[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,''.