Public Law 117-128 passed May 21, 2022

Additional Ukraine Supplemental Appropriations Act 2022

Title 1

Department of Justice

General Administration

Salaries and Expenses (including trader of funds)

Additional Salaries and Expenses-

  • $67 MILLION remains available until expended, authorized by section 524(c) title 28 United States Code to respond to Ukraine and related expenses.

  • The amounts may NOT be used to increase the number of permanent positions.

  • The amounts may be transferred, merged with other appropriation accounts of the Department of Justice in response to the Ukraine situation.

  • The amounts can 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 towards Ukraine.

  • The authorities included in the preceding proviso are in addition to any other authority provided by law.

Title 2

Department of Defense

Military Personnel-

To respond to the situation in Ukraine and for related expenses, including for hardship duty pay remain available until September 30, 2022.

ARMY $12.75 MILLION

NAVY $37,500

MARINE CORPS $675,000

AIR FORCE $1.59 MILLION

Operations and Maintenance-

To respond to the situation in Ukraine and for related expenses, including for hardship duty pay remain available until September 30, 2022.

ARMY $1,493,532,000

NAVY $939,779,000

AIR FORCE $195,262,000

SPACE FORCE $800,000

DEFENSE WIDE $15,256,824,000

    • $6 BILLION remain available until September 30, 2023 for Ukraine Security Assistance Initiative. These funds made available to the Secretary of Defense under the terms provided in section 8139 of the Defense Appropriations Act, 2022 (division C of Public Law 117-103). The total amount of $9.05 BILLION may be transferred to accounts headings “Operation and Maintenance” and “Procurement” for replacement of defense articles from the stocks and reimbursement for defense services of the Department of Defense, this also includes military eduction and training for the Government of Ukraine or other countries who support Ukraine. The funds will be available at the same time as the appropriations. The Secretary of Defense will notify the congressional defense committees the details 15 days before any transfer. Any funds NOT necessary for the purposes provided can be transferred back and merged with this appropriation. The transfer authority in addition to any other transfer authority provided by law.

Procurement-

To respond to the situation in Ukraine and for related expenses, funds remain available until September 30, 2024.

ARMY

Missile Procurement $350,970,000

Weapons and Tracked Combat Vehicles. $255,000

Ammunition $45,000

Other  $113,440,000

NAVY

Other $1,250,000

AIR FORCE

Aircraft  $28,500,000

Other  $155,382,000

DEFENSE WIDE

Procurement  $24,218,000

Defense Production Act Purchases $600 MILLION available until expended.

Research, Development, Test and Evaluation

To respond to the situation in Ukraine and for related expenses, funds remain available until September 30, 2023

ARMY $128,700,000

NAVY $43,000,000

AIR FORCE $119,815,000

DEFENSE-WIDE $72,103,000

Revolving and Management Funds

Defense Working Capital Funds $965,000 available until September 30, 2022.

Other Department of Defense Programs

Defense Health Program $13,900,000 available until September 30, 2022.

General Provisions (including transfers)

  • $500 MILLION appropriated for an additional amount for the Department of Defense and made available for transfer to increase stocks of the Department of Defense.

    • Missile Procurement, Army

    • Procurement of Ammunition, Navy and Marine Corps

    • Weapons Procurement, Navy

    • Missile Procurement, Air Force

    • Procurement of Ammunition, Air Force

  • NO funds may be obligated or expended until 60 days after the Secretary of Defense provides an execution plan to the congressional defense committees.

  • NO later than 30 days before the transfer of funds, the Secretary of Defense will notify the congressional defense committees of the details of the transfers.

  • $50 MILLION appropriated additional amount for the Department of Defense made available for transfer to

    • Research, Development, Test and Evaluation, Defense Wide

-to develop program protection strategies for Department of Defense systems for future export

-to design and incorporate exportability during the research and development phases

-to integrate design features that enhance interoperability with friendly foreign countries.

  • NO funds may be obligated or expended until 60 days after the Secretary of Defense provides an execution plan to the congressional defense committees.

  • NO later than 30 days before the transfer of funds, the Secretary of Defense will notify the congressional defense committees of the details of the transfers.

Fiscal Year 2022, section 331(g)(1) title 10 USC substitute $950 MILLION for $450 MILLION

  • Inspector General of the Department of Defense will carry out reviews of the activities of the Department to execute funds appropriated, including assistance to Ukraine.

  • 120 days after the enactment of this Act, the Inspector General will provide a written report to the congressional defense committees.

  • 45 days after the enactment of this Act, the Secretary of Defense will coordinate with the Secretary of State and submit a report to

    • Committees on Appropriations

    • Armed Services

    • Foreign Affairs of the House of the House of Representatives

    • Foreign Relations of the Senate

-to account for United States defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine, with regard to articles that,

    • Require enhanced end-use monitoring

    • Measures to ensure articles reach their recipients

    • Articles are used for their intended purpose

    • Any other measures to promote accountability for the use of articles.

  • 30 days after the enactment of this Act, and every 30 days thereafter through fiscal year 2023, the Secretary of Defense and the Secretary of State, will provide a report to-

    • Committees on Appropriations

    • Armed Services

    • Foreign Affairs of the House of Representatives

    • Foreign Relations of the Senate

  • describing United States security assistance provided to Ukraine, including comprehensive list of the defense articles and services provided and the associated authority and funding used.

  • The report submitted in UNCLASSIFIED form, but may be accompanied by a CLASSIFIED annex.

Title 3

Independent Agencies

Nuclear Regulatory Commission

Salaries and Expenses

  • $2 MILLION available until expended to provide regulatory and technical support related to situation in Ukraine.

  • Notwithstanding section 102 of the Nuclear Energy Innovation and Modernization Act (42 USC 2215), amount shall NOT be derived from fee revenue.

Title 4

Department of Health and Human Services

Centers for Disease Control and Prevention

CDC-Wide Activities and Program Support

  • $54 MILLION available until September 30, 2023 for public health and disease detection, and for medical support, screening and other public health related to populations displaced from Ukraine, both domestic and international.

Administration for Children and Families

Refugee and Entrant Assistance

  • $900 MILLION available until September 30, 2023 for refugee and entrant assistance in support of citizens or nationals of Ukraine or for a person who last habitually resided in Ukraine.

  • Amounts available for grants or contracts with qualified organizations, and nonprofit entities, to provide cultural and linguistic services, including wrap around services, housing assistance, medical, legal and case management.

  • Amounts available may be used by the Director of the Office of Refugee Resettlement to issue awards or supplement awards.

  • The Direction carry out section 412(c)(1)(A) of Immigration and Nationality Act (8 USC 1522(c)(1)(A)), may allocate amounts among the States based on the most current data.

General Provisions

  • A citizens or national of Ukraine or for a person who last habitually resided in Ukraine is eligible for benefits.

    • Individual completed security and law enforcement background checks satisfactory to the Secretary of Homeland Security.

      • Paroled into the United States between February 24, 2022 and September 30, 2023 or

      • Paroled into the United States after September 30, 2023 and is the spouse or child of the individual or is the parent, legal guardian or primary care giver of the individual who is determined to be an unaccompanied child under section 462(g)(2) of Homeland Security Act of 2002 (6 USC 279(g)(2)) or section 412(d)(2)(B) of Immigration and Nationality Act (8 USC 1522(d)(2)(B).

    • Individuals parole had NOT been terminated by the Secretary of Homeland Security

Benefits

  • Individuals are eligible for resettlement assistance, entitlement programs, and other benefits for refugees admitted under section 207 of the Immigration and Nationality Act (8 USC 1157).

  • Individuals are NOT eligible for initial resettlement authorized by section 412(b)(1) of the Immigration and Nationality Act (8 USC 1522(b)(1).

  • Services under section 412(d)(2) of Immigration and Nationality Act (8 USC 1522 (d)(2)), if the individual is an unaccompanied alien child defined under section 462(g)(2) of Homeland Security Act of 2002 (6 USC 279(g)(2).

Clarifications

  • NOTHING in this section shall be interpreted to-

    • Preclude an individual from applying for or receiving any immigration benefits to which such individual is otherwise eligible, or

    • Entitle a person to lawful permanent resident status.

  • Section 421(a) of Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) does NOT apply to determine eligibility and the amount of benefits made available to the pursuant.

Non-Application of the Paperwork Reduction Act

    • Chapter 35, Title 44, United States Code (Paperwork Reduction Act of 1995) does NOT apply to any action taken that involves translating a collection of information into a new language.

Title 5

Department of State and Related Agency

Department of State

Administration of Foreign Affairs

  • Diplomatic Programs

    • $190 MILLION available until September 30, 2024

  • Capital Investment Fund

    • $10 MILLION available until expended

  • Office of the Inspector General

    • $4 MILLION available until September 30, 2024

  • Embassy Security, Construction and Maintenance

    • $110 MILLION available until expended

United States Agency for International Development

Funds Appropriated to the President

  • Operating Expenses

    • $17 MILLION available until September 30, 2024

  • Office of Inspector General

    • $1 MILLION available until September 30, 2024

Bilateral Economic Assistance

Funds Appropriated to the President

International Disaster Assistance

  • $4,348,000,000 remains available until expended.

  • These funds include humanitarian needs in Ukraine and countries impacted by the Ukraine situation, including emergency food and shelter.

  • Assistance for other vulnerable populations and communities including local and international nongovernmental organizations.

Economic Support Fund

  • $8,766,000,000 available until September 30, 2024

  • Help combat human trafficking

  • $760,000,000 of these funds made available to prevent and respond to food insecurity.

  • Funds appropriated may be made available unless any other provision of law restricts assistance to foreign countries and may be made available as contributions.

Department of State

Migration and Refugee Assistance

  • $350 MILLION available until expended.

  • To address humanitarian needs in and to assist refugees from Ukraine and countries in Eastern Europe impacted by the situation in Ukraine.

International Security Assistance

Department of State

International Narcotics Control and Law Enforcement

  • $400 MILLION available until September 30, 2024

  • Including programs to combat human trafficking.

  • Document and collect evidence of war crimes and crimes against humanity committed by the Government of the Russian Federation in Ukraine.

Nonproliferation, Anti-Terrorism, Demining and Related Programs

  • $100 MILLION available until September 30, 2024

Funds Appropriated to the President

Foreign Military Financing Program

  • $4 BILLION available until September 30, 2024

Multilateral Assistance

International Financial Institutions

Contribution to the European Bank for Reconstruction and Development

  • Payment by the Secretary of the Treasury to the European Bank for Reconstruction and Development including its trust funds and facilities, $500 MILLION available until expended.

  • The amount is subject to the same authorities and conditions as made available by Title 5 of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2022 (division K of Public Law 117-103).

Global Agriculture and Food Security Program

  • $150 MILLION available until expended.

General Provisions

  • Fiscal year 2022, section 506(a)(1) of Foreign Assistance Act of 1961 (22 USC 2318(a)(1), applied by substituting “$11 BILLION” for “$100 MILLION”.

  • Fiscal year 2022, section 614 of Foreign Assistance Act of 1961 (22 USC 2364) applied in subsection (a)(4)(A)(ii) substituting “$1 BILLION” for “$250 MILLION”, and subsection (a)(4)(C) substituting “$200 MILLION” for “$50 MILLION”, “$1 BILLION” for “$250 MILLION”, “$1 BILLION” for “$500 MILLION”, and “$1.75 BILLION” for “$1 BILLION”.

  • Fiscal year 2022, section 552(c) Foreign Assistance Act of 1961 (22 USC 2348(c)) substituting “$100 MILLION” for “$25 MILLION”.

  • Section 2606(a) of Ukraine Supplemental Appropriations Act, 2022 (division N Public Law 117-103) striking “fiscal year 2022” inserting “fiscal year 2022 through 2024”. Funds made available under heading “Foreign Military Financing Program” shall be available for loans under this section.

  • During fiscal year 2022 and 2023 funds under the heading “Foreign Military Financing Program” for the Department of State, foreign operations and related programs may utilize for the procurement of defense articles, defense services, or design and construction services NOT sold by the United States Government under the Arms Export Control Act (22 USC 2751). Procurements shall be subject to applicable notification requirements of section 38 of the Arms Export Control Act (22 USC 2778).

  • Funds under the headings “Diplomatic Programs”, “Capital Investment Fund”, Embassy Security, Construction and Maintenance”, Operating Expenses”, may be merged with funds available under heading “Educational and Cultural Exchange Programs”.

  • Funds under the headings “International Disaster Assistance” and “Migration and Refugee Assistance”, may be merged with funds appropriated by this title.

  • Funds under heading “Economic Support Fund”, merged with funds available under “Assistance for Europe, Eurasia and Central Asia” under section 3(c) of Support for East European Democracy (SEED) Act of 1989 (22 USC 5402(c)), under headings “Transition Initiatives” and “Complex Crises Fund”.

  • Funds under heading “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, may be merged with funds appropriated by this title.

  • Transfers of this title are in addition to any other transfer provided by law.

  • The exercise of the transfer have to consult and notify the Committees of Appropriations.

  • If transfers are NOT necessary for such purposes then the amounts are transferred back to such appropriations.

  • 30 days after the enactment of this Act, the Secretary of State and Administrator of the United States Agency for International Development will jointly submit a report to Committees on Appropriations on the use of funds with the EXCEPTION of funds headed under “Multilateral Assistance”.

  • The Secretary of the Treasury will submit a separate report, 30 days after the enactment of this Act, for funds appropriated under the heading “Multilateral Assistance”.

  • Reports shoulder be updated and submitted to the Committees on Appropriations every 60 days until September 30, 2024 and every 120 days until all funds are expended.

  • Funds under the heading “Economic Support Fund” available for direct financial support for the Government of Ukraine, funds will be matched to the maximum extent practicable, by sources other than the United States Government.

  • Fund made available to the Government of Ukraine as a cash transfer are subject to a memorandum of understanding how the funds will be used and includes safeguards for transparency and accountability. Assistance will be maintained in a separate, auditable account and may NOT be combined with any other funds.

  • 15 day before the initial funds are made available, the Secretary of State or the Administrator of the United States Agency for International Development, submit to the congressional committees a report detailing procedures and processes to ensure the funds are being used by the Government of Ukraine, agreed by such Government. This report updated every 6 months following the submission the the first report and submitted until all direct financial supports are expended.

  • The Secretary of State or the Administrator of the United States Agency for International Development, report to the congressional committees hr uses of any funds provided for direct financial support of the Government of Ukraine and its results achieved after 90 days after the enactment of this Act, and every 90 days thereafter until September 30, 2025. This report shoulder include the metrics established to measure such results.

  • Funds made available are subject to the regular notifications procedures of the Committees on Appropriations.

Title 6

General Provisions

  • The Secretary of Agriculture $20 MILLION available until expended. Purpose to carry out the Bill Emerson Humanitarian Trust, authorized by the Bill Emerson Humanitarian Trust Act (7 USC 1736f-1).

  • The Department of the Treasury, $52 MILLION available until September 30, 2023.

  • Payment to Anne Garland Walton, beneficiary of Don Young, late Representative from the State of Alaska, $174,000.

  • Funds for intelligence or related activities specifically authorized by the Congress for purposes of section 504(a)(1) of the National Security Act of 1974 (50 USC 3094(a)(1)).

  • NO appropriation will remain available beyond the current fiscal year expressed in this Act.

  • Otherwise provided, additional amounts appropriated by this Act shall be available under the authorities and conditions applicable for fiscal year 2022.

  • Each amount provided by Congress is for an emergency requirement to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), on the budget for fiscal year 2022.