EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HUMANITARIAN ASSISTANCE AND SECURITY AT THE SOUTHERN BORDER ACT, 2019; Congressional Record Vol. 165, No. 109
(House of Representatives - June 27, 2019)

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[Pages H5246-H5250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HUMANITARIAN ASSISTANCE AND 
               SECURITY AT THE SOUTHERN BORDER ACT, 2019

  Mrs. LOWEY. Mr. Speaker, pursuant to House Resolution 466, I call up 
the bill (H.R. 3401) making emergency supplemental appropriations for 
the fiscal year ending September 30, 2019, and for other purposes, with 
the Senate amendment thereto, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendment.
  Senate amendment:

       Strike out all after the enacting clause and insert:

     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 courtroom space and equipment, and of 
     which $10,000,000 shall be used only for services and 
     activities provided by the Legal Orientation Program:  
     Provided, That Immigration Judge Teams shall include 
     appropriate attorneys, law clerks, paralegals, court 
     administrators, and other support staff:  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.

                     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 emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                                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 
     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, 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:  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 temporary duty and 
     overtime costs including reimbursements, and $50,000,000 is 
     for mission support data systems and analysis:  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.

              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:  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.

                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:  Provided, 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 
     reimbursements, $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 trafficking investigations:  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.

                  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 
     Emergency Food and Shelter Program National Board shall 
     distribute such funds only to jurisdictions or local 
     recipient organizations 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 facilities 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 Committees on Appropriations of the Senate and 
     the House of

[[Page H5247]]

     Representatives, the Committee on the Judiciary of the 
     Senate, and the House Judiciary Committee regarding the 
     establishment and implementation 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 Officers 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 Homeland 
     Security Northern Border Strategy:  Provided further, That 
     the report shall include the number of officers temporarily 
     assigned 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 
     Appropriations 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 authorized by a 
     statute enacted after the date of enactment of this Act.
       Sec. 306.  The personnel, supplies, or equipment of any 
     component 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 conducting 
     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 care in licensed shelters and for 
     expanding the supply of shelters for which State licensure 
     will be sought, of which not less than $27,000,000 shall be 
     available for the purposes of adding shelter beds in State-
     licensed facilities in response to funding opportunity HHS-
     2017-ACF-ORR-ZU-1132, and of which not less than $185,000,000 
     shall be available for expansion grants to add beds in State-
     licensed facilities and open new State-licensed facilities, 
     and for contract costs to acquire, activate, and operate 
     facilities that will include small- and medium-scale hard-
     sided facilities for which the Secretary intends to seek 
     State licensure in an effort to phase out the need for 
     shelter beds in unlicensed facilities:  Provided further, 
     That not less than $100,000,000 of amounts provided under 
     this heading shall be used for post-release services, child 
     advocates, and legal services:  Provided further, That not 
     less than $8,000,000 of amounts provided under this heading 
     shall be used for the purposes of hiring additional Federal 
     Field Specialists and for increasing case management and case 
     coordination services, with the goal of more expeditiously 
     placing unaccompanied alien children with sponsors and 
     reducing the length of stay in ORR custody:  Provided 
     further, That not less than $1,000,000 of amounts provided 
     under this heading shall be used for the purposes of hiring 
     project officers and program monitor staff dedicated to 
     pursuing strategic improvements to the Unaccompanied Alien 
     Children program and for the development of a discharge rate 
     improvement plan which shall be submitted to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate within 120 days of enactment of this Act:  Provided 
     further, That of the amounts provided under this heading, 
     $5,000,000 shall be transferred to ``Office of the 
     Secretary--Office of Inspector General'' and shall remain 
     available until expended for oversight of activities 
     supported with funds appropriated under this heading:  
     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. 401.  The Secretary of Health and Human Services (the 
     ``Secretary'') shall prioritize use of community-based 
     residential care (including long-term and transitional foster 
     care and small group homes) and shelter care other than 
     large-scale institutional shelter facilities to house 
     unaccompanied alien children in its custody. The Secretary 
     shall prioritize State-licensed and hard-sided dormitories.
       Sec. 402.  The Office of Refugee Resettlement shall ensure 
     that its grantees and, to the greatest extent practicable, 
     potential sponsors of unaccompanied alien children are aware 
     of current law regarding the use of information collected as 
     part of the sponsor suitability determination process.
       Sec. 403. (a) None of the funds provided by this or any 
     prior appropriations Act may be used to reverse changes in 
     procedures made by operational directives issued to providers 
     by the Office of Refugee Resettlement on December 18, 2018, 
     March 23, 2019, and June 10, 2019 regarding the Memorandum of 
     Agreement on Information Sharing executed April 13, 2018.
       (b) Notwithstanding subsection (a), the Secretary may make 
     changes to such operational directives upon making a 
     determination that such changes are necessary to prevent 
     unaccompanied alien children from being placed in danger, and 
     the Secretary shall provide a written justification to 
     Congress and the Inspector General of the Department of 
     Health and Human Services in advance of implementing such 
     changes.
       (c) Within 15 days of the Secretary's communication of the 
     justification, the Inspector General of the Department of 
     Health and Human Services shall provide an assessment, in 
     writing, to the Secretary and to Committees on Appropriations 
     of the House of Representatives and the Senate of whether 
     such changes to operational directives are necessary to 
     prevent unaccompanied children from being placed in danger.
       Sec. 404.  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 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--
       (1) 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--
       (A) the same requirements as licensed placements, as listed 
     in Exhibit 1 of the Flores Settlement Agreement that the 
     Secretary determines are applicable to non-State licensed 
     facilities; and
       (B) staffing ratios of one (1) on-duty Youth Care Worker 
     for every eight (8) children or youth during waking hours, 
     one (1) on-duty Youth Care Worker for every sixteen (16) 
     children or youth during sleeping hours, and clinician ratios 
     to children (including mental health providers) as required 
     in grantee cooperative agreements;
       (2) 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;
       (3) not more than four consecutive waivers under paragraph 
     (2) may be granted to a contractor or grantee with respect to 
     a specific facility;
       (4) ORR shall ensure full adherence to the monitoring 
     requirements set forth in section 5.5 of its Policies and 
     Procedures Guide as of May 15, 2019;
       (5) 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
       (6) 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 including any 
     requirement listed in paragraph (1)(A) that the Secretary has 
     determined are not applicable to non-State licensed 
     facilities.
       Sec. 405.  In addition to the existing Congressional 
     notification 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 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

[[Page H5248]]

     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. 406. (a) The Secretary shall ensure that, when 
     feasible, no unaccompanied alien child is at an unlicensed 
     facility if the child--
       (1) is not expected to be placed with a sponsor within 30 
     days;
       (2) is under the age of 13;
       (3) does not speak English or Spanish as his or her 
     preferred language;
       (4) has known special needs, behavioral health issues, or 
     medical issues that would be better served at an alternative 
     facility;
       (5) is a pregnant or parenting teen; or
       (6) would have a diminution of legal services as a result 
     of the transfer to such an unlicensed facility.
       (b) ORR shall notify a child's attorney of record in 
     advance of any transfer, where applicable.
       Sec. 407.  None of the funds made available in this Act may 
     be used to prevent a United States Senator or Member of the 
     House of Representatives from entering, for the purpose of 
     conducting oversight, any facility in the United States used 
     for the purpose of maintaining custody of, or otherwise 
     housing, unaccompanied alien children (as defined in section 
     462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)(2))), provided that such Senator or Member has 
     coordinated the oversight visit with the Office of Refugee 
     Resettlement not less than two business days in advance to 
     ensure that such visit would not interfere with the 
     operations (including child welfare and child safety 
     operations) of such facility.
       Sec. 408.  Not later than 14 days after the date of 
     enactment of this Act, and monthly thereafter, the Secretary 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate, and make publicly 
     available online, a report with respect to children who were 
     separated from their parents or legal guardians by the 
     Department of Homeland Security (DHS) (regardless of whether 
     or not such separation was pursuant to an option selected by 
     the children, parents, or guardians), subsequently classified 
     as unaccompanied alien children, and transferred to the care 
     and custody of ORR during the previous month. Each report 
     shall contain the following information:
       (1) the number and ages of children so separated subsequent 
     to apprehension at or between ports of entry, to be reported 
     by sector where separation occurred; and
       (2) the documented cause of separation, as reported by DHS 
     when each child was referred.
       Sec. 409.  Funds made available in this Act under the 
     heading ``Department of Health and Human Services--
     Administration for Children and Families--Refugee and Entrant 
     Assistance'' shall be subject to the authorities and 
     conditions of section 224 of division A of the Consolidated 
     Appropriations Act, 2019 (Public Law 116-6).
       Sec. 410.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a detailed spend plan of anticipated uses of 
     funds made available in this account, including the 
     following: a list of existing grants and contracts for both 
     permanent and influx facilities, including their costs, 
     capacity, and timelines; costs for expanding capacity through 
     the use of community-based residential care placements 
     (including long-term and transitional foster care and small 
     group homes) through new or modified grants and contracts; 
     current and planned efforts to expand small-scale shelters 
     and available foster care placements, including collaboration 
     with state child welfare providers; influx facilities being 
     assessed for possible use, costs and services to be provided 
     for legal services, child advocates, and post release 
     services; program administration; and the average number of 
     weekly referrals and discharge rate assumed in the spend 
     plan:  Provided, That such plan shall be updated to reflect 
     changes and expenditures and submitted to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     every 60 days until all funds are expended or expired.

                                TITLE V

                      GENERAL PROVISIONS--THIS ACT

       Sec. 501.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  Unless otherwise provided for by this Act, the 
     additional amounts appropriated by this Act to appropriations 
     accounts shall be available under the authorities and 
     conditions applicable to such appropriations accounts for 
     fiscal year 2019.
       Sec. 504.  Each amount designated in this Act 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 shall be available (or rescinded 
     or transferred, if applicable) only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.
       Sec. 505.  Any amount appropriated by this Act, designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 and subsequently so designated by 
     the President, and transferred pursuant to transfer 
     authorities provided by this Act shall retain such 
     designation.
       Sec. 506.  Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     on the number of asylum officers and immigration judges, 
     including temporary immigration judges, and the corresponding 
     number of support staff necessary--
       (1) to fairly and effectively make credible fear 
     determinations with respect to individuals within family 
     units and unaccompanied alien children;
       (2) to ensure that the credible fear determination and 
     asylum interview is completed not later than 20 days after 
     the date on which a family unit is apprehended; and
       (3) to fairly and effectively review appeals of credible 
     fear determinations with respect to individuals within family 
     units and unaccompanied alien children.

     In addition, the report shall determine if there is any 
     physical infrastructure such as hearing or courtroom space 
     needed to achieve these goals.
       This Act may be cited as the ``Emergency Supplemental 
     Appropriations for Humanitarian Assistance and Security at 
     the Southern Border Act, 2019''.

                            Motion to Concur

  Mrs. LOWEY. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mrs. Lowey moves that the House concur in the Senate 
     amendment to H.R. 3401.


 =========================== NOTE =========================== 

  
  June 27, 2019, on page H5248, the following appeared: Mrs. Lowey 
of New York moves that the House concur in the Senate amendment to 
H.R. 3401.
  
  The online version has been corrected to read: Mrs. Lowey moves 
that the House concur in the Senate amendment to H.R. 3401.


 ========================= END NOTE ========================= 



  The SPEAKER pro tempore. Pursuant to House Resolution 466, the motion 
shall be debatable for 1 hour equally divided and controlled by the 
chair and ranking minority member of the Committee on Appropriations.
  The gentlewoman from New York (Mrs. Lowey) and the gentlewoman from 
Texas (Ms. Granger) each will control 30 minutes.
  The Chair recognizes the gentlewoman from New York.

                              {time}  1645


                             General Leave

  Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks on the 
motion currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi), the Speaker of the House.
  Ms. PELOSI. Mr. Speaker, I thank the distinguished chairwoman for 
yielding and admire her for her distinguished and hard work to bring a 
solution to the floor. This is not the one that we had hoped for, but 
it is one that we will be voting on today.
  Mr. Speaker, I thank Nita Lowey, Congresswoman Lucille Roybal-Allard, 
Congresswoman Rosa DeLauro, and all of the appropriators for their 
relentless good faith work on a strong bill that we had hoped would 
completely protect vulnerable children, keep America safe, and honor 
our values.
  Today, sadly, and almost with a broken heart, those values are being 
undermined by failed policies which have intensified a situation of 
heartbreak and horror on the border, all of which challenges the 
conscience of America.
  I will be brief in just saying, right now, children need their 
families. Right now, little children are enduring trauma and terror; 
many are living in squalor at the border station, patrol station; some 
are sleeping on the cold ground without warm blankets or hot meals.
  Kids as young as 7 and 8 years old are watching over infants because 
no one else is there to care for them. As one little girl caring for 
two infants said: I need comfort, too. I am bigger than they are, but I 
am a child, too.
  Mr. Speaker, we could have done so much better--so much better--than 
what we are faced with today. It is my belief, my colleagues, that our 
country is at a moment of truth in acting upon our values as we develop 
policies.
  I am proud of the work that our appropriators in the House have done 
in passing a bill that received overwhelming Democratic support on 
Tuesday. It was even bipartisan.
  The current situation on the border is shameful and does not reflect 
America's values. We don't need anyone--especially the United States 
Senate--to tell us what the needs are on the border and that we have to 
act expeditiously.
  Our Members are very well versed and excellent representatives of the 
regions they represent and that are affected, but we want to find a 
path to

[[Page H5249]]

improve the conditions under which we are addressing and ministering to 
the needs of children and families there.
  We are gravely disappointed in the actions taken by the Senate in 
opposing the regular order of the Congress of the United States. We 
will continue to fight for our values and priorities in our legislation 
and beyond.
  Our strongest ally in getting a better policy than that which was 
passed by the Republican Senate is public opinion. And people and 
institutions of good faith in our country, our faith-based institutions 
who minister to the needs of our immigrants, know that this is not the 
best way to go. So as we go forward, we will continue to fight for our 
values with public opinion and faith-based organizations on our side.
  The American people are constantly asking the question: Why aren't we 
doing a better job to respect the dignity and worth of our children? 
The dignity and worth of our children. The dignity and worth of our 
children.
  That might amuse you, but it is not amusing to the children who are 
affected.
  The children come first. At the end of the day, we have to make sure 
that the resources needed to protect the children are available. 
Therefore, we will not engage in the same disrespectful behavior that 
the Senate did in ignoring the House priorities.
  In order to get resources to the children fastest, we will 
reluctantly put the Senate bill on the floor. As the Senate bill 
passes--when it does, if it does--it will not be the end of this 
debate. It will be the battle cry. It will be the battle cry as to how 
we go forward to protect children in a way that truly honors their 
dignity and worth, their spark of divinity that they are all children 
of God.
  Mr. Speaker, I thank the gentlewoman from Texas (Ms. Escobar), our 
colleague, for the beautiful moment of silence that she held earlier.
  Mr. Speaker, I thank my colleagues for their leadership to protect 
values, honor our values, keep America safe. As always, with every 
vote, it is a vote of conscience.
  The situation at the border is a challenge to the conscience of 
America. It should be a challenge to the conscience of each and every 
one of us. As always, you must vote your conscience.
  Mrs. LOWEY. Mr. Speaker, the humanitarian situation at our southern 
border is disgraceful. The Trump administration has exacerbated a 
crisis that has led to intolerable conditions for children and families 
in the government's care.
  We have been advised that agencies that provide critical services for 
children, including the Office of Refugee Resettlement and Customs and 
Border Protection, will imminently run out of funds.
  Earlier this week, the House passed a comprehensive bill to fund 
these agencies and provide important reforms to ensure that children in 
our government's care are safe, healthy, and comfortable.
  Sadly, the White House, which has done so much to create this crisis, 
refused to work with us to protect the children; and the Senate 
majority leader, who I am told is selling T-shirts that describe him as 
the Grim Reaper, refuses to respect the House as a coequal body of 
Congress and negotiate the differences in our legislation.
  Left in the lurch by this cruelty and callousness are the babies and 
children in government care. The House refuses to be a party to this 
cruelty. That is why we are reluctantly bringing the Senate legislation 
to the floor today.
  We could have done better for our children and our families, but, 
unfortunately, the White House and the Senate would not allow that. So 
we will fight another day, and we will never stop fighting to protect 
the children who are our future.
  Mr. Speaker, I reserve the balance of my time.
  Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
  I rise in very strong support of H.R. 3401, as amended by the Senate.
  Hundreds of thousands of people have arrived at our border this year. 
More than 100,000 have crossed each of the last 3 months, with 144,000 
in May alone. Some of these people are coming through points of entry, 
but the overwhelming majority are walking through the desert or 
swimming the Rio Grande.
  Men and women across agencies and departments have been working 
together night and day trying to respond to the overwhelming surge, and 
they desperately need resources to cover the growing costs. This is a 
real crisis, and this bill provides funds for all those who are 
representing us and working without adequate pay.
  As I said just yesterday, we are out of time. Some of our agencies 
are spending money they don't have because they have must-pay bills for 
contracts for food, for shelter, for transportation, and for medical 
care.
  People are waiting in terrible conditions in the desert, and summer 
in Texas is here. Children are sleeping on the ground and need to be 
moved to shelters or homes. We need doctors and pediatricians and 
caregivers.
  This bill gives the agencies the funds to care for these children, to 
reduce the overcrowding at border facilities, to repay the States, and 
to add immigration judge teams.
  The Senate has already passed this bill on an overwhelmingly 
bipartisan basis. Now we should do the same and send this bill to the 
President for his signature.
  Mr. Speaker, I urge a strong ``yes'' vote on this bill, and I yield 
back the balance of my time.
  Mrs. LOWEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to House Resolution 466, the 
previous question is ordered.
  The question is on the motion to concur.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. GRANGER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to concur will be followed by a 5-minute vote 
on agreeing to the Speaker's approval of the Journal.
  The vote was taken by electronic device, and there were--ayes 305, 
noes 102, not voting 25, as follows:

                             [Roll No. 429]

                               AYES--305

     Aderholt
     Allen
     Allred
     Amodei
     Armstrong
     Arrington
     Axne
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Beatty
     Bera
     Bergman
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blunt Rochester
     Bost
     Brady
     Brindisi
     Brooks (IN)
     Brownley (CA)
     Buchanan
     Bucshon
     Budd
     Burchett
     Burgess
     Bustos
     Byrne
     Calvert
     Carbajal
     Carter (TX)
     Cartwright
     Case
     Casten (IL)
     Castor (FL)
     Chabot
     Cheney
     Cleaver
     Cline
     Cloud
     Clyburn
     Cohen
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Conaway
     Cook
     Cooper
     Costa
     Courtney
     Cox (CA)
     Craig
     Crawford
     Crenshaw
     Crist
     Crow
     Cuellar
     Cummings
     Cunningham
     Curtis
     Davids (KS)
     Davidson (OH)
     Davis (CA)
     Davis, Rodney
     Dean
     DelBene
     Delgado
     Demings
     DesJarlais
     Deutch
     Diaz-Balart
     Doyle, Michael F.
     Duffy
     Duncan
     Dunn
     Eshoo
     Estes
     Ferguson
     Finkenauer
     Fitzpatrick
     Fleischmann
     Fletcher
     Flores
     Fortenberry
     Foster
     Foxx (NC)
     Frankel
     Fudge
     Fulcher
     Gaetz
     Gallagher
     Garamendi
     Gianforte
     Gibbs
     Golden
     Gonzalez (OH)
     Gonzalez (TX)
     Gooden
     Gottheimer
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green (TN)
     Green, Al (TX)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harder (CA)
     Harris
     Hartzler
     Hayes
     Heck
     Hern, Kevin
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Himes
     Holding
     Hollingsworth
     Horn, Kendra S.
     Houlahan
     Hoyer
     Hudson
     Huizenga
     Hunter
     Hurd (TX)
     Johnson (GA)
     Johnson (OH)
     Johnson (SD)
     Johnson (TX)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keating
     Keller
     Kelly (IL)
     Kelly (MS)
     Kelly (PA)
     Kildee
     Kilmer
     Kim
     Kind
     King (IA)
     King (NY)
     Kirkpatrick
     Krishnamoorthi
     Kuster (NH)
     LaHood
     LaMalfa
     Lamb
     Lamborn
     Langevin
     Larsen (WA)
     Larson (CT)
     Latta
     Lawson (FL)
     Lee (NV)
     Lesko
     Levin (CA)
     Lipinski
     Loebsack
     Long
     Loudermilk
     Luetkemeyer
     Luria
     Lynch
     Malinowski
     Maloney, Sean
     Marchant
     Marshall
     Mast
     Matsui
     McAdams
     McBath
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McNerney
     Meadows
     Meuser
     Miller
     Mitchell
     Moolenaar
     Mooney (WV)
     Morelle
     Murphy
     Neal
     Newhouse
     Norman
     Nunes
     O'Halleran
     Olson
     Palazzo
     Palmer
     Panetta
     Pappas
     Payne
     Pence
     Perlmutter
     Perry
     Peters
     Peterson
     Phillips
     Pingree
     Porter
     Posey

[[Page H5250]]


     Ratcliffe
     Reed
     Reschenthaler
     Rice (NY)
     Rice (SC)
     Riggleman
     Roby
     Rodgers (WA)
     Roe, David P.
     Rogers (AL)
     Rogers (KY)
     Rose (NY)
     Rose, John W.
     Rouda
     Rouzer
     Ruiz
     Ruppersberger
     Rush
     Rutherford
     Sarbanes
     Scalise
     Schiff
     Schneider
     Schrier
     Schweikert
     Scott (VA)
     Scott, Austin
     Scott, David
     Serrano
     Sewell (AL)
     Shalala
     Sherrill
     Shimkus
     Simpson
     Sires
     Slotkin
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spanberger
     Spano
     Stanton
     Stauber
     Stefanik
     Steil
     Stevens
     Stewart
     Stivers
     Suozzi
     Taylor
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Timmons
     Tipton
     Torres Small (NM)
     Trone
     Turner
     Underwood
     Upton
     Van Drew
     Visclosky
     Wagner
     Walberg
     Walden
     Walker
     Waltz
     Wasserman Schultz
     Waters
     Watkins
     Watson Coleman
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Wexton
     Wild
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Wright
     Yarmuth
     Yoho
     Zeldin

                               NOES--102

     Adams
     Aguilar
     Amash
     Barragan
     Bass
     Beyer
     Biggs
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brooks (AL)
     Brown (MD)
     Butterfield
     Cardenas
     Carson (IN)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Clay
     Connolly
     Correa
     Davis, Danny K.
     DeFazio
     DeGette
     DeLauro
     DeSaulnier
     Dingell
     Doggett
     Engel
     Escobar
     Espaillat
     Evans
     Gallego
     Garcia (IL)
     Garcia (TX)
     Gohmert
     Gomez
     Gosar
     Grijalva
     Haaland
     Higgins (NY)
     Hill (CA)
     Horsford
     Huffman
     Jackson Lee
     Jayapal
     Jeffries
     Kennedy
     Khanna
     Lawrence
     Lee (CA)
     Levin (MI)
     Lewis
     Lieu, Ted
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Maloney, Carolyn B.
     Massie
     McCollum
     McEachin
     McGovern
     Meeks
     Meng
     Moore
     Mucarsel-Powell
     Nadler
     Napolitano
     Neguse
     Norcross
     Ocasio-Cortez
     Omar
     Pallone
     Pascrell
     Pocan
     Pressley
     Price (NC)
     Quigley
     Raskin
     Roy
     Roybal-Allard
     Sanchez
     Scanlon
     Schakowsky
     Sherman
     Smith (WA)
     Soto
     Speier
     Takano
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Trahan
     Vargas
     Veasey
     Vela
     Velazquez
     Welch

                             NOT VOTING--25

     Abraham
     Buck
     Carter (GA)
     Castro (TX)
     Emmer
     Gabbard
     Hastings
     Johnson (LA)
     Kaptur
     Kinzinger
     Kustoff (TN)
     Lucas
     Moulton
     Mullin
     Richmond
     Rooney (FL)
     Ryan
     Schrader
     Sensenbrenner
     Steube
     Swalwell (CA)
     Thornberry
     Walorski
     Wilson (FL)
     Young

                              {time}  1717

  Mr. CARDENAS, Mses. DeLAURO and SPEIER, Messrs. SOTO and SHERMAN 
changed their vote from ``aye'' to ``no.''
  Mr. MEADOWS changed his vote from ``no'' to ``aye.''
  So the motion to concur was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________