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[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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