II 

Calendar No. 550 

113TH CONGRESS 

2D SESSION H. R. 5230 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5 (legislative day, AUGUST 1), 2014 

Received; read the first time 

SEPTEMBER 8, 2014 

Read the second time and placed on the calendar 

AN ACT 

Making supplemental appropriations for the fiscal year 

ending September 30, 2014, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2014, and for other pur6 poses, namely: 


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1 DIVISION A—SUPPLEMENTAL 

2 APPROPRIATIONS AND RESCISSIONS 

3 TITLE I 

4 DEPARTMENT OF HOMELAND SECURITY 

5 U.S. CUSTOMS AND BORDER PROTECTION

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $71,000,000, to remain available until September 

9 30, 2015, for necessary expenses to apprehend, transport, 

10 and provide temporary shelter associated with the signifi11 cant rise in unaccompanied alien children and alien adults 

12 accompanied by an alien minor at the Southwest Border 

13 of the United States, including related activities to secure 

14 the border, disrupt transnational crime, and the necessary 

15 acquisition, construction, improvement, repair, and man16 agement of facilities: Provided, That not later than 30 

17 days after the date of the enactment of this Act, the Sec18 retary of Homeland Security shall submit to the Commit19 tees on Appropriations of the House of Representatives 

20 and the Senate an obligation and quarterly expenditure 

21 plan for these funds: Provided further, That the Secretary 

22 shall provide to such Committees quarterly updates on the 

23 expenditure of these funds. 


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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $334,000,000, to remain available until Sep5 tember 30, 2015, for necessary expenses to respond to the 

6 significant rise in unaccompanied alien children and alien 

7 adults accompanied by an alien minor at the Southwest 

8 Border of the United States, including for enforcement of 

9 immigration and customs law, including detention and re10 moval operations, of which $262,000,000 shall be for Cus11 tody Operations and $72,000,000 shall be for Transpor12 tation and Removal operations: Provided, That not later 

13 than 30 days after the date of the enactment of this Act, 

14 the Secretary of Homeland Security shall submit to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate an obligation and quarterly expendi17 ture plan for these funds: Provided further, That the Sec18 retary shall provide to such Committees quarterly updates 

19 on the expenditure of these funds. 

20 GENERAL PROVISIONS—THIS TITLE 

21 (INCLUDING RESCISSION)

22 SEC. 101. Notwithstanding any other provision of 

23 law, none of the funds provided by this title shall be avail24 able for obligation or expenditure through a reprogram25 ming or transfer of funds that proposes to use funds diVerDate Mar 15 2010 23:30 Sep 08, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5230.PCS H5230

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1 rected for a specific activity by either of the Committees 

2 on Appropriations of the House of Representatives or the 

3 Senate for a different purpose than for which the appro4 priations were provided: Provided, That prior to the obli5 gation of such funds, a request for approval shall be sub6 mitted to such Committees. 

7 SEC. 102. The Secretary of Homeland Security shall 

8 provide to the Congress quarterly reports that include: (1) 

9 the number of apprehensions at the border delineated by 

10 unaccompanied alien children and alien adults accom11 panied by an alien minor; (2) the number of claims of a 

12 credible fear of persecution delineated by unaccompanied 

13 alien children and alien adults accompanied by an alien 

14 minor, and the number of determinations of valid claims 

15 of a credible fear of persecution delineated by unaccom16 panied alien children and alien adults accompanied by an 

17 alien minor; (3) the number of unaccompanied alien chil18 dren and alien adults accompanied by an alien minor 

19 granted asylum by an immigration judge, delineated by 

20 year of apprehension; (4) the number of alien adults ac21 companied by an alien minor in detention facilities, alter22 natives to detention, and other non-detention forms of su23 pervision; and (5) the number of removals delineated by 

24 unaccompanied alien children and alien adults accom25 panied by an alien minor. 


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1 SEC. 103. Of the unobligated balance available for 

2 ‘‘Department of Homeland Security—Federal Emergency 

3 Management Agency—Disaster Relief Fund’’, 

4 $405,000,000 is rescinded: Provided, That no amounts 

5 may be rescinded from amounts that were designated by 

6 the Congress as an emergency requirement pursuant to 

7 a concurrent resolution on a budget or the Balanced 

8 Budget and Emergency Deficit Control Act of 1985: Pro9 vided further, That no amounts may be rescinded from the 

10 amounts that were designated by the Congress as being 

11 for disaster relief pursuant to section 251(b)(2)(D) of the 

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985. 

14 SEC. 104. Notwithstanding any other provision of 

15 law, grants awarded under sections 2003 or 2004 of the 

16 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) 

17 using funds provided under the heading ‘‘Federal Emer18 gency Management Agency—State and Local Programs’’ 

19 in division F of Public Law 113–76, division D of Public 

20 Law 113–6, or division D of Public Law 112–74 may be 

21 used by State and local law enforcement and public safety 

22 agencies within local units of government along the South23 west Border of the United States for costs incurred during 

24 the award period of performance for personnel, overtime, 

25 travel, costs related to combating illegal immigration and 


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1 drug smuggling, and costs related to providing humani2 tarian relief to unaccompanied alien children and alien 

3 adults accompanied by an alien minor who have entered 

4 the United States. 

5 SEC. 105. Notwithstanding any other provision in 

6 this or any other Act, amounts transferred to the Depart7 ment of Homeland Security pursuant to section 202 of 

8 this Act shall be provided by the Secretary of Homeland 

9 Security under the heading ‘‘Federal Emergency Manage10 ment Agency—State and Local Programs’’ to States along 

11 the Southwest Border of the United States as reimburse12 ment for necessary costs of National Guard personnel acti13 vated under the operational control of the Governors of 

14 such States and deployed for the purpose of border secu15 rity. 

16 TITLE II 

17 DEPARTMENT OF DEFENSE—MILITARY 

18 MILITARY PERSONNEL 

19 NATIONAL GUARD PERSONNEL, ARMY

20 For an additional amount for ‘‘National Guard Per21 sonnel, Army’’, $47,419,000, to remain available until 

22 September 30, 2015, for necessary expenses related to the 

23 Southwest Border of the United States. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $2,258,000, to remain available until 

4 September 30, 2015, for necessary expenses related to the 

5 Southwest Border of the United States. 

6 OPERATION AND MAINTENANCE 

7 OPERATION AND MAINTENANCE, ARMY NATIONAL

8 GUARD

9 For an additional amount for ‘‘Operation and Main10 tenance, Army National Guard’’, $15,807,000, to remain 

11 available until September 30, 2015, for necessary expenses 

12 related to the Southwest Border of the United States. 

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For an additional amount for ‘‘Operation and Main15 tenance, Air National Guard’’, $4,516,000, to remain 

16 available until September 30, 2015, for necessary expenses 

17 related to the Southwest Border of the United States. 

18 GENERAL PROVISIONS—THIS TITLE 

19 (RESCISSION)

20 SEC. 201. Of the unobligated balances of amounts ap21 propriated in title II of division C of Public Law 113– 

22 76 for ‘‘Operation and Maintenance, Defense-Wide’’, 

23 $70,000,000 is hereby rescinded to reflect excess cash bal24 ances in Department of Defense Working Capital Funds. 


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1 SEC. 202. Notwithstanding any other provision in 

2 this Act, of the amounts made available by this Act for 

3 ‘‘National Guard Personnel, Army’’, the Secretary of De4 fense shall transfer to the Department of Homeland Secu5 rity such funds as may be necessary, not to exceed 

6 $35,000,000, to reimburse the States for the cost of any 

7 units or personnel of the National Guard, to perform oper8 ations and missions under State Active Duty status, de9 ployed in support of a southern border mission. 

10 TITLE III 

11 DEPARTMENT OF JUSTICE 

12 GENERAL ADMINISTRATION

13 ADMINISTRATIVE REVIEW AND APPEALS

14 For an additional amount for ‘‘Administrative Review 

15 and Appeals’’ for necessary expenses to respond to the sig16 nificant rise in unaccompanied alien children and alien 

17 adults accompanied by an alien minor at the Southwest 

18 Border of the United States, $22,000,000, to remain 

19 available until September 30, 2015, of which $12,900,000 

20 shall be for additional temporary immigration judges and 

21 related expenses, and $9,100,000 shall be for technology 

22 for judges to expedite the adjudication of immigration 

23 cases. 


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1 GENERAL PROVISION—THIS TITLE 

2 (RESCISSION)

3 SEC. 301. Of the unobligated balances available for 

4 ‘‘Department of Justice—Legal Activities—Assets For5 feiture Fund’’, $22,000,000 is hereby permanently re6 scinded. 

7 TITLE IV 

8 GENERAL PROVISIONS—THIS TITLE 

9 REPATRIATION AND REINTEGRATION

10 SEC. 401. (a) REPATRIATION AND REINTEGRA11 TION.—Of the funds appropriated in titles III and IV of 

12 division K of Public Law 113–76, and in prior Acts mak13 ing appropriations for the Department of State, foreign 

14 operations, and related programs, for assistance for the 

15 countries in Central America, up to $40,000,000 shall be 

16 made available for such countries for repatriation and re17 integration activities: Provided, That funds made available 

18 pursuant to this section may be obligated notwithstanding 

19 subsections (c) and (e) of section 7045 of division K of 

20 Public Law 113–76. 

21 (b) REPORT.—Prior to the initial obligation of funds 

22 made available pursuant to this section, but not later than 

23 15 days after the date of enactment of this Act, and every 

24 90 days thereafter until September 30, 2015, the Sec25 retary of State, in consultation with the Administrator of 


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1 the United States Agency for International Development, 

2 shall submit to the appropriate congressional committees 

3 a report on the obligation of funds made available pursu4 ant to this section by country and the steps taken by the 

5 government of each country to— 

6 (1) improve border security; 

7 (2) enforce laws and policies to stem the flow 

8 of illegal entries into the United States; 

9 (3) enact laws and implement new policies to 

10 stem the flow of illegal entries into the United 

11 States, including increasing penalties for human 

12 smuggling; 

13 (4) conduct public outreach campaigns to ex14 plain the dangers of the journey to the Southwest 

15 Border of the United States, emphasize the lack of 

16 immigration benefits available, and emphasize that 

17 illegal aliens will be removed to their country; and 

18 (5) cooperate with United States Federal agen19 cies to facilitate and expedite the return, repatri20 ation, and reintegration of illegal migrants arriving 

21 at the Southwest Border of the United States. 

22 (c) SUSPENSION OF ASSISTANCE.—The Secretary of 

23 State shall suspend assistance provided pursuant to this 

24 section to the government of a country if such government 

25 is not making significant progress on each item described 


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1 in paragraphs (1) through (5) of subsection (b): Provided, 

2 That assistance may only be resumed if the Secretary re3 ports to the appropriate congressional committees that 

4 subsequent to the suspension of assistance such govern5 ment is making significant progress on each of the items 

6 enumerated in such subsection. 

7 (d) NOTIFICATION REQUIREMENT.—Funds made 

8 available pursuant to this section shall be subject to the 

9 regular notification procedures of the Committees on Ap10 propriations of the House of Representatives and the Sen11 ate. 

12 (RESCISSION)

13 SEC. 402. Of the unexpended balances available to 

14 the President for bilateral economic assistance under the 

15 heading ‘‘Economic Support Fund’’ from prior Acts mak16 ing appropriations for the Department of State, foreign 

17 operations, and related programs, $197,000,000 is re18 scinded: Provided, That no amounts may be rescinded 

19 from amounts that were designated by the Congress for 

20 Overseas Contingency Operations/Global War on Ter21 rorism pursuant to section 251(b)(2)(A) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985 or as 

23 an emergency requirement pursuant to a concurrent reso24 lution on the budget or the Balanced Budget and Emer25 gency Deficit Control Act of 1985. 


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1 TITLE V 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 ADMINISTRATION FOR CHILDREN AND FAMILIES

5 REFUGEE AND ENTRANT ASSISTANCE

6 For an additional amount for ‘‘Refugee and Entrant 

7 Assistance’’, $197,000,000, to be merged with and avail8 able for the same time period and for the same purposes 

9 as the funds made available under this heading in division 

10 H of Public Law 113–76 ‘‘for carrying out such sections 

11 414, 501, 462, and 235’’: Provided, That of this amount, 

12 $47,000,000 shall be for the Social Services and Targeted 

13 Assistance programs. 

14 This division may be cited as the ‘‘Secure the South15 west Border Supplemental Appropriations Act, 2014’’. 

16 DIVISION B—SECURE THE SOUTHWEST 

17 BORDER ACT OF 2014 

18 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

19 (a) SHORT TITLE.—This division may be cited as the 

20 ‘‘Secure the Southwest Border Act of 2014’’. 

21 (b) TABLE OF CONTENTS.—The table of contents for 

22 this division is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROTECTING CHILDREN 

Sec. 101. Repatriation of unaccompanied alien children. 

Sec. 102. Last in, first out. 

Sec. 103. Emergency immigration judge resources. 


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Sec. 104. Protecting children from human traffickers, sex offenders, and other 

criminals. 

Sec. 105. Inclusion of additional grounds for per se ineligibility for asylum. 

TITLE II—USE OF NATIONAL GUARD TO IMPROVE BORDER 

SECURITY 

Sec. 201. National Guard support for border operations. 

TITLE III—NATIONAL SECURITY AND FEDERAL LANDS 

PROTECTION 

Sec. 301. Prohibition on actions that impede border security on certain Federal 

land. 

Sec. 302. Sense of Congress on placement of unauthorized aliens at military installations. 

Sec. 303. Limitation on placement of unauthorized aliens at military installations. 

1 TITLE I—PROTECTING 

2 CHILDREN 

3 SEC. 101. REPATRIATION OF UNACCOMPANIED ALIEN CHIL4 DREN. 

5 Section 235(a) of the William Wilberforce Trafficking 

6 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

7 1232(a)) is amended— 

8 (1) in paragraph (2)— 

9 (A) by amending the paragraph heading to 

10 read as follows: ‘‘RULES FOR UNACCOMPANIED

11 ALIEN CHILDREN.’’; 

12 (B) in subparagraph (A)— 

13 (i) in the matter preceding clause (i), 

14 by striking ‘‘who is a national or habitual 

15 resident of a country that is contiguous 

16 with the United States’’; 


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1 (ii) in clause (i), by inserting ‘‘and’’ at 

2 the end; 

3 (iii) in clause (ii), by striking ‘‘; and’’ 

4 and inserting a period; and 

5 (iv) by striking clause (iii); 

6 (C) in subparagraph (B)— 

7 (i) in the matter preceding clause (i), 

8 by striking ‘‘(8 U.S.C. 1101 et seq.) 

9 may—’’ and inserting ‘‘(8 U.S.C. 1101 et 

10 seq.)—’’; 

11 (ii) in clause (i), by inserting before 

12 ‘‘permit such child to withdraw’’ the fol13 lowing: ‘‘may’’; and 

14 (iii) in clause (ii), by inserting before 

15 ‘‘return such child’’ the following: ‘‘shall’’; 

16 and 

17 (D) in subparagraph (C)— 

18 (i) by amending the subparagraph 

19 heading to read as follows: ‘‘AGREEMENTS

20 WITH FOREIGN COUNTRIES.’’; and 

21 (ii) in the matter preceding clause (i), 

22 by striking ‘‘The Secretary of State shall 

23 negotiate agreements between the United 

24 States and countries contiguous to the 

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1 retary of State may negotiate agreements 

2 between the United States and any foreign 

3 country that the Secretary determines ap4 propriate’’; and 

5 (2) in paragraph (5)(D)— 

6 (A) in the matter preceding clause (i), by 

7 striking ‘‘, except for an unaccompanied alien 

8 child from a contiguous country subject to the 

9 exceptions under subsection (a)(2),’’ and insert10 ing ‘‘who does not meet the criteria listed in 

11 paragraph (2)(A)’’; and 

12 (B) in clause (i), by inserting before the 

13 semicolon at the end the following: ‘‘, which 

14 shall include a hearing before an immigration 

15 judge not later than 14 days after being 

16 screened under paragraph (4) and the unaccom17 panied alien child shall be detained until such 

18 hearing’’. 

19 SEC. 102. LAST IN, FIRST OUT. 

20 In any removal proceedings under section 240 of the 

21 Immigration and Nationality Act (8 U.S.C. 1229a) with 

22 respect to an unaccompanied alien child (as defined in sec23 tion 462(g)(2) of the Homeland Security Act of 2002 (6 

24 U.S.C. 279(g)(2))), priority shall be accorded to the alien 

25 who has most recently arrived in the United States. 


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1 SEC. 103. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

2 Not later than 14 days after the date of the enact3 ment of this Act, the Attorney General shall designate up 

4 to 40 immigration judges, including through the hiring of 

5 retired immigration judges, administrative law judges, or 

6 magistrate judges, or the reassignment of current immi7 gration judges. Such designations shall remain in effect 

8 solely for the duration of the humanitarian crisis at the 

9 southern border (as determined by the Secretary of Home10 land Security, in consultation with the Attorney General). 

11 SEC. 104. PROTECTING CHILDREN FROM HUMAN TRAF12 FICKERS, SEX OFFENDERS, AND OTHER 

13 CRIMINALS. 

14 Section 235(c)(3) of the William Wilberforce Traf15 ficking Victims Protection Reauthorization Act of 2008 (8 

16 U.S.C. 1232(c)(3)) is amended— 

17 (1) in subparagraph (A), by inserting ‘‘, includ18 ing a mandatory biometric criminal history check’’ 

19 before the period at the end; and 

20 (2) by adding at the end the following— 

21 ‘‘(D) PROHIBITION ON PLACEMENT WITH

22 SEX OFFENDERS AND HUMAN TRAFFICKERS.— 

23 ‘‘(i) IN GENERAL.—The Secretary of 

24 Health and Human Services may not place 

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1 tody of an individual who has been con2 victed of— 

3 ‘‘(I) a sex offense (as defined in 

4 section 111 of the Sex Offender Reg5 istration and Notification Act (42 

6 U.S.C. 16911)); or 

7 ‘‘(II) a crime involving a severe 

8 form of trafficking in persons (as de9 fined in section 103 of the Trafficking 

10 Victims Protection Act of 2000 (22 

11 U.S.C. 7102)). 

12 ‘‘(ii) REQUIREMENTS OF CRIMINAL

13 BACKGROUND CHECK.—A biometric crimi14 nal history check under subparagraph (A) 

15 shall be based on a set of fingerprints or 

16 other biometric identifiers and conducted 

17 through— 

18 ‘‘(I) the Federal Bureau of Inves19 tigation; and 

20 ‘‘(II) criminal history repositories 

21 of all States that the individual lists 

22 as current or former residences.’’. 


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1 SEC. 105. INCLUSION OF ADDITIONAL GROUNDS FOR PER 

2 SE INELIGIBILITY FOR ASYLUM. 

3 Section 208(b)(2)(A)(iii) of the Immigration and Na4 tionality Act (8 U.S.C. 1158(b)(2)(A)(iii)) is amended by 

5 inserting after ‘‘a serious nonpolitical crime’’ the fol6 lowing: ‘‘(including any drug-related offense punishable by 

7 a term of imprisonment greater than 1 year)’’. 

8 TITLE II—USE OF NATIONAL 

9 GUARD TO IMPROVE BORDER 

10 SECURITY 

11 SEC. 201. NATIONAL GUARD SUPPORT FOR BORDER OPER12 ATIONS. 

13 (a) DEPLOYMENT AUTHORITY AND FUNDING.— 

14 Amounts appropriated for the Department of Defense in 

15 this Act shall be expended for any units or personnel of 

16 the National Guard deployed to perform operations and 

17 missions under section 502(f) of title 32, United States 

18 Code, on the southern border of the United States. 

19 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

20 (1) IN GENERAL.—National Guard units and 

21 personnel deployed under subsection (a) may be as22 signed such operations as may be necessary to pro23 vide assistance for operations on the southern bor24 der, with priority given to high traffic areas experi25 encing the highest number of crossings by unaccom26 panied alien children. 


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1 (2) NATURE OF DUTY.—The duty of National 

2 Guard personnel performing operations and missions 

3 on the southern border shall be full-time duty under 

4 title 32, United States Code. 

5 (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec6 retary of Defense shall deploy such materiel and equip7 ment and logistical support as may be necessary to ensure 

8 success of the operations and missions conducted by the 

9 National Guard under this section. 

10 (d) EXCLUSION FROM NATIONAL GUARD PER11 SONNEL STRENGTH LIMITATIONS.—National Guard per12 sonnel deployed under subsection (a) shall not be included 

13 in— 

14 (1) the calculation to determine compliance 

15 with limits on end strength for National Guard per16 sonnel; or 

17 (2) limits on the number of National Guard 

18 personnel that may be placed on active duty for 

19 operational support under section 115 of title 10, 

20 United States Code. 

21 (e) HIGH TRAFFIC AREAS DEFINED.—In this sec22 tion: 

23 (1) The term ‘‘high traffic areas’’ means sec24 tors along the northern and southern borders of the 

25 United States that are within the responsibility of 


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1 the Border Patrol that have the most illicit cross2 border activity, informed through situational aware3 ness. 

4 (2) The term ‘‘unaccompanied alien child’’ 

5 means a child who— 

6 (A) has no lawful immigration status in 

7 the United States; 

8 (B) has not attained 18 years of age; and 

9 (C) with respect to whom— 

10 (i) there is no parent or legal guard11 ian in the United States; or 

12 (ii) no parent or legal guardian in the 

13 United States is available to provide care 

14 and physical custody. 

15 TITLE III—NATIONAL SECURITY 

16 AND FEDERAL LANDS PRO17 TECTION 

18 SEC. 301. PROHIBITION ON ACTIONS THAT IMPEDE BOR19 DER SECURITY ON CERTAIN FEDERAL LAND. 

20 (a) PROHIBITION ON SECRETARIES OF THE INTE21 RIOR AND AGRICULTURE.—The Secretary of the Interior 

22 or the Secretary of Agriculture shall not impede, prohibit, 

23 or restrict activities of U.S. Customs and Border Protec24 tion on Federal land located within 100 miles of the 

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1 diction of the Secretary of the Interior or the Secretary 

2 of Agriculture, to execute search and rescue operations, 

3 and to prevent all unlawful entries into the United States, 

4 including entries by terrorists, other unlawful aliens, in5 struments of terrorism, narcotics, and other contraband 

6 through such international land border of the United 

7 States. These authorities of U.S. Customs and Border 

8 Protection on such Federal land apply whether or not a 

9 state of emergency exists. 

10 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

11 BORDER PROTECTION.—U.S. Customs and Border Pro12 tection shall have immediate access to Federal land within 

13 100 miles of the United States border with Mexico that 

14 is under the jurisdiction of the Secretary of the Interior 

15 or the Secretary of Agriculture for purposes of conducting 

16 the following activities on such land that prevent all un17 lawful entries into the United States, including entries by 

18 terrorists, other unlawful aliens, instruments of terrorism, 

19 narcotics, and other contraband through such inter20 national land border of the United States: 

21 (1) Construction and maintenance of roads. 

22 (2) Construction and maintenance of barriers. 

23 (3) Use of vehicles to patrol, apprehend, or res24 cue. 


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1 (4) Installation, maintenance, and operation of 

2 communications and surveillance equipment and sen3 sors. 

4 (5) Deployment of temporary tactical infra5 structure. 

6 (c) CLARIFICATION RELATING TO WAIVER AUTHOR7 ITY.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law (including any termination date re10 lating to the waiver referred to in this subsection), 

11 the waiver by the Secretary of Homeland Security 

12 on April 1, 2008, under section 102(c)(1) of the Ille13 gal Immigration Reform and Immigrant Responsi14 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

15 104–208) of the laws described in paragraph (2) 

16 with respect to certain sections of the international 

17 border between the United States and Mexico shall 

18 be considered to apply to all Federal land under the 

19 jurisdiction of the Secretary of the Interior or the 

20 Secretary of Agriculture within 100 miles of such 

21 international land border of the United States for 

22 the activities of U.S. Customs and Border Protection 

23 described in subsection (b). 

24 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

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1 derness Act (16 U.S.C. 1131 et seq.), the National 

2 Environmental Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.), the Endangered Species Act of 1973 (16 

4 U.S.C. 1531 et seq.), the National Historic Preser5 vation Act (16 U.S.C. 470 et seq.), Public Law 86– 

6 523 (16 U.S.C. 469 et seq.), the Act of June 8, 

7 1906 (commonly known as the ‘‘Antiquities Act of 

8 1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 

9 Rivers Act (16 U.S.C. 1271 et seq.), the Federal 

10 Land Policy and Management Act of 1976 (43 

11 U.S.C. 1701 et seq.), the National Wildlife Refuge 

12 System Administration Act of 1966 (16 U.S.C. 

13 668dd et seq.), the Fish and Wildlife Act of 1956 

14 (16 U.S.C. 742a et seq.), the Fish and Wildlife Co15 ordination Act (16 U.S.C. 661 et seq.), subchapter 

16 II of chapter 5, and chapter 7, of title 5, United 

17 States Code (commonly known as the ‘‘Administra18 tive Procedure Act’’), the National Park Service Or19 ganic Act (16 U.S.C. 1 et seq.), the General Au20 thorities Act of 1970 (Public Law 91–383) (16 

21 U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 

22 of the National Parks and Recreation Act of 1978 

23 (Public Law 95–625, 92 Stat. 3467), and the Ari24 zona Desert Wilderness Act of 1990 (16 U.S.C. 

25 1132 note; Public Law 101–628). 


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HR 5230 PCS

1 (d) PROTECTION OF LEGAL USES.—This section 

2 shall not be construed to provide— 

3 (1) authority to restrict legal uses, such as 

4 grazing, hunting, mining, or public-use recreational 

5 and backcountry airstrips on land under the jurisdic6 tion of the Secretary of the Interior or the Secretary 

7 of Agriculture; or 

8 (2) any additional authority to restrict legal ac9 cess to such land. 

10 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

11 Act shall— 

12 (1) have no force or effect on State or private 

13 lands; and 

14 (2) not provide authority on or access to State 

15 or private lands. 

16 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

17 supersedes, replaces, negates, or diminishes treaties or 

18 other agreements between the United States and Indian 

19 tribes. 

20 SEC. 302. SENSE OF CONGRESS ON PLACEMENT OF UNAU21 THORIZED ALIENS AT MILITARY INSTALLA22 TIONS. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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HR 5230 PCS

1 (1) the Secretary of Defense should not allow 

2 the placement of unauthorized aliens at a military 

3 installation unless— 

4 (A) the Secretary submits written notice to 

5 the congressional defense committees and each 

6 Member of Congress representing any jurisdic7 tion in which an affected military installation is 

8 situated; and 

9 (B) the Secretary publishes notice in the 

10 Federal Register; 

11 (2) the placement of unauthorized aliens at a 

12 military institution should not displace active mem13 bers of the Armed Forces; 

14 (3) the placement of unauthorized aliens at a 

15 military institution should not interfere with any 

16 mission of the Department of Defense; 

17 (4) the Secretary of Health and Human Serv18 ices should not use a military installation for the 

19 placement of unauthorized aliens unless all other fa20 cilities of the Department of Health and Human 

21 Services are unavailable; 

22 (5) the Secretary of Health and Human Serv23 ices should not use a military installation for the 

24 placement of unauthorized aliens for more than 120 

25 days; 


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HR 5230 PCS

1 (6) the Secretary of Health and Human Serv2 ices should ensure that all unauthorized alien chil3 dren are vaccinated upon arrival at a military instal4 lation as set forth in the guidelines of the Office of 

5 Refugee Resettlement; 

6 (7) the Secretary of Health and Human Serv7 ices should ensure that all individuals under the su8 pervision of the Secretary with access to unauthor9 ized alien children at a military installation are 

10 properly cleared according to the procedures set 

11 forth in the Victims of Child Abuse Act of 1990 (42 

12 U.S.C. 13001 et seq.); 

13 (8) the Secretary of Health and Human Serv14 ices should fully comply with the provisions of the 

15 Victims of Child Abuse Act of 1990 (42 U.S.C. 

16 13001 et seq.) with respect to background checks 

17 and should retain full legal responsibility for such 

18 compliance; and 

19 (9) in accordance with section 1535 of title 31, 

20 United States Code (commonly referred to as the 

21 ‘‘Economy Act’’), the Secretary of Health and 

22 Human Services should reimburse the Secretary of 

23 Defense for all expenses incurred by the Secretary of 

24 Defense in carrying out the placement of unauthor25 ized aliens at a military installation. 


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HR 5230 PCS

1 (b) DEFINITIONS.—In this section: 

2 (1) The term ‘‘congressional defense commit3 tees’’ has the meaning given that term in section 

4 101(a)(16) of title 10, United States Code. 

5 (2) The term ‘‘Member of Congress’’ has the 

6 meaning given that term in section 1591(c)(1) of 

7 title 10, United States Code. 

8 (3) The term ‘‘military installation’’ has the 

9 meaning given that term in section 2801(c)(4) of 

10 title 10, United States Code, but does not include an 

11 installation located outside of the United States. 

12 (4) The term ‘‘placement’’ means the placement 

13 of an unauthorized alien in either a detention facility 

14 or an alternative to such a facility. 

15 (5) The term ‘‘unauthorized alien’’ means an 

16 alien unlawfully present in the United States, but 

17 does not include a dependent of a member of the 

18 Armed Forces. 

19 SEC. 303. LIMITATION ON PLACEMENT OF UNAUTHORIZED 

20 ALIENS AT MILITARY INSTALLATIONS. 

21 (a) LIMITATION.—The Secretary of Defense may not 

22 allow the placement of unauthorized aliens at a military 

23 installation in the United States if the use of the military 

24 institution to house or care for unauthorized aliens 

25 would— 


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HR 5230 PCS

1 (1) displace members of the Armed Forces serv2 ing on active duty or in a reserve or Guard status; 

3 or 

4 (2) interfere with activities of the Armed 

5 Forces, including reserve components thereof, at the 

6 installation. 

7 (b) DEFINITIONS.—In this section: 

8 (1) The term ‘‘military installation’’ has the 

9 meaning given such term in section 2801(c)(4) of 

10 title 10, United States Code. 

11 (2) The term ‘‘unauthorized alien’’ means an 

12 alien unlawfully present in the United States, but 

13 does not include a dependent of a member of the 

14 Armed Forces. 

Passed the House of Representatives August 1, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 550 

113TH CONGRESS 

2D SESSION H. R. 5230 

AN ACT 

Making supplemental appropriations for the fiscal 

purposes. year ending September 30, 2014, and for other 

SEPTEMBER 8, 2014 

Read the second time and placed on the calendar 


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