49–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–646 

PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE 

BILL (H.R. 3979) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO 

ENSURE THAT EMERGENCY SERVICES VOLUNTEERS ARE NOT TAKEN 

INTO ACCOUNT AS EMPLOYEES UNDER THE SHARED RESPONSIBILITY 

REQUIREMENTS CONTAINED IN THE PATIENT PROTECTION AND AFFORDABLE CARE ACT; PROVIDING FOR CONSIDERATION OF THE BILL 

(H.R. 5759) TO ESTABLISH A RULE OF CONSTRUCTION CLARIFYING THE 

LIMITATIONS ON EXECUTIVE AUTHORITY TO PROVIDE CERTAIN FORMS 

OF IMMIGRATION RELIEF; AND PROVIDING FOR CONSIDERATION OF 

THE BILL (H.R. 5781) TO PROVIDE SHORT-TERM WATER SUPPLIES TO 

DROUGHT-STRICKEN CALIFORNIA 

DECEMBER 3, 2014.—Referred to the House Calendar and ordered to be printed 

Mr. NUGENT, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 770] 

The Committee on Rules, having had under consideration House 

Resolution 770, by a record vote of 6 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 the consideration of the Senate 

amendment to H.R. 3979. The resolution makes in order a motion 

offered by the chair of the Committee on Armed Services or his 

designee that the House concur in the Senate amendment with an 

amendment consisting of the text of Rules Committee Print 113– 

58 modified by the amendments printed in part A of this report. 

The resolution waives all points of order against consideration of 

the motion. The resolution provides that the Senate amendment 

and the motion shall be considered as read. The resolution provides 

one hour of debate on the motion equally divided and controlled by 

the chair and ranking minority member of the Committee on 

Armed Services. 

Section 2 of the resolution provides for consideration of H.R. 

5759, the Executive Amnesty Prevention Act of 2014, under a 

closed rule. The resolution provides one hour of debate equally divided and controlled by the chair and ranking minority member of 

the Committee on the Judiciary. The resolution waives all points 

of order against consideration of the bill. The resolution provides 


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that the amendment in the nature of a substitute printed in part 

B of this 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 provides one motion to recommit with or without instructions. 

Section 3 of the resolution provides for consideration of H.R. 

5781, the California Emergency Drought Relief Act of 2014, under 

a closed rule. The resolution provides one hour of debate equally 

divided and controlled by the chair and ranking minority member 

of the Committee on Natural Resources. The resolution waives all 

points of order against consideration of the bill. The resolution provides that the amendment printed in part C of this 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 provides one motion 

to recommit with or without instructions. 

Section 4 of the resolution provides that the chair of the Committee on Armed Services may insert in the Congressional Record 

at any time during the remainder of the second session of the 

113th Congress such material as he may deem explanatory of defense authorization measures for the fiscal year 2015. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the motion includes waivers of the following: 

Clause 4 of rule XXI, prohibiting consideration of an amendment 

proposing an appropriation to a bill reported by a committee not 

having that jurisdiction; 

Clause 7 of rule XVI, requiring that no motion or proposition on 

a subject different from that under consideration shall be admitted 

under color of amendment; 

Section 302(f) of the Congressional Budget Act, which prohibits 

consideration of amendments providing new budget authority in excess of a 302(a) allocation of such authority; and 

Section 306 of the Congressional Budget Act, prohibiting consideration of legislation within the jurisdiction of the Committee on 

the Budget unless referred to or reported by the Budget Committee. 

Although the resolution waives all points of order against consideration of H.R. 5759, 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. 5759, 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 consideration of H.R. 5781, 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. 5781, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 


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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. 196 

Motion by Mr. Cole to amend the rule for the Senate Amendment 

to H.R. 3979 to make in order and provide the appropriate waivers 

for amendment #4 to Rules Committee Print 113–58, offered by 

Rep. Cole (OK) and Rep. Mullin (OK), which strikes section 3003, 

relating to Southeast Arizona land exchange and conservation, 

from the bill. Defeated: 4–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Yea Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 197 

Motion by Ms. Slaughter to report open rules for H.R. 5759 and 

H.R. 5781. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 198 

Motion by Ms. Slaughter to amend the Senate Amendment to 

H.R. 3979 to make in order and provide the appropriate waivers for 

amendment #5 to Rules Committee Print 113–58, offered by Rep. 

Coffman (CO), which prohibits U.S. funds from being used to pay 

the salaries of the Iraqi security forces or to provide weapons or 

equipment to the Iraqi security forces. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 


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Rules Committee record vote No. 199 

Motion by Mr. McGovern to amend the rule for the Senate 

Amendment to H.R. 3979 to make in order and provide the appropriate waivers for amendment #1 to Rules Committee Print 113– 

58, offered by Rep. McGovern (MA) and Rep. Jones (NC), which 

provides that no funds are authorized for military operations related to Operation Inherent Resolve (war against the Islamic State 

in Iraq, Syria and elsewhere) until Congress authorizes such operations. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 200 

Motion by Mr. McGovern to amend the rule for the Senate 

Amendment to H.R. 3979 to make in order and provide the appropriate waivers for amendment #2 to Rules Committee Print 113– 

58, offered by Rep. McGovern (MA) and Rep. Smith (WA) and Rep. 

Jones (NC), which requires that the President must send to Congress determination describing post-2014 deployment of U.S. troops 

in Afghanistan by no later than March 31, 2015 and Congress must 

vote on a joint resolution to authorize this deployment no later 

than 30 days after receiving the President’s determination. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 201 

Motion by Mr. McGovern to amend the rule for the Senate 

Amendment to H.R. 3979 to make in order and provide the appropriate waivers for amendment #3 to Rules Committee Print 113– 

58, offered by Rep. McGovern (MA) and Rep. Jones (NC) and Rep. 

Van Hollen (MD), which provides that none of the funds authorized 

to be appropriated in this Act may be used to deploy U.S. ground 

forces in a combat role to Iraq, Syria, or other countries in the region related to Operation Inherent Resolve. Defeated: 3–7 


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Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 202 

Motion by Mr. Hastings of Florida to amend the rule for the Senate Amendment to H.R. 3979 to make in order and provide the appropriate waivers for amendment #7 to Rules Committee Print 

113–58, offered by Rep. Polis (CO), which adds a provision prohibiting employers, employment agencies, labor organizations, and 

joint labor-management committees from engaging in employment 

discrimination on the basis of an individual’s actual or perceived 

sexual orientation or gender identity. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 203 

Motion by Ms. Foxx to report the rule. Adopted: 6–4 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Nay 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Yea 

Mr. Webster ...................................................... Yea 

Ms. Ros-Lehtinen ............................................. ...................

Mr. Burgess ...................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS TO THE HOUSE AMENDMENT TO THE

SENATE AMENDMENT TO H.R. 3979 IN PART A CONSIDERED AS ADOPTED

1. Sessions (TX): Makes technical changes to the amendatory instructions. 

2. Royce (CA): Inserts language identical to H.R. 5681 to extend 

for another ten years the United States-United Kingdom Mutual 

Defense Agreement, an agreement in place since 1958 that governs 

nuclear cooperation with our closest NATO partner. 


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SUMMARY OF THE AMENDMENT TO H.R. 5759 IN PART B CONSIDERED

AS ADOPTED

Yoho (FL): Changes the short title to ‘‘Preventing Executive 

Overreach on Immigration Act’’; adds six congressional findings related to the President’s unconstitutional actions; adds necessary exceptions for imminent humanitarian and law enforcement reasons; 

and makes the effective date November 20, 2014. 

SUMMARY OF THE AMENDMENT TO H.R. 5781 IN PART C CONSIDERED

AS ADOPTED

Hastings, Doc (WA): Makes technical and conforming changes to 

the bill. 

PART A—TEXT OF AMENDMENTS TO THE HOUSE AMENDMENT TO THE

SENATE AMENDMENT TO H.R. 3979 CONSIDERED AS ADOPTED

AMENDMENT NO. 1 

Strike the amendatory instructions on page 1 of Rules Committee Print 113–58 and insert the following: ‘‘In lieu of the matter 

proposed to be inserted by the Senate amendment to H.R. 3979, insert the following:’’. 

AMENDMENT NO. 2 

At the end of subtitle E of title XII of division A (page 764, after 

line 10), add the following: 

SEC. 1280. APPROVAL OF THE AMENDMENT TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 

AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR 

COOPERATION ON THE USES OF ATOMIC ENERGY FOR 

MUTUAL DEFENSE PURPOSES. 

(a) IN GENERAL.—Notwithstanding the provisions for congressional consideration of a proposed agreement for cooperation in 

subsection d. of section 123 of the Atomic Energy Act of 1954 (42 

U.S.C. 2153), the amendments to the Agreement Between the Government of the United States of America and the Government of 

the United Kingdom of Great Britain and Northern Ireland for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes, done at Washington, July 22, 2014, and transmitted to Congress on July 24, 2014, including all portions thereof (hereinafter 

in this section referred to as the ‘‘Amendment’’), may be brought 

into effect on after the date of the enactment of this Act as if all 

the requirements in such section 123 for consideration of the 

Amendment had been satisfied, subject to subsection (b) of this section. 

(b) APPLICABILITY OF ATOMIC ENERGY ACT OF 1954 AND OTHER

PROVISIONS OF LAW.—Upon coming into effect, the Amendment 

shall be subject to the provisions of the Atomic Energy Act of 1954 

(42 U.S.C. 2011 et seq.) and any other applicable United States law 

as if the Amendment had come into effect in accordance with the 

requirements of section 123 of the Atomic Energy Act of 1954. 


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PART B—TEXT OF AMENDMENT TO H.R. 5759 CONSIDERED AS ADOPTED

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Preventing Executive Overreach on 

Immigration Act of 2014’’. 

SEC. 2. FINDINGS. 

The Congress finds as follows: 

(1) Under article I, section 8, of the Constitution, the Congress has the power to ‘‘establish an uniform Rule of Naturalization’’. As the Supreme Court found in Galvan v. Press, 

‘‘that the formulation of . . . policies [pertaining to the entry 

of aliens and their right to remain here] is entrusted exclusively to Congress has become about as firmly imbedded in the 

legislative and judicial tissues of our body politic as any aspect 

of our government’’. 

(2) Under article II, section 3, of the Constitution, the President is required to ‘‘take Care that the Laws be faithfully executed’’. 

(3) Historically, executive branch officials have legitimately 

exercised their prosecutorial discretion through their constitutional power over foreign affairs to permit individuals or narrow groups of noncitizens to remain in the United States temporarily due to extraordinary circumstances in their country of 

origin that pose an imminent threat to the individuals’ life or 

physical safety. 

(4) Prosecutorial discretion generally ought to be applied on 

a case-by-case basis and not to whole categories of persons. 

(5) President Obama himself has stated at least 22 times in 

the past that he can’t ignore existing immigration law or create 

his own immigration law. 

(6) President Obama’s grant of deferred action to more than 

4,000,000 unlawfully present aliens, as directed in a November 

20, 2014, memorandum issued by Secretary of Homeland Security Jeh Charles Johnson, is without any constitutional or statutory basis. 

SEC. 3. RULE OF CONSTRUCTION. 

(a) IN GENERAL.—Notwithstanding any other law, the executive 

branch of the Government shall not— 

(1) exempt or defer, by Executive order, regulation, or any 

other means, categories of aliens considered under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to be unlawfully present in the United States from removal under such 

laws; 

(2) treat such aliens as if they were lawfully present or had 

a lawful immigration status; or 

(3) treat such aliens other than as unauthorized aliens (as 

defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))). 

(b) EXCEPTIONS.—Subsection (a) shall apply except— 

(1) to the extent prohibited by the Constitution; 

(2) upon the request of Federal, State, or local law enforcement agencies, for purposes of maintaining aliens in the 


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United States to be tried for crimes or to be witnesses at trial; 

or 

(3) for humanitarian purposes where the aliens are at imminent risk of serious bodily harm or death. 

(c) EFFECT OF EXECUTIVE ACTION.—Any action by the executive 

branch with the purpose of circumventing the objectives of this section shall be null and void and without legal effect. 

(d) EFFECTIVE DATE.—This section shall take effect as if enacted 

on November 20, 2014, and shall apply to requests (regardless of 

whether the request is original or for reopening of a previously denied request) submitted on or after such date for — 

(1) work authorization; or 

(2) exemption from, or deferral of, removal. 

PART C—TEXT OF AMENDMENT TO H.R. 5781 CONSIDERED AS ADOPTED

Page 14, line 2, strike ‘‘Commissioner of Reclamation’’ and insert 

‘‘Secretary of the Interior’’. 

Page 14, line 25, strike ‘‘Commissioner’’ and insert ‘‘Secretary of 

the Interior’’. 

Page 15, beginning on line 19, strike ‘‘Commissioner’’ and insert 

‘‘Secretary of the Interior’’. 

Page 16, line 1, strike ‘‘Commissioner’’ and insert ‘‘Secretary of 

the Interior’’. 

Page 18, beginning on line 1, strike ‘‘Smelt Biological Opinion 

and the Salmonid Biological Opinion’’ and insert ‘‘smelt biological 

opinion and the salmonid biological opinion’’. 

Page 18, beginning on line 8, strike ‘‘Smelt Biological Opinion 

and the Salmonid Biological Opinion’’ and insert ‘‘smelt biological 

opinion and the salmonid biological opinion’’. 

Page 18, beginning on line 20, strike ‘‘Biological Opinions’’ and 

insert ‘‘smelt biological opinion and the salmonid biological opinion’’. 

Page 19, beginning on line 12, strike ‘‘Secretary of the Interior 

or the Secretary of Commerce’’ and insert ‘‘Secretaries’’. 

Page 19, line 20, strike ‘‘NEPA’’ and insert ‘‘ENDANGERED SPECIES ACT’’. 

Page 23, line 18, strike ‘‘Secretary of the Interior’s’’ and insert 

‘‘Secretary’s’’. 

Page 23, line 21, strike the comma before ‘‘(Public’’. 

Page 24, line 5, strike ‘‘of the Interior’’. 

Page 24, line 8, strike ‘‘of the Interior’’. 

Page 24, line 13, strike ‘‘Secretary of the Interior’s’’ and insert 

‘‘Secretary’s’’. 

Page 25, beginning on line 2, strike ‘‘direct that the United 

States Bureau of Reclamation’’. 

Æ 


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