H.Res. 398House118th Congress (2023-2025)Passed Congress

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.

Introduced May 15, 2023

AI-Generated Summary

Updated January 20, 2026 at 7:37 AM UTC

H.Res. 398 is a procedural resolution that lets the House Speaker move the chamber into a Committee of the Whole to consider three separate measures: H.R. 2494, which would make assaulting a law‑enforcement officer a ground for deportation; H.R. 3091, which would let federal officers buy retired service‑type weapons; and H. Con. Res. 40, which expresses support for local police and condemns efforts to defund or dismantle them. The resolution waives points of order, limits debate time, and sets rules for how amendments can be handled.

Key Provisions

  • Directs the Speaker to declare the House in Committee of the Whole to consider H.R. 2494, with waived points of order and a one‑hour, equally split debate limit.
  • Allows the same process for H.R. 3091, also waiving points of order and setting the same debate and amendment rules.
  • Provides for consideration of H. Con. Res. 40, expressing support for local law‑enforcement and condemning defund‑the‑police efforts, with waived points of order and limited debate.

Legislative Activity

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11 earlier actions
HouseFloor Latest Action

Motion to reconsider laid on the table Agreed to without objection.

May 16, 2023 • 2:15 PM

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HouseIntro Referral

Introduced in House

May 15, 2023

HouseCommittee

The House Committee on Rules reported an original measure, H. Rept. 118-59, by Mrs. Fischbach.

May 15, 2023

HouseFloor

The resolution provides for consideration of H.R. 2494 under a structured rule with one hour of general debate; H.R. 3091 under a structured rule with one hour of general debate; and H.Con.Res. 40 under a structured rule with one hour of general debate. The resolution provides for a motion to recommit on H.R. 2494 and H.R. 3091.

May 15, 2023 • 8:58 PM

HouseCalendars

Placed on the House Calendar, Calendar No. 19.

May 15, 2023

HouseFloor

Considered as privileged matter. (consideration: CR H2360-2369)

May 16, 2023 • 12:10 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H. Res. 398.

May 16, 2023 • 12:15 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H. Res. 398, the Chair put the question on ordering the previous question and by voice vote announced the ayes had prevailed. Mr. McGovern demanded the yeas and nays, and the Chair postponed further proceedings until a time to be announced.

May 16, 2023 • 1:06 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2370-2371)

May 16, 2023 • 1:33 PM

HouseFloor

On ordering the previous question Agreed to by the Yeas and Nays: 220 - 209 (Roll no. 215).

May 16, 2023 • 2:05 PM

HouseFloor

Passed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 222 - 203 (Roll no. 216). (text: CR H2360)

May 16, 2023 • 2:15 PM

HouseFloor

On agreeing to the resolution Agreed to by recorded vote: 222 - 203 (Roll no. 216). (text: CR H2360)

May 16, 2023 • 2:15 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 16, 2023 • 2:15 PM

Floor Debate

20 members

What members said about H.Res. 398 on the floor

12 Republicans8 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · May 16, 2023

Mr. Speaker, I thank the gentlewoman from Minnesota for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I begin today with a story. Once upon a time…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · May 17, 2023

Mr. Chair, I yield myself such time as I may consume. Mr. Chair, Federal regulations for the management of Federal property currently prohibit an agency from disposing of functional or repairable…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · May 18, 2023

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this resolution is nothing more than empty rhetoric designed to score political points. It does nothing to help our law…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 17, 2023

Mr. Chairman, I thank the distinguished ranking member, and I thank the manager on the other side for their work. This is National Police Week. I started my week in joining a family from Houston…

Ken Buck
Rep. Ken BuckR-CO-4 · May 18, 2023

Mr. Speaker, pursuant to House Resolution 398, I call up the concurrent resolution (H. Con. Res. 40) expressing support for local law enforcement officers and condemning efforts to defund or…

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Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · May 17, 2023

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, let's be clear: Assaulting a law enforcement officer is a serious offense and cannot be tolerated in the United States. It is…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · May 16, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 398 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Barry Moore
Rep. Barry MooreR-AL-2 · May 17, 2023

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 2494. Mr. Chair, I yield myself such…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · May 18, 2023

Mr. Speaker, I thank the gentleman for allowing me to speak on this issue today. It is an important issue. I remember my first townhall after I was elected to Congress. We had 1,000 people show up.…

Richard McCormick
Rep. Richard McCormickR-GA-6 · May 17, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, I am here today to discuss my amendment to H.R. 3091, the Federal Law Enforcement Officer Service Weapon Purchase Act. Currently, firearms from…

Pramila Jayapal
Rep. Pramila JayapalD-WA-7 · May 18, 2023

Mr. Speaker, I rise in strong opposition to this resolution, and I do so sadly because there are many things that my good colleague across the aisle from Colorado and I agree on and work on. This is…

Chip Roy
Rep. Chip RoyR-TX-21 · May 16, 2023

Mr. Speaker, ``It wasn't an accident. Policing in our country is inherently and intentionally racist. Daunte Wright was met with aggression and violence. I am done with those who condone…

Pramila Jayapal
Rep. Pramila JayapalD-WA-7 · May 17, 2023

Mr. Chair, I rise in strong opposition to H.R. 2494. Once again, the majority has put forward an extreme and unworkable piece of legislation. No one condones serious assaults against law enforcement…

Show 11 more
Russell Fry
Rep. Russell FryR-SC-7 · May 17, 2023

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 3091. Mr. Chair, I yield myself…

Anthony D'Esposito
Rep. Anthony D'EspositoR-NY-4 · May 18, 2023

Mr. Speaker, I have amendment at the desk. Mr. Speaker, I rise today in support of this amendment. During police week, across this Nation, we have taken an opportunity to remember and to reflect upon…

Matthew M. Rosendale, Sr.
Rep. Matthew M. Rosendale, Sr.R-MT-2 · May 17, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, in its current state, H.R. 3091 allows Federal law enforcement to purchase retired handguns from their agency, allowing the agency to recover…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 18, 2023

Mr. Speaker, I thank the ranking member for being so eloquent on where we are today. Let me read the headline of this legislation, H. Con. Res. 40, expressing support for local law enforcement…

Andrew R. Garbarino
Rep. Andrew R. GarbarinoR-NY-2 · May 17, 2023

Mr. Chair, I stand here today during National Police Week to urge the passage of H.R. 2494, the POLICE Act of 2023. The crisis at our southern border is a clear public safety and national security…

Greg Casar
Rep. Greg CasarD-TX-35 · May 17, 2023

Mr. Chair, I rise today in opposition to House Republicans' H.R. 2494, which is not about defending police officers, it is about deporting people. This does nothing to defend against assault. This is…

Sara Jacobs
Rep. Sara JacobsD-CA-51 · May 17, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise today to protect public safety and honor the original intent of this bill through a simple, commonsense amendment. Many of us on both…

J. Luis Correa
Rep. J. Luis CorreaD-CA-46 · May 17, 2023

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, as you know, this week is National Police Week. I thank every peace officer and law enforcement officer for doing their service and for…

Maxwell Frost
Rep. Maxwell FrostD-FL-10 · May 18, 2023

Mr. Speaker, I rise today to talk about what this resolution is really about. No, it is not just about supporting local law enforcement. It is also about trying to attack and vilify the Black Lives…

Erin Houchin
Rep. Erin HouchinR-IN-9 · May 16, 2023

Mr. Speaker, this National Police Week is a special one for me as a new Member of Congress. I promise to always protect our police officers, just as they protect our communities back home. Regardless…

Morgan Luttrell
Rep. Morgan LuttrellR-TX-8 · May 17, 2023

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise today to offer an amendment to H.R. 3091, the Federal Law Enforcement Service Weapon Purchase Act. My amendment would expand those who…

Bill Text

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Engrossed in HouseIssued May 16, 2023

H. RES. 398

In the House of Representatives, U. S.,

May 16, 2023

RESOLUTION

That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2494) to make the assault of a law enforcement officer a deportable offense, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118–4. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part A of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit.

2.

At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3091) to allow Federal law enforcement officers to purchase retired service weapons, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118–5. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, 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. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit.

3.

Upon adoption of this resolution it shall be in order to consider in the House 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. All points of order against consideration of the concurrent resolution are waived. The concurrent resolution shall be considered as read. All points of order against provisions in the concurrent resolution are waived. The previous question shall be considered as ordered on the concurrent resolution and preamble, and on any amendment thereto, to adoption without intervening motion or demand for division of the question except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees; and (2) the amendment printed in part C of the report of the Committee on Rules accompanying this resolution, if offered by the Member designated in the report, which shall be in order without intervention of any point of order, shall be considered as read, shall be separately debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for division of the question.

Clerk.