H. R. 3401—8 
SEC. 405. In addition to the existing Congressional notification 
for formal site assessments of potential influx facilities, the Sec-
retary 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 Commit-
tees 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. 
SEC. 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 pre-
ferred 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. 
SEC. 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 con-
ducting oversight, any facility in the United States used for the 
purpose of maintaining custody of, or otherwise housing, unaccom-
panied alien children (as defined in section 462(g)(2) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g)(2))), provided that such 
Senator or Member has coordinated the oversight visit with the 
Office of Refugee Resettlement not less than two business days 
in advance to ensure that such visit would not interfere with 
the operations (including child welfare and child safety operations) 
of such facility. 
SEC. 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 Representa-
tives 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), subse-
quently 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:
H. R. 3401—9 
(1) the number and ages of children so separated subse-
quent 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. 
SEC. 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’’ shall be 
subject to the authorities and conditions of section 224 of division 
A of the Consolidated Appropriations Act, 2019 (Public Law 116– 
6). 
SEC. 410. Not later than 30 days after the date of enactment 
of this Act, the Secretary shall submit to the Committees on Appro-
priations 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 con-
tracts 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 serv-
ices; program administration; and the average number of weekly 
referrals and discharge rate assumed in the spend plan: Provided, 
That such plan shall be updated to reflect changes and expenditures 
and submitted to the Committees on Appropriations of the House 
of Representatives and the Senate every 60 days until all funds 
are expended or expired. 
TITLE V 
GENERAL PROVISIONS—THIS ACT 
SEC. 501. Each amount appropriated or made available by 
this Act is in addition to amounts otherwise appropriated for the 
fiscal year involved. 
SEC. 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. 
SEC. 503. Unless otherwise provided for by this Act, the addi-
tional 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. 
SEC. 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 Con-
trol 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. 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 Con-
trol Act of 1985 and subsequently so designated by the President,
H. R. 3401—10 
and transferred pursuant to transfer authorities provided by this 
Act shall retain such designation. 
SEC. 506. Not later than 180 days after the date of the enact-
ment 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 determina-
tions 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 Appro-
priations for Humanitarian Assistance and Security at the Southern 
Border Act, 2019’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.