Border State Protection Act of 2014

Border State Protection Act of 2014 - Authorizes the governor of any state on an international border of the United States to take necessary action to establish operational control of that portion of the international border within the state.

Shields a state from liability in any federal action for any act taken pursuant to this Act that is otherwise in conformity with law.

Allows repayment of state costs from discretionary appropriations made available for non-security foreign aid to Mexico, El Salvador, Honduras, and Guatemala.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5400 Introduced in House (IH)]

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 
   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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border State Protection Act of 
2014''.

SEC. 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.

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 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.

SEC. 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.
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