H.R. 7691 Text - Engrossed in House - 117th Congress (2021-2022)

Making emergency supplemental appropriations for assistance for the situation in Ukraine for the fiscal year ending September 30, 2022, and for other purposes.

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

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely:

For an additional amount for “Salaries and Expenses”, $67,000,000, to remain available until expended, for expenses authorized by section 524(c) of title 28, United States Code, 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: Provided further, That amounts provided under this heading in this Act may be transferred to, and merged with, other appropriation accounts of the Department of Justice, to respond to the situation in Ukraine and for related expenses: Provided further, That amounts provided under this heading in this Act may be used to investigate, seize, detain, forfeit, inventory, safeguard, maintain, advertise, sell, or dispose of any property, real or personal, tangible or intangible, related to Russian aggression, including Russian aggression toward Ukraine, or for any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property: Provided further, That the authorities included in the preceding proviso are in addition to any other authority provided by law.

For an additional amount for “Military Personnel, Army”, $12,750,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.

For an additional amount for “Military Personnel, Navy”, $37,500, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.

For an additional amount for “Military Personnel, Marine Corps”, $675,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.

For an additional amount for “Military Personnel, Air Force”, $1,590,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.

For an additional amount for “Operation and Maintenance, Army”, $1,493,532,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Operation and Maintenance, Navy”, $939,779,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Operation and Maintenance, Air Force”, $195,262,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses.

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.

For an additional amount for “Operation and Maintenance, Defense-Wide”, $15,256,824,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses: Provided, That of the total amount provided under this heading in this Act, $6,000,000,000, to remain available until September 30, 2023, shall be for the Ukraine Security Assistance Initiative: Provided further, That such funds for the Ukraine Security Assistance Initiative shall be available to the Secretary of Defense under the same terms and conditions as are provided for in section 8139 of the Department of Defense Appropriations Act, 2022 (division C of Public Law 117–103): Provided further, That of the total amount provided under this heading in this Act, up to $9,050,000,000, to remain available until September 30, 2023, 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 or to foreign countries that have provided support to Ukraine at the request of the United States: Provided further, That funds transferred pursuant to the preceding proviso shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 15 days before any such transfer: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back and merged with this appropriation: Provided further, That the transfer authority provided herein is in addition to any other transfer authority provided by law.

For an additional amount for “Missile Procurement, Army”, $350,970,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Procurement of Weapons and Tracked Combat Vehicles, Army”, $255,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Procurement of Ammunition, Army”, $45,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Other Procurement, Army”, $113,440,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Other Procurement, Navy”, $1,250,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Aircraft Procurement, Air Force”, $28,500,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Other Procurement, Air Force”, $155,382,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Procurement, Defense-Wide”, $24,218,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Defense Production Act Purchases”, $600,000,000, to remain available until expended, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Research, Development, Test and Evaluation, Army”, $128,700,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Research, Development, Test and Evaluation, Navy”, $43,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Research, Development, Test and Evaluation, Air Force”, $119,815,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Research, Development, Test and Evaluation, Defense-Wide”, $72,103,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Defense Working Capital Funds”, $965,000, to remain available until September 30, 2022, to respond to the situation in Ukraine and for related expenses.

For an additional amount for “Defense Health Program”, $13,900,000, to remain available until September 30, 2022, which shall be for operation and maintenance to respond to the situation in Ukraine and for related expenses.

Sec. 201. In addition to any other funds made available for such purposes, $500,000,000 is hereby appropriated for an additional amount for the Department of Defense and made available for transfer to “Missile Procurement, Army”, “Procurement of Ammunition, Navy and Marine Corps”, “Weapons Procurement, Navy”, “Missile Procurement, Air Force”, and “Procurement of Ammunition, Air Force”, only for the procurement of critical munitions to increase stocks of the Department of Defense: Provided, That none of the funds provided under this section in this Act may be obligated or expended until 60 days after the Secretary of Defense provides to the congressional defense committees an execution plan: Provided further, That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That upon transfer, the funds shall be merged with and be available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided under this section is in addition to any other transfer authority provided by law.

Sec. 202. In addition to any other funds made available for such purposes, $50,000,000 is hereby appropriated for an additional amount for the Department of Defense and made available for transfer to “Research, Development, Test and Evaluation, Defense-Wide”, only to develop program protection strategies for Department of Defense systems identified for possible future export, to design and incorporate exportability features into such systems during the research and development phases of such systems, and to integrate design features that enhance interoperability of such systems with those of friendly foreign countries: Provided, That none of the funds provided under this section in this Act may be obligated or expended until 60 days after the Secretary of Defense provides to the congressional defense committees an execution plan: Provided further, That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That upon transfer, the funds shall be merged with and be available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided under this section is in addition to any other transfer authority provided by law.

Sec. 203. During fiscal year 2022, section 331(g)(1) of title 10, United States Code, shall be applied by substituting “$950,000,000” for “$450,000,000”.

Sec. 204. 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 title, 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.

Sec. 205. Not later than 45 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit a report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate on measures being taken to account for United States defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine, particularly measures with regard to such articles that require enhanced end-use monitoring; measures to ensure that such articles reach their intended recipients and are used for their intended purposes; and any other measures to promote accountability for the use of such articles.

Sec. 206. Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2023, the Secretary of Defense, in coordination with the Secretary of State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate describing United States security assistance provided to Ukraine since the February 24, 2022, Russian invasion of Ukraine, including a comprehensive list of the defense articles and services provided to Ukraine and the associated authority and funding used to provide such articles and services: Provided, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex.

For an additional amount for “Salaries and Expenses”, $2,000,000, to remain available until expended, to provide regulatory and technical support related to the situation in Ukraine: Provided, That, notwithstanding section 102 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215), such amount shall not be derived from fee revenue.

For an additional amount for “CDC-Wide Activities and Program Support”, $54,000,000, to remain available until September 30, 2023, for carrying out public health and disease detection activities related to the situation in Ukraine, and for medical support, screening, and other public health activities related to populations displaced from Ukraine, both domestically and internationally.

For an additional amount for “Refugee and Entrant Assistance”, $900,000,000, to remain available until September 30, 2023, for carrying out refugee and entrant assistance activities in support of citizens or nationals of Ukraine, or a person who last habitually resided in Ukraine, for whom such refugee and entrant assistance activities are authorized: Provided, That amounts made available under this heading in this Act may be used for grants or contracts with qualified organizations, including nonprofit entities, to provide culturally and linguistically appropriate services, including wrap-around services, housing assistance, medical assistance, legal assistance, and case management assistance: Provided further, That amounts made available under this heading in this Act may be used by the Director of the Office of Refugee Resettlement (Director) to issue awards or supplement awards previously made by the Director: Provided further, That the Director, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)(A)) with amounts made available under this heading in this Act, may allocate such amounts among the States in a manner that accounts for the most current data available.

Sec. 401. (a) In General.—Notwithstanding any other provision of law, a citizen or national of Ukraine (or a person who last habitually resided in Ukraine) shall be eligible for the benefits described in subsection (b) if—

(1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently—

(A) paroled into the United States between February 24, 2022 and September 30, 2023; or

(B) paroled into the United States after September 30, 2023 and—

(i) is the spouse or child of an individual described in subparagraph (A); or

(ii) is the parent, legal guardian, or primary caregiver of an individual described in subparagraph (A) who is determined to be an unaccompanied child under section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) or section 412(d)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)(B)); and

(2) such individual’s parole has not been terminated by the Secretary of Homeland Security.

(b) Benefits.—An individual described in subsection (a) shall be eligible for—

(1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) to the same extent as such refugees, but shall not be eligible for the program of initial resettlement authorized by section 412(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(b)(1)); and

(2) services described under section 412(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien child as defined under section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)).

(1) Nothing in this section shall be interpreted to:

(A) preclude an individual described in subsection (a) from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or

(B) entitle a person described in subsection (a) to lawful permanent resident status.

(2) Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) shall not apply with respect to determining the eligibility and the amount of benefits made available pursuant to subsection (b).

(d) Non-Application of the Paperwork Reduction Act.—Chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act of 1995), shall not apply to any action taken to implement this section that involves translating a currently approved collection of information into a new language.

For an additional amount for “Diplomatic Programs”, $190,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.

For an additional amount for “Capital Investment Fund”, $10,000,000, to remain available until expended, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.

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

For an additional amount for “Embassy Security, Construction, and Maintenance”, $110,000,000, to remain available until expended, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.

For an additional amount for “Operating Expenses”, $17,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.

For an additional amount for “Office of Inspector General”, $1,000,000, to remain available until September 30, 2024.

For an additional amount for “International Disaster Assistance”, $4,348,000,000, 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, including through local and international nongovernmental organizations.

For an additional amount for “Economic Support Fund”, $8,766,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine, including for programs to combat human trafficking, of which up to $760,000,000 may be made available to prevent and respond to food insecurity: 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 and may be made available as contributions.

For an additional amount for “Migration and Refugee Assistance”, $350,000,000, to remain available until expended, to address humanitarian needs in, and to assist refugees from, Ukraine, and for additional support for countries in the Eastern European region impacted by the situation in Ukraine.

For an additional amount for “International Narcotics Control and Law Enforcement”, $400,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine, including for programs to combat human trafficking and to document and collect evidence of war crimes and crimes against humanity committed by the Government of the Russian Federation in Ukraine.

For an additional amount for “Nonproliferation, Anti-terrorism, Demining and Related Programs”, $100,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine.

For an additional amount for “Foreign Military Financing Program”, $4,000,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine.

For payment by the Secretary of the Treasury to the European Bank for Reconstruction and Development and its trust funds and facilities, $500,000,000, to remain available until expended, for assistance and related programs for Ukraine and countries impacted by the situation in Ukraine: Provided, That such amount shall be subject to the same authorities and conditions as if such amount was made available by title V of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103).

For an additional payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $150,000,000, to remain available until expended.

Sec. 501. 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 “$11,000,000,000” for “$100,000,000”.

Sec. 502. During fiscal year 2022, section 614 of the Foreign Assistance Act of 1961 (22 U.S.C. 2364) shall be applied—

(1) in subsection (a)(4)(A)(ii), by substituting “$1,000,000,000” for “$250,000,000”; and

(2) in subsection (a)(4)(C), by substituting “$200,000,000” for “$50,000,000”, “$1,000,000,000” for “$250,000,000”, “$1,000,000,000” for “$500,000,000”, and “$1,750,000,000” for “$1,000,000,000”.

Sec. 503. During fiscal year 2022, section 552(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)) shall be applied by substituting “$100,000,000” for “$25,000,000”.

Sec. 504. (a) Section 2606(a) of the Ukraine Supplemental Appropriations Act, 2022 (division N of Public Law 117–103) is amended by striking “fiscal year 2022” and inserting “fiscal years 2022 through 2024”: Provided, That funds made available under the heading “Foreign Military Financing Program” in this title shall be available for loans under such section.

(b) During fiscal years 2022 and 2023, funds made available under the heading “Foreign Military Financing Program” in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be utilized by Ukraine for the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided, That such procurements shall be subject to the applicable notification requirements of section 38 of the Arms Export Control Act (22 U.S.C. 2778).

Sec. 505. (a) Funds appropriated by this title under the headings “Diplomatic Programs”, “Capital Investment Fund”, “Embassy Security, Construction, and Maintenance”, and “Operating Expenses” may be transferred to, and merged with, funds available under such headings and with funds available under the heading “Educational and Cultural Exchange Programs” to respond to the situation in Ukraine and countries impacted by the situation in Ukraine.

(b) 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.

(c) Funds appropriated by this title under the heading “Economic Support Fund” may be transferred to, and merged with, funds available under the heading “Assistance for Europe, Eurasia and Central Asia” 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)) and under the headings “Transition Initiatives” and “Complex Crises Fund” to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.

(d) Funds appropriated by this title under the headings “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program” may be transferred to, and merged with, funds appropriated by this title under such headings to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.

(e) The transfer authorities provided by this title are in addition to any other transfer authority provided by law.

(f) The exercise of the transfer authorities provided by this title shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

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

Sec. 506. 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, with the exception of funds appropriated under the heading “Multilateral Assistance”: Provided, That the Secretary of the Treasury shall submit a separate report, not later than 30 days after the date of enactment of this Act, for funds appropriated under the heading “Multilateral Assistance”: 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.

Sec. 507. (a) Funds made available by this title under the heading “Economic Support Fund” may be made available for direct financial support for the Government of Ukraine, and such funds shall be matched, to the maximum extent practicable, by sources other than the United States Government.

(b) Funds made available to the Government of Ukraine as a cash transfer under subsection (a) shall be subject to a memorandum of understanding that describes how the funds proposed to be made available will be used and includes appropriate safeguards for transparency and accountability: Provided, That such assistance shall be maintained in a separate, auditable account and may not be comingled with any other funds.

(c) At least 15 days prior to the initial obligation of funds made available for the purposes of subsection (a), the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall submit to the appropriate congressional committees a report detailing procedures and processes to ensure such funds are used by the Government of Ukraine in the manner agreed to by such Government, including details on the memorandum of understanding and appropriate safeguards for transparency and accountability required by subsection (b), if applicable: Provided, That such report shall be updated every six months following the submission of the first report and shall be submitted until funds made available for such direct financial support are expended.

(d) The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall report to the appropriate congressional committees on the uses of any funds provided for direct financial support to the Government of Ukraine pursuant to subsection (a) and the results achieved, not later than 90 days after the date of enactment of this Act and every 90 days thereafter until September 30, 2025: Provided, That such report shall also include the metrics established to measure such results.

(e) Funds made available for the purposes of subsection (a) by this title shall be subject to the regular notification procedures of the Committees on Appropriations.

Sec. 601. There is hereby appropriated to the Secretary of Agriculture $20,000,000, to remain available until expended, to carry out the Bill Emerson Humanitarian Trust, as authorized by the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1).

Sec. 602. In addition to the amounts otherwise available to the Department of the Treasury, $52,000,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided, That funds appropriated in this section in this Act may be transferred to other appropriation accounts of the Department of the Treasury, to respond to the situation in Ukraine and for related expenses: Provided further, That such transfer authority is in addition to any other transfer authority provided by law.

Sec. 603. For payment to Anne Garland Walton, beneficiary of Don Young, late a Representative from the State of Alaska, $174,000.

Sec. 604. Funds appropriated by this Act for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).

Sec. 605. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

Sec. 606. 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. 607. 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. 608. Each amount provided by this Act 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.

This Act may be cited as the “Additional Ukraine Supplemental Appropriations Act, 2022”.