[House Report 118-362]
[From the U.S. Government Publishing Office]


118th Congress   }                                             {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                             { 118-362

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5585) TO IMPOSE CRIMINAL 
AND IMMIGRATION PENALTIES FOR INTENTIONALLY FLEEING A PURSUING FEDERAL 
OFFICER WHILE OPERATING A MOTOR VEHICLE; PROVIDING FOR CONSIDERATION OF 
 THE BILL (H.R. 6678) TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO 
 PROVIDE THAT ALIENS WHO HAVE BEEN CONVICTED OF OR WHO HAVE COMMITTED 
 SOCIAL SECURITY FRAUD ARE INADMISSIBLE AND DEPORTABLE; PROVIDING FOR 
  CONSIDERATION OF THE BILL (H.R. 6679) TO AMEND THE IMMIGRATION AND 
 NATIONALITY ACT WITH RESPECT TO ALIENS WHO CARRIED OUT, PARTICIPATED 
IN, PLANNED, FINANCED, SUPPORTED, OR OTHERWISE FACILITATED THE ATTACKS 
AGAINST ISRAEL; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6976) 
TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO PROVIDE THAT ALIENS WHO 
  HAVE BEEN CONVICTED OF OR WHO HAVE COMMITTED AN OFFENSE FOR DRIVING 
     WHILE INTOXICATED OR IMPAIRED ARE INADMISSIBLE AND DEPORTABLE

                                _______
                                

  January 29, 2024.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 980]

    The Committee on Rules, having had under consideration 
House Resolution 980, by a record vote of 8 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. 5585, the 
Agent Raul Gonzalez Officer Safety 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 the Judiciary or 
their respective designees. The resolution provides that an 
amendment in the nature of a substitute consisting of the text 
of Rules Committee Print 118-21 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 
further 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. The resolution waives all points of order against 
the amendments printed in part A of the report. The resolution 
provides for one motion to recommit. The resolution further 
provides for consideration of H.R. 6678, the Consequences for 
Social Security Fraud Act, under a structured rule. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 118-23 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 hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary or their 
respective designees. The resolution makes in order only the 
further amendment printed in part B 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. The resolution waives all points of order against 
the amendment printed in part B of the report. The resolution 
provides for one motion to recommit. The resolution further 
provides for consideration of H.R. 6679, the No Immigration 
Benefits for Hamas Terrorists Act, under a structured rule. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 118-24 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 hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary or their 
respective designees. The resolution makes in order only the 
further amendment 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 amendment printed 
in part C of the report are waived. The resolution provides for 
one motion to recommit. The resolution further provides for 
consideration of H.R. 6976, the Protect our Communities from 
DUIs Act, under a structured rule. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that anamendment in the nature of a 
substitute consisting of the text of Rules Committee Print 118-22 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 hour of general 
debate equally divided and controlled by the chair and ranking minority 
member of the Committee on the Judiciary or their respective designees. 
The resolution makes in order only the further amendment printed in 
part D 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 amendment printed in part D of the report are waived. 
The resolution provides for one motion to recommit.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 5585, 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. 5585, 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.
    The waiver of all points of order against consideration of 
H.R. 6678 includes:
    --Clause 3(d)(1) of rule XIII, which requires the inclusion 
of committee cost estimate in a committee report.
    Although the resolution waives all points of order against 
provisions in H.R. 6678, 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 printed in part B 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. 6679, 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. 6679, 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 printed in part C of the 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. 6976 includes:
    --Clause 3(d)(1) of rule XIII, which requires the inclusion 
of committee cost estimate in a committee report.
    Although the resolution waives all points of order against 
provisions in H.R. 6976, 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 printed in part D of the 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. 188

    Motion by Ms. Scanlon to amend the rule to make in order 
amendment #4 to H.R. 5585 and amendment #3 to H.R. 6678, 
offered by Reps. Escobar and Correa respectively. Defeated: 3-7

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

Rules Committee record vote No. 189

    Motion by Ms. Leger Fernandez to amend the rule to make in 
order amendment #5 to H.R. 6678, offered by Rep. Garcia of 
Texas, which replaces this bill with the text of H.R. 16, the 
American Dream and Promise Act that creates a pathway to 
citizenship for eligible Dreamers, TPS, and DED holders. 
Defeated: 3-7

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

Rules Committee record vote No. 190

    Motion by Mr. Burgess to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................  ............
Mr. Massie......................................  ............  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. 5585 IN PART A 
                             MADE IN ORDER

    1. Crockett (TX): Strikes ``actively assisting, or'' from 
the offense provision. (10 minutes)
    2. Molinaro (NY): Adds a reporting requirement to include 
the number of people who were charged, apprehended but not 
charged, committed the violation but not apprehended, and the 
penalties sought and imposed against violators. (10 minutes)

            SUMMARY OF THE AMENDMENT TO H.R. 6678 IN PART B 
                             MADE IN ORDER

    1. D'Esposito (NY): Expands the bill to require that any 
alien who has been convicted of or admits to having committed a 
crime involving financial misconduct in regards to certain 
COVID-19 loans be inadmissible and deportable. (10 minutes)

            SUMMARY OF THE AMENDMENT TO H.R. 6679 IN PART C 
                             MADE IN ORDER

    1. Rose (TN): Requires an annual report to Congress on the 
number of individuals found to be inadmissible and deportable 
each year as a result of the underlying bill. (10 minutes)

            SUMMARY OF THE AMENDMENT TO H.R. 6976 IN PART D 
                             MADE IN ORDER

    1. Feenstra (IA), Moore (AL), Bacon (NE), Miller (IL), 
Guest (MS), Nunn (IA), Sessions (TX), Boebert (CO), Tenney 
(NY), Miller-Meeks (IA), Burchett (TN), Hinson (IA), Higgins 
(LA): Requires mandatory detention for an alien who is 
unlawfully present in the United States and has been charged 
with an offense for driving while intoxicated or impaired that 
resulted in the death or serious bodily injury of another 
person (10 minutes)

                PART A--TEXT OF AMENDMENTS TO H.R. 5585 
                             MADE IN ORDER

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

  Page 2, line 2, strike ``actively assisting, or''.
                              ----------                              


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

  Page 4, line 21, insert after ``Attorney General'' the 
following: ``, in conjunction with the Secretary of Homeland 
Security,''.
  Page 5, line 1, strike ``were'' and all that follows through 
``with'' on line 2, and insert ``committed''.
  Page 5, strike lines 6 through 10, and insert the following:
                  (A) the number of individuals who were 
                charged with the violation referred to in 
                paragraph (1);
                  (B) the number of individuals who were 
                apprehended but not charged with such 
                violation;
                  (C) the number of individuals who committed 
                such violation but were not apprehended;
                  (D) the penalties sought in the charging 
                documents pertaining to such violation; and
                  (E) the penalties imposed for such violation.

          PART B--TEXT OF AMENDMENT TO H.R. 6678 MADE IN ORDER

1. An Amendment To Be Offered by Representative D'Esposito of New York 
               or His Designee, Debatable for 10 Minutes

  Page 1, line 11, strike ``Any alien'' and insert the 
following:
                          ``(i) In general.--Any alien''.
  Page 1, line 14, insert after ``the essential elements of'' 
the following ``a covered COVID offense,''.
  Page 2, line 5, insert after ``inadmissible.'' the following:
                          ``(ii) Covered covid offense.--For 
                        purposes of this subparagraph, the term 
                        `covered COVID offense' means an 
                        offense of fraud pertaining to--
                                  ``(I) a loan made under--
                                          ``(aa) paragraph (36) 
                                        or (37) of subsection 
                                        (a) of section 7 of the 
                                        Small Business Act (15 
                                        U.S.C. 636); or
                                          ``(bb) subsection (b) 
                                        of such section in 
                                        response to the COVID-
                                        19 pandemic; or
                                  ``(II) a grant made under--
                                          ``(aa) section 5003 
                                        of the American Rescue 
                                        Plan Act of 2021 (15 
                                        U.S.C. 9009c); or
                                          ``(bb) section 324 of 
                                        the Economic Aid to 
                                        Hard-Hit Small 
                                        Businesses, Nonprofits, 
                                        and Venues Act (15 
                                        U.S.C. 9009a).''.
  Page 2, line 13, insert after ``the essential elements of'' 
the following: ``a covered COVID offense (as such term is 
defined in section 212(a)(2)(J)(ii)),''.

          PART C--TEXT OF AMENDMENT TO H.R. 6679 MADE IN ORDER

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

  Add at the end the following:
  (d) Report Required On Participants In Hamas Terrorism 
Against Israel.--Beginning not later than one year after the 
date of the enactment of this Act, and each year thereafter, 
the Secretary of Homeland Security shall submit a report to 
Congress, including the number of aliens who were--
          (1) found to be inadmissible under section 
        212(a)(3)(H) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(H)); and
          (2) described in section 212(a)(3)(H) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1182(a)(3)(H)) and found to be removable pursuant to 
        section 237(a)(4)(B) of the Immigration and Nationality 
        Act (8 U.S.C. 1227(a)(4)(B)).

          PART D--TEXT OF AMENDMENT TO H.R. 6976 MADE IN ORDER

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

  Page 1, line 4, insert after ``inadmissibility'' the 
following: ``mandatory detention''.
  Page 2, insert after line 6 the following (and redesignate 
provisions accordingly):
  (b) Mandatory Detention For Death Or Seriously Bodily 
Injury.--Section 236(c)(1) of the Immigration and Nationality 5 
Act (8 U.S.C. 1226(c)) is amended--
          (1) in subparagraph (C), by striking ``or'' at the 
        end;
          (2) in subparagraph (D), by inserting after 
        ``237(a)(4)(B),'' the following: ``or''; and
          (3) by inserting after subparagraph (D) the 
        following:
                  ``(E) has been charged with an offense for 
                driving while intoxicated or impaired that 
                resulted in the death or serious bodily injury 
                of another person, as those terms are defined 
                under the law of the jurisdiction where the 
                offense occurred (including a charge of driving 
                while under the influence of or impaired by 
                alcohol or drugs), without regard to whether 
                the offense is classified as a misdemeanor or 
                felony under Federal, State, tribal, or local 
                law,''.