H. R. 3401 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and nineteen 

An Act 

Making emergency supplemental appropriations for the fiscal year ending September 

30, 2019, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated, for the fiscal year ending September 

30, 2019, and for other purposes, namely: 

TITLE I 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

For an additional amount for ‘‘Executive Office for Immigration 

Review’’, $65,000,000, of which $45,000,000 shall be for the hiring 

of 30 additional Immigration Judge Teams, of which $10,000,000 

shall be used for the purchase or lease of immigration judge courtroom space and equipment, and of which $10,000,000 shall be 

used only for services and activities provided by the Legal Orientation Program: Provided, That Immigration Judge Teams shall 

include appropriate attorneys, law clerks, paralegals, court administrators, and other support staff: Provided further, That such amount 

is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

UNITED STATES MARSHALS SERVICE

FEDERAL PRISONER DETENTION

For an additional amount for ‘‘Federal Prisoner Detention’’, 

for necessary expenses related to United States prisoners in the 

custody of the United States Marshals Service, to be used only 

as authorized by section 4013 of title 18, United States Code, 

$155,000,000, to remain available until expended: Provided, That 

such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 
H. R. 3401—2 

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: 
H. R. 3401—3 

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 
H. R. 3401—4 

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 
H. R. 3401—5 

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 
H. R. 3401—6 

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 
H. R. 3401—7 

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. 
H. R. 3401—8 

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: 
H. R. 3401—9 

(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 longterm 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, 
H. R. 3401—10 

and transferred pursuant to transfer authorities provided by this 

Act shall retain such designation. 

SEC. 506. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States 

shall submit a report to the Committees on Appropriations of the 

House of Representatives and the Senate on the number of asylum 

officers and immigration judges, including temporary immigration 

judges, and the corresponding number of support staff necessary— 

(1) to fairly and effectively make credible fear determinations with respect to individuals within family units and 

unaccompanied alien children; 

(2) to ensure that the credible fear determination and 

asylum interview is completed not later than 20 days after 

the date on which a family unit is apprehended; and 

(3) to fairly and effectively review appeals of credible fear 

determinations with respect to individuals within family units 

and unaccompanied alien children. 

In addition, the report shall determine if there is any physical 

infrastructure such as hearing or courtroom space needed to achieve 

these goals. 

This Act may be cited as the ‘‘Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern 

Border Act, 2019’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.