[House Report 114-2]
[From the U.S. Government Publishing Office]


114th Congress                                                   Report
                   }    HOUSE OF REPRESENTATIVES      {
                   }                                  {
 1st Session                                                      114-2

======================================================================
 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 37) TO MAKE TECHNICAL 
     CORRECTIONS TO THE DODD-FRANK WALL STREET REFORM AND CONSUMER 
  PROTECTION ACT, TO ENHANCE THE ABILITY OF SMALL AND EMERGING GROWTH 
  COMPANIES TO ACCESS CAPITAL THROUGH PUBLIC AND PRIVATE MARKETS, TO 
   REDUCE REGULATORY BURDENS, AND FOR OTHER PURPOSES; PROVIDING FOR 
  CONSIDERATION OF THE BILL (H.R. 185) TO REFORM THE PROCESS BY WHICH 
  FEDERAL AGENCIES ANALYZE AND FORMULATE NEW REGULATIONS AND GUIDANCE 
   DOCUMENTS; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 240) 
 MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE 
     FISCAL YEAR ENDING SEPTEMBER 30, 2015, AND FOR OTHER PURPOSES

                                _______
                                

  January 12, 2015.--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. 27]

    The Committee on Rules, having had under consideration 
House Resolution 27, by a record vote of 7 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 37, the 
Promoting Job Creation and Reducing Small Business Burdens Act, 
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 Financial Services. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution provides one 
motion to recommit.
    Section 2 of the resolution provides for consideration of 
H.R. 185, the Regulatory Accountability Act of 2015, under a 
structured rule. The resolution provides one hour of general 
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 and provides that it shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill. The resolution makes in order only those amendments 
printed in part A of this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in part A of 
this report. The resolution provides one motion to recommit 
with or without instructions.
    Section 3 of the resolution provides for consideration of 
H.R. 240, the Department of Homeland Security Appropriations 
Act, 2015, under a structured rule. The resolution provides two 
hours of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on 
Appropriations. The resolution waives all points of order 
against consideration of the bill and provides that it shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. Makes in order only those 
amendments printed in part B of this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments in 
part B of this report. Provides one motion to recommit with or 
without instructions.
    Section 4 of the resolution provides that the chair of the 
Committee on Appropriations may insert in the Congressional 
Record not later than January 14, 2015, such material as he may 
deem explanatory of H.R. 240.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 37, 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. 37, 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. 185, 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. 185, 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 
the amendments to H.R. 185 printed in part A of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.
    The waiver of all points of order against consideration of 
the H.R. 240 includes a waiver of Section 3(d)(5) of H. Res. 5 
of the 114th Congress, which prohibits the consideration of a 
general appropriations bill in the Committee of the Whole 
unless it includes a spending reduction account.
    Although the resolution waives all points of order against 
provisions in H.R. 240, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against amendments to 
H.R. 240 printed in part B of this report includes a waiver of 
clause 2 of rule XXI, which prohibits consideration of an 
amendment to a general appropriation bill if changing existing 
law.
    Additionally, the waiver for amendments #1 (Aderholt) and 
#2 (Blackburn) includes a waiver of section 311 of the 
Congressional Budget Act, prohibiting consideration of any 
amendment that would cause revenues to be less than the level 
of total revenues for the first fiscal year or for the total of 
that first fiscal year and the ensuing fiscal years for which 
allocations are provided. The amendments by Representatives 
Aderholt and Blackburn would reduce both direct spending and 
revenues.

                            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. 8

    Motion by Ms. Slaughter to amend the resolution to remove 
the special waivers of points of order for the amendments to 
H.R. 240, the Homeland Security Appropriations bill. Defeated: 
3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................  ............
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 9

    Motion by Mr. Polis to add a section to the resolution that 
requires the House to consider a bill consisting of the text of 
H.R. 15 from the last Congress, the bipartisan, Senate-passed 
comprehensive immigration reform bill. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................  ............
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 10

    Motion by Mr. Polis to amend the rule to H.R. 37 to make in 
order and provide the appropriate waivers for amendment #8, 
offered by Rep. Ellison (MN), Rep. Issa (CA), and Rep. Polis 
(CO), which strikes Title VII. Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................  ............
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 11

    Motion by Ms. Foxx to report the rule. Adopted: 7-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................  ............
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 185 IN PART A MADE IN ORDER

    1. McKinley (WV): Ensures that the Agencies, when 
developing regulations, take into consideration and account for 
low-income populations. Furthermore, the Amendment provides 
that no particular class or race is excluded when it comes to 
looking at costs and benefits of the regulation. (10 minutes)
    2. Johnson, Hank (GA): Exempts from H.R. 185 all rules or 
guidance that the Director of the Office of Management and 
Budget determines would result in net job creation. (10 
minutes)
    3. Jackson Lee (TX): Exempts all rules promulgated by the 
Department of Homeland Security. (10 minutes)
    4. Connolly (VA): Exempts any rule or guidance pertaining 
to public health or safety. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 240 IN PART B MADE IN ORDER

    1. Aderholt (AL), Mulvaney (SC), Barletta (PA): 1) Prevents 
any funds from whatever source to be used to carry-out (1) the 
Executive actions announced on November 20, 2014 to grant 
deferred action to certain unlawful aliens and for other 
purposes, and (2) four of the ``Morton Memos'' on prosecutorial 
discretion and immigration enforcement priorities issued in 
2011 and 2012 that effectively prevent certain classes of 
unlawful aliens from being removed from the country. 2) 
Declares that no funds may be used to carry-out any 
substantially similar policies to those defunded. 3) Declares 
that the policies defunded and any substantially similar 
policies have no statutory or constitutional basis and 
therefore no legal effect. 4) Provides that no funds may be 
used to grant any Federal benefit to any alien as a result of 
the policies defunded. (20 minutes)
    2. Blackburn (TN): Provides that no funds may be used to 
consider new, renewal or previously denied DACA applications. 
(10 minutes)
    3. DeSantis (FL), Roby (AL): Requires that DHS treat any 
alien convicted of any offense involving domestic violence, 
sexual abuse, child molestation, or child abuse or exploitation 
as within the categories of aliens subject to DHS's highest 
civil immigration enforcement. (10 minutes)
    4. Salmon (AZ), Thompson, Glenn (PA): Expresses a sense of 
Congress that the Executive Branch should not pursue policies 
that disadvantage the hiring of U.S. citizens and those 
lawfully present in the United States by making it economically 
advantageous to hire workers who came to the country illegally. 
(10 minutes)
    5. Schock (IL): Sense of Congress that the Administration 
should stop putting the interest of immigrants who worked 
within the legal framework to come to the US behind those who 
came here illegally. (10 minutes)

          PART A--TEXT OF AMENDMENTS TO H.R. 185 MADE IN ORDER

   1. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 8, line 8, strike ``and economic competitiveness'' and 
insert the following: ``economic competitiveness, and impacts 
on low income populations''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Add, at the end of the bill, the following:

SEC. 10. EXEMPTION FOR CERTAIN RULES AND GUIDANCE.

  (a) In General.--Chapter 5 of title 5, United States Code, is 
amended by inserting after section 553a (as inserted by section 
4 of this Act) the following new section:

``Sec. 553b. Exemption for certain rules and guidance

  ``Sections 551, 553, 556, 701(b), 704, and 706, as amended by 
the Regulatory Accountability Act of 2015, and section 553a 
shall not apply in the case of any rule or guidance proposed, 
issued, or made that the Director of the Office of Management 
and Budget determines would result in net job creation. 
Sections 551, 553, 556, 701(b), 704, and 706, as in effect 
before the enactment of the Regulatory Accountability Act of 
2015, shall apply to such proposed rules, final rules, or 
guidance, as appropriate.''.
  (b) Clerical Amendment.--The table of sections for chapter 5 
of title 5, United States Code, is amended by inserting after 
the item relating to section 553 the following new item:

``553b. Exemption for certain rules and guidance.''''.
                    ____________________________________________________

3. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Add, at the end of the bill, the following:

SEC. 10. EXEMPTION FOR CERTAIN RULES AND GUIDANCE.

  (a) In General.--Chapter 5 of title 5, United States Code, is 
amended by inserting after section 553a (as inserted by section 
4 of this Act) the following new section:

``Sec. 553b. Exemption for certain rules and guidance

  ``Sections 551, 553, 556, 701(b), 704, and 706, as amended by 
the Regulatory Accountability Act of 2015, and section 553a 
shall not apply in the case of any rule or guidance proposed, 
issued, or made by the Secretary of Homeland Security. Sections 
551, 553, 556, 701(b), 704, and 706, as in effect before the 
enactment of the Regulatory Accountability Act of 2015, shall 
apply to such proposed rules, final rules, or guidance, as 
appropriate.''.
  (b) Clerical Amendment.--The table of sections for chapter 5 
of title 5, United States Code, is amended by inserting after 
the item relating to section 553 the following new item:

``553b. Exemption for certain rules and guidance.''''.
                              ----------                              


4. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Add, at the end of the bill, the following:

SEC. 10. EXEMPTION FOR CERTAIN RULES AND GUIDANCE.

  (a) In General.--Chapter 5 of title 5, United States Code, is 
amended by inserting after section 553a (as inserted by section 
4 of this Act) the following new section:

``Sec. 553b. Exemption for certain rules and guidance

  ``Sections 551, 553, 556, 701(b), 704, and 706, as amended by 
the Regulatory Accountability Act of 2015, and section 553a 
shall not apply in the case of a rule or guidance proposed, 
made, or issued which relates to health or public safety. 
Sections 551, 553, 556, 701(b), 704, and 706, as in effect 
before the enactment of the Regulatory Accountability Act of 
2015, shall apply to such proposed rules, final rules, or 
guidance, as appropriate.''.
  (b) Clerical Amendment.--The table of sections for chapter 5 
of title 5, United States Code, is amended by inserting after 
the item relating to section 553 the following new item:

``553b. Exemption for certain rules and guidance.''''.

          PART B--TEXT OF AMENDMENTS TO H.R. 240 MADE IN ORDER

1. An Amendment To Be Offered by Representative Aderholt of Alabama or 
                 His Designee, Debatable for 20 Minutes

  At the end of the bill (before the short title), insert the 
following:

  Sec. ____. (a) No funds, resources, or fees made available to 
the Secretary of Homeland Security, or to any other official of 
a Federal agency, by this Act or any other Act for any fiscal 
year, including any deposits into the ``Immigration 
Examinations Fee Account'' established under section 286(m) of 
the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be 
used to implement, administer, enforce, or carry out (including 
through the issuance of any regulations) any of the policy 
changes set forth in the following memoranda (or any 
substantially similar policy changes issued or taken on or 
after January 9, 2015, whether set forth in memorandum, 
Executive order, regulation, directive, or by other action):
          (1) The memorandum from the Director of U.S. 
        Immigration and Customs Enforcement entitled ``Civil 
        Immigration Enforcement: Priorities for the 
        Apprehension, Detention, and Removal of Aliens'' dated 
        March 2, 2011.
          (2) The memorandum from the Director of U.S. 
        Immigration and Customs Enforcement entitled 
        ``Exercising Prosecutorial Discretion Consistent with 
        the Civil Immigration Enforcement Priorities of the 
        Agency for the Apprehension, Detention, and Removal of 
        Aliens'' dated June 17, 2011.
          (3) The memorandum from the Principal Legal Advisor 
        of U.S. Immigration and Customs Enforcement entitled 
        ``Case-by-Case Review of Incoming and Certain Pending 
        Cases'' dated November 17, 2011.
          (4) The memorandum from the Director of U.S. 
        Immigration and Customs Enforcement entitled ``Civil 
        Immigration Enforcement: Guidance on the Use of 
        Detainers in the Federal, State, Local, and Tribal 
        Criminal Justice Systems'' dated December 21, 2012.
          (5) The memorandum from the Secretary of Homeland 
        Security entitled ``Southern Border and Approaches 
        Campaign'' dated November 20, 2014.
          (6) The memorandum from the Secretary of Homeland 
        Security entitled ``Policies for the Apprehension, 
        Detention and Removal of Undocumented Immigrants'' 
        dated November 20, 2014.
          (7) The memorandum from the Secretary of Homeland 
        Security entitled ``Secure Communities'' dated November 
        20, 2014.
          (8) The memorandum from the Secretary of Homeland 
        Security entitled ``Exercising Prosecutorial Discretion 
        with Respect to Individuals Who Came to the United 
        States as Children and with Respect to Certain 
        Individuals Who Are the Parents of U.S. Citizens or 
        Permanent Residents'' dated November 20, 2014.
          (9) The memorandum from the Secretary of Homeland 
        Security entitled ``Expansion of the Provisional Waiver 
        Program'' dated November 20, 2014.
          (10) The memorandum from the Secretary of Homeland 
        Security entitled ``Policies Supporting U.S. High-
        Skilled Businesses and Workers'' dated November 20, 
        2014.
          (11) The memorandum from the Secretary of Homeland 
        Security entitled ``Families of U.S. Armed Forces 
        Members and Enlistees'' dated November 20, 2014.
          (12) The memorandum from the Secretary of Homeland 
        Security entitled ``Directive to Provide Consistency 
        Regarding Advance Parole'' dated November 20, 2014.
          (13) The memorandum from the Secretary of Homeland 
        Security entitled ``Policies to Promote and Increase 
        Access to U.S. Citizenship'' dated November 20, 2014.
          (14) The memorandum from the President entitled 
        ``Modernizing and Streamlining the U.S. Immigrant Visa 
        System for the 21st Century'' dated November 21, 2014.
          (15) The memorandum from the President entitled 
        ``Creating Welcoming Communities and Fully Integrating 
        Immigrants and Refugees'' dated November 21, 2014.
  (b) The memoranda referred to in subsection (a) (or any 
substantially similar policy changes issued or taken on or 
after January 9, 2015, whether set forth in memorandum, 
Executive order, regulation, directive, or by other action) 
have no statutory or constitutional basis and therefore have no 
legal effect.
  (c) No funds or fees made available to the Secretary of 
Homeland Security, or to any other official of a Federal 
agency, by this Act or any other Act for any fiscal year, 
including any deposits into the ``Immigration Examinations Fee 
Account'' established under section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)), may be used to grant 
any Federal benefit to any alien pursuant to any of the policy 
changes set forth in the memoranda referred to in subsection 
(a) (or any substantially similar policy changes issued or 
taken on or after January 9, 2015, whether set forth in 
memorandum, Executive order, regulation, directive, or by other 
action).
  (d) The budgetary effects of this section shall not be 
entered on either PAYGO scorecard maintained pursuant to 
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
  (e) Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the joint explanatory statement of the 
committee of conference accompanying Conference Report 105-217 
and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the budgetary effects of this 
section shall not be estimated--
          (1) for purposes of section 251 of the such Act; and
          (2) for purposes of paragraph 4(C) of section 3 of 
        the Statutory Pay-As-You-Go Act of 2010 as being 
        included in an appropriation Act.
                              ----------                              


2. An Amendment To Be Offered by Representative Blackburn of Tennessee 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

  Sec. ___. (a) No funds, resources or fees made available to 
the Secretary of Homeland Security, or to any other official of 
a Federal agency, by this Act or any other Act for any fiscal 
year, including any deposits into the ``Immigration 
Examinations Fee Account'' established under section 286(m) of 
the Immigration and Nationality Act (8 USC 1356(m)), may be 
used to consider or adjudicate any new, renewal or previously 
denied application for any alien requesting consideration of 
deferred action for childhood arrivals, as authorized by the 
Executive memorandum dated June 15, 2012, and effective on 
August 15, 2012 (or any substantially similar policy changes 
issued or taken on or after January 9, 2015, whether set forth 
in memorandum, Executive order, regulation, directive, or by 
other action).
  (b) The budgetary effects of this section shall not be 
entered on either PAYGO scorecard maintained pursuant to 
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
  (c) Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the joint explanatory statement of the 
committee of conference accompanying Conference Report 105-217 
and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the budgetary effects of this 
section shall not be estimated--
          (1) for purposes of section 251 of the such Act; and
          (2) for purposes of paragraph 4(C) of section 3 of 
        the Statutory Pay-As-You-Go Act of 2010 as being 
        included in an appropriation Act.
                              ----------                              


3. An Amendment To Be Offered by Representative DeSantis of Florida or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

  Sec. ___. (a) No funds or fees made available to the 
Secretary of Homeland Security by this Act or any other Act for 
any fiscal year may be used to implement, administer, enforce, 
or carry out (including through the issuance of any 
regulations) any policy relating to the apprehension, 
detention, or removal of aliens that does not treat any alien 
convicted of any offense involving domestic violence, sexual 
abuse, child molestation, or child exploitation as within the 
categories of aliens subject to the Department of Homeland 
Security's highest civil immigration enforcement priorities.
  (b) The budgetary effects of this section shall not be 
entered on either PAYGO scorecard maintained pursuant to 
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
  (c) Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the joint explanatory statement of the 
committee of conference accompanying Conference Report 105-217 
and section 250(c)(8) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the budgetary effects of this 
section shall not be estimated--
          (1) for purposes of section 251 of the such Act; and
          (2) for purposes of paragraph 4(C) of section 3 of 
        the Statutory Pay-As-You-Go Act of 2010 as being 
        included in an appropriation Act.
                              ----------                              


 4. An Amendment To Be Offered by Representative Salmon of Arizona or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

  Sec. __. (a) The Congress finds that--
  (1) under the Patient Protection and Affordable Care Act 
(Public Law 111-148), many individuals and businesses are 
required to purchase health insurance coverage for themselves 
and their employees;
  (2) individuals who were unlawfully present in the United 
States who have been granted deferred action under the Deferred 
Action for Childhood Arrivals Program undertaken by the 
Executive Branch and who then receive work authorization are 
exempt from these requirements;
  (3) many United States employers hiring United States 
citizens or individuals legally present in the United States 
are required to either offer those persons affordable health 
insurance or pay a penalty of approximately $3,000 per employee 
per year; and
  (4) an employer does not have to provide insurance, or in 
many instances pay a penalty, if they hire individuals who were 
not lawfully present but who have been granted deferred action 
under the Deferred Action for Childhood Arrivals Program and 
work authorization.
  (b) It is the sense of the Congress that--
  (1) this disparate treatment has the unacceptable effect of 
discouraging the hiring of United States citizens and those in 
a lawful immigration status in the United States; and
  (2) the Executive Branch should refrain from pursuing 
policies, such as granting deferred action under the Deferred 
Action for Childhood Arrivals Program and work authorization to 
unlawfully present individuals, that disadvantage the hiring of 
United States citizens and those in a lawful immigration status 
in the United States.
                              ----------                              


 5. An Amendment To Be Offered by Representative Schock of Illinois or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

  Sec. ___.  It is the sense of the Congress that the Director 
of U.S. Citizenship and Immigration Services (USCIS) should--
          (1) stop putting the interests of aliens who are 
        unlawfully present in the United States ahead of the 
        interests of aliens who are following proper 
        immigration laws and procedures by adjudicating 
        petitions and applications for immigration benefits 
        submitted by aliens unlawfully present in the United 
        States. When USCIS adjudicators and resources are used 
        to adjudicate petitions and applications for aliens who 
        are unlawfully present, the time it takes to process 
        petitions and applications submitted by other aliens is 
        significantly increased and a backlog is created. In 
        addition, it is unfair to use the fees paid by other 
        aliens to cover the costs of adjudicating petitions and 
        applications for aliens unlawfully present in the 
        United States; and
          (2) use the funds available under existing law to 
        improve services and increase the efficiency of the 
        immigration benefits application process for aliens 
        abroad or who are lawfully present in the United 
        States.