Hearing Information
Meeting Information
Tuesday, May 9, 2023 - 4:00pm H-313, The Capitol View Announcement »
H.R. 2 - Secure the Border Act of 2023
Bill Text
(as introduced)
Bills Incorporated as H.R. 2
H.R. 2794 - Border Reinforcement Act of 2023 (as reported) PDF XML
H. Rept. 118-45, Part I - Report from the Committee on Homeland Security to accompany H.R. 2794 PDF
Comparative Print showing the difference between H.R. 2794 (as reported) and H.R. 2 (as introduced) PDF
H.R. 2640 - Border Security and Enforcement Act of 2023 (as reported) PDF XML
H. Rept. 118-47, Part I - Report from the Committee on the Judiciary to accompany H.R. 2640 PDF
Comparative Print showing the difference between H.R. 2640 (as reported) and H.R. 2 (as introduced) PDF
H.R. 1690 - ORDER Act (as reported) PDF XML
H. Rept. 118-46, Part I - Report from the Committee on Foreign Affairs to accompany H.R. 1690 PDF
Comparative Print showing the difference between H.R. 1690 (as reported) and H.R. 2 (as introduced) PDF
Hearing Documents
Rule Information
COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 9-4 on Wednesday, May 10, 2023.
MANAGERS: Roy/Scanlon
1. Closed rule for H.R. 2.
2. Waives all points of order against consideration of the bill.
3. Provides that the bill shall be considered as read.
4. Waives all points of order against provisions in the bill.
5. Provides five hours of general debate with two hours equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security or their respective designees, two hours equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees, and one hour equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs or their respective designees.
6. Provides one motion to recommit.
7. Closed rule for H.R. 1163.
8. Waives all points of order against consideration of the bill.
9. Provides that the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, modified by the amendment printed in the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
10. Waives all points of order against provisions in the bill, as amended.
11. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means or their respective designees.
12. Provides one motion to recommit
Amendments (click headers to sort)
| # | Version # | Sponsor(s) | Party | Summary | Status |
|---|---|---|---|---|---|
| 1 | Version 1 | Thompson (MS) | Democrat | Adds needed staffing resources to U.S. ports of entry consistent with the Customs and Border Protection workforce staffing model and broadens the availability of retention bonuses to CBP officers in addition to Border Patrol agents. | Submitted |
| 2 | Version 1 | Thompson (MS) | Democrat | Bars Customs and Border Protection from restricting employee participation in a union. | Submitted |
| 3 | Version 1 | Thanedar (MI) | Democrat | Authorizes construction of joint processing centers aimed at improving integration among DHS components (CBP, ICE, and USCIS) and collaboration with local stakeholders to drive more timely and effective processing of migrants. | Submitted |
| 4 | Version 1 | Garcia, Robert (CA) | Democrat | Strikes section 115 of division A | Submitted |
| 5 | Version 1 | Nadler (NY) | Democrat | Strikes the E-Verify Title. | Submitted |
| 6 | Version 1 | Jayapal (WA) | Democrat | Codifies the Uniting for Ukraine Program. | Submitted |
| 7 | Version 1 | Scanlon (PA) | Democrat | Allows unaccompanied minors under five years old to be eligible for asylum, whether or not they arrive at a port of entry. | Submitted |
| 8 | Version 1 | Correa (CA) | Democrat | Strikes the retroactive provision on page 127, line 13, that applies the detention mandate to current families and individuals who are already in immigration proceedings. | Submitted |
| 9 | Version 1 | Rouzer (NC) | Republican | Amends the penalty for absconding from an immigration court hearing to a permanent ban of benefits under the Immigration and Nationality Act. | Submitted |
| 10 | Version 1 | Correa (CA) | Democrat | Codifies the current military parole program that has existed since the Obama Administration and was continued by the Trump Administration. | Submitted |
| 11 | Version 1 | Goldman (NY) | Democrat | Adds at the end of Division A, a section directing the Secretary of Homeland Security to enhance efforts to disrupt the smuggling of U.S.-sourced firearms and related munitions across the land border with Mexico. | Submitted |
| 12 | Version 1 | Molinaro (NY) | Republican | Directs the new $50 asylum fee to HHS' Stop Overdose Campaign to highlight the dangers of fentanyl and increase awareness of the issue. | Submitted |
| 13 | Version 1 | Griffith (VA) | Republican | Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide rules for the repatriation of unaccompanied alien children. | Submitted |
| 14 | Version 1 | Swalwell (CA) | Democrat | Amends prohibition on funds to NGOs to allow funds to NGOs that provide assistance to Afghan Nationals who assisted the US operations in Afghanistan. | Submitted |
| 15 | Version 1 | Magaziner (RI) | Democrat | Revises sections 115(a) and 115(c) so the prohibitions on funding in that section shall not be applied with respect to children, pregnant women, or women who are survivors of human trafficking, domestic violence, or sexual assault and organizations providing supporting services to those groups as well. | Submitted |
| 16 | Version 1 | Magaziner (RI) | Democrat | Adds "firearm trafficking" after "drug trafficking" to section 113(b)(3)(D) | Submitted |
| 17 | Version 1 | Jackson Lee (TX) | Democrat | Adds the mens rea requirement that to be criminally liable, a person must knowingly and willingly overstay their visa. | Submitted |
| 18 | Version 1 | Donalds (FL) | Republican | Requires a report from the Secretary of Homeland Security on the existence of programs and components of the Department of Homeland Security that are not explicitly authorized in statute. | Submitted |
| 19 | Version 1 | Donalds (FL) | Republican | Requires an audit of CBP's ongoing efforts to fulfill its congressional directive to implement a comprehensive biometric entry/exit system at all airports, seaports, and pedestrian land crossings to ultimately combat illegal immigration stemming from visa overstays. | Submitted |
| 20 | Version 1 | Malliotakis (NY) | Republican | Adds the text of HR2844, To require the Secretary of Homeland Security and the Secretary of Health and Human Services to make available to the public on the websites of their respective departments certain information relating to individuals processed through U.S. Customs and Border Protection or Department of Health and Human Services facilities, and for other purposes. | Submitted |
| 21 | Version 1 | Rouzer (NC) | Republican | Reverts the Adverse Effect Wage Rate (AEWR) to the December 2022 rate for the remainder of 2023. | Submitted |
| 22 | Version 1 | Crenshaw (TX) | Republican | Requires DNA testing of all migrants who present as family units within 72 hours of encounter. Allows the Sec. of Homeland Security to refer for prosecution adults who are found to not be first- or second-degree family. Authorizes $35M through end of FY25 for DNA testing. | Submitted |
| 23 | Version 1 | Crenshaw (TX) | Republican | Requires the Sec. of HHS to ensure custodians of UACs are: in the country legally; of first- or second-degree familial relation; and, have not been convicted of or have pending charges for crimes of violence, sexual offenses, human trafficking, or kidnapping. | Submitted |
| 24 | Version 1 | Scholten (MI) | Democrat | Strikes lines 1-6 of page 146 to allow recipients of parole to be eligible for employment. | Submitted |
| 25 | Version 1 | Crenshaw (TX) | Republican | Allows certain minors to be considered and treated as adults if a reasonable person would conclude they are an adult, the minor is a threat to other minors, or the minor displays affiliation to a transnational criminal organization. | Submitted |
| 26 | Version 1 | Crenshaw (TX) | Republican | Addresses the shortage of ICE prosecutors by requiring the Sec. of Homeland Security establish and maintain a 4-to-1 prosecutor to immigration judge ratio to ensure the government is represented in immigration courts. | Submitted |
| 27 | Version 1 | Carter (LA) | Democrat | Requires the Secretary to certify certain information to Congress before exercising eminent domain. | Submitted |
| 28 | Version 1 | Crenshaw (TX) | Republican | Strikes the section requiring a report on FTO designation for certain cartels. | Submitted |
| 29 | Version 1 | Fallon (TX) | Republican | Restores expedited removal to its original state by rescinding the rule that established the 100-air-mile-14-day limitation and by restricting DHS from implementing any more rules with distance limitations. | Submitted |
| 30 | Version 1 | Fallon (TX) | Republican | Requires the Secretary of Homeland Security to submit a report including an assessment of Iran, Russia, and China's collaboration with Mexican drug cartels. | Submitted |
| 31 | Version 1 | Fallon (TX) | Republican | Requires all aliens participating in ICE's Alternatives to Detention program to be tracked with GPS. | Submitted |
| 32 | Version 1 | Buck (CO) | Republican | Requires Federal agencies to share personally identifiable information at the request of DHS in order to prevent identity fraud in the e-verify system. | Submitted |
| 33 | Version 1 | Correa (CA) | Democrat | Requires OPM to establish a special rate in geographic areas to address recruiting and retention issues. | Submitted |
| 34 | Version 1 | Correa (CA) | Democrat | Establishes the minimum rate of basic pay for any individual appointed to a CBP position to level GS-7 of the General Schedule. | Submitted |
| 35 | Version 1 | Correa (CA) | Democrat | Expands child care services for CBP agents and officers. | Submitted |
| 36 | Version 1 | Porter (CA) | Democrat | Strikes Section 102 of the bill, which would require the Secretary of the Department of Homeland Security to resume building the Trump Administration's border wall. | Submitted |
| 37 | Version 1 | Lesko (AZ) | Republican | Authorizes the Department of Health and Human Services (HHS) to restrict migration and imports from foreign countries to prevent the introduction of illicit drugs into the United States. | Submitted |
| 38 | Version 1 | Stanton (AZ) | Democrat | Strikes subsection (d) of section 126 of division A to eliminate the provision of the bill that would prevent the authorization of funds to be appropriated to the Shelter and Services Program. | Submitted |
| 39 | Version 1 | Porter (CA) | Democrat | Requires that no fewer refugees be admitted in a fiscal year than the number the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest. | Submitted |
| 40 | Version 1 | Schiff (CA) | Democrat | Allows individuals fleeing communist and totalitarian dictatorships to apply for asylum in the US regardless of whether or not the individual entered the US through a port of entry. | Submitted |
| 41 | Version 1 | Jackson Lee (TX) | Democrat | Requires CBP and ICE to provide Congress with a plan for implementing-- within one year-- the use of body-worn cameras by its agents and officers who are engaged in border security or immigration enforcement activities. Any implementation of a plan for body-worn cameras requires additional Congressional Action. | Submitted |
| 42 | Version 1 | Ivey (MD) | Democrat | Ensures that when children are detained, they are detained in conditions that are safe and humane, and that personnel who interact with detained children are appropriately trained to work with children. | Submitted |
| 43 | Version 1 | Pressley (MA) | Democrat | Withdrawn Delay enactment until the Secretary certifies that this Act would not result in parents of minors without fault in the overpayment being forced to repay overpayments. | Withdrawn |
| 44 | Version 1 | Jackson Lee (TX) | Democrat | Clarifies that the official policy of the United States as implemented by the agencies of the Department of Homeland Security shall be to keep families together and not remove children from parents or responsible adults unless the safety or welfare of the child is at risk. | Submitted |
| 45 | Version 1 | Norton (DC) | Democrat | Ensures that a District of Columbia driver’s license is treated in the same manner as a state driver’s license. | Submitted |
| 46 | Version 1 | Arrington (TX) | Republican | Requires the Department of Homeland Security (DHS) to notify a state before placing a non-U.S. national (alien under federal law) in that state and gives the state final authority to prohibit such a placement. | Submitted |
| 47 | Version 1 | Castro (TX) | Democrat | Exempts individuals with disabilities, individuals who are fleeing the Russian invasion of Ukraine, and individuals who belong to religious minorities or persecuted religious groups from certain countries to be exempt from restrictions on the right to asylum under this bill. | Submitted |
| 48 | Version 1 | Correa (CA) | Democrat | Expands bilateral cooperation with Mexican and Central American law enforcement to identify and disrupt human smuggling and human trafficking operations. | Submitted |
| 49 | Version 1 | Grothman (WI) | Republican | Requires the Office of Refugee Resettlement (ORR) to report unaccompanied minors that have been placed with sponsors as missing to the FBI's National Crime Information Center if: 1) ORR could not contact the sponsor of an unaccompanied minor for the purpose of a follow-up/well-being check within 120 days of placement; 2) The sponsor of an unaccompanied minor does not contact ORR for the purpose of a follow-up/well-being check within 120 days of placement. | Submitted |
| 50 | Version 1 | Grothman (WI) | Republican | Requires the Office of Refugee Resettlement (ORR) to reinstate the proof of address requirement and conduct background checks on each household member of a sponsor's residence. Additionally, removes ORR's authority to waive these requirements. | Submitted |
| 51 | Version 1 | Grothman (WI) | Republican | Requires the Government Accountability Office to conduct a study and issue a report to Congress on the expanded use of canine units within Customs and Border Protection outside of the Office of Field Operations for the purpose of detecting migrants and narcotics along the southern border with recommendations for Congress to provide funding for such expanded use. | Submitted |
| 52 | Version 1 | Foxx (NC), Fallon (TX) | Republican | Modifies the Victims of Crime Act (VOCA) of 1984 to require state Attorneys General to give priority to victims of crimes committed by people in the country illegally when distributing funds under victims' compensation grant programs under VOCA. | Submitted |
| 53 | Version 1 | Johnson (GA) | Democrat | Revises the bill to ensure that unaccompanied minors in immigration proceedings will have counsel appointed or provided by the government, at government expense. | Submitted |
| 54 | Version 1 | Crenshaw (TX) | Republican | Establishes an up to $250 per-pay-period hardship and incentive pay for CBP or ICE law enforcement officers who are stationed along a border with a monthly average of more than 1,000 encounters a day; a sector with more than 250 encounters per day; duty in a sector where they faced a threat of physical harm from cartels; or, duty in a sector where fentanyl was encountered. | Submitted |
| 55 | Version 1 | Vasquez (NM), Sorensen (IL), Davids (KS) | Democrat | Appropriates $305M to DHS to identify, procure, and deploy inspection capabilities like Non-Intrusive Inspection technology to detect illicit cargo, with a priority on fentanyl detection. | Submitted |
| 56 | Version 1 | Vasquez (NM) | Democrat | Strikes existing language of Sec. 815 and replaces it with a GAO report on the H-2A visa program, including but not limited to, analyzing the impact that the program has on hiring domestic workers, identifying housing challenges for workers, and comparing wage rate requirements for guest and domestic workers, among other things. | Submitted |
| 57 | Version 1 | Ryan (NY) | Democrat | Authorizes $800,000,000 for DHS to combat fentanyl trafficking at all ports of entry. | Submitted |
| 58 | Version 1 | Salazar (FL) | Republican | Strikes Division B, Section 107, which changes the definition of asylum. | Submitted |
| 59 | Version 1 | Greene (GA) | Republican | Withdrawn Prohibits climate change from being used as a basis to claim asylum. | Withdrawn |
| 60 | Version 1 | Salazar (FL) | Republican | Strikes Division A, Section 115, part (c) which contains ambiguous language concerning whether NGO’s and faith-based organizations are able to provide humanitarian assistance to individuals near the border, including those who may be impacted by natural disasters. | Submitted |
| 61 | Version 1 | Gonzales, Tony (TX) | Republican | Increases the minimum rate of basic pay for certain U.S. Border Patrol Agents by at least 14%. | Submitted |
| 62 | Version 1 | Davidson (OH) | Republican | Designates certain cartels as Special Transnational Criminal Organizations and broadens sanctions to include individuals who provide cartels material support. | Submitted |
| 63 | Version 2 | Bucshon (IN), Krishnamoorthi (IL) | Bi-Partisan | Revised Preserves unused Congressionally-allotted employment-based visas dating back to 1992, increasing access to visas for high-skilled workers. Exempts these preserved visas from per-country caps. | Revised |
| 64 | Version 1 | Feenstra (IA), Bacon (NE), Nunn (IA), Sessions (TX), Posey (FL), Miller-Meeks (IA), Hinson (IA) | Republican | Requires U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person. | Submitted |
| 65 | Version 1 | Sorensen (IL), Gluesenkamp Perez (WA), Vasquez (NM), Scholten (MI), Davids (KS), Lee (NV), Jackson (NC) | Democrat | Directs CBP to hire an additional 500 officers at points of entry to increase the number of vehicles scanned at the border. | Submitted |
| 66 | Version 1 | McCormick (GA) | Republican | Prevents the E-Verify system from including specific Personal Identification data, including race, genetic and biometric information, and requires the DHS Inspector General to conduct a review of the system and report if data is being improperly used. | Submitted |
| 67 | Version 1 | Sorensen (IL), Gluesenkamp Perez (WA), Scholten (MI), Vasquez (NM), Davids (KS), Jackson (NC) | Democrat | Provides $50 million to expand the DHS’ Fentanyl Abatement and Suppression Team (FAST) to improve coordination among state, local, and federal partners to disrupt fentanyl distribution networks. | Submitted |
| 68 | Version 1 | Moore (UT) | Republican | Expresses a Sense of Congress recognizing the vital economic and national benefit of BridgeUSA programs, formerly the J-1 Exchange Visitor Program. | Submitted |
| 69 | Version 1 | Good (VA), Luna (FL) | Republican | Late Amends Section 123 and inserts a sense of Congress urging a whole of government approach to the Mexican drug cartels. | Submitted |
Committee Votes
Rules Committee Record Vote No. 46
Motion by Mr. McGovern to amend the rule to make in order the following amendments to H.R. 2: numbers 17, 41, and 44, offered by Representative Jackson Lee; number 13 offered by Representative Griffith; numbers 49, 50, and 51, offered by Representative Grothman; and numbers 8, 10, 33, 34, 35, and 48, offered by Representative Correa, as well as the following amendments to H.R. 1163: numbers 14, 18, 20, and 27, offered by Representative Davis; numbers 36, 37, 38, and 39,offered by Representative Moore; and numbers 41, 42, and 43, offered by Representative Jackson Lee. Defeated: 4–8
Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
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. 47
Motion by Mr. McGovern to amend the rule to make in order amendment #6 to H.R. 2, offered by Representative Jayapal, which codifies the Uniting for Ukraine Program. Defeated: 4–8
Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
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. 48
Motion by Ms. Scanlon make in order amendment #7 to H.R. 2, offered by Representative Scanlon, which allows unaccompanied minors under five years old to be eligible for asylum, whether or not they arrive at a port of entry. Defeated: 4–8
Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
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. 49
Motion by Ms. Leger Fernández to amend the rule and make in order the following amendments to H.R. 2: numbers 8, 10, 33, 34, 35, and 48, offered by Representative Correa; numbers 55 and 56, offered by Representative Vasquez; number 47, offered by Representative Castro; number 4, offered by Representative Garcia; and number 65, offered by Representative Sorenson. Defeated: 4–8
Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
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. 50
Motion by Ms. Leger Fernández to amend the rule to make in order amendment #5 to H.R. 2, offered by Representative Nadler, which strikes the E-Verify Title. Defeated: 4–8
Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
Mr. Norman
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. 51
Motion by Mr. Roy 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