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

II Calendar No. 115 116TH CONGRESS 1ST SESSION S. 1900 Making emergency supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 19, 2019 Mr. SHELBY, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL 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- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 fiscal year ending September 30, 2019, and for other pur- 5 poses, namely: 6 2 •S 1900 RS TITLE I 1 DEPARTMENT OF JUSTICE 2 GENERAL ADMINISTRATION 3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 4 For an additional amount for ‘‘Executive Office for 5 Immigration Review’’, $65,000,000, of which $45,000,000 6 shall be for the hiring of 30 additional Immigration Judge 7 Teams, of which $10,000,000 shall be used for the pur- 8 chase or lease of immigration judge courtroom space and 9 equipment, and of which $10,000,000 shall be used only 10 for services and activities provided by the Legal Orienta- 11 tion Program: Provided, That Immigration Judge Teams 12 shall include appropriate attorneys, law clerks, paralegals, 13 court administrators, and other support staff: Provided 14 further, That such amount is designated by the Congress 15 as being for an emergency requirement pursuant to sec- 16 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 17 gency Deficit Control Act of 1985. 18 UNITED STATES MARSHALS SERVICE 19 FEDERAL PRISONER DETENTION 20 For an additional amount for ‘‘Federal Prisoner De- 21 tention’’, for necessary expenses related to United States 22 prisoners in the custody of the United States Marshals 23 Service, to be used only as authorized by section 4013 of 24 title 18, United States Code, $155,000,000, to remain 25 3 •S 1900 RS available until expended: Provided, That such amount is 1 designated by the Congress as being for an emergency re- 2 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 3 anced Budget and Emergency Deficit Control Act of 1985. 4 4 •S 1900 RS TITLE II 1 DEPARTMENT OF DEFENSE 2 OPERATION AND MAINTENANCE 3 OPERATION AND MAINTENANCE, ARMY 4 For an additional amount for ‘‘Operation and Main- 5 tenance, Army’’, $92,800,000, for necessary expenses to 6 respond to the significant rise in unaccompanied minors 7 and family unit aliens at the southwest border and related 8 activities: Provided, That such amount is designated by 9 the Congress as being for an emergency requirement pur- 10 suant to section 251(b)(2)(A)(i) of the Balanced Budget 11 and Emergency Deficit Control Act of 1985. 12 OPERATION AND MAINTENANCE, MARINE CORPS 13 For an additional amount for ‘‘Operation and Main- 14 tenance, Marine Corps’’, $13,025,000, for necessary ex- 15 penses to respond to the significant rise in unaccompanied 16 minors and family unit aliens at the southwest border and 17 related activities: Provided, That such amount is des- 18 ignated by the Congress as being for an emergency re- 19 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 20 anced Budget and Emergency Deficit Control Act of 1985. 21 OPERATION AND MAINTENANCE, AIR FORCE 22 For an additional amount for ‘‘Operation and Main- 23 tenance, Air Force’’, $18,000,000, for necessary expenses 24 to respond to the significant rise in unaccompanied minors 25 5 •S 1900 RS and family unit aliens at the southwest border and related 1 activities: Provided, That such amount is designated by 2 the Congress as being for an emergency requirement pur- 3 suant to section 251(b)(2)(A)(i) of the Balanced Budget 4 and Emergency Deficit Control Act of 1985. 5 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 6 For an additional amount for ‘‘Operation and Main- 7 tenance, Army National Guard’’, $21,024,000, for nec- 8 essary expenses to respond to the significant rise in unac- 9 companied minors and family unit aliens at the southwest 10 border and related activities: Provided, That such amount 11 is designated by the Congress as being for an emergency 12 requirement pursuant to section 251(b)(2)(A)(i) of the 13 Balanced Budget and Emergency Deficit Control Act of 14 1985. 15 6 •S 1900 RS TITLE III 1 DEPARTMENT OF HOMELAND SECURITY 2 U.S. CUSTOMS AND BORDER PROTECTION 3 OPERATIONS AND SUPPORT 4 For an additional amount for ‘‘Operations and Sup- 5 port’’ for necessary expenses to respond to the significant 6 rise in aliens at the southwest border and related activi- 7 ties, $1,015,431,000; of which $819,950,000 shall be 8 available until September 30, 2020: Provided, That of the 9 amounts provided under this heading, $708,000,000 is for 10 establishing and operating migrant care and processing fa- 11 cilities, $111,950,000 is for consumables and medical 12 care, $35,000,000 is for transportation, $110,481,000 is 13 for temporary duty and overtime costs including reim- 14 bursements, and $50,000,000 is for mission support data 15 systems and analysis: Provided further, That such amount 16 is designated by the Congress as being for an emergency 17 requirement pursuant to section 251(b)(2)(A)(i) of the 18 Balanced Budget and Emergency Deficit Control Act of 19 1985. 20 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 21 For an additional amount for ‘‘Procurement, Con- 22 struction, and Improvements’’ for migrant care and proc- 23 essing facilities, $85,000,000, to remain available until 24 September 30, 2023: Provided, That such amount is des- 25 7 •S 1900 RS ignated by the Congress as being for an emergency re- 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 2 anced Budget and Emergency Deficit Control Act of 1985. 3 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 4 OPERATIONS AND SUPPORT 5 For an additional amount for ‘‘Operations and Sup- 6 port’’ for necessary expenses to respond to the significant 7 rise in aliens at the southwest border and related activi- 8 ties, $208,945,000: Provided, That of the amounts pro- 9 vided under this heading, $35,943,000 is for transpor- 10 tation of unaccompanied alien children, $11,981,000 is for 11 detainee transportation for medical needs, court pro- 12 ceedings, or relocation from U.S. Customs and Border 13 Protection custody, $20,000,000 is for alternatives to de- 14 tention, $45,000,000 is for detainee medical care, 15 $69,735,000 is for temporary duty, overtime, and other 16 on-board personnel costs including reimbursements, 17 $5,000,000 is for the Office of Professional Responsibility 18 for background investigations and facility inspections, and 19 $21,286,000 is for Homeland Security Investigations 20 human trafficking investigations: Provided further, That 21 such amount is designated by the Congress as being for 22 an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. 25 8 •S 1900 RS FEDERAL EMERGENCY MANAGEMENT AGENCY 1 FEDERAL ASSISTANCE 2 For an additional amount for ‘‘Federal Assistance’’, 3 $30,000,000, to remain available until September 30, 4 2020, for the emergency food and shelter program under 5 title III of the McKinney-Vento Homeless Assistance Act 6 (42 U.S.C. 11331 et seq.) for the purposes of providing 7 assistance to aliens released from the custody of the De- 8 partment of Homeland Security: Provided, That notwith- 9 standing sections 315 and 316(b) of such Act, funds made 10 available under this section shall be disbursed by the 11 Emergency Food and Shelter Program National Board 12 not later than 30 days after the date on which such funds 13 become available: Provided further, That the Emergency 14 Food and Shelter Program National Board shall distribute 15 such funds only to jurisdictions or local recipient organiza- 16 tions serving communities that have experienced a signifi- 17 cant influx of such aliens: Provided further, That such 18 funds may be used to reimburse such jurisdictions or local 19 recipient organizations for costs incurred in providing 20 services to such aliens on or after January 1, 2019: Pro- 21 vided further, That such amount is designated by the Con- 22 gress as being for an emergency requirement pursuant to 23 section 251(b)(2)(A)(i) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. 25 9 •S 1900 RS GENERAL PROVISIONS—THIS TITLE 1 SEC. 301. Notwithstanding any other provision of 2 law, funds made available under each heading in this title 3 shall only be used for the purposes specifically described 4 under that heading. 5 SEC. 302. Division A of the Consolidated Appropria- 6 tions Act, 2019 (Public Law 116–6) is amended by adding 7 after section 540 the following: 8 ‘‘SEC. 541. (a) Section 831 of the Homeland Security 9 Act of 2002 (6 U.S.C. 391) shall be applied— 10 ‘‘(1) In subsection (a), by substituting ‘Sep- 11 tember 30, 2019,’ for ‘September 30, 2017,’; and 12 ‘‘(2) In subsection (c)(1), by substituting ‘Sep- 13 tember 30, 2019,’ for ‘September 30, 2017’. 14 ‘‘(b) The Secretary of Homeland Security, under the 15 authority of section 831 of the Homeland Security Act of 16 2002 (6 U.S.C. 391(a)), may carry out prototype projects 17 under section 2371b of title 10, United States Code, and 18 the Secretary shall perform the functions of the Secretary 19 of Defense as prescribed. 20 ‘‘(c) The Secretary of Homeland Security under sec- 21 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 22 391(d)) may use the definition of nontraditional govern- 23 ment contractor as defined in section 2371b(e) of title 10, 24 United States Code.’’. 25 10 •S 1900 RS SEC. 303. None of the funds provided in this Act 1 under ‘‘U.S. Customs and Border Protection—Operations 2 and Support’’ for facilities shall be available until U.S. 3 Customs and Border Protection establishes policies (via 4 directive, procedures, guidance, and/or memorandum) and 5 training programs to ensure that such facilities adhere to 6 the National Standards on Transport, Escort, Detention, 7 and Search, published in October of 2015: Provided, That 8 not later than 90 days after the date of enactment of this 9 Act, U.S. Customs and Border Protection shall provide 10 a detailed report to the Committees on Appropriations of 11 the Senate and the House of Representatives, the Com- 12 mittee on the Judiciary of the Senate, and the House Ju- 13 diciary Committee regarding the establishment and imple- 14 mentation of such policies and training programs. 15 SEC. 304. No later than 30 days after the date of 16 enactment of this Act, the Secretary of Homeland Security 17 shall provide a report on the number of U.S. Customs and 18 Border Protection Officers assigned to northern border 19 land ports of entry and temporarily assigned to the ongo- 20 ing humanitarian crisis: Provided, That the report shall 21 outline what resources and conditions would allow a return 22 to northern border staffing levels that are no less than 23 the number committed in the June 12, 2018 Department 24 of Homeland Security Northern Border Strategy: Pro- 25 11 •S 1900 RS vided further, That the report shall include the number 1 of officers temporarily assigned to the southwest border 2 in response to the ongoing humanitarian crisis, the num- 3 ber of days the officers will be away from their northern 4 border assignment, the northern border ports from which 5 officers are being assigned to the southwest border, and 6 efforts being made to limit the impact on operations at 7 each northern border land port of entry where officers 8 have been temporarily assigned to the southwest border. 9 SEC. 305. None of the funds appropriated or other- 10 wise made available by this Act or division A of the Con- 11 solidated Appropriations Act, 2019 (Public Law 116–6) 12 for the Department of Homeland Security may be used 13 to relocate to the National Targeting Center the vetting 14 of Trusted Traveler Program applications and operations 15 currently carried out at existing locations unless specifi- 16 cally authorized by a statute enacted after the date of en- 17 actment of this Act. 18 SEC. 306. The personnel, supplies, or equipment of 19 any component of the Department of Homeland Security 20 may be deployed to support activities of the Department 21 of Homeland Security related to the significant rise in 22 aliens at the southwest border and related activities, and 23 for the enforcement of immigration and customs laws, de- 24 tention and removals of aliens crossing the border unlaw- 25 12 •S 1900 RS fully, and investigations without reimbursement as jointly 1 agreed by the detailing components. 2 13 •S 1900 RS TITLE IV 1 DEPARTMENT OF HEALTH AND HUMAN 2 SERVICES 3 ADMINISTRATION FOR CHILDREN AND FAMILIES 4 REFUGEE AND ENTRANT ASSISTANCE 5 For an additional amount for ‘‘Refugee and Entrant 6 Assistance’’, $2,881,552,000, to be merged with and avail- 7 able for the same period as funds appropriated in Public 8 Law 115–245 ‘‘for carrying out such sections 414, 501, 9 462, and 235’’, which shall be available for any purpose 10 funded under such heading in such law: Provided, That 11 if any part of the reprogramming described in the notifica- 12 tion submitted by the Secretary of Health and Human 13 Services (the ‘‘Secretary’’) to the Committees on Appro- 14 priations of the House of Representatives and the Senate 15 on May 16, 2019 has been executed, such amounts pro- 16 vided by this Act as are necessary shall be used to reverse 17 such reprogramming: Provided further, That amounts allo- 18 cated by the Secretary for costs of leases of property that 19 include facilities to be used as hard-sided dormitories for 20 which the Secretary intends to seek State licensure for the 21 care of unaccompanied alien children, and that are exe- 22 cuted under authorities transferred to the Director of the 23 Office of Refugee Resettlement (ORR) under section 462 24 of the Homeland Security Act of 2002, shall remain avail- 25 14 •S 1900 RS able until expended: Provided further, That ORR shall no- 1 tify the Committees on Appropriations of the House of 2 Representatives and the Senate within 72 hours of con- 3 ducting a formal assessment of a facility for possible lease 4 or acquisition and within 7 days of any acquisition or lease 5 of real property: Provided further, That not less than 6 $866,000,000 of amounts provided under this heading 7 shall be used for the provision of care in licensed shelters 8 and for expanding the supply of shelters for which State 9 licensure will be sought, of which not less than 10 $27,000,000 shall be available for [Text truncated for display. 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