[House Report 113-646]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-646

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
    3979) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO ENSURE THAT 
 EMERGENCY SERVICES VOLUNTEERS ARE NOT TAKEN INTO ACCOUNT AS EMPLOYEES 
 UNDER THE SHARED RESPONSIBILITY REQUIREMENTS CONTAINED IN THE PATIENT 
PROTECTION AND AFFORDABLE CARE ACT; PROVIDING FOR CONSIDERATION OF THE 
  BILL (H.R. 5759) TO ESTABLISH A RULE OF CONSTRUCTION CLARIFYING THE 
    LIMITATIONS ON EXECUTIVE AUTHORITY TO PROVIDE CERTAIN FORMS OF 
 IMMIGRATION RELIEF; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 
    5781) TO PROVIDE SHORT-TERM WATER SUPPLIES TO DROUGHT-STRICKEN 
                               CALIFORNIA

                                _______
                                

  December 3, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 770]

    The Committee on Rules, having had under consideration 
House Resolution 770, by a record vote of 6 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 the consideration of the Senate 
amendment to H.R. 3979. The resolution makes in order a motion 
offered by the chair of the Committee on Armed Services or his 
designee that the House concur in the Senate amendment with an 
amendment consisting of the text of Rules Committee Print 113-
58 modified by the amendments printed in part A of this report. 
The resolution waives all points of order against consideration 
of the motion. The resolution provides that the Senate 
amendment and the motion shall be considered as read. The 
resolution provides one hour of debate on the motion equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Armed Services.
    Section 2 of the resolution provides for consideration of 
H.R. 5759, the Executive Amnesty Prevention Act of 2014, 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 in the 
nature of a substitute 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 provides for consideration of 
H.R. 5781, the California Emergency Drought Relief Act of 2014, 
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 Natural Resources. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the amendment printed in 
part C 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 4 of the resolution provides that the chair of the 
Committee on Armed Services may insert in the Congressional 
Record at any time during the remainder of the second session 
of the 113th Congress such material as he may deem explanatory 
of defense authorization measures for the fiscal year 2015.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion includes waivers of the following:
    Clause 4 of rule XXI, prohibiting consideration of an 
amendment proposing an appropriation to a bill reported by a 
committee not having that jurisdiction;
    Clause 7 of rule XVI, requiring that no motion or 
proposition on a subject different from that under 
consideration shall be admitted under color of amendment;
    Section 302(f) of the Congressional Budget Act, which 
prohibits consideration of amendments providing new budget 
authority in excess of a 302(a) allocation of such authority; 
and
    Section 306 of the Congressional Budget Act, prohibiting 
consideration of legislation within the jurisdiction of the 
Committee on the Budget unless referred to or reported by the 
Budget Committee.
    Although the resolution waives all points of order against 
consideration of H.R. 5759, 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. 5759, 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. 5781, 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. 5781, 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. 196

    Motion by Mr. Cole to amend the rule for the Senate 
Amendment to H.R. 3979 to make in order and provide the 
appropriate waivers for amendment #4 to Rules Committee Print 
113-58, offered by Rep. Cole (OK) and Rep. Mullin (OK), which 
strikes section 3003, relating to Southeast Arizona land 
exchange and conservation, from the bill. Defeated: 4-6

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

Rules Committee record vote No. 197

    Motion by Ms. Slaughter to report open rules for H.R. 5759 
and H.R. 5781. Defeated: 3-7

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

Rules Committee record vote No. 198

    Motion by Ms. Slaughter to amend the Senate Amendment to 
H.R. 3979 to make in order and provide the appropriate waivers 
for amendment #5 to Rules Committee Print 113-58, offered by 
Rep. Coffman (CO), which prohibits U.S. funds from being used 
to pay the salaries of the Iraqi security forces or to provide 
weapons or equipment to the Iraqi security forces. Defeated: 3-
7

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

Rules Committee record vote No. 199

    Motion by Mr. McGovern to amend the rule for the Senate 
Amendment to H.R. 3979 to make in order and provide the 
appropriate waivers for amendment #1 to Rules Committee Print 
113-58, offered by Rep. McGovern (MA) and Rep. Jones (NC), 
which provides that no funds are authorized for military 
operations related to Operation Inherent Resolve (war against 
the Islamic State in Iraq, Syria and elsewhere) until Congress 
authorizes such operations. Defeated: 3-7

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

Rules Committee record vote No. 200

    Motion by Mr. McGovern to amend the rule for the Senate 
Amendment to H.R. 3979 to make in order and provide the 
appropriate waivers for amendment #2 to Rules Committee Print 
113-58, offered by Rep. McGovern (MA) and Rep. Smith (WA) and 
Rep. Jones (NC), which requires that the President must send to 
Congress determination describing post-2014 deployment of U.S. 
troops in Afghanistan by no later than March 31, 2015 and 
Congress must vote on a joint resolution to authorize this 
deployment no later than 30 days after receiving the 
President's determination. Defeated: 3-7

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

Rules Committee record vote No. 201

    Motion by Mr. McGovern to amend the rule for the Senate 
Amendment to H.R. 3979 to make in order and provide the 
appropriate waivers for amendment #3 to Rules Committee Print 
113-58, offered by Rep. McGovern (MA) and Rep. Jones (NC) and 
Rep. Van Hollen (MD), which provides that none of the funds 
authorized to be appropriated in this Act may be used to deploy 
U.S. ground forces in a combat role to Iraq, Syria, or other 
countries in the region related to Operation Inherent Resolve. 
Defeated: 3-7

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

Rules Committee record vote No. 202

    Motion by Mr. Hastings of Florida to amend the rule for the 
Senate Amendment to H.R. 3979 to make in order and provide the 
appropriate waivers for amendment #7 to Rules Committee Print 
113-58, offered by Rep. Polis (CO), which adds a provision 
prohibiting employers, employment agencies, labor 
organizations, and joint labor-management committees from 
engaging in employment discrimination on the basis of an 
individual's actual or perceived sexual orientation or gender 
identity. Defeated: 3-7

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

Rules Committee record vote No. 203

    Motion by Ms. Foxx to report the rule. Adopted: 6-4

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

    SUMMARY OF THE AMENDMENTS TO THE HOUSE AMENDMENT TO THE SENATE 
         AMENDMENT TO H.R. 3979 IN PART A CONSIDERED AS ADOPTED

    1. Sessions (TX): Makes technical changes to the amendatory 
instructions.
    2. Royce (CA): Inserts language identical to H.R. 5681 to 
extend for another ten years the United States-United Kingdom 
Mutual Defense Agreement, an agreement in place since 1958 that 
governs nuclear cooperation with our closest NATO partner.

 SUMMARY OF THE AMENDMENT TO H.R. 5759 IN PART B CONSIDERED AS ADOPTED

    Yoho (FL): Changes the short title to ``Preventing 
Executive Overreach on Immigration Act''; adds six 
congressional findings related to the President's 
unconstitutional actions; adds necessary exceptions for 
imminent humanitarian and law enforcement reasons; and makes 
the effective date November 20, 2014.

 SUMMARY OF THE AMENDMENT TO H.R. 5781 IN PART C CONSIDERED AS ADOPTED

    Hastings, Doc (WA): Makes technical and conforming changes 
to the bill.

    PART A--TEXT OF AMENDMENTS TO THE HOUSE AMENDMENT TO THE SENATE 
              AMENDMENT TO H.R. 3979 CONSIDERED AS ADOPTED

                            Amendment No. 1

    Strike the amendatory instructions on page 1 of Rules 
Committee Print 113-58 and insert the following: ``In lieu of 
the matter proposed to be inserted by the Senate amendment to 
H.R. 3979, insert the following:''.
                              ----------                              


                            Amendment No. 2

    At the end of subtitle E of title XII of division A (page 
764, after line 10), add the following:

SEC. 1280. APPROVAL OF THE AMENDMENT TO THE AGREEMENT BETWEEN THE 
                    GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 
                    GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN 
                    AND NORTHERN IRELAND FOR COOPERATION ON THE USES OF 
                    ATOMIC ENERGY FOR MUTUAL DEFENSE PURPOSES.

    (a) In General.--Notwithstanding the provisions for 
congressional consideration of a proposed agreement for 
cooperation in subsection d. of section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153), the amendments to the 
Agreement Between the Government of the United States of 
America and the Government of the United Kingdom of Great 
Britain and Northern Ireland for Cooperation on the Uses of 
Atomic Energy for Mutual Defense Purposes, done at Washington, 
July 22, 2014, and transmitted to Congress on July 24, 2014, 
including all portions thereof (hereinafter in this section 
referred to as the ``Amendment''), may be brought into effect 
on after the date of the enactment of this Act as if all the 
requirements in such section 123 for consideration of the 
Amendment had been satisfied, subject to subsection (b) of this 
section.
    (b) Applicability of Atomic Energy Act of 1954 and Other 
Provisions of Law.--Upon coming into effect, the Amendment 
shall be subject to the provisions of the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.) and any other applicable United 
States law as if the Amendment had come into effect in 
accordance with the requirements of section 123 of the Atomic 
Energy Act of 1954.

      PART B--TEXT OF AMENDMENT TO H.R. 5759 CONSIDERED AS ADOPTED

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Preventing Executive Overreach 
on Immigration Act of 2014''.

SEC. 2. FINDINGS.

  The Congress finds as follows:
          (1) Under article I, section 8, of the Constitution, 
        the Congress has the power to ``establish an uniform 
        Rule of Naturalization''. As the Supreme Court found in 
        Galvan v. Press, ``that the formulation of . . . 
        policies [pertaining to the entry of aliens and their 
        right to remain here] is entrusted exclusively to 
        Congress has become about as firmly imbedded in the 
        legislative and judicial tissues of our body politic as 
        any aspect of our government''.
          (2) Under article II, section 3, of the Constitution, 
        the President is required to ``take Care that the Laws 
        be faithfully executed''.
          (3) Historically, executive branch officials have 
        legitimately exercised their prosecutorial discretion 
        through their constitutional power over foreign affairs 
        to permit individuals or narrow groups of noncitizens 
        to remain in the United States temporarily due to 
        extraordinary circumstances in their country of origin 
        that pose an imminent threat to the individuals' life 
        or physical safety.
          (4) Prosecutorial discretion generally ought to be 
        applied on a case-by-case basis and not to whole 
        categories of persons.
          (5) President Obama himself has stated at least 22 
        times in the past that he can't ignore existing 
        immigration law or create his own immigration law.
          (6) President Obama's grant of deferred action to 
        more than 4,000,000 unlawfully present aliens, as 
        directed in a November 20, 2014, memorandum issued by 
        Secretary of Homeland Security Jeh Charles Johnson, is 
        without any constitutional or statutory basis.

SEC. 3. RULE OF CONSTRUCTION.

  (a) In General.--Notwithstanding any other law, the executive 
branch of the Government shall not--
          (1) exempt or defer, by Executive order, regulation, 
        or any other means, categories of aliens considered 
        under the immigration laws (as defined in section 
        101(a)(17) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(17))) to be unlawfully present in the 
        United States from removal under such laws;
          (2) treat such aliens as if they were lawfully 
        present or had a lawful immigration status; or
          (3) treat such aliens other than as unauthorized 
        aliens (as defined in section 274A(h)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1324a(h)(3))).
  (b) Exceptions.--Subsection (a) shall apply except--
          (1) to the extent prohibited by the Constitution;
          (2) upon the request of Federal, State, or local law 
        enforcement agencies, for purposes of maintaining 
        aliens in the United States to be tried for crimes or 
        to be witnesses at trial; or
          (3) for humanitarian purposes where the aliens are at 
        imminent risk of serious bodily harm or death.
  (c) Effect of Executive Action.--Any action by the executive 
branch with the purpose of circumventing the objectives of this 
section shall be null and void and without legal effect.
  (d) Effective Date.--This section shall take effect as if 
enacted on November 20, 2014, and shall apply to requests 
(regardless of whether the request is original or for reopening 
of a previously denied request) submitted on or after such date 
for --
          (1) work authorization; or
          (2) exemption from, or deferral of, removal.

      PART C--TEXT OF AMENDMENT TO H.R. 5781 CONSIDERED AS ADOPTED

  Page 14, line 2, strike ``Commissioner of Reclamation'' and 
insert ``Secretary of the Interior''.
  Page 14, line 25, strike ``Commissioner'' and insert 
``Secretary of the Interior''.
  Page 15, beginning on line 19, strike ``Commissioner'' and 
insert ``Secretary of the Interior''.
  Page 16, line 1, strike ``Commissioner'' and insert 
``Secretary of the Interior''.
  Page 18, beginning on line 1, strike ``Smelt Biological 
Opinion and the Salmonid Biological Opinion'' and insert 
``smelt biological opinion and the salmonid biological 
opinion''.
  Page 18, beginning on line 8, strike ``Smelt Biological 
Opinion and the Salmonid Biological Opinion'' and insert 
``smelt biological opinion and the salmonid biological 
opinion''.
  Page 18, beginning on line 20, strike ``Biological Opinions'' 
and insert ``smelt biological opinion and the salmonid 
biological opinion''.
  Page 19, beginning on line 12, strike ``Secretary of the 
Interior or the Secretary of Commerce'' and insert 
``Secretaries''.
  Page 19, line 20, strike ``NEPA'' and insert ``Endangered 
Species Act''.
  Page 23, line 18, strike ``Secretary of the Interior's'' and 
insert ``Secretary's''.
  Page 23, line 21, strike the comma before ``(Public''.
  Page 24, line 5, strike ``of the Interior''.
  Page 24, line 8, strike ``of the Interior''.
  Page 24, line 13, strike ``Secretary of the Interior's'' and 
insert ``Secretary's''.
  Page 25, beginning on line 2, strike ``direct that the United 
States Bureau of Reclamation''.