I 113th CONGRESS 2d Session H. R. 5400 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 Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for State enforcement of border security, and for other purposes.

1. Short title This Act may be cited as the Border State Protection Act of 2014 . 2. Findings The Congress finds as follows: (1) it is the role of the Federal Government to establish and enforce the immigration and naturalization laws of the United States; (2) under article IV, section 4 of the Constitution, 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 protect the border states. 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 portion of the international border that are within that State. (b) Operational control The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note). (c) Limitation on liability A State may not be held liable in any Federal action for any act taken pursuant to this Act that is otherwise in conformity with law. 4. Costs of controlling the international border (a) Report During fiscal year 2014 and each fiscal 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 section 3. (b) Calculation On the last day of fiscal year 2014 and the last day of each fiscal year thereafter, Congress shall calculate the total amount of costs detailed in the reports submitted during such fiscal year under subsection (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 Executive 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 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.