In the Senate of the United States, 

June 26, 2019. 

Resolved, That the bill from the House of Representatives (H.R. 3401) entitled ‘‘An Act making emergency supplemental appropriations for the fiscal year ending September 

30, 2019, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2019, and for other pur4 poses, namely: 

5 TITLE I 

6 DEPARTMENT OF JUSTICE 

7 GENERAL ADMINISTRATION

8 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

9 For an additional amount for ‘‘Executive Office for 

10 Immigration Review’’, $65,000,000, of which $45,000,000 
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1 shall be for the hiring of 30 additional Immigration Judge 

2 Teams, of which $10,000,000 shall be used for the purchase 

3 or lease of immigration judge courtroom space and equip4 ment, and of which $10,000,000 shall be used only for serv5 ices and activities provided by the Legal Orientation Pro6 gram: Provided, That Immigration Judge Teams shall in7 clude appropriate attorneys, law clerks, paralegals, court 

8 administrators, and other support staff: Provided further, 

9 That such amount is designated by the Congress as being 

10 for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 UNITED STATES MARSHALS SERVICE

14 FEDERAL PRISONER DETENTION

15 For an additional amount for ‘‘Federal Prisoner De16 tention’’, for necessary expenses related to United States 

17 prisoners in the custody of the United States Marshals Serv18 ice, to be used only as authorized by section 4013 of title 

19 18, United States Code, $155,000,000, to remain available 

20 until expended: Provided, That such amount is designated 

21 by the Congress as being for an emergency requirement pur22 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 
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† HR 3401 EAS 

1 TITLE II 

2 DEPARTMENT OF DEFENSE 

3 OPERATION AND MAINTENANCE

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and Mainte6 nance, Army’’, $92,800,000, for necessary expenses to re7 spond to the significant rise in unaccompanied minors and 

8 family unit aliens at the southwest border and related ac9 tivities: Provided, That such amount is designated by the 

10 Congress as being for an emergency requirement pursuant 

11 to section 251(b)(2)(A)(i) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For an additional amount for ‘‘Operation and Mainte15 nance, Marine Corps’’, $13,025,000, for necessary expenses 

16 to respond to the significant rise in unaccompanied minors 

17 and family unit aliens at the southwest border and related 

18 activities: Provided, That such amount is designated by the 

19 Congress as being for an emergency requirement pursuant 

20 to section 251(b)(2)(A)(i) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985. 

22 OPERATION AND MAINTENANCE, AIR FORCE

23 For an additional amount for ‘‘Operation and Mainte24 nance, Air Force’’, $18,000,000, for necessary expenses to 

25 respond to the significant rise in unaccompanied minors 
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† HR 3401 EAS 

1 and family unit aliens at the southwest border and related 

2 activities: Provided, That such amount is designated by the 

3 Congress as being for an emergency requirement pursuant 

4 to section 251(b)(2)(A)(i) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

7 For an additional amount for ‘‘Operation and Mainte8 nance, Army National Guard’’, $21,024,000, for necessary 

9 expenses to respond to the significant rise in unaccom10 panied minors and family unit aliens at the southwest bor11 der and related activities: Provided, That such amount is 

12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 

15 TITLE III 

16 DEPARTMENT OF HOMELAND SECURITY 

17 U.S. CUSTOMS AND BORDER PROTECTION

18 OPERATIONS AND SUPPORT

19 For an additional amount for ‘‘Operations and Sup20 port’’ for necessary expenses to respond to the significant 

21 rise in aliens at the southwest border and related activities, 

22 $1,015,431,000; of which $819,950,000 shall be available 

23 until September 30, 2020: Provided, That of the amounts 

24 provided under this heading, $708,000,000 is for estab25 lishing and operating migrant care and processing facili-
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† HR 3401 EAS 

1 ties, $111,950,000 is for consumables and medical care, 

2 $35,000,000 is for transportation, $110,481,000 is for tem3 porary duty and overtime costs including reimbursements, 

4 and $50,000,000 is for mission support data systems and 

5 analysis: Provided further, That such amount is designated 

6 by the Congress as being for an emergency requirement pur7 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

10 For an additional amount for ‘‘Procurement, Con11 struction, and Improvements’’ for migrant care and proc12 essing facilities, $85,000,000, to remain available until 

13 September 30, 2023: Provided, That such amount is des14 ignated by the Congress as being for an emergency require15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985. 

17 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

18 OPERATIONS AND SUPPORT

19 For an additional amount for ‘‘Operations and Sup20 port’’ for necessary expenses to respond to the significant 

21 rise in aliens at the southwest border and related activities, 

22 $208,945,000: Provided, That of the amounts provided 

23 under this heading, $35,943,000 is for transportation of un24 accompanied alien children, $11,981,000 is for detainee 

25 transportation for medical needs, court proceedings, or relo-
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† HR 3401 EAS 

1 cation from U.S. Customs and Border Protection custody, 

2 $20,000,000 is for alternatives to detention, $45,000,000 is 

3 for detainee medical care, $69,735,000 is for temporary 

4 duty, overtime, and other on-board personnel costs includ5 ing reimbursements, $5,000,000 is for the Office of Profes6 sional Responsibility for background investigations and fa7 cility inspections, and $21,286,000 is for Homeland Secu8 rity Investigations human trafficking investigations: Pro9 vided further, That such amount is designated by the Con10 gress as being for an emergency requirement pursuant to 

11 section 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 FEDERAL ASSISTANCE

15 For an additional amount for ‘‘Federal Assistance’’, 

16 $30,000,000, to remain available until September 30, 2020, 

17 for the emergency food and shelter program under title III 

18 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

19 11331 et seq.) for the purposes of providing assistance to 

20 aliens released from the custody of the Department of Home21 land Security: Provided, That notwithstanding sections 315 

22 and 316(b) of such Act, funds made available under this 

23 section shall be disbursed by the Emergency Food and Shel24 ter Program National Board not later than 30 days after 

25 the date on which such funds become available: Provided 
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† HR 3401 EAS 

1 further, That the Emergency Food and Shelter Program 

2 National Board shall distribute such funds only to jurisdic3 tions or local recipient organizations serving communities 

4 that have experienced a significant influx of such aliens: 

5 Provided further, That such funds may be used to reimburse 

6 such jurisdictions or local recipient organizations for costs 

7 incurred in providing services to such aliens on or after 

8 January 1, 2019: Provided further, That such amount is 

9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 GENERAL PROVISIONS—THIS TITLE 

13 SEC. 301. Notwithstanding any other provision of law, 

14 funds made available under each heading in this title shall 

15 only be used for the purposes specifically described under 

16 that heading. 

17 SEC. 302. Division A of the Consolidated Appropria18 tions Act, 2019 (Public Law 116–6) is amended by adding 

19 after section 540 the following: 

20 ‘‘SEC. 541. (a) Section 831 of the Homeland Security 

21 Act of 2002 (6 U.S.C. 391) shall be applied— 

22 ‘‘(1) In subsection (a), by substituting ‘Sep23 tember 30, 2019,’ for ‘September 30, 2017,’; and 

24 ‘‘(2) In subsection (c)(1), by substituting ‘Sep25 tember 30, 2019,’ for ‘September 30, 2017’. 
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† HR 3401 EAS 

1 ‘‘(b) The Secretary of Homeland Security, under the 

2 authority of section 831 of the Homeland Security Act of 

3 2002 (6 U.S.C. 391(a)), may carry out prototype projects 

4 under section 2371b of title 10, United States Code, and 

5 the Secretary shall perform the functions of the Secretary 

6 of Defense as prescribed. 

7 ‘‘(c) The Secretary of Homeland Security under sec8 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 

9 391(d)) may use the definition of nontraditional govern10 ment contractor as defined in section 2371b(e) of title 10, 

11 United States Code.’’. 

12 SEC. 303. None of the funds provided in this Act under 

13 ‘‘U.S. Customs and Border Protection—Operations and 

14 Support’’ for facilities shall be available until U.S. Customs 

15 and Border Protection establishes policies (via directive, 

16 procedures, guidance, and/or memorandum) and training 

17 programs to ensure that such facilities adhere to the Na18 tional Standards on Transport, Escort, Detention, and 

19 Search, published in October of 2015: Provided, That not 

20 later than 90 days after the date of enactment of this Act, 

21 U.S. Customs and Border Protection shall provide a de22 tailed report to the Committees on Appropriations of the 

23 Senate and the House of Representatives, the Committee on 

24 the Judiciary of the Senate, and the House Judiciary Com-
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† HR 3401 EAS 

1 mittee regarding the establishment and implementation of 

2 such policies and training programs. 

3 SEC. 304. No later than 30 days after the date of enact4 ment of this Act, the Secretary of Homeland Security shall 

5 provide a report on the number of U.S. Customs and Border 

6 Protection Officers assigned to northern border land ports 

7 of entry and temporarily assigned to the ongoing humani8 tarian crisis: Provided, That the report shall outline what 

9 resources and conditions would allow a return to northern 

10 border staffing levels that are no less than the number com11 mitted in the June 12, 2018 Department of Homeland Se12 curity Northern Border Strategy: Provided further, That 

13 the report shall include the number of officers temporarily 

14 assigned to the southwest border in response to the ongoing 

15 humanitarian crisis, the number of days the officers will 

16 be away from their northern border assignment, the north17 ern border ports from which officers are being assigned to 

18 the southwest border, and efforts being made to limit the 

19 impact on operations at each northern border land port of 

20 entry where officers have been temporarily assigned to the 

21 southwest border. 

22 SEC. 305. None of the funds appropriated or otherwise 

23 made available by this Act or division A of the Consolidated 

24 Appropriations Act, 2019 (Public Law 116–6) for the De25 partment of Homeland Security may be used to relocate 
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1 to the National Targeting Center the vetting of Trusted 

2 Traveler Program applications and operations currently 

3 carried out at existing locations unless specifically author4 ized by a statute enacted after the date of enactment of this 

5 Act. 

6 SEC. 306. The personnel, supplies, or equipment of any 

7 component of the Department of Homeland Security may 

8 be deployed to support activities of the Department of 

9 Homeland Security related to the significant rise in aliens 

10 at the southwest border and related activities, and for the 

11 enforcement of immigration and customs laws, detention 

12 and removals of aliens crossing the border unlawfully, and 

13 investigations without reimbursement as jointly agreed by 

14 the detailing components. 

15 TITLE IV 

16 DEPARTMENT OF HEALTH AND HUMAN 

17 SERVICES 

18 ADMINISTRATION FOR CHILDREN AND FAMILIES

19 REFUGEE AND ENTRANT ASSISTANCE

20 For an additional amount for ‘‘Refugee and Entrant 

21 Assistance’’, $2,881,552,000, to be merged with and avail22 able for the same period as funds appropriated in Public 

23 Law 115–245 ‘‘for carrying out such sections 414, 501, 462, 

24 and 235’’, which shall be available for any purpose funded 

25 under such heading in such law: Provided, That if any part 
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† HR 3401 EAS 

1 of the reprogramming described in the notification sub2 mitted by the Secretary of Health and Human Services (the 

3 ‘‘Secretary’’) to the Committees on Appropriations of the 

4 House of Representatives and the Senate on May 16, 2019 

5 has been executed, such amounts provided by this Act as 

6 are necessary shall be used to reverse such reprogramming: 

7 Provided further, That amounts allocated by the Secretary 

8 for costs of leases of property that include facilities to be 

9 used as hard-sided dormitories for which the Secretary in10 tends to seek State licensure for the care of unaccompanied 

11 alien children, and that are executed under authorities 

12 transferred to the Director of the Office of Refugee Resettle13 ment (ORR) under section 462 of the Homeland Security 

14 Act of 2002, shall remain available until expended: Pro15 vided further, That ORR shall notify the Committees on 

16 Appropriations of the House of Representatives and the 

17 Senate within 72 hours of conducting a formal assessment 

18 of a facility for possible lease or acquisition and within 7 

19 days of any acquisition or lease of real property: Provided 

20 further, That not less than $866,000,000 of amounts pro21 vided under this heading shall be used for the provision of 

22 care in licensed shelters and for expanding the supply of 

23 shelters for which State licensure will be sought, of which 

24 not less than $27,000,000 shall be available for the purposes 

25 of adding shelter beds in State-licensed facilities in response 
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† HR 3401 EAS 

1 to funding opportunity HHS–2017–ACF–ORR–ZU–1132, 

2 and of which not less than $185,000,000 shall be available 

3 for expansion grants to add beds in State-licensed facilities 

4 and open new State-licensed facilities, and for contract 

5 costs to acquire, activate, and operate facilities that will 

6 include small- and medium-scale hard-sided facilities for 

7 which the Secretary intends to seek State licensure in an 

8 effort to phase out the need for shelter beds in unlicensed 

9 facilities: Provided further, That not less than $100,000,000 

10 of amounts provided under this heading shall be used for 

11 post-release services, child advocates, and legal services: 

12 Provided further, That not less than $8,000,000 of amounts 

13 provided under this heading shall be used for the purposes 

14 of hiring additional Federal Field Specialists and for in15 creasing case management and case coordination services, 

16 with the goal of more expeditiously placing unaccompanied 

17 alien children with sponsors and reducing the length of stay 

18 in ORR custody: Provided further, That not less than 

19 $1,000,000 of amounts provided under this heading shall 

20 be used for the purposes of hiring project officers and pro21 gram monitor staff dedicated to pursuing strategic improve22 ments to the Unaccompanied Alien Children program and 

23 for the development of a discharge rate improvement plan 

24 which shall be submitted to the Committees on Appropria25 tions of the House of Representatives and the Senate within 
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† HR 3401 EAS 

1 120 days of enactment of this Act: Provided further, That 

2 of the amounts provided under this heading, $5,000,000 

3 shall be transferred to ‘‘Office of the Secretary—Office of 

4 Inspector General’’ and shall remain available until ex5 pended for oversight of activities supported with funds ap6 propriated under this heading: Provided further, That such 

7 amount is designated by the Congress as being for an emer8 gency requirement pursuant to section 251(b)(2)(A)(i) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 GENERAL PROVISIONS—THIS TITLE 

12 SEC. 401. The Secretary of Health and Human Serv13 ices (the ‘‘Secretary’’) shall prioritize use of community14 based residential care (including long-term and transi15 tional foster care and small group homes) and shelter care 

16 other than large-scale institutional shelter facilities to house 

17 unaccompanied alien children in its custody. The Secretary 

18 shall prioritize State-licensed and hard-sided dormitories. 

19 SEC. 402. The Office of Refugee Resettlement shall en20 sure that its grantees and, to the greatest extent practicable, 

21 potential sponsors of unaccompanied alien children are 

22 aware of current law regarding the use of information col23 lected as part of the sponsor suitability determination proc24 ess. 
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† HR 3401 EAS 

1 SEC. 403. (a) None of the funds provided by this or 

2 any prior appropriations Act may be used to reverse 

3 changes in procedures made by operational directives issued 

4 to providers by the Office of Refugee Resettlement on Decem5 ber 18, 2018, March 23, 2019, and June 10, 2019 regarding 

6 the Memorandum of Agreement on Information Sharing ex7 ecuted April 13, 2018. 

8 (b) Notwithstanding subsection (a), the Secretary may 

9 make changes to such operational directives upon making 

10 a determination that such changes are necessary to prevent 

11 unaccompanied alien children from being placed in danger, 

12 and the Secretary shall provide a written justification to 

13 Congress and the Inspector General of the Department of 

14 Health and Human Services in advance of implementing 

15 such changes. 

16 (c) Within 15 days of the Secretary’s communication 

17 of the justification, the Inspector General of the Department 

18 of Health and Human Services shall provide an assessment, 

19 in writing, to the Secretary and to Committees on Appro20 priations of the House of Representatives and the Senate 

21 of whether such changes to operational directives are nec22 essary to prevent unaccompanied children from being 

23 placed in danger. 

24 SEC. 404. None of the funds made available in this 

25 Act under the heading ‘‘Department of Health and Human 
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† HR 3401 EAS 

1 Services—Administration for Children and Families—Ref2 ugee and Entrant Assistance’’ may be obligated to a grantee 

3 or contractor to house unaccompanied alien children (as 

4 such term is defined in section 462(g)(2) of the Homeland 

5 Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility 

6 that is not State-licensed for the care of unaccompanied 

7 alien children, except in the case that the Secretary deter8 mines that housing unaccompanied alien children in such 

9 a facility is necessary on a temporary basis due to an influx 

10 of such children or an emergency, provided that— 

11 (1) the terms of the grant or contract for the op12 erations of any such facility that remains in oper13 ation for more than six consecutive months shall re14 quire compliance with— 

15 (A) the same requirements as licensed place16 ments, as listed in Exhibit 1 of the Flores Settle17 ment Agreement that the Secretary determines 

18 are applicable to non-State licensed facilities; 

19 and 

20 (B) staffing ratios of one (1) on-duty Youth 

21 Care Worker for every eight (8) children or youth 

22 during waking hours, one (1) on-duty Youth 

23 Care Worker for every sixteen (16) children or 

24 youth during sleeping hours, and clinician ratios 
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† HR 3401 EAS 

1 to children (including mental health providers) 

2 as required in grantee cooperative agreements; 

3 (2) the Secretary may grant a 60-day waiver for 

4 a contractor’s or grantee’s non-compliance with para5 graph (1) if the Secretary certifies and provides a re6 port to Congress on the contractor’s or grantee’s good7 faith efforts and progress towards compliance; 

8 (3) not more than four consecutive waivers under 

9 paragraph (2) may be granted to a contractor or 

10 grantee with respect to a specific facility; 

11 (4) ORR shall ensure full adherence to the moni12 toring requirements set forth in section 5.5 of its Poli13 cies and Procedures Guide as of May 15, 2019; 

14 (5) for any such unlicensed facility in operation 

15 for more than three consecutive months, ORR shall 

16 conduct a minimum of one comprehensive monitoring 

17 visit during the first three months of operation, with 

18 quarterly monitoring visits thereafter; and 

19 (6) not later than 60 days after the date of en20 actment of this Act, ORR shall brief the Committees 

21 on Appropriations of the House of Representatives 

22 and the Senate outlining the requirements of ORR for 

23 influx facilities including any requirement listed in 

24 paragraph (1)(A) that the Secretary has determined 

25 are not applicable to non-State licensed facilities. 
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† HR 3401 EAS 

1 SEC. 405. In addition to the existing Congressional no2 tification for formal site assessments of potential influx fa3 cilities, the Secretary shall notify the Committees on Appro4 priations of the House of Representatives and the Senate 

5 at least 15 days before operationalizing an unlicensed facil6 ity, and shall (1) specify whether the facility is hard-sided 

7 or soft-sided, and (2) provide analysis that indicates that, 

8 in the absence of the influx facility, the likely outcome is 

9 that unaccompanied alien children will remain in the cus10 tody of the Department of Homeland Security for longer 

11 than 72 hours or that unaccompanied alien children will 

12 be otherwise placed in danger. Within 60 days of bringing 

13 such a facility online, and monthly thereafter, the Secretary 

14 shall provide to the Committees on Appropriations of the 

15 House of Representatives and the Senate a report detailing 

16 the total number of children in care at the facility, the aver17 age length of stay and average length of care of children 

18 at the facility, and, for any child that has been at the facil19 ity for more than 60 days, their length of stay and reason 

20 for delay in release. 

21 SEC. 406. (a) The Secretary shall ensure that, when 

22 feasible, no unaccompanied alien child is at an unlicensed 

23 facility if the child— 

24 (1) is not expected to be placed with a sponsor 

25 within 30 days; 
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† HR 3401 EAS 

1 (2) is under the age of 13; 

2 (3) does not speak English or Spanish as his or 

3 her preferred language; 

4 (4) has known special needs, behavioral health 

5 issues, or medical issues that would be better served 

6 at an alternative facility; 

7 (5) is a pregnant or parenting teen; or 

8 (6) would have a diminution of legal services as 

9 a result of the transfer to such an unlicensed facility. 

10 (b) ORR shall notify a child’s attorney of record in 

11 advance of any transfer, where applicable. 

12 SEC. 407. None of the funds made available in this 

13 Act may be used to prevent a United States Senator or 

14 Member of the House of Representatives from entering, for 

15 the purpose of conducting oversight, any facility in the 

16 United States used for the purpose of maintaining custody 

17 of, or otherwise housing, unaccompanied alien children (as 

18 defined in section 462(g)(2) of the Homeland Security Act 

19 of 2002 (6 U.S.C. 279(g)(2))), provided that such Senator 

20 or Member has coordinated the oversight visit with the Of21 fice of Refugee Resettlement not less than two business days 

22 in advance to ensure that such visit would not interfere 

23 with the operations (including child welfare and child safe24 ty operations) of such facility. 
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† HR 3401 EAS 

1 SEC. 408. Not later than 14 days after the date of en2 actment of this Act, and monthly thereafter, the Secretary 

3 shall submit to the Committees on Appropriations of the 

4 House of Representatives and the Senate, and make pub5 licly available online, a report with respect to children who 

6 were separated from their parents or legal guardians by the 

7 Department of Homeland Security (DHS) (regardless of 

8 whether or not such separation was pursuant to an option 

9 selected by the children, parents, or guardians), subse10 quently classified as unaccompanied alien children, and 

11 transferred to the care and custody of ORR during the pre12 vious month. Each report shall contain the following infor13 mation: 

14 (1) the number and ages of children so separated 

15 subsequent to apprehension at or between ports of 

16 entry, to be reported by sector where separation oc17 curred; and 

18 (2) the documented cause of separation, as re19 ported by DHS when each child was referred. 

20 SEC. 409. Funds made available in this Act under the 

21 heading ‘‘Department of Health and Human Services—Ad22 ministration for Children and Families—Refugee and En23 trant Assistance’’ shall be subject to the authorities and con24 ditions of section 224 of division A of the Consolidated Ap25 propriations Act, 2019 (Public Law 116–6). 
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† HR 3401 EAS 

1 SEC. 410. Not later than 30 days after the date of en2 actment of this Act, the Secretary shall submit to the Com3 mittees on Appropriations of the House of Representatives 

4 and the Senate a detailed spend plan of anticipated uses 

5 of funds made available in this account, including the fol6 lowing: a list of existing grants and contracts for both per7 manent and influx facilities, including their costs, capacity, 

8 and timelines; costs for expanding capacity through the use 

9 of community-based residential care placements (including 

10 long-term and transitional foster care and small group 

11 homes) through new or modified grants and contracts; cur12 rent and planned efforts to expand small-scale shelters and 

13 available foster care placements, including collaboration 

14 with state child welfare providers; influx facilities being as15 sessed for possible use, costs and services to be provided for 

16 legal services, child advocates, and post release services; pro17 gram administration; and the average number of weekly re18 ferrals and discharge rate assumed in the spend plan: Pro19 vided, That such plan shall be updated to reflect changes 

20 and expenditures and submitted to the Committees on Ap21 propriations of the House of Representatives and the Senate 

22 every 60 days until all funds are expended or expired. 
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† HR 3401 EAS 

1 TITLE V 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 501. Each amount appropriated or made avail4 able by this Act is in addition to amounts otherwise appro5 priated for the fiscal year involved. 

6 SEC. 502. No part of any appropriation contained in 

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly so provided herein. 

9 SEC. 503. Unless otherwise provided for by this Act, 

10 the additional amounts appropriated by this Act to appro11 priations accounts shall be available under the authorities 

12 and conditions applicable to such appropriations accounts 

13 for fiscal year 2019. 

14 SEC. 504. Each amount designated in this Act by the 

15 Congress as being for an emergency requirement pursuant 

16 to section 251(b)(2)(A)(i) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985 shall be available 

18 (or rescinded or transferred, if applicable) only if the Presi19 dent subsequently so designates all such amounts and trans20 mits such designations to the Congress. 

21 SEC. 505. Any amount appropriated by this Act, des22 ignated by the Congress as an emergency requirement pur23 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985 and subsequently 

25 so designated by the President, and transferred pursuant 
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† HR 3401 EAS 

1 to transfer authorities provided by this Act shall retain such 

2 designation. 

3 SEC. 506. Not later than 180 days after the date of 

4 the enactment of this Act, the Comptroller General of the 

5 United States shall submit a report to the Committees on 

6 Appropriations of the House of Representatives and the 

7 Senate on the number of asylum officers and immigration 

8 judges, including temporary immigration judges, and the 

9 corresponding number of support staff necessary— 

10 (1) to fairly and effectively make credible fear 

11 determinations with respect to individuals within 

12 family units and unaccompanied alien children; 

13 (2) to ensure that the credible fear determination 

14 and asylum interview is completed not later than 20 

15 days after the date on which a family unit is appre16 hended; and 

17 (3) to fairly and effectively review appeals of 

18 credible fear determinations with respect to individ19 uals within family units and unaccompanied alien 

20 children. 

21 In addition, the report shall determine if there is any phys22 ical infrastructure such as hearing or courtroom space need23 ed to achieve these goals. 
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† HR 3401 EAS 

1 This Act may be cited as the ‘‘Emergency Supple2 mental Appropriations for Humanitarian Assistance and 

3 Security at the Southern Border Act, 2019’’. 

Attest: 

Secretary. 
116TH CONGRESS 

1ST SESSION H.R. 3401 

AMENDMENT