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Division A — supplemental appropriations and rescissions

H.R. 5230 · 113th Congress · Aug 5, 2014 · Lineage

A supplemental appropriations and rescissions

I

Sec. 101

Notwithstanding any other provision of law, none of the funds provided by this title shall be available for obligation or expenditure through a reprogramming or transfer of funds that proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the House of Representatives or the Senate for a different purpose than for which the appropriations were provided: Provided, That prior to the obligation of such funds, a request for approval shall be submitted to such Committees.

Sec. 102

The Secretary of Homeland Security shall provide to the Congress quarterly reports that include: (1) the number of apprehensions at the border delineated by unaccompanied alien children and alien adults accompanied by an alien minor; (2) the number of claims of a credible fear of persecution delineated by unaccompanied alien children and alien adults accompanied by an alien minor, and the number of determinations of valid claims of a credible fear of persecution delineated by unaccompanied alien children and alien adults accompanied by an alien minor; (3) the number of unaccompanied alien children and alien adults accompanied by an alien minor granted asylum by an immigration judge, delineated by year of apprehension; (4) the number of alien adults accompanied by an alien minor in detention facilities, alternatives to detention, and other non-detention forms of supervision; and (5) the number of removals delineated by unaccompanied alien children and alien adults accompanied by an alien minor.

Sec. 103

Of the unobligated balance available for “Department of Homeland Security—Federal Emergency Management Agency—Disaster Relief Fund”, $405,000,000 is rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on a budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That no amounts may be rescinded from the amounts that were designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 104

Notwithstanding any other provision of law, grants awarded under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) using funds provided under the heading “Federal Emergency Management Agency—State and Local Programs” in division F of Public Law 113–76, division D of Public Law 113–6, or division D of Public Law 112–74 may be used by State and local law enforcement and public safety agencies within local units of government along the Southwest Border of the United States for costs incurred during the award period of performance for personnel, overtime, travel, costs related to combating illegal immigration and drug smuggling, and costs related to providing humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor who have entered the United States.

Sec. 105

Notwithstanding any other provision in this or any other Act, amounts transferred to the Department of Homeland Security pursuant to section 202 of this Act shall be provided by the Secretary of Homeland Security under the heading “Federal Emergency Management Agency—State and Local Programs” to States along the Southwest Border of the United States as reimbursement for necessary costs of National Guard personnel activated under the operational control of the Governors of such States and deployed for the purpose of border security.

II

Sec. 201

Of the unobligated balances of amounts appropriated in title II of division C of Public Law 113–76 for “Operation and Maintenance, Defense-Wide”, $70,000,000 is hereby rescinded to reflect excess cash balances in Department of Defense Working Capital Funds.

Sec. 202

Notwithstanding any other provision in this Act, of the amounts made available by this Act for “National Guard Personnel, Army”, the Secretary of Defense shall transfer to the Department of Homeland Security such funds as may be necessary, not to exceed $35,000,000, to reimburse the States for the cost of any units or personnel of the National Guard, to perform operations and missions under State Active Duty status, deployed in support of a southern border mission.

III

Sec. 301

Of the unobligated balances available for “Department of Justice—Legal Activities—Assets Forfeiture Fund”, $22,000,000 is hereby permanently rescinded.

IV

Sec. 401

(a)
Repatriation and Reintegration— Of the funds appropriated in titles III and IV of division K of Public Law 113–76, and in prior Acts making appropriations for the Department of State, foreign operations, and related programs, for assistance for the countries in Central America, up to $40,000,000 shall be made available for such countries for repatriation and reintegration activities: Provided, That funds made available pursuant to this section may be obligated notwithstanding subsections (c) and (e) of section 7045 of division K of Public Law 113–76.
(b)
Report— Prior to the initial obligation of funds made available pursuant to this section, but not later than 15 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2015, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the obligation of funds made available pursuant to this section by country and the steps taken by the government of each country to—
(1)
improve border security;
(2)
enforce laws and policies to stem the flow of illegal entries into the United States;
(3)
enact laws and implement new policies to stem the flow of illegal entries into the United States, including increasing penalties for human smuggling;
(4)
conduct public outreach campaigns to explain the dangers of the journey to the Southwest Border of the United States, emphasize the lack of immigration benefits available, and emphasize that illegal aliens will be removed to their country; and
(5)
cooperate with United States Federal agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants arriving at the Southwest Border of the United States.
(c)
Suspension of Assistance— The Secretary of State shall suspend assistance provided pursuant to this section to the government of a country if such government is not making significant progress on each item described in paragraphs (1) through (5) of subsection (b): Provided, That assistance may only be resumed if the Secretary reports to the appropriate congressional committees that subsequent to the suspension of assistance such government is making significant progress on each of the items enumerated in such subsection.
(d)
Notification requirement— Funds made available pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 402

Of the unexpended balances available to the President for bilateral economic assistance under the heading “Economic Support Fund” from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $197,000,000 is rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

V

This division may be cited as the “Secure the Southwest Border Supplemental Appropriations Act, 2014”.