[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2648 Referred to Committee Senate (RTS)]
113th CONGRESS
2d Session
S. 2648
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2014, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2014
Ms. Mikulski introduced the following bill; which was read the first
time
July 24, 2014
Read the second time and placed on the calendar
July 31, 2014
Referred to the Committee on Appropriations pursuant to Section 312 of
the Congressional Budget Act of 1974
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2014, 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, 2014, and for
other purposes, namely:
TITLE I
SOUTHWESTERN BORDER CRISIS
CHAPTER 1
DEPARTMENT OF JUSTICE
General Administration
administrative review and appeals
For an additional amount for ``Administrative Review and Appeals''
to cover necessary expenses to respond to the significant rise in
unaccompanied children and adults with children at the southwest border
and related activities, $123,400,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That of the amount provided:
(1) $6,700,000 is for the Executive Office of Immigration
Review for courthouse equipment and automated system
requirements;
(2) $5,000,000 is for the Executive Office for Immigration
Review Legal Orientation Program;
(3) $50,000,000 is for the Executive Office for Immigration
Review to implement a program to provide counsel for
unaccompanied alien children; and
(4) $500,000 shall be transferred to the Department of
Justice's Office of Inspector General for audits and
investigations related to the response to the rise in
unaccompanied children and adults with children at the
southwest border.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'' to cover necessary expenses to respond to the significant
rise in unaccompanied children and adults with children at the
southwest border and related activities, $1,100,000, to remain
available until September 30, 2015: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
Office of Inspector General
For an additional amount for the ``Office of Inspector General'' to
cover necessary expenses, including additional investigations,
screenings, and detention facility site visits, to respond to the
significant rise in unaccompanied children and adults with children at
the southwest border, $1,000,000, to remain available until September
30, 2015: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to cover
necessary expenses to respond to the significant rise in unaccompanied
children and adults with children at the southwest border and related
activities, including the acquisition, construction, improvement,
repair, and management of facilities, and for necessary expenses
related to border security, $320,549,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
air and marine operations
For an additional amount for ``Air and Marine Operations'' to cover
necessary expenses to respond to the significant rise in unaccompanied
children and adults with children at the southwest border and related
activities, $22,111,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'' to cover
necessary expenses to respond to the significant rise in unaccompanied
children and adults with children at the southwest border and related
activities, and for the necessary expenses for enforcement of
immigration and customs law, detention and removals of adults with
children crossing the border unlawfully, and investigations,
$762,795,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
General Provision--This Chapter
Sec. 1201. Any appropriations provided to the Department of
Homeland Security by this title may be reprogrammed or transferred
without limitation between such appropriations after notification to
the Committees on Appropriations of the Senate and the House of
Representatives: Provided, That prior to the obligation of such funds,
a request shall be submitted to such Committees 15 days in advance of
such reprogramming or transfer.
CHAPTER 3
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
(including transfer of funds)
For an additional amount for ``Refugee and Entrant Assistance'',
$1,200,000,000, to be merged with and available for the same period and
purposes as funds appropriated in Public Law 113-76 ``for carrying out
such sections 414, 501, 462, and 235'': Provided, That funds
appropriated under this heading may also be used for other medical
response expenses of the Department of Health and Human Services in
assisting individuals identified under subsection (b) of section 235 of
the William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 and for acquisition, construction, improvement, repair,
operation, and maintenance of real property and facilities: Provided
further, That, the Secretary may, in this fiscal year and hereafter,
accept and use money, funds, property, and services of any kind made
available by gift, devise, bequest, grant, or other donation for
carrying out such sections: Provided further, That funds appropriated
under this heading for medical response expenses may be transferred to
and merged with the ``Public Health and Social Services Emergency
Fund'': Provided further, That such transfer authority is subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That not less than $1,000,000 shall
be transferred to the Department of Health and Human Services ``Office
of Inspector General'' to perform oversight, accountability, and
evaluation of programs, projects, or activities supported with the
funds provided for the purposes provided herein: Provided further,
That the Secretary shall take such action as necessary to ensure that
social services, preventive health, and targeted assistance activities
under section 414 of the Immigration and Nationality Act and section
501 of the Refugee Education Assistance Act of 1980 are funded in
fiscal year 2014 at levels as prescribed in the detailed table in
division H of the explanatory statement accompanying Public Law 113-76:
Provided further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
CHAPTER 4
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$2,000,000, to remain available until September 30, 2015, which may be
made available for public diplomacy and public affairs programs related
to Central American migration issues: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $500,000, to remain available until September 30, 2015,
which may be made available only for public service announcements and
other broadcasts related to Central American migration issues:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$212,500,000, to remain available until September 30, 2015, for
necessary expenses to implement the strategy required in section 1401
of this chapter to address the root causes of migration from Central
America, including to support the safe repatriation and reintegration
of migrants: Provided, That funds appropriated under this heading in
this Act may be transferred to, and merged with, funds made available
under the heading ``Complex Crises Fund'' in title III of acts making
appropriations for the Department of State, foreign operations, and
related programs, and may be further transferred under existing
relevant authorities: Provided further, That funds transferred
pursuant to the previous proviso shall remain available until September
30, 2015: Provided further, That of the funds appropriated under this
heading in this Act, $5,000,000 shall be transferred to the Inter-
American Foundation for in-country training and other programs for at-
risk youth in Central America: Provided further, That of the funds
appropriated under this heading in this Act, $10,000,000 shall be
transferred to the Department of Justice to support programs to build
investigative and prosecutorial capacity in the justice systems of
Guatemala, Honduras, and El Salvador: Provided further, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $85,000,000, to remain available until September 30,
2015, for necessary expenses to implement the strategy required in
section 1401 of this chapter to address the root causes of migration
from Central America, including to strengthen law enforcement and
judicial system capacity: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
General Provisions--This Chapter
(including transfer of funds)
multi-year prevention and response strategy
Sec. 1401. Not later than 90 days after enactment of this Act and
prior to the obligation of funds appropriated under this chapter in
this Act, the Secretary of State and the Administrator of the United
States Agency for International Development (USAID), following
consultation with the heads of other relevant United States Government
agencies, the Committees on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives, civil society organizations, and national and
local governments in Central America, shall jointly submit to such
committees an integrated, multi-year prevention and response strategy
to inform Central American children and their families of the dangers
of the journey to the United States and to address the root causes of
migration from Central America, including: to strengthen social
services, law enforcement, and judicial system capacity (with an
emphasis on community policing and other community violence reduction
programs) to dismantle criminal gangs, combat other organized crime and
violence (including domestic and sexual abuse), extortion, narcotics
trafficking, and human smuggling and trafficking; eliminate public
sector corruption and strengthen governance; develop child welfare
services (including shelters); provide safe educational, vocational,
and technical training opportunities for children and youth; address
obstacles to equitable economic growth and support job creation
programs; expand the activities of the United Nations High Commissioner
for Refugees in Central America; and to support the safe repatriation
and reintegration of migrants: Provided, That the Secretary of State
and the USAID Administrator shall implement such strategy through civil
society organizations to the maximum extent practicable: Provided
further, That such strategy shall also include projected annual funding
requirements, specific goals, and benchmarks for measuring progress:
Provided further, That the Secretary of State shall designate a senior
official to oversee coordination and implementation of the strategy:
Provided further, That the Secretary of State should suspend assistance
for a central government in Central America made available by this Act
and prior acts making appropriations for the Department of State,
foreign operations, and related programs if the Secretary, in
consultation with the USAID Administrator, as appropriate, determines
that such government is not cooperating in meeting such goals and
benchmarks.
cost-matching requirement
Sec. 1402. Funds appropriated by this Act and prior acts making
appropriations for the Department of State, foreign operations, and
related programs under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that are made
available to address the root causes of migration from Central America,
and to support the safe repatriation and reintegration of migrants,
shall be made available, to the maximum extent practicable, on a cost-
matching basis: Provided, That the Secretary of State shall inform the
Committees on Appropriations on efforts to implement the requirement of
this section.
consultation and notification
Sec. 1403. Funds appropriated under this chapter in this Act may
only be made available for obligation and transfer following
consultation with the Committees on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives, and such funds and funds appropriated in
prior Acts making appropriations for the Department of State, foreign
operations, and related programs to address the root causes of
migration from Central America, and to support the safe repatriation
and reintegration of migrants, shall be subject to the regular
notification procedures of the Committees on Appropriations.
oversight
Sec. 1404. Of the funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'',
not less than $500,000 shall be transferred to, and merged with, funds
appropriated under the heading ``Department of State and Related
Agency, Administration of Foreign Affairs, Office of Inspector
General'', and not less than $1,000,000 shall be transferred to, and
merged with, funds appropriated under the heading ``United States
Agency for International Development, Funds Appropriated to the
President, Office of Inspector General'' for the purpose of oversight
of funds appropriated under this chapter in this Act: Provided, That
funds transferred pursuant to this section shall remain available until
September 30, 2015.
CHAPTER 5
GENERAL PROVISIONS--THIS TITLE
Sec. 1501. Not to exceed $250,000,000 of any appropriation made
available in this title may be transferred between such appropriations
with the approval of the Director of the Office of Management and
Budget: Provided, That the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in advance of any
such transfer by the Director of the Office of Management and Budget:
Provided further, That such transfer authority is in addition to any
other transfer authority provided by this or any other Act.
Sec. 1502. The Secretary of Homeland Security, in consultation
with the Secretary of State and the Attorney General, shall submit to
the Committees on Appropriations of the Senate and the House of
Representatives a plan on the steps the United States Government will
take to interdict and disrupt human smuggling, trafficking
organizations and other transnational criminal organizations
transporting unaccompanied children and adults with children to the
southwest border of the United States: Provided, That such plan shall
include, but not be limited to, investigations into smuggling and
trafficking methods, detailed resource and staffing requirements at
each Department to combat these organizations, and how existing assets
will be deployed to secure the border: Provided further, That such
plan shall be submitted within 45 days from enactment of this Act with
quarterly updates thereafter until September 30, 2015.
TITLE II
WILDLAND FIRE MANAGEMENT
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
For an additional amount for ``Wildland Fire Management'' to cover
necessary expenses for wildfire suppression and emergency
rehabilitation activities of the Forest Service, $615,000,000, to
remain available until expended: Provided, That such funds shall only
become available if funds previously provided for wildland fire
suppression will be exhausted imminently and the Secretary of
Agriculture notifies the Committees on Appropriations of the House of
Representatives and the Senate in writing of the need for these
additional funds: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
General Provisions--This Title
wildfire disaster funding authority
Sec. 2101. (a) In General.--Section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2))
is amended by adding at the end the following:
``(E) FLAME wildfire suppression.--
``(i) If a bill or joint resolution making
appropriations for a fiscal year is enacted
that specifies an amount for wildfire
suppression operations in the Wildland Fire
Management accounts at the Department of
Agriculture or the Department of the Interior,
then the adjustments for that fiscal year shall
be the amount of additional new budget
authority provided in that Act for wildfire
suppression operations for that fiscal year,
but shall not exceed--
``(I) for fiscal year 2015,
$1,410,000,000 in additional new budget
authority;
``(II) for fiscal year 2016,
$1,460,000,000 in additional new budget
authority;
``(III) for fiscal year 2017,
$1,557,000,000 in additional new budget
authority;
``(IV) for fiscal year 2018,
$1,778,000,000 in additional new budget
authority;
``(V) for fiscal year 2019,
$2,030,000,000 in additional new budget
authority;
``(VI) for fiscal year 2020,
$2,319,000,000 in additional new budget
authority; and
``(VII) for fiscal year 2021,
$2,650,000,000 in additional new budget
authority.
``(ii) As used in this subparagraph--
``(I) the term `additional new
budget authority' means the amount
provided for a fiscal year, in excess
of 70 percent of the average costs for
wildfire suppression operations over
the previous 10 years, in an
appropriation Act and specified to pay
for the costs of wildfire suppression
operations; and
``(II) the term `wildfire
suppression operations' means the
emergency and unpredictable aspects of
wildland firefighting including
support, response, and emergency
stabilization activities; other
emergency management activities; and
funds necessary to repay any transfers
needed for these costs.
``(iii) The average costs for wildfire
suppression operations over the previous 10
years shall be calculated annually and reported
in the President's Budget submission under
section 1105(a) of title 31, United States
Code, for each fiscal year.''.
(b) Disaster Funding.--Section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``and'' and
inserting ``plus'';
(B) in subclause (II), by striking the period and
inserting ``; less''; and
(C) by adding the following:
``(III) the additional new budget
authority provided in an appropriation
Act for wildfire suppression operations
pursuant to subparagraph (E) for the
preceding fiscal year.''; and
(2) by adding at the end the following:
``(v) Beginning in fiscal year 2017 and in
subsequent fiscal years, the calculation of the
`average funding provided for disaster relief
over the previous 10 years' shall include for
each year within that average the additional
new budget authority provided in an
appropriation Act for wildfire suppression
operations pursuant to subparagraph (E) for the
preceding fiscal year.''.
reporting requirements
Sec. 2102. (a) Supplemental Appropriations.--If the Secretary of
the Interior or the Secretary of Agriculture determines that
supplemental appropriations are necessary for a fiscal year for
wildfire suppression operations, the Secretary of the Interior or the
Secretary of Agriculture, as applicable, shall promptly submit to
Congress estimates for such supplemental requirements.
(b) Accounting, Reports and Accountability.--
(1) Accounting and reporting requirements.--In each fiscal
year, the Secretary of the Interior and the Secretary of
Agriculture shall account for and report on the amounts used
from the additional new budget authority for wildfire
suppression operations provided to the Secretary of the
Interior or the Secretary of Agriculture, as applicable, in an
appropriations Act pursuant to subparagraph (E)(ii) of section
251(b)(2) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)) (as amended by section 2101(b)
of this Act).
(2) Annual report.--
(A) In general.--Not later than 180 days after the
end of each fiscal year for which additional new budget
authority is used pursuant to subparagraph (E)(ii) of
section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) (as
amended by section 2101(b) of this Act), the Secretary
of the Interior or the Secretary of Agriculture, as
applicable, shall--
(i) prepare an annual report with respect
to the additional new budget authority;
(ii) submit to the appropriate committees
of Congress the annual report prepared under
clause (i); and
(iii) make the report prepared under clause
(i) available to the public.
(B) Components.--The annual report prepared under
subparagraph (A) shall--
(i) document risk-based factors that
influenced management decisions with respect to
wildfire suppression operations;
(ii) analyze a statistically significant
sample of large fires, including an analysis
for each fire of--
(I) cost drivers;
(II) the effectiveness of risk
management techniques;
(III) any resulting ecological or
other benefits to the landscape;
(IV) the impact of investments in
wildfire suppression operations
preparedness;
(V) suggested corrective actions;
and
(VI) any other factors the
Secretary of the Interior of the
Interior or the Secretary of
Agriculture determine to be
appropriate;
(iii) include an accounting of overall fire
management and spending by the Department of
the Interior or the Department of Agriculture,
which is broken out by fire size, cost,
regional location, and other factors;
(iv) describe any lessons learned in the
conduct of wildfire suppression operations; and
(v) include any other elements that the
Secretary of the Interior or the Secretary of
Agriculture determine to be necessary.
TITLE III
DEPARTMENT OF DEFENSE
PROCUREMENT
Procurement, Defense-wide
For an additional amount for ``Procurement, Defense-Wide'',
$225,000,000, to remain available until September 30, 2015, which shall
be for the Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to counter short-
range rocket threats: Provided, That such funds shall be transferred
immediately only through an exchange of letters to address emergent
operations in support of Operation Protective Edge, notwithstanding
section 3.1.3.2.1 of the U.S.-Israel Iron Dome Procurement Agreement:
Provided further, That nothing in this paragraph shall be construed to
apply to previously appropriated funds for the procurement of Iron
Dome: Provided further, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE IV
GENERAL PROVISION--THIS ACT
availability of funds
Sec. 4101. Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act, 2014''.
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