I 
113TH CONGRESS 
2D SESSION 
H. R. 5400 
To provide for State enforcement of border security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2014 
Mr. YOHO (for himself, Mr. LAMALFA, Mr. WEBER of Texas, and Mr. 
MCALLISTER) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Appro-
priations, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To provide for State enforcement of border security, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border State Protec-
tion Act of 2014’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(1) it is the role of the Federal Government to 
establish and enforce the immigration and natu-
ralization laws of the United States; 
(2) under article IV, section 4 of the Constitu-
tion, the United States shall protect each State 
against Invasion; 
(3) the Federal Government has failed to secure 
the border with Mexico; 
(4) the border states are financially burdened 
by having to use their own funds and resources to 
deal with illegal immigrants entering their borders; 
and 
(5) the Federal Government has failed to pro-
tect the border states. 
SEC. 3. IN GENERAL. 
(a) STATES AUTHORIZED TO ACT.—The governor of 
any State that is on an international border of the United 
States is hereby authorized to take such actions as may 
be necessary to establish operational control of that por-
tion of the international border that are within that State. 
(b) OPERATIONAL
CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in sec-
tion 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 
note). 
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(c) LIMITATION ON LIABILITY.—A State may not be 
held liable in any Federal action for any act taken pursu-
ant to this Act that is otherwise in conformity with law. 
SEC. 4. COSTS OF CONTROLLING THE INTERNATIONAL 
BORDER. 
(a) REPORT.—During fiscal year 2014 and each fis-
cal year thereafter, the governor of any State may submit 
a report to Congress detailing the costs (expressed as a 
dollar amount) incurred by such State in carrying out sec-
tion 3. 
(b) CALCULATION.—On the last day of fiscal year 
2014 and the last day of each fiscal year thereafter, Con-
gress shall calculate the total amount of costs detailed in 
the reports submitted during such fiscal year under sub-
section (a). 
(c) RESCISSION.—Consistent with the requirements 
of subsections (d) and (e), on the first day of fiscal year 
2015 and the first day of each fiscal year thereafter, there 
is rescinded from unobligated amounts available for ‘‘Ex-
ecutive Office of the President and Funds Appropriated 
to the President’’ an amount equal to the total dollar 
amount (if any) calculated under subsection (b) for the 
fiscal year ending immediately before such day. 
(d) LIMITATION.—Any rescission under subsection 
(c) may not rescind more than 50 percent of the fund 
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made available to the ‘‘Executive Office of the President 
and Funds Appropriated to the President’’ in the fiscal 
year in which such rescission occurs. 
(e) RESCISSION FROM FOREIGN AID.—Any amount 
that would be rescinded in a fiscal year from ‘‘Executive 
Office of the President and Funds Appropriated to the 
President’’ but for the application of subsection (d) shall 
be rescinded from the discretionary appropriations made 
available in such fiscal year for non-security foreign aid 
to Mexico, El Salvador, Honduras, and Guatemala. 
Æ 
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