[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3401 Received in Senate (RDS)]
<DOC>
116th CONGRESS
1st Session
H. R. 3401
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2019
Received
_______________________________________________________________________
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'', $17,000,000 to be used only for services and activities
provided by the Legal Access Programs, of which not less than
$2,000,000 shall be for the continued operation of the Immigration
Court Helpdesk Program: 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.
United States Marshals Service
federal prisoner detention
For an additional amount for ``Federal Prisoner Detention'',
$155,000,000 to be used only for the necessary expenses related to
United States prisoners in the custody of the United States Marshals
Service as authorized by section 4013 of title 18, United States Code:
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 HOMELAND SECURITY
Security, Enforcement, and Border Protection
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, $1,217,931,000, to remain
available until September 30, 2020; of which $702,500,000 is for
migrant processing facilities; of which $92,000,000 is for consumables;
of which $19,950,000 is for medical assets and high risk support; of
which $8,000,000 is for Federal Protective Service support; of which
$35,000,000 is for transportation; of which $90,636,000 is for
temporary duty and overtime costs; of which $19,845,000 is for
reimbursements for temporary duty and overtime costs; and of which
$50,000,000 is for mission support data systems and analysis: 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.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for migrant 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, $128,238,000; of which
$35,943,000 is for transportation of unaccompanied alien children; of
which $11,981,000 is for detainee transportation for medical needs,
court proceedings, or relocation to and from U.S. Customs and Border
Protection custody; of which $5,114,000 is for reimbursements for
overtime and temporary duty costs; of which $20,000,000 is for
alternatives to detention; of which $45,000,000 is for detainee medical
care; and of which $10,200,000 is for the Office of Professional
Responsibility for background investigations and facility inspections:
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.
Federal Emergency Management Agency
federal assistance
For an additional amount for ``Federal Assistance'', $60,000,000,
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 becomes
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. 201. 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. 202. 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. 203. (a) The Secretary of the Department of Homeland Security
shall establish policies and distribute written personnel guidance, as
appropriate, not later than 60 days after the date of enactment of this
Act on the following:
(1) Providing private meeting space and video
teleconferencing access for individuals returned to Mexico
under the Migrant Protection Protocols to consult with legal
counsel, including prior to initial immigration court hearings.
(2) Efforts, in consultation with the Department of State,
to address the housing, transportation, and security needs of
such individuals.
(3) Efforts, in consultation with the Department of
Justice, to ensure that such individuals are briefed, in their
primary spoken language to the greatest extent possible, on
their legal rights and obligations prior to being returned to
Mexico.
(4) Efforts, in consultation with the Department of
Justice, to prioritize the immigration proceedings of such
individuals.
(5) The establishment of written policies defining
categories of vulnerable individuals who should not be so
returned.
(b) For purposes of this section, the term ``Migrant Protection
Protocols'' means the actions taken by the Secretary to implement the
memorandum dated January 25, 2019 entitled ``Policy Guidance for the
Implementation of the Migrant Protection Protocols''.
(c) The amounts provided by this section are 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.
Sec. 204. 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. 205. 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. 206. 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. 207. (a) Of the additional amount provided under ``U.S.
Customs and Border Protection--Operations and Support'', $200,000,000
is for a multi-agency, integrated, migrant processing center pilot
program for family units and unaccompanied alien children, including
the following:
(1) Ongoing assessment and treatment efforts for physical
or mental health conditions, including development of a support
plan and services for each member of a vulnerable population.
(2) Assessments of child protection and welfare needs.
(3) Food, shelter, hygiene services and supplies, clothing,
and activities appropriate for the non-penal, civil detention
of families.
(4) Personnel with appropriate training on caring for
families and vulnerable populations in a civil detention
environment.
(5) Free telephonic communication access, including support
for contacting family members.
(6) Direct access to legal orientation, legal
representation, and case management in private areas of the
center.
(7) Credible fear and reasonable fear interviews conducted
by U.S. Citizenship and Immigration Services asylum officers in
private areas of the center.
(8) Granting of asylum directly by U.S. Citizenship and
Immigration Services for manifestly well-founded or clearly
meritorious cases.
(9) For family units not found removable prior to departure
from the center--
(A) release on own recognizance or placement in
alternatives to detention with case management; and
(B) coordinated transport to a respite shelter or
city of final destination.
(10) For family units found removable prior to departure
from the center, safe return planning support by an immigration
case manager, including a consular visit to assist with
reintegration.
(11) On-site operational support by non-governmental
organizations for the identification and protection of
vulnerable populations.
(b) The Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives within 24 hours of any--
(1) unaccompanied child placed in the pilot program whose
time in Department of Homeland Security custody exceeds 72
hours; and
(2) family unit placed in the pilot program whose time in
such custody exceed exceeds 9 days.
(c) Prior to the obligation of the amount identified in subsection
(a), but not later than 30 days after the date of enactment of this
Act, the Secretary shall submit a plan for the implementation of the
pilot program to the Committees on Appropriations of the Senate and the
House of Representatives which shall include a definition of vulnerable
populations.
Sec. 208. Not later than 30 days after the date of enactment of
this Act, the Secretary of Homeland Security shall establish final
plans, standards, and protocols to protect the health and safety of
individuals in the custody of U.S. Customs and Border Protection, which
shall include--
(1) standards and response protocols for medical
assessments and medical emergencies;
(2) requirements for ensuring the provision of water,
appropriate nutrition, hygiene, and sanitation needs;
(3) standards for temporary holding facilities that adhere
to best practices for the care of children, which shall be in
compliance with the relevant recommendations in the Policy
Statement of the American Academy of Pediatrics entitled,
``Detention of Immigrant Children'';
(4) protocols for responding to surges of migrants crossing
the southern border or arriving at land ports of entry; and
(5) required training for all Federal and contract
personnel who interact with migrants on the care and treatment
of individuals in civil detention.
Sec. 209. Not later than 120 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the House
of Representatives and the Senate a plan for ensuring access to
appropriate translation services for all individuals encountered by
U.S. Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and U.S. Citizenship and Immigration Services, including
an estimate of related resource requirements and the feasibility and
potential benefit of these components jointly procuring such services.
TITLE III
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''
$2,881,552,000, to be merged with and available for the same period as
funds appropriated in division B of Public Law 115-245 and made
available through fiscal year 2021 under this heading, and to be made
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 as of
the date of the enactment of this Act, such amounts provided by this
Act as are necessary shall be used to reverse such reprogramming:
Provided further, That of the amounts provided under this heading, the
amount 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 lease or acquisition of
real property: Provided further, That not less than $866,000,000 of the
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 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 the amounts provided under this heading shall be used
for post-release services, child advocates, and legal services:
Provided further, That the amount made available for legal services in
the preceding proviso shall be made available for the same purposes for
which amounts were provided for such services in fiscal year 2017:
Provided further, That not less than $8,000,000 of the 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 the date 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 none of the funds made available
under this heading may be transferred pursuant to the authority in
section 205 of division B of Public Law 115-245: Provided further, That
the amount provided under this heading 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. 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 the custody of the
Department of Health and Human Services. The Secretary shall prioritize
State-licensed, hard-sided dormitories.
Sec. 302. 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 remain available
for obligation only if the operational directives issued by the Office
of Refugee Resettlement between December 1, 2018, and June 15, 2019, to
accelerate the identification and approval of sponsors, remain in
effect.
Sec. 303. 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. 304. 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 of Health and Human Services (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, regardless of the status of the underlying
settlement agreement;
(B) staffing ratios of 1 on-duty Youth Care Worker
for every 8 children or youth during waking hours, 1
on-duty Youth Care Worker for every 16 children or
youth during sleeping hours, and clinician ratios to
children (including mental health providers) as
required in grantee cooperative agreements; and
(C) access provided to legal services;
(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 and the report specifies each requirement
referenced in paragraph (1) that is being waived for 60 days;
(3) the Secretary shall not waive requirements for grantees
or contractors to provide or arrange for the following
services--
(A) proper physical care and maintenance, including
suitable living accommodations, food, appropriate
clothing, and personal grooming items;
(B) a complete medical examination (including
screening for infectious diseases) within 48 hours of
admission, unless the minor was recently examined at
another facility;
(C) appropriate routine medical and dental care;
(D) at least one individual counseling session per
week conducted by trained social work staff with the
specific objectives of reviewing a minor's progress,
establishing new short term objectives, and addressing
both the developmental and crisis-related needs of each
minor;
(E) educational services appropriate to the minor's
level of development, and communication skills in a
structured classroom setting, Monday through Friday,
which concentrates primarily on the development of
basic academic competencies and secondarily on English
Language Training;
(F) activities according to a leisure time plan
which shall include daily outdoor activity, weather
permitting, at least one hour per day of large muscle
activity and one hour per day of structured leisure
time activities (this should not include time spent
watching television). Activities should be increased to
three hours on days when school is not in session;
(G) whenever possible, access to religious services
of the minor's choice;
(H) visitation and contact with family members
(regardless of their immigration status) which is
structured to encourage such visitation. The staff
shall respect the minor's privacy while reasonably
preventing the unauthorized release of the minor;
(I) family reunification services designed to
identify relatives in the United States as well as in
foreign countries and assistance in obtaining legal
guardianship when necessary for the release of the
minor; and
(J) legal services information regarding the
availability of free legal assistance, the right to be
represented by counsel at no expense to the government,
the right to a deportation or exclusion hearing before
an immigration judge, the right to apply for political
asylum or to request voluntary departure in lieu of
deportation;
(4) if the Secretary determines that a contractor or
grantee is not in compliance with any of the requirements set
forth in paragraph (3), the Secretary shall not permit such
contractor or grantee to continue to provide services beyond a
reasonable period, not to exceed 60 days, needed to award a
contract or grant to a new service provider, and the incumbent
contractor or grantee shall not be eligible to compete for the
new contract or grant;
(5) not more than three consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(6) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of June 15, 2019;
(7) 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;
(8) 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; and
(9) the amounts provided by this section are 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.
Sec. 305. In addition to the existing Congressional notification
requirements 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. 306. (a) The Secretary shall ensure that, when feasible, no
unaccompanied alien child is at an unlicensed facility if the child is
not expected to be placed with a sponsor within 30 days.
(b) The Secretary shall ensure that no unaccompanied alien child is
at an unlicensed facility if the child--
(1) is under the age of 13;
(2) does not speak English or Spanish as his or her
preferred language;
(3) has known special needs, behavioral health issues, or
medical issues that would be better served at an alternative
facility;
(4) is a pregnant or parenting teen; or
(5) would have a diminution of legal services as a result
of the transfer to such an unlicensed facility.
(c) ORR shall notify a child's attorney of record in advance of any
transfer, where applicable.
Sec. 307. 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 nothing in this section shall be
construed to require such a Senator or Member to provide prior notice
of the intent to enter such a facility for such purpose.
Sec. 308. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary of Health and Human
Services 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.
(2) The documented cause of separation, as reported by DHS
when each child was referred.
Sec. 309. Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services 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 expire.
Sec. 310. The Office of Refugee Resettlement shall ensure that its
grantees are aware of current law regarding the use of information
collected as part of the sponsor vetting process.
Sec. 311. The Secretary is directed to report the death of any
unaccompanied alien child in Office of Refugee Resettlement (ORR)
custody or in the custody of any grantee on behalf of ORR within 24
hours, including relevant details regarding the circumstances of the
fatality, to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 312. Notwithstanding any other provision of law, 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 only be used for the purposes specifically
described under that heading.
Sec. 313. (a) The Secretary of Health and Human Services shall
ensure that no unaccompanied alien child (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)))
spends more than 90 days, in the aggregate, at an unlicensed facility.
(b) Not later than 45 days after the date of enactment of this Act,
the Secretary shall ensure transfer to a State-licensed facility for
any unaccompanied alien child who has been at an unlicensed facility
for longer than 90 days.
(c) Subsections (a) and (b) shall not apply to an unaccompanied
alien child when the Secretary determines that a potential sponsor had
been identified and the unaccompanied alien child is expected to be
placed with the sponsor within 30 days.
(d) Notwithstanding subsections (a) and (b), if the Secretary
determines there is insufficient space available at State-licensed
facilities to transfer an unaccompanied alien child who has been at an
unlicensed facility for longer than 90 days, the Secretary shall submit
a written justification to the Committees on Appropriations of the
House of Representatives and the Senate, and shall submit a summary
every two weeks, disaggregated by influx facility, on the number of
unaccompanied alien children at each influx facility longer than 90
days, with a summary of both the status of placement and the transfer
efforts for all children who have been in care for longer than 90 days.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. (a) Fiscal Year 2017.--Funds made available by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) that were
initially obligated for assistance for El Salvador, Guatemala, and
Honduras may not be reprogrammed after the date of enactment of this
Act for assistance for a country other than for which such funds were
initially obligated: Provided, That if the Secretary of State suspends
assistance for the central government of El Salvador, Guatemala, or
Honduras pursuant to section 7045(a)(5) of such Act, not less than 75
percent of the funds for such central government shall be reprogrammed
for assistance through nongovernmental organizations or local
government entities in such country: Provided further, That the balance
of such funds shall only be reprogrammed for assistance for countries
in the Western Hemisphere.
(b) Fiscal Year 2018.--Section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141) is amended by striking paragraph
(4)(D) and inserting in lieu of paragraph (1) the following paragraph:
``(1) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, not less than $615,000,000 shall be made available
for assistance for countries in Central America, of which not
less than $452,000,000 shall be for assistance for El Salvador,
Guatemala, and Honduras to implement the United States Strategy
for Engagement in Central America (the Strategy): Provided,
That such amounts shall be made available notwithstanding any
provision of law permitting deviations below such amounts:
Provided further, That if the Secretary of State cannot make
the certifications under paragraph (3), or makes a
determination under paragraph (4)(A) or (4)(C) that the central
government of El Salvador, Guatemala, or Honduras is not
meeting the requirements of this subsection, not less than 75
percent of the funds for such central government shall be
reprogrammed for assistance through nongovernmental
organizations or local government entities in such country:
Provided further, That the balance of such funds shall only be
reprogrammed for assistance for countries in the Western
Hemisphere.''.
(c) Fiscal Year 2019.--Section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6) is amended by striking paragraph
(2)(C) and inserting at the end, between paragraph (4)(B) and
subsection (b), the following new paragraph:
``(5) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, not less than $540,850,000 shall be made available
for assistance for countries in Central America, of which not
less than $452,000,000 shall be made available for assistance
for El Salvador, Guatemala, and Honduras to implement the
United States Strategy for Engagement in Central America:
Provided, That such amounts shall be made available
notwithstanding any provision of law permitting deviations
below such amounts: Provided further, That if the Secretary of
State cannot make the certification under paragraph (1), or
makes a determination under paragraph (2) that the central
government of El Salvador, Guatemala, or Honduras is not
meeting the requirements of this subsection, not less than 75
percent of the funds for such central government shall be
reprogrammed for assistance through nongovernmental
organizations or local government entities in such country:
Provided further, That the balance of such funds shall only be
reprogrammed for assistance for countries in the Western
Hemisphere.''.
Sec. 402. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 403. 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. 404. 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. 405. 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. 406. Any amount appropriated by this Act, 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 and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
This Act may be cited as the ``Emergency Supplemental
Appropriations for Humanitarian Assistance and Security at the Southern
Border Act, 2019''.
Passed the House of Representatives June 25, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.