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. 

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, 
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1 for the fiscal year ending September 30, 2019, and for 

2 other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF JUSTICE 

5 GENERAL ADMINISTRATION

6 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

7 For an additional amount for ‘‘Executive Office for 

8 Immigration Review’’, $17,000,000 to be used only for 

9 services and activities provided by the Legal Access Pro10 grams, of which not less than $2,000,000 shall be for the 

11 continued operation of the Immigration Court Helpdesk 

12 Program: Provided, That such amount is designated by 

13 the Congress as being for an emergency requirement pur14 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985. 

16 UNITED STATES MARSHALS SERVICE

17 FEDERAL PRISONER DETENTION

18 For an additional amount for ‘‘Federal Prisoner De19 tention’’, $155,000,000 to be used only for the necessary 

20 expenses related to United States prisoners in the custody 

21 of the United States Marshals Service as authorized by 

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

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 TITLE II 

4 DEPARTMENT OF HOMELAND SECURITY 

5 SECURITY, ENFORCEMENT, AND BORDER PROTECTION

6 U.S. CUSTOMS AND BORDER PROTECTION

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, $1,217,931,000, to remain available until September 

12 30, 2020; of which $702,500,000 is for migrant processing 

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

14 which $19,950,000 is for medical assets and high risk sup15 port; of which $8,000,000 is for Federal Protective Service 

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

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

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

19 temporary duty and overtime costs; and of which 

20 $50,000,000 is for mission support data systems and anal21 ysis: Provided, That such amount is designated by the 

22 Congress as being for an emergency requirement pursuant 

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

24 Emergency Deficit Control Act of 1985. 
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1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

2 For an additional amount for ‘‘Procurement, Con3 struction, and Improvements’’ for migrant processing fa4 cilities, $85,000,000, to remain available until September 

5 30, 2023: Provided, That such amount is designated by 

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

8 and Emergency Deficit Control Act of 1985. 

9 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

10 OPERATIONS AND SUPPORT

11 For an additional amount for ‘‘Operations and Sup12 port’’ for necessary expenses to respond to the significant 

13 rise in aliens at the southwest border and related activi14 ties, $128,238,000; of which $35,943,000 is for transpor15 tation of unaccompanied alien children; of which 

16 $11,981,000 is for detainee transportation for medical 

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

18 Customs and Border Protection custody; of which 

19 $5,114,000 is for reimbursements for overtime and tem20 porary duty costs; of which $20,000,000 is for alternatives 

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

22 care; and of which $10,200,000 is for the Office of Profes23 sional Responsibility for background investigations and fa24 cility inspections: Provided, That such amount is des25 ignated by the Congress as being for an emergency re-
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1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 FEDERAL ASSISTANCE

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

6 $60,000,000, to remain available until September 30, 

7 2020, for the emergency food and shelter program under 

8 Title III of the McKinney-Vento Homeless Assistance Act 

9 (42 U.S.C. 11331 et seq.) for the purposes of providing 

10 assistance to aliens released from the custody of the De11 partment of Homeland Security: Provided, That notwith12 standing Sections 315 and 316(b) of such Act, funds made 

13 available under this section shall be disbursed by the 

14 Emergency Food and Shelter Program National Board 

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

16 becomes available: Provided further, That the Emergency 

17 Food and Shelter Program National Board shall distribute 

18 such funds only to jurisdictions or local recipient organiza19 tions serving communities that have experienced a signifi20 cant influx of such aliens: Provided further, That such 

21 funds may be used to reimburse such jurisdictions or local 

22 recipient organizations for costs incurred in providing 

23 services to such aliens on or after January 1, 2019: Pro24 vided further, That such amount is designated by the Con25 gress as being for an emergency requirement pursuant to 
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1 section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 201. Notwithstanding any other provision of 

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

6 shall only be used for the purposes specifically described 

7 under that heading. 

8 SEC. 202. Division A of the Consolidated Appropria9 tions Act, 2019 (Public Law 116–6) is amended by adding 

10 after section 540 the following: 

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

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

13 ‘‘(1) in subsection (a), by substituting ‘Sep14 tember 30, 2019,’ for ‘September 30, 2017,’; and 

15 ‘‘(2) in subsection (c)(1), by substituting ‘Sep16 tember 30, 2019,’ for ‘September 30, 2017’. 

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

18 authority of section 831 of the Homeland Security Act of 

19 2002 (6 U.S.C. 391(a)), may carry out prototype projects 

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

21 the Secretary shall perform the functions of the Secretary 

22 of Defense as prescribed. 

23 ‘‘(c) The Secretary of Homeland Security under sec24 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 

25 391(d)) may use the definition of nontraditional govern-
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1 ment contractor as defined in section 2371b(e) of title 10, 

2 United States Code.’’. 

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

4 Homeland Security shall establish policies and distribute 

5 written personnel guidance, as appropriate, not later than 

6 60 days after the date of enactment of this Act on the 

7 following: 

8 (1) Providing private meeting space and video 

9 teleconferencing access for individuals returned to 

10 Mexico under the Migrant Protection Protocols to 

11 consult with legal counsel, including prior to initial 

12 immigration court hearings. 

13 (2) Efforts, in consultation with the Depart14 ment of State, to address the housing, transpor15 tation, and security needs of such individuals. 

16 (3) Efforts, in consultation with the Depart17 ment of Justice, to ensure that such individuals are 

18 briefed, in their primary spoken language to the 

19 greatest extent possible, on their legal rights and ob20 ligations prior to being returned to Mexico. 

21 (4) Efforts, in consultation with the Depart22 ment of Justice, to prioritize the immigration pro23 ceedings of such individuals. 
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1 (5) The establishment of written policies defin2 ing categories of vulnerable individuals who should 

3 not be so returned. 

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

5 Protection Protocols’’ means the actions taken by the Sec6 retary to implement the memorandum dated January 25, 

7 2019 entitled ‘‘Policy Guidance for the Implementation of 

8 the Migrant Protection Protocols’’. 

9 (c) The amounts provided by this section are des10 ignated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

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

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

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

16 Customs and Border Protection establishes policies (via 

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

18 training programs to ensure that such facilities adhere to 

19 the National Standards on Transport, Escort, Detention, 

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

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

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

23 a detailed report to the Committees on Appropriations of 

24 the Senate and the House of Representatives, the Com25 mittee on the Judiciary of the Senate, and the House Ju-
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1 diciary Committee regarding the establishment and imple2 mentation of such policies and training programs. 

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

4 enactment of this Act, the Secretary of Homeland Security 

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

6 Border Protection Officers assigned to Northern Border 

7 land ports of entry and temporarily assigned to the ongo8 ing humanitarian crisis: Provided, That the report shall 

9 outline what resources and conditions would allow a return 

10 to northern border staffing levels that are no less than 

11 the number committed in the June 12, 2018 Department 

12 of Homeland Security Northern Border Strategy: Pro13 vided further, That the report shall include the number 

14 of officers temporarily assigned to the southwest border 

15 in response to the ongoing humanitarian crisis, the num16 ber of days the officers will be away from their northern 

17 border assignment, the northern border ports from which 

18 officers are being assigned to the southwest border, and 

19 efforts being made to limit the impact on operations at 

20 each northern border land port of entry where officers 

21 have been temporarily assigned to the southwest border. 

22 SEC. 206. None of the funds appropriated or other23 wise made available by this Act or division A of the Con24 solidated Appropriations Act, 2019 (Public Law 116–6) 

25 for the Department of Homeland Security may be used 
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1 to relocate to the National Targeting Center the vetting 

2 of Trusted Traveler Program applications and operations 

3 currently carried out at existing locations unless specifi4 cally authorized by a statute enacted after the date of en5 actment of this Act. 

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

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

8 and Support’’, $200,000,000 is for a multi-agency, inte9 grated, migrant processing center pilot program for family 

10 units and unaccompanied alien children, including the fol11 lowing: 

12 (1) Ongoing assessment and treatment efforts 

13 for physical or mental health conditions, including 

14 development of a support plan and services for each 

15 member of a vulnerable population. 

16 (2) Assessments of child protection and welfare 

17 needs. 

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

19 clothing, and activities appropriate for the non20 penal, civil detention of families. 

21 (4) Personnel with appropriate training on car22 ing for families and vulnerable populations in a civil 

23 detention environment. 

24 (5) Free telephonic communication access, in25 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 SEC. 208. Not later than 30 days after the date of 

17 enactment of this Act, the Secretary of Homeland Security 

18 shall establish final plans, standards, and protocols to pro19 tect the health and safety of individuals in the custody 

20 of U.S. Customs and Border Protection, which shall in21 clude— 

22 (1) standards and response protocols for med23 ical assessments and medical emergencies; 
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1 (2) requirements for ensuring the provision of 

2 water, appropriate nutrition, hygiene, and sanitation 

3 needs; 

4 (3) standards for temporary holding facilities 

5 that adhere to best practices for the care of children, 

6 which shall be in compliance with the relevant rec7 ommendations in the Policy Statement of the Amer8 ican Academy of Pediatrics entitled, ‘‘Detention of 

9 Immigrant Children’’; 

10 (4) protocols for responding to surges of mi11 grants crossing the southern border or arriving at 

12 land ports of entry; and 

13 (5) required training for all Federal and con14 tract personnel who interact with migrants on the 

15 care and treatment of individuals in civil detention. 

16 SEC. 209. Not later than 120 days after the date of 

17 enactment of this Act, the Secretary of Homeland Security 

18 shall submit to the House of Representatives and the Sen19 ate a plan for ensuring access to appropriate translation 

20 services for all individuals encountered by U.S. Customs 

21 and Border Protection, U.S. Immigration and Customs 

22 Enforcement, and U.S. Citizenship and Immigration Serv23 ices, including an estimate of related resource require24 ments and the feasibility and potential benefit of these 

25 components jointly procuring such services. 
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1 TITLE III 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 ADMINISTRATION FOR CHILDREN AND FAMILIES

5 REFUGEE AND ENTRANT ASSISTANCE

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Refugee and Entrant 

8 Assistance’’ $2,881,552,000, to be merged with and avail9 able for the same period as funds appropriated in division 

10 B of Public Law 115–245 and made available through fis11 cal year 2021 under this heading, and to be made available 

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

13 Provided, That if any part of the reprogramming described 

14 in the notification submitted by the Secretary of Health 

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

16 on Appropriations of the House of Representatives and the 

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

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

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

20 reprogramming: Provided further, That of the amounts 

21 provided under this heading, the amount allocated by the 

22 Secretary for costs of leases of property that include facili23 ties to be used as hard-sided dormitories for which the 

24 Secretary intends to seek State licensure for the care of 

25 unaccompanied alien children, and that are executed 
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1 under authorities transferred to the Director of the Office 

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

3 Homeland Security Act of 2002, shall remain available 

4 until expended: Provided further, That ORR shall notify 

5 the Committees on Appropriations of the House of Rep6 resentatives and the Senate within 72 hours of conducting 

7 a formal assessment of a facility for possible lease or ac8 quisition and within 7 days of any lease or acquisition of 

9 real property: Provided further, That not less than 

10 $866,000,000 of the amounts provided under this heading 

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

12 and for expanding the supply of shelters for which State 

13 licensure will be sought, of which not less than 

14 $27,000,000 shall be available for the purposes of adding 

15 shelter beds in State-licensed facilities in response to fund16 ing opportunity HHS–2017–ACF–ORR–ZU–1132, and of 

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

18 expansion grants to add beds in State-licensed facilities 

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

20 costs to acquire, activate, and operate facilities that in21 clude small- and medium-scale hard-sided facilities for 

22 which the Secretary intends to seek State licensure in an 

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

24 facilities: Provided further, That not less than 

25 $100,000,000 of the amounts provided under this heading 
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1 shall be used for post-release services, child advocates, and 

2 legal services: Provided further, That the amount made 

3 available for legal services in the preceding proviso shall 

4 be made available for the same purposes for which 

5 amounts were provided for such services in fiscal year 

6 2017: Provided further, That not less than $8,000,000 of 

7 the amounts provided under this heading shall be used for 

8 the purposes of hiring additional Federal Field Specialists 

9 and for increasing case management and case coordination 

10 services, with the goal of more expeditiously placing unac11 companied alien children with sponsors and reducing the 

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

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

14 heading shall be used for the purposes of hiring project 

15 officers and program monitor staff dedicated to pursuing 

16 strategic improvements to the Unaccompanied Alien Chil17 dren program and for the development of a discharge rate 

18 improvement plan which shall be submitted to the Com19 mittees on Appropriations of the House of Representatives 

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

21 of this Act: Provided further, That of the amounts pro22 vided under this heading, $5,000,000 shall be transferred 

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

24 and shall remain available until expended for oversight of 

25 activities supported with funds appropriated under this 
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1 heading: Provided further, That none of the funds made 

2 available under this heading may be transferred pursuant 

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

4 115–245: Provided further, That the amount provided 

5 under this heading is designated by the Congress as being 

6 for an emergency requirement pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 GENERAL PROVISIONS—THIS TITLE 

10 SEC. 301. The Secretary of Health and Human Serv11 ices (the ‘‘Secretary’’) shall prioritize use of community12 based residential care (including long-term and transi13 tional foster care and small group homes) and shelter care 

14 other than large-scale institutional shelter facilities to 

15 house unaccompanied alien children in the custody of the 

16 Department of Health and Human Services. The Sec17 retary shall prioritize State-licensed, hard-sided dor18 mitories. 

19 SEC. 302. 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 remain available for obliga23 tion only if the operational directives issued by the Office 

24 of Refugee Resettlement between December 1, 2018, and 
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1 June 15, 2019, to accelerate the identification and ap2 proval of sponsors, remain in effect. 

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

4 the heading ‘‘Department of Health and Human Serv5 ices—Administration for Children and Families—Refugee 

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

7 and conditions of section 224 of division A of the Consoli8 dated Appropriations Act, 2019 (Public Law 116–6). 

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

10 Act under the heading ‘‘Department of Health and 

11 Human Services—Administration for Children and Fami12 lies—Refugee and Entrant Assistance’’ may be obligated 

13 to a grantee or contractor to house unaccompanied alien 

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

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

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

17 unaccompanied alien children, except in the case that the 

18 Secretary of Health and Human Services (the ‘‘Sec19 retary’’) determines that housing unaccompanied alien 

20 children in such a facility is necessary on a temporary 

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

22 Provided, That— 

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

24 operations of any such facility that remains in oper-
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1 ation for more than six consecutive months shall re2 quire compliance with— 

3 (A) the same requirements as licensed 

4 placements, as listed in Exhibit 1 of the Flores 

5 Settlement Agreement, regardless of the status 

6 of the underlying settlement agreement; 

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

8 Care Worker for every 8 children or youth dur9 ing waking hours, 1 on-duty Youth Care Work10 er for every 16 children or youth during sleep11 ing hours, and clinician ratios to children (in12 cluding mental health providers) as required in 

13 grantee cooperative agreements; and 

14 (C) access provided to legal services; 

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

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

17 paragraph (1) if the Secretary certifies and provides 

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

19 good-faith efforts and progress towards compliance 

20 and the report specifies each requirement referenced 

21 in paragraph (1) that is being waived for 60 days; 

22 (3) the Secretary shall not waive requirements 

23 for grantees or contractors to provide or arrange for 

24 the following services— 
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1 (A) proper physical care and maintenance, 

2 including suitable living accommodations, food, 

3 appropriate clothing, and personal grooming 

4 items; 

5 (B) a complete medical examination (in6 cluding screening for infectious diseases) within 

7 48 hours of admission, unless the minor was re8 cently examined at another facility; 

9 (C) appropriate routine medical and dental 

10 care; 

11 (D) at least one individual counseling ses12 sion per week conducted by trained social work 

13 staff with the specific objectives of reviewing a 

14 minor’s progress, establishing new short term 

15 objectives, and addressing both the develop16 mental and crisis-related needs of each minor; 

17 (E) educational services appropriate to the 

18 minor’s level of development, and communica19 tion skills in a structured classroom setting, 

20 Monday through Friday, which concentrates 

21 primarily on the development of basic academic 

22 competencies and secondarily on English Lan23 guage Training; 

24 (F) activities according to a leisure time 

25 plan which shall include daily outdoor activity, 
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1 weather permitting, at least one hour per day 

2 of large muscle activity and one hour per day 

3 of structured leisure time activities (this should 

4 not include time spent watching television). Ac5 tivities should be increased to three hours on 

6 days when school is not in session; 

7 (G) whenever possible, access to religious 

8 services of the minor’s choice; 

9 (H) visitation and contact with family 

10 members (regardless of their immigration sta11 tus) which is structured to encourage such visi12 tation. The staff shall respect the minor’s pri13 vacy while reasonably preventing the unauthor14 ized release of the minor; 

15 (I) family reunification services designed to 

16 identify relatives in the United States as well as 

17 in foreign countries and assistance in obtaining 

18 legal guardianship when necessary for the re19 lease of the minor; and 

20 (J) legal services information regarding the 

21 availability of free legal assistance, the right to 

22 be represented by counsel at no expense to the 

23 government, the right to a deportation or exclu24 sion hearing before an immigration judge, the 
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1 right to apply for political asylum or to request 

2 voluntary departure in lieu of deportation; 

3 (4) if the Secretary determines that a con4 tractor or grantee is not in compliance with any of 

5 the requirements set forth in paragraph (3), the Sec6 retary shall not permit such contractor or grantee to 

7 continue to provide services beyond a reasonable pe8 riod, not to exceed 60 days, needed to award a con9 tract or grant to a new service provider, and the in10 cumbent contractor or grantee shall not be eligible 

11 to compete for the new contract or grant; 

12 (5) not more than three consecutive waivers 

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

14 or grantee with respect to a specific facility; 

15 (6) ORR shall ensure full adherence to the 

16 monitoring requirements set forth in section 5.5 of 

17 its Policies and Procedures Guide as of June 15, 

18 2019; 

19 (7) for any such unlicensed facility in operation 

20 for more than three consecutive months, ORR shall 

21 conduct a minimum of one comprehensive moni22 toring visit during the first three months of oper23 ation, with quarterly monitoring visits thereafter; 

24 (8) 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; and 

4 (9) the amounts provided by this section are 

5 designated by the Congress as being for an emer6 gency requirement pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 

9 SEC. 305. In addition to the existing Congressional 

10 notification requirements for formal site assessments of 

11 potential influx facilities, the Secretary shall notify the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate at least 15 days before 

14 operationalizing an unlicensed facility, and shall (1) speci15 fy whether the facility is hard-sided or soft-sided, and (2) 

16 provide analysis that indicates that, in the absence of the 

17 influx facility, the likely outcome is that unaccompanied 

18 alien children will remain in the custody of the Depart19 ment of Homeland Security for longer than 72 hours or 

20 that unaccompanied alien children will be otherwise placed 

21 in danger. Within 60 days of bringing such a facility on22 line, and monthly thereafter, the Secretary shall provide 

23 to the Committees on Appropriations of the House of Rep24 resentatives and the Senate a report detailing the total 

25 number of children in care at the facility, the average 
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1 length of stay and average length of care of children at 

2 the facility, and, for any child that has been at the facility 

3 for more than 60 days, their length of stay and reason 

4 for delay in release. 

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

6 feasible, no unaccompanied alien child is at an unlicensed 

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

8 sponsor within 30 days. 

9 (b) The Secretary shall ensure that no unaccom10 panied alien child is at an unlicensed facility if the child— 

11 (1) is under the age of 13; 

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

13 her preferred language; 

14 (3) has known special needs, behavioral health 

15 issues, or medical issues that would be better served 

16 at an alternative facility; 

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

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

19 a result of the transfer to such an unlicensed facil20 ity. 

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

22 advance of any transfer, where applicable. 

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

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

25 Member of the House of Representatives from entering, 
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1 for the purpose of conducting oversight, any facility in the 

2 United States used for the purpose of maintaining custody 

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

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

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

6 this section shall be construed to require such a Senator 

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

8 such a facility for such purpose. 

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

10 enactment of this Act, and monthly thereafter, the Sec11 retary of Health and Human Services shall submit to the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate, and make publicly available online, 

14 a report with respect to children who were separated from 

15 their parents or legal guardians by the Department of 

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

17 such separation was pursuant to an option selected by the 

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

19 unaccompanied alien children, and transferred to the care 

20 and custody of ORR during the previous month. Each re21 port shall contain the following information: 

22 (1) The number and ages of children so sepa23 rated subsequent to apprehension at or between 

24 ports of entry, to be reported by sector where sepa25 ration occurred. 
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1 (2) The documented cause of separation, as re2 ported by DHS when each child was referred. 

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

4 enactment of this Act, the Secretary of Health and 

5 Human Services shall submit to the Committees on Ap6 propriations of the House of Representatives and the Sen7 ate a detailed spend plan of anticipated uses of funds 

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

9 list of existing grants and contracts for both permanent 

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

11 timelines; costs for expanding capacity through the use of 

12 community-based residential care placements (including 

13 long-term and transitional foster care and small group 

14 homes) through new or modified grants and contracts; 

15 current and planned efforts to expand small-scale shelters 

16 and available foster care placements, including collabora17 tion with state child welfare providers; influx facilities 

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

19 provided for legal services, child advocates, and post re20 lease services; program administration; and the average 

21 number of weekly referrals and discharge rate assumed 

22 in the spend plan: Provided, That such plan shall be up23 dated to reflect changes and expenditures and submitted 

24 to the Committees on Appropriations of the House of Rep-
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1 resentatives and the Senate every 60 days until all funds 

2 are expended or expire. 

3 SEC. 310. The Office of Refugee Resettlement shall 

4 ensure that its grantees are aware of current law regard5 ing the use of information collected as part of the sponsor 

6 vetting process. 

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

8 death of any unaccompanied alien child in Office of Ref9 ugee Resettlement (ORR) custody or in the custody of any 

10 grantee on behalf of ORR within 24 hours, including rel11 evant details regarding the circumstances of the fatality, 

12 to the Committees on Appropriations of the House of Rep13 resentatives and the Senate. 

14 SEC. 312. Notwithstanding any other provision of 

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

16 ‘‘Department of Health and Human Services—Adminis17 tration for Children and Families—Refugee and Entrant 

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

19 described under that heading. 

20 SEC. 313. (a) The Secretary of Health and Human 

21 Services shall ensure that no unaccompanied alien child 

22 (as defined in section 462(g)(2) of the Homeland Security 

23 Act of 2002 (6 U.S.C. 279(g)(2))) spends more than 90 

24 days, in the aggregate, at an unlicensed facility. 
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1 (b) Not later than 45 days after the date of enact2 ment of this Act, the Secretary shall ensure transfer to 

3 a State-licensed facility for any unaccompanied alien child 

4 who has been at an unlicensed facility for longer than 90 

5 days. 

6 (c) Subsections (a) and (b) shall not apply to an un7 accompanied alien child when the Secretary determines 

8 that a potential sponsor had been identified and the unac9 companied alien child is expected to be placed with the 

10 sponsor within 30 days. 

11 (d) Notwithstanding subsections (a) and (b), if the 

12 Secretary determines there is insufficient space available 

13 at State-licensed facilities to transfer an unaccompanied 

14 alien child who has been at an unlicensed facility for 

15 longer than 90 days, the Secretary shall submit a written 

16 justification to the Committees on Appropriations of the 

17 House of Representatives and the Senate, and shall sub18 mit a summary every two weeks, disaggregated by influx 

19 facility, on the number of unaccompanied alien children 

20 at each influx facility longer than 90 days, with a sum21 mary of both the status of placement and the transfer ef22 forts for all children who have been in care for longer than 

23 90 days. 
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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

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

4 available by the Department of State, Foreign Operations, 

5 and Related Programs Appropriations Act, 2017 (division 

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

7 assistance for El Salvador, Guatemala, and Honduras may 

8 not be reprogrammed after the date of enactment of this 

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

10 funds were initially obligated: Provided, That if the Sec11 retary of State suspends assistance for the central govern12 ment of El Salvador, Guatemala, or Honduras pursuant 

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

14 of the funds for such central government shall be repro15 grammed for assistance through nongovernmental organi16 zations or local government entities in such country: Pro17 vided further, That the balance of such funds shall only 

18 be reprogrammed for assistance for countries in the West19 ern Hemisphere. 

20 (b) FISCAL YEAR 2018.—Section 7045(a) of the De21 partment of State, Foreign Operations, and Related Pro22 grams Appropriations Act, 2018 (division K of Public Law 

23 115–141) is amended by striking paragraph (4)(D) and 

24 inserting in lieu of paragraph (1) the following paragraph: 
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1 ‘‘(1) FUNDING.—Subject to the requirements of 

2 this subsection, of the funds appropriated under ti3 tles III and IV of this Act, not less than 

4 $615,000,000 shall be made available for assistance 

5 for countries in Central America, of which not less 

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

7 Salvador, Guatemala, and Honduras to implement 

8 the United States Strategy for Engagement in Cen9 tral America (the Strategy): Provided, That such 

10 amounts shall be made available notwithstanding 

11 any provision of law permitting deviations below 

12 such amounts: Provided further, That if the Sec13 retary of State cannot make the certifications under 

14 paragraph (3), or makes a determination under 

15 paragraph (4)(A) or (4)(C) that the central govern16 ment of El Salvador, Guatemala, or Honduras is not 

17 meeting the requirements of this subsection, not less 

18 than 75 percent of the funds for such central gov19 ernment shall be reprogrammed for assistance 

20 through nongovernmental organizations or local gov21 ernment entities in such country: Provided further, 

22 That the balance of such funds shall only be repro23 grammed for assistance for countries in the Western 

24 Hemisphere.’’. 
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•HR 3401 EH

1 (c) FISCAL YEAR 2019.—Section 7045(a) of the De2 partment of State, Foreign Operations, and Related Pro3 grams Appropriations Act, 2019 (division F of Public Law 

4 116–6) is amended by striking paragraph (2)(C) and in5 serting at the end, between paragraph (4)(B) and sub6 section (b), the following new paragraph: 

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

8 this subsection, of the funds appropriated under ti9 tles III and IV of this Act, not less than 

10 $540,850,000 shall be made available for assistance 

11 for countries in Central America, of which not less 

12 than $452,000,000 shall be made available for as13 sistance for El Salvador, Guatemala, and Honduras 

14 to implement the United States Strategy for En15 gagement in Central America: Provided, That such 

16 amounts shall be made available notwithstanding 

17 any provision of law permitting deviations below 

18 such amounts: Provided further, That if the Sec19 retary of State cannot make the certification under 

20 paragraph (1), or makes a determination under 

21 paragraph (2) that the central government of El 

22 Salvador, Guatemala, or Honduras is not meeting 

23 the requirements of this subsection, not less than 75 

24 percent of the funds for such central government 

25 shall be reprogrammed for assistance through non-
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•HR 3401 EH

1 governmental organizations or local government enti2 ties in such country: Provided further, That the bal3 ance of such funds shall only be reprogrammed for 

4 assistance for countries in the Western Hemi5 sphere.’’. 

6 SEC. 402. Each amount appropriated or made avail7 able by this Act is in addition to amounts otherwise appro8 priated for the fiscal year involved. 

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

10 this Act shall remain available for obligation beyond the 

11 current fiscal year unless expressly so provided herein. 

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

13 the additional amounts appropriated by this Act to appro14 priations accounts shall be available under the authorities 

15 and conditions applicable to such appropriations accounts 

16 for fiscal year 2019. 

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

18 Congress as being for an emergency requirement pursuant 

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

20 Emergency Deficit Control Act of 1985 shall be available 

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

22 President subsequently so designates all such amounts 

23 and transmits such designations to the Congress. 

24 SEC. 406. Any amount appropriated by this Act, des25 ignated by the Congress as being for an emergency re-
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•HR 3401 EH

1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985 

3 and subsequently so designated by the President, and 

4 transferred pursuant to transfer authorities provided by 

5 this Act shall retain such designation. 

6 This Act may be cited as the ‘‘Emergency Supple7 mental Appropriations for Humanitarian Assistance and 

8 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 

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