    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-26
    116th Congress

    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.

    [[Page 1019]]

    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:

    [[Page 1020]]

    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

    [[Page 1021]]

    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

    [[Page 1022]]

    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

    [[Page 1023]]

    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

    [[Page 1024]]

    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.

    [[Page 1025]]

    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:

    [[Page 1026]]

    (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,

    [[Page 1027]]

    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''.

    Approved July 1, 2019.

    LEGISLATIVE HISTORY--H.R. 3401:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 165 (2019):
    June 25, considered and passed House.
    June 26, considered and passed Senate, amended.
    June 27, House concurred in Senate amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
    July 1, Presidential remarks.