II 
116TH CONGRESS 
1ST SESSION H. R. 3401 
IN THE SENATE OF THE UNITED STATES 
JUNE 26, 2019 
Received 
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 Representa-
tives 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, 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
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’’, $17,000,000 to be used only for 
services and activities provided by the Legal Access Pro-
grams, of which not less than $2,000,000 shall be for the 
continued operation of the Immigration Court Helpdesk 
Program: Provided, That such amount is designated by 
the Congress as being for an emergency requirement pur-
suant 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 De-
tention’’, $155,000,000 to be used only for the necessary 
expenses related to United States prisoners in the custody 
of the United States Marshals Service as authorized by 
section 4013 of title 18, United States Code: Provided, 
That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 
For an additional amount for ‘‘Procurement, Con-
struction, and Improvements’’ for migrant processing fa-
cilities, $85,000,000, to remain available until September 
30, 2023: Provided, That such amount is designated by 
the Congress as being for an emergency requirement pur-
suant 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 Sup-
port’’ for necessary expenses to respond to the significant 
rise in aliens at the southwest border and related activi-
ties, $128,238,000; of which $35,943,000 is for transpor-
tation of unaccompanied alien children; of which 
$11,981,000 is for detainee transportation for medical 
needs, court proceedings, or relocation to and from U.S. 
Customs and Border Protection custody; of which 
$5,114,000 is for reimbursements for overtime and tem-
porary duty costs; of which $20,000,000 is for alternatives 
to detention; of which $45,000,000 is for detainee medical 
care; and of which $10,200,000 is for the Office of Profes-
sional Responsibility for background investigations and fa-
cility inspections: Provided, That such amount is des-
ignated by the Congress as being for an emergency re-
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
FEDERAL ASSISTANCE 
For an additional amount for ‘‘Federal Assistance’’, 
$60,000,000, 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 De-
partment of Homeland Security: Provided, That notwith-
standing 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 
becomes available: Provided further, That the Emergency 
Food and Shelter Program National Board shall distribute 
such funds only to jurisdictions or local recipient organiza-
tions serving communities that have experienced a signifi-
cant 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: Pro-
vided further, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 201. 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. 202. Division A of the Consolidated Appropria-
tions 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 ‘Sep-
tember 30, 2019,’ for ‘September 30, 2017,’; and 
‘‘(2) in subsection (c)(1), by substituting ‘Sep-
tember 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 sec-
tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 
391(d)) may use the definition of nontraditional govern-
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
ment contractor as defined in section 2371b(e) of title 10, 
United States Code.’’. 
SEC. 203. (a) The Secretary of the Department of 
Homeland Security shall establish policies and distribute 
written personnel guidance, as appropriate, not later than 
60 days after the date of enactment of this Act on the 
following: 
(1) Providing private meeting space and video 
teleconferencing access for individuals returned to 
Mexico under the Migrant Protection Protocols to 
consult with legal counsel, including prior to initial 
immigration court hearings. 
(2) Efforts, in consultation with the Depart-
ment of State, to address the housing, transpor-
tation, and security needs of such individuals. 
(3) Efforts, in consultation with the Depart-
ment of Justice, to ensure that such individuals are 
briefed, in their primary spoken language to the 
greatest extent possible, on their legal rights and ob-
ligations prior to being returned to Mexico. 
(4) Efforts, in consultation with the Depart-
ment of Justice, to prioritize the immigration pro-
ceedings of such individuals. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(5) The establishment of written policies defin-
ing categories of vulnerable individuals who should 
not be so returned. 
(b) For purposes of this section, the term ‘‘Migrant 
Protection Protocols’’ means the actions taken by the Sec-
retary to implement the memorandum dated January 25, 
2019 entitled ‘‘Policy Guidance for the Implementation of 
the Migrant Protection Protocols’’. 
(c) The amounts provided by this section are des-
ignated by the Congress as being for an emergency re-
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
SEC. 204. None of the funds provided in this Act 
under ‘‘U.S. Customs and Border Protection—Operations 
and Support’’ for facilities 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 Committees on Appropriations of 
the Senate and the House of Representatives, the Com-
mittee on the Judiciary of the Senate, and the House Ju-
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
diciary Committee regarding the establishment and imple-
mentation of such policies and training programs. 
SEC. 205. 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 ongo-
ing 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 Homeland Security Northern Border Strategy: Pro-
vided further, That the report shall include the number 
of officers temporarily assigned to the southwest border 
in response to the ongoing humanitarian crisis, the num-
ber 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. 206. None of the funds appropriated or other-
wise made available by this Act or division A of the Con-
solidated Appropriations Act, 2019 (Public Law 116–6) 
for the Department of Homeland Security may be used 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
to relocate to the National Targeting Center the vetting 
of Trusted Traveler Program applications and operations 
currently carried out at existing locations unless specifi-
cally authorized by a statute enacted after the date of en-
actment of this Act. 
SEC. 207. (a) Of the additional amount provided 
under ‘‘U.S. Customs and Border Protection—Operations 
and Support’’, $200,000,000 is for a multi-agency, inte-
grated, migrant processing center pilot program for family 
units and unaccompanied alien children, including the fol-
lowing: 
(1) Ongoing assessment and treatment efforts 
for physical or mental health conditions, including 
development of a support plan and services for each 
member of a vulnerable population. 
(2) Assessments of child protection and welfare 
needs. 
(3) Food, shelter, hygiene services and supplies, 
clothing, and activities appropriate for the non- 
penal, civil detention of families. 
(4) Personnel with appropriate training on car-
ing for families and vulnerable populations in a civil 
detention environment. 
(5) Free telephonic communication access, in-
cluding support for contacting family members. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(6) Direct access to legal orientation, legal rep-
resentation, and case management in private areas 
of the center. 
(7) Credible fear and reasonable fear interviews 
conducted by U.S. Citizenship and Immigration 
Services asylum officers in private areas of the cen-
ter. 
(8) Granting of asylum directly by U.S. Citizen-
ship and Immigration Services for manifestly well- 
founded or clearly meritorious cases. 
(9) For family units not found removable prior 
to departure from the center— 
(A) release on own recognizance or place-
ment in alternatives to detention with case 
management; and 
(B) coordinated transport to a respite shel-
ter or city of final destination. 
(10) For family units found removable prior to 
departure from the center, safe return planning sup-
port by an immigration case manager, including a 
consular visit to assist with reintegration. 
(11) On-site operational support by non-govern-
mental organizations for the identification and pro-
tection of vulnerable populations. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(b) The Secretary shall notify the Committees on Ap-
propriations of the Senate and the House of Representa-
tives within 24 hours of any— 
(1) unaccompanied child placed in the pilot pro-
gram whose time in Department of Homeland Secu-
rity custody exceeds 72 hours; and 
(2) family unit placed in the pilot program 
whose time in such custody exceed exceeds 9 days. 
(c) Prior to the obligation of the amount identified 
in subsection (a), but not later than 30 days after the date 
of enactment of this Act, the Secretary shall submit a plan 
for the implementation of the pilot program to the Com-
mittees on Appropriations of the Senate and the House 
of Representatives which shall include a definition of vul-
nerable populations. 
SEC. 208. Not later than 30 days after the date of 
enactment of this Act, the Secretary of Homeland Security 
shall establish final plans, standards, and protocols to pro-
tect the health and safety of individuals in the custody 
of U.S. Customs and Border Protection, which shall in-
clude— 
(1) standards and response protocols for med-
ical assessments and medical emergencies; 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(2) requirements for ensuring the provision of 
water, appropriate nutrition, hygiene, and sanitation 
needs; 
(3) standards for temporary holding facilities 
that adhere to best practices for the care of children, 
which shall be in compliance with the relevant rec-
ommendations in the Policy Statement of the Amer-
ican Academy of Pediatrics entitled, ‘‘Detention of 
Immigrant Children’’; 
(4) protocols for responding to surges of mi-
grants crossing the southern border or arriving at 
land ports of entry; and 
(5) required training for all Federal and con-
tract personnel who interact with migrants on the 
care and treatment of individuals in civil detention. 
SEC. 209. Not later than 120 days after the date of 
enactment of this Act, the Secretary of Homeland Security 
shall submit to the House of Representatives and the Sen-
ate a plan for ensuring access to appropriate translation 
services for all individuals encountered by U.S. Customs 
and Border Protection, U.S. Immigration and Customs 
Enforcement, and U.S. Citizenship and Immigration Serv-
ices, including an estimate of related resource require-
ments and the feasibility and potential benefit of these 
components jointly procuring such services. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
TITLE III 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
REFUGEE AND ENTRANT ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Refugee and Entrant 
Assistance’’ $2,881,552,000, to be merged with and avail-
able for the same period as funds appropriated in division 
B of Public Law 115–245 and made available through fis-
cal year 2021 under this heading, and to be made 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 as of the date 
of the enactment of this Act, such amounts provided by 
this Act as are necessary shall be used to reverse such 
reprogramming: Provided further, That of the amounts 
provided under this heading, the amount allocated by the 
Secretary for costs of leases of property that include facili-
ties 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 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
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 Rep-
resentatives and the Senate within 72 hours of conducting 
a formal assessment of a facility for possible lease or ac-
quisition and within 7 days of any lease or acquisition of 
real property: Provided further, That not less than 
$866,000,000 of the 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 beds in State-licensed facilities in response to fund-
ing 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 in-
clude 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 the amounts provided under this heading 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
shall be used for post-release services, child advocates, and 
legal services: Provided further, That the amount made 
available for legal services in the preceding proviso shall 
be made available for the same purposes for which 
amounts were provided for such services in fiscal year 
2017: Provided further, That not less than $8,000,000 of 
the amounts provided under this heading shall be used for 
the purposes of hiring additional Federal Field Specialists 
and for increasing case management and case coordination 
services, with the goal of more expeditiously placing unac-
companied 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 
improvement plan which shall be submitted to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate within 120 days of the date of enactment 
of this Act: Provided further, That of the amounts pro-
vided under this heading, $5,000,000 shall be transferred 
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 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
heading: Provided further, That none of the funds made 
available under this heading may be transferred pursuant 
to the authority in section 205 of division B of Public Law 
115–245: Provided further, That the amount provided 
under this heading 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. The Secretary of Health and Human Serv-
ices (the ‘‘Secretary’’) shall prioritize use of community- 
based residential care (including long-term and transi-
tional foster care and small group homes) and shelter care 
other than large-scale institutional shelter facilities to 
house unaccompanied alien children in the custody of the 
Department of Health and Human Services. The Sec-
retary shall prioritize State-licensed, hard-sided dor-
mitories. 
SEC. 302. Funds made available in this Act under 
the heading ‘‘Department of Health and Human Serv-
ices—Administration for Children and Families—Refugee 
and Entrant Assistance’’ shall remain available for obliga-
tion only if the operational directives issued by the Office 
of Refugee Resettlement between December 1, 2018, and 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
June 15, 2019, to accelerate the identification and ap-
proval of sponsors, remain in effect. 
SEC. 303. Funds made available in this Act under 
the heading ‘‘Department of Health and Human Serv-
ices—Administration for Children and Families—Refugee 
and Entrant Assistance’’ shall be subject to the authorities 
and conditions of section 224 of division A of the Consoli-
dated Appropriations Act, 2019 (Public Law 116–6). 
SEC. 304. None of the funds made available in this 
Act under the heading ‘‘Department of Health and 
Human Services—Administration for Children and Fami-
lies—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 children, except in the case that the 
Secretary of Health and Human Services (the ‘‘Sec-
retary’’) 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 oper-
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
ation for more than six consecutive months shall re-
quire compliance with— 
(A) the same requirements as licensed 
placements, as listed in Exhibit 1 of the Flores 
Settlement Agreement, regardless of the status 
of the underlying settlement agreement; 
(B) staffing ratios of 1 on-duty Youth 
Care Worker for every 8 children or youth dur-
ing waking hours, 1 on-duty Youth Care Work-
er for every 16 children or youth during sleep-
ing hours, and clinician ratios to children (in-
cluding mental health providers) as required in 
grantee cooperative agreements; and 
(C) access provided to legal services; 
(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 
and the report specifies each requirement referenced 
in paragraph (1) that is being waived for 60 days; 
(3) the Secretary shall not waive requirements 
for grantees or contractors to provide or arrange for 
the following services— 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(A) proper physical care and maintenance, 
including suitable living accommodations, food, 
appropriate clothing, and personal grooming 
items; 
(B) a complete medical examination (in-
cluding screening for infectious diseases) within 
48 hours of admission, unless the minor was re-
cently examined at another facility; 
(C) appropriate routine medical and dental 
care; 
(D) at least one individual counseling ses-
sion per week conducted by trained social work 
staff with the specific objectives of reviewing a 
minor’s progress, establishing new short term 
objectives, and addressing both the develop-
mental and crisis-related needs of each minor; 
(E) educational services appropriate to the 
minor’s level of development, and communica-
tion skills in a structured classroom setting, 
Monday through Friday, which concentrates 
primarily on the development of basic academic 
competencies and secondarily on English Lan-
guage Training; 
(F) activities according to a leisure time 
plan which shall include daily outdoor activity, 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
weather permitting, at least one hour per day 
of large muscle activity and one hour per day 
of structured leisure time activities (this should 
not include time spent watching television). Ac-
tivities should be increased to three hours on 
days when school is not in session; 
(G) whenever possible, access to religious 
services of the minor’s choice; 
(H) visitation and contact with family 
members (regardless of their immigration sta-
tus) which is structured to encourage such visi-
tation. The staff shall respect the minor’s pri-
vacy while reasonably preventing the unauthor-
ized release of the minor; 
(I) family reunification services designed to 
identify relatives in the United States as well as 
in foreign countries and assistance in obtaining 
legal guardianship when necessary for the re-
lease of the minor; and 
(J) legal services information regarding the 
availability of free legal assistance, the right to 
be represented by counsel at no expense to the 
government, the right to a deportation or exclu-
sion hearing before an immigration judge, the 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
right to apply for political asylum or to request 
voluntary departure in lieu of deportation; 
(4) if the Secretary determines that a con-
tractor or grantee is not in compliance with any of 
the requirements set forth in paragraph (3), the Sec-
retary shall not permit such contractor or grantee to 
continue to provide services beyond a reasonable pe-
riod, not to exceed 60 days, needed to award a con-
tract or grant to a new service provider, and the in-
cumbent contractor or grantee shall not be eligible 
to compete for the new contract or grant; 
(5) not more than three consecutive waivers 
under paragraph (2) may be granted to a contractor 
or grantee with respect to a specific facility; 
(6) ORR shall ensure full adherence to the 
monitoring requirements set forth in section 5.5 of 
its Policies and Procedures Guide as of June 15, 
2019; 
(7) for any such unlicensed facility in operation 
for more than three consecutive months, ORR shall 
conduct a minimum of one comprehensive moni-
toring visit during the first three months of oper-
ation, with quarterly monitoring visits thereafter; 
(8) not later than 60 days after the date of en-
actment of this Act, ORR shall brief the Committees 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
on Appropriations of the House of Representatives 
and the Senate outlining the requirements of ORR 
for influx facilities; and 
(9) the amounts provided by this section are 
designated by the Congress as being for an emer-
gency 
requirement 
pursuant 
to 
section 
251(b)(2)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
SEC. 305. In addition to the existing Congressional 
notification requirements for formal site assessments of 
potential influx facilities, the Secretary shall notify the 
Committees on Appropriations of the House of Represent-
atives and the Senate at least 15 days before 
operationalizing an unlicensed facility, and shall (1) speci-
fy 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 Depart-
ment 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 on-
line, and monthly thereafter, the Secretary shall provide 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report detailing the total 
number of children in care at the facility, the average 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
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. 
SEC. 306. (a) The Secretary shall ensure that, when 
feasible, no unaccompanied alien child is at an unlicensed 
facility if the child is not expected to be placed with a 
sponsor within 30 days. 
(b) The Secretary shall ensure that no unaccom-
panied alien child is at an unlicensed facility if the child— 
(1) is under the age of 13; 
(2) does not speak English or Spanish as his or 
her preferred language; 
(3) has known special needs, behavioral health 
issues, or medical issues that would be better served 
at an alternative facility; 
(4) is a pregnant or parenting teen; or 
(5) would have a diminution of legal services as 
a result of the transfer to such an unlicensed facil-
ity. 
(c) ORR shall notify a child’s attorney of record in 
advance of any transfer, where applicable. 
SEC. 307. 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, 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
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))): Provided, That nothing in 
this section shall be construed to require such a Senator 
or Member to provide prior notice of the intent to enter 
such a facility for such purpose. 
SEC. 308. Not later than 14 days after the date of 
enactment of this Act, and monthly thereafter, the Sec-
retary of Health and Human Services shall submit to the 
Committees on Appropriations of the House of Represent-
atives 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 re-
port shall contain the following information: 
(1) The number and ages of children so sepa-
rated subsequent to apprehension at or between 
ports of entry, to be reported by sector where sepa-
ration occurred. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(2) The documented cause of separation, as re-
ported by DHS when each child was referred. 
SEC. 309. Not later than 30 days after the date of 
enactment of this Act, the Secretary of Health and 
Human Services shall submit to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate 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 collabora-
tion 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 re-
lease services; program administration; and the average 
number of weekly referrals and discharge rate assumed 
in the spend plan: Provided, That such plan shall be up-
dated to reflect changes and expenditures and submitted 
to the Committees on Appropriations of the House of Rep-
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
resentatives and the Senate every 60 days until all funds 
are expended or expire. 
SEC. 310. The Office of Refugee Resettlement shall 
ensure that its grantees are aware of current law regard-
ing the use of information collected as part of the sponsor 
vetting process. 
SEC. 311. The Secretary is directed to report the 
death of any unaccompanied alien child in Office of Ref-
ugee Resettlement (ORR) custody or in the custody of any 
grantee on behalf of ORR within 24 hours, including rel-
evant details regarding the circumstances of the fatality, 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate. 
SEC. 312. Notwithstanding any other provision of 
law, 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’’ shall only be used for the purposes specifically 
described under that heading. 
SEC. 313. (a) The Secretary of Health and Human 
Services shall ensure that no unaccompanied alien child 
(as defined in section 462(g)(2) of the Homeland Security 
Act of 2002 (6 U.S.C. 279(g)(2))) spends more than 90 
days, in the aggregate, at an unlicensed facility. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(b) Not later than 45 days after the date of enact-
ment of this Act, the Secretary shall ensure transfer to 
a State-licensed facility for any unaccompanied alien child 
who has been at an unlicensed facility for longer than 90 
days. 
(c) Subsections (a) and (b) shall not apply to an un-
accompanied alien child when the Secretary determines 
that a potential sponsor had been identified and the unac-
companied alien child is expected to be placed with the 
sponsor within 30 days. 
(d) Notwithstanding subsections (a) and (b), if the 
Secretary determines there is insufficient space available 
at State-licensed facilities to transfer an unaccompanied 
alien child who has been at an unlicensed facility for 
longer than 90 days, the Secretary shall submit a written 
justification to the Committees on Appropriations of the 
House of Representatives and the Senate, and shall sub-
mit a summary every two weeks, disaggregated by influx 
facility, on the number of unaccompanied alien children 
at each influx facility longer than 90 days, with a sum-
mary of both the status of placement and the transfer ef-
forts for all children who have been in care for longer than 
90 days. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. (a) FISCAL YEAR 2017.—Funds made 
available by the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2017 (division 
J of Public Law 115–31) that were initially obligated for 
assistance for El Salvador, Guatemala, and Honduras may 
not be reprogrammed after the date of enactment of this 
Act for assistance for a country other than for which such 
funds were initially obligated: Provided, That if the Sec-
retary of State suspends assistance for the central govern-
ment of El Salvador, Guatemala, or Honduras pursuant 
to section 7045(a)(5) of such Act, not less than 75 percent 
of the funds for such central government shall be repro-
grammed for assistance through nongovernmental organi-
zations or local government entities in such country: Pro-
vided further, That the balance of such funds shall only 
be reprogrammed for assistance for countries in the West-
ern Hemisphere. 
(b) FISCAL YEAR 2018.—Section 7045(a) of the De-
partment of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2018 (division K of Public Law 
115–141) is amended by striking paragraph (4)(D) and 
inserting in lieu of paragraph (1) the following paragraph: 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
‘‘(1) FUNDING.—Subject to the requirements of 
this subsection, of the funds appropriated under ti-
tles III and IV of this Act, not less than 
$615,000,000 shall be made available for assistance 
for countries in Central America, of which not less 
than $452,000,000 shall be for assistance for El 
Salvador, Guatemala, and Honduras to implement 
the United States Strategy for Engagement in Cen-
tral America (the Strategy): Provided, That such 
amounts shall be made available notwithstanding 
any provision of law permitting deviations below 
such amounts: Provided further, That if the Sec-
retary of State cannot make the certifications under 
paragraph (3), or makes a determination under 
paragraph (4)(A) or (4)(C) that the central govern-
ment of El Salvador, Guatemala, or Honduras is not 
meeting the requirements of this subsection, not less 
than 75 percent of the funds for such central gov-
ernment shall be reprogrammed for assistance 
through nongovernmental organizations or local gov-
ernment entities in such country: Provided further, 
That the balance of such funds shall only be repro-
grammed for assistance for countries in the Western 
Hemisphere.’’. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
(c) FISCAL YEAR 2019.—Section 7045(a) of the De-
partment of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2019 (division F of Public Law 
116–6) is amended by striking paragraph (2)(C) and in-
serting at the end, between paragraph (4)(B) and sub-
section (b), the following new paragraph: 
‘‘(5) FUNDING.—Subject to the requirements of 
this subsection, of the funds appropriated under ti-
tles III and IV of this Act, not less than 
$540,850,000 shall be made available for assistance 
for countries in Central America, of which not less 
than $452,000,000 shall be made available for as-
sistance for El Salvador, Guatemala, and Honduras 
to implement the United States Strategy for En-
gagement in Central America: Provided, That such 
amounts shall be made available notwithstanding 
any provision of law permitting deviations below 
such amounts: Provided further, That if the Sec-
retary of State cannot make the certification under 
paragraph (1), or makes a determination under 
paragraph (2) that the central government of El 
Salvador, Guatemala, or Honduras is not meeting 
the requirements of this subsection, not less than 75 
percent of the funds for such central government 
shall be reprogrammed for assistance through non-
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
governmental organizations or local government enti-
ties in such country: Provided further, That the bal-
ance of such funds shall only be reprogrammed for 
assistance for countries in the Western Hemi-
sphere.’’. 
SEC. 402. Each amount appropriated or made avail-
able by this Act is in addition to amounts otherwise appro-
priated for the fiscal year involved. 
SEC. 403. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 404. Unless otherwise provided for by this Act, 
the additional amounts appropriated by this Act to appro-
priations accounts shall be available under the authorities 
and conditions applicable to such appropriations accounts 
for fiscal year 2019. 
SEC. 405. 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. 
SEC. 406. Any amount appropriated by this Act, des-
ignated by the Congress as being for an emergency re-
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS
HR 3401 RDS
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced 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. 
This Act may be cited as the ‘‘Emergency Supple-
mental Appropriations for Humanitarian Assistance and 
Security at the Southern Border Act, 2019’’. 
Passed the House of Representatives June 25, 2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
VerDate Sep 11 2014 
00:22 Aug 02, 2019
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3401.RDS
H3401
pamtmann on DSKBFK8HB2PROD with BILLS