H. R. 3401 
One Hundred Sixteenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and nineteen 
An Act 
Making emergency supplemental appropriations for the fiscal year ending September 
30, 2019, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 2019, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 
For an additional amount for ‘‘Executive Office for Immigration 
Review’’, $65,000,000, of which $45,000,000 shall be for the hiring 
of 30 additional Immigration Judge Teams, of which $10,000,000 
shall be used for the purchase or lease of immigration judge court-
room space and equipment, and of which $10,000,000 shall be 
used only for services and activities provided by the Legal Orienta-
tion Program: Provided, That Immigration Judge Teams shall 
include appropriate attorneys, law clerks, paralegals, court adminis-
trators, and other support staff: Provided further, That such amount 
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
UNITED STATES MARSHALS SERVICE 
FEDERAL PRISONER DETENTION 
For an additional amount for ‘‘Federal Prisoner Detention’’, 
for necessary expenses related to United States prisoners in the 
custody of the United States Marshals Service, to be used only 
as authorized by section 4013 of title 18, United States Code, 
$155,000,000, to remain available until expended: Provided, That 
such amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
H. R. 3401—2 
TITLE II 
DEPARTMENT OF DEFENSE 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Maintenance, 
Army’’, $92,800,000, for necessary expenses to respond to the signifi-
cant rise in unaccompanied minors and family unit aliens at the 
southwest border and related activities: Provided, That such amount 
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps’’, $13,025,000, for necessary expenses to respond to 
the significant rise in unaccompanied minors and family unit aliens 
at the southwest border and related activities: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force’’, $18,000,000, for necessary expenses to respond to the 
significant rise in unaccompanied minors and family unit aliens 
at the southwest border and related activities: Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $21,024,000, for necessary expenses to 
respond to the significant rise in unaccompanied minors and family 
unit aliens at the southwest border and related activities: Provided, 
That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985. 
TITLE III 
DEPARTMENT OF HOMELAND SECURITY 
U.S. CUSTOMS AND BORDER PROTECTION 
OPERATIONS AND SUPPORT 
For an additional amount for ‘‘Operations and Support’’ for 
necessary expenses to respond to the significant rise in aliens 
at the southwest border and related activities, $1,015,431,000; of 
which $819,950,000 shall be available until September 30, 2020:
H. R. 3401—3 
Provided, That of the amounts provided under this heading, 
$708,000,000 is for establishing and operating migrant care and 
processing facilities, $111,950,000 is for consumables and medical 
care, $35,000,000 is for transportation, $110,481,000 is for tem-
porary duty and overtime costs including reimbursements, and 
$50,000,000 is for mission support data systems and analysis: Pro-
vided further, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For an additional amount for ‘‘Procurement, Construction, and 
Improvements’’ 
for 
migrant 
care 
and 
processing 
facilities, 
$85,000,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985. 
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
OPERATIONS AND SUPPORT 
For an additional amount for ‘‘Operations and Support’’ for 
necessary expenses to respond to the significant rise in aliens 
at the southwest border and related activities, $208,945,000: Pro-
vided, That of the amounts provided under this heading, 
$35,943,000 is for transportation of unaccompanied alien children, 
$11,981,000 is for detainee transportation for medical needs, court 
proceedings, or relocation from U.S. Customs and Border Protection 
custody, $20,000,000 is for alternatives to detention, $45,000,000 
is for detainee medical care, $69,735,000 is for temporary duty, 
overtime, and other on-board personnel costs including reimburse-
ments, $5,000,000 is for the Office of Professional Responsibility 
for background investigations and facility inspections, and 
$21,286,000 is for Homeland Security Investigations human traf-
ficking investigations: Provided further, That such amount is des-
ignated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
FEDERAL ASSISTANCE 
For an additional amount for ‘‘Federal Assistance’’, $30,000,000, 
to remain available until September 30, 2020, for the emergency 
food and shelter program under title III of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11331 et seq.) for the purposes 
of providing assistance to aliens released from the custody of the 
Department of Homeland Security: Provided, That notwithstanding 
sections 315 and 316(b) of such Act, funds made available under 
this section shall be disbursed by the Emergency Food and Shelter 
Program National Board not later than 30 days after the date 
on which such funds become available: Provided further, That the
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Emergency Food and Shelter Program National Board shall dis-
tribute such funds only to jurisdictions or local recipient organiza-
tions serving communities that have experienced a significant influx 
of such aliens: Provided further, That such funds may be used 
to reimburse such jurisdictions or local recipient organizations for 
costs incurred in providing services to such aliens on or after 
January 1, 2019: Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 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. 
SEC. 302. Division A of the Consolidated Appropriations Act, 
2019 (Public Law 116–6) is amended by adding after section 540 
the following: 
‘‘SEC. 541. (a) Section 831 of the Homeland Security Act of 
2002 (6 U.S.C. 391) shall be applied— 
‘‘(1) In subsection (a), by substituting ‘September 30, 2019,’ 
for ‘September 30, 2017,’; and 
‘‘(2) In subsection (c)(1), by substituting ‘September 30, 
2019,’ for ‘September 30, 2017’. 
‘‘(b) The Secretary of Homeland Security, under the authority 
of section 831 of the Homeland Security Act of 2002 (6 U.S.C. 
391(a)), may carry out prototype projects under section 2371b of 
title 10, United States Code, and the Secretary shall perform the 
functions of the Secretary of Defense as prescribed. 
‘‘(c) The Secretary of Homeland Security under section 831 
of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use 
the definition of nontraditional government contractor as defined 
in section 2371b(e) of title 10, United States Code.’’. 
SEC. 303. None of the funds provided in this Act under ‘‘U.S. 
Customs and Border Protection—Operations and Support’’ for facili-
ties shall be available until U.S. Customs and Border Protection 
establishes policies (via directive, procedures, guidance, and/or 
memorandum) and training programs to ensure that such facilities 
adhere to the National Standards on Transport, Escort, Detention, 
and Search, published in October of 2015: Provided, That not later 
than 90 days after the date of enactment of this Act, U.S. Customs 
and Border Protection shall provide a detailed report to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives, the Committee on the Judiciary of the Senate, and the House 
Judiciary Committee regarding the establishment and implementa-
tion of such policies and training programs. 
SEC. 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 Offi-
cers assigned to northern border land ports of entry and temporarily 
assigned to the ongoing humanitarian crisis: Provided, That the 
report shall outline what resources and conditions would allow 
a return to northern border staffing levels that are no less than 
the number committed in the June 12, 2018 Department of Home-
land Security Northern Border Strategy: Provided further, That 
the report shall include the number of officers temporarily assigned
H. R. 3401—5 
to the southwest border in response to the ongoing humanitarian 
crisis, the number of days the officers will be away from their 
northern border assignment, the northern border ports from which 
officers are being assigned to the southwest border, and efforts 
being made to limit the impact on operations at each northern 
border land port of entry where officers have been temporarily 
assigned to the southwest border. 
SEC. 305. None of the funds appropriated or otherwise made 
available by this Act or division A of the Consolidated Appropria-
tions Act, 2019 (Public Law 116–6) for the Department of Homeland 
Security may be used to relocate to the National Targeting Center 
the vetting of Trusted Traveler Program applications and operations 
currently carried out at existing locations unless specifically author-
ized by a statute enacted after the date of enactment of this Act. 
SEC. 306. The personnel, supplies, or equipment of any compo-
nent 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. 
TITLE 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’’, 
$2,881,552,000, to be merged with and available for the same period 
as funds appropriated in Public Law 115–245 ‘‘for carrying out 
such sections 414, 501, 462, and 235’’, which shall be available 
for any purpose funded under such heading in such law: Provided, 
That if any part of the reprogramming described in the notification 
submitted by the Secretary of Health and Human Services (the 
‘‘Secretary’’) to the Committees on Appropriations of the House 
of Representatives and the Senate on May 16, 2019 has been 
executed, such amounts provided by this Act as are necessary 
shall be used to reverse such reprogramming: Provided further, 
That amounts allocated by the Secretary for costs of leases of 
property that include facilities to be used as hard-sided dormitories 
for which the Secretary intends to seek State licensure for the 
care of unaccompanied alien children, and that are executed under 
authorities transferred to the Director of the Office of Refugee 
Resettlement (ORR) under section 462 of the Homeland Security 
Act of 2002, shall remain available until expended: Provided further, 
That ORR shall notify the Committees on Appropriations of the 
House of Representatives and the Senate within 72 hours of con-
ducting a formal assessment of a facility for possible lease or 
acquisition and within 7 days of any acquisition or lease of real 
property: Provided further, That not less than $866,000,000 of 
amounts provided under this heading shall be used for the provision 
of care in licensed shelters and for expanding the supply of shelters 
for which State licensure will be sought, of which not less than 
$27,000,000 shall be available for the purposes of adding shelter
H. R. 3401—6 
beds in State-licensed facilities in response to funding opportunity 
HHS–2017–ACF–ORR–ZU–1132, and of which not less than 
$185,000,000 shall be available for expansion grants to add beds 
in State-licensed facilities and open new State-licensed facilities, 
and for contract costs to acquire, activate, and operate facilities 
that will include small- and medium-scale hard-sided facilities for 
which the Secretary intends to seek State licensure in an effort 
to phase out the need for shelter beds in unlicensed facilities: 
Provided further, That not less than $100,000,000 of amounts pro-
vided under this heading shall be used for post-release services, 
child advocates, and legal services: Provided further, That not less 
than $8,000,000 of amounts provided under this heading shall 
be used for the purposes of hiring additional Federal Field Special-
ists and for increasing case management and case coordination 
services, with the goal of more expeditiously placing unaccompanied 
alien children with sponsors and reducing the length of stay in 
ORR custody: Provided further, That not less than $1,000,000 of 
amounts provided under this heading shall be used for the purposes 
of hiring project officers and program monitor staff dedicated to 
pursuing strategic improvements to the Unaccompanied Alien Chil-
dren program and for the development of a discharge rate improve-
ment plan which shall be submitted to the Committees on Appro-
priations of the House of Representatives and the Senate within 
120 days of enactment of this Act: Provided further, That of the 
amounts provided under this heading, $5,000,000 shall be trans-
ferred to ‘‘Office of the Secretary—Office of Inspector General’’ 
and shall remain available until expended for oversight of activities 
supported with funds appropriated under this heading: Provided 
further, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 401. The Secretary of Health and Human Services (the 
‘‘Secretary’’) shall prioritize use of community-based residential care 
(including long-term and transitional foster care and small group 
homes) and shelter care other than large-scale institutional shelter 
facilities to house unaccompanied alien children in its custody. 
The Secretary shall prioritize State-licensed and hard-sided dor-
mitories. 
SEC. 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. 
SEC. 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 pro-
vide a written justification to Congress and the Inspector General
H. R. 3401—7 
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 chil-
dren from being placed in danger. 
SEC. 404. None of the funds made available in this Act under 
the heading ‘‘Department of Health and Human Services—Adminis-
tration for Children and Families—Refugee and Entrant Assistance’’ 
may be obligated to a grantee or contractor to house unaccompanied 
alien children (as such term is defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility 
that is not State-licensed for the care of unaccompanied alien chil-
dren, except in the case that the Secretary determines that housing 
unaccompanied alien children in such a facility is necessary on 
a temporary basis due to an influx of such children or an emergency, 
provided that— 
(1) the terms of the grant or contract for the operations 
of any such facility that remains in operation for more than 
six consecutive months shall require compliance with— 
(A) the same requirements as licensed placements, as 
listed in Exhibit 1 of the Flores Settlement Agreement 
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 contrac-
tor’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 Proce-
dures 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 there-
after; 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 require-
ment listed in paragraph (1)(A) that the Secretary has deter-
mined are not applicable to non-State licensed facilities.