[House Report 115-127]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-127
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1039) TO AMEND SECTION
3606 OF TITLE 18, UNITED STATES CODE, TO GRANT PROBATION OFFICERS
AUTHORITY TO ARREST HOSTILE THIRD PARTIES WHO OBSTRUCT OR IMPEDE A
PROBATION OFFICER IN THE PERFORMANCE OF OFFICIAL DUTIES
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May 16, 2017.--Referred to the House Calendar and ordered to be printed
_______
Mr. Collins of Georgia, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 324]
The Committee on Rules, having had under consideration
House Resolution 324, by a nonrecord vote, 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. 1039, the
Probation Officer Protection Act of 2017, under a structured
rule. The resolution provides one hour of debate equally
divided and controlled by the chair and ranking minority member
of the Committee on the Judiciary. 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 makes in order only the amendment
printed in this report, if offered by the Member designated in
this report, which shall be considered as read, shall be
debatable for the time specified in this report equally divided
and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question. The resolution waives all points of
order against the amendment printed in this report. The
resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment printed in this report, 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. 56
Motion by Ms. Slaughter to make in order and provide the
appropriate waivers to amendment #2, offered by Rep. Kennedy
(MA), which reinstates the authority to appoint an independent
counsel for the purpose of an independent investigation on the
forced resignation of Michael Flynn, National Security Adviser
by the President with regard to alleged collusion with Russia,
as well as investigation on the President's alleged collusion
with Russia in Presidential elections, potential private
business ties, and potential conflict of interests as a result;
and amendment #3 by Rep. Demings (FL), which states that the
Director of the FBI may be removed only for inefficiency,
neglect of duty, or malfeasance in office; and amendment #5 by
Rep. Lieu (CA), which reinstates the authority to appoint an
independent counsel for the purpose of an independent
investigation on the firing of James Comey, the Director of the
FBI, as well as an investigation on the President's alleged
collusions with Russia in Presidential elections, potential
business ties, and the potential conflict of interests as a
result; and amendment #6 by Rep. Moulton (MA), which reinstates
the authority to appoint an independent counsel for the purpose
of an independent investigation on the firing of Sally Yates,
the Deputy Attorney General, and the President's understanding
of the Department of Justice legal order. Defeated: 4-8.
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Majority Members Vote Minority Members Vote
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Mr. Cole........................................ Nay Ms. Slaughter..................... Yea
Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Burgess..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Collins..................................... Nay Mr. Polis......................... Yea
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... ............
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
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SUMMARY OF THE AMENDMENT MADE IN ORDER
1. Jackson Lee (TX): Requests a comprehensive study on the
new authority of probation officers and sunsets that authority
30 months later after enactment. (10 minutes)
TEXT OF AMENDMENT MADE IN ORDER
1. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Add, at the end of the bill, the following:
SEC. 3. COMPTROLLER GENERAL REPORT ON NEW AUTHORITY OF PROBATION
OFFICERS.
Not later than 2 years after the effective date of this act,
the Comptroller General of the United States shall complete a
study, and report to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate on the results thereof, on the arrest authority
provided to probation officers under subsection (b) of section
3606 of title 18, United States Code, as added by section 2 of
this Act. Such study shall include information about--
(1) any instance of an abuse of power in the exercise
of such arrest authority;
(2) any complaints filed about the exercise of such
arrest authority; and
(3) any harm resulting from the exercise of such
arrest authority, including any civil action alleging
the violation of a civil right in the exercise of such
arrest authority.
SEC. 4. SUNSET OF ARREST AUTHORITY.
(a) In General.--Subject to subsection (b) of this section,
section 3606 of title 18, United States Code, is amended by
striking subsection (b).
(b) Effective Date.--Subsection (a) of this section shall
take effect on the date that is 30 months after the effective
date of this Act.
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