[House Report 116-128]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-128
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3401) MAKING EMERGENCY
SUPPLEMENTAL APPROPRIATIONS FOR THE FIS CAL YEAR ENDING SEPTEMBER 30,
2019, AND FOR OTHER PURPOSES
_______
June 25, 2019.--Referred to the House Calendar and ordered to be
printed
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Mr. McGovern, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 462]
The Committee on Rules, having had under consideration
House Resolution 462, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3401, the
Emergency Supplemental Appropriations for Humanitarian
Assistance and Security at the Southern Border Act, 2019, under
a closed rule. The resolution provides one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment printed in
this report shall be considered as adopted. The resolution
provides that the bill, as amended, shall be considered as
read. The resolution waives all points of order against
provisions in the bill, as amended. The resolution provides
that clause 2(e) of rule XXI shall not apply during
consideration of the bill. The resolution provides one motion
to recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of clause 12(a) of rule XXI, which
prohibits consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill proposes
to change current law.
Although the resolution waives all points of order against
provisions in the bill, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 142
Motion by Mr. Cole to report an open rule. Defeated: 4-7
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Majority Members Vote Minority Members Vote
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Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... ............ Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
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Rules Committee record vote No. 143
Motion by Mr. Burgess to amend the rule to H.R. 3401 to
make in order and provide the appropriate waivers to amendment
#1, offered by Rep. Burgess (TX), which appropriates $800
million to the Secretary of Homeland Security to reimburse the
State of Texas for all efforts undertaken to secure the border
between the United States and Mexico. Defeated: 4-8
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Majority Members Vote Minority Members Vote
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Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
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Rules Committee record vote No. 144
Motion by Mr. Perlmutter to report the rule. Adopted: 8-4
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Majority Members Vote Minority Members Vote
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Mr. Hastings.................................... ............ Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENT TO H.R. 3401 CONSIDERED AS ADOPTED
1. Lowey (NY): Requires U.S. Customs and Border Protection
to establish plans, standards, and protocols to better ensure
the health and safety of adults and children in departmental
custody, including standards for medical care and medical
emergencies; nutrition, hygiene, and facilities; and personnel
training. Requires the Secretary of Homeland Security to submit
to the Congress 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.
Requires the Secretary of Health and Human Services to specify
which requirements are being temporarily waived any time an
influx shelter is given a 60-day waiver from meeting the same
standards as State-licensed shelters, and prohibits the
Secretary from waiving certain requirements of the Flores
Settlement if a contractor or grantee is not providing such
services after six months. In addition, the amendment sets a
limit of 90 days for any unaccompanied child to spend at an
influx shelter unless the Secretary submits written
notification to Congress that there is insufficient space at
State-licensed facilities to facilitate a transfer.
TEXT OF AMENDMENT TO H.R. 3401 CONSIDERED AS ADOPTED
Page 2, strike lines 5 through 11 and insert the following:
For an additional amount for ``Executive Office for
Immigration Review'', $17,000,000 to be used only for services
and activities provided by the Legal Access Programs, of which
not less than $2,000,000 shall be for the continued operation
of the Immigration Court Helpdesk Program: 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.
At the end of title II, insert the following:
Sec. 208. 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--
(1) standards and response protocols for medical
assessments and medical emergencies;
(2) requirements for ensuring the provision of water,
appropriate nutrition, hygiene, and sanitation needs;
(3) 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'';
(4) protocols for responding to surges of migrants
crossing the southern border or arriving at land ports
of entry; and
(5) required training for all Federal and contract
personnel who interact with migrants on the care and
treatment of individuals in civil detention.
Sec. 209. 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.
Page 18, line 10, before the semicolon at the end, insert the
following: ``and the report specifies each requirement
referenced in paragraph (1) that is being waived for 60 days''.
Page 18, after paragraph (2), insert the following new
paragraphs (3) and (4):
(3) the Secretary shall not waive requirements for
grantees or contractors to provide or arrange for the
following services--
(A) proper physical care and maintenance,
including suitable living accommodations, food,
appropriate clothing, and personal grooming
items;
(B) a complete medical examination (including
screening for infectious diseases) within 48
hours of admission, unless the minor was
recently examined at another facility;
(C) appropriate routine medical and dental
care;
(D) 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;
(E) 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;
(F) 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;
(G) whenever possible, access to religious
services of the minor's choice;
(H) 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;
(I) 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
(J) 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;
(4) 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;
Page 18, line 23, strike ``and''.
Page 19, line 3, strike the period at the end, and insert:``;
and''.
Page 19, after line 3, insert:
(9) 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.
At the end of title III, insert the following:
Sec. 313. (a) 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.
(b) 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.
(c) 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.
(d) 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.
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