[Congressional Record Volume 165, Number 108 (Wednesday, June 26, 2019)]
[Senate]
[Pages S4580-S4584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 900. Mr. TOOMEY (for himself, Mr. Jones, and Mrs. Capito) 
submitted an amendment intended to be proposed to amendment SA 861 
proposed by Mr. McConnell (for Mr. Romney) to the amendment SA 764 
proposed by Mr. Inhofe to the bill S. 1790, to authorize appropriations 
for fiscal year 2020 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BLOCKING FENTANYL IMPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Blocking Deadly Fentanyl Imports Act''.
       (b) Definitions.--Section 481(e) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2291(e)) is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``in which'';
       (B) in subparagraph (A), by inserting ``in which'' before 
     ``1,000'';
       (C) in subparagraph (B)--
       (i) by inserting ``in which'' before ``1,000''; and
       (ii) by striking ``or'' at the end;
       (D) in subparagraph (C)--
       (i) by inserting ``in which'' before ``5,000''; and
       (ii) by inserting ``or'' after the semicolon; and
       (E) by adding at the end the following:
       ``(D) that is a significant source of illicit synthetic 
     opioids and related illicit precursors significantly 
     affecting the United States;''; and
       (2) in paragraph (4)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by adding ``and'' at the end; and
       (C) by adding at the end the following:
       ``(E) assistance that furthers the objectives set forth in 
     paragraphs (1) through (4) of section 664(b) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 
     2151n-2(b));''.
       (c) International Narcotics Control Strategy Report.--
     Section 489(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)) is amended by adding at the end the 
     following:
       ``(9) A separate section that contains the following:
       ``(A) An identification of the countries, to the extent 
     feasible, that are the most significant sources of illicit 
     fentanyl and fentanyl analogues significantly affecting the 
     United States during the preceding calendar year.
       ``(B) A description of the extent to which each country 
     identified pursuant to subparagraph (A) has cooperated with 
     the United States to prevent the articles or chemicals 
     described in subparagraph (A) from being exported from such 
     country to the United States.
       ``(C) A description of whether each country identified 
     pursuant to subparagraph (A) has adopted and utilizes 
     scheduling or other procedures for illicit drugs that are 
     similar in effect to the procedures authorized under title II 
     of the Controlled Substances Act (21 U.S.C. 811 et seq.) for 
     adding drugs and other substances to the controlled 
     substances schedules;
       ``(D) A description of whether each country identified 
     pursuant to subparagraph (A) is following steps to prosecute 
     individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section 102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32)); and
       ``(E) A description of whether each country identified 
     pursuant to subparagraph (A) requires the registration of 
     tableting machines and encapsulating machines or other 
     measures similar in effect to the registration requirements 
     set forth in part 1310 of title 21, Code of Federal 
     Regulations, and has not made good faith efforts, in the 
     opinion of the Secretary, to improve regulation of tableting 
     machines and encapsulating machines.''.
       (d) Withholding of Bilateral and Multilateral Assistance.--
       (1) In general.--Section 490(a) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2291j(a)) is amended--
       (A) in paragraph (1), by striking ``or country identified 
     pursuant to clause (i) or (ii) of section 489(a)(8)(A) of 
     this Act'' and inserting ``country identified pursuant to 
     section 489(a)(8)(A), or country twice identified pursuant to 
     section 489(a)(9)(A)''; and
       (B) in paragraph (2), by striking ``or major drug-transit 
     country (as determined under subsection (h)) or country 
     identified pursuant to clause (i) or (ii) of section 
     489(a)(8)(A) of this Act'' and inserting ``, major drug-
     transit country, country identified pursuant to section 
     489(a)(8)(A), or country twice identified pursuant to section 
     489(a)(9)(A)''.
       (2) Designation of illicit fentanyl countries without 
     scheduling procedures.--Section 706(2) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 
     2291j-1(2)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``also'';
       (B) in subparagraph (A)(ii), by striking ``and'' at the 
     end;
       (C) by redesignating subparagraph (B) as subparagraph (E);
       (D) by inserting after subparagraph (A) the following:
       ``(B) designate each country, if any, identified under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that has failed to adopt and utilize 
     scheduling procedures for illicit drugs that are comparable 
     to the procedures authorized under title II of the Controlled 
     Substances Act (21 U.S.C. 811 et seq.) for adding drugs and 
     other substances to the controlled substances schedules;''; 
     and
       (E) in subparagraph (E), as redesignated, by striking ``so 
     designated'' and inserting ``designated under subparagraph 
     (A), (B), (C), or (D)''.
       (3) Designation of illicit fentanyl countries without 
     ability to prosecute criminals for the manufacture or 
     distribution of fentanyl analogues.--Section 706(2) of the 
     Foreign Relations Authorization Act, Fiscal Year 2003 (22 
     U.S.C. 2291j-1(2)), as amended by paragraph (2), is further 
     amended by inserting after subparagraph (B) the following:
       ``(C) designate each country, if any, identified under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that has not taken significant steps to 
     prosecute individuals involved in the illicit manufacture or 
     distribution of controlled substance analogues (as defined in 
     section

[[Page S4581]]

     102(32) of the Controlled Substances Act (21 U.S.C. 
     802(32));''.
       (4) Designation of illicit fentanyl countries that do not 
     require the registration of pill presses and tableting 
     machines.--Section 706(2) of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)), 
     as amended by paragraphs (2) and (3), is further amended by 
     inserting after subparagraph (C) the following:
       ``(D) designate each country, if any, identified under 
     section 489(a)(9) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291h(a)(9)) that--
       ``(i) does not require the registration of tableting 
     machines and encapsulating machines in a manner comparable to 
     the registration requirements set forth in part 1310 of title 
     21, Code of Federal Regulations; and
       ``(ii) has not made good faith efforts (in the opinion of 
     the Secretary) to improve the regulation of tableting 
     machines and encapsulating machines; and''.
       (5) Limitation on assistance for designated countries.--
     Section 706(3) of the Foreign Relations Authorization Act, 
     Fiscal Year 2003 (22 U.S.C. 2291j-1(3)) is amended by 
     striking ``also designated under paragraph (2) in the 
     report'' and inserting ``designated in the report under 
     paragraph (2)(A) or twice designated in the report under 
     subparagraph (B), (C), or (D) of paragraph (2)''.
       (6) Exception to the limitation on assistance.--Section 
     706(5) of the Foreign Relations Authorization Act, Fiscal 
     Year 2003 (22 U.S.C. 2291j-1(5)) is amended--
       (A) by redesignating subparagraph (C) as subparagraph (D);
       (B) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding paragraph (3), assistance to promote 
     democracy (as defined in section 481(e)(4)(E) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E))) shall be 
     provided to countries identified in a report under paragraph 
     (1) and designated under subparagraph (B), (C), or (D) of 
     paragraph (2), to the extent such countries are otherwise 
     eligible for such assistance, regardless of whether the 
     President reports to the appropriate congressional committees 
     in accordance with such paragraph.''; and
       (C) in subparagraph (D), as redesignated, by striking 
     ``section clause (i) or (ii) of'' and inserting ``clause (i) 
     or (ii) of section''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 901. Mr. SHELBY proposed an amendment to the bill H.R. 3401, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2019, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
     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.

[[Page S4582]]

  


                     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--

[[Page S4583]]

       (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''.
                                 ______
                                 
  SA 902. Mr. PAUL proposed an amendment to amendment SA 901 proposed 
by Mr. Shelby to the bill H.R. 3401, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2019, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OF THE UNOBLIGATED BALANCES FOR FISCAL YEAR 2019, 
                   THERE ARE HEREBY RESCINDED--

       (1) all of the amounts for the East-West Center;
       (2) all of the amounts for the Inter-American Foundation; 
     and
       (3) from the amounts appropriated under title III of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2019 (division F of Public Law 116-6), an 
     amount equal to the difference between $4,586,000,000 and the 
     sum of the amounts rescinded under paragraphs (1) and (2).
                                 ______
                                 
  SA 903. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 764 proposed by Mr. 
Inhofe to the bill S. 1790, to authorize

[[Page S4584]]

appropriations for fiscal year 2020 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle D of title III, add the following:

     SEC. 342. REPORT ON COSTS AND BENEFITS OF MAINTAINING A 
                   SPECIFIED NUMBER OF PRIMARY AIRCRAFT AUTHORIZED 
                   FOR EACH TYPE OF AIR FORCE SQUADRON.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on the costs and benefits of maintaining a specified number 
     of primary aircraft authorized for each type of Air Force 
     squadron.
       (b) Requirements for Air Force Reserve.--The report 
     required under subsection (a) shall specifically detail the 
     requirements for specialty mission units of the Air Force 
     Reserve.

                          ____________________