H.R. 5283 - Protecting our Communities from Failure to Secure the Border Act of 2023

Bill Text

    Rules Committee Print 118-15 PDF XML

    Showing the text of H.R. 5283, as ordered reported by the Committee on Natural Resources

    Text of H.R. 5283 PDF XML

    (as reported)

    H. Rept. 118-275, Part I PDF

    Report from the Committee on Natural Resources to accompany H.R. 5283

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 9-4 on Tuesday, November 28, 2023.

FLOOR ACTION ON H. RES. 891:
Agreed to by a record vote of 212-205-1, after agreeing to the previous question by a record vote of 213-205-1, on Wednesday, November 29, 2023.

MANAGERS: Reschenthaler/Leger Fernández

1.

Structured rule for H.R. 5283.

2.

Waives all points of order against consideration of the bill.

3.

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.

4.

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.

5.

Waives all points of order against provisions in the bill, as amended.

6.

Makes in order only those amendments printed in part A of the Rules Committee report accompanying the resolution. 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.

7.

Waives all points of order against the amendments printed in part A of the Rules Committee report.

8.

Provides one motion to recommit.

9.

Structured rule for H.R. 5961.

10.

Waives all points of order against consideration of the bill.

11.

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.

12.

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 Rules Committee report, shall be considered as adopted, and the bill, as amended, shall be considered as read.

13.

Waives all points of order against provisions in the bill, as amended.

14.

Makes in order only those amendments printed in part C of the Rules Committee report accompanying the resolution. 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.

15.

Waives all points of order against the amendments printed in part C of the Rules Committee report.

16.

Provides one motion to recommit.

17.

Closed rule for S. J. Res. 32.

18.

Waives all points of order against consideration of the joint resolution.

19.

Provides that the joint resolution shall be considered as read.

20.

Waives all points of order against provisions in the joint resolution.

21.

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.

22.

Provides one motion to commit.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Rose (TN)RepublicanAdds a findings section stating that the leadership of Vice President Harris as border czar has been a complete catastrophe and that the Biden Administration should not be using America’s national parks to house migrants.Submitted
2Version 1Self (TX)RepublicanRequires the Secretary of Interior and Secretary of Agriculture to submit a report detailing the utilities costs (such as water, electricity, and heating) associated with sheltering illegal immigrants on federal lands.Submitted
3Version 1LaLota (NY)RepublicanProhibits federal funds from going to jurisdictions with sanctuary city policies for the purpose of aiding the migrant crisis, including the provision of food, shelter, healthcare services, legal services, and transportation.Submitted
4Version 1Ramirez (IL)DemocratStrikes Sec. 2 Prohibition on Providing Housing to Specified AliensSubmitted
5Version 1Nunn (IA)RepublicanRequires the Director of U.S. Customs and Border Protection to include on the U.S. Customs and Border Protection Public Data Portal: 1) information and statistics related to encounters with aliens who are nationals of special interest countries on any land under the administrative jurisdiction of the Federal land management, agencies, including through leases, contracts, or agreements. 2) Information and statistics related to encounters with aliens who are identified in the terrorist screening database, and any terrorist organizations with which such aliens are affiliated.Submitted
6Version 1Nunn (IA)RepublicanExtends the H-2A Visa from three to five years, eliminates the seasonality requirement of H-2A Visa holders, and maintains the 2023 Adverse Effect Wage Rate.Submitted
7Version 1Lieu (CA)DemocratRequires law enforcement to obtain a warrant before searching Americans' electronic devices at the border.Submitted
8Version 1Arrington (TX)RepublicanAdds findings that the southern border of the United States is being invaded by paramilitary, narco-terrorist cartels and reaffirms the states' sovereign right to defend themselves and their citizenry from such invasion as stated in article I, section 10 and article IV section 4 of the United States Constitution.Submitted
9Version 1Ramirez (IL), Leger Fernández (NM)DemocratExplicitly protects the rights of migrants to seek asylum and ensure that the legislative changes do not hinder or criminalize the asylum-seeking process.Submitted
10Version 1Takano (CA), Correa (CA), Vargas (CA)DemocratIncorporates the provisions of H.R. 4569, the Veteran Service Recognition Act, which prevents the deportation of veterans by improving the naturalization process for active duty servicemembers; establishing a review process for non-citizen veterans, servicemembers, and their families; and creating a process through which deported veterans can obtain legal permanent resident status.Submitted
11Version 1Goldman (NY)DemocratDirects the Secretary of Homeland Security to enhance border security by disrupting the smuggling of United States-sourced firearms and related munitions across the land border with Mexico.Submitted
12Version 2Espaillat (NY), Velázquez (NY)DemocratWithdrawn Allows federal funding to be used to provide housing for asylum seekers on any land under the jurisdiction of the Federal Land Management agencies unless it is a situation where children are being housed in congregate settings.Withdrawn
13Version 1Velázquez (NY)DemocratRescinds 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.Submitted
14Version 2Velázquez (NY)DemocratRevised Allows the Interior Secretary to provide housing when the originating state has failed to meet certain criteria.Made in Order
15Version 1D'Esposito (NY)RepublicanProhibits the use of Federal funds from being used to house migrants on any facility with a Federal, State, or Local Law Enforcement permanent presence, such as an academy, training facility, or base.Submitted
16Version 2Jackson (TX), Pfluger (TX)RepublicanRevised Prohibits a remain in Texas policy from being implemented for illegal aliens who cross the border.Revised
17Version 2D'Esposito (NY)RepublicanRevised Requires that DHS/CBP notifies local governments and state/local law enforcement before migrants currently being held on Federal Lands are released back into communities.Revised
18Version 2D'Esposito (NY)RepublicanRevised Requires the Federal government to get input from local and state law enforcement before opening new shelters on Federal land.Revised
19Version 1D'Esposito (NY)RepublicanProhibits the use of Federal funds from being used to House migrants on any facility owned or operated by the FAA.Submitted
20Version 1Pingree (ME), Auchincloss (MA)DemocratSUBSTITUTE Strikes the bill text and inserts the text of H.R. 1325, the Asylum Seeker Work Authorization Act.Submitted
21Version 2Ramirez (IL)DemocratRevised Strikes Section 2 and insert a new section reinforming Congress' commitment to utilizing federal resources to ensure humane housing for migrants and refugees.Revised
22Version 2Ramirez (IL)DemocratRevised Strikes Section 2 and insert a new section that reinforces the commitment to creating pathways to citizenship, including for DACA recipients.Revised
23Version 1Torres (NY)DemocratLate Amends section 208 of the Immigration and Nationality Act to reduce the waiting period for employment authorization for asylum applicants and authorizes funds for processing asylum applications.Submitted
24Version 1Garcia (TX), Leger Fernández (NM)DemocratSUBSTITUTE Late Strikes HR 5283 and inserts HR 16, the Bipartisan American Dream and Promise Act, which provides a pathway to citizenship for eligible DACA, TPS, and DED recipients.Submitted
25Version 3Ogles (TN)RepublicanLate Revised Requires a report on the number of specified aliens provided housing on federal lands.Made in Order
26Version 1Posey (FL)RepublicanLate Eliminates the Diversity Immigrant Visa Program.Submitted
27Version 2Obernolte (CA)RepublicanLate Revised Requires the Department of Homeland Security (DHS) to exhaust all currently available Federal detention beds designated to specified aliens before exploring the possibility of providing alternative immigration detention options or closing facilities.Revised
28Version 1Edwards (NC)RepublicanLate Prohibits federal funds from going to jurisdictions with sanctuary city policies that discourage local cooperation with Immigration and Customs Enforcement (ICE).Submitted
29Version 1Buck (CO)RepublicanLate Prohibits federal funds from providing health care for illegal aliens.Submitted
30Version 1Schweikert (AZ)RepublicanLate Allow for federal funds in the bill to be used for the development and procurement of synthetic opioids and fentanyl vaccinesSubmitted

Committee Votes

Rules Committee Record Vote No. 170

Motion by Ms. Leger Fernández 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 Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 171

Motion by Ms. Leger Fernández 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 Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 172

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

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