[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5230 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 5230
_______________________________________________________________________
AN ACT
Making supplemental appropriations for the fiscal year ending September
30, 2014, and for other purposes.
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, 2014, and for other purposes, namely:
DIVISION A--SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS
TITLE I
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$71,000,000, to remain available until September 30, 2015, for
necessary expenses to apprehend, transport, and provide temporary
shelter associated with the significant rise in unaccompanied alien
children and alien adults accompanied by an alien minor at the
Southwest Border of the United States, including related activities to
secure the border, disrupt transnational crime, and the necessary
acquisition, construction, improvement, repair, and management of
facilities: Provided, That not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate an obligation and quarterly expenditure plan for these
funds: Provided further, That the Secretary shall provide to such
Committees quarterly updates on the expenditure of these funds.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$334,000,000, to remain available until September 30, 2015, for
necessary expenses to respond to the significant rise in unaccompanied
alien children and alien adults accompanied by an alien minor at the
Southwest Border of the United States, including for enforcement of
immigration and customs law, including detention and removal
operations, of which $262,000,000 shall be for Custody Operations and
$72,000,000 shall be for Transportation and Removal operations:
Provided, That not later than 30 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate an obligation and quarterly expenditure plan for these funds:
Provided further, That the Secretary shall provide to such Committees
quarterly updates on the expenditure of these funds.
GENERAL PROVISIONS--THIS TITLE
(including rescission)
Sec. 101. Notwithstanding any other provision of law, none of the
funds provided by this title shall be available for obligation or
expenditure through a reprogramming or transfer of funds that proposes
to use funds directed for a specific activity by either of the
Committees on Appropriations of the House of Representatives or the
Senate for a different purpose than for which the appropriations were
provided: Provided, That prior to the obligation of such funds, a
request for approval shall be submitted to such Committees.
Sec. 102. The Secretary of Homeland Security shall provide to the
Congress quarterly reports that include: (1) the number of
apprehensions at the border delineated by unaccompanied alien children
and alien adults accompanied by an alien minor; (2) the number of
claims of a credible fear of persecution delineated by unaccompanied
alien children and alien adults accompanied by an alien minor, and the
number of determinations of valid claims of a credible fear of
persecution delineated by unaccompanied alien children and alien adults
accompanied by an alien minor; (3) the number of unaccompanied alien
children and alien adults accompanied by an alien minor granted asylum
by an immigration judge, delineated by year of apprehension; (4) the
number of alien adults accompanied by an alien minor in detention
facilities, alternatives to detention, and other non-detention forms of
supervision; and (5) the number of removals delineated by unaccompanied
alien children and alien adults accompanied by an alien minor.
Sec. 103. Of the unobligated balance available for ``Department of
Homeland Security--Federal Emergency Management Agency--Disaster Relief
Fund'', $405,000,000 is rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on a budget
or the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That no amounts may be rescinded from the amounts
that were designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 104. Notwithstanding any other provision of law, grants
awarded under sections 2003 or 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604 and 605) using funds provided under the heading
``Federal Emergency Management Agency--State and Local Programs'' in
division F of Public Law 113-76, division D of Public Law 113-6, or
division D of Public Law 112-74 may be used by State and local law
enforcement and public safety agencies within local units of government
along the Southwest Border of the United States for costs incurred
during the award period of performance for personnel, overtime, travel,
costs related to combating illegal immigration and drug smuggling, and
costs related to providing humanitarian relief to unaccompanied alien
children and alien adults accompanied by an alien minor who have
entered the United States.
Sec. 105. Notwithstanding any other provision in this or any other
Act, amounts transferred to the Department of Homeland Security
pursuant to section 202 of this Act shall be provided by the Secretary
of Homeland Security under the heading ``Federal Emergency Management
Agency--State and Local Programs'' to States along the Southwest Border
of the United States as reimbursement for necessary costs of National
Guard personnel activated under the operational control of the
Governors of such States and deployed for the purpose of border
security.
TITLE II
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$47,419,000, to remain available until September 30, 2015, for
necessary expenses related to the Southwest Border of the United
States.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $2,258,000, to remain available until September 30, 2015, for
necessary expenses related to the Southwest Border of the United
States.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $15,807,000, to remain available until September 30,
2015, for necessary expenses related to the Southwest Border of the
United States.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $4,516,000, to remain available until September 30,
2015, for necessary expenses related to the Southwest Border of the
United States.
GENERAL PROVISIONS--THIS TITLE
(rescission)
Sec. 201. Of the unobligated balances of amounts appropriated in
title II of division C of Public Law 113-76 for ``Operation and
Maintenance, Defense-Wide'', $70,000,000 is hereby rescinded to reflect
excess cash balances in Department of Defense Working Capital Funds.
Sec. 202. Notwithstanding any other provision in this Act, of the
amounts made available by this Act for ``National Guard Personnel,
Army'', the Secretary of Defense shall transfer to the Department of
Homeland Security such funds as may be necessary, not to exceed
$35,000,000, to reimburse the States for the cost of any units or
personnel of the National Guard, to perform operations and missions
under State Active Duty status, deployed in support of a southern
border mission.
TITLE III
DEPARTMENT OF JUSTICE
General Administration
administrative review and appeals
For an additional amount for ``Administrative Review and Appeals''
for necessary expenses to respond to the significant rise in
unaccompanied alien children and alien adults accompanied by an alien
minor at the Southwest Border of the United States, $22,000,000, to
remain available until September 30, 2015, of which $12,900,000 shall
be for additional temporary immigration judges and related expenses,
and $9,100,000 shall be for technology for judges to expedite the
adjudication of immigration cases.
GENERAL PROVISION--THIS TITLE
(rescission)
Sec. 301. Of the unobligated balances available for ``Department
of Justice--Legal Activities--Assets Forfeiture Fund'', $22,000,000 is
hereby permanently rescinded.
TITLE IV
GENERAL PROVISIONS--THIS TITLE
Repatriation and Reintegration
Sec. 401. (a) Repatriation and Reintegration.--Of the funds
appropriated in titles III and IV of division K of Public Law 113-76,
and in prior Acts making appropriations for the Department of State,
foreign operations, and related programs, for assistance for the
countries in Central America, up to $40,000,000 shall be made available
for such countries for repatriation and reintegration activities:
Provided, That funds made available pursuant to this section may be
obligated notwithstanding subsections (c) and (e) of section 7045 of
division K of Public Law 113-76.
(b) Report.--Prior to the initial obligation of funds made
available pursuant to this section, but not later than 15 days after
the date of enactment of this Act, and every 90 days thereafter until
September 30, 2015, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees a
report on the obligation of funds made available pursuant to this
section by country and the steps taken by the government of each
country to--
(1) improve border security;
(2) enforce laws and policies to stem the flow of illegal
entries into the United States;
(3) enact laws and implement new policies to stem the flow
of illegal entries into the United States, including increasing
penalties for human smuggling;
(4) conduct public outreach campaigns to explain the
dangers of the journey to the Southwest Border of the United
States, emphasize the lack of immigration benefits available,
and emphasize that illegal aliens will be removed to their
country; and
(5) cooperate with United States Federal agencies to
facilitate and expedite the return, repatriation, and
reintegration of illegal migrants arriving at the Southwest
Border of the United States.
(c) Suspension of Assistance.--The Secretary of State shall suspend
assistance provided pursuant to this section to the government of a
country if such government is not making significant progress on each
item described in paragraphs (1) through (5) of subsection (b):
Provided, That assistance may only be resumed if the Secretary reports
to the appropriate congressional committees that subsequent to the
suspension of assistance such government is making significant progress
on each of the items enumerated in such subsection.
(d) Notification Requirement.--Funds made available pursuant to
this section shall be subject to the regular notification procedures of
the Committees on Appropriations of the House of Representatives and
the Senate.
(rescission)
Sec. 402. Of the unexpended balances available to the President
for bilateral economic assistance under the heading ``Economic Support
Fund'' from prior Acts making appropriations for the Department of
State, foreign operations, and related programs, $197,000,000 is
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 or as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$197,000,000, to be merged with and available for the same time period
and for the same purposes as the funds made available under this
heading in division H of Public Law 113-76 ``for carrying out such
sections 414, 501, 462, and 235'': Provided, That of this amount,
$47,000,000 shall be for the Social Services and Targeted Assistance
programs.
This division may be cited as the ``Secure the Southwest Border
Supplemental Appropriations Act, 2014''.
DIVISION B--SECURE THE SOUTHWEST BORDER ACT OF 2014
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Secure the
Southwest Border Act of 2014''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTING CHILDREN
Sec. 101. Repatriation of unaccompanied alien children.
Sec. 102. Last in, first out.
Sec. 103. Emergency immigration judge resources.
Sec. 104. Protecting children from human traffickers, sex offenders,
and other criminals.
Sec. 105. Inclusion of additional grounds for per se ineligibility for
asylum.
TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY
Sec. 201. National Guard support for border operations.
TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION
Sec. 301. Prohibition on actions that impede border security on certain
Federal land.
Sec. 302. Sense of Congress on placement of unauthorized aliens at
military installations.
Sec. 303. Limitation on placement of unauthorized aliens at military
installations.
TITLE I--PROTECTING CHILDREN
SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
Section 235(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
(1) in paragraph (2)--
(A) by amending the paragraph heading to read as
follows: ``Rules for unaccompanied alien children.'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``who is a national or habitual
resident of a country that is contiguous with
the United States'';
(ii) in clause (i), by inserting ``and'' at
the end;
(iii) in clause (ii), by striking ``; and''
and inserting a period; and
(iv) by striking clause (iii);
(C) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``(8 U.S.C. 1101 et seq.) may--'' and
inserting ``(8 U.S.C. 1101 et seq.)--'';
(ii) in clause (i), by inserting before
``permit such child to withdraw'' the
following: ``may''; and
(iii) in clause (ii), by inserting before
``return such child'' the following: ``shall'';
and
(D) in subparagraph (C)--
(i) by amending the subparagraph heading to
read as follows: ``Agreements with foreign
countries.''; and
(ii) in the matter preceding clause (i), by
striking ``The Secretary of State shall
negotiate agreements between the United States
and countries contiguous to the United States''
and inserting ``The Secretary of State may
negotiate agreements between the United States
and any foreign country that the Secretary
determines appropriate''; and
(2) in paragraph (5)(D)--
(A) in the matter preceding clause (i), by striking
``, except for an unaccompanied alien child from a
contiguous country subject to the exceptions under
subsection (a)(2),'' and inserting ``who does not meet
the criteria listed in paragraph (2)(A)''; and
(B) in clause (i), by inserting before the
semicolon at the end the following: ``, which shall
include a hearing before an immigration judge not later
than 14 days after being screened under paragraph (4)
and the unaccompanied alien child shall be detained
until such hearing''.
SEC. 102. LAST IN, FIRST OUT.
In any removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) with respect to an unaccompanied alien
child (as defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))), priority shall be accorded to the alien who
has most recently arrived in the United States.
SEC. 103. EMERGENCY IMMIGRATION JUDGE RESOURCES.
Not later than 14 days after the date of the enactment of this Act,
the Attorney General shall designate up to 40 immigration judges,
including through the hiring of retired immigration judges,
administrative law judges, or magistrate judges, or the reassignment of
current immigration judges. Such designations shall remain in effect
solely for the duration of the humanitarian crisis at the southern
border (as determined by the Secretary of Homeland Security, in
consultation with the Attorney General).
SEC. 104. PROTECTING CHILDREN FROM HUMAN TRAFFICKERS, SEX OFFENDERS,
AND OTHER CRIMINALS.
Section 235(c)(3) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is
amended--
(1) in subparagraph (A), by inserting ``, including a
mandatory biometric criminal history check'' before the period
at the end; and
(2) by adding at the end the following--
``(D) Prohibition on placement with sex offenders
and human traffickers.--
``(i) In general.--The Secretary of Health
and Human Services may not place an
unaccompanied alien child in the custody of an
individual who has been convicted of--
``(I) a sex offense (as defined in
section 111 of the Sex Offender
Registration and Notification Act (42
U.S.C. 16911)); or
``(II) a crime involving a severe
form of trafficking in persons (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)).
``(ii) Requirements of criminal background
check.--A biometric criminal history check
under subparagraph (A) shall be based on a set
of fingerprints or other biometric identifiers
and conducted through--
``(I) the Federal Bureau of
Investigation; and
``(II) criminal history
repositories of all States that the
individual lists as current or former
residences.''.
SEC. 105. INCLUSION OF ADDITIONAL GROUNDS FOR PER SE INELIGIBILITY FOR
ASYLUM.
Section 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)(A)(iii)) is amended by inserting after ``a serious
nonpolitical crime'' the following: ``(including any drug-related
offense punishable by a term of imprisonment greater than 1 year)''.
TITLE II--USE OF NATIONAL GUARD TO IMPROVE BORDER SECURITY
SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPERATIONS.
(a) Deployment Authority and Funding.--Amounts appropriated for the
Department of Defense in this Act shall be expended for any units or
personnel of the National Guard deployed to perform operations and
missions under section 502(f) of title 32, United States Code, on the
southern border of the United States.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
as may be necessary to provide assistance for operations on the
southern border, with priority given to high traffic areas
experiencing the highest number of crossings by unaccompanied
alien children.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions on the southern border shall
be full-time duty under title 32, United States Code.
(c) Materiel and Logistical Support.--The Secretary of Defense
shall deploy such materiel and equipment and logistical support as may
be necessary to ensure success of the operations and missions conducted
by the National Guard under this section.
(d) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be
included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; or
(2) limits on the number of National Guard personnel that
may be placed on active duty for operational support under
section 115 of title 10, United States Code.
(e) High Traffic Areas Defined.--In this section:
(1) The term ``high traffic areas'' means sectors along the
northern and southern borders of the United States that are
within the responsibility of the Border Patrol that have the
most illicit cross-border activity, informed through
situational awareness.
(2) The term ``unaccompanied alien child'' means a child
who--
(A) has no lawful immigration status in the United
States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal guardian in
the United States; or
(ii) no parent or legal guardian in the
United States is available to provide care and
physical custody.
TITLE III--NATIONAL SECURITY AND FEDERAL LANDS PROTECTION
SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN
FEDERAL LAND.
(a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not
impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on Federal land located within 100 miles of the United
States border with Mexico that is under the jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture, to execute
search and rescue operations, and to prevent all unlawful entries into
the United States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband
through such international land border of the United States. These
authorities of U.S. Customs and Border Protection on such Federal land
apply whether or not a state of emergency exists.
(b) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to
Federal land within 100 miles of the United States border with Mexico
that is under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture for purposes of conducting the following
activities on such land that prevent all unlawful entries into the
United States, including entries by terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband through such
international land border of the United States:
(1) Construction and maintenance of roads.
(2) Construction and maintenance of barriers.
(3) Use of vehicles to patrol, apprehend, or rescue.
(4) Installation, maintenance, and operation of
communications and surveillance equipment and sensors.
(5) Deployment of temporary tactical infrastructure.
(c) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver referred
to in this subsection), the waiver by the Secretary of Homeland
Security on April 1, 2008, under section 102(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws
described in paragraph (2) with respect to certain sections of
the international border between the United States and Mexico
shall be considered to apply to all Federal land under the
jurisdiction of the Secretary of the Interior or the Secretary
of Agriculture within 100 miles of such international land
border of the United States for the activities of U.S. Customs
and Border Protection described in subsection (b).
(2) Description of laws waived.--The laws referred to in
paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131
et seq.), the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the National Historic Preservation Act
(16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et
seq.), the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of
1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), subchapter II of
chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the ``Administrative Procedure Act''), the
National Park Service Organic Act (16 U.S.C. 1 et seq.), the
General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C.
1a-1 et seq.), sections 401(7), 403, and 404 of the National
Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat.
3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C.
1132 note; Public Law 101-628).
(d) Protection of Legal Uses.--This section shall not be construed
to provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or public-use recreational and backcountry
airstrips on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(e) Effect on State and Private Land.--This Act shall--
(1) have no force or effect on State or private lands; and
(2) not provide authority on or access to State or private
lands.
(f) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes treaties or other agreements between
the United States and Indian tribes.
SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAUTHORIZED ALIENS AT
MILITARY INSTALLATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should not allow the placement
of unauthorized aliens at a military installation unless--
(A) the Secretary submits written notice to the
congressional defense committees and each Member of
Congress representing any jurisdiction in which an
affected military installation is situated; and
(B) the Secretary publishes notice in the Federal
Register;
(2) the placement of unauthorized aliens at a military
institution should not displace active members of the Armed
Forces;
(3) the placement of unauthorized aliens at a military
institution should not interfere with any mission of the
Department of Defense;
(4) the Secretary of Health and Human Services should not
use a military installation for the placement of unauthorized
aliens unless all other facilities of the Department of Health
and Human Services are unavailable;
(5) the Secretary of Health and Human Services should not
use a military installation for the placement of unauthorized
aliens for more than 120 days;
(6) the Secretary of Health and Human Services should
ensure that all unauthorized alien children are vaccinated upon
arrival at a military installation as set forth in the
guidelines of the Office of Refugee Resettlement;
(7) the Secretary of Health and Human Services should
ensure that all individuals under the supervision of the
Secretary with access to unauthorized alien children at a
military installation are properly cleared according to the
procedures set forth in the Victims of Child Abuse Act of 1990
(42 U.S.C. 13001 et seq.);
(8) the Secretary of Health and Human Services should fully
comply with the provisions of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001 et seq.) with respect to background
checks and should retain full legal responsibility for such
compliance; and
(9) in accordance with section 1535 of title 31, United
States Code (commonly referred to as the ``Economy Act''), the
Secretary of Health and Human Services should reimburse the
Secretary of Defense for all expenses incurred by the Secretary
of Defense in carrying out the placement of unauthorized aliens
at a military installation.
(b) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(2) The term ``Member of Congress'' has the meaning given
that term in section 1591(c)(1) of title 10, United States
Code.
(3) The term ``military installation'' has the meaning
given that term in section 2801(c)(4) of title 10, United
States Code, but does not include an installation located
outside of the United States.
(4) The term ``placement'' means the placement of an
unauthorized alien in either a detention facility or an
alternative to such a facility.
(5) The term ``unauthorized alien'' means an alien
unlawfully present in the United States, but does not include a
dependent of a member of the Armed Forces.
SEC. 303. LIMITATION ON PLACEMENT OF UNAUTHORIZED ALIENS AT MILITARY
INSTALLATIONS.
(a) Limitation.--The Secretary of Defense may not allow the
placement of unauthorized aliens at a military installation in the
United States if the use of the military institution to house or care
for unauthorized aliens would--
(1) displace members of the Armed Forces serving on active
duty or in a reserve or Guard status; or
(2) interfere with activities of the Armed Forces,
including reserve components thereof, at the installation.
(b) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(2) The term ``unauthorized alien'' means an alien
unlawfully present in the United States, but does not include a
dependent of a member of the Armed Forces.
Passed the House of Representatives August 1, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 5230
_______________________________________________________________________
AN ACT
Making supplemental appropriations for the fiscal year ending September
30, 2014, and for other purposes.