[116th Congress Public Law 26]
[From the U.S. Government Publishing Office]
[[Page 1017]]
EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HUMANITARIAN ASSISTANCE AND
SECURITY AT THE SOUTHERN BORDER ACT, 2019
[[Page 133 STAT. 1018]]
Public Law 116-26
116th Congress
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2019, and for other purposes. <<NOTE: July 1,
2019 - [H.R. 3401]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That <<NOTE: Emergency
Supplemental Appropriations for Humanitarian Assistance and Security at
the Southern Border Act, 2019.>> 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 courtroom space and
equipment, and of which $10,000,000 shall be used only for services and
activities provided by the Legal Orientation Program: Provided, That
Immigration Judge Teams shall include appropriate attorneys, law clerks,
paralegals, court administrators, and other support staff: 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.
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 emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
[[Page 133 STAT. 1019]]
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 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, 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:
[[Page 133 STAT. 1020]]
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 temporary duty
and overtime costs including reimbursements, and $50,000,000 is for
mission support data systems and analysis: 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.
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: 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.
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: Provided, 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 reimbursements, $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 trafficking investigations: 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.
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 <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1021]]
Emergency Food and Shelter Program National Board shall distribute such
funds only to jurisdictions or local recipient organizations serving
communities that have experienced a significant influx of such aliens:
Provided further, That <<NOTE: Reimbursement. Effective date.>> 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) <<NOTE: Ante, p. 44.>> is amended by adding after
section 540 the following:
``Sec. 541. (a) <<NOTE: 6 USC 391 note.>> 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 <<NOTE: Policies.>> 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 <<NOTE: Reports.>> 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 Committee on the Judiciary of the
Senate, and the House Judiciary Committee regarding the establishment
and implementation of such policies and training programs.
Sec. 304. No <<NOTE: Reports.>> 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, 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: Provided further, That the report shall include the
number of officers temporarily assigned
[[Page 133 STAT. 1022]]
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 Appropriations
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 authorized by a statute
enacted after the date of enactment of this Act.
Sec. 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.
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: <<NOTE: Notification. Deadlines. Assessment.>> Provided
further, That ORR shall notify the Committees on Appropriations of the
House of Representatives and the Senate within 72 hours of conducting 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
[[Page 133 STAT. 1023]]
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 provided 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 Specialists 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 Children program and
for the development of a discharge rate improvement plan which shall be
submitted to the Committees on Appropriations 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 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
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 dormitories.
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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1024]]
of the Department of Health and Human Services in advance of
implementing such changes.
(c) <<NOTE: Deadline. Assessment.>> 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.
Sec. 404. None <<NOTE: Determination.>> 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'' 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 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) <<NOTE: Compliance.>> 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) <<NOTE: Waiver authority. Certification. Reports.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Briefing.>> 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.
[[Page 133 STAT. 1025]]
Sec. 405. In <<NOTE: Notification. Time periods. Analysis.>>
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. <<NOTE: Reports.>> 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.
Sec. 406. (a) The Secretary shall ensure that, when feasible, no
unaccompanied alien child is at an unlicensed facility if the child--
(1) <<NOTE: Time period.>> 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) <<NOTE: Notification.>> ORR shall notify a child's attorney of
record in advance of any transfer, where applicable.
Sec. 407. None <<NOTE: Time period.>> 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))), 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 <<NOTE: Public information. Reports.>> 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:
[[Page 133 STAT. 1026]]
(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.
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 <<NOTE: Deadline. Spend plan.>> 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: <<NOTE: Lists.>> a list of
existing grants and contracts for both permanent and influx facilities,
including their costs, capacity, and timelines; <<NOTE: Costs.>> 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: <<NOTE: Time period.>> 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 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.
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 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. 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,
[[Page 133 STAT. 1027]]
and transferred pursuant to transfer authorities provided by this Act
shall retain such designation.
Sec. 506. Not <<NOTE: Reports.>> 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, <<NOTE: Determination.>> 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''.
Approved July 1, 2019.
LEGISLATIVE HISTORY--H.R. 3401:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 165 (2019):
June 25, considered and passed House.
June 26, considered and passed Senate, amended.
June 27, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
July 1, Presidential remarks.
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