[Congressional Record Volume 165, Number 109 (Thursday, June 27, 2019)]
[House]
[Pages H5246-H5250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HUMANITARIAN ASSISTANCE AND
SECURITY AT THE SOUTHERN BORDER ACT, 2019
Mrs. LOWEY. Mr. Speaker, pursuant to House Resolution 466, I call up
the bill (H.R. 3401) making emergency supplemental appropriations for
the fiscal year ending September 30, 2019, and for other purposes, with
the Senate amendment thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
Senate amendment:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2019, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
General Administration
executive office for immigration review
For an additional amount for ``Executive Office for
Immigration Review'', $65,000,000, of which $45,000,000 shall
be for the hiring of 30 additional Immigration Judge Teams,
of which $10,000,000 shall be used for the purchase or lease
of immigration judge courtroom space and equipment, and of
which $10,000,000 shall be used only for services and
activities provided by the Legal Orientation Program:
Provided, That Immigration Judge Teams shall include
appropriate attorneys, law clerks, paralegals, court
administrators, and other support staff: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
United States Marshals Service
federal prisoner detention
For an additional amount for ``Federal Prisoner
Detention'', for necessary expenses related to United States
prisoners in the custody of the United States Marshals
Service, to be used only as authorized by section 4013 of
title 18, United States Code, $155,000,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF DEFENSE
Operation and Maintenance
operation and maintenance, army
For an additional amount for ``Operation and Maintenance,
Army'', $92,800,000, for necessary expenses to respond to the
significant rise in unaccompanied minors and family unit
aliens at the southwest border and related activities:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
operation and maintenance, marine corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $13,025,000, for necessary expenses to
respond to the significant rise in unaccompanied minors and
family unit aliens at the southwest border and related
activities: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance,
Air Force'', $18,000,000, for necessary expenses to respond
to the significant rise in unaccompanied minors and family
unit aliens at the southwest border and related activities:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
operation and maintenance, army national guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $21,024,000, for necessary expenses to
respond to the significant rise in unaccompanied minors and
family unit aliens at the southwest border and related
activities: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE III
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the significant rise in
aliens at the southwest border and related activities,
$1,015,431,000; of which $819,950,000 shall be available
until September 30, 2020: Provided, That of the amounts
provided under this heading, $708,000,000 is for establishing
and operating migrant care and processing facilities,
$111,950,000 is for consumables and medical care, $35,000,000
is for transportation, $110,481,000 is for temporary duty and
overtime costs including reimbursements, and $50,000,000 is
for mission support data systems and analysis: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for migrant care and processing
facilities, $85,000,000, to remain available until September
30, 2023: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses to respond to the significant rise in
aliens at the southwest border and related activities,
$208,945,000: Provided, That of the amounts provided under
this heading, $35,943,000 is for transportation of
unaccompanied alien children, $11,981,000 is for detainee
transportation for medical needs, court proceedings, or
relocation from U.S. Customs and Border Protection custody,
$20,000,000 is for alternatives to detention, $45,000,000 is
for detainee medical care, $69,735,000 is for temporary duty,
overtime, and other on-board personnel costs including
reimbursements, $5,000,000 is for the Office of Professional
Responsibility for background investigations and facility
inspections, and $21,286,000 is for Homeland Security
Investigations human trafficking investigations: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Federal Emergency Management Agency
federal assistance
For an additional amount for ``Federal Assistance'',
$30,000,000, to remain available until September 30, 2020,
for the emergency food and shelter program under title III of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331
et seq.) for the purposes of providing assistance to aliens
released from the custody of the Department of Homeland
Security: Provided, That notwithstanding sections 315 and
316(b) of such Act, funds made available under this section
shall be disbursed by the Emergency Food and Shelter Program
National Board not later than 30 days after the date on which
such funds become available: Provided further, That the
Emergency Food and Shelter Program National Board shall
distribute such funds only to jurisdictions or local
recipient organizations serving communities that have
experienced a significant influx of such aliens: Provided
further, That such funds may be used to reimburse such
jurisdictions or local recipient organizations for costs
incurred in providing services to such aliens on or after
January 1, 2019: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 301. Notwithstanding any other provision of law,
funds made available under each heading in this title shall
only be used for the purposes specifically described under
that heading.
Sec. 302. Division A of the Consolidated Appropriations
Act, 2019 (Public Law 116-6) is amended by adding after
section 540 the following:
``Sec. 541. (a) Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) shall be applied--
``(1) In subsection (a), by substituting `September 30,
2019,' for `September 30, 2017,'; and
``(2) In subsection (c)(1), by substituting `September 30,
2019,' for `September 30, 2017'.
``(b) The Secretary of Homeland Security, under the
authority of section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391(a)), may carry out prototype projects under
section 2371b of title 10, United States Code, and the
Secretary shall perform the functions of the Secretary of
Defense as prescribed.
``(c) The Secretary of Homeland Security under section 831
of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may
use the definition of nontraditional government contractor as
defined in section 2371b(e) of title 10, United States
Code.''.
Sec. 303. None of the funds provided in this Act under
``U.S. Customs and Border Protection--Operations and
Support'' for facilities shall be available until U.S.
Customs and Border Protection establishes policies (via
directive, procedures, guidance, and/or memorandum) and
training programs to ensure that such facilities adhere to
the National Standards on Transport, Escort, Detention, and
Search, published in October of 2015: Provided, That not
later than 90 days after the date of enactment of this Act,
U.S. Customs and Border Protection shall provide a detailed
report to the Committees on Appropriations of the Senate and
the House of
[[Page H5247]]
Representatives, the Committee on the Judiciary of the
Senate, and the House Judiciary Committee regarding the
establishment and implementation of such policies and
training programs.
Sec. 304. No later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall provide a report on the number of U.S. Customs and
Border Protection Officers assigned to northern border land
ports of entry and temporarily assigned to the ongoing
humanitarian crisis: Provided, That the report shall outline
what resources and conditions would allow a return to
northern border staffing levels that are no less than the
number committed in the June 12, 2018 Department of Homeland
Security Northern Border Strategy: Provided further, That
the report shall include the number of officers temporarily
assigned to the southwest border in response to the ongoing
humanitarian crisis, the number of days the officers will be
away from their northern border assignment, the northern
border ports from which officers are being assigned to the
southwest border, and efforts being made to limit the impact
on operations at each northern border land port of entry
where officers have been temporarily assigned to the
southwest border.
Sec. 305. None of the funds appropriated or otherwise made
available by this Act or division A of the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for the
Department of Homeland Security may be used to relocate to
the National Targeting Center the vetting of Trusted Traveler
Program applications and operations currently carried out at
existing locations unless specifically authorized by a
statute enacted after the date of enactment of this Act.
Sec. 306. The personnel, supplies, or equipment of any
component of the Department of Homeland Security may be
deployed to support activities of the Department of Homeland
Security related to the significant rise in aliens at the
southwest border and related activities, and for the
enforcement of immigration and customs laws, detention and
removals of aliens crossing the border unlawfully, and
investigations without reimbursement as jointly agreed by the
detailing components.
TITLE IV
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant
Assistance'', $2,881,552,000, to be merged with and available
for the same period as funds appropriated in Public Law 115-
245 ``for carrying out such sections 414, 501, 462, and
235'', which shall be available for any purpose funded under
such heading in such law: Provided, That if any part of the
reprogramming described in the notification submitted by the
Secretary of Health and Human Services (the ``Secretary'') to
the Committees on Appropriations of the House of
Representatives and the Senate on May 16, 2019 has been
executed, such amounts provided by this Act as are necessary
shall be used to reverse such reprogramming: Provided
further, That amounts allocated by the Secretary for costs of
leases of property that include facilities to be used as
hard-sided dormitories for which the Secretary intends to
seek State licensure for the care of unaccompanied alien
children, and that are executed under authorities transferred
to the Director of the Office of Refugee Resettlement (ORR)
under section 462 of the Homeland Security Act of 2002, shall
remain available until expended: Provided further, That ORR
shall notify the Committees on Appropriations of the House of
Representatives and the Senate within 72 hours of conducting
a formal assessment of a facility for possible lease or
acquisition and within 7 days of any acquisition or lease of
real property: Provided further, That not less than
$866,000,000 of amounts provided under this heading shall be
used for the provision of care in licensed shelters and for
expanding the supply of shelters for which State licensure
will be sought, of which not less than $27,000,000 shall be
available for the purposes of adding shelter beds in State-
licensed facilities in response to funding opportunity HHS-
2017-ACF-ORR-ZU-1132, and of which not less than $185,000,000
shall be available for expansion grants to add beds in State-
licensed facilities and open new State-licensed facilities,
and for contract costs to acquire, activate, and operate
facilities that will include small- and medium-scale hard-
sided facilities for which the Secretary intends to seek
State licensure in an effort to phase out the need for
shelter beds in unlicensed facilities: Provided further,
That not less than $100,000,000 of amounts provided under
this heading shall be used for post-release services, child
advocates, and legal services: Provided further, That not
less than $8,000,000 of amounts provided under this heading
shall be used for the purposes of hiring additional Federal
Field Specialists and for increasing case management and case
coordination services, with the goal of more expeditiously
placing unaccompanied alien children with sponsors and
reducing the length of stay in ORR custody: Provided
further, That not less than $1,000,000 of amounts provided
under this heading shall be used for the purposes of hiring
project officers and program monitor staff dedicated to
pursuing strategic improvements to the Unaccompanied Alien
Children program and for the development of a discharge rate
improvement plan which shall be submitted to the Committees
on Appropriations of the House of Representatives and the
Senate within 120 days of enactment of this Act: Provided
further, That of the amounts provided under this heading,
$5,000,000 shall be transferred to ``Office of the
Secretary--Office of Inspector General'' and shall remain
available until expended for oversight of activities
supported with funds appropriated under this heading:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 401. The Secretary of Health and Human Services (the
``Secretary'') shall prioritize use of community-based
residential care (including long-term and transitional foster
care and small group homes) and shelter care other than
large-scale institutional shelter facilities to house
unaccompanied alien children in its custody. The Secretary
shall prioritize State-licensed and hard-sided dormitories.
Sec. 402. The Office of Refugee Resettlement shall ensure
that its grantees and, to the greatest extent practicable,
potential sponsors of unaccompanied alien children are aware
of current law regarding the use of information collected as
part of the sponsor suitability determination process.
Sec. 403. (a) None of the funds provided by this or any
prior appropriations Act may be used to reverse changes in
procedures made by operational directives issued to providers
by the Office of Refugee Resettlement on December 18, 2018,
March 23, 2019, and June 10, 2019 regarding the Memorandum of
Agreement on Information Sharing executed April 13, 2018.
(b) Notwithstanding subsection (a), the Secretary may make
changes to such operational directives upon making a
determination that such changes are necessary to prevent
unaccompanied alien children from being placed in danger, and
the Secretary shall provide a written justification to
Congress and the Inspector General of the Department of
Health and Human Services in advance of implementing such
changes.
(c) Within 15 days of the Secretary's communication of the
justification, the Inspector General of the Department of
Health and Human Services shall provide an assessment, in
writing, to the Secretary and to Committees on Appropriations
of the House of Representatives and the Senate of whether
such changes to operational directives are necessary to
prevent unaccompanied children from being placed in danger.
Sec. 404. None of the funds made available in this Act
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1)
if the Secretary certifies and provides a report to Congress
on the contractor's or grantee's good-faith efforts and
progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to
a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed
facilities.
Sec. 405. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in
the custody of the Department of Homeland Security for longer
than 72 hours or that unaccompanied alien children will be
otherwise placed in danger. Within 60 days of bringing such a
facility online, and monthly thereafter, the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a report detailing the total
number of children in care at the facility, the average
length of stay and average length of care of
[[Page H5248]]
children at the facility, and, for any child that has been at
the facility for more than 60 days, their length of stay and
reason for delay in release.
Sec. 406. (a) The Secretary shall ensure that, when
feasible, no unaccompanied alien child is at an unlicensed
facility if the child--
(1) is not expected to be placed with a sponsor within 30
days;
(2) is under the age of 13;
(3) does not speak English or Spanish as his or her
preferred language;
(4) has known special needs, behavioral health issues, or
medical issues that would be better served at an alternative
facility;
(5) is a pregnant or parenting teen; or
(6) would have a diminution of legal services as a result
of the transfer to such an unlicensed facility.
(b) ORR shall notify a child's attorney of record in
advance of any transfer, where applicable.
Sec. 407. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the
operations (including child welfare and child safety
operations) of such facility.
Sec. 408. Not later than 14 days after the date of
enactment of this Act, and monthly thereafter, the Secretary
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, and make publicly
available online, a report with respect to children who were
separated from their parents or legal guardians by the
Department of Homeland Security (DHS) (regardless of whether
or not such separation was pursuant to an option selected by
the children, parents, or guardians), subsequently classified
as unaccompanied alien children, and transferred to the care
and custody of ORR during the previous month. Each report
shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported
by sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 409. Funds made available in this Act under the
heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' shall be subject to the authorities and
conditions of section 224 of division A of the Consolidated
Appropriations Act, 2019 (Public Law 116-6).
Sec. 410. Not later than 30 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spend plan of anticipated uses of
funds made available in this account, including the
following: a list of existing grants and contracts for both
permanent and influx facilities, including their costs,
capacity, and timelines; costs for expanding capacity through
the use of community-based residential care placements
(including long-term and transitional foster care and small
group homes) through new or modified grants and contracts;
current and planned efforts to expand small-scale shelters
and available foster care placements, including collaboration
with state child welfare providers; influx facilities being
assessed for possible use, costs and services to be provided
for legal services, child advocates, and post release
services; program administration; and the average number of
weekly referrals and discharge rate assumed in the spend
plan: Provided, That such plan shall be updated to reflect
changes and expenditures and submitted to the Committees on
Appropriations of the House of Representatives and the Senate
every 60 days until all funds are expended or expired.
TITLE V
GENERAL PROVISIONS--THIS ACT
Sec. 501. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2019.
Sec. 504. Each amount designated in this Act by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded
or transferred, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 505. Any amount appropriated by this Act, designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and subsequently so designated by
the President, and transferred pursuant to transfer
authorities provided by this Act shall retain such
designation.
Sec. 506. Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
on the number of asylum officers and immigration judges,
including temporary immigration judges, and the corresponding
number of support staff necessary--
(1) to fairly and effectively make credible fear
determinations with respect to individuals within family
units and unaccompanied alien children;
(2) to ensure that the credible fear determination and
asylum interview is completed not later than 20 days after
the date on which a family unit is apprehended; and
(3) to fairly and effectively review appeals of credible
fear determinations with respect to individuals within family
units and unaccompanied alien children.
In addition, the report shall determine if there is any
physical infrastructure such as hearing or courtroom space
needed to achieve these goals.
This Act may be cited as the ``Emergency Supplemental
Appropriations for Humanitarian Assistance and Security at
the Southern Border Act, 2019''.
Motion to Concur
Mrs. LOWEY. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mrs. Lowey moves that the House concur in the Senate
amendment to H.R. 3401.
=========================== NOTE ===========================
June 27, 2019, on page H5248, the following appeared: Mrs. Lowey
of New York moves that the House concur in the Senate amendment to
H.R. 3401.
The online version has been corrected to read: Mrs. Lowey moves
that the House concur in the Senate amendment to H.R. 3401.
========================= END NOTE =========================
The SPEAKER pro tempore. Pursuant to House Resolution 466, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Appropriations.
The gentlewoman from New York (Mrs. Lowey) and the gentlewoman from
Texas (Ms. Granger) each will control 30 minutes.
The Chair recognizes the gentlewoman from New York.
{time} 1645
General Leave
Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks on the
motion currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the Speaker of the House.
Ms. PELOSI. Mr. Speaker, I thank the distinguished chairwoman for
yielding and admire her for her distinguished and hard work to bring a
solution to the floor. This is not the one that we had hoped for, but
it is one that we will be voting on today.
Mr. Speaker, I thank Nita Lowey, Congresswoman Lucille Roybal-Allard,
Congresswoman Rosa DeLauro, and all of the appropriators for their
relentless good faith work on a strong bill that we had hoped would
completely protect vulnerable children, keep America safe, and honor
our values.
Today, sadly, and almost with a broken heart, those values are being
undermined by failed policies which have intensified a situation of
heartbreak and horror on the border, all of which challenges the
conscience of America.
I will be brief in just saying, right now, children need their
families. Right now, little children are enduring trauma and terror;
many are living in squalor at the border station, patrol station; some
are sleeping on the cold ground without warm blankets or hot meals.
Kids as young as 7 and 8 years old are watching over infants because
no one else is there to care for them. As one little girl caring for
two infants said: I need comfort, too. I am bigger than they are, but I
am a child, too.
Mr. Speaker, we could have done so much better--so much better--than
what we are faced with today. It is my belief, my colleagues, that our
country is at a moment of truth in acting upon our values as we develop
policies.
I am proud of the work that our appropriators in the House have done
in passing a bill that received overwhelming Democratic support on
Tuesday. It was even bipartisan.
The current situation on the border is shameful and does not reflect
America's values. We don't need anyone--especially the United States
Senate--to tell us what the needs are on the border and that we have to
act expeditiously.
Our Members are very well versed and excellent representatives of the
regions they represent and that are affected, but we want to find a
path to
[[Page H5249]]
improve the conditions under which we are addressing and ministering to
the needs of children and families there.
We are gravely disappointed in the actions taken by the Senate in
opposing the regular order of the Congress of the United States. We
will continue to fight for our values and priorities in our legislation
and beyond.
Our strongest ally in getting a better policy than that which was
passed by the Republican Senate is public opinion. And people and
institutions of good faith in our country, our faith-based institutions
who minister to the needs of our immigrants, know that this is not the
best way to go. So as we go forward, we will continue to fight for our
values with public opinion and faith-based organizations on our side.
The American people are constantly asking the question: Why aren't we
doing a better job to respect the dignity and worth of our children?
The dignity and worth of our children. The dignity and worth of our
children.
That might amuse you, but it is not amusing to the children who are
affected.
The children come first. At the end of the day, we have to make sure
that the resources needed to protect the children are available.
Therefore, we will not engage in the same disrespectful behavior that
the Senate did in ignoring the House priorities.
In order to get resources to the children fastest, we will
reluctantly put the Senate bill on the floor. As the Senate bill
passes--when it does, if it does--it will not be the end of this
debate. It will be the battle cry. It will be the battle cry as to how
we go forward to protect children in a way that truly honors their
dignity and worth, their spark of divinity that they are all children
of God.
Mr. Speaker, I thank the gentlewoman from Texas (Ms. Escobar), our
colleague, for the beautiful moment of silence that she held earlier.
Mr. Speaker, I thank my colleagues for their leadership to protect
values, honor our values, keep America safe. As always, with every
vote, it is a vote of conscience.
The situation at the border is a challenge to the conscience of
America. It should be a challenge to the conscience of each and every
one of us. As always, you must vote your conscience.
Mrs. LOWEY. Mr. Speaker, the humanitarian situation at our southern
border is disgraceful. The Trump administration has exacerbated a
crisis that has led to intolerable conditions for children and families
in the government's care.
We have been advised that agencies that provide critical services for
children, including the Office of Refugee Resettlement and Customs and
Border Protection, will imminently run out of funds.
Earlier this week, the House passed a comprehensive bill to fund
these agencies and provide important reforms to ensure that children in
our government's care are safe, healthy, and comfortable.
Sadly, the White House, which has done so much to create this crisis,
refused to work with us to protect the children; and the Senate
majority leader, who I am told is selling T-shirts that describe him as
the Grim Reaper, refuses to respect the House as a coequal body of
Congress and negotiate the differences in our legislation.
Left in the lurch by this cruelty and callousness are the babies and
children in government care. The House refuses to be a party to this
cruelty. That is why we are reluctantly bringing the Senate legislation
to the floor today.
We could have done better for our children and our families, but,
unfortunately, the White House and the Senate would not allow that. So
we will fight another day, and we will never stop fighting to protect
the children who are our future.
Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
I rise in very strong support of H.R. 3401, as amended by the Senate.
Hundreds of thousands of people have arrived at our border this year.
More than 100,000 have crossed each of the last 3 months, with 144,000
in May alone. Some of these people are coming through points of entry,
but the overwhelming majority are walking through the desert or
swimming the Rio Grande.
Men and women across agencies and departments have been working
together night and day trying to respond to the overwhelming surge, and
they desperately need resources to cover the growing costs. This is a
real crisis, and this bill provides funds for all those who are
representing us and working without adequate pay.
As I said just yesterday, we are out of time. Some of our agencies
are spending money they don't have because they have must-pay bills for
contracts for food, for shelter, for transportation, and for medical
care.
People are waiting in terrible conditions in the desert, and summer
in Texas is here. Children are sleeping on the ground and need to be
moved to shelters or homes. We need doctors and pediatricians and
caregivers.
This bill gives the agencies the funds to care for these children, to
reduce the overcrowding at border facilities, to repay the States, and
to add immigration judge teams.
The Senate has already passed this bill on an overwhelmingly
bipartisan basis. Now we should do the same and send this bill to the
President for his signature.
Mr. Speaker, I urge a strong ``yes'' vote on this bill, and I yield
back the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 466, the
previous question is ordered.
The question is on the motion to concur.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Ms. GRANGER. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to concur will be followed by a 5-minute vote
on agreeing to the Speaker's approval of the Journal.
The vote was taken by electronic device, and there were--ayes 305,
noes 102, not voting 25, as follows:
[Roll No. 429]
AYES--305
Aderholt
Allen
Allred
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Beatty
Bera
Bergman
Bilirakis
Bishop (GA)
Bishop (UT)
Blunt Rochester
Bost
Brady
Brindisi
Brooks (IN)
Brownley (CA)
Buchanan
Bucshon
Budd
Burchett
Burgess
Bustos
Byrne
Calvert
Carbajal
Carter (TX)
Cartwright
Case
Casten (IL)
Castor (FL)
Chabot
Cheney
Cleaver
Cline
Cloud
Clyburn
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Cooper
Costa
Courtney
Cox (CA)
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Cummings
Cunningham
Curtis
Davids (KS)
Davidson (OH)
Davis (CA)
Davis, Rodney
Dean
DelBene
Delgado
Demings
DesJarlais
Deutch
Diaz-Balart
Doyle, Michael F.
Duffy
Duncan
Dunn
Eshoo
Estes
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Fletcher
Flores
Fortenberry
Foster
Foxx (NC)
Frankel
Fudge
Fulcher
Gaetz
Gallagher
Garamendi
Gianforte
Gibbs
Golden
Gonzalez (OH)
Gonzalez (TX)
Gooden
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Green, Al (TX)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harder (CA)
Harris
Hartzler
Hayes
Heck
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Himes
Holding
Hollingsworth
Horn, Kendra S.
Houlahan
Hoyer
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (GA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keating
Keller
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kildee
Kilmer
Kim
Kind
King (IA)
King (NY)
Kirkpatrick
Krishnamoorthi
Kuster (NH)
LaHood
LaMalfa
Lamb
Lamborn
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawson (FL)
Lee (NV)
Lesko
Levin (CA)
Lipinski
Loebsack
Long
Loudermilk
Luetkemeyer
Luria
Lynch
Malinowski
Maloney, Sean
Marchant
Marshall
Mast
Matsui
McAdams
McBath
McCarthy
McCaul
McClintock
McHenry
McKinley
McNerney
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Morelle
Murphy
Neal
Newhouse
Norman
Nunes
O'Halleran
Olson
Palazzo
Palmer
Panetta
Pappas
Payne
Pence
Perlmutter
Perry
Peters
Peterson
Phillips
Pingree
Porter
Posey
[[Page H5250]]
Ratcliffe
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rose (NY)
Rose, John W.
Rouda
Rouzer
Ruiz
Ruppersberger
Rush
Rutherford
Sarbanes
Scalise
Schiff
Schneider
Schrier
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sewell (AL)
Shalala
Sherrill
Shimkus
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stanton
Stauber
Stefanik
Steil
Stevens
Stewart
Stivers
Suozzi
Taylor
Thompson (CA)
Thompson (MS)
Thompson (PA)
Timmons
Tipton
Torres Small (NM)
Trone
Turner
Underwood
Upton
Van Drew
Visclosky
Wagner
Walberg
Walden
Walker
Waltz
Wasserman Schultz
Waters
Watkins
Watson Coleman
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Wexton
Wild
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yarmuth
Yoho
Zeldin
NOES--102
Adams
Aguilar
Amash
Barragan
Bass
Beyer
Biggs
Blumenauer
Bonamici
Boyle, Brendan F.
Brooks (AL)
Brown (MD)
Butterfield
Cardenas
Carson (IN)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Connolly
Correa
Davis, Danny K.
DeFazio
DeGette
DeLauro
DeSaulnier
Dingell
Doggett
Engel
Escobar
Espaillat
Evans
Gallego
Garcia (IL)
Garcia (TX)
Gohmert
Gomez
Gosar
Grijalva
Haaland
Higgins (NY)
Hill (CA)
Horsford
Huffman
Jackson Lee
Jayapal
Jeffries
Kennedy
Khanna
Lawrence
Lee (CA)
Levin (MI)
Lewis
Lieu, Ted
Lofgren
Lowenthal
Lowey
Lujan
Maloney, Carolyn B.
Massie
McCollum
McEachin
McGovern
Meeks
Meng
Moore
Mucarsel-Powell
Nadler
Napolitano
Neguse
Norcross
Ocasio-Cortez
Omar
Pallone
Pascrell
Pocan
Pressley
Price (NC)
Quigley
Raskin
Roy
Roybal-Allard
Sanchez
Scanlon
Schakowsky
Sherman
Smith (WA)
Soto
Speier
Takano
Titus
Tlaib
Tonko
Torres (CA)
Trahan
Vargas
Veasey
Vela
Velazquez
Welch
NOT VOTING--25
Abraham
Buck
Carter (GA)
Castro (TX)
Emmer
Gabbard
Hastings
Johnson (LA)
Kaptur
Kinzinger
Kustoff (TN)
Lucas
Moulton
Mullin
Richmond
Rooney (FL)
Ryan
Schrader
Sensenbrenner
Steube
Swalwell (CA)
Thornberry
Walorski
Wilson (FL)
Young
{time} 1717
Mr. CARDENAS, Mses. DeLAURO and SPEIER, Messrs. SOTO and SHERMAN
changed their vote from ``aye'' to ``no.''
Mr. MEADOWS changed his vote from ``no'' to ``aye.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________