[House Report 117-590]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-590

======================================================================
 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3648) TO AMEND THE 
IMMIGRATION AND NATIONALITY ACT TO ELIMINATE THE PER COUNTRY NUMERICAL 
LIMITATION FOR EMPLOYMENT-BASED IMMIGRANTS, TO INCREASE THE PER-COUNTRY 
  NUMERICAL LIMITATION FOR FAMILY-SPONSORED IMMIGRANTS, AND FOR OTHER 
   PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7946) TO 
 PROVIDE BENEFITS FOR NONCITIZEN MEMBERS OF THE ARMED FORCES, AND FOR 
                 OTHER PURPOSES; AND FOR OTHER PURPOSES

                                _______
                                

  December 6, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                      [To accompany H. Res. 1508]

    The Committee on Rules, having had under consideration 
House Resolution 1508, by a record vote of 8 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 consideration of H.R. 3648, the 
EAGLE Act of 2022, 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 or their designees. The resolution 
waives all points of order against consideration of the bill. 
The resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill, modified by the amendment printed in part 
A of the Rules Committee 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 makes in order only the 
further amendment printed in part B of this report. The 
amendment 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. The resolution waives all points of order against 
the amendment printed in part B of this report. The rule 
provides one motion to recommit. The resolution provides for 
consideration of H.R. 7946, the Veteran Service Recognition Act 
of 2022, 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 or their designees. The resolution waives all points 
of order against consideration of the bill. The resolution 
provides that the amendment in the nature of a substitute 
recommended by the Committee on the Judiciary now printed in 
the bill 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 makes in order only the amendment printed in part C 
of this report. The amendment 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. The resolution waives all 
points of order against the amendment printed in part C of this 
report. The resolution provides one motion to recommit. The 
resolution provides that at any time through the legislative 
day of December 8, 2022, the Speaker may entertain motions 
offered by the Majority Leader or a designee that the House 
suspend the rules with respect to multiple measures that were 
the object of motions to suspend the rules on the legislative 
day of December 5, December 6, December 7, or December 8, 2022, 
on which the yeas and nays were ordered and further proceedings 
postponed. The Chair shall put the question on any such motion 
without debate or intervening motion, and the ordering of the 
yeas and nays on postponed motions to suspend the rules with 
respect to such measures is vacated. The resolution provides 
that proceedings may be postponed through December 8, 2022, on 
measures that were the object of motions to suspend the rules 
on the legislative day of December 5, and on which the yeas and 
nays were ordered. The resolution waives clause 6(a) of rule 
XIII (requiring a two-thirds vote to consider a rule on the 
same day it is reported from the Rules Committee) against any 
resolution reported from the Rules Committee through the 
remainder of the 117th Congress.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 3648 includes waivers of the following:
    --Clause 10 of rule XXI, which prohibits consideration of a 
measure that has a net effect of increasing the deficit or 
reducing the surplus over the five- or 10-year period. H.R. 
3648 violates clause 10 of rule XXI over the 10 year period.
    --Section 302(f) of the Congressional Budget Act, which 
prohibits consideration of legislation providing new budget 
authority in excess of a 302(a) or 302(b) allocation of such 
authority.
    The waiver of all points of order against provisions in 
H.R. 3648, as amended, includes waivers of the following:
    --Clause 4 of rule XXI, which prohibits reporting a bill 
carrying an appropriation from a committee not having 
jurisdiction to report an appropriation.
    --Clause 5(a) of rule XXI, which prohibits a bill or joint 
resolution carrying a tax or tariff measure from being reported 
by a committee not having jurisdiction to report tax or tariff 
measures.
    Although the resolution waives all points of order against 
the amendment in Part B 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 
H.R. 7946 includes waivers of the following:
    --Clause 10 of rule XXI, which prohibits consideration of a 
measure that has a net effect of increasing the deficit or 
reducing the surplus over the five- or 10-year period.
    --Section 302(f) of the Congressional Budget Act, which 
prohibits consideration of legislation providing new budget 
authority in excess of a 302(a) or 302(b) allocation of such 
authority.
    --Section 303 of the Congressional Budget Act, which 
prohibits consideration of legislation, as reported, providing 
new budget authority, change in revenues, change in public 
debt, new entitlement authority or new credit authority for a 
fiscal year until the budget resolution for that year has been 
agreed to.
    Although the resolution waives all points of order against 
provisions in H.R. 7946, 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 
the amendment in Part C of this report, 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. 301

    Motion by Mr. Burgess to amend the rule to H.R. 7946 to 
make in order amendment #3, offered by Rep. Biggs (AZ), which 
requires that in order for the Advisory Committee to recommend 
an exercise of discretion regarding the removability of an 
alien, or in order for the DHS Secretary to grant LPR to a 
deported or removable veteran, if the removal of 
inadmissibility ground was based on a crime in which there was 
a victim, the victim must agree that discretion should be 
exercised and that all fines, fees, and restitution must have 
been satisfied. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................  ............
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 302

    Motion by Mr. Reschenthaler to amend the rule to H.R. 7946 
to make in order amendment #4, offered by Rep. Biggs (AZ), 
which prohibits the Secretary from waiving the unlawful voting 
ground of inadmissibility. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................  ............
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 303

    Motion by Mrs. Fischbach to amend the rule to H.R. 7946 to 
make in order amendment #2, offered by Rep. Fitzgerald (WI), 
which prevents the advisory committee from both blocking 
removal of those convicted of drug crimes, as well as granting 
a green card to an illegal alien who has committed drug crimes. 
Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Nay   Mr. Cole..........................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay   Mrs. Fischbach....................          Yea
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. Neguse......................................  ............
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 304

    Motion by Mr. Perlmutter to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Yea   Mr. Cole..........................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
Mr. Raskin......................................          Yea   Mr. Reschenthaler.................          Nay
Ms. Scanlon.....................................          Yea   Mrs. Fischbach....................          Nay
Mr. Morelle.....................................          Yea
Mr. DeSaulnier..................................          Yea
Ms. Ross........................................          Yea
Mr. Neguse......................................  ............
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

            SUMMARY OF THE AMENDMENT TO H.R. 3648 IN PART A 
                         CONSIDERED AS ADOPTED

    1. Nadler (NY): Applies the inadmissibility bar for 
membership in a communist or totalitarian party to noncitizens 
seeking a H-1B visa or admission in H-1B status.

            SUMMARY OF THE AMENDMENT TO H.R. 3648 IN PART B 
                             MADE IN ORDER

    1. Schneider (IL): Requires a GAO report analyzing the 
number of alien graduates of U.S. medical schools who maintain 
an active medical practice in medically-underserved areas in 
the U.S., as well as how these doctors and their medical 
practices are impacted by this legislation. (10 minutes)

            SUMMARY OF THE AMENDMENT TO H.R. 7946 IN PART C 
                             MADE IN ORDER

    1. Gonzalez, Vicente (TX): Requires the Secretary of 
Homeland to promulgate regulations to implement this Act not 
later than 90 days after the date of enactment of this Act. (10 
minutes)

      PART A--TEXT OF AMENDMENT TO H.R. 3648 CONSIDERED AS ADOPTED

  Page 18, after line 8, insert the following:
  (g) Membership in Totalitarian Party.--Section 214(g) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended 
by subsections (e) and (f), is further amended by adding at the 
end the following:
          ``(14)(A) Except as provided in this paragraph, an 
        alien who is or has been a member of or affiliated with 
        the Communist or any other totalitarian party (or 
        subdivision or affiliate thereof), domestic or foreign, 
        may not be issued a visa or admitted under section 
        101(a)(15)(H)(i).
          ``(B) Subparagraph (A) shall not apply to an alien 
        because of membership or affiliation if the alien 
        establishes to the satisfaction of the consular officer 
        when applying for a visa (or to the satisfaction of the 
        Secretary of Homeland Security when applying for 
        admission) under section 101(a)(15)(H)(i) that the 
        membership or affiliation is or was involuntary, or is 
        or was solely when under 16 years of age, by operation 
        of law, or for purposes of obtaining employment, food 
        rations, or other essentials of living and whether 
        necessary for such purposes.
          ``(C) Subparagraph (A) shall not apply to an alien 
        because of membership or affiliation if the alien 
        establishes to the satisfaction of the consular officer 
        when applying for a visa (or to the satisfaction of the 
        Secretary of Homeland Security when applying for 
        admission) under section 101(a)(15)(H)(i) that--
                  ``(i) the membership or affiliation 
                terminated at least--
                          ``(I) 2 years before the date of such 
                        application; or
                          ``(II) 5 years before the date of 
                        such application, in the case of an 
                        alien whose membership or affiliation 
                        was with the party controlling the 
                        government of a foreign state that is a 
                        totalitarian dictatorship as of such 
                        date; and
                  ``(ii) the alien is not a threat to the 
                security of the United States.
          ``(D) The Secretary of Homeland Security may, in the 
        Secretary's discretion, waive the application of 
        subparagraph (A) in the case of an alien who is the 
        parent, spouse, son, daughter, brother, or sister of a 
        citizen of the United States or a spouse, son, or 
        daughter of an alien lawfully admitted for permanent 
        residence for humanitarian purposes, to assure family 
        unity, or when it is otherwise in the public interest 
        if the alien is not a threat to the security of the 
        United States.''.

          PART B--TEXT OF AMENDMENT TO H.R. 3648 MADE IN ORDER

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

  Add at the end of the bill the following:

SEC. 8. REPORT ON MEDICAL DOCTORS SERVING UNDERSERVED AREAS.

  (a) Study.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United 
States shall carry out a study assessing the impact of this Act 
and the amendments made by this Act on the ability of alien 
graduates of medical school to maintain their practice in the 
United States, including how many of such graduates have 
maintained their practice in the United States as a result of 
this Act and the amendments made by this Act.
  (b) Report.--Not later than 90 days after the date of 
completion of the study under subsection (a), the Comptroller 
General shall submit a report that includes the findings of 
such study to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate.

          PART C--TEXT OF AMENDMENT TO H.R. 7946 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Gonzalez of Texas or 
                 His Designee, Debatable for 10 Minutes

  Add at the end of the bill the following:

SEC. 10. REGULATIONS.

  Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Homeland shall promulgate 
regulations to implement this Act.

                                  [all]