I 

116TH CONGRESS 

1ST SESSION H. R. 3401 

Making emergency supplemental appropriations for the fiscal year ending 

September 30, 2019, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2019 

Mrs. LOWEY introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

Making emergency supplemental appropriations for the fiscal 

year ending September 30, 2019, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2019, and for other pur6 poses, namely: 


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1 TITLE I 

2 DEPARTMENT OF JUSTICE 

3 GENERAL ADMINISTRATION

4 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

5 For an additional amount for ‘‘Executive Office for 

6 Immigration Review’’, $15,000,000 to be used only for 

7 services and activities provided by the Legal Orientation 

8 Program: Provided, That such amount is designated by 

9 the Congress as being for an emergency requirement pur10 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 UNITED STATES MARSHALS SERVICE

13 FEDERAL PRISONER DETENTION

14 For an additional amount for ‘‘Federal Prisoner De15 tention’’, $155,000,000 to be used only for the necessary 

16 expenses related to United States prisoners in the custody 

17 of the United States Marshals Service as authorized by 

18 section 4013 of title 18, United States Code: Provided, 

19 That such amount is designated by the Congress as being 

20 for an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 


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1 TITLE II 

2 DEPARTMENT OF HOMELAND SECURITY 

3 SECURITY, ENFORCEMENT, AND BORDER PROTECTION

4 U.S. CUSTOMS AND BORDER PROTECTION

5 OPERATIONS AND SUPPORT

6 For an additional amount for ‘‘Operations and Sup7 port’’ for necessary expenses to respond to the significant 

8 rise in aliens at the southwest border and related activi9 ties, $1,217,931,000, to remain available until September 

10 30, 2020; of which $702,500,000 is for migrant processing 

11 facilities; of which $92,000,000 is for consumables; of 

12 which $19,950,000 is for medical assets and high risk sup13 port; of which $8,000,000 is for Federal Protective Service 

14 support; of which $35,000,000 is for transportation; of 

15 which $90,636,000 is for temporary duty and overtime 

16 costs; of which $19,845,000 is for reimbursements for 

17 temporary duty and overtime costs; and of which 

18 $50,000,000 is for mission support data systems and anal19 ysis: Provided, That such amount is designated by the 

20 Congress as being for an emergency requirement pursuant 

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

22 Emergency Deficit Control Act of 1985. 

23 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

24 For an additional amount for ‘‘Procurement, Con25 struction, and Improvements’’ for migrant processing faVerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3401.IH H3401

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1 cilities, $85,000,000, to remain available until September 

2 30, 2023: Provided, That such amount is designated by 

3 the Congress as being for an emergency requirement pur4 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

5 and Emergency Deficit Control Act of 1985. 

6 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

7 OPERATIONS AND SUPPORT

8 For an additional amount for ‘‘Operations and Sup9 port’’ for necessary expenses to respond to the significant 

10 rise in aliens at the southwest border and related activi11 ties, $128,238,000; of which $35,943,000 is for transpor12 tation of unaccompanied alien children; of which 

13 $11,981,000 is for detainee transportation for medical 

14 needs, court proceedings, or relocation to and from U.S. 

15 Customs and Border Protection custody; of which 

16 $5,114,000 is for reimbursements for overtime and tem17 porary duty costs; of which $20,000,000 is for alternatives 

18 to detention; of which $45,000,000 is for detainee medical 

19 care; and of which $10,200,000 is for the Office of Profes20 sional Responsibility for background investigations and fa21 cility inspections: Provided, That such amount is des22 ignated by the Congress as being for an emergency re23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985. 


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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 FEDERAL ASSISTANCE

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

4 $60,000,000, to remain available until September 30, 

5 2020, for the emergency food and shelter program under 

6 Title III of the McKinney-Vento Homeless Assistance Act 

7 (42 U.S.C. 11331 et seq.) for the purposes of providing 

8 assistance to aliens released from the custody of the De9 partment of Homeland Security: Provided, That notwith10 standing Sections 315 and 316(b) of such Act, funds made 

11 available under this section shall be disbursed by the 

12 Emergency Food and Shelter Program National Board 

13 not later than 30 days after the date on which such funds 

14 becomes available: Provided further, That the Emergency 

15 Food and Shelter Program National Board shall distribute 

16 such funds only to jurisdictions or local recipient organiza17 tions serving communities that have experienced a signifi18 cant influx of such aliens: Provided further, That such 

19 funds may be used to reimburse such jurisdictions or local 

20 recipient organizations for costs incurred in providing 

21 services to such aliens on or after January 1, 2019: Pro22 vided further, That such amount is designated by the Con23 gress as being for an emergency requirement pursuant to 

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

25 Emergency Deficit Control Act of 1985. 


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1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 201. Notwithstanding any other provision of 

3 law, funds made available under each heading in this title 

4 shall only be used for the purposes specifically described 

5 under that heading. 

6 SEC. 202. Division A of the Consolidated Appropria7 tions Act, 2019 (Public Law 116–6) is amended by adding 

8 after section 540 the following: 

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

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

11 ‘‘(1) in subsection (a), by substituting ‘Sep12 tember 30, 2019,’ for ‘September 30, 2017,’; and 

13 ‘‘(2) in subsection (c)(1), by substituting ‘Sep14 tember 30, 2019,’ for ‘September 30, 2017’. 

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

16 authority of section 831 of the Homeland Security Act of 

17 2002 (6 U.S.C. 391(a)), may carry out prototype projects 

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

19 the Secretary shall perform the functions of the Secretary 

20 of Defense as prescribed. 

21 ‘‘(c) The Secretary of Homeland Security under sec22 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 

23 391(d)) may use the definition of nontraditional govern24 ment contractor as defined in section 2371b(e) of title 10, 

25 United States Code.’’. 


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1 SEC. 203. (a) The Secretary of the Department of 

2 Homeland Security shall establish policies and distribute 

3 written personnel guidance, as appropriate, not later than 

4 60 days after the date of enactment of this Act on the 

5 following: 

6 (1) Providing private meeting space and video 

7 teleconferencing access for individuals returned to 

8 Mexico under the Migrant Protection Protocols to 

9 consult with legal counsel, including prior to initial 

10 immigration court hearings. 

11 (2) Efforts, in consultation with the Depart12 ment of State, to address the housing, transpor13 tation, and security needs of such individuals. 

14 (3) Efforts, in consultation with the Depart15 ment of Justice, to ensure that such individuals are 

16 briefed, in their primary spoken language to the 

17 greatest extent possible, on their legal rights and ob18 ligations prior to being returned to Mexico. 

19 (4) Efforts, in consultation with the Depart20 ment of Justice, to prioritize the immigration pro21 ceedings of such individuals. 

22 (5) The establishment of written policies defin23 ing categories of vulnerable individuals who should 

24 not be so returned. 


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1 (b) For purposes of this section, the term ‘‘Migrant 

2 Protection Protocols’’ means the actions taken by the Sec3 retary to implement the memorandum dated January 25, 

4 2019 entitled ‘‘Policy Guidance for the Implementation of 

5 the Migrant Protection Protocols’’. 

6 (c) The amounts provided by this section are des7 ignated by the Congress as being for an emergency re8 quirement pursuant to section 251(b)(2)(A)(i) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985. 

10 SEC. 204. None of the funds provided in this Act 

11 under ‘‘U.S. Customs and Border Protection—Operations 

12 and Support’’ for facilities shall be available until U.S. 

13 Customs and Border Protection establishes policies (via 

14 directive, procedures, guidance, and/or memorandum) and 

15 training programs to ensure that such facilities adhere to 

16 the National Standards on Transport, Escort, Detention, 

17 and Search, published in October of 2015: Provided, That 

18 not later than 90 days after the date of enactment of this 

19 Act, U.S. Customs and Border Protection shall provide 

20 a detailed report to the Committees on Appropriations of 

21 the Senate and the House of Representatives, the Com22 mittee on the Judiciary of the Senate, and the House Ju23 diciary Committee regarding the establishment and imple24 mentation of such policies and training programs. 


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1 SEC. 205. No later than 30 days after the date of 

2 enactment of this Act, the Secretary of Homeland Security 

3 shall provide a report on the number of U.S. Customs and 

4 Border Protection Officers assigned to Northern Border 

5 land ports of entry and temporarily assigned to the ongo6 ing humanitarian crisis: Provided, That the report shall 

7 outline what resources and conditions would allow a return 

8 to northern border staffing levels that are no less than 

9 the number committed in the June 12, 2018 Department 

10 of Homeland Security Northern Border Strategy: Pro11 vided further, That the report shall include the number 

12 of officers temporarily assigned to the southwest border 

13 in response to the ongoing humanitarian crisis, the num14 ber of days the officers will be away from their northern 

15 border assignment, the northern border ports from which 

16 officers are being assigned to the southwest border, and 

17 efforts being made to limit the impact on operations at 

18 each northern border land port of entry where officers 

19 have been temporarily assigned to the southwest border. 

20 SEC. 206. None of the funds appropriated or other21 wise made available by this Act or division A of the Con22 solidated Appropriations Act, 2019 (Public Law 116–6) 

23 for the Department of Homeland Security may be used 

24 to relocate to the National Targeting Center the vetting 

25 of Trusted Traveler Program applications and operations 


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1 currently carried out at existing locations unless specifi2 cally authorized by a statute enacted after the date of en3 actment of this Act. 

4 SEC. 207. (a) Of the additional amount provided 

5 under ‘‘U.S. Customs and Border Protection—Operations 

6 and Support’’, $200,000,000 is for a multi-agency, inte7 grated, migrant processing center pilot program for family 

8 units and unaccompanied alien children, including the fol9 lowing: 

10 (1) Ongoing assessment and treatment efforts 

11 for physical or mental health conditions, including 

12 development of a support plan and services for each 

13 member of a vulnerable population. 

14 (2) Assessments of child protection and welfare 

15 needs. 

16 (3) Food, shelter, hygiene services and supplies, 

17 clothing, and activities appropriate for the non18 penal, civil detention of families. 

19 (4) Personnel with appropriate training on car20 ing for families and vulnerable populations in a civil 

21 detention environment. 

22 (5) Free telephonic communication access, in23 cluding support for contacting family members. 


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1 (6) Direct access to legal orientation, legal rep2 resentation, and case management in private areas 

3 of the center. 

4 (7) Credible fear and reasonable fear interviews 

5 conducted by U.S. Citizenship and Immigration 

6 Services asylum officers in private areas of the cen7 ter. 

8 (8) Granting of asylum directly by U.S. Citizen9 ship and Immigration Services for manifestly well10 founded or clearly meritorious cases. 

11 (9) For family units not found removable prior 

12 to departure from the center— 

13 (A) release on own recognizance or place14 ment in alternatives to detention with case 

15 management; and 

16 (B) coordinated transport to a respite shel17 ter or city of final destination. 

18 (10) For family units found removable prior to 

19 departure from the center, safe return planning sup20 port by an immigration case manager, including a 

21 consular visit to assist with reintegration. 

22 (11) On-site operational support by non-govern23 mental organizations for the identification and pro24 tection of vulnerable populations. 


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1 (b) The Secretary shall notify the Committees on Ap2 propriations of the Senate and the House of Representa3 tives within 24 hours of any— 

4 (1) unaccompanied child placed in the pilot pro5 gram whose time in Department of Homeland Secu6 rity custody exceeds 72 hours; and 

7 (2) family unit placed in the pilot program 

8 whose time in such custody exceed exceeds 9 days. 

9 (c) Prior to the obligation of the amount identified 

10 in subsection (a), but not later than 30 days after the date 

11 of enactment of this Act, the Secretary shall submit a plan 

12 for the implementation of the pilot program to the Com13 mittees on Appropriations of the Senate and the House 

14 of Representatives which shall include a definition of vul15 nerable populations. 

16 TITLE III 

17 DEPARTMENT OF HEALTH AND HUMAN 

18 SERVICES 

19 ADMINISTRATION FOR CHILDREN AND FAMILIES

20 REFUGEE AND ENTRANT ASSISTANCE

21 (INCLUDING TRANSFER OF FUNDS)

22 For an additional amount for ‘‘Refugee and Entrant 

23 Assistance’’ $2,881,552,000, to be merged with and avail24 able for the same period as funds appropriated in division 

25 B of Public Law 115–245 and made available through fisVerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3401.IH H3401

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1 cal year 2021 under this heading, and to be made available 

2 for any purpose funded under such heading in such law: 

3 Provided, That if any part of the reprogramming described 

4 in the notification submitted by the Secretary of Health 

5 and Human Services (the ‘‘Secretary’’) to the Committees 

6 on Appropriations of the House of Representatives and the 

7 Senate on May 16, 2019, has been executed as of the date 

8 of the enactment of this Act, such amounts provided by 

9 this Act as are necessary shall be used to reverse such 

10 reprogramming: Provided further, That of the amounts 

11 provided under this heading, the amount allocated by the 

12 Secretary for costs of leases of property that include facili13 ties to be used as hard-sided dormitories for which the 

14 Secretary intends to seek State licensure for the care of 

15 unaccompanied alien children, and that are executed 

16 under authorities transferred to the Director of the Office 

17 of Refugee Resettlement (ORR) under section 462 of the 

18 Homeland Security Act of 2002, shall remain available 

19 until expended: Provided further, That ORR shall notify 

20 the Committees on Appropriations of the House of Rep21 resentatives and the Senate within 72 hours of conducting 

22 a formal assessment of a facility for possible lease or ac23 quisition and within 7 days of any lease or acquisition of 

24 real property: Provided further, That not less than 

25 $866,000,000 of the amounts provided under this heading 


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1 shall be used for the provision of care in licensed shelters 

2 and for expanding the supply of shelters for which State 

3 licensure will be sought, of which not less than 

4 $27,000,000 shall be available for the purposes of adding 

5 shelter beds in State-licensed facilities in response to fund6 ing opportunity HHS–2017–ACF–ORR–ZU–1132, and of 

7 which not less than $185,000,000 shall be available for 

8 expansion grants to add beds in State-licensed facilities 

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

10 costs to acquire, activate, and operate facilities that in11 clude small- and medium-scale hard-sided facilities for 

12 which the Secretary intends to seek State licensure in an 

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

14 facilities: Provided further, That not less than 

15 $100,000,000 of the amounts provided under this heading 

16 shall be used for post-release services, child advocates, and 

17 legal services: Provided further, That the amount made 

18 available for legal services in the preceding proviso shall 

19 be made available for the same purposes for which 

20 amounts were provided for such services in fiscal year 

21 2017: Provided further, That not less than $8,000,000 of 

22 the amounts provided under this heading shall be used for 

23 the purposes of hiring additional Federal Field Specialists 

24 and for increasing case management and case coordination 

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1 companied alien children with sponsors and reducing the 

2 length of stay in ORR custody: Provided further, That not 

3 less than $1,000,000 of amounts provided under this 

4 heading shall be used for the purposes of hiring project 

5 officers and program monitor staff dedicated to pursuing 

6 strategic improvements to the Unaccompanied Alien Chil7 dren program and for the development of a discharge rate 

8 improvement plan which shall be submitted to the Com9 mittees on Appropriations of the House of Representatives 

10 and the Senate within 120 days of the date of enactment 

11 of this Act: Provided further, That of the amounts pro12 vided under this heading, $5,000,000 shall be transferred 

13 to ‘‘Office of the Secretary—Office of Inspector General’’ 

14 and shall remain available until expended for oversight of 

15 activities supported with funds appropriated under this 

16 heading: Provided further, That none of the funds made 

17 available under this heading may be transferred pursuant 

18 to the authority in section 205 of division B of Public Law 

19 115–245: Provided further, That the amount provided 

20 under this heading is designated by the Congress as being 

21 for an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 301. The Secretary of Health and Human Serv3 ices (the ‘‘Secretary’’) shall prioritize use of community4 based residential care (including long-term and transi5 tional foster care and small group homes) and shelter care 

6 other than large-scale institutional shelter facilities to 

7 house unaccompanied alien children in the custody of the 

8 Department of Health and Human Services. The Sec9 retary shall prioritize State-licensed, hard-sided dor10 mitories. 

11 SEC. 302. Funds made available in this Act under 

12 the heading ‘‘Department of Health and Human Serv13 ices—Administration for Children and Families—Refugee 

14 and Entrant Assistance’’ shall remain available for obliga15 tion only if the operational directives issued by the Office 

16 of Refugee Resettlement between December 1, 2018, and 

17 June 15, 2019, to accelerate the identification and ap18 proval of sponsors, remain in effect. 

19 SEC. 303. Funds made available in this Act under 

20 the heading ‘‘Department of Health and Human Serv21 ices—Administration for Children and Families—Refugee 

22 and Entrant Assistance’’ shall be subject to the authorities 

23 and conditions of section 224 of division A of the Consoli24 dated Appropriations Act, 2019 (Public Law 116–6). 


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1 SEC. 304. None of the funds made available in this 

2 Act under the heading ‘‘Department of Health and 

3 Human Services—Administration for Children and Fami4 lies—Refugee and Entrant Assistance’’ may be obligated 

5 to a grantee or contractor to house unaccompanied alien 

6 children (as such term is defined in section 462(g)(2) of 

7 the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) 

8 in any facility that is not State-licensed for the care of 

9 unaccompanied alien children, except in the case that the 

10 Secretary of Health and Human Services (the ‘‘Sec11 retary’’) determines that housing unaccompanied alien 

12 children in such a facility is necessary on a temporary 

13 basis due to an influx of such children or an emergency: 

14 Provided, That— 

15 (1) the terms of the grant or contract for the 

16 operations of any such facility that remains in oper17 ation for more than six consecutive months shall re18 quire compliance with— 

19 (A) the same requirements as licensed 

20 placements, as listed in Exhibit 1 of the Flores 

21 Settlement Agreement, regardless of the status 

22 of the underlying settlement agreement; 

23 (B) staffing ratios of 1 on-duty Youth 

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1 er for every 16 children or youth during sleep2 ing hours, and clinician ratios to children (in3 cluding mental health providers) as required in 

4 grantee cooperative agreements; and 

5 (C) access provided to legal services; 

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

7 for a contractor’s or grantee’s non-compliance with 

8 paragraph (1) if the Secretary certifies and provides 

9 a report to Congress on the contractor’s or grantee’s 

10 good-faith efforts and progress towards compliance; 

11 (3) not more than three consecutive waivers 

12 under paragraph (2) may be granted to a contractor 

13 or grantee with respect to a specific facility; 

14 (4) ORR shall ensure full adherence to the 

15 monitoring requirements set forth in section 5.5 of 

16 its Policies and Procedures Guide as of June 15, 

17 2019; 

18 (5) for any such unlicensed facility in operation 

19 for more than three consecutive months, ORR shall 

20 conduct a minimum of one comprehensive moni21 toring visit during the first three months of oper22 ation, with quarterly monitoring visits thereafter; 

23 and 

24 (6) not later than 60 days after the date of en25 actment of this Act, ORR shall brief the Committees 


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1 on Appropriations of the House of Representatives 

2 and the Senate outlining the requirements of ORR 

3 for influx facilities. 

4 SEC. 305. In addition to the existing Congressional 

5 notification requirements for formal site assessments of 

6 potential influx facilities, the Secretary shall notify the 

7 Committees on Appropriations of the House of Represent8 atives and the Senate at least 15 days before operationa9 lizing an unlicensed facility, and shall (1) specify whether 

10 the facility is hard-sided or soft-sided, and (2) provide 

11 analysis that indicates that, in the absence of the influx 

12 facility, the likely outcome is that unaccompanied alien 

13 children will remain in the custody of the Department of 

14 Homeland Security for longer than 72 hours or that unac15 companied alien children will be otherwise placed in dan16 ger. Within 60 days of bringing such a facility online, and 

17 monthly thereafter, the Secretary shall provide to the 

18 Committees on Appropriations of the House of Represent19 atives and the Senate a report detailing the total number 

20 of children in care at the facility, the average length of 

21 stay and average length of care of children at the facility, 

22 and, for any child that has been at the facility for more 

23 than 60 days, their length of stay and reason for delay 

24 in release. 


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1 SEC. 306. (a) The Secretary shall ensure that, when 

2 feasible, no unaccompanied alien child is at an unlicensed 

3 facility if the child is not expected to be placed with a 

4 sponsor within 30 days. 

5 (b) The Secretary shall ensure that no unaccom6 panied alien child is at an unlicensed facility if the child— 

7 (1) is under the age of 13; 

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

9 her preferred language; 

10 (3) has known special needs, behavioral health 

11 issues, or medical issues that would be better served 

12 at an alternative facility; 

13 (4) is a pregnant or parenting teen; or 

14 (5) would have a diminution of legal services as 

15 a result of the transfer to such an unlicensed facil16 ity. 

17 (c) ORR shall notify a child’s attorney of record in 

18 advance of any transfer, where applicable. 

19 SEC. 307. None of the funds made available in this 

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

21 Member of the House of Representatives from entering, 

22 for the purpose of conducting oversight, any facility in the 

23 United States used for the purpose of maintaining custody 

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

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


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1 of 2002 (6 U.S.C. 279(g)(2))): Provided, That nothing in 

2 this section shall be construed to require such a Senator 

3 or Member to provide prior notice of the intent to enter 

4 such a facility for such purpose. 

5 SEC. 308. Not later than 14 days after the date of 

6 enactment of this Act, and monthly thereafter, the Sec7 retary of Health and Human Services shall submit to the 

8 Committees on Appropriations of the House of Represent9 atives and the Senate, and make publicly available online, 

10 a report with respect to children who were separated from 

11 their parents or legal guardians by the Department of 

12 Homeland Security (DHS) (regardless of whether or not 

13 such separation was pursuant to an option selected by the 

14 children, parents, or guardians), subsequently classified as 

15 unaccompanied alien children, and transferred to the care 

16 and custody of ORR during the previous month. Each re17 port shall contain the following information: 

18 (1) The number and ages of children so sepa19 rated subsequent to apprehension at or between 

20 ports of entry, to be reported by sector where sepa21 ration occurred. 

22 (2) The documented cause of separation, as re23 ported by DHS when each child was referred. 

24 SEC. 309. Not later than 30 days after the date of 

25 enactment of this Act, the Secretary of Health and 


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1 Human Services shall submit to the Committees on Ap2 propriations of the House of Representatives and the Sen3 ate a detailed spend plan of anticipated uses of funds 

4 made available in this account, including the following: a 

5 list of existing grants and contracts for both permanent 

6 and influx facilities, including their costs, capacity, and 

7 timelines; costs for expanding capacity through the use of 

8 community-based residential care placements (including 

9 long-term and transitional foster care and small group 

10 homes) through new or modified grants and contracts; 

11 current and planned efforts to expand small-scale shelters 

12 and available foster care placements, including collabora13 tion with state child welfare providers; influx facilities 

14 being assessed for possible use; costs and services to be 

15 provided for legal services, child advocates, and post re16 lease services; program administration; and the average 

17 number of weekly referrals and discharge rate assumed 

18 in the spend plan: Provided, That such plan shall be up19 dated to reflect changes and expenditures and submitted 

20 to the Committees on Appropriations of the House of Rep21 resentatives and the Senate every 60 days until all funds 

22 are expended or expire. 

23 SEC. 310. The Office of Refugee Resettlement shall 

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1 ing the use of information collected as part of the sponsor 

2 vetting process. 

3 SEC. 311. The Secretary is directed to report the 

4 death of any unaccompanied alien child in Office of Ref5 ugee Resettlement (ORR) custody or in the custody of any 

6 grantee on behalf of ORR within 24 hours, including rel7 evant details regarding the circumstances of the fatality, 

8 to the Committees on Appropriations of the House of Rep9 resentatives and the Senate. 

10 SEC. 312. Notwithstanding any other provision of 

11 law, funds made available in this Act under the heading 

12 ‘‘Department of Health and Human Services—Adminis13 tration for Children and Families—Refugee and Entrant 

14 Assistance’’ shall only be used for the purposes specifically 

15 described under that heading. 

16 TITLE IV 

17 GENERAL PROVISIONS—THIS ACT 

18 SEC. 401. (a) FISCAL YEAR 2017.—Funds made 

19 available by the Department of State, Foreign Operations, 

20 and Related Programs Appropriations Act, 2017 (division 

21 J of Public Law 115–31) that were initially obligated for 

22 assistance for El Salvador, Guatemala, and Honduras may 

23 not be reprogrammed after the date of enactment of this 

24 Act for assistance for a country other than for which such 

25 funds were initially obligated: Provided, That if the SecVerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3401.IH H3401

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1 retary of State suspends assistance for the central govern2 ment of El Salvador, Guatemala, or Honduras pursuant 

3 to section 7045(a)(5) of such Act, not less than 75 percent 

4 of the funds for such central government shall be repro5 grammed for assistance through nongovernmental organi6 zations or local government entities in such country: Pro7 vided further, That the balance of such funds shall only 

8 be reprogrammed for assistance for countries in the West9 ern Hemisphere. 

10 (b) FISCAL YEAR 2018.—Section 7045(a) of the De11 partment of State, Foreign Operations, and Related Pro12 grams Appropriations Act, 2018 (division K of Public Law 

13 115–141) is amended by striking paragraph (4)(D) and 

14 inserting in lieu of paragraph (1) the following paragraph: 

15 ‘‘(1) FUNDING.—Subject to the requirements of 

16 this subsection, of the funds appropriated under ti17 tles III and IV of this Act, not less than 

18 $615,000,000 shall be made available for assistance 

19 for countries in Central America, of which not less 

20 than $452,000,000 shall be for assistance for El 

21 Salvador, Guatemala, and Honduras to implement 

22 the United States Strategy for Engagement in Cen23 tral America (the Strategy): Provided, That such 

24 amounts shall be made available notwithstanding 

25 any provision of law permitting deviations below 


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1 such amounts: Provided further, That if the Sec2 retary of State cannot make the certifications under 

3 paragraph (3), or makes a determination under 

4 paragraph (4)(A) or (4)(C) that the central govern5 ment of El Salvador, Guatemala, or Honduras is not 

6 meeting the requirements of this subsection, not less 

7 than 75 percent of the funds for such central gov8 ernment shall be reprogrammed for assistance 

9 through nongovernmental organizations or local gov10 ernment entities in such country: Provided further, 

11 That the balance of such funds shall only be repro12 grammed for assistance for countries in the Western 

13 Hemisphere.’’. 

14 (c) FISCAL YEAR 2019.—Section 7045(a) of the De15 partment of State, Foreign Operations, and Related Pro16 grams Appropriations Act, 2019 (division F of Public Law 

17 116–6) is amended by striking paragraph (2)(C) and in18 serting at the end, between paragraph (4)(B) and sub19 section (b), the following new paragraph: 

20 ‘‘(5) FUNDING.—Subject to the requirements of 

21 this subsection, of the funds appropriated under ti22 tles III and IV of this Act, not less than 

23 $540,850,000 shall be made available for assistance 

24 for countries in Central America, of which not less 

25 than $452,000,000 shall be made available for asVerDate Sep 11 2014 20:30 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3401.IH H3401

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1 sistance for El Salvador, Guatemala, and Honduras 

2 to implement the United States Strategy for En3 gagement in Central America: Provided, That such 

4 amounts shall be made available notwithstanding 

5 any provision of law permitting deviations below 

6 such amounts: Provided further, That if the Sec7 retary of State cannot make the certification under 

8 paragraph (1), or makes a determination under 

9 paragraph (2) that the central government of El 

10 Salvador, Guatemala, or Honduras is not meeting 

11 the requirements of this subsection, not less than 75 

12 percent of the funds for such central government 

13 shall be reprogrammed for assistance through non14 governmental organizations or local government enti15 ties in such country: Provided further, That the bal16 ance of such funds shall only be reprogrammed for 

17 assistance for countries in the Western Hemi18 sphere.’’. 

19 SEC. 402. Each amount appropriated or made avail20 able by this Act is in addition to amounts otherwise appro21 priated for the fiscal year involved. 

22 SEC. 403. No part of any appropriation contained in 

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 


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1 SEC. 404. Unless otherwise provided for by this Act, 

2 the additional amounts appropriated by this Act to appro3 priations accounts shall be available under the authorities 

4 and conditions applicable to such appropriations accounts 

5 for fiscal year 2019. 

6 SEC. 405. Each amount designated in this Act by the 

7 Congress as being for an emergency requirement pursuant 

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

9 Emergency Deficit Control Act of 1985 shall be available 

10 (or rescinded or transferred, if applicable) only if the 

11 President subsequently so designates all such amounts 

12 and transmits such designations to the Congress. 

13 SEC. 406. Any amount appropriated by this Act, des14 ignated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985 

17 and subsequently so designated by the President, and 

18 transferred pursuant to transfer authorities provided by 

19 this Act shall retain such designation. 

20 This Act may be cited as the ‘‘Emergency Supple21 mental Appropriations for Humanitarian Assistance and 

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

Æ 


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