Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019

Making emergency supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2019, and for other purposes, namely: I DEPARTMENT OF JUSTICE General administration Executive office for immigration review For an additional amount for Executive Office for Immigration Review Provided Provided further United States Marshals Service federal prisoner detention For an additional amount for Federal Prisoner Detention Provided II DEPARTMENT OF DEFENSE Operation and Maintenance operation and maintenance, army For an additional amount for Operation and Maintenance, Army Provided operation and maintenance, marine corps For an additional amount for Operation and Maintenance, Marine Corps Provided operation and maintenance, air force For an additional amount for Operation and Maintenance, Air Force Provided operation and maintenance, army national guard For an additional amount for Operation and Maintenance, Army National Guard Provided III DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection OPERATIONS AND SUPPORT For an additional amount for Operations and Support Provided Provided further PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for Procurement, Construction, and Improvements Provided U.S. Immigration and customs enforcement OPERATIONS AND SUPPORT For an additional amount for Operations and Support Provided Provided further Federal emergency management agency FEDERAL ASSISTANCE For an additional amount for Federal Assistance 42 U.S.C. 11331 Provided Provided further Provided further Provided further General Provisions—This Title 301. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading. 302. Division A of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 541. (a) Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 (1) In subsection (a), by substituting September 30, 2019, September 30, 2017, (2) In subsection (c)(1), by substituting September 30, 2019, September 30, 2017 (b) The Secretary of Homeland Security, under the authority of section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a) (c) The Secretary of Homeland Security under section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391(d) . 303. None of the funds provided in this Act under U.S. Customs and Border Protection—Operations and Support Provided 304. No later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall provide a report on the number of U.S. Customs and Border Protection Officers assigned to northern border land ports of entry and temporarily assigned to the ongoing humanitarian crisis: Provided Provided further 305. None of the funds appropriated or otherwise made available by this Act or division A of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 306. The personnel, supplies, or equipment of any component of the Department of Homeland Security may be deployed to support activities of the Department of Homeland Security related to the significant rise in aliens at the southwest border and related activities, and for the enforcement of immigration and customs laws, detention and removals of aliens crossing the border unlawfully, and investigations without reimbursement as jointly agreed by the detailing components. IV DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for children and families refugee and entrant assistance For an additional amount for Refugee and Entrant Assistance Public Law 115–245 for carrying out such sections 414, 501, 462, and 235 Provided Secretary Provided further Provided further Provided further Provided further Provided further Provided further Provided further Office of the Secretary—Office of Inspector General Provided further general provisions—this title 401. The Secretary of Health and Human Services (the Secretary 402. The Office of Refugee Resettlement shall ensure that its grantees and, to the greatest extent practicable, potential sponsors of unaccompanied alien children are aware of current law regarding the use of information collected as part of the sponsor suitability determination process. 403. (a) None of the funds provided by this or any prior appropriations Act may be used to reverse changes in procedures made by operational directives issued to providers by the Office of Refugee Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019 regarding the Memorandum of Agreement on Information Sharing executed April 13, 2018. (b) Notwithstanding subsection (a), the Secretary may make changes to such operational directives upon making a determination that such changes are necessary to prevent unaccompanied alien children from being placed in danger, and the Secretary shall provide a written justification to Congress and the Inspector General of the Department of Health and Human Services in advance of implementing such changes. (c) Within 15 days of the Secretary’s communication of the justification, the Inspector General of the Department of Health and Human Services shall provide an assessment, in writing, to the Secretary and to Committees on Appropriations of the House of Representatives and the Senate of whether such changes to operational directives are necessary to prevent unaccompanied children from being placed in danger. 404. None of the funds made available in this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance 6 U.S.C. 279(g)(2) (1) the terms of the grant or contract for the operations of any such facility that remains in operation for more than six consecutive months shall require compliance with— (A) the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities; and (B) staffing ratios of one (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours, one (1) on-duty Youth Care Worker for every sixteen (16) children or youth during sleeping hours, and clinician ratios to children (including mental health providers) as required in grantee cooperative agreements; (2) the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor’s or grantee’s good-faith efforts and progress towards compliance; (3) not more than four consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility; (4) ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019; (5) for any such unlicensed facility in operation for more than three consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first three months of operation, with quarterly monitoring visits thereafter; and (6) not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities. 405. In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger. Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release. 406. (a) The Secretary shall ensure that, when feasible, no unaccompanied alien child is at an unlicensed facility if the child— (1) is not expected to be placed with a sponsor within 30 days; (2) is under the age of 13; (3) does not speak English or Spanish as his or her preferred language; (4) has known special needs, behavioral health issues, or medical issues that would be better served at an alternative facility; (5) is a pregnant or parenting teen; or (6) would have a diminution of legal services as a result of the transfer to such an unlicensed facility. (b) ORR shall notify a child’s attorney of record in advance of any transfer, where applicable. 407. None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) 408. Not later than 14 days after the date of enactment of this Act, and monthly thereafter, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month. Each report shall contain the following information: (1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred; and (2) the documented cause of separation, as reported by DHS when each child was referred. 409. Funds made available in this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance Public Law 116–6 410. Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account, including the following: a list of existing grants and contracts for both permanent and influx facilities, including their costs, capacity, and timelines; costs for expanding capacity through the use of community-based residential care placements (including long-term and transitional foster care and small group homes) through new or modified grants and contracts; current and planned efforts to expand small-scale shelters and available foster care placements, including collaboration with state child welfare providers; influx facilities being assessed for possible use, costs and services to be provided for legal services, child advocates, and post release services; program administration; and the average number of weekly referrals and discharge rate assumed in the spend plan: Provided V General Provisions—This Act 501. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2019. 504. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 505. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation. 506. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate on the number of asylum officers and immigration judges, including temporary immigration judges, and the corresponding number of support staff necessary— (1) to fairly and effectively make credible fear determinations with respect to individuals within family units and unaccompanied alien children; (2) to ensure that the credible fear determination and asylum interview is completed not later than 20 days after the date on which a family unit is apprehended; and (3) to fairly and effectively review appeals of credible fear determinations with respect to individuals within family units and unaccompanied alien children. In addition, the report shall determine if there is any physical infrastructure such as hearing or courtroom space needed to achieve these goals. This Act may be cited as the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 June 19, 2019 Read twice and placed on the calendar

Summary: Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 This bill provides $4.59 billion in FY2019 emergency supplemental appropriations to federal departments and agencies for humanitarian assistance and security to respond to migrants attempting to enter the United States at the southern border. The funding provided by this bill is designated as emergency spending, which is exempt from discretionary spending limits. The bill provides appropriations to the Department of Justice for the Executive Office for Immigration Review and the U.S. Marshals Service; the Department of Defense for the Operation and Maintenance accounts of the Army, Marine Corps, Air Force, and Army National Guard; and the Department of Health and Human Services for the Administration for Children and Families. Within the Department of Homeland Security, the bill provides appropriations for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Federal Emergency Management Agency. The bill also sets forth requirements and restrictions for using funds provided by this bill.