[House Report 118-280]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      118-280

====================================================================== 
 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5283) TO PROHIBIT THE USE 
  OF FEDERAL FUNDS TO PROVIDE HOUSING TO SPECIFIED ALIENS ON ANY LAND 
 UNDER THE ADMINISTRATIVE JURISDICTION OF THE FEDERAL LAND MANAGEMENT 
AGENCIES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5961) TO FREEZE 
  CERTAIN IRANIAN FUNDS INVOLVED IN THE 2023 HOSTAGE DEAL BETWEEN THE 
   UNITED STATES AND IRAN, AND FOR OTHER PURPOSES; AND PROVIDING FOR 
  CONSIDERATION OF THE JOINT RESOLUTION (S.J. RES. 32) PROVIDING FOR 
  CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED STATES 
    CODE, OF THE RULE SUBMITTED BY THE BUREAU OF CONSUMER FINANCIAL 
PROTECTION RELATING TO ``SMALL BUSINESS LENDING UNDER THE EQUAL CREDIT 
                    OPPORTUNITY ACT (REGULATION B)''

                                _______
                                

 November 28, 2023.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 891]

    The Committee on Rules, having had under consideration 
House Resolution 891, 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 consideration of H.R. 5283, the 
Protecting our Communities from Failure to Secure the Border 
Act of 2023, under a structured rule. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Natural Resources or their respective designees. 
The resolution provides that an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 118-
15 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 those amendments printed in part 
A of the report. Each amendment shall be considered only in the 
order printed in the report, may be offered only by a Member 
designated in the report, shall be considered as read, shall be 
debatable for the time specified in the 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. All points of order against the 
amendments printed in part A of the report are waived. The 
resolution provides one motion to recommit. The resolution 
further provides for consideration of H.R. 5961, the No Funds 
for Iranian Terrorism Act, under a structured rule. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Foreign Affairs or their 
respective designees. The resolution provides that an amendment 
in the nature of a substitute consisting of the text of Rules 
Committee Print 118-14, modified by the amendment printed in 
part B of the 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 those amendments 
printed in part C of the report. Each amendment shall be 
considered only in the order printed in the report, may be 
offered only by a Member designated in the report, shall be 
considered as read, shall be debatable for the time specified 
in the 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. All 
points of order against the amendments printed in part C of the 
report are waived. The resolution provides one motion to 
recommit. The resolution further provides for consideration of 
S.J. Res. 32, Providing for congressional disapproval under 
chapter 8 of title 5, United States Code, of the rule submitted 
by the Bureau of Consumer Financial Protection relating to 
Small Business Lending Under the Equal Credit Opportunity Act 
(Regulation B), under a closed rule. The resolution waives all 
points of order against consideration of the joint resolution. 
The resolution provides that the joint resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in the joint resolution. The resolution 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Financial Services or their respective designees. 
The resolution provides for one motion to commit.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 5283, 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. 5283, 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 amendments printed in part A of the report, 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. 5961, 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. 5961, 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 amendments printed in part C of the report, 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 S.J. Res. 32, 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 S.J. Res. 32, 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. 170

    Motion by Ms. Leger Fernandez to amend the rule to make in 
order amendment #9 to H.R. 5283, offered by Representative 
Ramirez, which explicitly protects the rights of migrants to 
seek asylum and ensure that the legislative changes do not 
hinder or criminalize the asylum-seeking process. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 171

    Motion by Ms. Leger Fernandez to amend the rule to make in 
order amendments #13 and #24 to H.R. 5283. Amendment #13, 
offered by Representative Velazquez, rescinds the current 150-
day regulatory waiting period that asylum applicants must 
undergo between submitting their applications for asylum and 
applying for work authorization in the United States, to 
address the labor shortage. Amendment #24, offered by 
Representative Garcia, strikes H.R. 5283 and inserts H.R. 16, 
the Bipartisan American Dream and Promise Act, which provides a 
pathway to citizenship for eligible DACA, TPS, and DED 
recipients. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 172

    Motion by Mr. Reschenthaler to report the rule. Adopted: 9-
4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 5283 IN PART A MADE IN ORDER

    1. Ogles (TN): Requires a report on the number of specified 
aliens provided housing on federal lands. (10 minutes)
    2. Velazquez (NY): Allows the Interior Secretary to provide 
housing when the originating state has failed to meet certain 
criteria. (10 minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 5961 IN PART B CONSIDERED AS ADOPTED

    1. McCaul (TX): Makes changes to remove references to 
``International Financial Institutions'' and inserts clarifying 
language to ensure that the bill does not constitute a revenue 
measure.

     SUMMARY OF THE AMENDMENTS TO H.R. 5961 IN PART C MADE IN ORDER

    1. Fitzpatrick (PA): Adds findings that condemn Hamas and 
Iran-backed terror groups for using human shields and that only 
the unconditional surrender of Hamas and other Iran-backed 
terror groups will save innocent civilian lives. (10 minutes)
    2. Cherfilus-McCormick (FL), Levin (CA): Adds a sense of 
Congress that the terrorist-funding, human rights-violating 
Iranian regime should receive no additional funds but that 
basic humanitarian assistance for the people of Iran is 
important. (10 minutes)
    3. Gottheimer (NJ): Corrects the number of hostages being 
held by Hamas. (10 minutes)
    4. Norman (SC): Requires a 45 day waiting period between 
Presidential certification and removal of sanctions to provide 
an opportunity for congressional oversight. (10 minutes)
    5. Ogles (TN): Expresses a Sense of Congress that all US 
allies in the Middle East should publicly and unequivocally 
condemn the antisemitism displayed by Iranian-backed terror 
groups, including Hamas. (10 minutes)
    6. Ogles (TN): Prohibits the use of federal funds to make 
any funds (as such term is defined in section 2339C(e)(1) of 
title 18, United States Code) available to Iran. (10 minutes)
    7. Ogles (TN): Expresses a Sense of Congress that Qatar 
should condemn Hamas, turn over Hamas leadership to US and 
Israeli custody, and pledge never to facilitate the transfer of 
covered Iranian funds to Iran. (10 minutes)
    8. Ogles (TN): Expresses a Sense of Congress that the 
Houthis continue to benefit from the Biden Administration's 
unwillingness to unequivocally condemn them. (10 minutes)
    9. Pfluger (TX), Roy (TX), Wilson (SC), Clyde (GA), Ogles 
(TN), Weber (TX), Duncan (SC), Womack (AR), Bacon (NE), Hern 
(OK): Prohibits the President from exercising the waiver 
authority described in section 1245(d)(5) of the 2012 NDAA and 
sections 1244(i) and 1247(f) of the Iran Freedom and Counter-
Proliferation Act of 2012. (10 minutes)
    10. Porter (CA), Salazar (FL): Requires the President to 
issue a report to Congress within 120 days of the enactment of 
this Act to outline Administration policy related to human 
rights, nuclear proliferation, the ballistic missile program, 
and regional terrorism in Iran. (10 minutes)
    11. Porter (CA), Tenney (NY), Lieu (CA), Salazar (FL), 
Fitzpatrick (PA): Commissions a report regarding Iranian 
internet censorship and applicable United States licensing 
requirements. (10 minutes)
    12. Jackson (IL): Adds a five-year sunset provision 
requirement. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 5283 MADE IN ORDER

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

  At the end of the bill, add the following:

SEC. 3. REPORT.

  (a) In General.--The Secretary of the Interior and the 
Secretary of Agriculture shall jointly submit to the 
appropriate congressional committees an annual report that 
includes--
          (1) the number of specified aliens that have been 
        provided housing on any land under the administrative 
        jurisdiction of the Federal land management agencies; 
        and
          (2) information regarding the countries of origin of 
        such specified aliens.
  (b) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
          (1) the Committee on Natural Resources and the 
        Committee on Agriculture of the House of 
        Representatives; and
          (2) the Committee on Energy and Natural Resources and 
        the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate.
                              ----------                              


 2. An Amendment To Be Offered by Representative Velazquez of New York 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:
  (d) Applicability.--The prohibition in subsection (a) does 
not apply to housing that the Secretary of the Interior 
certifies meets the following criteria:
          (1) The proposed housing is for specified aliens who 
        were transported to the State of the proposed housing 
        (the ``Destination State'') from another State (the 
        ``Originating State'').
          (2) Such transport was funded, arranged, or otherwise 
        assisted by the Originating State.
          (3) The Originating State--
                  (A) failed to provide more than 48 hours of 
                notice to the Governor of the Destination State 
                of such transport;
                  (B) failed to provide the specified aliens 
                being transported with full and truthful 
                information regarding their destination and 
                regarding the Destination State's assessment of 
                the likely conditions for the specified aliens 
                at their destination;
                  (C) willfully, knowingly, or recklessly 
                misrepresented, including through omission, to 
                the transported specified aliens their 
                destination, their right to refuse the 
                transport, and the expected conditions for them 
                at their destination; or
                  (D) otherwise inveigled the specified aliens 
                into such transport.

      PART B--TEXT OF AMENDMENT TO H.R. 5961 CONSIDERED AS ADOPTED

  Page 2, beginning line 23, strike ``and each international 
financial institution''.
  Page 3, line 2, strike ``or international financial 
institution''.
  Page 3, beginning line 12, strike ``or international 
financial institution''.
  Page 6, beginning line 5, strike paragraph (4)
  At the end of section 3, insert the following new subsection:
  (f) Exception Relating To Importation Of Goods.--
          (1) In general.--The authorities and requirements to 
        impose sanctions authorized under this Act shall not 
        include the authority or requirement to impose 
        sanctions on the importation of goods.
          (2) Good defined.--In this subsection, the term 
        ``good'' means any article, natural or man-made 
        substance, material, supply, or manufactured product, 
        including inspection and test equipment, and excluding 
        technical data.

         PART C--TEXT OF AMENDMENTS TO H.R. 5961 MADE IN ORDER

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

  Page 1, after line 15, insert the following:
          (3) Hamas, Palestinian Islamic Jihad, and associated 
        terrorist organizations backed by Iran routinely and 
        unabashedly use civilians as ``human shields'' to 
        shield their weapons and terrorist militants from 
        legitimate military engagement, a contravention of 
        international humanitarian law and a heinous violation 
        of the rights and dignity of civilian noncombatants.
          (4) Only the cessation of Hamas' operations, the 
        unconditional surrender of Hamas, and the immediate 
        dismantlement of Hamas and all other Iran-backed 
        terrorist organizations that participated in the 
        massacre of Israelis on and since October 7, 2023, will 
        ensure that innocent Israeli and Palestinian civilian 
        lives are saved.
  Page 1, line 16, strike ``(3)'' and insert ``(5)''.
  Page 2, line 5, strike ``(4)'' and insert ``(6)''.
  Page 2, line 13, strike ``(5)'' and insert ``(7)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Cherfilus-McCormick of 
           Florida or Her Designee, Debatable for 10 Minutes

  Redesignate section 4 as section 5.
  Insert after section 3 the following:

SEC. 3. SENSE OF CONGRESS.

  It is the sense of Congress that the terrorist-funding, human 
rights-violating Iranian regime should receive no additional 
funds but that basic humanitarian assistance for the people of 
Iran is important.
                              ----------                              


   3. An Amendment To Be Offered by Representative Gottheimer of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 1, line 10, strike ``130 people'' and insert ``at least 
230 people''.
                              ----------                              


    4. An Amendment To Be Offered by Representative Norman of South 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 4, line 6, after ``committees'' insert ``not later than 
45 days before the termination of such sanctions''.
                              ----------                              


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

  Add at the end the following:

SEC. _. SENSE OF CONGRESS.

  It is the sense of Congress that all United States allies in 
the Middle East should publicly and unequivocally condemn the 
antisemitism displayed by Iranian-backed terrorist groups, 
including Hamas.
                              ----------                              


 6. An Amendment To Be Offered by Representative Ogles of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. _. PROHIBITION ON FUNDS.

  No federal funds may be used to make any funds (as such term 
is defined in section 2339C(e)(1) of title 18, United States 
Code) available to Iran.
                              ----------                              


 7. An Amendment To Be Offered by Representative Ogles of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 5. SENSE OF CONGRESS ON QATAR.

  It is the sense of Congress that the Government of Qatar 
should publicly condemn Hamas, turn Hamas leadership over the 
United States or Israeli control, and pledge never to 
facilitate the transfer of any covered Iranian funds to Iran or 
any agency or instrumentality of Iran.
                              ----------                              


 8. An Amendment To Be Offered by Representative Ogles of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. _. SENSE OF CONGRESS ON THE HOUTHIS.

  It is the sense of Congress that the Houthis, an Iran-backed 
terrorist group which has hijacked a Japanese-operated cargo 
ship, kidnapped and tortured United States citizens, and 
supports Hamas' ongoing war against Israel, continues to 
benefit from the Biden Administration's failure to 
unequivocally condemn it.
                              ----------                              


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

  Redesignate section 4 as section 5.
  Insert after section 3 the following:

SEC. 4. LIMITATION OF APPLICABILITY OF CERTAIN LICENSES.

  (a) In General.--Notwithstanding any other provision of law, 
on and after the date of the enactment of this Act, the 
President may not--
          (1) exercise the waiver authority described in 
        section 1245(d)(5) of the National Defense 
        Authorization Act for Fiscal Year 2012 and sections 
        1244(i) and 1247(f) of the Iran Freedom and Counter-
        Proliferation Act of 2012 permitting the Government of 
        Iran or any Iranian person access to any account 
        established or maintained pursuant to or in accordance 
        with section 1245(d)(4)(D)(ii)(II) of the National 
        Defense Authorization Act for Fiscal Year 2012; or
          (2) issue a general or specific license, frequently 
        asked question, or any other licensing action or 
        guidance permitting the Government of Iran or any 
        Iranian person access to or to benefit directly or 
        indirectly from any account established pursuant to or 
        in accordance with any account described in 
        1245(d)(4)(D)(ii)(II) of the National Defense 
        Authorization Act for Fiscal Year 2012.
  (b) Importation of Goods.--
          (1) In general.--The exercise of the authorities and 
        requirements under paragraph (1) or (2) of subsection 
        (a)--
                  (A) shall not include the authority or 
                requirement to impose sanctions on the 
                importation of goods; and
                  (B) shall not apply to any procurement 
                sanctions.
          (2) Good defined.--In this subsection, the term 
        ``good'' means any article, natural or manmade 
        substance, material, supply or manufactured product, 
        including inspection and test equipment, and excluding 
        technical data.
                              ----------                              


 10. An Amendment To Be Offered by Representative Porter of California 
               or Her Designee, Debatable for 10 Minutes

    Add at the end the following:

SEC. _. REPORT ON POLICY RELATING TO HUMAN RIGHTS, NUCLEAR 
                    PROLIFERATION, BALLISTIC MISSILES, AND REGIONAL 
                    TERRORISM IN IRAN.

    Not later than 120 days after the date of the enactment of 
this Act, the President shall submit to Congress a report 
(which may contain a classified annex) outlining the policy of 
the United States with respect to human rights, nuclear 
proliferation, the ballistic missile program, and regional 
terrorism in Iran.
                              ----------                              


 11. An Amendment To Be Offered by Representative Porter of California 
               or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. _. REPORT ON IRANIAN INTERNET CENSORSHIP.

  (a) In General.--The Secretary of the Treasury and the 
Secretary of State shall jointly submit to Congress a report 
regarding Iranian internet censorship and applicable United 
States licensing requirements. Such report shall include the 
following:
          (1) An assessment of the Iranian Government's ability 
        to impose internet shutdowns, censor the internet, and 
        track Iranian dissidents, labor organizers, political 
        activists, or human rights defenders inside Iran 
        through targeted digital surveillance or other digital 
        means.
          (2) An assessment of the impact of General License D-
        2, issued on September 23, 2022, on the availability of 
        private communications tools inside Iran, including 
        encryption tools to assist the people of Iran in 
        circumventing targeted digital surveillance by the 
        Iranian Government.
          (3) A determination of whether additional updates to 
        General License D-2 or other licenses are needed to 
        keep up with the pace of technology and ensure that 
        United States restrictions do not unintentionally 
        inhibit the flow of vital communication tools to the 
        people of Iran, including cloud technology, hardware, 
        software, and services incident to personal 
        communications, including set-top boxes (STB), 
        satellites, and web developer tools.
          (4) A strategy to ensure that resources are available 
        for digital rights experts to study Iran's online 
        repression and identify opportunities to counter it.
          (5) A strategy to prevent the Government of Iran from 
        acquiring or developing tools that could be exploited 
        against activists, including facial recognition 
        software.
  (b) Form.--The report required pursuant to subsection (a) 
shall be submitted in unclassified form but may include a 
classified annex if such annex is provided separately from such 
unclassified version.
  (c) Definition.--In this section, the term ``targeted digital 
surveillance'' means the use of items or services that enable 
an individual or entity (with or without the knowing 
authorization of the product's owner) to detect, monitor, 
intercept, collect, exploit, preserve, protect, transmit, 
retain, or otherwise gain access to the communications, 
sensitive or protected information, work product, browsing 
data, research, identifying information, location history, or 
online or offline activities of other individuals, 
organizations, or entities.
                              ----------                              


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

  Add at the end the following:

SEC. 5. SUNSET.

  This Act shall terminate on the date that is 5 years after 
the date of the enactment of this Act.

                                  [all]