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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3401 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 3401

_______________________________________________________________________

                                 AN ACT

 
Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2019, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  That the following 
sums are appropriated, out of any money in the Treasury not otherwise 
appropriated,

              

 for the fiscal year ending September 30, 2019, and for other purposes, 
namely:

                                TITLE I

                         DEPARTMENT OF JUSTICE

                         General Administration

                executive office for immigration review

    For an additional amount for ``Executive Office for Immigration 
Review'', $17,000,000 to be used only for services and activities 
provided by the Legal Access Programs, of which not less than 
$2,000,000 shall be for the continued operation of the Immigration 
Court Helpdesk Program:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                     United States Marshals Service

                       federal prisoner detention

    For an additional amount for ``Federal Prisoner Detention'', 
$155,000,000 to be used only for the necessary expenses related to 
United States prisoners in the custody of the United States Marshals 
Service as authorized by section 4013 of title 18, United States Code: 
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE II

                    DEPARTMENT OF HOMELAND SECURITY

              Security, Enforcement, and Border Protection

                   U.S. Customs and Border Protection

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses to respond to the significant rise in aliens at the 
southwest border and related activities, $1,217,931,000, to remain 
available until September 30, 2020; of which $702,500,000 is for 
migrant processing facilities; of which $92,000,000 is for consumables; 
of which $19,950,000 is for medical assets and high risk support; of 
which $8,000,000 is for Federal Protective Service support; of which 
$35,000,000 is for transportation; of which $90,636,000 is for 
temporary duty and overtime costs; of which $19,845,000 is for 
reimbursements for temporary duty and overtime costs; and of which 
$50,000,000 is for mission support data systems and analysis: Provided, 
That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

              procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'' for migrant processing facilities, $85,000,000, to 
remain available until September 30, 2023: Provided, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses to respond to the significant rise in aliens at the 
southwest border and related activities, $128,238,000; of which 
$35,943,000 is for transportation of unaccompanied alien children; of 
which $11,981,000 is for detainee transportation for medical needs, 
court proceedings, or relocation to and from U.S. Customs and Border 
Protection custody; of which $5,114,000 is for reimbursements for 
overtime and temporary duty costs; of which $20,000,000 is for 
alternatives to detention; of which $45,000,000 is for detainee medical 
care; and of which $10,200,000 is for the Office of Professional 
Responsibility for background investigations and facility inspections: 
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                  Federal Emergency Management Agency

                           federal assistance

    For an additional amount for ``Federal Assistance'', $60,000,000, 
to remain available until September 30, 2020, for the emergency food 
and shelter program under Title III of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11331 et seq.) for the purposes of providing 
assistance to aliens released from the custody of the Department of 
Homeland Security: Provided, That notwithstanding Sections 315 and 
316(b) of such Act, funds made available under this section shall be 
disbursed by the Emergency Food and Shelter Program National Board not 
later than 30 days after the date on which such funds becomes 
available: Provided further, That the Emergency Food and Shelter 
Program National Board shall distribute such funds only to 
jurisdictions or local recipient organizations serving communities that 
have experienced a significant influx of such aliens: Provided further, 
That such funds may be used to reimburse such jurisdictions or local 
recipient organizations for costs incurred in providing services to 
such aliens on or after January 1, 2019: Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 201.  Notwithstanding any other provision of law, funds made 
available under each heading in this title shall only be used for the 
purposes specifically described under that heading.
    Sec. 202.  Division A of the Consolidated Appropriations Act, 2019 
(Public Law 116-6) is amended by adding after section 540 the 
following:
    ``Sec. 541. (a) Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) shall be applied--
            ``(1) in subsection (a), by substituting `September 30, 
        2019,' for `September 30, 2017,'; and
            ``(2) in subsection (c)(1), by substituting `September 30, 
        2019,' for `September 30, 2017'.
    ``(b) The Secretary of Homeland Security, under the authority of 
section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may 
carry out prototype projects under section 2371b of title 10, United 
States Code, and the Secretary shall perform the functions of the 
Secretary of Defense as prescribed.
    ``(c) The Secretary of Homeland Security under section 831 of the 
Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition 
of nontraditional government contractor as defined in section 2371b(e) 
of title 10, United States Code.''.
    Sec. 203. (a) The Secretary of the Department of Homeland Security 
shall establish policies and distribute written personnel guidance, as 
appropriate, not later than 60 days after the date of enactment of this 
Act on the following:
            (1) Providing private meeting space and video 
        teleconferencing access for individuals returned to Mexico 
        under the Migrant Protection Protocols to consult with legal 
        counsel, including prior to initial immigration court hearings.
            (2) Efforts, in consultation with the Department of State, 
        to address the housing, transportation, and security needs of 
        such individuals.
            (3) Efforts, in consultation with the Department of 
        Justice, to ensure that such individuals are briefed, in their 
        primary spoken language to the greatest extent possible, on 
        their legal rights and obligations prior to being returned to 
        Mexico.
            (4) Efforts, in consultation with the Department of 
        Justice, to prioritize the immigration proceedings of such 
        individuals.
            (5) The establishment of written policies defining 
        categories of vulnerable individuals who should not be so 
        returned.
    (b) For purposes of this section, the term ``Migrant Protection 
Protocols'' means the actions taken by the Secretary to implement the 
memorandum dated January 25, 2019 entitled ``Policy Guidance for the 
Implementation of the Migrant Protection Protocols''.
    (c) The amounts provided by this section are designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.
    Sec. 204.  None of the funds provided in this Act under ``U.S. 
Customs and Border Protection--Operations and Support'' for facilities 
shall be available until U.S. Customs and Border Protection establishes 
policies (via directive, procedures, guidance, and/or memorandum) and 
training programs to ensure that such facilities adhere to the National 
Standards on Transport, Escort, Detention, and Search, published in 
October of 2015: Provided, That not later than 90 days after the date 
of enactment of this Act, U.S. Customs and Border Protection shall 
provide a detailed report to the Committees on Appropriations of the 
Senate and the House of Representatives, the Committee on the Judiciary 
of the Senate, and the House Judiciary Committee regarding the 
establishment and implementation of such policies and training 
programs.
    Sec. 205.  No later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall provide a report on 
the number of U.S. Customs and Border Protection Officers assigned to 
Northern Border land ports of entry and temporarily assigned to the 
ongoing humanitarian crisis: Provided, That the report shall outline 
what resources and conditions would allow a return to northern border 
staffing levels that are no less than the number committed in the June 
12, 2018 Department of Homeland Security Northern Border Strategy: 
Provided further, That the report shall include the number of officers 
temporarily assigned to the southwest border in response to the ongoing 
humanitarian crisis, the number of days the officers will be away from 
their northern border assignment, the northern border ports from which 
officers are being assigned to the southwest border, and efforts being 
made to limit the impact on operations at each northern border land 
port of entry where officers have been temporarily assigned to the 
southwest border.
    Sec. 206.  None of the funds appropriated or otherwise made 
available by this Act or division A of the Consolidated Appropriations 
Act, 2019 (Public Law 116-6) for the Department of Homeland Security 
may be used to relocate to the National Targeting Center the vetting of 
Trusted Traveler Program applications and operations currently carried 
out at existing locations unless specifically authorized by a statute 
enacted after the date of enactment of this Act.
    Sec. 207. (a) Of the additional amount provided under ``U.S. 
Customs and Border Protection--Operations and Support'', $200,000,000 
is for a multi-agency, integrated, migrant processing center pilot 
program for family units and unaccompanied alien children, including 
the following:
            (1) Ongoing assessment and treatment efforts for physical 
        or mental health conditions, including development of a support 
        plan and services for each member of a vulnerable population.
            (2) Assessments of child protection and welfare needs.
            (3) Food, shelter, hygiene services and supplies, clothing, 
        and activities appropriate for the non-penal, civil detention 
        of families.
            (4) Personnel with appropriate training on caring for 
        families and vulnerable populations in a civil detention 
        environment.
            (5) Free telephonic communication access, including support 
        for contacting family members.
            (6) Direct access to legal orientation, legal 
        representation, and case management in private areas of the 
        center.
            (7) Credible fear and reasonable fear interviews conducted 
        by U.S. Citizenship and Immigration Services asylum officers in 
        private areas of the center.
            (8) Granting of asylum directly by U.S. Citizenship and 
        Immigration Services for manifestly well-founded or clearly 
        meritorious cases.
            (9) For family units not found removable prior to departure 
        from the center--
                    (A) release on own recognizance or placement in 
                alternatives to detention with case management; and
                    (B) coordinated transport to a respite shelter or 
                city of final destination.
            (10) For family units found removable prior to departure 
        from the center, safe return planning support by an immigration 
        case manager, including a consular visit to assist with 
        reintegration.
            (11) On-site operational support by non-governmental 
        organizations for the identification and protection of 
        vulnerable populations.
    (b) The Secretary shall notify the Committees on Appropriations of 
the Senate and the House of Representatives within 24 hours of any--
            (1) unaccompanied child placed in the pilot program whose 
        time in Department of Homeland Security custody exceeds 72 
        hours; and
            (2) family unit placed in the pilot program whose time in 
        such custody exceed exceeds 9 days.
    (c) Prior to the obligation of the amount identified in subsection 
(a), but not later than 30 days after the date of enactment of this 
Act, the Secretary shall submit a plan for the implementation of the 
pilot program to the Committees on Appropriations of the Senate and the 
House of Representatives which shall include a definition of vulnerable 
populations.
    Sec. 208.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall establish final 
plans, standards, and protocols to protect the health and safety of 
individuals in the custody of U.S. Customs and Border Protection, which 
shall include--
            (1) standards and response protocols for medical 
        assessments and medical emergencies;
            (2) requirements for ensuring the provision of water, 
        appropriate nutrition, hygiene, and sanitation needs;
            (3) standards for temporary holding facilities that adhere 
        to best practices for the care of children, which shall be in 
        compliance with the relevant recommendations in the Policy 
        Statement of the American Academy of Pediatrics entitled, 
        ``Detention of Immigrant Children'';
            (4) protocols for responding to surges of migrants crossing 
        the southern border or arriving at land ports of entry; and
            (5) required training for all Federal and contract 
        personnel who interact with migrants on the care and treatment 
        of individuals in civil detention.
    Sec. 209.  Not later than 120 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to the House 
of Representatives and the Senate a plan for ensuring access to 
appropriate translation services for all individuals encountered by 
U.S. Customs and Border Protection, U.S. Immigration and Customs 
Enforcement, and U.S. Citizenship and Immigration Services, including 
an estimate of related resource requirements and the feasibility and 
potential benefit of these components jointly procuring such services.

                               TITLE III

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

                     (including transfer of funds)

    For an additional amount for ``Refugee and Entrant Assistance'' 
$2,881,552,000, to be merged with and available for the same period as 
funds appropriated in division B of Public Law 115-245 and made 
available through fiscal year 2021 under this heading, and to be made 
available for any purpose funded under such heading in such law: 
Provided, That if any part of the reprogramming described in the 
notification submitted by the Secretary of Health and Human Services 
(the ``Secretary'') to the Committees on Appropriations of the House of 
Representatives and the Senate on May 16, 2019, has been executed as of 
the date of the enactment of this Act, such amounts provided by this 
Act as are necessary shall be used to reverse such reprogramming: 
Provided further, That of the amounts provided under this heading, the 
amount allocated by the Secretary for costs of leases of property that 
include facilities to be used as hard-sided dormitories for which the 
Secretary intends to seek State licensure for the care of unaccompanied 
alien children, and that are executed under authorities transferred to 
the Director of the Office of Refugee Resettlement (ORR) under section 
462 of the Homeland Security Act of 2002, shall remain available until 
expended: Provided further, That ORR shall notify the Committees on 
Appropriations of the House of Representatives and the Senate within 72 
hours of conducting a formal assessment of a facility for possible 
lease or acquisition and within 7 days of any lease or acquisition of 
real property: Provided further, That not less than $866,000,000 of the 
amounts provided under this heading shall be used for the provision of 
care in licensed shelters and for expanding the supply of shelters for 
which State licensure will be sought, of which not less than 
$27,000,000 shall be available for the purposes of adding shelter beds 
in State-licensed facilities in response to funding opportunity HHS-
2017-ACF-ORR-ZU-1132, and of which not less than $185,000,000 shall be 
available for expansion grants to add beds in State-licensed facilities 
and open new State-licensed facilities, and for contract costs to 
acquire, activate, and operate facilities that include small- and 
medium-scale hard-sided facilities for which the Secretary intends to 
seek State licensure in an effort to phase out the need for shelter 
beds in unlicensed facilities: Provided further, That not less than 
$100,000,000 of the amounts provided under this heading shall be used 
for post-release services, child advocates, and legal services: 
Provided further, That the amount made available for legal services in 
the preceding proviso shall be made available for the same purposes for 
which amounts were provided for such services in fiscal year 2017: 
Provided further, That not less than $8,000,000 of the amounts provided 
under this heading shall be used for the purposes of hiring additional 
Federal Field Specialists and for increasing case management and case 
coordination services, with the goal of more expeditiously placing 
unaccompanied alien children with sponsors and reducing the length of 
stay in ORR custody: Provided further, That not less than $1,000,000 of 
amounts provided under this heading shall be used for the purposes of 
hiring project officers and program monitor staff dedicated to pursuing 
strategic improvements to the Unaccompanied Alien Children program and 
for the development of a discharge rate improvement plan which shall be 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate within 120 days of the date of enactment 
of this Act: Provided further, That of the amounts provided under this 
heading, $5,000,000 shall be transferred to ``Office of the Secretary--
Office of Inspector General'' and shall remain available until expended 
for oversight of activities supported with funds appropriated under 
this heading: Provided further, That none of the funds made available 
under this heading may be transferred pursuant to the authority in 
section 205 of division B of Public Law 115-245: Provided further, That 
the amount provided under this heading is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 301.  The Secretary of Health and Human Services (the 
``Secretary'') shall prioritize use of community-based residential care 
(including long-term and transitional foster care and small group 
homes) and shelter care other than large-scale institutional shelter 
facilities to house unaccompanied alien children in the custody of the 
Department of Health and Human Services. The Secretary shall prioritize 
State-licensed, hard-sided dormitories.
    Sec. 302.  Funds made available in this Act under the heading 
``Department of Health and Human Services--Administration for Children 
and Families--Refugee and Entrant Assistance'' shall remain available 
for obligation only if the operational directives issued by the Office 
of Refugee Resettlement between December 1, 2018, and June 15, 2019, to 
accelerate the identification and approval of sponsors, remain in 
effect.
    Sec. 303.  Funds made available in this Act under the heading 
``Department of Health and Human Services--Administration for Children 
and Families--Refugee and Entrant Assistance'' shall be subject to the 
authorities and conditions of section 224 of division A of the 
Consolidated Appropriations Act, 2019 (Public Law 116-6).
    Sec. 304.  None of the funds made available in this Act under the 
heading ``Department of Health and Human Services--Administration for 
Children and Families--Refugee and Entrant Assistance'' may be 
obligated to a grantee or contractor to house unaccompanied alien 
children (as such term is defined in section 462(g)(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not 
State-licensed for the care of unaccompanied alien children, except in 
the case that the Secretary of Health and Human Services (the 
``Secretary'') determines that housing unaccompanied alien children in 
such a facility is necessary on a temporary basis due to an influx of 
such children or an emergency: Provided, That--
            (1) the terms of the grant or contract for the operations 
        of any such facility that remains in operation for more than 
        six consecutive months shall require compliance with--
                    (A) the same requirements as licensed placements, 
                as listed in Exhibit 1 of the Flores Settlement 
                Agreement, regardless of the status of the underlying 
                settlement agreement;
                    (B) staffing ratios of 1 on-duty Youth Care Worker 
                for every 8 children or youth during waking hours, 1 
                on-duty Youth Care Worker for every 16 children or 
                youth during sleeping hours, and clinician ratios to 
                children (including mental health providers) as 
                required in grantee cooperative agreements; and
                    (C) access provided to legal services;
            (2) the Secretary may grant a 60-day waiver for a 
        contractor's or grantee's non-compliance with paragraph (1) if 
        the Secretary certifies and provides a report to Congress on 
        the contractor's or grantee's good-faith efforts and progress 
        towards compliance and the report specifies each requirement 
        referenced in paragraph (1) that is being waived for 60 days;
            (3) the Secretary shall not waive requirements for grantees 
        or contractors to provide or arrange for the following 
        services--
                    (A) proper physical care and maintenance, including 
                suitable living accommodations, food, appropriate 
                clothing, and personal grooming items;
                    (B) a complete medical examination (including 
                screening for infectious diseases) within 48 hours of 
                admission, unless the minor was recently examined at 
                another facility;
                    (C) appropriate routine medical and dental care;
                    (D) at least one individual counseling session per 
                week conducted by trained social work staff with the 
                specific objectives of reviewing a minor's progress, 
                establishing new short term objectives, and addressing 
                both the developmental and crisis-related needs of each 
                minor;
                    (E) educational services appropriate to the minor's 
                level of development, and communication skills in a 
                structured classroom setting, Monday through Friday, 
                which concentrates primarily on the development of 
                basic academic competencies and secondarily on English 
                Language Training;
                    (F) activities according to a leisure time plan 
                which shall include daily outdoor activity, weather 
                permitting, at least one hour per day of large muscle 
                activity and one hour per day of structured leisure 
                time activities (this should not include time spent 
                watching television). Activities should be increased to 
                three hours on days when school is not in session;
                    (G) whenever possible, access to religious services 
                of the minor's choice;
                    (H) visitation and contact with family members 
                (regardless of their immigration status) which is 
                structured to encourage such visitation. The staff 
                shall respect the minor's privacy while reasonably 
                preventing the unauthorized release of the minor;
                    (I) family reunification services designed to 
                identify relatives in the United States as well as in 
                foreign countries and assistance in obtaining legal 
                guardianship when necessary for the release of the 
                minor; and
                    (J) legal services information regarding the 
                availability of free legal assistance, the right to be 
                represented by counsel at no expense to the government, 
                the right to a deportation or exclusion hearing before 
                an immigration judge, the right to apply for political 
                asylum or to request voluntary departure in lieu of 
                deportation;
            (4) if the Secretary determines that a contractor or 
        grantee is not in compliance with any of the requirements set 
        forth in paragraph (3), the Secretary shall not permit such 
        contractor or grantee to continue to provide services beyond a 
        reasonable period, not to exceed 60 days, needed to award a 
        contract or grant to a new service provider, and the incumbent 
        contractor or grantee shall not be eligible to compete for the 
        new contract or grant;
            (5) not more than three consecutive waivers under paragraph 
        (2) may be granted to a contractor or grantee with respect to a 
        specific facility;
            (6) ORR shall ensure full adherence to the monitoring 
        requirements set forth in section 5.5 of its Policies and 
        Procedures Guide as of June 15, 2019;
            (7) for any such unlicensed facility in operation for more 
        than three consecutive months, ORR shall conduct a minimum of 
        one comprehensive monitoring visit during the first three 
        months of operation, with quarterly monitoring visits 
        thereafter;
            (8) not later than 60 days after the date of enactment of 
        this Act, ORR shall brief the Committees on Appropriations of 
        the House of Representatives and the Senate outlining the 
        requirements of ORR for influx facilities; and
            (9) the amounts provided by this section are designated by 
        the Congress as being for an emergency requirement pursuant to 
        section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985.
    Sec. 305.  In addition to the existing Congressional notification 
requirements for formal site assessments of potential influx 
facilities, the Secretary shall notify the Committees on Appropriations 
of the House of Representatives and the Senate at least 15 days before 
operationalizing an unlicensed facility, and shall (1) specify whether 
the facility is hard-sided or soft-sided, and (2) provide analysis that 
indicates that, in the absence of the influx facility, the likely 
outcome is that unaccompanied alien children will remain in the custody 
of the Department of Homeland Security for longer than 72 hours or that 
unaccompanied alien children will be otherwise placed in danger. Within 
60 days of bringing such a facility online, and monthly thereafter, the 
Secretary shall provide to the Committees on Appropriations of the 
House of Representatives and the Senate a report detailing the total 
number of children in care at the facility, the average length of stay 
and average length of care of children at the facility, and, for any 
child that has been at the facility for more than 60 days, their length 
of stay and reason for delay in release.
    Sec. 306. (a) The Secretary shall ensure that, when feasible, no 
unaccompanied alien child is at an unlicensed facility if the child is 
not expected to be placed with a sponsor within 30 days.
    (b) The Secretary shall ensure that no unaccompanied alien child is 
at an unlicensed facility if the child--
            (1) is under the age of 13;
            (2) does not speak English or Spanish as his or her 
        preferred language;
            (3) has known special needs, behavioral health issues, or 
        medical issues that would be better served at an alternative 
        facility;
            (4) is a pregnant or parenting teen; or
            (5) would have a diminution of legal services as a result 
        of the transfer to such an unlicensed facility.
    (c) ORR shall notify a child's attorney of record in advance of any 
transfer, where applicable.
    Sec. 307.  None of the funds made available in this Act may be used 
to prevent a United States Senator or Member of the House of 
Representatives from entering, for the purpose of conducting oversight, 
any facility in the United States used for the purpose of maintaining 
custody of, or otherwise housing, unaccompanied alien children (as 
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))): Provided, That nothing in this section shall be 
construed to require such a Senator or Member to provide prior notice 
of the intent to enter such a facility for such purpose.
    Sec. 308.  Not later than 14 days after the date of enactment of 
this Act, and monthly thereafter, the Secretary of Health and Human 
Services shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate, and make publicly available online, 
a report with respect to children who were separated from their parents 
or legal guardians by the Department of Homeland Security (DHS) 
(regardless of whether or not such separation was pursuant to an option 
selected by the children, parents, or guardians), subsequently 
classified as unaccompanied alien children, and transferred to the care 
and custody of ORR during the previous month. Each report shall contain 
the following information:
            (1) The number and ages of children so separated subsequent 
        to apprehension at or between ports of entry, to be reported by 
        sector where separation occurred.
            (2) The documented cause of separation, as reported by DHS 
        when each child was referred.
    Sec. 309.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of Health and Human Services shall submit to 
the Committees on Appropriations of the House of Representatives and 
the Senate a detailed spend plan of anticipated uses of funds made 
available in this account, including the following: a list of existing 
grants and contracts for both permanent and influx facilities, 
including their costs, capacity, and timelines; costs for expanding 
capacity through the use of community-based residential care placements 
(including long-term and transitional foster care and small group 
homes) through new or modified grants and contracts; current and 
planned efforts to expand small-scale shelters and available foster 
care placements, including collaboration with state child welfare 
providers; influx facilities being assessed for possible use; costs and 
services to be provided for legal services, child advocates, and post 
release services; program administration; and the average number of 
weekly referrals and discharge rate assumed in the spend plan: 
Provided, That such plan shall be updated to reflect changes and 
expenditures and submitted to the Committees on Appropriations of the 
House of Representatives and the Senate every 60 days until all funds 
are expended or expire.
    Sec. 310.  The Office of Refugee Resettlement shall ensure that its 
grantees are aware of current law regarding the use of information 
collected as part of the sponsor vetting process.
    Sec. 311.  The Secretary is directed to report the death of any 
unaccompanied alien child in Office of Refugee Resettlement (ORR) 
custody or in the custody of any grantee on behalf of ORR within 24 
hours, including relevant details regarding the circumstances of the 
fatality, to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 312.  Notwithstanding any other provision of law, funds made 
available in this Act under the heading ``Department of Health and 
Human Services--Administration for Children and Families--Refugee and 
Entrant Assistance'' shall only be used for the purposes specifically 
described under that heading.
    Sec. 313. (a) The Secretary of Health and Human Services shall 
ensure that no unaccompanied alien child (as defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) 
spends more than 90 days, in the aggregate, at an unlicensed facility.
    (b) Not later than 45 days after the date of enactment of this Act, 
the Secretary shall ensure transfer to a State-licensed facility for 
any unaccompanied alien child who has been at an unlicensed facility 
for longer than 90 days.
    (c) Subsections (a) and (b) shall not apply to an unaccompanied 
alien child when the Secretary determines that a potential sponsor had 
been identified and the unaccompanied alien child is expected to be 
placed with the sponsor within 30 days.
    (d) Notwithstanding subsections (a) and (b), if the Secretary 
determines there is insufficient space available at State-licensed 
facilities to transfer an unaccompanied alien child who has been at an 
unlicensed facility for longer than 90 days, the Secretary shall submit 
a written justification to the Committees on Appropriations of the 
House of Representatives and the Senate, and shall submit a summary 
every two weeks, disaggregated by influx facility, on the number of 
unaccompanied alien children at each influx facility longer than 90 
days, with a summary of both the status of placement and the transfer 
efforts for all children who have been in care for longer than 90 days.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401. (a) Fiscal Year 2017.--Funds made available by the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2017 (division J of Public Law 115-31) that were 
initially obligated for assistance for El Salvador, Guatemala, and 
Honduras may not be reprogrammed after the date of enactment of this 
Act for assistance for a country other than for which such funds were 
initially obligated: Provided, That if the Secretary of State suspends 
assistance for the central government of El Salvador, Guatemala, or 
Honduras pursuant to section 7045(a)(5) of such Act, not less than 75 
percent of the funds for such central government shall be reprogrammed 
for assistance through nongovernmental organizations or local 
government entities in such country: Provided further, That the balance 
of such funds shall only be reprogrammed for assistance for countries 
in the Western Hemisphere.
    (b) Fiscal Year 2018.--Section 7045(a) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2018 
(division K of Public Law 115-141) is amended by striking paragraph 
(4)(D) and inserting in lieu of paragraph (1) the following paragraph:
            ``(1) Funding.--Subject to the requirements of this 
        subsection, of the funds appropriated under titles III and IV 
        of this Act, not less than $615,000,000 shall be made available 
        for assistance for countries in Central America, of which not 
        less than $452,000,000 shall be for assistance for El Salvador, 
        Guatemala, and Honduras to implement the United States Strategy 
        for Engagement in Central America (the Strategy): Provided, 
        That such amounts shall be made available notwithstanding any 
        provision of law permitting deviations below such amounts: 
        Provided further, That if the Secretary of State cannot make 
        the certifications under paragraph (3), or makes a 
        determination under paragraph (4)(A) or (4)(C) that the central 
        government of El Salvador, Guatemala, or Honduras is not 
        meeting the requirements of this subsection, not less than 75 
        percent of the funds for such central government shall be 
        reprogrammed for assistance through nongovernmental 
        organizations or local government entities in such country: 
        Provided further, That the balance of such funds shall only be 
        reprogrammed for assistance for countries in the Western 
        Hemisphere.''.
    (c) Fiscal Year 2019.--Section 7045(a) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2019 
(division F of Public Law 116-6) is amended by striking paragraph 
(2)(C) and inserting at the end, between paragraph (4)(B) and 
subsection (b), the following new paragraph:
            ``(5) Funding.--Subject to the requirements of this 
        subsection, of the funds appropriated under titles III and IV 
        of this Act, not less than $540,850,000 shall be made available 
        for assistance for countries in Central America, of which not 
        less than $452,000,000 shall be made available for assistance 
        for El Salvador, Guatemala, and Honduras to implement the 
        United States Strategy for Engagement in Central America: 
        Provided, That such amounts shall be made available 
        notwithstanding any provision of law permitting deviations 
        below such amounts: Provided further, That if the Secretary of 
        State cannot make the certification under paragraph (1), or 
        makes a determination under paragraph (2) that the central 
        government of El Salvador, Guatemala, or Honduras is not 
        meeting the requirements of this subsection, not less than 75 
        percent of the funds for such central government shall be 
        reprogrammed for assistance through nongovernmental 
        organizations or local government entities in such country: 
        Provided further, That the balance of such funds shall only be 
        reprogrammed for assistance for countries in the Western 
        Hemisphere.''.
    Sec. 402.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 403.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 404.  Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable to 
such appropriations accounts for fiscal year 2019.
    Sec. 405.  Each amount designated in this Act by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 406.  Any amount appropriated by this Act, designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations for Humanitarian Assistance and Security at the Southern 
Border Act, 2019''.

            Passed the House of Representatives June 25, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 3401

_______________________________________________________________________

                                 AN ACT

Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2019, and for other purposes.
```