[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3401 Enrolled Bill (ENR)]

        H.R.3401

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen


                                 An Act


 
Making emergency supplemental appropriations for the fiscal year ending 
               September 30, 2019, 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, 2019, and for 
other purposes, namely:

                                TITLE I

                         DEPARTMENT OF JUSTICE

                         General Administration

                executive office for immigration review

    For an additional amount for ``Executive Office for Immigration 
Review'', $65,000,000, of which $45,000,000 shall be for the hiring of 
30 additional Immigration Judge Teams, of which $10,000,000 shall be 
used for the purchase or lease of immigration judge courtroom space and 
equipment, and of which $10,000,000 shall be used only for services and 
activities provided by the Legal Orientation Program:  Provided, That 
Immigration Judge Teams shall include appropriate attorneys, law 
clerks, paralegals, court administrators, and other support staff:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     United States Marshals Service

                       federal prisoner detention

    For an additional amount for ``Federal Prisoner Detention'', for 
necessary expenses related to United States prisoners in the custody of 
the United States Marshals Service, to be used only as authorized by 
section 4013 of title 18, United States Code, $155,000,000, to remain 
available until expended:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                                TITLE II

                         DEPARTMENT OF DEFENSE

                       Operation and Maintenance

                    operation and maintenance, army

    For an additional amount for ``Operation and Maintenance, Army'', 
$92,800,000, for necessary expenses to respond to the significant rise 
in unaccompanied minors and family unit aliens at the southwest border 
and related activities:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                operation and maintenance, marine corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $13,025,000, for necessary expenses to respond to the 
significant rise in unaccompanied minors and family unit aliens at the 
southwest border and related activities:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                  operation and maintenance, air force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $18,000,000, for necessary expenses to respond to the 
significant rise in unaccompanied minors and family unit aliens at the 
southwest border and related activities:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             operation and maintenance, army national guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $21,024,000, for necessary expenses to respond to the 
significant rise in unaccompanied minors and family unit aliens at the 
southwest border and related activities:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                               TITLE III

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses to respond to the significant rise in aliens at the 
southwest border and related activities, $1,015,431,000; of which 
$819,950,000 shall be available until September 30, 2020:  Provided, 
That of the amounts provided under this heading, $708,000,000 is for 
establishing and operating migrant care and processing facilities, 
$111,950,000 is for consumables and medical care, $35,000,000 is for 
transportation, $110,481,000 is for temporary duty and overtime costs 
including reimbursements, and $50,000,000 is for mission support data 
systems and analysis:  Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

              procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'' for migrant care and processing facilities, $85,000,000, 
to remain available until September 30, 2023:  Provided, That such 
amount is designated by the Congress as being for 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

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses to respond to the significant rise in aliens at the 
southwest border and related activities, $208,945,000:  Provided, That 
of the amounts provided under this heading, $35,943,000 is for 
transportation of unaccompanied alien children, $11,981,000 is for 
detainee transportation for medical needs, court proceedings, or 
relocation from U.S. Customs and Border Protection custody, $20,000,000 
is for alternatives to detention, $45,000,000 is for detainee medical 
care, $69,735,000 is for temporary duty, overtime, and other on-board 
personnel costs including reimbursements, $5,000,000 is for the Office 
of Professional Responsibility for background investigations and 
facility inspections, and $21,286,000 is for Homeland Security 
Investigations human trafficking investigations:  Provided further, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                  Federal Emergency Management Agency

                           federal assistance

    For an additional amount for ``Federal Assistance'', $30,000,000, 
to remain available until September 30, 2020, for the emergency food 
and shelter program under title III of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11331 et seq.) for the purposes of providing 
assistance to aliens released from the custody of the Department of 
Homeland Security:  Provided, That notwithstanding sections 315 and 
316(b) of such Act, funds made available under this section shall be 
disbursed by the Emergency Food and Shelter Program National Board not 
later than 30 days after the date on which such funds become available: 
 Provided further, That the Emergency Food and Shelter Program National 
Board shall distribute such funds only to jurisdictions or local 
recipient organizations serving communities that have experienced a 
significant influx of such aliens:  Provided further, That such funds 
may be used to reimburse such jurisdictions or local recipient 
organizations for costs incurred in providing services to such aliens 
on or after January 1, 2019:  Provided further, That such amount is 
designated by the Congress as being for 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

    Sec. 301.  Notwithstanding any other provision of law, funds made 
available under each heading in this title shall only be used for the 
purposes specifically described under that heading.
    Sec. 302.  Division A of the Consolidated Appropriations Act, 2019 
(Public Law 116-6) is amended by adding after section 540 the 
following:
    ``Sec. 541. (a) Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) shall be applied--
        ``(1) In subsection (a), by substituting `September 30, 2019,' 
    for `September 30, 2017,'; and
        ``(2) In subsection (c)(1), by substituting `September 30, 
    2019,' for `September 30, 2017'.
    ``(b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 2371b of title 10, United 
States Code, and the Secretary shall perform the functions of the 
Secretary of Defense as prescribed.
    ``(c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 2371b(e) 
of title 10, United States Code.''.
    Sec. 303.  None of the funds provided in this Act under ``U.S. 
Customs and Border Protection--Operations and Support'' for facilities 
shall be available until U.S. Customs and Border Protection establishes 
policies (via directive, procedures, guidance, and/or memorandum) and 
training programs to ensure that such facilities adhere to the National 
Standards on Transport, Escort, Detention, and Search, published in 
October of 2015:  Provided, That not later than 90 days after the date 
of enactment of this Act, U.S. Customs and Border Protection shall 
provide a detailed report to the Committees on Appropriations of the 
Senate and the House of Representatives, the Committee on the Judiciary 
of the Senate, and the House Judiciary Committee regarding the 
establishment and implementation of such policies and training 
programs.
    Sec. 304.  No later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall provide a report on 
the number of U.S. Customs and Border Protection Officers assigned to 
northern border land ports of entry and temporarily assigned to the 
ongoing humanitarian crisis:  Provided, That the report shall outline 
what resources and conditions would allow a return to northern border 
staffing levels that are no less than the number committed in the June 
12, 2018 Department of Homeland Security Northern Border Strategy:  
Provided further, That the report shall include the number of officers 
temporarily assigned to the southwest border in response to the ongoing 
humanitarian crisis, the number of days the officers will be away from 
their northern border assignment, the northern border ports from which 
officers are being assigned to the southwest border, and efforts being 
made to limit the impact on operations at each northern border land 
port of entry where officers have been temporarily assigned to the 
southwest border.
    Sec. 305.  None of the funds appropriated or otherwise made 
available by this Act or division A of the Consolidated Appropriations 
Act, 2019 (Public Law 116-6) for the Department of Homeland Security 
may be used to relocate to the National Targeting Center the vetting of 
Trusted Traveler Program applications and operations currently carried 
out at existing locations unless specifically authorized by a statute 
enacted after the date of enactment of this Act.
    Sec. 306.  The personnel, supplies, or equipment of any component 
of the Department of Homeland Security may be deployed to support 
activities of the Department of Homeland Security related to the 
significant rise in aliens at the southwest border and related 
activities, and for the enforcement of immigration and customs laws, 
detention and removals of aliens crossing the border unlawfully, and 
investigations without reimbursement as jointly agreed by the detailing 
components.

                                TITLE IV

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'', 
$2,881,552,000, to be merged with and available for the same period as 
funds appropriated in Public Law 115-245 ``for carrying out such 
sections 414, 501, 462, and 235'', which shall be available for any 
purpose funded under such heading in such law:  Provided, That if any 
part of the reprogramming described in the notification submitted by 
the Secretary of Health and Human Services (the ``Secretary'') to the 
Committees on Appropriations of the House of Representatives and the 
Senate on May 16, 2019 has been executed, such amounts provided by this 
Act as are necessary shall be used to reverse such reprogramming:  
Provided further, That amounts allocated by the Secretary for costs of 
leases of property that include facilities to be used as hard-sided 
dormitories for which the Secretary intends to seek State licensure for 
the care of unaccompanied alien children, and that are executed under 
authorities transferred to the Director of the Office of Refugee 
Resettlement (ORR) under section 462 of the Homeland Security Act of 
2002, shall remain available until expended:  Provided further, That 
ORR shall notify the Committees on Appropriations of the House of 
Representatives and the Senate within 72 hours of conducting a formal 
assessment of a facility for possible lease or acquisition and within 7 
days of any acquisition or lease of real property:  Provided further, 
That not less than $866,000,000 of amounts provided under this heading 
shall be used for the provision of care in licensed shelters and for 
expanding the supply of shelters for which State licensure will be 
sought, of which not less than $27,000,000 shall be available for the 
purposes of adding shelter beds in State-licensed facilities in 
response to funding opportunity HHS-2017-ACF-ORR-ZU-1132, and of which 
not less than $185,000,000 shall be available for expansion grants to 
add beds in State-licensed facilities and open new State-licensed 
facilities, and for contract costs to acquire, activate, and operate 
facilities that will include small- and medium-scale hard-sided 
facilities for which the Secretary intends to seek State licensure in 
an effort to phase out the need for shelter beds in unlicensed 
facilities:  Provided further, That not less than $100,000,000 of 
amounts provided under this heading shall be used for post-release 
services, child advocates, and legal services:  Provided further, That 
not less than $8,000,000 of amounts provided under this heading shall 
be used for the purposes of hiring additional Federal Field Specialists 
and for increasing case management and case coordination services, with 
the goal of more expeditiously placing unaccompanied alien children 
with sponsors and reducing the length of stay in ORR custody:  Provided 
further, That not less than $1,000,000 of amounts provided under this 
heading shall be used for the purposes of hiring project officers and 
program monitor staff dedicated to pursuing strategic improvements to 
the Unaccompanied Alien Children program and for the development of a 
discharge rate improvement plan which shall be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate within 120 days of enactment of this Act:  Provided further, 
That of the amounts provided under this heading, $5,000,000 shall be 
transferred to ``Office of the Secretary--Office of Inspector General'' 
and shall remain available until expended for oversight of activities 
supported with funds appropriated under this heading:  Provided 
further, That such amount is designated by the Congress as being for 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

    Sec. 401.  The Secretary of Health and Human Services (the 
``Secretary'') shall prioritize use of community-based residential care 
(including long-term and transitional foster care and small group 
homes) and shelter care other than large-scale institutional shelter 
facilities to house unaccompanied alien children in its custody. The 
Secretary shall prioritize State-licensed and hard-sided dormitories.
    Sec. 402.  The Office of Refugee Resettlement shall ensure that its 
grantees and, to the greatest extent practicable, potential sponsors of 
unaccompanied alien children are aware of current law regarding the use 
of information collected as part of the sponsor suitability 
determination process.
    Sec. 403. (a) None of the funds provided by this or any prior 
appropriations Act may be used to reverse changes in procedures made by 
operational directives issued to providers by the Office of Refugee 
Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019 
regarding the Memorandum of Agreement on Information Sharing executed 
April 13, 2018.
    (b) Notwithstanding subsection (a), the Secretary may make changes 
to such operational directives upon making a determination that such 
changes are necessary to prevent unaccompanied alien children from 
being placed in danger, and the Secretary shall provide a written 
justification to Congress and the Inspector General of the Department 
of Health and Human Services in advance of implementing such changes.
    (c) Within 15 days of the Secretary's communication of the 
justification, the Inspector General of the Department of Health and 
Human Services shall provide an assessment, in writing, to the 
Secretary and to Committees on Appropriations of the House of 
Representatives and the Senate of whether such changes to operational 
directives are necessary to prevent unaccompanied children from being 
placed in danger.
    Sec. 404.  None of the funds made available in this Act under the 
heading ``Department of Health and Human Services--Administration for 
Children and Families--Refugee and Entrant Assistance'' may be 
obligated to a grantee or contractor to house unaccompanied alien 
children (as such term is defined in section 462(g)(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not 
State-licensed for the care of unaccompanied alien children, except in 
the case that the Secretary determines that housing unaccompanied alien 
children in such a facility is necessary on a temporary basis due to an 
influx of such children or an emergency, provided that--
        (1) the terms of the grant or contract for the operations of 
    any such facility that remains in operation for more than six 
    consecutive months shall require compliance with--
            (A) the same requirements as licensed placements, as listed 
        in Exhibit 1 of the Flores Settlement Agreement that the 
        Secretary determines are applicable to non-State licensed 
        facilities; and
            (B) staffing ratios of one (1) on-duty Youth Care Worker 
        for every eight (8) children or youth during waking hours, one 
        (1) on-duty Youth Care Worker for every sixteen (16) children 
        or youth during sleeping hours, and clinician ratios to 
        children (including mental health providers) as required in 
        grantee cooperative agreements;
        (2) the Secretary may grant a 60-day waiver for a contractor's 
    or grantee's non-compliance with paragraph (1) if the Secretary 
    certifies and provides a report to Congress on the contractor's or 
    grantee's good-faith efforts and progress towards compliance;
        (3) not more than four consecutive waivers under paragraph (2) 
    may be granted to a contractor or grantee with respect to a 
    specific facility;
        (4) ORR shall ensure full adherence to the monitoring 
    requirements set forth in section 5.5 of its Policies and 
    Procedures Guide as of May 15, 2019;
        (5) for any such unlicensed facility in operation for more than 
    three consecutive months, ORR shall conduct a minimum of one 
    comprehensive monitoring visit during the first three months of 
    operation, with quarterly monitoring visits thereafter; and
        (6) not later than 60 days after the date of enactment of this 
    Act, ORR shall brief the Committees on Appropriations of the House 
    of Representatives and the Senate outlining the requirements of ORR 
    for influx facilities including any requirement listed in paragraph 
    (1)(A) that the Secretary has determined are not applicable to non-
    State licensed facilities.
    Sec. 405.  In addition to the existing Congressional notification 
for formal site assessments of potential influx facilities, the 
Secretary shall notify the Committees on Appropriations of the House of 
Representatives and the Senate at least 15 days before operationalizing 
an unlicensed facility, and shall (1) specify whether the facility is 
hard-sided or soft-sided, and (2) provide analysis that indicates that, 
in the absence of the influx facility, the likely outcome is that 
unaccompanied alien children will remain in the custody of the 
Department of Homeland Security for longer than 72 hours or that 
unaccompanied alien children will be otherwise placed in danger. Within 
60 days of bringing such a facility online, and monthly thereafter, the 
Secretary shall provide to the Committees on Appropriations of the 
House of Representatives and the Senate a report detailing the total 
number of children in care at the facility, the average length of stay 
and average length of care of children at the facility, and, for any 
child that has been at the facility for more than 60 days, their length 
of stay and reason for delay in release.
    Sec. 406. (a) The Secretary shall ensure that, when feasible, no 
unaccompanied alien child is at an unlicensed facility if the child--
        (1) is not expected to be placed with a sponsor within 30 days;
        (2) is under the age of 13;
        (3) does not speak English or Spanish as his or her preferred 
    language;
        (4) has known special needs, behavioral health issues, or 
    medical issues that would be better served at an alternative 
    facility;
        (5) is a pregnant or parenting teen; or
        (6) would have a diminution of legal services as a result of 
    the transfer to such an unlicensed facility.
    (b) ORR shall notify a child's attorney of record in advance of any 
transfer, where applicable.
    Sec. 407.  None of the funds made available in this Act may be used 
to prevent a United States Senator or Member of the House of 
Representatives from entering, for the purpose of conducting oversight, 
any facility in the United States used for the purpose of maintaining 
custody of, or otherwise housing, unaccompanied alien children (as 
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))), provided that such Senator or Member has 
coordinated the oversight visit with the Office of Refugee Resettlement 
not less than two business days in advance to ensure that such visit 
would not interfere with the operations (including child welfare and 
child safety operations) of such facility.
    Sec. 408.  Not later than 14 days after the date of enactment of 
this Act, and monthly thereafter, the Secretary shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate, and make publicly available online, a report with respect to 
children who were separated from their parents or legal guardians by 
the Department of Homeland Security (DHS) (regardless of whether or not 
such separation was pursuant to an option selected by the children, 
parents, or guardians), subsequently classified as unaccompanied alien 
children, and transferred to the care and custody of ORR during the 
previous month. Each report shall contain the following information:
        (1) the number and ages of children so separated subsequent to 
    apprehension at or between ports of entry, to be reported by sector 
    where separation occurred; and
        (2) the documented cause of separation, as reported by DHS when 
    each child was referred.
    Sec. 409.  Funds made available in this Act under the heading 
``Department of Health and Human Services--Administration for Children 
and Families--Refugee and Entrant Assistance'' shall be subject to the 
authorities and conditions of section 224 of division A of the 
Consolidated Appropriations Act, 2019 (Public Law 116-6).
    Sec. 410.  Not later than 30 days after the date of enactment of 
this Act, the Secretary shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
detailed spend plan of anticipated uses of funds made available in this 
account, including the following: a list of existing grants and 
contracts for both permanent and influx facilities, including their 
costs, capacity, and timelines; costs for expanding capacity through 
the use of community-based residential care placements (including long-
term and transitional foster care and small group homes) through new or 
modified grants and contracts; current and planned efforts to expand 
small-scale shelters and available foster care placements, including 
collaboration with state child welfare providers; influx facilities 
being assessed for possible use, costs and services to be provided for 
legal services, child advocates, and post release services; program 
administration; and the average number of weekly referrals and 
discharge rate assumed in the spend plan:  Provided, That such plan 
shall be updated to reflect changes and expenditures and submitted to 
the Committees on Appropriations of the House of Representatives and 
the Senate every 60 days until all funds are expended or expired.

                                TITLE V

                      GENERAL PROVISIONS--THIS ACT

    Sec. 501.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 502.  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. 503.  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 2019.
    Sec. 504.  Each amount designated in this Act by the Congress as 
being for 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 (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 505.  Any amount appropriated by this Act, 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 and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.
    Sec. 506.  Not later than 180 days after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
a report to the Committees on Appropriations of the House of 
Representatives and the Senate on the number of asylum officers and 
immigration judges, including temporary immigration judges, and the 
corresponding number of support staff necessary--
        (1) to fairly and effectively make credible fear determinations 
    with respect to individuals within family units and unaccompanied 
    alien children;
        (2) to ensure that the credible fear determination and asylum 
    interview is completed not later than 20 days after the date on 
    which a family unit is apprehended; and
        (3) to fairly and effectively review appeals of credible fear 
    determinations with respect to individuals within family units and 
    unaccompanied alien children.
In addition, the report shall determine if there is any physical 
infrastructure such as hearing or courtroom space needed to achieve 
these goals.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations for Humanitarian Assistance and Security at the Southern 
Border Act, 2019''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.