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116th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     116-128

======================================================================


 
 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

                                _______
                                

              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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 144

    Motion by Mr. Perlmutter to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

      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.

                                  [all]