House Report 118-51 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2) TO SECURE THE BORDERS OF THE UNITED STATES, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1163) TO PROVIDE INCENTIVES FOR STATES TO RECOVER FRAUDULENTLY PAID FEDERAL AND STATE UNEMPLOYMENT COMPENSATION, AND FOR OTHER PURPOSES

[House Report 118-51]
[From the U.S. Government Publishing Office]

118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-51

======================================================================

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2) TO SECURE THE BORDERS
OF THE UNITED STATES, AND FOR OTHER PURPOSES, AND PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 1163) TO PROVIDE INCENTIVES FOR STATES
TO RECOVER FRAUDULENTLY PAID FEDERAL AND STATE UNEMPLOYMENT
COMPENSATION, AND FOR OTHER PURPOSES

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May 10, 2023.--Referred to the House Calendar and ordered to be printed

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Mr. Roy, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 383]

The Committee on Rules, having had under consideration
House Resolution 383, by a record vote of 9 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 consideration of H.R. 2, the
Secure the Border Act of 2023, under a closed rule. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the bill shall be
considered as read. The resolution waives all points of order
against provisions in the bill. The resolution 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. The
resolution provides for one motion to recommit. The resolution
provides for consideration of H.R. 1163, the Protecting
Taxpayers and Victims of Unemployment Fraud Act, under a closed
rule. The resolution waives all points of order against
consideration of the bill. The resolution 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. The resolution waives all points of order
against provisions in the bill, as amended. The resolution
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. The
resolution provides for one motion to recommit.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
H.R. 2 includes:
--Clause 12 of rule XXI, which prohibits consideration of a
bill pursuant to a special order of business reported by the
Committee on Rules that has not been reported by a committee.
However, H.R. 2 is comprised of the text of H.R. 2640, as
reported by the Committee on the Judiciary, H.R. 2794, as
reported by the Committee on Homeland Security, and H.R. 1690,
as reported by the Committee on Foreign Affairs.
--Section 303 of the Congressional Budget Act, which
prohibits consideration of legislation providing a change in
revenue during a fiscal year until the budget resolution for
that year has been agreed to.
--Section 425 of the Congressional Budget Act, which
prohibits consideration of any legislation that would increase
the direct costs of Federal intergovernmental mandates beyond
$50,000,000 (adjusted for inflation) unless the legislation
provides for new budget authority or the legislation
appropriates sufficient funds to cover the new costs.
Although the resolution waives all points of order against
provisions in H.R. 2, the Committee is not aware of any points
of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 1163 includes a waiver of clause 3(e) of rule XIII, which
requires the inclusion of a comparative print for a bill or
joint resolution proposing to repeal or amend a statute.
Although the resolution waives all points of order against
provisions in H.R. 1163, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.

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. 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

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess..................................... Nay Mr. McGovern...................... Yea
Mr. Reschenthaler............................... Nay Ms. Scanlon....................... Yea
Mrs. Fischbach.................................. Nay Mr. Neguse........................ Yea
Mr. Massie...................................... ............ Ms. Leger Fernandez............... Yea
Mr. Norman...................................... Nay
Mr. Roy......................................... Nay
Mrs. Houchin.................................... Nay
Mr. Langworthy.................................. Nay
Mr. Cole, Chairman.............................. Nay
----------------------------------------------------------------------------------------------------------------

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

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

Rules Committee record vote No. 49

Motion by Ms. Leger Fernandez 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

Rules Committee record vote No. 50

Motion by Ms. Leger Fernandez 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

Rules Committee record vote No. 51

Motion by Mr. Roy to report the rule. Adopted: 9-4

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess..................................... Yea Mr. McGovern...................... Nay
Mr. Reschenthaler............................... Yea Ms. Scanlon....................... Nay
Mrs. Fischbach.................................. Yea Mr. Neguse........................ Nay
Mr. Massie...................................... Yea Ms. Leger Fernandez............... Nay
Mr. Norman...................................... Yea
Mr. Roy......................................... Yea
Mrs. Houchin.................................... Yea
Mr. Langworthy.................................. Yea
Mr. Cole, Chairman.............................. Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT TO H.R. 1163 CONSIDERED AS ADOPTED

1. Smith (MO): Ensures that state unemployment trust fund
balances will be held harmless. If a state's unemployment trust
fund balance goes below where it otherwise would have been
absent this law, the amendment directs the Treasury Secretary,
to use the offsets in the bill, subject to appropriations, to
replace the funds in equal amounts so the state will not
increase unemployment taxes.

TEXT OF AMENDMENT TO H.R. 1163 CONSIDERED AS ADOPTED

Page 16, after line 5, insert the following:

SEC. 8. STATE FUND CONTINGENCY.

Subject to appropriations, the unobligated balance as of the
day before the date of the enactment of this Act of amounts
made available under section 2118 of the CARES Act (15 U.S.C.
9034) shall be transferred to the Secretary of the Treasury and
periodically credited, on an as-needed basis, to the
appropriate State account in the Unemployment Trust Fund
established by section 904 of the Social Security Act (42
U.S.C. 1104) in an amount that replaces the amount deposited by
a State in a State fund in accordance with subparagraph (H) or
(I) of section 3304(a)(4) of the Internal Revenue Code of 1986
(as amended by section 3(a) of this Act) if the amount in such
State account is less than the amount that would be in such
State account if such subparagraphs had not been enacted.

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