[House Report 113-571]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-571

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  PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 5230) MAKING 
 SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 
 2014, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL 
(H.R. 5272) TO PROHIBIT CERTAIN ACTIONS WITH RESPECT TO DEFERRED ACTION 
  FOR ALIENS NOT LAWFULLY PRESENT IN THE UNITED STATES, AND FOR OTHER 
  PURPOSES; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE 
                                 RULES

                                _______
                                

   August 1, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mr. Sessions, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 710]

    The Committee on Rules, having had under consideration 
House Resolution 710, by a record vote of 9 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 further consideration of H.R. 
5230, making supplemental appropriations for the fiscal year 
ending September 30, 2014, and for other purposes, under a 
closed rule. The resolution provides one hour of additional 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations. The 
resolution provides that the amendments printed in Part A of 
this report shall be considered as adopted. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution provides one motion to recommit with or 
without instructions.
    Section 2 of the resolution provides that after passage of 
H.R. 5230 and on the legislative day of August 1, 2014, the 
House shall consider H.R. 5272, to prohibit certain actions 
with respect to deferred action for aliens not lawfully present 
in the United States, and for other purposes, 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 the Judiciary. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the amendment printed in Part B of 
this report shall be considered as adopted and 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 one motion to recommit with or without 
instructions.
    Section 3 of the resolution strikes section 2 of House 
Resolution 700 and replaces it with the following: ``Sec. 2. It 
shall be in order at any time on the legislative day of August 
1, 2014, for the Speaker to entertain motions that the House 
suspend the rules, as though under clause 1 of rule XV, 
relating to a measure addressing missile defense of Israel.''.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
provisions in H.R. 5230, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 5272, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 5272, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            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. 183

    Motion by Mr. Polis to amend the rule to H.R. 5230 to make 
in order and provide the appropriate waivers for amendment #10 
offered by Rep. Polis (CO), which requires the Speaker to bring 
the House's bipartisan comprehensive immigration bill to the 
floor. Defeated: 5-7

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................  ............  Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 184

    Motion by Ms. Foxx to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

 SUMMARY OF THE AMENDMENTS TO H.R. 5230 IN PART A CONSIDERED AS ADOPTED

    1. Rogers, Harold (KY): Changes the underlying bill by 
adding $35 million for the National Guard, and providing 
transfer authority, to allow states to be reimbursed for 
National Guard activities related to border security and the 
current influx of illegal immigrants. The amendment also 
increases the rescission in section 201 by $35 million.
    2. Carter (TX): Strikes the bill's multilayered 
adjudicatory process for unaccompanied alien minors apprehended 
along the border. It inserts language to treat minors from 
Central American countries in the same expedited fashion as we 
treat minors from Mexico.
    3. Rogers, Mike (AL): Creates a new restriction that 
prevents the Secretary of Defense from allowing the placement 
of unauthorized aliens at military installations if doing so 
would displace members of the Armed Forces (including Guard and 
Reserve) or interfere with the activities of the Armed Forces 
(including Guard and Reserve).

 SUMMARY OF THE AMENDMENT TO H.R. 5272 IN PART B CONSIDERED AS ADOPTED

    1. Blackburn (TN): SUBSTITUTE Prevents the Administration 
from expending any funds to (1) adjudicate new applications 
under DACA or any similar memorandum or policy, (2) authorize a 
new deferred action program for any class of aliens; and (3) 
authorize work permits for unlawful aliens.

     PART A--TEXT OF AMENDMENTS TO H.R. 5230 CONSIDERED AS ADOPTED

           1. Amendment by Representative Rogers of Kentucky

    Page 6, after line 4, insert the following new section:
    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.
    Page 6, line 10, strike ``$12,419,000'' and insert 
``$47,419,000''.
    Page 7, line 6, strike ``GENERAL PROVISION'' and insert 
``GENERAL PROVISIONS''.
    Page 7, line 11, strike ``$35,000,000'' and insert 
``$70,000,000''.
    Page 7, after line 12, insert the following new section:
    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.
    Page 9, strike lines 15 through 18 and insert the 
following:
          (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
                              ----------                              


             2. Amendment by Representative Carter of Texas

  In the table of contents that begins on page 11, after line 
24, strike the items relating to sections 102 through 106 and 
insert the following:

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.

  Beginning on page 12, strike line 3 through page 29, line 9, 
and insert the following:

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.
  Page 29, strike lines 10 and 11 and insert the following:

SEC. 103. EMERGENCY IMMIGRATION JUDGE RESOURCES.

  Not later than 14 days after the
  Page 29, beginning on line 16, strike ``judges'' and all that 
follows through ``section 102.'' on line 20 and insert 
``judges.''.
  Page 29, strike line 24 through page 30, line 3.
  Page 30, line 4, strike ``105.'' and insert ``104.''.
  Page 31, line 17, strike ``106.'' and insert ``105.''.
                              ----------                              


            3. Amendment by Representative Rogers of Alabama

  Add, at the end of the bill the following:

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.
  In the table of contents that begins on page 11, after line 
24, insert after the item pertaining to section 302 the 
following:

Sec. 303. Limitation on placement of unauthorized aliens at military 
          installations.

      PART B--TEXT OF AMENDMENT TO H.R. 5272 CONSIDERED AS ADOPTED

         1. Amendment by Representative Blackburn of Tennessee

    Strike all that follows after the enacting clause, and 
insert the following:

SECTION 1. LIMITATION ON DEFERRED ACTION FOR CHILDHOOD ARRIVALS; 
                    RESTRICTIONS ON EMPLOYMENT AUTHORIZATION FOR ALIENS 
                    NOT IN LAWFUL STATUS.

    No agency or instrumentality of the Federal Government may 
use Federal funding or resources after July 30, 2014--
          (1) to consider or adjudicate any new or previously 
        denied application of any alien requesting 
        consideration of deferred action for childhood 
        arrivals, as authorized by Executive memorandum dated 
        June 15, 2012 and effective on August 15, 2012 (or by 
        any other succeeding Executive memorandum or policy 
        authorizing a similar program);
          (2) to newly authorize deferred action for any class 
        of aliens not lawfully present in the United States; or
          (3) to authorize any alien to work in the United 
        States if such alien--
                  (A) was not lawfully admitted into the United 
                States in compliance with the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.); and
                  (B) is not in lawful status in the United 
                States on the date of the enactment of this 
                Act.

                                  
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