[House Report 118-59]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                             { 118-59

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2494) TO MAKE THE ASSAULT 
   OF A LAW ENFORCEMENT OFFICER A DEPORTABLE OFFENSE, AND FOR OTHER 
PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3091) TO ALLOW 
 FEDERAL LAW ENFORCEMENT OFFICERS TO PURCHASE RETIRED SERVICE WEAPONS, 
    AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF THE 
 CONCURRENT RESOLUTION (H. CON. RES. 40) EXPRESSING SUPPORT FOR LOCAL 
LAW ENFORCEMENT OFFICERS AND CONDEMNING EFFORTS TO DEFUND OR DISMANTLE 
                     LOCAL LAW ENFORCEMENT AGENCIES

                                _______
                                

May 15, 2023.--Referred to the House Calendar and ordered to be printed

                                _______
                                

             Mrs. Fischbach, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 398]

    The Committee on Rules, having had under consideration 
House Resolution 398, by a record vote of 8 to 3, 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. 2494, the 
POLICE Act of 2023, under a structured rule. The resolution 
waives all points of order against consideration of the bill. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on the Judiciary or their respective 
designees. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 118-4 shall be considered an original bill for 
the purpose of amendment. That amendment in the nature of a 
substitute shall be considered as read. The resolution waives 
all points of order against the amendment in the nature of a 
substitute. The resolution makes in order only those amendments 
printed in part A of this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated, shall be considered as 
read, shall be debatable for the time specified in the 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 in the House 
or in the Committee of the Whole. The resolution waives all 
points of order against the amendments printed in part A of 
this report. The resolution provides for one motion to 
recommit. The resolution further provides for consideration of 
H.R. 3091, the Federal Law Enforcement Officer Service Weapon 
Purchase Act, under a structured rule. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on the Judiciary or their respective designees. The 
resolution provides that an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 118-
5 shall be considered an original bill for the purpose of 
amendment. That amendment in the nature of a substitute shall 
be considered as read. The resolution waives all points of 
order against the amendment in the nature of a substitute. The 
resolution further makes in order only those amendments printed 
in part B of this report. Each such amendment may be offered 
only in the order printed in this report, may be offered only 
by a Member designated, shall be considered as read, shall be 
debatable for the time specified in the 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 in the House or in the Committee of 
the Whole. The resolution waives all points of order against 
the amendments printed in part B of this report. The resolution 
provides for one motion to recommit. The resolution further 
provides for consideration of H. Con. Res. 40, Expressing 
support for local law enforcement officers and condemning 
efforts to defund or dismantle local law enforcement agencies, 
under a structured rule. The resolution waives all points of 
order against consideration of the concurrent resolution. The 
resolution provides that the concurrent resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in the concurrent resolution. The resolution 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on the Judiciary or their respective designees. The 
resolution further makes in order only the amendment printed in 
part C of this report. Each such amendment may be offered only 
in the order printed in this report, may be offered only by a 
Member designated, shall be considered as read, shall be 
debatable for the time specified in the 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.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 2494, 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 in the nature of a substitute to H.R. 2494, 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 amendments printed in part A of this report, 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 
consideration of H.R. 3091, 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 in the nature of a substitute to H.R. 3091, 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 amendments printed in part B of this report, 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 
consideration of H. Con. Res. 40, 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 H. Con. Res. 40, 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. 52

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #8 to H. Con. Res. 40, offered by Rep. McGovern, 
which expresses gratitude to the United States Capitol Police 
who protected our Capitol on January 6, 2021. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
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. 53

    Motion by Mr. McGovern to amend the rule to self-execute 
amendment #8 toH. Con. Res. 40, offered by Rep. McGovern, which 
expresses gratitude to the United States Capitol Police who protected 
our Capitol on January 6, 2021. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
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. 54

    Motion by Ms. Leger Fernandez to amend the rule to make in 
order amendment #7 to H. Con. Res. 40, offered by Rep. Takano, 
which would strike certain clauses of the preamble and includes 
new historical examples of right-wing violence against police. 
Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
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. 55

    Motion by Mrs. Fischbach to report the rule. Adopted: 8-3

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

            SUMMARY OF THE AMENDMENTS TO H.R. 2494 IN PART A
                             MADE IN ORDER

    1. Boebert (CO): Requires DHS to make publicly available on 
its website an annual report on the number of illegal aliens 
deported for assaulting a law enforcement officer. (10 minutes)
    2. Correa (CA), Leger Fernandez (NM): Amends the bill to 
require a conviction. (10 minutes)

            SUMMARY OF THE AMENDMENTS TO H.R. 3091 IN PART B
                             MADE IN ORDER

    1. Jacobs (CA): Requires each federal agency to establish 
determinations for an officer in good standing (10 minutes)
    2. McCormick (GA): Strikes ``fair market value'' and 
replaces it with ``salvage value,'' which is defined as the 
value of an asset at the end of its useful life. (10 minutes)
    3. Luttrell (TX): Allows retired federal law enforcement 
officers to also be eligible to purchase retired service 
weapons. (10 minutes)
    4. Rosendale (MT): Expands the types of weapons officers 
are allowed to purchases to include all retired firearms. (10 
minutes)

         SUMMARY OF THE AMENDMENT TO H. CON. RES. 40 IN PART C
                             MADE IN ORDER

    1. D'Esposito (NY): Recognizes the important work that 
local law enforcement personnel do every day and states that 
officers should have certain rights during investigations into 
alleged misconduct such as legal resources and counsel. 
Encourages states across the nation to adopt their own Bill of 
Rights to protect our local law enforcement and denounces calls 
to defund the police. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 2494 MADE IN ORDER

    1. An Amendment To Be Offered by Representative Boebert of 
Colorado or Her Designee, Debatable for 10 Minutes
  Add at the end of the bill the following:

SEC. 3. REPORT ON ALIENS DEPORTED FOR ASSAULTING A LAW ENFORCEMENT 
                    OFFICER.

  On an annual basis, the Secretary of Homeland Security shall 
submit to Congress and make publicly available on the website 
of the Department of Homeland Security a report on the number 
of aliens who were deported during the previous year under 
section 237(a)(2)(G) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)(G)).
                              ----------                              


2. An Amendment To Be Offered by Representative Correa of California or 
                 His Designee, Debatable for 10 Minutes

  Page 1, beginning on line 12, strike ``convicted of,'' and 
all that follows through the end of line 14 and insert 
``convicted of''.

         PART B--TEXT OF AMENDMENTS TO H.R. 3091 MADE IN ORDER

1. An Amendment To Be Offered by Representative Jacobs of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 2, insert after line 6 the following (and redesignate 
provisions accordingly):
  (c) Agency Procedures.--Not later than 1 year and 30 days 
after the date of enactment of this Act, each Federal agency 
that is required to make a determination under subsection 
(b)(2), shall by rule establish procedures for making such a 
determination.
                              ----------                              


2. An Amendment To Be Offered by Representative McCormick of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 8, strike ``fair market value'' and insert 
``salvage value''.
  Page 2, line 16, strike ``and'' at the end.
  Page 2, line 19, strike the period at the end and insert ``; 
and''.
  Page 2, insert after line 19 the following:
          (4) the term ``salvage value'' means the value of an 
        asset after it has become useless to the owner or the 
        amount expected to be obtained when a fixed asset is 
        disposed of at the end of its useful life
                              ----------                              


 3. An Amendment To Be Offered by Representative Luttrell of Texas or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 6, insert ``or employed'' before ``such 
officer''.
  Page 2, line 13, insert before the semicolon at the end the 
following: ``, and includes a retired Federal law enforcement 
officer''.
                              ----------                              


4. An Amendment To Be Offered by Representative Rosendale Rosendale of 
           Montana or His Designee, Debatable for 10 Minutes

  Page 1, line 4, strike ``handguns'' and insert ``firearms''.
  Strike ``handgun'' each place it appears and insert 
``firearm''.
  Page 2, line 16, insert before the semicolon the following: 
``, excluding any machinegun (as defined in section 921(a)(24) 
of such title) not lawfully possessed before section 922(o) of 
such title took effect''.

       PART C--TEXT OF AMENDMENT TO H. CON. RES. 40 MADE IN ORDER

1. An Amendment To Be Offered by Representative D'Esposito of New York 
               or His Designee, Debatable for 10 Minutes

  Insert after the eighth clause of the preamble the following 
(and redesignate provisions accordingly):
    Whereas calls to ``defund'', ``disband'', ``dismantle'', or 
``abolish'' the police should be condemned and rule of law 
should be strictly maintained;
    Whereas local law enforcement officers take an oath to 
never betray the public trust;
    Whereas in the course of investigations into officers who 
have allegedly exhibited misconduct, local law enforcement 
should have certain rights to ensure a fair administration of 
justice, including--
          (1) a local law enforcement officer's inherent right 
        to self-defense against physical threats;
          (2) a local law enforcement officer's right to legal 
        recourse if a civilian attempts to assault the local 
        law enforcement officer;
          (3) a local law enforcement officer's right to be 
        protected from physical harassment targeting a local 
        law enforcement officer;
          (4) a local law enforcement officer's right to 
        equipment necessary for personal protection;
          (5) a local law enforcement officer's right to 
        counsel or a representative present at any interview 
        conducted as part of an investigation;
          (6) a local law enforcement officer's right to be 
        informed of the nature of the investigation before any 
        interview commences, including the name of the 
        complainant and sufficient information to reasonably 
        apprise the officer of the allegations;
          (7) during questioning in the course of an 
        investigation a local law enforcement officer's right--
                     (A) to not be subjected to any offensive 
                language;
                     (B) to not be threatened with 
                departmental, civil, or criminal charges; and
                     (C) to not receive financial or 
                promotional inducement;
          (8) a local law enforcement officer's right to a 
        hearing, with notification in advance of the date, 
        access to transcripts, other relevant documents, and 
        evidence;
          (9) a local law enforcement officer's right to have 
        the opportunity to respond to adverse accusations; and
          (10) a local law enforcement officer's right to not 
        be disciplined for exercising a Fifth Amendment right 
        to remain silent unless granted immunity that such 
        statements will not be used against the officer in any 
        criminal proceeding;
    Whereas in order to ensure these investigations are 
conducted in a manner that protects the public, respects the 
rights of local law enforcement personnel, and is conducive to 
good order and discipline;
    Whereas States across the country are encouraged to adopt a 
``Bill of Rights'' for local law enforcement personnel for 
protections related to investigation and prosecution arising 
from conduct during official performance of duties;
    Whereas the local law enforcement community protects our 
streets, acknowledges the rights of all Americans, and keeps 
citizens safe from harm;
    Whereas local law enforcement officers are recognized for 
their public service to all, knowing they face extremely 
dangerous situations while carrying out their duties;
    Whereas a healthy and collaborative relationship between 
local law enforcement officers and the communities they serve 
is essential to creating mutually respectful dialogue;