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

PUBLIC LAW 116–26—JULY 1, 2019 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HUMANITARIAN ASSISTANCE AND SECURITY AT THE SOUTHERN BORDER ACT, 2019 VerDate Sep 11 2014 11:53 Aug 14, 2019 Jkt 089139 PO 00026 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL026.116 PUBL026 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 1018 PUBLIC LAW 116–26—JULY 1, 2019 Public Law 116–26 116th Congress An Act Making emergency supplemental appropriations for the fiscal year ending September 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2019, and for other purposes, namely: TITLE I DEPARTMENT OF JUSTICE GENERAL ADMINISTRATION EXECUTIVE OFFICE FOR IMMIGRATION REVIEW For an additional amount for ‘‘Executive Office for Immigration Review’’, $65,000,000, of which $45,000,000 shall be for the hiring of 30 additional Immigration Judge Teams, of which $10,000,000 shall be used for the purchase or lease of immigration judge court- room space and equipment, and of which $10,000,000 shall be used only for services and activities provided by the Legal Orienta- tion Program: Provided, That Immigration Judge Teams shall include appropriate attorneys, law clerks, paralegals, court adminis- trators, and other support staff: Provided further, That such amount is designated by the Congress as being for an emergency require- ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. UNITED STATES MARSHALS SERVICE FEDERAL PRISONER DETENTION For an additional amount for ‘‘Federal Prisoner Detention’’, for necessary expenses related to United States prisoners in the custody of the United States Marshals Service, to be used only as authorized by section 4013 of title 18, United States Code, $155,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emer- gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control Act of 1985. Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019. July 1, 2019 [H.R. 3401] VerDate Sep 11 2014 11:53 Aug 14, 2019 Jkt 089139 PO 00026 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL026.116 PUBL026 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 1019 PUBLIC LAW 116–26—JULY 1, 2019 TITLE II DEPARTMENT OF DEFENSE OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY For an additional amount for ‘‘Operation and Maintenance, Army’’, $92,800,000, for necessary expenses to respond to the signifi- cant rise in unaccompanied minors and family unit aliens at the southwest border and related activities: Provided, That such amount is designated by the Congress as being for an emergency require- ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. OPERATION AND MAINTENANCE, MARINE CORPS For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $13,025,000, for necessary expenses to respond to the significant rise in unaccompanied minors and family unit aliens at the southwest border and related activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $18,000,000, for necessary expenses to respond to the significant rise in unaccompanied minors and family unit aliens at the southwest border and related activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, $21,024,000, for necessary expenses to respond to the significant rise in unaccompanied minors and family unit aliens at the southwest border and related activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE III DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION OPERATIONS AND SUPPORT For an additional amount for ‘‘Operations and Support’’ for necessary expenses to respond to the significant rise in aliens at the southwest border and related activities, $1,015,431,000; of which $819,950,000 shall be available until September 30, 2020: VerDate Sep 11 2014 11:53 Aug 14, 2019 Jkt 089139 PO 00026 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL026.116 PUBL026 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 1020 PUBLIC LAW 116–26—JULY 1, 2019 Provided, That of the amounts provided under this heading, $708,000,000 is for establishing and operating migrant care and processing facilities, $111,950,000 is for consumables and medical care, $35,000,000 is for transportation, $110,481,000 is for tem- porary duty and overtime costs including reimbursements, and $50,000,000 is for mission support data systems and analysis: Pro- vided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con- trol Act of 1985. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for ‘‘Procurement, Construction, and Improvements’’ for migrant care and processing facilities, $85,000,000, to remain available until September 30, 2023: Pro- vided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OPERATIONS AND SUPPORT For an additional amount for ‘‘Operations and Support’’ for necessary expenses to respond to the significant rise in aliens at the southwest border and related activities, $208,945,000: Pro- vided, That of the amounts provided under this heading, $35,943,000 is for transportation of unaccompanied alien children, $11,981,000 is for detainee transportation for medical needs, court proceedings, or relocation from U.S. Customs and Border Protection custody, $20,000,000 is for alternatives to detention, $45,000,000 is for detainee medical care, $69,735,000 is for temporary duty, overtime, and other on-board personnel costs including reimburse- ments, $5,000,000 is for the Office of Professional Responsibility for background investigations and facility inspections, and $21,286,000 is for Homeland Security Investigations human traf- ficking investigations: Provided further, That such amount is des- ignated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. FEDERAL EMERGENCY MANAGEMENT AGENCY FEDERAL ASSISTANCE For an additional amount for ‘‘Federal Assistance’’, $30,000,000, to remain available until September 30, 2020, for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.) for the purposes of providing assistance to aliens released from the custody of the Department of Homeland Security: Provided, That notwithstanding sections 315 and 316(b) of such Act, funds made available under this section shall be disbursed by the Emergency Food and Shelter Program National Board not later than 30 days after the date on which such funds become available: Provided further, That the Deadline. VerDate Sep 11 2014 11:53 Aug 14, 2019 Jkt 089139 PO 00026 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL026.116 PUBL026 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 1021 PUBLIC LAW 116–26—JULY 1, 2019 Emergency Food and Shelter Program National Board shall dis- tribute such funds only to jurisdictions or local recipient organiza- tions serving communities that have experienced a significant influx of such aliens: Provided further, That such funds may be used to reimburse such jurisdictions or local recipient organizations for costs incurred in providing services to such aliens on or after January 1, 2019: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLE SEC. 301. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading. SEC. 302. Division A of the Consolidated Appropriations Act, 2019 (Public Law 116–6) is amended by adding after section 540 the following: ‘‘SEC. 541. (a) Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied— ‘‘(1) In subsection (a), by substituting ‘September 30, 2019,’ for ‘September 30, 2017,’; and ‘‘(2) In subsection (c)(1), by substituting ‘September 30, 2019,’ for ‘September 30, 2017’. ‘‘(b) The Secretary of Homeland Security, under the authority of section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may carry out prototype projects under section 2371b of title 10, United States Code, and the Secretary shall perform the functions of the Secretary of Defense as prescribed. ‘‘(c) The Secretary of Homeland Security under section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition of nontraditional government contractor as defined in section 2371b(e) of title 10, United States Code.’’. SEC. 303. None of the funds provided in this Act under ‘‘U.S. Customs and Border Protection—Operations and Support’’ for facili- ties shall be available until U.S. Customs and Border Protection establishes policies (via directive, procedures, guidance, and/or memorandum) and training programs to ensure that such facilities adhere to the National Standards on Transport, Escort, Detention, and Search, published in October of 2015: Provided, That not later than 90 days after the date of enactment of this Act, U.S. Customs and Border Protection shall provide a detailed report to the Commit- tees on Appropriations of the Senate and the House of Representa- tives, the Committee on the Judiciary of the Senate, and the House Judiciary Committee regarding the establishment and implementa- tion of such policies and training programs. SEC. 304. No later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall provide a report on the number of U.S. Customs and Border Protection Offi- cers assigned to northern border land ports of entry and temporarily assigned to the ongoing humanitarian crisis: Provided, That the report shall outline what resources and conditions would allow a return to northern border staffing levels that are no less than the number committed in the June 12, 2018 Department of Home- land Security Northern Border Strategy: Provided further, That the report shall include the number of officers temporarily assigned Reports. Reports. Policies. 6 USC 391 note. Ante, p. 44. Reimbursement. Effective date. VerDate Sep 11 2014 11:53 Aug 14, 2019 Jkt 089139 PO 00026 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL026.116 PUBL026 dkrause on DSKBC28HB2PROD with PUBLAWS 133 STAT. 1022 PUBLIC LAW 116–26—JULY 1, 2019 to the southwest border in response to the ongoing humanitarian crisis, the number of days the officers will be away from their northern border assignment, the northern border ports from which officers are being assigned to the southwest border, and efforts being made to limit the impact on operations at each northern border land port of entry where officers have been temporarily assigned to the southwest border. SEC. 305. None of the funds appropriated or otherwise made available by this Act or division A of the Consolidated Appropria- tions Act, 2019 (Public Law 116–6) for the Department of Homeland Security may be used to relocate to the National Targeting Center the vetting of Trusted Traveler Program applications and operations currently carried out at existing locations unless specifically author- ized by a statute enacted after the date of enactment of this Act. SEC. 306. The personnel, supplies, or equipment of any compo- nent of the Department of Homeland Security may be deployed to support activities of the Department of Homeland Security related to the significant rise in aliens at the southwest border and related activities, and for the enforcement of immigration and customs laws, detention and removals of aliens crossing the border unlawfully, and investigations without reimbursement as jointly agreed by the detailing components. TITLE IV DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES REFUGEE AND ENTRANT ASSISTANCE For an additional amount for ‘‘Refugee and Entrant Assistance’’, $2,881,552,000, to be merged with and available for the same period as funds appropriated in Public Law 115–245 ‘‘for carrying out such sections 414, 501, 462, and 235’’, which shall be available for any purpose funded under such heading in such law: Provided, That if any part of the reprogramming described in the notification submitted by the Secretary of Health and Human Services (the ‘‘Secretary’’) to the Committees on Appropriations of the House of Representatives and the Senate on May 16, 2019 has been executed, such amounts provided by this Act as are necessary shall be used to reverse such reprogramming: Provided further, That amounts allocated by the Secretary for costs of leases of property that include facilities to be used as hard-sided dormitories for which the Secretary intends to seek State licensure for the care of unaccompanied alien children, and that are executed under authorities transferred to the Director of the Office of Refugee Resettlement (ORR) under section 462 of the Homeland Security Act of 2002, shall remain available until expended: Provided further, That ORR shall notify the Committees on Appropriations of the House of Representatives and the Senate within 72 hours of con- ducting a formal assessment of a facility for possible lease or acquisition and within 7 days of any acquisition or lease of real property: Provided further, That not less than $866,000,000 of amounts provided under this heading shall be used for the provision of ca [Text truncated for display. 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