[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.''

                          ____________________