89–008 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–128 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3401) MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FIS CAL YEAR ENDING SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES 

JUNE 25, 2019.—Referred to the House Calendar and ordered to be printed 

Mr. MCGOVERN, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 462] 

The Committee on Rules, having had under consideration House 

Resolution 462, by a record vote of 8 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3401, the Emergency Supplemental Appropriations for Humanitarian Assistance 

and Security at the Southern Border Act, 2019, under a closed rule. 

The resolution provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. The resolution waives all points of order 

against consideration of the bill. The resolution provides that the 

amendment printed in this report shall be considered as adopted. 

The resolution provides that the bill, as amended, shall be considered as read. The resolution waives all points of order against provisions in the bill, as amended. The resolution provides that clause 

2(e) of rule XXI shall not apply during consideration of the bill. The 

resolution provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 12(a) of rule XXI, which prohibits consideration of a bill unless there is a searchable electronic comparative print that shows how the bill proposes to change current law. 

Although the resolution waives all points of order against provisions in the bill, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 


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COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 142 

Motion by Mr. Cole to report an open rule. Defeated: 4–7 

Majority Members Vote Minority Members Vote 

Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea 

Mrs. Torres ....................................................... ................... Mr. Woodall ...................................................... Yea 

Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea 

Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea 

Ms. Scanlon ...................................................... Nay 

Mr. Morelle ....................................................... Nay 

Ms. Shalala ...................................................... Nay 

Mr. DeSaulnier .................................................. Nay 

Mr. McGovern, Chairman ................................. Nay 

Rules Committee record vote No. 143 

Motion by Mr. Burgess to amend the rule to H.R. 3401 to make 

in order and provide the appropriate waivers to amendment #1, offered by Rep. Burgess (TX), which appropriates $800 million to the 

Secretary of Homeland Security to reimburse the State of Texas for 

all efforts undertaken to secure the border between the United 

States and Mexico. Defeated: 4–8 

Majority Members Vote Minority Members Vote 

Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea 

Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea 

Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea 

Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea 

Ms. Scanlon ...................................................... Nay 

Mr. Morelle ....................................................... Nay 

Ms. Shalala ...................................................... Nay 

Mr. DeSaulnier .................................................. Nay 

Mr. McGovern, Chairman ................................. Nay 

Rules Committee record vote No. 144 

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

Majority Members Vote Minority Members Vote 

Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Nay 

Mrs. Torres ....................................................... Yea Mr. Woodall ...................................................... Nay 

Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay 

Mr. Raskin ........................................................ Yea Mrs. Lesko ........................................................ Nay 

Ms. Scanlon ...................................................... Yea 

Mr. Morelle ....................................................... Yea 

Ms. Shalala ...................................................... Yea 

Mr. DeSaulnier .................................................. Yea 

Mr. McGovern, Chairman ................................. Yea 

SUMMARY OF THE AMENDMENT TO H.R. 3401 CONSIDERED AS ADOPTED

1. Lowey (NY): Requires U.S. Customs and Border Protection to 

establish plans, standards, and protocols to better ensure the 

health and safety of adults and children in departmental custody, 

including standards for medical care and medical emergencies; nutrition, hygiene, and facilities; and personnel training. Requires the 


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Secretary of Homeland Security to submit to the Congress a plan 

for ensuring access to appropriate translation services for all individuals encountered by U.S. Customs and Border Protection, U.S. 

Immigration and Customs Enforcement, and U.S. Citizenship and 

Immigration Services. Requires the Secretary of Health and 

Human Services to specify which requirements are being temporarily waived any time an influx shelter is given a 60-day waiver 

from meeting the same standards as State-licensed shelters, and 

prohibits the Secretary from waiving certain requirements of the 

Flores Settlement if a contractor or grantee is not providing such 

services after six months. In addition, the amendment sets a limit 

of 90 days for any unaccompanied child to spend at an influx shelter unless the Secretary submits written notification to Congress 

that there is insufficient space at State-licensed facilities to facilitate a transfer. 

TEXT OF AMENDMENT TO H.R. 3401 CONSIDERED AS ADOPTED

Page 2, strike lines 5 through 11 and insert the following: 

For an additional amount for ‘‘Executive Office for Immigration Review’’, $17,000,000 to be used only for services and activities provided by the Legal Access Programs, of which not less than 

$2,000,000 shall be for the continued operation of the Immigration 

Court Helpdesk Program: Provided, That such amount is designated by the Congress as being for an emergency requirement 

pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

At the end of title II, insert the following: 

SEC. 208. Not later than 30 days after the date of enactment of 

this Act, the Secretary of Homeland Security shall establish final 

plans, standards, and protocols to protect the health and safety of 

individuals in the custody of U.S. Customs and Border Protection, 

which shall include— 

(1) standards and response protocols for medical assessments 

and medical emergencies; 

(2) requirements for ensuring the provision of water, appropriate nutrition, hygiene, and sanitation needs; 

(3) standards for temporary holding facilities that adhere to 

best practices for the care of children, which shall be in compliance with the relevant recommendations in the Policy Statement of the American Academy of Pediatrics entitled, ‘‘Detention of Immigrant Children’’; 

(4) protocols for responding to surges of migrants crossing 

the southern border or arriving at land ports of entry; and 

(5) required training for all Federal and contract personnel 

who interact with migrants on the care and treatment of individuals in civil detention. 

SEC. 209. Not later than 120 days after the date of enactment of 

this Act, the Secretary of Homeland Security shall submit to the 

House of Representatives and the Senate a plan for ensuring access 

to appropriate translation services for all individuals encountered 

by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services, 

including an estimate of related resource requirements and the feasibility and potential benefit of these components jointly procuring 

such services. 


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Page 18, line 10, before the semicolon at the end, insert the following: ‘‘and the report specifies each requirement referenced in 

paragraph (1) that is being waived for 60 days’’. 

Page 18, after paragraph (2), insert the following new paragraphs (3) and (4): 

(3) the Secretary shall not waive requirements for grantees 

or contractors to provide or arrange for the following services— 

(A) proper physical care and maintenance, including 

suitable living accommodations, food, appropriate clothing, 

and personal grooming items; 

(B) a complete medical examination (including screening 

for infectious diseases) within 48 hours of admission, unless the minor was recently examined at another facility; 

(C) appropriate routine medical and dental care; 

(D) at least one individual counseling session per week 

conducted by trained social work staff with the specific objectives of reviewing a minor’s progress, establishing new 

short term objectives, and addressing both the developmental and crisis-related needs of each minor; 

(E) educational services appropriate to the minor’s level 

of development, and communication skills in a structured 

classroom setting, Monday through Friday, which concentrates primarily on the development of basic academic 

competencies and secondarily on English Language Training; 

(F) activities according to a leisure time plan which shall 

include daily outdoor activity, weather permitting, at least 

one hour per day of large muscle activity and one hour per 

day of structured leisure time activities (this should not include time spent watching television). Activities should be 

increased to three hours on days when school is not in session; 

(G) whenever possible, access to religious services of the 

minor’s choice; 

(H) visitation and contact with family members (regardless of their immigration status) which is structured to encourage such visitation. The staff shall respect the minor’s 

privacy while reasonably preventing the unauthorized release of the minor; 

(I) family reunification services designed to identify relatives in the United States as well as in foreign countries 

and assistance in obtaining legal guardianship when necessary for the release of the minor; and 

(J) legal services information regarding the availability 

of free legal assistance, the right to be represented by 

counsel at no expense to the government, the right to a deportation or exclusion hearing before an immigration 

judge, the right to apply for political asylum or to request 

voluntary departure in lieu of deportation; 

(4) if the Secretary determines that a contractor or grantee 

is not in compliance with any of the requirements set forth in 

paragraph (3), the Secretary shall not permit such contractor 

or grantee to continue to provide services beyond a reasonable 

period, not to exceed 60 days, needed to award a contract or 

grant to a new service provider, and the incumbent contractor 


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or grantee shall not be eligible to compete for the new contract 

or grant; 

Page 18, line 23, strike ‘‘and’’. 

Page 19, line 3, strike the period at the end, and insert:‘‘; and’’. 

Page 19, after line 3, insert: 

(9) the amounts provided by this section are designated by 

the Congress as being for an emergency requirement pursuant 

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

At the end of title III, insert the following: 

SEC. 313. (a) The Secretary of Health and Human Services shall 

ensure that no unaccompanied alien child (as defined in section 

462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) 

spends more than 90 days, in the aggregate, at an unlicensed facility. 

(b) Not later than 45 days after the date of enactment of this Act, 

the Secretary shall ensure transfer to a State-licensed facility for 

any unaccompanied alien child who has been at an unlicensed facility for longer than 90 days. 

(c) Subsections (a) and (b) shall not apply to an unaccompanied 

alien child when the Secretary determines that a potential sponsor 

had been identified and the unaccompanied alien child is expected 

to be placed with the sponsor within 30 days. 

(d) Notwithstanding subsections (a) and (b), if the Secretary determines there is insufficient space available at State-licensed facilities to transfer an unaccompanied alien child who has been at 

an unlicensed facility for longer than 90 days, the Secretary shall 

submit a written justification to the Committees on Appropriations 

of the House of Representatives and the Senate, and shall submit 

a summary every two weeks, disaggregated by influx facility, on 

the number of unaccompanied alien children at each influx facility 

longer than 90 days, with a summary of both the status of placement and the transfer efforts for all children who have been in care 

for longer than 90 days. 

Æ 


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