H.R. 3401 — what changed
Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019
From Introduced in House to Engrossed in House. 2 sections amended, 4 added, and 1 removed between Introduced in House and Engrossed in House.
Sec. 208
addedadded 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 protect the health and safety of individuals in the custody of U.S. Customs and Border Protection, which shall include—
added
standards and response protocols for medical assessments and medical emergencies;
added
requirements for ensuring the provision of water, appropriate nutrition, hygiene, and sanitation needs;
added
standards for temporary holding facilities that adhere to best practices for the care of children, which shall be in compliance with the relevant recommendations in the Policy Statement of the American Academy of Pediatrics entitled, ‘‘Detention of Immigrant Children’’;
added
protocols for responding to surges of migrants crossing the southern border or arriving at land ports of entry; and
added
required training for all Federal and contract personnel who interact with migrants on the care and treatment of individuals in civil detention.
Sec. 209
addedadded 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 Senate 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 Services, including an estimate of related resource requirements and the feasibility and potential benefit of these components jointly procuring such services.
Sec. 304
None 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 of Health and Human Services (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—
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—
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;
staffing ratios of 1 on-duty Youth Care Worker for every 8 children or youth during waking hours, 1 on-duty Youth Care Worker for every 16 children or youth during sleeping hours, and clinician ratios to children (including mental health providers) as required in grantee cooperative agreements; and
access provided to legal services;
changed
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;compliance and the report specifies each requirement referenced in paragraph (1) that is being waived for 60 days;
added
the Secretary shall not waive requirements for grantees or contractors to provide or arrange for the following services—
added
proper physical care and maintenance, including suitable living accommodations, food, appropriate clothing, and personal grooming items;
added
a complete medical examination (including screening for infectious diseases) within 48 hours of admission, unless the minor was recently examined at another facility;
added
appropriate routine medical and dental care;
added
at least one individual counseling session 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 developmental and crisis-related needs of each minor;
added
educational services appropriate to the minor’s level of development, and communication skills in a structured classroom setting, Monday through Friday, which concentrates primarily on the development of basic academic competencies and secondarily on English Language Training;
added
activities according to a leisure time plan which shall include daily outdoor activity, 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). Activities should be increased to three hours on days when school is not in session;
added
whenever possible, access to religious services of the minor’s choice;
added
visitation and contact with family members (regardless of their immigration status) which is structured to encourage such visitation. The staff shall respect the minor’s privacy while reasonably preventing the unauthorized release of the minor;
added
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 release of the minor; and
added
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 exclusion hearing before an immigration judge, the right to apply for political asylum or to request voluntary departure in lieu of deportation;
added
if the Secretary determines that a contractor or grantee is not in compliance with any of the requirements set forth in paragraph (3), the Secretary shall not permit such contractor or grantee to continue to provide services beyond a reasonable period, not to exceed 60 days, needed to award a contract or grant to a new service provider, and the incumbent contractor or grantee shall not be eligible to compete for the new contract or grant;
renumbered
was (4)
not more than three consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility;
renumbered
was (5)
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;
added
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;
added
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; and
added
the amounts provided by this section are 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.
removed
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
removed
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.
Sec. 305
changed
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 Representatives and the Senate at least 15 days before operationalizing 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 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. 313
added
added
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.
added
Not later than 45 days after the date of enactment 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.
added
Subsections (a) and (b) shall not apply to an unaccompanied alien child when the Secretary determines that a potential sponsor had been identified and the unaccompanied alien child is expected to be placed with the sponsor within 30 days.
added
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 submit 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 summary of both the status of placement and the transfer efforts for all children who have been in care for longer than 90 days.
removed
removed
This Act may be cited as the “Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019”.
added
added This Act may be cited as the “Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019”.