[Congressional Record Volume 149, Number 57 (Wednesday, April 9, 2003)]
[House]
[Pages H2996-H2999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECTION OF LAWFUL COMMERCE IN ARMS ACT
The SPEAKER pro tempore. Pursuant to House Resolution 181 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 1036.
{time} 1710
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 1036) to prohibit civil liability actions from being
brought or continued against manufacturers, distributors, dealers, or
importers of firearms or ammunition for damages resulting from the
misuse of their products by others, with Mr. Bass (Chairman pro
tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. When the Committee of the Whole rose
earlier today, amendment No. 4 printed in House Report 108-64 offered
by the gentleman from Massachusetts (Mr. Meehan) had been disposed of.
[[Page H2997]]
No further amendment being in order, the question is on the committee
amendment in the nature of a substitute.
The committee amendment in the nature of a substitute was agreed to.
The CHAIRMAN pro tempore. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Gilchrest) having assumed the chair, Mr. Bass, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
1036) to prohibit civil liability actions from being brought or
continued against manufacturers, distributors, dealers, or importers of
firearms or ammunition for damages resulting from the misuse of their
products by others, pursuant to House Resolution 181, he reported the
bill back to the House with an amendment adopted by the Committee of
the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
The question is on the committee amendment in the nature of a
substitute.
The committee amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time
Motion to Recommit Offered by Mr. Watt
Mr. WATT. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. WATT. Mr. Speaker, I am, indeed.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Watt of North Carolina moves to recommit the bill H.R.
1036 to the Committee on the Judiciary with instructions to
report the same to the House forthwith with the following
amendments:
In section 3--
(1) strike ``(a) In General.--''; and
(2) strike subsection (b).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Watt) is recognized for 5 minutes in support of his
motion to recommit.
Mr. WATT. Mr. Speaker, the section that the motion to recommit would
strike is section 3(b) of the bill, which reads as follows: ``A
qualified civil liability action that is pending on the date of the
enactment of this act shall be dismissed immediately by the court in
which the action was brought or is currently pending.''
The effect of that language is to make this bill not only applicable
to what happens from today forward or from the passage and enactment of
the bill forward, but to make it have retrospective impact.
We estimate that there are upwards of 300 pending lawsuits in various
stages throughout the country. Those lawsuits were filed by plaintiffs
thinking that the state of the law was as it existed prior to this bill
being enacted, if in fact it is. So the effect of the bill would be to
an ex post facto law, which we think would make the bill
unconstitutional; but even if it did not make it unconstitutional,
would certainly make it unfair to people who have filed their lawsuits
in court and, in some cases, have proceeded with trial.
Some of those cases are on appeal. This bill would require their
dismissal, whether they are in discovery, whether they had just filed a
complaint, whether they had gone through the trial process, or whether
they are pending in the Court of Appeals. They may be pending in the
United States Supreme Court. This bill would say those cases would have
to be dismissed.
Mr. Speaker, I would submit that neither the committee, the Committee
on the Judiciary, nor this House has done any evaluation of those
pending lawsuits.
{time} 1715
There have been no hearings about what they entail. We do know that
one of them that would be involved involves a police officer by the
name of Lemongello who testified at the hearing that we had on this
bill, and his lawsuit would be one of those that would be dismissed.
The facts of his case indicate that he was the victim of a gun shot
by an individual, who a dealer sold the gun to a female companion of
that individual, knowing full well that the gun was not to be used by
that female companion. And as soon as they got out the door with the
gun, they were so suspicious of what was going on, they had immediately
called the ATF about that.
We think that the sniper case that is pending would be in jeopardy of
being dismissed by this lawsuit by this bill if this amendment or
motion to recommit is not adopted. And even my colleagues last year
when this bill was being advanced through the House, upon recognizing
what was going on in our community with the sniper incidents, said we
are not going to consider this bill at this time. But here we are a
year later saying that we are going to pass a bill that could eliminate
potential civil liability on the part of the dealer, who should have
known that the gun that was out there which they were not keeping
accurate track of in their inventory, should have known that that gun
was being distributed and sold, and that case would probably be
dismissed.
There are a number of other instances where cases would be dismissed
if this bill goes forward in its current form. It is unseemly that this
House would pass a bill that would have retroactive effect. It is one
thing to say, okay, today, starting today we are putting you on notice
that this is the law from this point forward. It is entirely another
thing to say to people who have filed their lawsuits that the law is
one thing that we are going to change and make this bill retroactive to
you. I ask for my colleagues to support the motion to recommit.
Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to the motion.
Mr. Speaker, the motion to recommit guts the entire bill by
preventing the dismissal of pending lawsuits. Much of the harm this
bill addresses is caused by pending lawsuits.
The Supreme Court has held that Congress can require that pending
lawsuits can be dismissed if it is pursuant to a national economic
policy. A bill that aims to save the national firearms industry from
bankruptcy due to pending lawsuits is an enactment pursuant to a
national economic policy. Certainly saving an industry from bankruptcy
that is essential to preserving a constitutionally protected right to
bear arms under Congress's Commerce Clause authority is constitutional.
If this motion to recommit passes, all that would happen is that
hundreds of additional cases would be filed right before the date of
enactment. This motion to recommit would therefore make the current
situation much worse and further endanger all of our fundamental rights
to bear arms. I urge a ``no'' vote on the motion to recommit.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the motion.
The previous question was ordered.
The SPEAKER pro tempore (Mr. Gilchrest). The question is on the
motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. WATT. Mr. Speaker, I object to the vote on the grounds that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 9 of rule XX, this will be a 15-minute vote on the
motion to recommit, and it will be followed by a 5-minute vote on final
passage and by 5-minute votes on the motions to suspend the rules and
adopt House Resolution 170 and House Resolution 149, which were debated
yesterday.
The vote was taken by electronic device, and there were--yeas 140,
nays 282, not voting 12, as follows:
[Roll No. 123]
YEAS--140
Abercrombie
Ackerman
Allen
Andrews
Baldwin
Ballance
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Brown (OH)
Brown, Corrine
Capps
Capuano
Cardin
Carson (IN)
Case
Clay
Clyburn
Conyers
Crowley
Cummings
Davis (CA)
Davis (FL)
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Doggett
Doyle
[[Page H2998]]
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frost
Gonzalez
Grijalva
Gutierrez
Hastings (FL)
Hoeffel
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kleczka
Kucinich
Langevin
Lantos
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lynch
Majette
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (NC)
Miller, George
Moore
Moran (VA)
Nadler
Napolitano
Neal (MA)
Obey
Olver
Owens
Pallone
Pastor
Payne
Pelosi
Price (NC)
Rangel
Rodriguez
Rothman
Roybal-Allard
Rush
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Schakowsky
Schiff
Scott (VA)
Serrano
Sherman
Slaughter
Solis
Spratt
Stark
Tauscher
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--282
Aderholt
Akin
Alexander
Baca
Bachus
Baird
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bell
Bereuter
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carson (OK)
Carter
Castle
Chabot
Chocola
Coble
Collins
Combest
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis (AL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Dooley (CA)
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
English
Everett
Feeney
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Hostettler
Hulshof
Hunter
Isakson
Issa
Istook
Janklow
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Lampson
Larsen (WA)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (KY)
Manzullo
Marshall
Matheson
McCotter
McCrery
McHugh
McInnis
McIntyre
McKeon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Ortiz
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Regula
Rehberg
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Sanders
Sandlin
Saxton
Schrock
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Turner (TX)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--12
Baker
Boyd
Cole
Davis (IL)
Gephardt
Houghton
Hyde
Lucas (OK)
McCarthy (MO)
Pascrell
Platts
Ryun (KS)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Gilchrest) (during the vote). There are
2 minutes remaining in this vote.
{time} 1739
Mrs. Northup and Messrs. RADANOVICH, SHAYS, GILLMOR, and LaTOURETTE
changed their vote from ``yea'' to ``nay.''
Mr. MEEKS of New York changed his vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. COLE. Mr. Speaker, on rollcall No. 123, I was unavoidably
detained. Had I been present, I would have voted ``nay.''
Mr. PLATTS. Mr. Speaker, on rollcall No. 123, I was unavoidably
detained. Had I been present, I would have voted ``nay.''
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 285,
nays 140, not voting 9, as follows:
[Roll No. 124]
YEAS--285
Aderholt
Akin
Alexander
Baca
Bachus
Baird
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bell
Bereuter
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Bradley (NH)
Brady (TX)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carson (OK)
Carter
Chabot
Chocola
Coble
Cole
Collins
Combest
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis (AL)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Dooley (CA)
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
English
Etheridge
Everett
Feeney
Ferguson
Flake
Fletcher
Foley
Forbes
Ford
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hill
Hinojosa
Hobson
Hoekstra
Holden
Hostettler
Hulshof
Hunter
Isakson
Issa
Istook
Janklow
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Lampson
Larsen (WA)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas (KY)
Manzullo
Marshall
Matheson
McCotter
McCrery
McHugh
McInnis
McIntyre
McKeon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Ney
Northup
Norwood
Nunes
Nussle
Obey
Ortiz
Osborne
Ose
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ryan (OH)
Ryan (WI)
Sanders
Sandlin
Saxton
Schrock
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spratt
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Turner (TX)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NAYS--140
Abercrombie
Ackerman
Allen
Andrews
Baldwin
Ballance
Becerra
Berkley
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Case
Castle
Clay
Clyburn
[[Page H2999]]
Conyers
Crowley
Cummings
Davis (CA)
Davis (FL)
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Doggett
Doyle
Emanuel
Engel
Eshoo
Evans
Farr
Fattah
Filner
Frank (MA)
Frost
Gonzalez
Grijalva
Gutierrez
Harman
Hastings (FL)
Hinchey
Hoeffel
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kennedy (RI)
Kildee
Kilpatrick
Kleczka
Kucinich
Langevin
Lantos
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lynch
Majette
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (NC)
Miller, George
Moore
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Olver
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Price (NC)
Rothman
Roybal-Allard
Ruppersberger
Rush
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Schakowsky
Schiff
Scott (VA)
Serrano
Shays
Sherman
Slaughter
Snyder
Solis
Stark
Tauscher
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--9
Boyd
Davis (IL)
Gephardt
Houghton
Hyde
Lucas (OK)
McCarthy (MO)
Rangel
Ryun (KS)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes left
in this vote.
{time} 1748
Ms. HARMAN changed her vote from ``yea'' to ``nay.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Ms. CORRINE BROWN of Florida. Mr. Speaker, on rollcall vote No. 124 I
voted ``yea,'' and I am a definite ``nay.''
____________________