Providing for Consideration of H.R. Homeland Security Improvement Act; Providing for Consideration of H.R. U.S. Border Patrol Medical Screening Standards Act; Providing for Consideration of H. Res. Expressing Sense of the House with Respect to Whistleblower Complaint Made to Inspector General of Intelligence Community; and for Other Purposes

Floor Speech

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Ms. SCANLON. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 577 and ask for its immediate consideration.

The Clerk read the resolution, as follows: H. Res. 577

Resolved, That upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 2203) to increase transparency, accountability, and community engagement within the Department of Homeland Security, provide independent oversight of border security activities, improve training for agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, and for other purposes. All points of order against consideration of the bill are waived. In lieu of the amendment in the nature of a substitute recommended by the Committee on Homeland Security now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-27, modified by the amendment printed in the report of the Committee on Rules accompanying this resolution, shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security; and (2) one motion to recommit with or without instructions.

Sec. 2. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3525) to amend the Homeland Security Act of 2002 to direct the Commissioner of U.S. Customs and Border Protection to establish uniform processes for medical screening of individuals interdicted between ports of entry, and for other purposes. All points of order against consideration of the bill are waived. In lieu of the amendment in the nature of a substitute recommended by the Committee on Homeland Security now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-33 shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security; and (2) one motion to recommit with or without instructions.

Sec. 3. Upon adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the resolution (H. Res. 576) expressing the sense of the House of Representatives with respect to the whistleblower complaint of August 12, 2019, made to the Inspector General of the Intelligence Community. The resolution shall be considered as read. The previous question shall be considered as ordered on the resolution and preamble to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence.

Sec. 4. It shall be in order at any time on the legislative day of September 26, 2019, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.

Sec. 5. On any legislative day during the period from September 30, 2019, through October 14, 2019-- (a) the Journal of the proceedings of the previous day shall be considered as approved; and

(b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.

Sec. 6. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 5 of this resolution as though under clause 8 (a) of rule I.

Sec. 7. Each day during the period addressed by section 5 of this resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).

Sec. 8. Each day during the period addressed by section 5 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XIII.

Sec. 9. Each day during the period addressed by section 5 of this resolution shall not constitute a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII. Sec. 10. Each day during the period addressed by section 5 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XV.

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Ms. SCANLON. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from Arizona (Mrs. Lesko), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave
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Ms. SCANLON. Mr. Speaker, on Tuesday, the Rules Committee met and reported a rule, House Resolution 577, providing for consideration of H.R. 2203, the Homeland Security Improvement Act; H.R. 3525, the U.S. Border Patrol Medical Screening Standards Act; and H. Res. 576, expressing the sense of the House of Representatives with respect to the whistleblower complaint of August 12, 2019, made to the Inspector General of the Intelligence Community, under closed rules.

For H.R. 2203 and H.R. 3525, the rule provides 1 hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security for each bill. The rule provides H. Res. 576 1 hour of general debate equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence.

The rule also provides blanket suspension authority for the legislative day of Thursday, September 26, 2019, and standard recess instructions for the district work period from September 30 to October 14.

At the end of this debate, I will be offering an amendment to the rule to replace the text of H. Res. 576 with the text of S. Res. 325, a bipartisan resolution that passed the Senate unanimously yesterday. Both of these resolutions urge that the complaint be transmitted immediately to the Intelligence Committees, as required by law.

In our Rules Committee meeting last night, several of my Republican colleagues suggested that they would prefer that we take up the Senate- passed language. To ensure that this Congress speaks with one voice clearly and unequivocally on this urgent matter, we will be amending the rule to do just that.

Mr. Speaker, we are here today to debate the rule for three important pieces of legislative business, which I will address serially: H. Res. 576, with the text of S. Res. 325; H.R. 3525; and H.R. 2203.

By now, every Member of this body is well aware of the whistleblower complaint that was filed to the intelligence community inspector general following a call President Trump had with the President of Ukraine. These types of complaints are far from unheard of, and the law states that the complaint must be turned over to the House and Senate Intelligence Committees. However, the inspector general has testified that the Acting Director of National Intelligence blocked the complaint, after consulting with the Department of Justice, from being turned over to Congress, despite the complaint fitting the requirements for being turned over under the law.

The way this complaint was handled by the Trump administration was a stark violation of that whistleblower law, which states that the Director of National Intelligence shall provide Congress with the full whistleblower complaint. In addition to breaking the law, this corruption sends a strong and chilling message to would-be whistleblowers that their courage and sacrifice in speaking out against impropriety and corruption will not be valued if it is not politically expedient.

Yesterday, the Senate voted by unanimous consent to pass a nonbinding resolution directing the Trump administration to hand over the whistleblower report filed against President Trump, reportedly, to House and Senate Intelligence Committees. The fact that Senator McConnell allowed this resolution to go to the floor should show House Republicans that there is a point where you must stop turning a blind eye to this administration's betrayal of our Constitution, our country, and our national security.

It is a sad day when Congress needs to pass a resolution to obtain documents that we have an absolute right to see, but this type of conduct is part of a pattern of obstruction by this administration that we have seen time and time again.

Allowing the Intelligence Committees to see the complaints and interview the whistleblower is essential to our national security. Furthermore, this resolution serves as a show of support and solidarity with whistleblowers. If we allow partisanship to deter whistleblowers from acting, we risk undermining a necessary check on an unrestrained administration. It is imperative that these brave Americans are protected and that their concerns are heard.

It is also worth noting that these whistleblower protections were negotiated and implemented with bipartisan support over multiple administrations.

Protecting the integrity of our national security is vitally important. I urge my Republican colleagues to follow the lead of their Senate counterparts and join us in passing this resolution so that Congress can properly meet its constitutional oversight duties.

Also subject to this rule are two homeland security measures.

First, H.R. 2203, the Homeland Security Improvement Act, is a timely and necessary bill to address our Nation's immigration and security challenges at the southern border in a responsible and humane way. This legislation will ensure accountability, transparency, and oversight in the agency responsible for monitoring and securing our Nation's borders.

Further, the bill establishes an ombudsman for border- and immigration-related concerns within the Department of Homeland Security. This additional oversight in the Department of Homeland Security will bring a much-needed level of independent accountability to DHS and ensure that the agents and employees working at our border are performing their duties to the highest possible standard.

There is no doubt that these border security jobs are demanding and intense, and the creation of an independent, neutral, and confidential process to address complaints will help both the agents and employees working at the border, as well as the individuals they process.

This bill also creates a border communities liaison, appointed by the ombudsman in conjunction with the Office for Civil Rights and Civil Liberties at DHS, to operate in each Border Patrol sector along the northern and southern borders. The liaison will be charged with fostering cooperation between ICE, CBP, and surrounding border communities, relationships that have become increasingly strained and distrustful in recent months.

In addition, the ombudsman will be required to conduct annual evaluations of all training given to ICE and CBP agents and officers.

One of the many concerns that I heard from ICE and CBP agents during my trips to the border is that they are not given adequate training and resources to properly do their jobs under current conditions. It is clear that this administration is creating chaos at the southern border by instituting policies that prioritize political fearmongering over addressing the humanitarian crisis in Central America. This is unacceptable given the complex challenges border agents face every day, and an annual assessment of their training will serve to better equip these men and women for their very difficult jobs.

Another area where DHS is lacking is utilizing advancements in technology that could improve outcomes for both border agents and migrants. This bill mandates that the ombudsman, in coordination with the CBP Commissioner, ICE Director, and ORR, develop recommendations for an electronic tracking number system to keep track of children in U.S. custody. The wholly inhumane practice of separating children from their parents is preventable, and tracking the location of a child who has been separated from his or her parents or guardians will help ensure that no child is ever again in custody alone and unaccounted for at our southern border.

Finally, this bill requires the ombudsman to submit to Congress a plan for requiring the use of body-worn cameras by U.S. Border Patrol agents and ICE officers when they are engaged in border security and immigration enforcement activities. This is a long-overdue step. Body cameras are already used by State and local police departments around the country and have served to improve justice outcomes for the individuals who come into contact with the police and provide a level of oversight that is greatly needed at the border.

Mr. Speaker, House Democrats are committed to passing legislation that will improve conditions at the border and better ensure the safety of agents and employees who work there, as well as the safety of migrants they come into contact with. Increased accountability is necessary to improving the situation at the border, a situation, I might add, that my Republican counterparts continuously say needs addressing. This bill is the chance for that added accountability.

I commend my colleague Representative Escobar from El Paso for her hard work and dedication on this issue and Chairman Thompson and the Homeland Security Committee for their thoughtful consideration of H.R. 2203.

The second Homeland Security bill in today's rule is H.R. 3525, the U.S. Border Patrol Medical Screening Standards Act.

In December 2018, Jakelin, aged 7, and Felipe, aged 8, both passed away in the custody of the U.S. Border Patrol. Following their deaths, CBP announced new medical screening procedures for children. Despite this, four more children have since passed away in Federal custody.

Let us be clear that we are addressing an issue that has emerged with the implementation of the Trump administration's inhumane border policies. No child died in CBP custody for the entire decade preceding 2018, but we have seen six in the last 10 months.

CBP facilities must be better equipped to provide medical attention for individuals in U.S. custody, particularly children.

One critical component of addressing the new reality is an initial health screening to identify acute or pressing medical issues that need immediate or follow-up attention. H.R. 3525 builds upon legislation passed by the House in July of this year by directing DHS to research innovative approaches to address capability gaps for providing medical screening at the border and mandates the implementation of an electronic health record system.

DHS medical professionals and other medical caregivers at the border have spoken of how much they need an electronic health system for CBP. In fact, this was the genesis of the bill following Representative Underwood's visits to the border.

This bill requires DHS to make concerted process improvements, including research done in consultation with national medical professional associations that have expertise in emergency medicine, nursing, pediatric care, and other relevant medical skills.

Upon completion of this research, DHS must submit a report to Congress on its recommendations for improving medical screening, access to emergency care, and steps the Department plans to take in response.

Within 90 days of this enactment, DHS must establish an electronic health record system that can be accessed by all DHS components operating on our borders. ICE already has its own electronic health record system in place, and it is time CBP upgraded its capabilities, as well.

The deaths that have occurred on our borders are a stain on our Nation, and current medical screening processes are clearly not enough.

An inspector general report, released a few weeks ago, highlighted the challenges that ORR is having in addressing the mental health needs of those children released by CBP to ORR. Though this bill deals with CBP, many of the issues transfer from agency to agency with the children. The trauma for these children begins when they are forced to flee their birth countries and is exacerbated by the journey to the U.S., which, for many, is marked by violence, sexual abuse, hunger, and sleep deprivation.

Once they finally arrive in the U.S., they then may be separated from their parents, if that didn't happen along the original journey, causing further trauma. Medical professionals are clear that these children are going to have lifelong trauma. They need a detailed medical record of the care they receive or do not receive while in U.S. custody so that they can receive adequate follow-up care.

The IG report noted, as well, that the facilities where we house these children have not employed sufficient numbers of essential mental health clinicians. This results in higher caseloads for staff and worse outcomes for these afflicted children.

The electronic health record system required by this bill will ensure that medical information does not get lost, help track when follow-up appointments are necessary, and prevent duplication of medical services due to lost or incomplete records once children are transferred to ORR custody.

This bill is the result of Representative Underwood's leadership and engagement with the treatment of migrants at our border, and I commend her for her efforts.

These two Homeland Security bills provided for in this rule will modernize the Department of Homeland Security and support better outcomes for border agents, employees, and migrants who come into U.S. custody.

House Democrats understand the need to provide the Department of Homeland Security with the resources it needs to effectively do its job, and I urge my Republican colleagues to vote for this legislation to support all those who work and live by the border.

Mr. Speaker, I urge support for this rule, and I reserve the balance of my time.
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Ms. SCANLON. Dean.)

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Ms. SCANLON. Mr. Speaker, I would ask if the Representative from Arizona has more speakers.

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Ms. SCANLON.

Mr. Speaker, the whistleblower resolution we will vote on later this week is critical to the constitutional oversight responsibilities given to us by the Constitution. Congress has a right to view this whistleblower complaint, and it is important that we join our Senate colleagues in a bipartisan statement to this administration that Congress will not abdicate its responsibilities.

Again, I urge my Republican colleagues in the House to join House Democrats and a unanimous Senate to support the final resolution affirming to this administration that we will perform our duty and to reassure whistleblowers that their courageous acts will be valued and welcomed by Congress.

Mr. Speaker, the two strong bills to protect children and families from appalling conditions and treatment at our southwest border have been sent to us by the Committee on Homeland Security and are representative of the types of constructive and measured legislation that comes from going through regular order.

These bills seek to address emergent conditions at our southern border in a way that is thoughtful and practical and, if enacted, will have a tangible impact on the day-to-day working lives of the men and women who work at the border and the migrants and children who come into U.S. custody.

Conditions at the border are unacceptable. I think both sides of the aisle should agree on that. But what we would also likely agree upon is that simply throwing money at this situation will not help. We talk about the need for meaningful solutions a lot around here, and today we present two of them.

The situation at the border is complicated and requires ongoing attention, but we cannot let conditions at the border continue to deteriorate. These two bills will provide meaningful and much-needed reforms to our border detention system and help pave the way for larger scale immigration legislation. Amendment Offered by Ms. Scanlon
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Ms. SCANLON. Mr. Speaker, I urge support for the resolution, as amended.

The material previously referred to by Mrs. Lesko is as follows: Amendment to House Resolution 577

At the end of the resolution, add the following:

Sec. 11. Immediately upon adoption of this resolution, the House shall proceed on the consideration in the House of the bill (S. 820) to strengthen programs authorized under the Debbie Smith Act of 2004. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary; and (2) one motion to recommit.

Sec. 12. Clause 1(c) of rule XIX shall not apply to the consideration of S. 820.
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