II

Calendar No. 115

116TH CONGRESS

1ST SESSION S. 1900

Making emergency supplemental appropriations for the fiscal year ending

September 30, 2019, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 19, 2019

Mr. SHELBY, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

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’’, $65,000,000, of which $45,000,000

7 shall be for the hiring of 30 additional Immigration Judge

8 Teams, of which $10,000,000 shall be used for the pur9 chase or lease of immigration judge courtroom space and

10 equipment, and of which $10,000,000 shall be used only

11 for services and activities provided by the Legal Orienta12 tion Program: Provided, That Immigration Judge Teams

13 shall include appropriate attorneys, law clerks, paralegals,

14 court administrators, and other support staff: Provided

15 further, That such amount is designated by the Congress

16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985.

19 UNITED STATES MARSHALS SERVICE

20 FEDERAL PRISONER DETENTION

21 For an additional amount for ‘‘Federal Prisoner De22 tention’’, for necessary expenses related to United States

23 prisoners in the custody of the United States Marshals

24 Service, to be used only as authorized by section 4013 of

25 title 18, United States Code, $155,000,000, to remain
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1 available until expended: Provided, That such amount is

2 designated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985.
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1 TITLE II

2 DEPARTMENT OF DEFENSE

3 OPERATION AND MAINTENANCE

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and Main6 tenance, Army’’, $92,800,000, for necessary expenses to

7 respond to the significant rise in unaccompanied minors

8 and family unit aliens at the southwest border and related

9 activities: Provided, That such amount is designated by

10 the Congress as being for an emergency requirement pur11 suant to section 251(b)(2)(A)(i) of the Balanced Budget

12 and Emergency Deficit Control Act of 1985.

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For an additional amount for ‘‘Operation and Main15 tenance, Marine Corps’’, $13,025,000, for necessary ex16 penses to respond to the significant rise in unaccompanied

17 minors and family unit aliens at the southwest border and

18 related activities: Provided, That such amount is des19 ignated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985.

22 OPERATION AND MAINTENANCE, AIR FORCE

23 For an additional amount for ‘‘Operation and Main24 tenance, Air Force’’, $18,000,000, for necessary expenses

25 to respond to the significant rise in unaccompanied minors
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1 and family unit aliens at the southwest border and related

2 activities: 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 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

7 For an additional amount for ‘‘Operation and Main8 tenance, Army National Guard’’, $21,024,000, for nec9 essary expenses to respond to the significant rise in unac10 companied minors and family unit aliens at the southwest

11 border and related activities: Provided, That such amount

12 is designated by the Congress as being for an emergency

13 requirement pursuant to section 251(b)(2)(A)(i) of the

14 Balanced Budget and Emergency Deficit Control Act of

15 1985.
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1 TITLE III

2 DEPARTMENT OF HOMELAND SECURITY

3 U.S. CUSTOMS AND BORDER PROTECTION

4 OPERATIONS AND SUPPORT

5 For an additional amount for ‘‘Operations and Sup6 port’’ for necessary expenses to respond to the significant

7 rise in aliens at the southwest border and related activi8 ties, $1,015,431,000; of which $819,950,000 shall be

9 available until September 30, 2020: Provided, That of the

10 amounts provided under this heading, $708,000,000 is for

11 establishing and operating migrant care and processing fa12 cilities, $111,950,000 is for consumables and medical

13 care, $35,000,000 is for transportation, $110,481,000 is

14 for temporary duty and overtime costs including reim15 bursements, and $50,000,000 is for mission support data

16 systems and analysis: Provided further, That such amount

17 is designated by the Congress as being for an emergency

18 requirement pursuant to section 251(b)(2)(A)(i) of the

19 Balanced Budget and Emergency Deficit Control Act of

20 1985.

21 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

22 For an additional amount for ‘‘Procurement, Con23 struction, and Improvements’’ for migrant care and proc24 essing facilities, $85,000,000, to remain available until

25 September 30, 2023: Provided, That such amount is des-
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1 ignated by the Congress as being for an emergency re2 quirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985.

4 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

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, $208,945,000: Provided, That of the amounts pro10 vided under this heading, $35,943,000 is for transpor11 tation of unaccompanied alien children, $11,981,000 is for

12 detainee transportation for medical needs, court pro13 ceedings, or relocation from U.S. Customs and Border

14 Protection custody, $20,000,000 is for alternatives to de15 tention, $45,000,000 is for detainee medical care,

16 $69,735,000 is for temporary duty, overtime, and other

17 on-board personnel costs including reimbursements,

18 $5,000,000 is for the Office of Professional Responsibility

19 for background investigations and facility inspections, and

20 $21,286,000 is for Homeland Security Investigations

21 human trafficking investigations: Provided further, That

22 such amount is designated by the Congress as being for

23 an emergency requirement pursuant to section

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

25 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 $30,000,000, 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 become 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. 301. 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. 302. 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. 303. None of the funds provided in this Act

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

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

4 Customs and Border Protection establishes policies (via

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

6 training programs to ensure that such facilities adhere to

7 the National Standards on Transport, Escort, Detention,

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

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

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

11 a detailed report to the Committees on Appropriations of

12 the Senate and the House of Representatives, the Com13 mittee on the Judiciary of the Senate, and the House Ju14 diciary Committee regarding the establishment and imple15 mentation of such policies and training programs.

16 SEC. 304. No later than 30 days after the date of

17 enactment of this Act, the Secretary of Homeland Security

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

19 Border Protection Officers assigned to northern border

20 land ports of entry and temporarily assigned to the ongo21 ing humanitarian crisis: Provided, That the report shall

22 outline what resources and conditions would allow a return

23 to northern border staffing levels that are no less than

24 the number committed in the June 12, 2018 Department

25 of Homeland Security Northern Border Strategy: Pro-
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1 vided further, That the report shall include the number

2 of officers temporarily assigned to the southwest border

3 in response to the ongoing humanitarian crisis, the num4 ber of days the officers will be away from their northern

5 border assignment, the northern border ports from which

6 officers are being assigned to the southwest border, and

7 efforts being made to limit the impact on operations at

8 each northern border land port of entry where officers

9 have been temporarily assigned to the southwest border.

10 SEC. 305. None of the funds appropriated or other11 wise made available by this Act or division A of the Con12 solidated Appropriations Act, 2019 (Public Law 116–6)

13 for the Department of Homeland Security may be used

14 to relocate to the National Targeting Center the vetting

15 of Trusted Traveler Program applications and operations

16 currently carried out at existing locations unless specifi17 cally authorized by a statute enacted after the date of en18 actment of this Act.

19 SEC. 306. The personnel, supplies, or equipment of

20 any component of the Department of Homeland Security

21 may be deployed to support activities of the Department

22 of Homeland Security related to the significant rise in

23 aliens at the southwest border and related activities, and

24 for the enforcement of immigration and customs laws, de25 tention and removals of aliens crossing the border unlaw-
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1 fully, and investigations without reimbursement as jointly

2 agreed by the detailing components.
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1 TITLE IV

2 DEPARTMENT OF HEALTH AND HUMAN

3 SERVICES

4 ADMINISTRATION FOR CHILDREN AND FAMILIES

5 REFUGEE AND ENTRANT ASSISTANCE

6 For an additional amount for ‘‘Refugee and Entrant

7 Assistance’’, $2,881,552,000, to be merged with and avail8 able for the same period as funds appropriated in Public

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

10 462, and 235’’, which shall be available for any purpose

11 funded under such heading in such law: Provided, That

12 if any part of the reprogramming described in the notifica13 tion submitted by the Secretary of Health and Human

14 Services (the ‘‘Secretary’’) to the Committees on Appro15 priations of the House of Representatives and the Senate

16 on May 16, 2019 has been executed, such amounts pro17 vided by this Act as are necessary shall be used to reverse

18 such reprogramming: Provided further, That amounts allo19 cated by the Secretary for costs of leases of property that

20 include facilities to be used as hard-sided dormitories for

21 which the Secretary intends to seek State licensure for the

22 care of unaccompanied alien children, and that are exe23 cuted under authorities transferred to the Director of the

24 Office of Refugee Resettlement (ORR) under section 462

25 of the Homeland Security Act of 2002, shall remain avail-
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1 able until expended: Provided further, That ORR shall no2 tify the Committees on Appropriations of the House of

3 Representatives and the Senate within 72 hours of con4 ducting a formal assessment of a facility for possible lease

5 or acquisition and within 7 days of any acquisition or lease

6 of real property: Provided further, That not less than

7 $866,000,000 of amounts provided under this heading

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

9 and for expanding the supply of shelters for which State

10 licensure will be sought, of which not less than

11 $27,000,000 shall be available for the purposes of adding

12 shelter beds in State-licensed facilities in response to fund13 ing opportunity HHS–2017–ACF–ORR–ZU–1132, and of

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

15 expansion grants to add beds in State-licensed facilities

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

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

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

19 which the Secretary intends to seek State licensure in an

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

21 facilities: Provided further, That not less than

22 $100,000,000 of amounts provided under this heading

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

24 legal services: Provided further, That not less than

25 $8,000,000 of amounts provided under this heading shall
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1 be used for the purposes of hiring additional Federal Field

2 Specialists and for increasing case management and case

3 coordination services, with the goal of more expeditiously

4 placing unaccompanied alien children with sponsors and

5 reducing the length of stay in ORR custody: Provided fur6 ther, That not less than $1,000,000 of amounts provided

7 under this heading shall be used for the purposes of hiring

8 project officers and program monitor staff dedicated to

9 pursuing strategic improvements to the Unaccompanied

10 Alien Children program and for the development of a dis11 charge rate improvement plan which shall be submitted

12 to the Committees on Appropriations of the House of Rep13 resentatives and the Senate within 120 days of enactment

14 of this Act: Provided further, That of the amounts pro15 vided under this heading, $5,000,000 shall be transferred

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

17 and shall remain available until expended for oversight of

18 activities supported with funds appropriated under this

19 heading: Provided further, That such amount is designated

20 by the Congress as being for an emergency requirement

21 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg22 et and Emergency Deficit Control Act of 1985.

23 GENERAL PROVISIONS—THIS TITLE

24 SEC. 401. The Secretary of Health and Human Serv25 ices (the ‘‘Secretary’’) shall prioritize use of community-
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1 based residential care (including long-term and transi2 tional foster care and small group homes) and shelter care

3 other than large-scale institutional shelter facilities to

4 house unaccompanied alien children in its custody. The

5 Secretary shall prioritize State-licensed and hard-sided

6 dormitories.

7 SEC. 402. The Office of Refugee Resettlement shall

8 ensure that its grantees and, to the greatest extent prac9 ticable, potential sponsors of unaccompanied alien children

10 are aware of current law regarding the use of information

11 collected as part of the sponsor suitability determination

12 process.

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

14 any prior appropriations Act may be used to reverse

15 changes in procedures made by operational directives

16 issued to providers by the Office of Refugee Resettlement

17 on December 18, 2018, March 23, 2019, and June 10,

18 2019 regarding the Memorandum of Agreement on Infor19 mation Sharing executed April 13, 2018.

20 (b) Notwithstanding subsection (a), the Secretary

21 may make changes to such operational directives upon

22 making a determination that such changes are necessary

23 to prevent unaccompanied alien children from being placed

24 in danger, and the Secretary shall provide a written jus25 tification to Congress and the Inspector General of the
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1 Department of Health and Human Services in advance of

2 implementing such changes.

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

4 of the justification, the Inspector General of the Depart5 ment of Health and Human Services shall provide an as6 sessment, in writing, to the Secretary and to Committees

7 on Appropriations of the House of Representatives and the

8 Senate of whether such changes to operational directives

9 are necessary to prevent unaccompanied children from

10 being placed in danger.

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

12 Act under the heading ‘‘Department of Health and

13 Human Services—Administration for Children and Fami14 lies—Refugee and Entrant Assistance’’ may be obligated

15 to a grantee or contractor to house unaccompanied alien

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

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

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

19 unaccompanied alien children, except in the case that the

20 Secretary determines that housing unaccompanied alien

21 children in such a facility is necessary on a temporary

22 basis due to an influx of such children or an emergency,

23 provided that—

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

25 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 that the Secretary deter6 mines are applicable to non-State licensed facili7 ties; and

8 (B) staffing ratios of one (1) on-duty

9 Youth Care Worker for every eight (8) children

10 or youth during waking hours, one (1) on-duty

11 Youth Care Worker for every sixteen (16) chil12 dren or youth during sleeping hours, and clini13 cian ratios to children (including mental health

14 providers) as required in grantee cooperative

15 agreements;

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

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

18 paragraph (1) if the Secretary certifies and provides

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

20 good-faith efforts and progress towards compliance;

21 (3) not more than four consecutive waivers

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

23 or grantee with respect to a specific facility;

24 (4) ORR shall ensure full adherence to the

25 monitoring requirements set forth in section 5.5 of
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1 its Policies and Procedures Guide as of May 15,

2 2019;

3 (5) for any such unlicensed facility in operation

4 for more than three consecutive months, ORR shall

5 conduct a minimum of one comprehensive moni6 toring visit during the first three months of oper7 ation, with quarterly monitoring visits thereafter;

8 and

9 (6) not later than 60 days after the date of en10 actment of this Act, ORR shall brief the Committees

11 on Appropriations of the House of Representatives

12 and the Senate outlining the requirements of ORR

13 for influx facilities including any requirement listed

14 in paragraph (1)(A) that the Secretary has deter15 mined are not applicable to non-State licensed facili16 ties.

17 SEC. 405. In addition to the existing Congressional

18 notification for formal site assessments of potential influx

19 facilities, the Secretary shall notify the Committees on Ap20 propriations of the House of Representatives and the Sen21 ate at least 15 days before operationalizing an unlicensed

22 facility, and shall (1) specify whether the facility is hard23 sided or soft-sided, and (2) provide analysis that indicates

24 that, in the absence of the influx facility, the likely out25 come is that unaccompanied alien children will remain in
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1 the custody of the Department of Homeland Security for

2 longer than 72 hours or that unaccompanied alien children

3 will be otherwise placed in danger. Within 60 days of

4 bringing such a facility online, and monthly thereafter, the

5 Secretary shall provide to the Committees on Appropria6 tions of the House of Representatives and the Senate a

7 report detailing the total number of children in care at

8 the facility, the average length of stay and average length

9 of care of children at the facility, and, for any child that

10 has been at the facility for more than 60 days, their length

11 of stay and reason for delay in release.

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

13 feasible, no unaccompanied alien child is at an unlicensed

14 facility if the child—

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

16 within 30 days;

17 (2) is under the age of 13;

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

19 her preferred language;

20 (4) has known special needs, behavioral health

21 issues, or medical issues that would be better served

22 at an alternative facility;

23 (5) is a pregnant or parenting teen; or
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1 (6) would have a diminution of legal services as

2 a result of the transfer to such an unlicensed facil3 ity.

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

5 advance of any transfer, where applicable.

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

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

8 Member of the House of Representatives from entering,

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

10 United States used for the purpose of maintaining custody

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

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

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

14 or Member has coordinated the oversight visit with the

15 Office of Refugee Resettlement not less than two business

16 days in advance to ensure that such visit would not inter17 fere with the operations (including child welfare and child

18 safety operations) of such facility.

19 SEC. 408. Not later than 14 days after the date of

20 enactment of this Act, and monthly thereafter, the Sec21 retary shall submit to the Committees on Appropriations

22 of the House of Representatives and the Senate, and make

23 publicly available online, a report with respect to children

24 who were separated from their parents or legal guardians

25 by the Department of Homeland Security (DHS) (regard-
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1 less of whether or not such separation was pursuant to

2 an option selected by the children, parents, or guardians),

3 subsequently classified as unaccompanied alien children,

4 and transferred to the care and custody of ORR during

5 the previous month. Each report shall contain the fol6 lowing information:

7 (1) the number and ages of children so sepa8 rated subsequent to apprehension at or between

9 ports of entry, to be reported by sector where sepa10 ration occurred; and

11 (2) the documented cause of separation, as re12 ported by DHS when each child was referred.

13 SEC. 409. Funds made available in this Act under

14 the heading ‘‘Department of Health and Human Serv15 ices—Administration for Children and Families—Refugee

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

17 and conditions of section 224 of division A of the Consoli18 dated Appropriations Act, 2019 (Public Law 116–6).

19 SEC. 410. Not later than 30 days after the date of

20 enactment of this Act, the Secretary shall submit to the

21 Committees on Appropriations of the House of Represent22 atives and the Senate a detailed spend plan of anticipated

23 uses of funds made available in this account, including the

24 following: a list of existing grants and contracts for both

25 permanent and influx facilities, including their costs, ca-
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1 pacity, and timelines; costs for expanding capacity through

2 the use of community-based residential care placements

3 (including long-term and transitional foster care and small

4 group homes) through new or modified grants and con5 tracts; current and planned efforts to expand small-scale

6 shelters and available foster care placements, including

7 collaboration with state child welfare providers; influx fa8 cilities being assessed for possible use, costs and services

9 to be provided for legal services, child advocates, and post

10 release services; program administration; and the average

11 number of weekly referrals and discharge rate assumed

12 in the spend plan: Provided, That such plan shall be up13 dated to reflect changes and expenditures and submitted

14 to the Committees on Appropriations of the House of Rep15 resentatives and the Senate every 60 days until all funds

16 are expended or expired.
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1 TITLE V

2 GENERAL PROVISIONS—THIS ACT

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

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

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

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

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

12 and conditions applicable to such appropriations accounts

13 for fiscal year 2019.

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

15 Congress as being for an emergency requirement pursuant

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

17 Emergency Deficit Control Act of 1985 shall be available

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

19 President subsequently so designates all such amounts

20 and transmits such designations to the Congress.

21 SEC. 505. Any amount appropriated by this Act, des22 ignated by the Congress as an emergency requirement

23 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg24 et and Emergency Deficit Control Act of 1985 and subse25 quently so designated by the President, and transferred
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1 pursuant to transfer authorities provided by this Act shall

2 retain such designation.

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

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

5 United States shall submit a report to the Committees on

6 Appropriations of the House of Representatives and the

7 Senate on the number of asylum officers and immigration

8 judges, including temporary immigration judges, and the

9 corresponding number of support staff necessary—

10 (1) to fairly and effectively make credible fear

11 determinations with respect to individuals within

12 family units and unaccompanied alien children;

13 (2) to ensure that the credible fear determina14 tion and asylum interview is completed not later

15 than 20 days after the date on which a family unit

16 is apprehended; and

17 (3) to fairly and effectively review appeals of

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

20 children.

21 In addition, the report shall determine if there is any phys22 ical infrastructure such as hearing or courtroom space

23 needed to achieve these goals.
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1 This Act may be cited as the ‘‘Emergency Supple2 mental Appropriations for Humanitarian Assistance and

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

Calendar No. 115

116TH CONGRESS

1ST SESSION S. 1900

A BILL

Making emergency supplemental appropriations for

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

JUNE 19, 2019

Read twice and placed on the calendar