[Congressional Record Volume 165, Number 107 (Tuesday, June 25, 2019)]
[House]
[Pages H5147-H5159]
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. Madam Speaker, pursuant to House Resolution 462, I call 
up the bill (H.R. 3401) making emergency supplemental appropriations 
for the fiscal year ending September 30, 2019, and for other purposes, 
and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 462, the 
amendment printed in House Report 116-128 shall be considered as 
adopted, and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 3401

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,  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'', $17,000,000 to be used only for 
     services and activities provided by the Legal Accesa 
     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.

                     United States Marshals Service

                       federal prisoner detention

       For an additional amount for ``Federal Prisoner 
     Detention'', $155,000,000 to be used only for the necessary 
     expenses related to United States prisoners in the custody of 
     the United States Marshals Service as authorized by section 
     4013 of title 18, United States Code: 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 HOMELAND SECURITY

              Security, Enforcement, and Border Protection

                   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, 
     $1,217,931,000, to remain available until September 30, 2020; 
     of which $702,500,000 is for migrant processing facilities; 
     of which $92,000,000 is for consumables; of which $19,950,000 
     is for medical assets and high risk support; of which 
     $8,000,000 is for Federal Protective Service support; of 
     which $35,000,000 is for transportation; of which $90,636,000 
     is for temporary duty and overtime costs; of which 
     $19,845,000 is for reimbursements for temporary duty and 
     overtime costs; and of which $50,000,000 is for mission 
     support data systems and analysis: 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.

              procurement, construction, and improvements

       For an additional amount for ``Procurement, Construction, 
     and Improvements'' for migrant 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, 
     $128,238,000; of which $35,943,000 is for transportation of 
     unaccompanied alien children; of which $11,981,000 is for 
     detainee transportation for medical needs, court proceedings, 
     or relocation to and from U.S. Customs and Border Protection 
     custody; of which $5,114,000 is for reimbursements for 
     overtime and temporary duty costs; of which $20,000,000 is 
     for alternatives to detention; of which $45,000,000 is for 
     detainee medical care; and of which $10,200,000 is for the 
     Office of Professional Responsibility for background 
     investigations and facility inspections: 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.

                  Federal Emergency Management Agency

                           federal assistance

       For an additional amount for ``Federal Assistance'', 
     $60,000,000, 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 becomes 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. 201.  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. 202.  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. 203. (a) The Secretary of the Department of Homeland 
     Security shall establish policies and distribute written 
     personnel guidance, as appropriate, not later than 60 days 
     after the date of enactment of this Act on the following:
       (1) Providing private meeting space and video 
     teleconferencing access for individuals returned to Mexico 
     under the Migrant Protection Protocols to consult with legal 
     counsel, including prior to initial immigration court 
     hearings.
       (2) Efforts, in consultation with the Department of State, 
     to address the housing,

[[Page H5148]]

     transportation, and security needs of such individuals.
       (3) Efforts, in consultation with the Department of 
     Justice, to ensure that such individuals are briefed, in 
     their primary spoken language to the greatest extent 
     possible, on their legal rights and obligations prior to 
     being returned to Mexico.
       (4) Efforts, in consultation with the Department of 
     Justice, to prioritize the immigration proceedings of such 
     individuals.
       (5) The establishment of written policies defining 
     categories of vulnerable individuals who should not be so 
     returned.
       (b) For purposes of this section, the term ``Migrant 
     Protection Protocols'' means the actions taken by the 
     Secretary to implement the memorandum dated January 25, 2019 
     entitled ``Policy Guidance for the Implementation of the 
     Migrant Protection Protocols''.
       (c) 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.
       Sec. 204.  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 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. 205.  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. 206.  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. 207. (a) Of the additional amount provided under 
     ``U.S. Customs and Border Protection--Operations and 
     Support'', $200,000,000 is for a multi-agency, integrated, 
     migrant processing center pilot program for family units and 
     unaccompanied alien children, including the following:
       (1) Ongoing assessment and treatment efforts for physical 
     or mental health conditions, including development of a 
     support plan and services for each member of a vulnerable 
     population.
       (2) Assessments of child protection and welfare needs.
       (3) Food, shelter, hygiene services and supplies, clothing, 
     and activities appropriate for the non-penal, civil detention 
     of families.
       (4) Personnel with appropriate training on caring for 
     families and vulnerable populations in a civil detention 
     environment.
       (5) Free telephonic communication access, including support 
     for contacting family members.
       (6) Direct access to legal orientation, legal 
     representation, and case management in private areas of the 
     center.
       (7) Credible fear and reasonable fear interviews conducted 
     by U.S. Citizenship and Immigration Services asylum officers 
     in private areas of the center.
       (8) Granting of asylum directly by U.S. Citizenship and 
     Immigration Services for manifestly well-founded or clearly 
     meritorious cases.
       (9) For family units not found removable prior to departure 
     from the center--
       (A) release on own recognizance or placement in 
     alternatives to detention with case management; and
       (B) coordinated transport to a respite shelter or city of 
     final destination.
       (10) For family units found removable prior to departure 
     from the center, safe return planning support by an 
     immigration case manager, including a consular visit to 
     assist with reintegration.
       (11) On-site operational support by non-governmental 
     organizations for the identification and protection of 
     vulnerable populations.
       (b) The Secretary shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     within 24 hours of any--
       (1) unaccompanied child placed in the pilot program whose 
     time in Department of Homeland Security custody exceeds 72 
     hours; and
       (2) family unit placed in the pilot program whose time in 
     such custody exceed exceeds 9 days.
       (c) Prior to the obligation of the amount identified in 
     subsection (a), but not later than 30 days after the date of 
     enactment of this Act, the Secretary shall submit a plan for 
     the implementation of the pilot program to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     which shall include a definition of vulnerable populations.
       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. 207. 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.

                               TITLE III

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

                     (including transfer of funds)

       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 division B of 
     Public Law 115-245 and made available through fiscal year 
     2021 under this heading, and to be made 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 as of the date of the 
     enactment of this Act, such amounts provided by this Act as 
     are necessary shall be used to reverse such reprogramming: 
     Provided further, That of the amounts provided under this 
     heading, the amount 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 lease or acquisition of 
     real property: Provided further, That not less than 
     $866,000,000 of the 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 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 the amounts provided under this 
     heading shall be used for post-release services, child 
     advocates, and legal services: Provided further, That the 
     amount made available for legal services in the preceding 
     proviso shall be made available for the same purposes for 
     which amounts were provided for such services in fiscal year 
     2017: Provided further, That not less than $8,000,000 of the 
     amounts provided under this heading shall be used for the 
     purposes of hiring additional Federal Field Specialists and 
     for increasing

[[Page H5149]]

     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 the date 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 none of the funds made available under 
     this heading may be transferred pursuant to the authority in 
     section 205 of division B of Public Law 115-245: Provided 
     further, That the amount provided under this heading 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.  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 the custody of the Department 
     of Health and Human Services. The Secretary shall prioritize 
     State-licensed, hard-sided dormitories.
       Sec. 302.  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 remain available for obligation only if 
     the operational directives issued by the Office of Refugee 
     Resettlement between December 1, 2018, and June 15, 2019, to 
     accelerate the identification and approval of sponsors, 
     remain in effect.
       Sec. 303.  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. 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--
       (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, regardless 
     of the status of the underlying settlement agreement;
       (B) 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
       (C) access provided to legal services;
       (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 and the report specifies each 
     requirement referenced n paragraph (1) that is being waived 
     for 60 days;
       (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 examiation (including screening for 
     infectious disease) 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 
     an 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 outoor activity, weather permitting, at least 
     one hour per day of structured leisure time activities (this 
     should not include time spent wathching television). 
     Activities should be increased to three hours on days when 
     school is not in session;
       (G) wheneve possible, access to religious services of the 
     minor's choice;
       (H) visitation and contact with family members (regardless 
     of t heir 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 xclusion hearing before an immigration judge, 
     the right t 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, need to award a 
     contract or grant to anew service provider, and the incumbent 
     contractor or grantee shall be be eligible to compete for the 
     new contract or grant;
       (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;
       (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; and
       (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.
       Sec. 305.  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 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. 306. (a) The Secretary shall ensure that, when 
     feasible, no unaccompanied alien child is at an unlicensed 
     facility if the child is not expected to be placed with a 
     sponsor within 30 days.
       (b) The Secretary shall ensure that no unaccompanied alien 
     child is at an unlicensed facility if the child--
       (1) is under the age of 13;
       (2) does not speak English or Spanish as his or her 
     preferred language;
       (3) has known special needs, behavioral health issues, or 
     medical issues that would be better served at an alternative 
     facility;
       (4) is a pregnant or parenting teen; or
       (5) would have a diminution of legal services as a result 
     of the transfer to such an unlicensed facility.
       (c) ORR shall notify a child's attorney of record in 
     advance of any transfer, where applicable.
       Sec. 307.  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 nothing in this section shall be 
     construed to require such a Senator or Member to provide 
     prior notice of the intent to enter such a facility for such 
     purpose.
       Sec. 308.  Not later than 14 days after the date of 
     enactment of this Act, and monthly thereafter, the Secretary 
     of Health and Human Services 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

[[Page H5150]]

     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.
       (2) The documented cause of separation, as reported by DHS 
     when each child was referred.
       Sec. 309.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services 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 expire.
       Sec. 310.  The Office of Refugee Resettlement shall ensure 
     that its grantees are aware of current law regarding the use 
     of information collected as part of the sponsor vetting 
     process.
       Sec. 311.  The Secretary is directed to report the death of 
     any unaccompanied alien child in Office of Refugee 
     Resettlement (ORR) custody or in the custody of any grantee 
     on behalf of ORR within 24 hours, including relevant details 
     regarding the circumstances of the fatality, to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       Sec. 312.  Notwithstanding any other provision of law, 
     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 
     only be used for the purposes specifically described under 
     that heading.
       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 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-
     licenses facility for any unaccompanied alien child who has 
     been at an unlicenses facility for longer than 90 days.
       (c) Subsetions (a) and (b) shall not apply to an 
     unaccompanie 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 an the Senate, and shall sumit a s ummary 
     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 has been in care for longer than 90 days.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401. (a) Fiscal Year 2017.--Funds made available by 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2017 (division J of Public Law 
     115-31) that were initially obligated for assistance for El 
     Salvador, Guatemala, and Honduras may not be reprogrammed 
     after the date of enactment of this Act for assistance for a 
     country other than for which such funds were initially 
     obligated: Provided, That if the Secretary of State suspends 
     assistance for the central government of El Salvador, 
     Guatemala, or Honduras pursuant to section 7045(a)(5) of such 
     Act, not less than 75 percent of the funds for such central 
     government shall be reprogrammed for assistance through 
     nongovernmental organizations or local government entities in 
     such country: Provided further, That the balance of such 
     funds shall only be reprogrammed for assistance for countries 
     in the Western Hemisphere.
       (b) Fiscal Year 2018.--Section 7045(a) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2018 (division K of Public Law 115-141) 
     is amended by striking paragraph (4)(D) and inserting in lieu 
     of paragraph (1) the following paragraph:
       ``(1) Funding.--Subject to the requirements of this 
     subsection, of the funds appropriated under titles III and IV 
     of this Act, not less than $615,000,000 shall be made 
     available for assistance for countries in Central America, of 
     which not less than $452,000,000 shall be for assistance for 
     El Salvador, Guatemala, and Honduras to implement the United 
     States Strategy for Engagement in Central America (the 
     Strategy): Provided, That such amounts shall be made 
     available notwithstanding any provision of law permitting 
     deviations below such amounts: Provided further, That if the 
     Secretary of State cannot make the certifications under 
     paragraph (3), or makes a determination under paragraph 
     (4)(A) or (4)(C) that the central government of El Salvador, 
     Guatemala, or Honduras is not meeting the requirements of 
     this subsection, not less than 75 percent of the funds for 
     such central government shall be reprogrammed for assistance 
     through nongovernmental organizations or local government 
     entities in such country: Provided further, That the balance 
     of such funds shall only be reprogrammed for assistance for 
     countries in the Western Hemisphere.''.
       (c) Fiscal Year 2019.--Section 7045(a) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2019 (division F of Public Law 116-6) is 
     amended by striking paragraph (2)(C) and inserting at the 
     end, between paragraph (4)(B) and subsection (b), the 
     following new paragraph:
       ``(5) Funding.--Subject to the requirements of this 
     subsection, of the funds appropriated under titles III and IV 
     of this Act, not less than $540,850,000 shall be made 
     available for assistance for countries in Central America, of 
     which not less than $452,000,000 shall be made available for 
     assistance for El Salvador, Guatemala, and Honduras to 
     implement the United States Strategy for Engagement in 
     Central America: Provided, That such amounts shall be made 
     available notwithstanding any provision of law permitting 
     deviations below such amounts: Provided further, That if the 
     Secretary of State cannot make the certification under 
     paragraph (1), or makes a determination under paragraph (2) 
     that the central government of El Salvador, Guatemala, or 
     Honduras is not meeting the requirements of this subsection, 
     not less than 75 percent of the funds for such central 
     government shall be reprogrammed for assistance through 
     nongovernmental organizations or local government entities in 
     such country: Provided further, That the balance of such 
     funds shall only be reprogrammed for assistance for countries 
     in the Western Hemisphere.''.
       Sec. 402.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 403.  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. 404.  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. 405.  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. 406.  Any amount appropriated by this Act, 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 and subsequently so 
     designated by the President, and transferred pursuant to 
     transfer authorities provided by this Act shall retain such 
     designation.
       This Act may be cited as the ``Emergency Supplemental 
     Appropriations for Humanitarian Assistance and Security at 
     the Southern Border Act, 2019''.

  The SPEAKER pro tempore. The bill, as amended, 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.


                             General Leave

  Mrs. LOWEY. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 3401.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Mrs. LOWEY. Madam Speaker, I am very pleased to yield 1 minute to the 
gentlewoman from California (Ms. Pelosi), the Speaker of the House.
  Ms. PELOSI. Madam Speaker, I thank the gentlewoman for yielding.

[[Page H5151]]

  Madam Speaker, let me first salute Chairwoman Nita Lowey, 
Congresswoman Lucille Roybal-Allard, Congresswoman Rosa DeLauro, and 
all of the appropriators--also the ranking member--for their relentless 
good-faith work on a strong bill that protects vulnerable children, 
keeps America safe, and honors our values.
  Madam Speaker, when people ask me, what are the three most important 
issues facing the Congress? I always say the same thing: children, 
children, children.
  Today, we have the opportunity to help the children. We are ensuring 
that children have food, clothing, sanitary items, shelter, and medical 
care. We are providing access to legal assistance. And we are 
protecting families because families belong together.
  Right now, children need their families. Right now, little children 
are enduring trauma and terror. Many are living in squalor at Border 
Patrol stations. 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 there is no one else 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.
  Today, we found out that the administration is sending children back 
to a station in Clint, Texas, from where, just days earlier, those 
children had been removed after enduring weeks without a shower or a 
change of clothes. When visiting these children, one lawyer reported, 
the children are locked in their cells. They said they can't bring 
themselves to play because they are trying to stay alive in there.
  And yet, last week, the Trump Department of Justice argued in court 
that the government should not have to provide children in custody with 
soap, toothbrushes, or beds.
  This situation is child abuse. It is an atrocity that violates every 
value we have, not only as Americans, but as moral beings. Today, 
sadly, our values are being undermined by the President's failed 
policies which has intensified the situation of heartbreak and horror 
on the border, which challenges the conscience of America.
  Today, our legislation is a vote against the cruel attitude toward 
children of this administration. This bill does not fund the 
administration's failed mass detention policy. Instead, it funds 
effective, humane alternatives to detention that have a proven record 
of success. This legislation secures limits on how the money is spent 
and how the administration treats children. And it creates strong 
oversight by Congress so that we can protect children and ensure this 
crisis never occurs again.
  This legislation also helps address the root causes of this 
situation. It reverses the administration's senseless decision to block 
the humanitarian funding that Congress had already appropriated for the 
Northern Triangle countries, where many of these refugees are coming 
from. And it ensures that the funding is used by these countries to 
curb migration, improve border security, and prevent human smuggling 
and drug trafficking, in addition to combating corruption, reducing 
poverty, and promoting growth. That is what the agenda is about.
  A recent trip by some of our colleagues, led by Chairman Eliot Engel, 
Chairman Jerry Nadler, and other Members to the Northern Triangle, saw 
the effective use of those funds. And while they were there, exercising 
oversight and seeing the effective use of those funds, at that very 
moment, the President reversed the policy.
  We are launching a $200 million pilot initiative to improve the 
Customs and Border Protection's processing system, based on a proposal 
from the UN High Commissioner for Refugees.
  The evangelical community, Madam Speaker, a while back when there was 
another Muslim ban, we were not in the majority, but we did have a 
hearing where many people came. National security experts, diplomats, 
everyone came. People of faith-based organizations came to object to 
the President's Muslim ban. And, at that time, representatives of the 
evangelical community of America--this is not an individual, but a 
representative of the evangelicals in America--stated that America's 
refugee resettlement program is the crown jewel of America's 
humanitarianism.
  We must protect and strengthen this pillar of our immigration system 
and our democracy. Families belong together. And as we face the 
challenges presented by the President's policy, we must help immigrants 
know their rights. Immigrants must know their rights. Families belong 
together.
  Every Member of this body has a sacred moral obligation to protect 
the human rights and the lives of vulnerable families, no matter who 
they are and from where they came. They all are God's children. They 
have a spark of divinity within them that we must respect. And we must 
remember our own spark of divinity as we view these children and our 
responsibilities to them.
  Madam Speaker, I urge a strong, bipartisan vote for the children, the 
children, the children.

                              {time}  1945

  Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of House Democrats' humanitarian 
supplemental to care for the increased number of migrants crossing the 
southern border.
  In a matter of days, the Department of Health and Human Services and 
Department of Homeland Security will run out of money to care for 
children and families at the border who are already held in deplorable, 
chaotic conditions, often without needed medical care or even soap and 
toothbrushes.
  Children go without showers or clean clothes for weeks, and 7- and 8-
year-olds care for infants they don't know, while toddlers go without 
diapers. This is heartbreaking and, in the richest country on Earth, 
unacceptable.
  This bill totals $4.5 billion for basic human needs and better care. 
It includes $200 million for an integrated, multiagency processing 
center pilot program with nonprofits, as well as $60 million to assist 
local entities and non profits serving the influx of migrants.
  The President's cruel immigration policies that tear apart families 
and terrorize communities demand the stringent safeguards in this bill 
to ensure these funds are used for humanitarian needs only--not for 
immigration raids, not for detention beds, not for a border wall.
  This bill would better protect migrants' rights and dignity with 
stronger requirements for care of unaccompanied children, including 
standards for medical care and medical emergencies; nutrition, hygiene, 
and facilities; and personnel training.
  Strict conditions on influx shelters that house children would 
mandate compliance with requirements in the Flores settlement. Sponsors 
and potential sponsors would be safeguarded from DHS immigration 
enforcement based on information collected by HHS during the sponsor 
vetting process.
  Madam Speaker, we cannot be complicit in the crisis and suffering at 
the border. I urge support for this legislation, and I reserve the 
balance of my time.
  Ms. GRANGER. Madam Speaker, I yield myself such time as I may 
consume.
  Almost 2 months ago, the administration sounded the alarm about the 
crisis at our southwest border and told the Congress additional funds 
were badly needed. Now, 2 months later, we are here. We have this 
border supplemental appropriations bill, H.R. 3401, that falls terribly 
short and will only further delay addressing the problem.
  I oppose this bill in its current form.
  Hundreds of thousands of people have arrived at the border this year. 
Some are coming through points of entry, and many are crossing through 
the desert or the Rio Grande.
  Men and women across agencies and departments have been working 
together to try to respond to the overwhelming surge of people coming 
to the border illegally for the past 3 months, totaling over 100,000 
people per month. Last month topped that: 144,000 men, women, and 
children from 51 countries.
  Our agents and officers, our volunteers, our nongovernmental 
organizations are dealing with nearly 20,000 people in a space designed 
for a fraction of that. They are dealing with the increasing summer 
heat, and they are dealing with migrants with grave medical conditions.

[[Page H5152]]

  This is a real crisis, and we need a bill that provides for all the 
agencies that are involved in responding. It is long overdue.
  The bill before us does not provide Immigration and Customs 
Enforcement, the Department of Defense, or the immigration courts with 
the funds they need.
  In addition, the bill includes provisions tying the administration's 
hands, including restrictions on foreign aid to Central American 
countries and stopping HHS from changing policies that could protect 
unaccompanied children.
  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 and 
shelter and transportation and medical care.
  I want everyone to be very aware of what they are dealing with: 
People are waiting in terrible conditions in the desert, and summer is 
here; children are sleeping on the ground and need to be moved to 
shelters or homes. We need doctors and pediatricians. We need 
caregivers.
  We need immigration courts to rule in a timely manner. We should not 
force those who have submitted claims for asylum and other forms of 
release to wait any longer. The more time we spend on partisan 
measures, the longer it will be before help arrives to those who 
desperately need it.
  We need to act now on a bipartisan solution, and I urge my colleagues 
to reject this bill. It is partisan and dangerous.
  Madam Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Madam Speaker, I yield 4 minutes to the gentlewoman from 
Connecticut (Ms. DeLauro), the distinguished and outstanding chair of 
the Labor, Health and Human Services, Education, and Related Agencies 
Subcommittee.
  Ms. DeLAURO. Madam Speaker, we face a humanitarian crisis at our 
southern border, and we face a crisis of care.
  Six children have died in U.S. custody in the last 9 months. In the 
10 previous years, not one child died. These lost, scared, and 
vulnerable young people are so distraught in what the Miami Herald 
called ``prison-like facilities'' that they are self-harming. It breaks 
our heart, and it must steel our conviction for action tonight.
  And we have been acting. In the 2020 Labor-HHS appropriations bill, 
we strengthened protections for the unaccompanied children program. 
These include funding legal services, blocking the administration's 
memorandum of agreement that had HHS erroneously prioritizing 
immigration enforcement over care for kids and scaring sponsors from 
coming forward, and requiring the administration to abide by the 
protections that are guaranteed under the standards of care under the 
Flores Agreement.

  That is what we have done. This is what we are doing now.
  This emergency supplemental provides funding for the housing of 
children. It implements protections for them. It enacts mechanisms to 
ensure their safe and expeditious placement with sponsors.
  We provide legal services, child advocates, post-release services, 
additional Federal field specialists, and case management personnel to 
identify potential family sponsors and to discharge children to them as 
quickly as possible.
  The emergency supplemental provides the full amount of $2.9 billion 
requested by the administration--the full amount. These funds enable 
the Department to expand its network of shelters to care for children.
  So we do provide the funds. However, we do not provide a blank check, 
because a blank check could be license to continue the abuses that we 
uncovered.
  All of us were shocked and outraged last year at the administration's 
intentional family separation policy, adding to the number of children 
that HHS had to care for and doing so with no plan to reunify these 
families. The tragedy is some children will never be reunited with 
their families, and that is on this administration's watch.
  Along with these funds, this bill includes new and necessary 
protections. They redirect HHS to its core mission, which is to be 
caring for children, placing them in a safe environment with sponsors.
  This bill gives priority to small and medium-scale State licensed 
shelters wherever possible. And for the first time ever, it requires 
currently exempt influx facilities to meet the minimum standards of 
care required by the Flores settlement. If these grantees do not 
comply, their contracts are revoked.
  The bill limits the number of days children can spend at an influx 
shelter. A temporary facility should not become a near-permanent way 
station. The bill requires HHS to maintain the directives that have 
been successfully accelerating the placement of children.
  And, finally, the bill enhances transparency, provides adequate 
safeguards against the misuse of funds. It prohibits funds from being 
transferred outside of HHS. It does not give the Secretary discretion 
to decide which Flores protections should apply to influx shelters. And 
the bill requires HHS to report to the Congress within 24 hours if a 
child dies in HHS custody.
  Not one Member in this body would volunteer his or her child or 
grandchild to be detained in these facilities. Not one of us would 
choose to expose our youngsters to these conditions. So we must not 
allow any children to continue to suffer, nor can we miss the 
opportunity to help.
  Mrs. LOWEY. Madam Speaker, I yield an additional 1 minute to the 
gentlewoman from Connecticut.
  Ms. DeLAURO. President Franklin Roosevelt once said, quoting the 
poet, Dante: ``Divine justice weighs the sins of the cold-blooded and 
the sins of the warmhearted in different scales. Better the occasional 
faults of a government that lives in a spirit of charity than the 
consistent omissions of a government frozen in the ice of its own 
indifference.''
  We are not indifferent. We should not be indifferent tonight. Do not 
let us become frozen.
  I urge my colleagues on both sides of the aisle, let us pass this 
emergency supplemental bill because the lives of children are at stake, 
and we should not play fast and loose with those lives when we have the 
power to do something, to make a difference, and to protect these 
children and make sure they get to a safe haven and a safe landing.
  Ms. GRANGER. Madam Speaker, I yield 5 minutes to the gentleman from 
Tennessee (Mr. Fleischmann).
  Mr. FLEISCHMANN. Madam Speaker, I thank the gentlewoman from Texas 
(Ms. Granger), the ranking member.
  As the ranking member of the Homeland Security Subcommittee on 
Appropriations, I know all too well the challenges we are facing on the 
border. I have the utmost respect for Chairwoman Roybal-Allard and her 
work to address these issues and work with all the members of the 
subcommittee.
  At the time we crafted the fiscal year 2019 regular appropriations 
bill, we could not have predicted the sheer mass of people pouring 
across the border this spring and summer. But this fiscal year, Customs 
and Border Patrol has already encountered almost 700,000 people. That 
is double the amount in all the previous fiscal years, and we still 
have 3 months to go.
  Further, we are not talking about separating children. We are talking 
about children coming to this country without parents who can care for 
them. We can't just let kids wander the streets. We need to ensure 
that HHS has the space and the capacity to find sponsors or suitable 
homes for these kids.

  DHS cannot wait another month for funds, and DHS definitely cannot 
wait on Health and Human Services to receive more funds. We need a 
complete border supplemental bill providing relief and resources for 
all agencies working at the border and within the country to work 
through the number of migrants coming across the southern border. That 
includes Immigration and Customs Enforcement, and that also includes 
the Department of Defense.
  Further, we need a supplemental bill that does not throw up 
roadblocks to implementing the aid we are trying to deliver. Madam 
Speaker, I urge the House to, instead, take up a more bipartisan bill 
that would also pass the Senate and get signed by the President on 
Friday.
  Time is of the essence. We need to work with the Senate and the 
President to get a bill enacted. Madam Speaker, I urge a ``no'' vote on 
this bill. Let's take up a bill that could deliver the humanitarian aid 
by the end of this week.

[[Page H5153]]

  

  Mrs. LOWEY. Madam Speaker, I yield 4 minutes to the gentlewoman from 
California (Ms. Roybal-Allard), the outstanding chairwoman of the 
Homeland Security Subcommittee.
  Ms. ROYBAL-ALLARD. Madam Speaker, I rise in strong support of H.R. 
3401.
  We have all seen the tragic pictures of immigrants held in extremely 
overcrowded CBP facilities never designed to hold families and tender-
aged children. I and many colleagues have been to the border and 
witnessed firsthand the horrific, indisputably untenable and 
intolerable conditions.
  This bill addresses this humanitarian crisis and sets forth strong 
oversight provisions and requirements to ensure the basic human care of 
migrants in custody, especially the children.
  Funding for the Department of Homeland Security totals nearly $1.5 
billion, $150 million above the Senate committee bill.

                              {time}  2000

  This crucial funding will directly address the humanitarian crisis at 
the border by supporting temporary CBP holding facilities to relieve 
dangerous overcrowding and by providing medical and transportation 
support, blankets, food, water, and other consumables for migrants.
  Combined with funding in title III for unaccompanied children, the 
bill also provides resources needed to reduce time in CBP custody and 
to ensure their facilities are safe, sanitary, and humane.
  The bill also includes $200 million for an innovative multiagency 
pilot program to better address the medical and legal needs of families 
and unaccompanied children. It will also improve the Department's 
efficiency in migrant processing without compromising migrant legal 
protections.
  This pilot will co-locate Customs and Border Protection, Immigration 
and Customs Enforcement, Citizenship and Immigration Services, Office 
of Refugee Resettlement, and nonprofit humanitarian organizations into 
a single facility. This will reduce overall processing time, provide 
consistent medical assessments and treatment, and offer legal 
orientation much earlier. Nonprofit organizations will provide 
assessments of migrants' needs and vulnerabilities and help families 
transition to local shelters or alternatives to detention.
  The bill also includes $60 million to help nonprofits and local 
jurisdictions continue their efforts to provide assistance to migrants 
released from DHS custody.
  The Office of Refugee Resettlement is nearly out of money. Without 
additional resources for sheltering capacity, children will continue to 
be held for weeks or longer in ill-equipped CBP holding facilities 
never intended to hold children for more than a few hours.
  Let me be clear: Without passage of this bill, the only alternative 
is the Senate bill, which has insufficient oversight provisions and 
leaves the door open for further abusive behavior by the 
administration. H.R. 3401 takes a constructive, balanced approach with 
the right mix of funding and oversight.
  Madam Speaker, Congress simply cannot adjourn without providing the 
funding needed to address the humanitarian crisis and trauma of 
migrants and their children at the border. The only way to ensure the 
inclusion of strong oversight, compliance requirements, and priorities 
in the emergency supplemental package is to pass H.R. 3401.
  I urge my colleagues to vote ``yes'' on this supplemental.
  Ms. GRANGER. Madam Speaker, I yield 5 minutes to the gentleman from 
Florida (Mr. Rutherford).
  Mr. RUTHERFORD. Madam Speaker, I thank the ranking member for 
yielding.
  Madam Speaker, I am truly saddened this evening to rise in opposition 
to what should be a humanitarian assistance bill for those who are 
suffering at our southern border.
  For over 50 days, my Republican colleagues have been begging the 
House majority, begging them to deliver badly needed relief to our 
agencies on the southern border that are overwhelmed by a record number 
of migrants.
  For over 50 days, the majority has remained silent while our agencies 
ran out of resources and migrant children suffered from a lack of 
sufficient resources to properly care for them.
  The Speaker talked about keeping America safe. Hardly. She said that 
this is a vote for the children, the children, the children. At the 
same time, she is asking us to vote for a bill that withholds resources 
from the very agencies that are responsible for the care, custody, and 
control of those who are suffering at the border.
  I am really glad, Madam Speaker, that, finally, my colleagues across 
the aisle have recognized this is a crisis at the southern border. It 
is not a manufactured crisis, as they claimed it was for over 2 months. 
But this bill does nothing to solve that crisis.
  It is nothing more than a political messaging bill for a large-scale 
disinformation campaign about that humanitarian crisis, which my 
colleagues across the aisle, again, once called a manufactured crisis.
  Specifically, this bill restricts DHS from sending additional 
employees to the southern border. Congress is now going to tell DHS how 
to deploy their staffing. That is amazing.
  It withholds overtime funds for exhausted officers. It provides money 
to inspect DHS but provides nothing--can't use a dime--to investigate 
human trafficking. When we know that these children who are suffering 
are being trafficked across that southern border, there is not a dime 
to go after those traffickers.
  ICE has asked for 54,000 beds to handle this surge and alleviate the 
overcrowding, but the majority only gives them, in the previous 
underlying bill in appropriations, 34,000 beds, not the 54,000 that 
they asked for, 34,000 with another 7,000 contingent.
  The Speaker and the majority want to listen to the United Nations 
High Commissioner for Refugees, but they do not want to listen to our 
own DHS agencies that are on that border and responsible for care, 
custody, and control of those individuals.
  Finally, there is no funding for extra judges to help process more 
than 100,000 migrants per month.
  What we need is proper assistance, not political messaging. I spent 
my entire adult career in law enforcement, and I know that giving money 
with burdensome strings is not leadership. It is not the way to get 
things done. We have to allow the folks on the ground the flexibility 
to do their jobs, or we are simply wasting taxpayers' hard-earned money 
and, more importantly, wasting precious time. We have wasted 2 months 
as the situation at the southern border has only worsened.
  I can assure my colleagues that the agents on the ground have a 
better idea of what is needed to be done than Washington bureaucrats or 
the U.N. commissioner. Unfortunately, there are many in this 
legislative body who despise our President so much that they are 
willing to suffocate our agencies with inadequate funding and 
regulations that endanger the safety of both migrants and our 
surrounding communities. Yet, they are not just poking the President in 
the eye.

  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. GRANGER. Madam Speaker, I yield an additional 30 seconds to the 
gentleman from Florida.
  Mr. RUTHERFORD. With this bill, they are impairing our DHS men and 
women on the ground who are trying desperately to manage this 
humanitarian crisis at the border. They are poking them in the eye, 
also.
  ICE, DHS, and HHS employees provide care for every single man, woman, 
and child who crosses into our country. They deserve our support. What 
they need are the resources to do their job effectively, and this bill 
does not provide that.
  It is frustrating to listen to.
  Mrs. LOWEY. Madam Speaker, I am very pleased to yield 2 minutes to 
the gentleman from New York (Mr. Serrano), the distinguished chairman 
of the Commerce, Justice, Science, and Related Agencies Subcommittee.
  Mr. SERRANO. Madam Speaker, we are now in the midst of a humanitarian 
crisis at the border created by the policies of the Trump 
administration.
  Like many of my colleagues, I have been shocked by the conditions at 
our border stations and the lack of basic services and necessities 
available to migrant families and especially to minors.
  This crisis has been aggravated by the anti-immigration policies of 
this

[[Page H5154]]

President. He has once against created a disaster that undermines our 
Nation's standing in the world and our basic American values.
  No one should doubt why we are here today, but the question for me is 
not who is at fault but, rather, how do we as a body, how do we as a 
party, respond? We have a responsibility to these children now. We have 
an obligation to these families now. They cannot wait.
  That is what this bill does. It provides the resources to alleviate 
the crisis and ensures that we have the money to provide migrants, 
especially minors, with the shelter, food, medicine, and legal services 
that they need.
  The funding in this bill is not a blank check, however. The 
legislation includes numerous conditions to ensure this money is used 
for its intended purposes, to make sure that individuals are receiving 
the care and services they need, and to prevent the administration from 
creating further chaos and harm.
  This bill takes the right steps to address the crisis and to stop 
what the administration is doing. I urge my colleagues to support this 
bill. If we cry out against the crisis, then we have a responsibility 
to provide the funds to alleviate it. The bill does just that, and I 
urge my colleagues' support.
  Ms. GRANGER. Madam Speaker, I yield 1 minute to the gentleman from 
California (Mr. McCarthy).
  Mr. McCARTHY. Madam Speaker, I thank the gentlewoman for yielding.
  Madam Speaker, it has been 56 days since the Trump administration 
asked for emergency funding to address the humanitarian crisis at our 
southern border, 56 days.
  The New York Times had two editorials--not one, but two. Mexico is 
now sending 15,000 troops to the southern border. But Democrats, Madam 
Speaker, have rejected a bill to provide the aid that is needed not 
once, not twice, not even 10 times, but 18 times.
  Madam Speaker, I was shocked when I actually heard from the other 
side of the aisle that someone said there is a crisis. I guess after 56 
days, they read some of those editorials. Now, after weeks of doing 
nothing and denying that a crisis exists, they are offering legislation 
that is misguided and is purely political.
  They are, once again, taking what should be a bipartisan issue and 
inserting partisan poison pills. I would say I would be shocked, but 
this isn't the only issue they have done that on this year.
  Madam Speaker, they took a bill that had a 100 percent vote from 
Republicans and Democrats dealing with prescription drugs, and before 
it got through the Speaker's Office, Madam Speaker, it became 
political, a poison pill.
  They took a bill that was in Ways and Means that got every Republican 
and every Democrat to vote for it, but, again, before it came to the 
floor, another poison pill.
  I guess we might have to get used to this, but the American public 
should not.
  Madam Speaker, that isn't how it is being used on the other side of 
this building. In the Senate, they actually took up this issue. They 
passed it out of committee 30-1.
  I know my colleagues might be shocked because I said that went 
through committee. I know my colleagues might be shocked because I said 
it was bipartisan. I know my colleagues might be shocked because they 
actually let the Senators read the bill.
  Madam Speaker, when we were on this floor being sworn in, there were 
a lot of promises made, and a lot of promises have been broken.
  There was a rule change, 72 hours. It actually marked the number of 
hours.

                              {time}  2015

  Last night, I watched the Rules Committee. They were going to come 
before the Rules Committee with a bill that we did not see in 
committee.
  But do you know what? They couldn't get the votes. So we had to say 
no to the Rules Committee.
  They will come back at 10. So I eagerly waited at 10. No, we could 
not come back.
  It is going to be at 11. I eagerly waited for 11. It did not happen.
  But, luckily, politically, they got in the back of the room and they 
were able to buy off some more, Madam Speaker, in a political nature 
and rush something to the floor.
  I wondered if they were going to keep that rule that they championed 
so hard about 72 hours. Well, I don't know, maybe 5 equals 72. I am not 
sure what math they keep nowadays.
  But let's talk about how they make this problem even worse, because I 
am not sure anybody has read the bill. I am not sure even if those on 
the other side know what is in it.
  Now, here is how it is worse. Departments of Homeland Security and 
Health and Human Services cannot share information about the sponsors 
of children.
  Think about that for one moment. They are making sure two departments 
cannot share information within their own government.
  Now, this is necessary to ensure that children are not placed with 
human traffickers or with predators. Maybe if they had a little time 
and maybe if they didn't care about politics, they would have allowed a 
little sharing of information for the children.
  Organizations like Immigration and Customs Enforcement and the 
Department of Justice are underfunded. Requests for pay and overtime 
costs for Border Patrol agents are denied. Think about that.
  In the last month, 144,000 people were apprehended coming across the 
border illegally. These are unbelievable numbers that we have not seen 
in decades.
  So what do the Democrats rush? Deny overtime and deny the ability for 
those who are serving us the ability to work.
  Immigration judges do not get the resources they needed for 
additional staff or courtroom space or equipment. America is a country 
that believes in the rule of law, but I guess on this floor it is not 
the case. The majority wants to deny it.
  Now, I wonder that maybe, Madam Speaker, on the other side they say: 
Well, it is just a rush to judgment; it is such a big bill, I didn't 
get to read it.
  But do you know what? Earlier today, everyone in this Chamber had the 
ability to vote for more funding for judges just to deal with this 
crisis, because I have heard, Madam Speaker, on the other side of the 
aisle, they actually now use the word ``crisis.''
  It only took 56 days, but, lo and behold, when they had that moment 
not to be confused, not to have a big bill but only that subject, every 
single Democrat on the other side of the aisle, except seven, said 
``no.'' So the majority made sure they put in this political bill as 
well.
  Deny overtime during a crisis, because you said it was a crisis, but 
make sure nobody can work. You have a crisis, but make sure, Madam 
Speaker, that we can't have the judges down there, because somehow, I 
guess, maybe you don't believe in the rule of law; and additional 
funding to investigate human traffickers who you know are smuggling 
these children across the border is not included.
  Maybe, Madam Speaker, that is why you want to rush this bill to the 
floor. Maybe that is why you don't want to give people an opportunity 
to read it.
  How will you answer that? How will you answer that additional funding 
to investigate human traffickers who are smuggling children you do not 
want to include, Madam Speaker?
  Did you read the editorials? Is it wrong to prevent the 
administration from improving the welfare of unaccompanied children, as 
this bill will do?
  Democrats are far more interested in appearing to help children than 
in actually helping them. The pace and volume at which children have 
crossed our border over the last year have completely overwhelmed our 
existing resources.
  Madam Speaker, you are making sure that nobody could work overtime 
during this. In the first half of 2019, more than 56,000 unaccompanied 
children were apprehended by Customs and Border Protection. That is a 
74 percent increase from last year and higher than the yearly totals 
for the last 5.
  Luckily, someone finally realized that is a crisis--but make sure 
there is no money to deal with it. Health and Human Services shelters 
are full and out of money. They cannot care for the children if 
Congress does not pass solutions.
  Now, HHS Secretary Alex Azar sent us a very clear message. Madam 
Speaker, this is what he said: ``I can't put a

[[Page H5155]]

kid in a bed that does not exist and I cannot make a bed that Congress 
doesn't fund.
  Madam Speaker, to think that you would knowingly pass something that 
causes this problem.
  Madam Speaker, Democrats are proud that their bill, unlike the 
Senate, does not help our overstretched law enforcement officers. That 
is shameful to take pride in making sure they do not get the help.
  Border Patrol agents now spend half of their time processing claims 
and caring for families in custody, including making trips to hospitals 
and clinics. They are going beyond the call of duty every day and 
deserve our support, whether you like them or not. If the children who 
come across our southern border are to be properly cared for, Madam 
Speaker, Democrats' distrust of our national law enforcement officers 
must stop.
  Madam Speaker, it has been 56 days, but all Democrats threw together 
is a sham bill more than 3 hours ago. It does not adequately fund what 
needed to be funded and would only make the crisis worse. Democrats are 
holding another vote late in the night on legislation that has no 
chance of becoming law.
  Madam Speaker, we are better than this.
  Madam Speaker, it is not very far if you walk out these doors; you 
look down that hall; you will see the other Chamber.
  Do you know what happened in the other Chamber? They worked a bill 
through committee. They worked a bipartisan bill through committee. 
They didn't run it to the floor in 3 hours. They didn't tell the Rules 
Committee to be ready and wait and wait and wait and then quickly 
after, they cut a deal, on one side. They took something that is 
critical, something that is serious, and they acted that way.
  History will write about what happens on this floor. Madam Speaker, 
you may get emotional; you may be proud of your actions; but the 
question will be: Will history be kind to you? The question will be: 
When you voted that day, when you were sworn in, did you really mean 72 
hours?
  Madam Speaker, when you stand on the floor and you speak of a crisis 
and you speak of caring for children, why would you not fund to make 
sure people are not trafficking them?
  Madam Speaker, when you spoke about there was a crisis on the border, 
why would you not fund the men and women who work for our government? 
Why would you try to deny them overtime?
  Madam Speaker, I know the Fourth of July is soon, and I know Members 
want to get out of here, but America is more than a country. America is 
an idea, an idea of self-governance, an idea that the rule of law 
matters.
  This is not one of our finest moments. This is not one that I am 
proud of. What is so shameful, Madam Speaker, is, just a few yards 
away, they are showing us an example.
  Are you rushing because you are afraid the Senate is going to send us 
something that is bipartisan? Are you rushing because you are afraid 
the Senate will actually make law?
  Madam Speaker, there are a lot of things we could play political 
games with, but I never thought children would be the one you wanted to 
use. We are better than this.
  There is a moment in time where you should stand up to your own 
leadership. There is a moment in time that you should stand up for this 
country. There is a moment in time, Madam Speaker, and this is it.
  Madam Speaker, you don't have to follow and be rushed. You can say: 
No, I watched what the Senate has done. I watched people with my own 
philosophical belief who belong to my own party work together with the 
other side and actually come with a bill that could become law. It is 
not perfect. It is not what I would agree with 100 percent. But do you 
know what? I understand our government is designed to find compromise.
  I don't know what compromise is in this. I don't know who ever worked 
with another side. I don't even know who rushed it to the Rules 
Committee just to do some manager's amendment because you bought off a 
few people.
  This is not our finest moment by far, but, Madam Speaker, there is a 
moment in time when individuals can stand up, and I am hoping that the 
moment is tonight, that we actually stand for what this country 
believes and what we will celebrate on the Fourth of July.
  The SPEAKER pro tempore. Members are reminded to address their 
remarks to the Chair.
  Mrs. LOWEY. Madam Speaker, I have great respect for the minority 
leader, but I ask Mr. Minority Leader: If not this bill, what bill can 
provide aid to these children?
  Where is this Senate bill, Madam Speaker? It is being held up by a 
Republican Senator from the same State as the majority leader.
  Mr. McCARTHY. Will the gentlewoman yield?
  Mrs. LOWEY. Just let me finish, and then I will be delighted to 
yield.
  So I want to ask again: This bill is being held up by a Republican 
Senator from the same State as the majority leader.
  So, Madam Speaker, a ``no'' vote on this bill by any Member will 
ensure that children remain in absolute squalor. Stop hiding behind the 
Senate bill that has not passed.
  I yield to the gentleman from California.
  Mr. McCARTHY. Madam Speaker, I thank the gentlewoman for yielding. I 
appreciate that.
  I have spoken to the leader on the Senate side, and they will bring 
it up tomorrow. They had passed this bill in committee 30-1.
  I ask the gentlewoman: What would be the problem--and I know we have 
only had 3 hours with this bill. Why would we not take up the Senate 
bill when it is bipartisan and the President would sign it?
  Mrs. LOWEY. Mr. Minority Leader, I have to reclaim my time.
  Madam Speaker, I yield 3 minutes to the distinguished gentleman from 
Texas (Mr. Cuellar), who is a member of the Appropriations Committee.
  Mr. CUELLAR. Madam Speaker, I thank the gentlewoman for her 
leadership and the rest of the appropriators and the staff who are 
working very hard to get this emergency bill on the floor.
  This bill is important. I live on the border. I don't just go visit 
the border. I have been to the CBP processing facilities. I have been 
to the nonprofit shelters for the immigrant children.
  I speak with the brave and compassionate men and women who are 
responsible for managing this humanitarian crisis. These men and women 
are my neighbors, and we have their back. They have expressed to me the 
urgency of getting this funding to enable them to protect the life and 
the safety of the migrants in their custody.
  But we must also keep in mind the communities that are also providing 
the food, the housing, and the assistance that they need, communities 
like Laredo, like McAllen, Texas, like San Antonio, and so many other 
communities across the southwest border. So we must pass this bill to 
provide that funding.
  But there are two particular provisions that I d want to mention, 
also. One is the humanitarian reimbursement for communities, and the 
other is the one-stop processing centers that I had requested and have 
been added on this particular bill itself.

  Let me talk about the humanitarian care.
  Madam Speaker, you have cities, you have counties, you have churches, 
and you have nonprofits that have really stepped up for many years. In 
fact, they started this work in 2014 when the first wave of children 
started coming up here. This bill includes $60 million for the direct 
reimbursement for local communities and nonprofits in Texas, New 
Mexico, Arizona, and California.
  This funding will now use a different model. One, we set up a new pot 
of money to make sure that we get that funding. The second thing is 
this model provides direct funding where the local communities can now 
ask for these requested moneys.
  We had a different model back in 2014, and, unfortunately, you had 
Governors, like my own State of Texas, that got over $100 million and 
only provided $400,000 in the last 4 years, 5 years.
  So this new funding will get the money directly to them. In fact, 
this funding will now be distributed through the Emergency Food and 
Shelter Program National Board, and they

[[Page H5156]]

are required to distribute that money within 30 days after this board 
gets this money.
  So we have to provide that assistance to them because, again, they 
have to be reimbursed for food, water, medicine, medical supplies, 
temporary housing, and transportation. So that assistance has to be 
provided to the local entities.
  The second provision is this one-stop center, $200 million to make 
sure that this multiagency, integrated, migration process gets this.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. LOWEY. Madam Speaker, I yield the gentleman from Texas an 
additional 30 seconds.
  Mr. CUELLAR. Madam Speaker, we have to provide this because, again, 
the Border Patrol agency cannot handle this, and, therefore, we need 
this particular processing center.
  Again, it is a good bill. Why should we wait for the Senate? We are 
the House of Representatives, and we have a right to pass our own bills 
and not wait for the Senate.
  For those reasons, I say let's support this bill.

                              {time}  2030

  Ms. GRANGER. Madam Speaker, I yield 5 minutes to the gentleman from 
Georgia (Mr. Collins).
  Mr. COLLINS of Georgia. Madam Speaker, yes, we have the right to pass 
a bill here in the House, as the gentleman just said. But we have the 
right to actually pass a good bill, not a political stunt.
  Why should we do this? I remember back in 2014--we are getting 
nostalgic in this place--when the crisis began. President Obama said 
there was a crisis. We all agreed.
  In fact, the majority stayed an extra week because we couldn't craft 
a bill. We finally crafted that bill, and it was a bipartisan bill that 
passed with both parties voting for it. The money was delivered because 
we knew that it mattered.
  It was amazing to me, just a few weeks ago on this floor, one of my 
colleagues came across, Madam Speaker, from Texas and said: We can't 
vote for the funding that the President has asked for. Give us some 
time to work it out and begin to work to make sure we get a good bill.
  Well, we had a 5-hour bill. Is that time to work it out, Madam 
Speaker? Was that putting it all together and getting it right? Or was 
it lining up every constituency group and saying, ``Did we get a little 
piece of this?'' so we could go back home and show that we are standing 
for something while, at the same time, Madam Speaker, ignoring our 
Border Patrol agents, ignoring those who put their lives on the line 
every day?
  Here is the problem. It is amazing that we ignore--though, I have to 
admit that I have to say one thing is good: I came to the floor tonight 
and heard there is a crisis on the border. Amazing. We have had 
progress. Let's all stand up and cheer. There is a crisis on the 
border.
  We have been saying it for months. The New York Times and other media 
said it. Finally, it sunk through, and now we are saying there is a 
crisis on the border.
  I guess 132,000 people were apprehended last month--84,000 family 
unit members, 11,000 unaccompanied children, and 37,000 single adults 
apprehended. Maybe it shows the time. The sheer volume increasing is 
amazing.
  There are ways we can fix this. We can give money. We can throw money 
at a problem and attach so many restrictions to it, Madam Speaker.
  The unfortunate part is that this ain't funny. These are kids. These 
are families who are being perversely brought here by immigration laws 
that are broken. I can't get anybody to talk about that.
  I can't get the fact that our Flores settlement is forcing us into 
situations like those the CBP and our Border Patrol agents are having 
to deal with because ICE doesn't have the beds.
  The majority leader pointed it out. We can't put people in beds that 
don't exist. We also can't keep encouraging them to come across the 
border, which is exactly what we are doing by having a Flores decision 
that they know to just get here.
  This bill will not let us look after the safety of those who are 
coming across because we can't share information.
  There is no safety. Do not vote for this bill thinking that we are 
putting safety in here because we are not, because over 3,000 simple 
members, Madam Speaker, 3,000 family units have been found to be 
fraudulent.
  There is common knowledge that they are borrowing, renting, and 
buying children. It is there. Yet, that is what we want to do.
  We won't fix Flores. We won't fix our Trafficking Victims Protection 
Act. We won't work on asylum and credible fear.
  After months of claiming there were no problems, we offer this as an 
excuse. We offer this bill. It is something that won't fix it. It won't 
become law because it is not working. We put every bit of what we want 
to do into not helping children but putting restrictions on those who 
want to help.
  CBP does not want to keep these children and these unaccompanied 
minors where they are. They don't want to keep asylum seekers from Cuba 
bottled up because they can't get their asylum here because they are 
having to process others. They don't want to do this. That is not their 
job.
  But this body and this job, we don't do ours because we simply keep 
overlooking the perverse incentive to come here. We are encouraging 
them. In fact, this body, 2 weeks ago, made another incentive with a 
Dreamer bill that has no hope of becoming law but sends a clear signal 
to Central America and anywhere else: Get here, and you will be fine. 
Get past the border, and you will be fine.
  It is frustrating to know that a bill that is humanitarian aid could 
not even come to the floor within the last 24 hours without having to 
be rewritten and rewritten and rewritten because we didn't have enough 
nonenforcement in there, and we didn't have enough of other things in 
there that really doesn't make this applicable.
  H.R. 3401 even imposes so many conditions on the Office of Refugee 
Resettlement to care for children that they can't even operate 
temporary influx shelters as more and more unaccompanied aliens come 
into the country.
  They put severe limits on facilities, such as being licensed by the 
State, although the shelters have to be in compliance with Federal 
safety standards. They are the only emergency situation we have right 
now. But we are ignoring that because we have to please somebody.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. GRANGER. Madam Speaker, I yield an additional 30 seconds to the 
gentleman from Georgia.
  Mr. COLLINS of Georgia. Madam Speaker, I will end with this. Some 
people will come down here tonight and vote, and they are going to feel 
good about themselves, Madam Speaker. But I will tell my colleagues 
this, and I have said it before from this well: What makes them feel 
good does not heal them.
  Don't pretend, Madam Speaker, or anyone else who wants to vote for 
this, that it has solved something, that it has accomplished something 
until my colleagues take the situation and ask: Why are they coming? 
How do we fix it? How do we give the men and women what they need to 
fix this?

  If my colleagues walk away feeling good about themselves, it may be 
time tonight, Madam Speaker, before we go to bed, to look at ourselves 
in the mirror and ask why.
  Mrs. LOWEY. Madam Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Ohio (Ms. Kaptur), the chairwoman of the Energy and 
Water Subcommittee.
  Ms. KAPTUR. Madam Speaker, I thank our able chairwoman, Nita Lowey 
from New York, for yielding me this time. I come to the floor to urge 
my colleagues to support this emergency supplemental request to address 
the humanitarian cry on our southern border.
  It aims to save lives and health. All people of conscience know it is 
urgently needed. These funds are vital to ensure the health and safety 
of these migrant refugees and migrant children.
  A record number of desperate families and unaccompanied children have 
crossed into the United States, and our Border Patrol, Immigration and 
Customs Enforcement, and Office of Refugee Resettlement are simply 
overwhelmed.
  Just this week, we learned that four toddlers being held in a Border 
Patrol

[[Page H5157]]

station in McAllen, Texas, had to be hospitalized because of dangerous 
neglect.
  The AP reported last week that children have been locked up in Border 
Patrol facilities for as many as 27 days without adequate food, water, 
and sanitation, for heaven's sake.
  This administration has failed to provide detained children with 
soap, toothbrushes, toothpaste, and beds, and it doesn't have the 
resources to adequately address flu and lice epidemics in these 
facilities.
  News reports say children are caring for other children. Five 
children have died in Customs and Border Protection custody since late 
last year.
  The situation is getting worse. Our Nation needs a comprehensive and 
continental diplomatic solution that acknowledges the economic and 
political conditions pushing Central American and Mexican communities 
to the brink. The only option, in desperation, for these people is to 
flee north.
  We need comprehensive immigration reform that respects all 
continental laborers and migrants. President John F. Kennedy had a name 
for it. He called it the Alliance for Progress.
  Today, this Congress must meet the immediate need to provide 
financial support to end the humanitarian neglect confronting these 
travel-weary migrants.
  This $4.5 billion emergency spending will provide adequate support 
for key priorities, including legal assistance, food, water, medical 
services, support services for unaccompanied children, alternatives to 
detention, and refugee services.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mrs. LOWEY. Madam Speaker, I yield an additional 30 seconds to the 
gentlewoman from Ohio.
  Ms. KAPTUR. Most importantly, this spending correctly includes 
restrictions to hold this administration accountable on how it spends 
taxpayer dollars in a capacity that protects the rights and dignity of 
desperate people who happen to be migrants.
  Madam Speaker, I thank Chairwoman Lowey for working so hard to bring 
this bill to the floor, and I urge all of my colleagues to support this 
lifesaving supplemental.
  Ms. GRANGER. Madam Speaker, I yield 4 minutes to the gentleman from 
Alabama (Mr. Rogers).
  Mr. ROGERS of Alabama. Madam Speaker, I rise in strong opposition to 
this bill.
  For months, Republicans on and off the Homeland Security Committee 
have been highlighting the grave humanitarian crisis at our southwest 
border and pleading with House Democrats to take action.
  The Democrats' initial response was to deny a crisis even existed. 
When that failed, they began to try to blame the President.
  The truth is that they have spent the past several months fighting 
amongst themselves on a way forward. Even as late as today, the Speaker 
had to intervene to stop the radical left in her Caucus from sinking 
the bill.
  Meanwhile, the crisis has worsened. Madam Speaker, in May alone, 
144,000 immigrants were detained, a 622 percent increase over the same 
month in 2017.
  Innocent children are being exploited by human smugglers.
  Border Patrol stations are overcrowded with thousands of migrants 
staying in poor conditions. These are in stations, Border Patrol 
processing centers, that have a maximum capacity of 4,000 people. We 
have 20,000 people in these facilities.
  For 8 weeks, the House Republicans have been trying to move my 
legislation to provide $4.5 billion in emergency aid requested by our 
President, but Democrats have blocked my bill from consideration on 18 
separate occasions.
  Instead, they bring forward a bill today that isn't serious and has 
no chance of becoming law. To appease the radical left, this bill is 
stuffed with poison pills.
  For example, it includes nothing to stop innocent children from being 
exploited by human smugglers and nothing to continue DOD assistance, 
which has been essential for managing the crisis. It includes drastic 
restrictions on the Secretary's authority to surge personnel and assets 
to the border and update policies to improve conditions for migrant 
children.
  These poison pills will only exacerbate the crisis. They will ensure 
that dangerous catch-and-release policies continue unabated. Meanwhile, 
migrant families will continue to suffer at the hands of ruthless 
smugglers.
  Democrats had a real opportunity to work in a bipartisan manner to 
address this humanitarian crisis. Unfortunately, once again, they chose 
to appease the radical left and reject bipartisan consensus.
  Madam Speaker, I urge all Members to vote against this bill. Then, 
let's work together to craft a bipartisan border supplemental that can 
become law.

  Mrs. LOWEY. Madam Speaker, I yield 1 minute to the distinguished 
gentleman from New York (Mr. Jeffries), the chairman of the Democratic 
Caucus.
  Mr. JEFFRIES. Madam Speaker, there is a humanitarian crisis at the 
southern border that should shock the conscience of every single 
American.
  These are migrant children being subjected to cruel and unusual 
punishment by our government. This is not Iran. This is not North 
Korea. This is not Venezuela. This is the United States of America.
  Shame on us.
  There are children who are without food. They are without medicine. 
They are without water. They are without soap. They are without 
diapers. They are without toothpaste.
  Shame on us.
  These are not alien children. They are God's children. This 
administration should stop using them as political pawns for some sick, 
xenophobic game.
  Madam Speaker, vote ``yes,'' and let's begin the process of ending 
this humanitarian crisis now.
  Ms. GRANGER. Madam Speaker, I yield 1 minute to the gentleman from 
Georgia (Mr. Hice).
  Mr. HICE of Georgia. Madam Speaker, we have been hearing for quite 
some time Democrats saying that the President and Republicans have not 
been coming to the table on this issue. What nonsense.
  For months, we have watched Democrats absolutely deny that there is a 
crisis. Actually, I have, on my desk, a list of page after page after 
page of quotes from my colleagues who are denying a crisis at the 
border.
  Not only have Republicans for nearly 40 years been ringing the alarm 
on this issue, but we have been highlighting caravan after caravan 
after caravan coming to our southern border.
  In May, we had 144,000 apprehended, nearly 700,000 to date, and that 
number is expected to go well over a million.
  Do we have a humanitarian crisis at the border? Yes. Do we have a 
border security crisis? Yes.
  But this bill does not even adequately fund ICE. It does not pay 
overtime for border personnel.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. GRANGER. Madam Speaker, I yield an additional 15 seconds to the 
gentleman from Georgia.
  Mr. HICE of Georgia. Madam Speaker, it does not have any means to 
investigate human traffickers. It lacks funding for the Department of 
Justice immigration courts. It ties the hands of the President to take 
action on securing our borders.
  Madam Speaker, it is time for Democrats to come to the table. Let's 
address this issue the way it ought to be addressed.

                              {time}  2045

  Ms. GRANGER. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Roy).
  Mr. ROY. Madam Speaker, I thank the gentlewoman from Texas for her 
leadership on this issue and dealing with this important legislation.
  Madam Speaker, I am always perplexed when listening to the arguments 
on this topic that we are not talking about the actual problem. So when 
we are talking about the facilities that need to have more supplies and 
more dollars for support, I agree. I don't think anybody in this room 
disagrees at all. But nothing we are going to do today is going to 
actually solve the problem.
  I have got an exchange here with a group of Border Patrol agents who 
texted me to say, about this legislation: This does nothing but 
perpetuate the catch-and-release magnet.

[[Page H5158]]

  While there are some good pieces to the bill, why are we not 
increasing ICE beds? Why are we providing taxpayer funding to educate 
border crossers on the asylum process?
  Why do we keep providing money to let people go that violate our 
immigration laws? This just provides more incentives for people to 
cross the border illegally.
  If this were to pass, why would anyone stop crossing?
  They said, this is what I refer to as completing the human smuggling 
cycle. Cartels drop off people at our borders, UACs, family units. 
Border Patrol takes them, then delivers them, engages with the NGOs. 
The NGOs aid these folks who are here, so they can reach their family 
members that are in the United States waiting for them. So the family 
members in the U.S. are the ones paying the cartels their smuggling 
fees.
  And the NGOs are then reimbursed, and the whole process, it is 
completing the entire cycle.
  This legislation will perpetuate the problem because we are not 
actually going to address the situation with ICE beds. We are not going 
to do anything to stop the flow, and we are going to empower the 
cartels who have operational control of our border, full operational 
control of our border.
  If you talk to anybody on the border who knows what is actually going 
on--we should reject this legislation in favor of legislation that will 
actually solve the problem.
  Mrs. LOWEY. Madam Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Espaillat).
  Mr. ESPAILLAT. Madam Speaker, like many Americans, like many of my 
colleagues, I am deeply troubled by the way the Trump administration 
has handled the treatment of migrants, particularly children, at the 
border.
  But I stand here to say tonight, Madam Speaker, that if, by passing 
this emergency supplemental bill, we will save one child's life, just 
one child's life, then it is worth it, and we should vote for it.
  We speak about the moneys as being allocated in the budget. But the 
only number that is really important in this debate is the six children 
that have died at the border. And we will continue to hold this 
administration accountable for its treatment of migrants, particularly 
young children.
  Madam Speaker, every time we deny help to the triangle countries, 
this crisis is aggravated. Every time we stop a mom and her children at 
the border and they have to go through the river and drown, this crisis 
is worsened. Every time we deny children the basic human services that 
they need, this crisis becomes tragic.
  Ms. GRANGER. Madam Speaker, I yield myself the balance of my time.
  We must reject this bill today and develop a bipartisan solution to 
address the crisis at our border. Workers, and children, and 
caretakers, and Border Patrol have been waiting almost 2 months for the 
resources they need to do their jobs and receive our care.
  This bill turns our backs on these people and ties the President's 
hands. I implore Members to stop this and vote ``no'' on this measure.
  Madam Speaker, I yield back the balance of my time.
  Mrs. LOWEY. Madam Speaker, I yield myself the balance of my time.
  The humanitarian crisis at the border demands action. This bill funds 
a compassionate response, while doing our utmost to protect the rights 
and dignity of migrants. I urge my colleagues, join me. Let's pass this 
bill.
  Madam Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Madam Speaker, as a senior member of the Committees 
on the Judiciary and Homeland Security, I rise in strong support of 
H.R. 3401, the ``Emergency Supplemental Appropriations for Humanitarian 
Assistance and Security at the Southern Border Act of 2019.''
  I support this legislation because it provides the humanitarian 
assistance needed to address the inhumane conditions and treatment of 
immigrants, especially immigrant children, that this Administration has 
created and allowed to persist.
  The scenes emanating from the Southern border are heartbreaking, and 
they have been for a very long time.
  I remember when I was at the border, visiting with children separated 
from their families.
  I remember young baby Roger, a very young child, who was separated 
from his family.
  We are learning of children living in squalid conditions.
  A chaotic scene of sickness and filth is unfolding in an overcrowded 
border station in Clint, Texas, my homestate, where hundreds of young 
people who have recently crossed the border are being held, according 
to lawyers who visited the facility this week.
  Some of the children have been there for nearly a month.
  Children as young as 7 and 8, many of them wearing clothes caked with 
human excrement and tears, are caring for infants they've just met.
  Toddlers without diapers are relieving themselves in their pants.
  Teenage mothers are wearing clothes stained with breast milk.
  Most of the young detainees have not been able to shower or wash ( 
their clothes since they arrived at the facility, those who visited 
said.
  And it is inexplicable, indefensible, and inhumane that they are not 
even being provided toothbrushes, toothpaste or soap.
  Just reflect on that for a moment; innocent children and toddlers are 
being denied soap and toothpaste at the very same time that similar 
treatment to a prisoner of war would violate Article 26 of the 1949 
Geneva Convention:

       The Detaining Power shall be bound to take all sanitary 
     measures necessary to ensure the cleanliness and 
     healthfulness of camps and to prevent epidemics . . . . Also, 
     apart from the baths and showers with which the camps shall 
     be furnished, prisoners of war shall be provided with 
     sufficient water and soap for their personal toilet and for 
     washing their personal laundry; the necessary installations, 
     facilities and time shall be granted them for that purpose.

  The arrival of thousands of migrants at a time, overflowing the 
border patrol facilities of the Customs and Border Patrol, Immigration 
and Customs Enforcement and Health and Human Services, has created a 
humanitarian crisis that has resulted in unsafe, unsanitary conditions 
and tragic deaths.
  It is imperative that this House take decisive action to provide the 
necessary resources and capabilities to mitigate the humanitarian 
crisis created by this Administration and provide for the basic human 
rights of everyone involved.
  If Congress and the Administration fail to come to an agreement, the 
situation at the border will only deteriorate.
  Cutting funding to these agencies now will not punish the agencies or 
the Administration: it will punish the migrants.
  Congress has an urgent moral responsibility to protect children and 
families, and defend the health, dignity and lives of those in need.
  Conditions at Customs and Border Protection facilities along the 
border have been an issue of increasing concern as officials warn that 
the recent large influx of migrant families has driven many of the 
facilities well past their capacities.
  In May, the inspector general for the Department of Homeland Security 
warned of ``dangerous overcrowding'' among adult migrants housed at the 
border processing center in El Paso, with up to 900 migrants being held 
at a facility designed for 125.
  In some cases, cells designed for 35 people were holding 155 people.
  This shameful episode in American history is capped by the 
resignation announced today of John Sanders, the Acting Commissioner of 
the U.S. Customs and Border Protection whose tenure at CBP included 
children being kept at border stations with deplorable conditions, 
including a facility that one of the independent inspectors, a medical 
doctor, compared to ``torture facilities.''
  This is why it is I strongly support this supplemental funding bill, 
which provides:
  1. $934.5 million for processing facilities, food, water, sanitary 
items, blankets, medical services, and safe transportation;
  2. $866 million to reduce reliance on influx shelters to house 
children;
  3. $200 million for an integrated, multi-agency processing center 
pilot program for families and unaccompanied children, with 
participation by non-profit organizations;
  4. $100 million for legal services for unaccompanied children, child 
advocates, and post-release services;
  5. $60 million to assist jurisdictions experiencing a significant 
influx of migrants and non-profit organizations serving those 
communities;
  6. $20 million for Alternatives to Detention;
  7. $15 million for the Legal Orientation Program to educate migrants 
about their rights and legal proceedings; and
  8. $9 million to speed up placement of children with sponsors and 
manage their cases.
  In total, Madam Speaker, this legislation provides $4.5 billion in 
emergency spending to address the humanitarian crisis at the border--
securing robust funding for priorities including legal assistance, 
food, water, sanitary

[[Page H5159]]

items, blankets and medical services, support services for 
unaccompanied children, and refugee services, which will relieve the 
horrific situation of over-crowding and help prevent additional deaths.
  Equally important, this supplemental protects families and does not 
fund the Administration's failed mass detention policy.
  Instead, the bill smartly provides funding for effective, humane 
alternatives to detention which has a proven track record of success; 
places strict limits on influx shelters; protects sponsors from DHS 
immigration enforcement based on information collected by HHS during 
the vetting process; and creates strong oversight by Congress.
  Madam Speaker, the bill before addresses the roots causes of the 
crisis by reversing the Administration's senseless decision to block 
economic assistance that Congress has already appropriated for the 
Northern Triangle countries.
  It is significant that this legislation clarifies the intent of prior 
year appropriations for Guatemala, Honduras, and El Salvador which 
specifically required these governments to take steps to curb 
migration, improve border security, including preventing human 
smuggling and trafficking, and trafficking of illicit drugs and other 
contraband; combat corruption; and support programs to reduce poverty 
and promote equitable growth, particularly in areas contributing to 
large number of migrants, among many other conditions.
  The bill provides, however, that not less than 75 percent of any 
funds that cannot be provided to the central governments of such 
countries due to their failure to meet the certification requirements 
shall be reprogrammed through nongovernmental organizations or local 
entities in such countries and that the balance of such reprogramming 
must be to countries within Latin America and the Caribbean.
  Madam Speaker, I am particularly pleased that the Manager's Amendment 
to this humanitarian emergency supplemental appropriations bill 
includes a provision that I worked very hard to have included and which 
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
  It is simply unconscionable to subject refugee child from Honduras or 
El Salvador or Guatemala to legal proceedings conducted in a language 
foreign to him or her without the assistance of a translator conversant 
in that child's native tongue. Also to be able to translate for new 
desperate migrants from Africa and other nations.
  Another reason to support this legislation is that it contains 
important oversight provisions to hold the administration accountable 
and to protect the rights and dignity of migrants, including:
  No funding for a border wall or barriers, or for ICE detention beds;
  Prohibits the use of funds for any purpose not specifically 
described;
  Places strict conditions on influx shelters to house children by 
mandating compliance with requirements set forth in the Flores 
settlement;
  Protects sponsors and potential sponsors from DHS immigration 
enforcement based on information collected by HHS during the sponsor 
vetting process;
  Ensures congressional oversight visits to facilities caring for 
unaccompanied children without a requirement for prior notice;
  Requires monthly reporting on unaccompanied children separated from 
their families;
  Requires additional reporting about the deaths of children in 
government custody; and
  Ensures CBP facilities funded in the bill comply with the National 
Standards on Transport, Escort, Detention, and Search.
  Madam Speaker, since December 2018, six minor children have died in 
custody after being apprehended by U.S. border agents since December.
  We cannot wait any longer to resolve the humanitarian crisis on the 
southern border exacerbated by this Administration.
  That is why I support H.R. 3401, and urge all members to join me in 
voting to pass this critically needed legislation.
  The SPEAKER pro tempore. Pursuant to House Resolution 462, the 
previous question is ordered on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of Rule XIX, further 
consideration of H.R. 3401 is postponed.

                          ____________________