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115th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      115-127

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

 
 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

                                _______
                                

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.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

                 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.

                                  [all]