II 117th CONGRESS 2d Session S. 3811 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Scott of Florida (for himself, Ms. Lummis , Mr. Marshall , Mr. Daines , Mr. Cotton , Mr. Boozman , Mrs. Blackburn , Ms. Ernst , Mr. Grassley , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making supplemental appropriations for assistance and activities related to Ukraine, and for other purposes.

1. Short title This Act may be cited as the Ukraine Supplemental Appropriations Act, 2022 . 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. 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. 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. 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) 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. 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. 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. 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. 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) 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 . 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 . 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. 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. 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. 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. 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. VII GENERAL PROVISIONS—THIS ACT 701. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 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. 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. 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. 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.