEND Off Fentanyl Act".
3002. Sense of Congress Read Opens in new tab
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Congress believes that the widespread availability of fentanyl is a major cause of overdose deaths and national security threats in the United States, mostly due to criminal organizations from Mexico using chemicals from China. It suggests the government should strengthen coordination across agencies to target these organizations and prioritize fighting fentanyl as a top security concern.
3003. Definitions Read Opens in new tab
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The section provides definitions for terms used in the bill. It specifies the committees considered as "appropriate congressional committees", explains who is considered a "foreign person", clarifies the meaning of "knowingly" and "trafficking", defines "transnational criminal organization" and lists specific cartels under this term, and lastly, it describes who is a "United States person".
3101. Finding; policy Read Opens in new tab
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Congress has declared that international trafficking of fentanyl and similar opioids is a major threat to the nation's security and economy, and it is considered a national emergency. The United States policy will involve using economic sanctions against those involved in such trafficking to protect its national interests.
3102. Use of national emergency authorities; reporting Read Opens in new tab
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The President has the power to use certain emergency authorities to tackle issues related to fentanyl trafficking and illicit drug trade. A report on these efforts, including new regulations, sanctions, and licenses, must be submitted to Congress within 180 days and every year after, with some parts possibly kept classified.
3103. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations Read Opens in new tab
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The section mandates that the President must impose certain sanctions on any foreign person involved in significant trafficking of fentanyl or related opioids, especially those linked to transnational criminal organizations. These sanctions include blocking property transactions within the U.S., and a report on these actions must be submitted to Congress every year.
3104. Penalties; waivers; exceptions Read Opens in new tab
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The section outlines penalties for violating regulations, allows for waivers in the national security interest, and lists exceptions, including intelligence activities, international obligations, law enforcement needs, and humanitarian efforts, where sanctions may not apply.
3105. Treatment of forfeited property of transnational criminal organizations Read Opens in new tab
Summary AI
The section explains that property forfeited from individuals associated with transnational criminal organizations will be transferred to specific U.S. government funds for forfeited assets. It also requires the President to report on these transfers every 180 days and clarifies that it does not change the rules for dealing with blocked assets related to terrorism under the Terrorism Risk Insurance Act of 2002.
3111. Ten-year statute of limitations for violations of sanctions Read Opens in new tab
Summary AI
The section establishes a ten-year time limit for starting legal actions related to violations under the International Emergency Economic Powers Act and the Trading with the Enemy Act. It specifies that any enforcement action or prosecution for such violations must begin within ten years from the date of the last violation.
3112. Classified report and briefing on staffing of office of foreign assets control Read Opens in new tab
Summary AI
The Director of the Office of Foreign Assets Control must give a classified report and a briefing to certain congressional committees within 180 days after this law is enacted. This report will detail how the office is staffed, breaking down the employees working on each sanctions program and issue related to different countries.
3113. Report on drug transportation routes and use of vessels with mislabeled cargo Read Opens in new tab
Summary AI
The section requires the Secretary of the Treasury, along with other federal agencies, to deliver a secret report to Congress within 180 days detailing efforts to monitor drug transportation routes. This report will also examine the use of mislabeled cargo and the tracking of chemicals that could be used to make drugs.
3114. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain Read Opens in new tab
Summary AI
The section requires the Secretary of the Treasury, along with other federal agencies, to deliver a classified report and briefing to congressional committees within 180 days of the Act's enactment. This report should detail the actions taken by China regarding people involved in the fentanyl supply chain, including the shipment of fentanyl and its components.
3201. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern Read Opens in new tab
Summary AI
The section amends the Fentanyl Sanctions Act to allow the Secretary of the Treasury to identify certain financial transactions connected to illicit opioid trafficking as a money laundering concern. It gives the Secretary the power to impose special measures on domestic financial institutions and permits the use of classified information in court, while also detailing the penalties and potential for injunctions related to violations of these measures.
7213A. Designation of transactions of sanctioned persons as of primary money laundering concern Read Opens in new tab
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The section allows the Secretary of the Treasury to label certain foreign financial activities as significant money laundering concerns related to opioid trafficking. This empowers them to make U.S. financial institutions follow special rules, block or restrict fund transfers involving these activities, and enforce penalties or seek court injunctions for non-compliance.
3202. Treatment of transnational criminal organizations in suspicious transactions reports of the financial crimes enforcement network Read Opens in new tab
Summary AI
The section requires the Financial Crimes Enforcement Network to provide guidelines to U.S. financial institutions for reporting suspicious activities linked to fentanyl trafficking by international criminal organizations. It also mandates prioritizing the investigation of such reports that are related to fentanyl trafficking or connected to these criminal groups.
3203. Report on trade-based money laundering in trade with Mexico, the People’s Republic of China, and Burma Read Opens in new tab
Summary AI
The law requires the Secretary of the Treasury to include a report on trade-based money laundering involving Mexico, China, and Burma in the next update to the national strategy against terrorism financing. The "national strategy for combating the financing of terrorism" is defined by another law called the Countering America’s Adversaries Through Sanctions Act, with some amendments.
3301. Exception relating to importation of goods Read Opens in new tab
Summary AI
In this section, the law states that while transactions involving property and property interests can be blocked, this does not mean sanctions will be imposed on importing goods. It also clarifies that "goods" include all types of articles and materials, except for technical data.
3401. Budgetary effects Read Opens in new tab
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The section explains that the financial impacts of this part of the bill will not be counted on specific government budget tracking frameworks, such as the PAYGO scorecards and others detailed in U.S. budgetary guidelines.