S.Amdt. 18

SA 18. Mr. SHELBY submitted an amendment intended to be proposed by
him to the bill H.R. 268, making supplemental appropriations for the
fiscal year ending September 30, 2019, and for other purposes; which
was ordered to lie on the table; as follows:

Strike all after section 1101 and insert the following:

TITLE XII--FURTHER CONTINUING APPROPRIATIONS

Sec. 1201.  The Continuing Appropriations Act, 2019
(division C of Public Law 115-245) is further amended--
(1) by striking the date specified in section 105(3) and
inserting ``February 8, 2019''; and
(2) by adding after section 136 the following:
``Sec. 137.  Notwithstanding any other provision of this
Act, there is appropriated for fiscal year 2019 for `U.S.
Customs and Border Protection--Operations and Support' for
necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of
unaccompanied minor aliens; the provision of air and marine
support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the
Department of Homeland Security; at the discretion of the
Secretary of Homeland Security, the provision of such support
to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase
and lease of up to 7,500 (6,500 for replacement only) police-
type vehicles; the purchase, maintenance, or operation of
marine vessels, aircraft, and unmanned aerial systems; and
contracting with individuals for personal services abroad;
$12,289,046,000; of which $3,274,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee
pursuant to section 9505(c)(3) of the Internal Revenue Code
of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C.
551(e)(1)); of which $1,555,887,000 shall be available until
September 30, 2020; and of which such sums as become
available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account:  Provided, That not to
exceed $34,425 shall be for official reception and
representation expenses:  Provided further, That not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations:  Provided
further, That not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security.
``Sec. 138.  Notwithstanding any other provision of this
Act, there is appropriated for fiscal year 2019 for `U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements' for necessary expenses of U.S. Customs and
Border Protection for procurement, construction, and
improvements, including procurements to buy marine vessels,
aircraft, and unmanned aerial systems, $7,334,672,000, of
which $193,326,000 shall remain available until September 30,
2021, and of which $7,141,346,000 shall remain available
until September 30, 2023, of which $5,700,000,000 shall be
available for purposes authorized by section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (Public Law 104-208) as amended by section 564 of the
Consolidated Appropriations Act, 2008 (Public Law 110-161),
to include activities authorized under section 1103(b) of
title 8, United States Code:  Provided, That the conditions
set forth in subsections (b) and (c) of section 230 of
division F of the Consolidated Appropriations Act, 2018
(Public Law 115-141) shall apply during fiscal year 2019 to
the amounts made available in the clause preceding this
proviso:  Provided further, That not later than 180 days
after the date of the enactment of the Further Additional
Continuing Appropriations Act, 2019, the Secretary of
Homeland Security shall submit to the Committee on
Appropriations of the Senate, the Committee on Appropriations
of the House of Representatives, and the Comptroller General
of the United States an updated risk-based plan for improving
security along the borders of the United States that includes
the elements required under subsection (a) of section 231 of
division F of the Consolidated Appropriations Act, 2018
(Public Law 115-141), which shall be evaluated in accordance
with subsection (b) of such section:  Provided further, That
funds provided in this section may be used for roads,
lighting, cameras, and sensors.
``Sec. 139.  Notwithstanding any other provision of this
Act, there is appropriated for fiscal year 2019 for `U.S.
Immigration and Customs Enforcement--Operations and Support'
for necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,447,855,000;
of which $6,000,000 shall remain available until expended to
enforce laws against forced child labor; of which $13,700,000
shall remain available until September 30, 2020; of which not
less than $15,000,000 shall be available for investigation of
intellectual property rights violations, including operation
of the National Intellectual Property Rights Coordination
Center; of which not less than $9,000,000 shall be available
for facilities repair and maintenance projects; of which not
less than $84,000,000 shall be available for vehicle fleet
recapitalization; and of which not less than $4,989,158,000
shall be for enforcement, detention, and removal operations,
including transportation of unaccompanied minor aliens:
Provided, That not to exceed $11,475 shall be for official
reception and representation expenses:  Provided further,
That not to exceed $10,000,000 shall be available until
expended for conducting special operations under section 3131
of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security:  Provided further, That not to exceed $11,216,000
shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance,
and repatriation of smuggled aliens unlawfully present in the
United States.
``Sec. 140.  Amounts made available in this Act for
personnel pay, allowances, and benefits in each department
and agency shall be available for obligations incurred
pursuant to 31 U.S.C. 1341.
``Sec. 141.  All obligations incurred and in anticipation
of the appropriations made and authority granted by this Act
for the purposes of maintaining the essential level of
activity to protect life and property and bringing about
orderly termination of Government function, and for purposes
as otherwise authorized by law, are hereby ratified and
approved if otherwise in accord with the provisions of this
Act.
``Sec. 142. (a) If a State (or another Federal grantee)
used State funds (or the grantee's non-Federal funds) to
continue carrying out a Federal program or furloughed State
employees (or the grantee's employees) whose compensation is
advanced or reimbursed in whole or in part by the Federal
Government--
``(1) such furloughed employees shall be compensated at
their standard rate of compensation for such period;
``(2) the State (or such other grantee) shall be reimbursed
for expenses that would have been paid by the Federal
Government during such period had appropriations been
available, including the cost of compensating such furloughed
employees, together with interest thereon calculated under
section 6503(d) of title 31, United States Code; and
``(3) the State (or such other grantee) may use funds
available to the State (or the grantee) under such Federal
program to reimburse such State (or the grantee), together
with interest thereon calculated under section 6503(d) of
title 31, United States Code.
``(b) For purposes of this section, the term `State' and
the term `grantee' shall have the meaning as such term is
defined under the applicable Federal program under subsection

[[Page S532]]

(a). In addition, `to continue carrying out a Federal
program' means the continued performance by a State or other
Federal grantee, during the period of a lapse in
appropriations, of a Federal program that the State or such
other grantee had been carrying out prior to the period of
the lapse in appropriations.
``(c) The authority under this section applies with respect
to any period in fiscal year 2019 (not limited to periods
beginning or ending after the date of the enactment of this
Act) during which there occurs a lapse in appropriations with
respect to any department or agency of the Federal Government
which, but for such lapse in appropriations, would have paid,
or made reimbursement relating to, any of the expenses
referred to in this section with respect to the program
involved. Payments and reimbursements under this authority
shall be made only to the extent and in amounts provided in
advance in appropriations Acts.''.
Sec. 1202.  For the purposes of division C of Public Law
115-245, the time covered by such division shall be
considered to include the period which began on or about
December 22, 2018, during which there occurred a lapse in
appropriations.
This Act may be cited as the ``Supplemental Appropriations
Act, 2019''.
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