[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3811 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3811
Making supplemental appropriations for assistance and activities
related to Ukraine, and for other purposes.
_______________________________________________________________________
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.
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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