Ukraine Supplemental Appropriations Act, 2022
Bill: S.3811 | Sponsor: Sen. Scott, Rick (R-FL)
Policy area: International Affairs

Summary:
Ukraine Supplemental Appropriations Act, 2022
This bill provides FY2022 supplemental appropriations for various activities related to Ukraine, including funding for the Department of Energy to respond to the situation in Ukraine, assistance for refugees from Ukraine, and assistance to Ukraine through the Foreign Military Financing Program.

Making supplemental appropriations for assistance and activities 
              related to Ukraine, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ukraine Supplemental Appropriations 
Act, 2022''.

SEC. 2. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2022.

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     food for peace title ii grants

    For an additional amount for ``Food for Peace Title II Grants'', 
$100,000,000, to remain available until expended.

                                TITLE II

                         DEPARTMENT OF COMMERCE

                    Bureau of Industry and Security

                     operations and administration

    For an additional amount for ``Operations and Administration'', 
$22,100,000, to remain available until September 30, 2024, to respond 
to the situation in Ukraine and for related expenses:  Provided, That 
the Bureau of Industry and Security shall submit a spending plan to the 
Committees on Appropriations of the House of Representatives and the 
Senate within 45 days after the date of enactment of this Act:  
Provided further, That amounts provided under this heading in this Act 
may not be used to increase the number of permanent positions:  
Provided further, That amounts made available under this heading in 
this Act may be used to appoint such temporary personnel as may be 
necessary without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service:  Provided 
further, That the Secretary of Commerce is authorized to appoint such 
temporary personnel, after serving continuously for one year, to 
positions in the Bureau of Industry and Security in the same manner 
that competitive service employees with competitive status are 
considered for transfer, reassignment, or promotion to such positions 
and an individual appointed under this provision shall become a career-
conditional employee, unless the employee has already completed the 
service requirements for career tenure.

                         DEPARTMENT OF JUSTICE

                            Legal Activities

            salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'', $9,700,000, to remain available until September 30, 2023, 
to respond to the situation in Ukraine and for related expenses:  
Provided, That amounts provided under this heading in this Act may not 
be used to increase the number of permanent positions.

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $5,000,000, to remain available until September 30, 2023, 
to respond to the situation in Ukraine and for related expenses:  
Provided, That amounts provided under this heading in this Act may not 
be used to increase the number of permanent positions.

                       National Security Division

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,100,000, 
to remain available until September 30, 2023, to respond to the 
situation in Ukraine and for related expenses:  Provided, That amounts 
provided under this heading in this Act may not be used to increase the 
number of permanent positions.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$43,600,000, to remain available until September 30, 2023, to respond 
to the situation in Ukraine and for related expenses.

                               TITLE III

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$130,377,000, to remain available until September 30, 2022, to respond 
to the situation in Ukraine and for related expenses.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$11,645,000, to remain available until September 30, 2022, to respond 
to the situation in Ukraine and for related expenses.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$3,079,000, to remain available until September 30, 2022, to respond to 
the situation in Ukraine and for related expenses.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$50,396,000, to remain available until September 30, 2022, to respond 
to the situation in Ukraine and for related expenses.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$1,113,234,000, to remain available until September 30, 2022, to 
respond to the situation in Ukraine and for related expenses.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$202,797,000, to remain available until September 30, 2022, to respond 
to the situation in Ukraine and for related expenses.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $21,440,000, to remain available until September 30, 2022, to 
respond to the situation in Ukraine and for related expenses.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $415,442,000, to remain available until September 30, 2022, to 
respond to the situation in Ukraine and for related expenses.

                 Operation and Maintenance, Space Force

    For an additional amount for ``Operation and Maintenance, Space 
Force'', $800,000, to remain available until September 30, 2022, to 
respond to the situation in Ukraine and for related expenses.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $311,583,000, to remain available until September 30, 2022, to 
respond to the situation in Ukraine and for related expenses.

                              PROCUREMENT

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$213,693,000, to remain available until September 30, 2024, to respond 
to the situation in Ukraine and for related expenses.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$14,259,000, to remain available until September 30, 2024, to respond 
to the situation in Ukraine and for related expenses.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $31,100,000, to remain available until September 
30, 2023, to respond to the situation in Ukraine and for related 
expenses.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $47,500,000, to remain available until 
September 30, 2023, to respond to the situation in Ukraine and for 
related expenses.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $51,745,000, to remain available until 
September 30, 2023, to respond to the situation in Ukraine and for 
related expenses.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$409,000,000, to remain available until September 30, 2022, to respond 
to the situation in Ukraine and for related expenses.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfer of funds)

    Sec. 301.  In addition to amounts provided elsewhere in this title, 
there is appropriated $3,500,000,000, for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to remain available until 
September 30, 2023, which may be transferred to accounts under the 
headings ``Operation and Maintenance'' and ``Procurement'', for 
replacement 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:  Provided, That the Secretary of Defense shall 
notify the congressional defense committees of the details of such 
transfers not less than 30 days before any such transfer:  Provided 
further, That the funds transferred pursuant to this section 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 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 the transfer 
authority provided in this section is in addition to any other transfer 
authority provided by law.
    Sec. 302.  The Inspector General of the Department of Defense shall 
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 shall provide to the 
congressional defense committees a written report not later than 120 
days after the date of enactment of this Act.

                                TITLE IV

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                      Departmental Administration

                     (including transfer of funds)

    For an additional amount for ``Departmental Administration'', 
$30,000,000, to remain available until expended, to respond to the 
situation in Ukraine and for related expenses:  Provided, That funds 
appropriated under this heading in this Act may be transferred to, and 
merged with, other appropriation accounts of the Department of Energy, 
to respond to the situation in Ukraine and for related expenses:  
Provided further, That upon a determination that all or part of the 
funds transferred pursuant to the authority provided under this heading 
are not necessary for such purposes, such amounts may be transferred 
back to this appropriation.

                                TITLE V

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$17,000,000, to remain available until September 30, 2023, to respond 
to the situation in Ukraine and for related expenses.

             office of terrorism and financial intelligence

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$25,000,000, to remain available until September 30, 2023, to respond 
to the situation in Ukraine and for related expenses.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$19,000,000, to remain available until September 30, 2023, to respond 
to the situation in Ukraine and for related expenses.

                                TITLE VI

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                          diplomatic programs

                     (including transfers of funds)

    For an additional amount for ``Diplomatic Programs'', $125,000,000, 
to remain available until September 30, 2024, to respond to the 
situation in Ukraine and in countries impacted by the situation in 
Ukraine:  Provided, That up to $15,000,000 may be transferred to, and 
merged with, funds available under the heading ``Emergencies in the 
Diplomatic and Consular Service'':  Provided further, That up to 
$50,000,000 may be transferred to, and merged with, funds available 
under the heading ``Capital Investment Fund'' for cybersecurity and 
related information technology investments:  Provided further, That 
funds appropriated under this heading in this Act shall be made 
available, as appropriate, to enhance the capacity of the Department of 
State to identify the assets of Russian and other oligarchs related to 
the situation in Ukraine, and to coordinate with the Department of the 
Treasury in seizing or freezing such assets.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$4,000,000, to remain available until September 30, 2024.

                             RELATED AGENCY

                 United States Agency for Global Media

                 international broadcasting operations

    For an additional amount for ``International Broadcasting 
Operations'', $25,000,000, to remain available until September 30, 
2024, to respond to the situation in Ukraine and in countries impacted 
by the situation in Ukraine, including to enhance the capacity of Radio 
Free Europe/Radio Liberty, Voice of America, and other United States 
broadcasting entities and independent grantee organizations.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $25,000,000, 
to remain available until September 30, 2024, to respond to the 
situation in Ukraine and in countries impacted by the situation in 
Ukraine.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$4,000,000, to remain available until September 30, 2024.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$2,650,000,000, to remain available until expended, to respond to 
humanitarian needs in Ukraine and in countries impacted by the 
situation in Ukraine, including the provision of emergency food and 
shelter, and for assistance for other vulnerable populations and 
communities.

                         transition initiatives

    For an additional amount for ``Transition Initiatives'', 
$120,000,000, to remain available until expended, for assistance for 
Ukraine and countries impacted by the situation in Ukraine.

                         economic support fund

                     (including transfers of funds)

    For an additional amount for ``Economic Support Fund'', 
$647,000,000, to remain available until September 30, 2024, for 
assistance for Ukraine and countries impacted by the situation in 
Ukraine, including direct financial support:  Provided, That funds 
appropriated under this heading in this Act may be made available 
notwithstanding any other provision of law that restricts assistance to 
foreign countries.

            assistance for europe, eurasia and central asia

    For an additional amount for ``Assistance for Europe, Eurasia and 
Central Asia'', $1,120,000,000, to remain available until September 30, 
2024, 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)).

                          Department of State

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$1,400,000,000, to remain available until expended, to assist refugees 
from Ukraine and for additional support for other vulnerable 
populations and communities.

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $30,000,000, to remain available until September 30, 
2024, for assistance for Ukraine and countries impacted by the 
situation in Ukraine.

                  Funds Appropriated to the President

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing 
Program'', $650,000,000, to remain available until September 30, 2024, 
for assistance for Ukraine and countries impacted by the situation in 
Ukraine.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfers of funds)

    Sec. 601.  During fiscal year 2022, section 506(a)(1) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied 
by substituting ``$3,000,000,000'' for ``$100,000,000''.
    Sec. 602.  During fiscal year 2022, section 614(a)(4)(A)(ii) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2364) shall be applied by 
substituting ``$500,000,000'' for ``$250,000,000'' and section 
614(a)(4)(C) shall be applied by substituting ``$100,000,000'' for 
``$50,000,000'', by substituting ``$500,000,000'' for ``$250,000,000'', 
by substituting ``$750,000,000'' for ``$500,000,000'', and by 
substituting ``$1,250,000,000'' for ``$1,000,000,000''.
    Sec. 603.  During fiscal year 2022, the President may transfer 
excess defense articles to Ukraine and to allies and partners in Europe 
pursuant to section 516 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321j) without regard to the notification requirement in section 
516(f)(1) of such Act and the monetary limitation in section 516(g) of 
such Act:  Provided, That not later than 30 days after such a transfer 
has occurred, the President shall report to the appropriate 
congressional committees on the items transferred, pursuant to the 
specifications in section 516(f) of such Act.
    Sec. 604. (a) Funds appropriated by this title under the headings 
``International Disaster Assistance'' and ``Migration and Refugee 
Assistance'' may be transferred to, and merged with, funds appropriated 
by this title under such headings to respond to humanitarian needs in 
Ukraine and in countries impacted by the situation in Ukraine and for 
other assistance for vulnerable populations and communities.
    (b) Funds appropriated by this title under the headings 
``Transition Initiatives'', ``Economic Support Fund'', ``Assistance for 
Europe, Eurasia and Central Asia'', and ``International Narcotics 
Control and Law Enforcement'' may be transferred to, and merged with, 
funds available under such headings and with funds available under the 
headings ``Complex Crises Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' for assistance for Ukraine 
and countries impacted by the situation in Ukraine and to respond to 
humanitarian needs.
    (c) Funds appropriated by this title under the heading ``Economic 
Support Fund'' may be transferred to, and merged with, funds available 
under the heading ``Diplomatic Programs'' for activities related to 
public engagement, messaging, and countering disinformation.
    (d) The transfer authorities provided by this title are in addition 
to any other transfer authority provided by law.
    (e) The exercise of the transfer authorities provided by this title 
shall be subject to prior consultation with the Committees on 
Appropriations.
    (f) Upon a determination that all or part of the funds transferred 
pursuant to the authorities provided under this title are not necessary 
for such purposes, such amounts may be transferred back to such 
appropriations.
    Sec. 605.  Funds appropriated by this title under the headings 
``Diplomatic Programs'', ``International Broadcasting Operations'', 
``Operating Expenses'', ``International Disaster Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``Assistance for 
Europe, Eurasia and Central Asia'', ``Migration and Refugee 
Assistance'', ``International Narcotics Control and Law Enforcement'' 
and ``Foreign Military Financing Program'' may be used to reimburse 
accounts administered by the Department of State, United States Agency 
for Global Media, and the United States Agency for International 
Development for obligations incurred related to the situation in 
Ukraine and in countries impacted by the situation in Ukraine under 
such headings prior to the date of enactment of this Act.
    Sec. 606. (a) During fiscal year 2022, direct loans under section 
23 of the Arms Export Control Act may be made available for Ukraine and 
North Atlantic Treaty Organization (NATO) allies, notwithstanding 
section 23(c)(1) of the Arms Export Control Act, gross obligations for 
the principal amounts of which shall not exceed $4,000,000,000:  
Provided, That funds made available under the heading ``Foreign 
Military Financing Program'' in this title and unobligated balances of 
funds made available under such heading in prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs may be made available for the costs, as defined in 
section 502 of the Congressional Budget Act of 1974, of such loans:  
Provided further, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974 and may include the costs of selling, reducing, or 
cancelling any amounts owed to the United States or any agency of the 
United States:  Provided further, That the Government of the United 
States may charge fees for such loans, which shall be collected from 
borrowers in accordance with section 502(7) of the Congressional Budget 
Act of 1974:  Provided further, That no funds made available by this or 
any other appropriations Act for this fiscal year or prior fiscal years 
may be used for payment of any fees associated with such loans:  
Provided further, That such loans shall be repaid in not more than 12 
years, including a grace period of up to one year on repayment of 
principal:  Provided further, That notwithstanding section 23(c)(1) of 
the Arms Export Control Act, interest for such loans may be charged at 
a rate determined by the Secretary of State, except that such rate may 
not be less than the prevailing interest rate on marketable Treasury 
securities of similar maturity:  Provided further, That amounts made 
available under this subsection for such costs shall not be considered 
assistance for the purposes of provisions of law limiting assistance to 
a country.
    (b) Funds made available under the heading ``Foreign Military 
Financing Program'' in this title and unobligated balances of funds 
made available under such heading in prior Acts making appropriations 
for the Department of State, foreign operations, and related programs 
may be made available, notwithstanding the third proviso under such 
heading, for the costs of loan guarantees under section 24 of the Arms 
Export Control Act for Ukraine and NATO allies, which are authorized to 
be provided:  Provided, That such funds are available to subsidize 
gross obligations for the principal amount of commercial loans, and 
total loan principal, any part of which is to be guaranteed, not to 
exceed $4,000,000,000:  Provided further, That no loan guarantee with 
respect to any one borrower may exceed 80 percent of the loan 
principal:  Provided further, That any loan guaranteed under this 
subsection may not be subordinated to another debt contracted by the 
borrower or to any other claims against the borrower in the case of 
default:  Provided further, That repayment in United States dollars of 
any loan guaranteed under this subsection shall be required within a 
period not to exceed 12 years after the loan agreement is signed:  
Provided further, That the Government of the United States may charge 
fees for such loan guarantees, as may be determined, notwithstanding 
section 24 of the Arms Export Control Act, which shall be collected 
from borrowers or third parties on behalf of such borrowers in 
accordance with section 502(7) of the Congressional Budget Act of 1974: 
 Provided further, That amounts made available under this subsection 
for the costs of such guarantees shall not be considered assistance for 
the purposes of provisions of law limiting assistance to a country.
    (c) Funds made available pursuant to the authorities of this 
section shall be subject to prior consultation with the appropriate 
congressional committees, and the regular notification procedures of 
the Committees on Appropriations.
    Sec. 607.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of State and Administrator of the United States 
Agency for International Development shall jointly submit a report to 
the Committees on Appropriations on the proposed uses of funds 
appropriated by this title:  Provided, That the United States Agency 
for Global Media Chief Executive Officer shall submit a separate report 
not later than 30 days after the date of enactment of this Act for 
funds appropriated under the heading ``International Broadcasting 
Operations'':  Provided further, That such reports shall be updated and 
submitted to the Committees on Appropriations every 60 days thereafter 
until September 30, 2024, and every 120 days thereafter until all funds 
have been expended.

                               TITLE VII

                      GENERAL PROVISIONS--THIS ACT

    Sec. 701.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 702.  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. 703.  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 2022.
    Sec. 704. (a) Not later than 90 days after the date of enactment of 
this Act, the Secretary of State and the Secretary of Defense shall 
submit to the appropriate congressional committees and congressional 
Leadership a report that includes the following:
            (1) a description of United States Government assistance 
        provided to the security forces of the Government of Ukraine 
        for the purpose of supporting the Ukrainian people as they 
        defend their territorial integrity and sovereignty, and to 
        counter ongoing Russian aggression, including:
                    (A) an assessment of Ukrainian security 
                requirements and capabilities gaps the assistance seeks 
                to fill; and
                    (B) formal requests from the Government of Ukraine 
                for specific defense articles and services as of the 
                date of enactment;
            (2) a description, to the extent practicable, of other 
        assistance, including lethal assistance, Ukraine has received 
        since December 1, 2021, from foreign governments;
            (3) a description of United States Government diplomatic 
        efforts to end Russia's aggression against Ukraine and to 
        restore Ukraine's sovereignty;
            (4) a detailed description of United States Government 
        policies aimed at supporting North Atlantic Treaty Organization 
        (NATO) allies and other European partners threatened by the 
        Government of the Russian Federation and its proxies and 
        increased strain from the humanitarian crisis; and
            (5) a plan to replenish stocks of U.S. origin defense 
        articles transferred by NATO or its member States to Ukraine.
    (b) The report required by subsection (a) shall be submitted in 
unclassified form but may contain a classified annex, if necessary.
    (c) Every 90 days after the release of the first report to the 
appropriate congressional committees, the Secretary of State and the 
Secretary of Defense shall submit to the appropriate congressional 
committees and congressional Leadership a report that includes:
            (1) a detailed description of defense articles transferred 
        or scheduled to be transferred by the United States to the 
        Government of Ukraine; and
            (2) a detailed description of U.S. origin defense articles 
        transferred by NATO or its member States under U.S. 
        authorization to the Government of Ukraine during the reporting 
        period.
    (d) For purposes of this section, the term ``appropriate 
congressional committees'' means the House Committees on Foreign 
Affairs, Armed Services, and Appropriations and the Senate Committees 
on Foreign Relations, Armed Services, and Appropriations.
    Sec. 705.  Each amount provided by this division is designated by 
the Congress as being for an emergency requirement pursuant to section 
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022.
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