[Congressional Record Volume 162, Number 108 (Wednesday, July 6, 2016)]
[House]
[Pages H4449-H4460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FEDERAL INFORMATION SYSTEMS SAFEGUARDS ACT OF 2016

  The SPEAKER pro tempore. Pursuant to House Resolution 803 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. 4361.
  Will the gentleman from Georgia (Mr. Collins) kindly take the chair.

                              {time}  2325


                     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. 4361) to amend section 3554 of title 44, United States 
Code, to provide for enhanced security of Federal information systems, 
and for other purposes, with Mr. Collins of Georgia (Acting Chair) in 
the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose earlier today, 
a request for a recorded vote on amendment No. 5 printed in House 
Report 114-666 offered by the gentlewoman from New Jersey (Mrs. Watson 
Coleman) had been postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 114-666 on 
which further proceedings were postponed, in the following order:
  Amendment No. 3 by Ms. Norton of the District of Columbia.
  Amendment No. 5 by Mrs. Watson Coleman of New Jersey.
  The Chair will reduce to 2 minutes the minimum time for any 
electronic vote in this series.


                 Amendment No. 3 Offered by Ms. Norton

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from the 
District of Columbia (Ms. Norton) on which further proceedings were 
postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 183, 
noes 239, not voting 11, as follows:

                             [Roll No. 373]

                               AYES--183

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Comstock
     Connolly
     Conyers
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Foster
     Frankel (FL)

[[Page H4450]]


     Fudge
     Gabbard
     Gallego
     Garamendi
     Graham
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Napolitano
     Neal
     Nolan
     Norcross
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--239

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cooper
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                             NOT VOTING--11

     Bost
     Buchanan
     Delaney
     Ellmers (NC)
     Hastings
     Nadler
     Nugent
     Takai
     Turner
     Westmoreland
     Whitfield


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  2328

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


             Amendment No. 5 Offered by Mrs. Watson Coleman

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from New 
Jersey (Mrs. Watson Coleman) on which further proceedings were 
postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 179, 
noes 243, not voting 11, as follows:

                             [Roll No. 374]

                               AYES--179

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Graham
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Napolitano
     Neal
     Nolan
     Norcross
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Yarmuth

                               NOES--243

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Cooper
     Costa
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peters
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo

[[Page H4451]]


     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                             NOT VOTING--11

     Bost
     Buchanan
     Delaney
     Ellmers (NC)
     Hastings
     Nadler
     Nugent
     Takai
     Turner
     Westmoreland
     Whitfield


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining.

                              {time}  2331

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The Acting CHAIR. The question is on the amendment in the nature of a 
substitute, as amended.
  The amendment was agreed to.
  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Womack) having assumed the chair, Mr. Collins of Georgia, Acting Chair 
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. 
4361) to amend section 3554 of title 44, United States Code, to provide 
for enhanced security of Federal information systems, and for other 
purposes, and, pursuant to House Resolution 803, he reported the bill 
back to the House with an amendment adopted in the Committee of the 
Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole?
  If not, the question is on the amendment in the nature of a 
substitute, as amended.
  The amendment 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

  Mr. THOMPSON of California. Mr. Speaker, I have a motion to recommit 
at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. THOMPSON of California. I am, in its current form.
  Mr. CHAFFETZ. Mr. Speaker, I reserve a point of order on the motion 
to recommit.
  The SPEAKER pro tempore. A point of order is reserved.
  The Clerk will report the motion to recommit.
  The Clerk read as follows:
       Mr. Thompson of California moves to recommit the bill H.R. 
     4361 to the Committee on Oversight and Government Reform with 
     instructions to report the same to the House forthwith with 
     the following amendments:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Denying 
     Firearms and Explosives to Dangerous Terrorists and Public 
     Safety and Second Amendment Rights Protection Act of 2016''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Rule of construction.
Sec. 4. Severability.

 TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM 
  BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND 
                              CHECK SYSTEM

Sec. 101. Reauthorization of the National Criminal History Records 
              Improvement Program.
Sec. 102. Improvement of metrics and incentives.
Sec. 103. Grants to States for improvement of coordination and 
              automation of NICS record reporting.
Sec. 104. Relief from disabilities program.
Sec. 105. Additional protections for veterans.
Sec. 106. Clarification that Federal court information is to be made 
              available to the National Instant Criminal Background 
              Check System.
Sec. 107. Clarification that submission of mental health records to the 
              National Instant Criminal Background Check System is not 
              prohibited by the Health Insurance Portability and 
              Accountability Act.
Sec. 108. Publication of NICS index statistics.
Sec. 109. Effective date.

   TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK 
                                PROCESS

Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Penalties.
Sec. 204. Firearms dispositions.
Sec. 205. Firearm dealer access to law enforcement information.
Sec. 206. Dealer location.
Sec. 207. Residence of United States officers.
Sec. 208. Interstate transportation of firearms or ammunition.
Sec. 209. Rule of construction.
Sec. 210. Effective date.

            TITLE III--NATIONAL COMMISSION ON MASS VIOLENCE

Sec. 301. Short title.
Sec. 302. National Commission on Mass Violence.
Sec. 303. Duties of the Commission.
Sec. 304. Powers of the Commission.
Sec. 305. Commission personnel matters.
Sec. 306. Authorization of appropriations.
Sec. 307. Termination of the Commission.

   TITLE IV--DENYING FIREARMS AND EXPLOSIVES TO DANGEROUS TERRORISTS

Sec. 401. Granting the Attorney General the authority to deny the sale, 
              delivery, or transfer of a firearm or the issuance of a 
              firearms or explosives license or permit to dangerous 
              terrorists.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Congress supports, respects, and defends the 
     fundamental, individual right to keep and bear arms 
     guaranteed by the Second Amendment to the Constitution of the 
     United States.
       (2) Congress supports and reaffirms the existing 
     prohibition on a national firearms registry.
       (3) Congress believes the Department of Justice should 
     prosecute violations of background check requirements to the 
     maximum extent of the law.
       (4) There are deficits in the background check system in 
     existence prior to the date of enactment of this Act and the 
     Department of Justice should make it a top priority to work 
     with States to swiftly input missing records, including 
     mental health records.
       (5) Congress and the citizens of the United States agree 
     that in order to promote safe and responsible gun ownership, 
     dangerous criminals and the seriously mentally ill should be 
     prohibited from possessing firearms; therefore, it should be 
     incumbent upon all citizens to ensure weapons are not being 
     transferred to such people.

     SEC. 3. RULE OF CONSTRUCTION.

       Nothing in this Act, or any amendment made by this Act, 
     shall be construed to--
       (1) expand in any way the enforcement authority or 
     jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives; or
       (2) allow the establishment, directly or indirectly, of a 
     Federal firearms registry.

     SEC. 4. SEVERABILITY.

       If any provision of this Act or an amendment made by this 
     Act, or the application of a provision or amendment to any 
     person or circumstance, is held to be invalid for any reason 
     in any court of competent jurisdiction, the remainder of this 
     Act and amendments made by this Act, and the application of 
     the provisions and amendment to any other person or 
     circumstance, shall not be affected.

 TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM 
  BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND 
                              CHECK SYSTEM

     SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY 
                   RECORDS IMPROVEMENT PROGRAM.

       Section 106(b) of Public Law 103-159 (18 U.S.C. 922 note) 
     is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``of this Act'' and inserting ``of the 
     Denying Firearms and Explosives to Dangerous Terrorists and 
     Public Safety and Second Amendment Rights Protection Act of 
     2016''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated for grants under this 
     subsection $100,000,000 for each of fiscal years 2016 through 
     2019.''.

     SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.

       Section 102(b) of the NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended to read as follows:
       ``(b) Implementation Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Denying

[[Page H4452]]

     Firearms and Explosives to Dangerous Terrorists and Public 
     Safety and Second Amendment Rights Protection Act of 2016, 
     the Attorney General, in coordination with the States, shall 
     establish, for each State or Indian tribal government 
     applying for a grant under section 103, a 4-year 
     implementation plan to ensure maximum coordination and 
     automation of the reporting of records or making of records 
     available to the National Instant Criminal Background Check 
     System.
       ``(2) Benchmark requirements.--Each 4-year plan established 
     under paragraph (1) shall include annual benchmarks, 
     including both qualitative goals and quantitative measures, 
     to enable the Attorney General to assess implementation of 
     the 4-year plan.
       ``(3) Penalties for non-compliance.--
       ``(A) In general.--During the 4-year period covered by a 4-
     year plan established under paragraph (1), the Attorney 
     General shall withhold--
       ``(i) 10 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the first year in the 4-year period;
       ``(ii) 11 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the second year in the 4-year period;
       ``(iii) 13 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the third year in the 4-year period; and
       ``(iv) 15 percent of the amount that would otherwise be 
     allocated to a State under section 505 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the 
     State does not meet the benchmark established under paragraph 
     (2) for the fourth year in the 4-year period.
       ``(B) Failure to establish a plan.--A State that fails to 
     establish a plan under paragraph (1) shall be treated as 
     having not met any benchmark established under paragraph 
     (2).''.

     SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION 
                   AND AUTOMATION OF NICS RECORD REPORTING.

       (a) In General.--The NICS Improvement Amendments Act of 
     2007 (18 U.S.C. 922 note) is amended--
       (1) by striking section 103 and inserting the following:

     ``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION 
                   AND AUTOMATION OF NICS RECORD REPORTING.

       ``(a) Authorization.--From amounts made available to carry 
     out this section, the Attorney General shall make grants to 
     States, Indian Tribal governments, and State court systems, 
     in a manner consistent with the National Criminal History 
     Improvement Program and consistent with State plans for 
     integration, automation, and accessibility of criminal 
     history records, for use by the State, or units of local 
     government of the State, Indian Tribal government, or State 
     court system to improve the automation and transmittal of 
     mental health records and criminal history dispositions, 
     records relevant to determining whether a person has been 
     convicted of a misdemeanor crime of domestic violence, court 
     orders, and mental health adjudications or commitments to 
     Federal and State record repositories in accordance with 
     section 102 and the National Criminal History Improvement 
     Program.
       ``(b) Use of Grant Amounts.--Grants awarded to States, 
     Indian Tribal governments, or State court systems under this 
     section may only be used to--
       ``(1) carry out, as necessary, assessments of the 
     capabilities of the courts of the State or Indian Tribal 
     government for the automation and transmission of arrest and 
     conviction records, court orders, and mental health 
     adjudications or commitments to Federal and State record 
     repositories;
       ``(2) implement policies, systems, and procedures for the 
     automation and transmission of arrest and conviction records, 
     court orders, and mental health adjudications or commitments 
     to Federal and State record repositories;
       ``(3) create electronic systems that provide accurate and 
     up-to-date information which is directly related to checks 
     under the National Instant Criminal Background Check System, 
     including court disposition and corrections records;
       ``(4) assist States or Indian Tribal governments in 
     establishing or enhancing their own capacities to perform 
     background checks using the National Instant Criminal 
     Background Check System; and
       ``(5) develop and maintain the relief from disabilities 
     program in accordance with section 105.
       ``(c) Eligibility.--
       ``(1) In general.--To be eligible for a grant under this 
     section, a State, Indian Tribal government, or State court 
     system shall certify, to the satisfaction of the Attorney 
     General, that the State, Indian Tribal government, or State 
     court system--
       ``(A) is not prohibited by State law or court order from 
     submitting mental health records to the National Instant 
     Criminal Background Check System; and
       ``(B) subject to paragraph (2), has implemented a relief 
     from disabilities program in accordance with section 105.
       ``(2) Relief from disabilities program.--For purposes of 
     obtaining a grant under this section, a State, Indian Tribal 
     government, or State court system shall not be required to 
     meet the eligibility requirement described in paragraph 
     (1)(B) until the date that is 2 years after the date of 
     enactment of the Denying Firearms and Explosives to Dangerous 
     Terrorists and Public Safety and Second Amendment Rights 
     Protection Act of 2016.
       ``(d) Federal Share.--
       ``(1) Studies, assessments, non-material activities.--The 
     Federal share of a study, assessment, creation of a task 
     force, or other non-material activity, as determined by the 
     Attorney General, carried out with a grant under this section 
     shall be not more than 25 percent.
       ``(2) Infrastructure or system development.--The Federal 
     share of an activity involving infrastructure or system 
     development, including labor-related costs, for the purpose 
     of improving State or Indian Tribal government record 
     reporting to the National Instant Criminal Background Check 
     System carried out with a grant under this section may amount 
     to 100 percent of the cost of the activity.
       ``(e) Grants to Indian Tribes.--Up to 5 percent of the 
     grant funding available under this section may be reserved 
     for Indian tribal governments for use by Indian tribal 
     judicial systems.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $100,000,000 for each of fiscal years 2016 through 2019.'';
       (2) by striking title III; and
       (3) in section 401(b), by inserting after ``of this Act'' 
     the following: ``and 18 months after the date of enactment of 
     the Denying Firearms and Explosives to Dangerous Terrorists 
     and Public Safety and Second Amendment Rights Protection Act 
     of 2016''.
       (b) Technical and Conforming Amendment.--The table of 
     sections in section 1(b) of the NICS Improvement Amendments 
     Act of 2007 (18 U.S.C. 922 note) is amended by striking the 
     item relating to section 103 and inserting the following:

``Sec. 103. Grants to States for improvement of coordination and 
              automation of NICS record reporting.''.

     SEC. 104. RELIEF FROM DISABILITIES PROGRAM.

       Section 105 of the NICS Improvement Amendments Act of 2007 
     (18 U.S.C. 922 note) is amended by adding at the end the 
     following:
       ``(c) Penalties for Non-Compliance.--
       ``(1) 10 percent reduction.--During the 1-year period 
     beginning 2 years after the date of enactment of the Denying 
     Firearms and Explosives to Dangerous Terrorists and Public 
     Safety and Second Amendment Rights Protection Act of 2016, 
     the Attorney General shall withhold 10 percent of the amount 
     that would otherwise be allocated to a State under section 
     505 of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3755) if the State has not implemented a relief 
     from disabilities program in accordance with this section.
       ``(2) 11 percent reduction.--During the 1-year period after 
     the expiration of the period described in paragraph (1), the 
     Attorney General shall withhold 11 percent of the amount that 
     would otherwise be allocated to a State under section 505 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3755) if the State has not implemented a relief from 
     disabilities program in accordance with this section.
       ``(3) 13 percent reduction.--During the 1-year period after 
     the expiration of the period described in paragraph (2), the 
     Attorney General shall withhold 13 percent of the amount that 
     would otherwise be allocated to a State under section 505 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3755) if the State has not implemented a relief from 
     disabilities program in accordance with this section.
       ``(4) 15 percent reduction.--After the expiration of the 1-
     year period described in paragraph (3), the Attorney General 
     shall withhold 15 percent of the amount that would otherwise 
     be allocated to a State under section 505 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) 
     if the State has not implemented a relief from disabilities 
     program in accordance with this section.
       ``(5) Reallocation.--Amounts not allocated under section 
     505 of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3755) to a State for failure to implement a relief 
     from disabilities program shall be reallocated to States that 
     are in compliance.''.

     SEC. 105. ADDITIONAL PROTECTIONS FOR VETERANS.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``(a) In General.--In any case arising out of the 
     administration by the Secretary of laws and benefits under 
     this title, a person who is determined by the Secretary to be 
     mentally incompetent shall not be considered adjudicated 
     pursuant to subsection (d)(4) or (g)(4) of section 922 of 
     title 18 until--
       ``(1) in the case in which the person does not request a 
     review as described in subsection (c)(1), the end of the 30-
     day period beginning on the date on which the person receives 
     notice submitted under subsection (b); or

[[Page H4453]]

       ``(2) in the case in which the person requests a review as 
     described in paragraph (1) of subsection (c), upon an 
     assessment by the board designated or established under 
     paragraph (2) of such subsection or court of competent 
     jurisdiction that a person cannot safely use, carry, possess, 
     or store a firearm due to mental incompetency.
       ``(b) Notice.--Notice submitted under this subsection to a 
     person described in subsection (a) is notice submitted by the 
     Secretary that notifies the person of the following:
       ``(1) The determination made by the Secretary.
       ``(2) A description of the implications of being considered 
     adjudicated as a mental defective under subsection (d)(4) or 
     (g)(4) of section 922 of title 18.
       ``(3) The person's right to request a review under 
     subsection (c)(1).
       ``(c) Administrative Review.--(1) Not later than 30 days 
     after the date on which a person described in subsection (a) 
     receives notice submitted under subsection (b), such person 
     may request a review by the board designed or established 
     under paragraph (2) or a court of competent jurisdiction to 
     assess whether a person cannot safely use, carry, possess, or 
     store a firearm due to mental incompetency. In such 
     assessment, the board may consider the person's honorable 
     discharge or decoration.
       ``(2) Not later than 180 days after the date of enactment 
     of the Denying Firearms and Explosives to Dangerous 
     Terrorists and Public Safety and Second Amendment Rights 
     Protection Act of 2016, the Secretary shall designate or 
     establish a board that shall, upon request of a person under 
     paragraph (1), assess whether a person cannot safely use, 
     carry, possess, or store a firearm due to mental 
     incompetency.
       ``(d) Judicial Review.--Not later than 30 days after the 
     date of an assessment of a person under subsection (c) by the 
     board designated or established under paragraph (2) of such 
     subsection, such person may file a petition for judicial 
     review of such assessment with a Federal court of competent 
     jurisdiction.
       ``(e) Protecting Rights of Veterans With Existing 
     Records.--Not later than 90 days after the date of enactment 
     of the Denying Firearms and Explosives to Dangerous 
     Terrorists and Public Safety and Second Amendment Rights 
     Protection Act of 2016, the Secretary shall provide written 
     notice of the opportunity for administrative review and 
     appeal under subsection (c) to all persons who, on the date 
     of enactment of the Denying Firearms and Explosives to 
     Dangerous Terrorists and Public Safety and Second Amendment 
     Rights Protection Act of 2016, are considered adjudicated 
     pursuant to subsection (d)(4) or (g)(4) of section 922 of 
     title 18 as a result of having been found by the Department 
     of Veterans Affairs to be mentally incompetent.
       ``(f) Future Determinations.--
       ``(1) In general.--Not later than 180 days after the 
     enactment of the Denying Firearms and Explosives to Dangerous 
     Terrorists and Public Safety and Second Amendment Rights 
     Protection Act of 2016, the Secretary shall review the 
     policies and procedures by which individuals are determined 
     to be mentally incompetent, and shall revise such policies 
     and procedures as necessary to ensure that any individual who 
     is competent to manage his own financial affairs, including 
     his receipt of Federal benefits, but who voluntarily turns 
     over the management thereof to a fiduciary is not considered 
     adjudicated pursuant to subsection (d)(4) or (g)(4) of 
     section 922 of title 18.
       ``(2) Report.--Not later than 30 days after the Secretary 
     has made the review and changes required under paragraph (1), 
     the Secretary shall submit to Congress a report detailing the 
     results of the review and any resulting policy and procedural 
     changes.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.
       (c) Applicability.--Section 5511 of title 38, United States 
     Code (as added by this section), shall apply only with 
     respect to persons who are determined by the Secretary of 
     Veterans Affairs, on or after the date of the enactment of 
     this Act, to be mentally incompetent, except that those 
     persons who are provided notice pursuant to section 5511(e) 
     of such title shall be entitled to use the administrative 
     review under section 5511(c) of such title and, as necessary, 
     the subsequent judicial review under section 5511(d) of such 
     title.

     SEC. 106. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO 
                   BE MADE AVAILABLE TO THE NATIONAL INSTANT 
                   CRIMINAL BACKGROUND CHECK SYSTEM.

       Section 103(e)(1) of Public Law 103-159 (18 U.S.C. 922 
     note) is amended by adding at the end the following:
       ``(F) Application to federal courts.--In this subsection--
       ``(i) the terms `department or agency of the United States' 
     and `Federal department or agency' include a Federal court; 
     and
       ``(ii) for purposes of any request, submission, or 
     notification, the Director of the Administrative Office of 
     the United States Courts shall perform the functions of the 
     head of the department or agency.''.

     SEC. 107. CLARIFICATION THAT SUBMISSION OF MENTAL HEALTH 
                   RECORDS TO THE NATIONAL INSTANT CRIMINAL 
                   BACKGROUND CHECK SYSTEM IS NOT PROHIBITED BY 
                   THE HEALTH INSURANCE PORTABILITY AND 
                   ACCOUNTABILITY ACT.

       Information collected under section 102(c)(3) of the NICS 
     Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to 
     assist the Attorney General in enforcing section 922(g)(4) of 
     title 18, United States Code, shall not be subject to the 
     regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note).

     SEC. 108. PUBLICATION OF NICS INDEX STATISTICS.

       Not later than 180 days after the date of enactment of this 
     Act, and biannually thereafter, the Attorney General shall 
     make the National Instant Criminal Background Check System 
     index statistics available on a publically accessible 
     Internet website.

     SEC. 109. EFFECTIVE DATE.

       The amendments made by this title shall take effect 180 
     days after the date of enactment of this Act.

   TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK 
                                PROCESS

     SEC. 201. PURPOSE.

       The purpose of this title is to enhance the current 
     background check process in the United States to ensure 
     criminals and the mentally ill are not able to purchase 
     firearms.

     SEC. 202. FIREARMS TRANSFERS.

       (a) In General.--Section 922 of title 18, United States 
     Code, is amended--
       (1) by repealing subsection (s);
       (2) by redesignating subsection (t) as subsection (s);
       (3) in subsection (s), as redesignated--
       (A) in paragraph (1)(B)--
       (i) in clause (i), by striking ``or'';
       (ii) in clause (ii), by striking ``and'' at the end; and
       (iii) by adding at the end the following:
       ``(iii) in the case of an instant background check 
     conducted at a gun show or event during the 4-year period 
     beginning on the effective date under section 210(a) of the 
     Denying Firearms and Explosives to Dangerous Terrorists and 
     Public Safety and Second Amendment Rights Protection Act of 
     2016, 48 hours have elapsed since the licensee contacted the 
     system, and the system has not notified the licensee that the 
     receipt of a firearm by such other person would violate 
     subsection (g) or (n) of this section; or
       ``(iv) in the case of an instant background check conducted 
     at a gun show or event after the 4-year period described in 
     clause (iii), 24 hours have elapsed since the licensee 
     contacted the system, and the system has not notified the 
     licensee that the receipt of a firearm by such other person 
     would violate subsection (g) or (n) of this section; and'';
       (B) in paragraph (3)(C)(ii), by striking ``(as defined in 
     subsection (s)(8))''; and
       (C) by adding at the end the following:
       ``(7) In this subsection--
       ``(A) the term `chief law enforcement officer' means the 
     chief of police, the sheriff, or an equivalent officer or the 
     designee of any such individual; and
       ``(B) the term `gun show or event' has the meaning given 
     the term in subsection (t)(7).
       ``(8) The Federal Bureau of Investigation shall not charge 
     a user fee for a background check conducted pursuant to this 
     subsection.
       ``(9) Notwithstanding any other provision of this chapter, 
     upon receiving a request for an instant background check that 
     originates from a gun show or event, the system shall 
     complete the instant background check before completing any 
     pending instant background check that did not originate from 
     a gun show or event.''; and
       (4) by inserting after subsection (s), as redesignated, the 
     following:
       ``(t)(1) Beginning on the date that is 180 days after the 
     date of enactment of this subsection and except as provided 
     in paragraph (2), it shall be unlawful for any person other 
     than a licensed dealer, licensed manufacturer, or licensed 
     importer to complete the transfer of a firearm to any other 
     person who is not licensed under this chapter, if such 
     transfer occurs--
       ``(A) at a gun show or event, on the curtilage thereof; or
       ``(B) pursuant to an advertisement, posting, display or 
     other listing on the Internet or in a publication by the 
     transferor of his intent to transfer, or the transferee of 
     his intent to acquire, the firearm.
       ``(2) Paragraph (1) shall not apply if--
       ``(A) the transfer is made after a licensed importer, 
     licensed manufacturer, or licensed dealer has first taken 
     possession of the firearm for the purpose of complying with 
     subsection (s), and upon taking possession of the firearm, 
     the licensee complies with all requirements of this chapter 
     as if the licensee were transferring the firearm from the 
     licensee's business inventory to the unlicensed transferee, 
     except that when processing a transfer under this chapter the 
     licensee may accept in lieu of conducting a background check 
     a valid permit issued within the previous 5 years by a State, 
     or a political subdivision of a State, that allows the 
     transferee to possess, acquire, or carry a firearm, if the 
     law of the State, or political subdivision of a State, that 
     issued the permit requires that such permit is issued only 
     after an authorized government official has verified that the 
     information available to

[[Page H4454]]

     such official does not indicate that possession of a firearm 
     by the unlicensed transferee would be in violation of 
     Federal, State, or local law;
       ``(B) the transfer is made between an unlicensed transferor 
     and an unlicensed transferee residing in the same State, 
     which takes place in such State, if--
       ``(i) the Attorney General certifies that State in which 
     the transfer takes place has in effect requirements under law 
     that are generally equivalent to the requirements of this 
     section; and
       ``(ii) the transfer was conducted in compliance with the 
     laws of the State;
       ``(C) the transfer is made between spouses, between parents 
     or spouses of parents and their children or spouses of their 
     children, between siblings or spouses of siblings, or between 
     grandparents or spouses of grandparents and their 
     grandchildren or spouses of their grandchildren, or between 
     aunts or uncles or their spouses and their nieces or nephews 
     or their spouses, or between first cousins, if the transferor 
     does not know or have reasonable cause to believe that the 
     transferee is prohibited from receiving or possessing a 
     firearm under Federal, State, or local law; or
       ``(D) the Attorney General has approved the transfer under 
     section 5812 of the Internal Revenue Code of 1986.
       ``(3) A licensed importer, licensed manufacturer, or 
     licensed dealer who processes a transfer of a firearm 
     authorized under paragraph (2)(A) shall not be subject to a 
     license revocation or license denial based solely upon a 
     violation of those paragraphs, or a violation of the rules or 
     regulations promulgated under this paragraph, unless the 
     licensed importer, licensed manufacturer, or licensed 
     dealer--
       ``(A) knows or has reasonable cause to believe that the 
     information provided for purposes of identifying the 
     transferor, transferee, or the firearm is false;
       ``(B) knows or has reasonable cause to believe that the 
     transferee is prohibited from purchasing, receiving, or 
     possessing a firearm by Federal or State law, or published 
     ordinance; or
       ``(C) knowingly violates any other provision of this 
     chapter, or the rules or regulations promulgated thereunder.
       ``(4)(A) Notwithstanding any other provision of this 
     chapter, except for section 923(m), the Attorney General may 
     implement this subsection with regulations.
       ``(B) Regulations promulgated under this paragraph may not 
     include any provision requiring licensees to facilitate 
     transfers in accordance with paragraph (2)(A).
       ``(C) Regulations promulgated under this paragraph may not 
     include any provision requiring persons not licensed under 
     this chapter to keep records of background checks or firearms 
     transfers.
       ``(D) Regulations promulgated under this paragraph may not 
     include any provision placing a cap on the fee licensees may 
     charge to facilitate transfers in accordance with paragraph 
     (2)(A).
       ``(5)(A) A person other than a licensed importer, licensed 
     manufacturer, or licensed dealer, who makes a transfer of a 
     firearm in accordance with this section, or who is the 
     organizer of a gun show or event at which such transfer 
     occurs, shall be immune from a qualified civil liability 
     action relating to the transfer of the firearm as if the 
     person were a seller of a qualified product.
       ``(B) A provider of an interactive computer service shall 
     be immune from a qualified civil liability action relating to 
     the transfer of a firearm as if the provider of an 
     interactive computer service were a seller of a qualified 
     product.
       ``(C) In this paragraph--
       ``(i) the term `interactive computer service' shall have 
     the meaning given the term in section 230(f) of the 
     Communications Act of 1934 (47 U.S.C. 230(f)); and
       ``(ii) the terms `qualified civil liability action', 
     `qualified product', and `seller' shall have the meanings 
     given the terms in section 4 of the Protection of Lawful 
     Commerce in Arms Act (15 U.S.C. 7903).
       ``(D) Nothing in this paragraph shall be construed to 
     affect the immunity of a provider of an interactive computer 
     service under section 230 of the Communications Act of 1934 
     (47 U.S.C. 230).
       ``(6) In any civil liability action in any State or Federal 
     court arising from the criminal or unlawful use of a firearm 
     following a transfer of such firearm for which no background 
     check was required under this section, this section shall not 
     be construed--
       ``(A) as creating a cause of action for any civil 
     liability; or
       ``(B) as establishing any standard of care.
       ``(7) For purposes of this subsection, the term `gun show 
     or event'--
       ``(A) means any event at which 75 or more firearms are 
     offered or exhibited for sale, exchange, or transfer, if 1 or 
     more of the firearms has been shipped or transported in, or 
     otherwise affects, interstate or foreign commerce; and
       ``(B) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer by an individual from the 
     personal collection of that individual, at the private 
     residence of that individual, if the individual is not 
     required to be licensed under section 923.''.
       (b) Prohibiting the Seizure of Records or Documents.--
     Section 923(g)(1)(D) of such title is amended by striking 
     ``The inspection and examination authorized by this paragraph 
     shall not be construed as authorizing the Attorney General to 
     seize any records or other documents other than those records 
     or documents constituting material evidence of a violation of 
     law.'' and inserting ``The Attorney General shall be 
     prohibited from seizing any records or other documents in the 
     course of an inspection or examination authorized by this 
     paragraph other than those records or documents constituting 
     material evidence of a violation of law.''.
       (c) Prohibition of National Gun Registry.--Section 923 of 
     such title is amended by adding at the end the following:
       ``(m) The Attorney General may not consolidate or 
     centralize the records of the--
       ``(1) acquisition or disposition of firearms, or any 
     portion thereof, maintained by--
       ``(A) a person with a valid, current license under this 
     chapter; or
       ``(B) an unlicensed transferor under section 922(t); or
       ``(2) possession or ownership of a firearm, maintained by 
     any medical or health insurance entity.''.
       (d) Technical and Conforming Amendments.--
       (1) Section 922.--Section 922(y)(2) of title 18, United 
     States Code, is amended, in the matter preceding subparagraph 
     (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
     inserting ``and (g)(5)(B)''.
       (2) Consolidated and further continuing appropriations act, 
     2012.--Section 511 of title V of division B of the 
     Consolidated and Further Continuing Appropriations Act, 2012 
     (18 U.S.C. 922 note) is amended by striking ``subsection 
     922(t)'' each place it appears and inserting ``subsection (s) 
     or (t) of section 922''.

     SEC. 203. PENALTIES.

       Section 924 of title 18, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(8) Whoever makes or attempts to make a transfer of a 
     firearm in violation of section 922(t) to a person not 
     licensed under this chapter who is prohibited from receiving 
     a firearm under subsection (g) or (n) of section 922 or State 
     law, to a law enforcement officer, or to a person acting at 
     the direction of, or with the approval of, a law enforcement 
     officer authorized to investigate or prosecute violations of 
     section 922(t), shall be fined under this title, imprisoned 
     not more than 5 years, or both.''; and
       (2) by adding at the end the following:
       ``(q) Improper Use of Storage of Records.--Any person who 
     knowingly violates section 923(m) shall be fined under this 
     title, imprisoned not more than 15 years, or both.''.

     SEC. 204. FIREARMS DISPOSITIONS.

       Section 922(b)(3) of title 18, United States Code, is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``located'' and inserting ``located or temporarily located''; 
     and
       (2) in subparagraph (A)--
       (A) by striking ``rifle or shotgun'' and inserting 
     ``firearm'';
       (B) by striking ``located'' and inserting ``located or 
     temporarily located''; and
       (C) by striking ``both such States'' and inserting ``the 
     State in which the transfer is conducted and the State of 
     residence of the transferee''.

     SEC. 205. FIREARM DEALER ACCESS TO LAW ENFORCEMENT 
                   INFORMATION.

       Section 103(b) of Public Law 103-159 (18 U.S.C. 922 note) 
     is amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(1) In general.--Not later than''; and
       (2) by adding at the end the following:
       ``(2) Voluntary background checks.--Not later than 90 days 
     after the date of enactment of the Denying Firearms and 
     Explosives to Dangerous Terrorists and Public Safety and 
     Second Amendment Rights Protection Act of 2016, the Attorney 
     General shall promulgate regulations allowing licensees to 
     use the National Instant Criminal Background Check System 
     established under this section for purposes of conducting 
     voluntary preemployment background checks on prospective 
     employees.''.

     SEC. 206. DEALER LOCATION.

       Section 923 of title 18, United States Code, is amended--
       (1) in subsection (j)--
       (A) in the first sentence, by striking ``, and such 
     location is in the State which is specified on the license''; 
     and
       (B) in the last sentence--
       (i) by inserting ``transfer,'' after ``sell,''; and
       (ii) by striking ``Act,'' and all that follows and 
     inserting ``Act.''; and
       (2) by adding after subsection (m), as added by section 
     202(c), the following:
       ``(n) Nothing in this chapter shall be construed to 
     prohibit the sale, transfer, delivery, or other disposition 
     of a firearm or ammunition not otherwise prohibited under 
     this chapter--
       ``(1) by a person licensed under this chapter to another 
     person so licensed, at any location in any State; or
       ``(2) by a licensed importer, licensed manufacturer, or 
     licensed dealer to a person not licensed under this chapter, 
     at a temporary location described in subsection (j) in any 
     State.''.

     SEC. 207. RESIDENCE OF UNITED STATES OFFICERS.

       Section 921 of title 18, United States Code, is amended by 
     striking subsection (b) and inserting the following:
       ``(b) For purposes of this chapter:
       ``(1) A member of the Armed Forces on active duty, or a 
     spouse of such a member, is a resident of--

[[Page H4455]]

       ``(A) the State in which the member or spouse maintains 
     legal residence;
       ``(B) the State in which the permanent duty station of the 
     member is located; and
       ``(C) the State in which the member maintains a place of 
     abode from which the member commutes each day to the 
     permanent duty station of the member.
       ``(2) An officer or employee of the United States (other 
     than a member of the Armed Forces) who is stationed outside 
     the United States for a period of more than 1 year, and a 
     spouse of such an officer or employee, is a resident of the 
     State in which the person maintains legal residence.''.

     SEC. 208. INTERSTATE TRANSPORTATION OF FIREARMS OR 
                   AMMUNITION.

       (a) In General.--Section 926A of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 926A. Interstate transportation of firearms or 
       ammunition

       ``(a) Definition.--In this section, the term `transport'--
       ``(1) includes staying in temporary lodging overnight, 
     stopping for food, fuel, vehicle maintenance, an emergency, 
     medical treatment, and any other activity incidental to the 
     transport; and
       ``(2) does not include transportation--
       ``(A) with the intent to commit a crime punishable by 
     imprisonment for a term exceeding 1 year that involves a 
     firearm; or
       ``(B) with knowledge, or reasonable cause to believe, that 
     a crime described in subparagraph (A) is to be committed in 
     the course of, or arising from, the transportation.
       ``(b) Authorization.--Notwithstanding any provision of any 
     law (including a rule or regulation) of a State or any 
     political subdivision thereof, a person who is not prohibited 
     by this chapter from possessing, transporting, shipping, or 
     receiving a firearm or ammunition shall be entitled to--
       ``(1) transport a firearm for any lawful purpose from any 
     place where the person may lawfully possess, carry, or 
     transport the firearm to any other such place if, during the 
     transportation--
       ``(A) the firearm is unloaded; and
       ``(B)(i) if the transportation is by motor vehicle--
       ``(I) the firearm is not directly accessible from the 
     passenger compartment of the motor vehicle; or
       ``(II) if the motor vehicle is without a compartment 
     separate from the passenger compartment, the firearm is--

       ``(aa) in a locked container other than the glove 
     compartment or console; or
       ``(bb) secured by a secure gun storage or safety device; or

       ``(ii) if the transportation is by other means, the firearm 
     is in a locked container or secured by a secure gun storage 
     or safety device; and
       ``(2) transport ammunition for any lawful purpose from any 
     place where the person may lawfully possess, carry, or 
     transport the ammunition, to any other such place if, during 
     the transportation--
       ``(A) the ammunition is not loaded into a firearm; and
       ``(B)(i) if the transportation is by motor vehicle--
       ``(I) the ammunition is not directly accessible from the 
     passenger compartment of the motor vehicle; or
       ``(II) if the motor vehicle is without a compartment 
     separate from the passenger compartment, the ammunition is in 
     a locked container other than the glove compartment or 
     console; or
       ``(ii) if the transportation is by other means, the 
     ammunition is in a locked container.
       ``(c) Limitation on Arrest Authority.--A person who is 
     transporting a firearm or ammunition may not be--
       ``(1) arrested for violation of any law or any rule or 
     regulation of a State, or any political subdivision thereof, 
     relating to the possession, transportation, or carrying of 
     firearms or ammunition, unless there is probable cause that 
     the transportation is not in accordance with subsection (b); 
     or
       ``(2) detained for violation of any law or any rule or 
     regulation of a State, or any political subdivision thereof, 
     relating to the possession, transportation, or carrying of 
     firearms or ammunition, unless there is reasonable suspicion 
     that the transportation is not in accordance with subsection 
     (b).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 44 of such title is amended by striking 
     the item relating to section 926A and inserting the 
     following:

``926A. Interstate transportation of firearms or ammunition.''.

     SEC. 209. RULE OF CONSTRUCTION.

       Nothing in this title, or an amendment made by this title, 
     shall be construed--
       (1) to extend background check requirements to transfers 
     other than those made at gun shows or on the curtilage 
     thereof, or pursuant to an advertisement, posting, display, 
     or other listing on the Internet or in a publication by the 
     transferor of the intent of the transferor to transfer, or 
     the transferee of the intent of the transferee to acquire, 
     the firearm; or
       (2) to extend background check requirements to temporary 
     transfers for purposes including lawful hunting or sporting 
     or to temporary possession of a firearm for purposes of 
     examination or evaluation by a prospective transferee.

     SEC. 210. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title and the amendments made by this title shall take effect 
     180 days after the date of enactment of this Act.
       (b) Firearm Dealer Access to Law Enforcement Information.--
     Section 205 and the amendments made by section 205 shall take 
     effect on the date of enactment of this Act.

            TITLE III--NATIONAL COMMISSION ON MASS VIOLENCE

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``National Commission on 
     Mass Violence Act of 2016''.

     SEC. 302. NATIONAL COMMISSION ON MASS VIOLENCE.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the National Commission on Mass 
     Violence (in this title referred to as the ``Commission'') to 
     study the availability and nature of firearms, including the 
     means of acquiring firearms, issues relating to mental 
     health, and all positive and negative impacts of the 
     availability and nature of firearms on incidents of mass 
     violence or in preventing mass violence.
       (b) Membership.--
       (1) Appointments.--The Commission shall be composed of 12 
     members, of whom--
       (A) 6 members of the Commission shall be appointed by the 
     Majority Leader of the Senate, in consultation with the 
     Minority Leader of the Senate, 1 of whom shall serve as 
     Chairman of the Commission; and
       (B) 6 members of the Commission shall be appointed by the 
     Speaker of the House of Representatives, in consultation with 
     the Minority Leader of the House of Representatives, 1 of 
     whom shall serve as Vice Chairman of the Commission.
       (2) Persons eligible.--
       (A) In general.--The members appointed to the Commission 
     shall include--
       (i) well-known and respected individuals among their peers 
     in their respective fields of expertise; and
       (ii) not less than 1 non-elected individual from each of 
     the following categories, who has expertise in the category, 
     by both experience and training:

       (I) Firearms.
       (II) Mental health.
       (III) School safety.
       (IV) Mass media.

       (B) Experts.--In identifying the individuals to serve on 
     the Commission, the appointing authorities shall take special 
     care to identify experts in the fields described in section 
     303(a)(2).
       (C) Party affiliation.--Not more than 6 members of the 
     Commission shall be from the same political party.
       (3) Completion of appointments; vacancies.--Not later than 
     30 days after the date of enactment of this Act, the 
     appointing authorities under paragraph (1) shall each make 
     their respective appointments. Any vacancy that occurs during 
     the life of the Commission shall not affect the powers of the 
     Commission, and shall be filled in the same manner as the 
     original appointment not later than 30 days after the vacancy 
     occurs.
       (4) Operation of the commission.--
       (A) Meetings.--
       (i) In general.--The Commission shall meet at the call of 
     the Chairman.
       (ii) Initial meeting.--The initial meeting of the 
     Commission shall be conducted not later than 30 days after 
     the later of--

       (I) the date of the appointment of the last member of the 
     Commission; or
       (II) the date on which appropriated funds are available for 
     the Commission.

       (B) Quorum; vacancies; voting; rules.--A majority of the 
     members of the Commission shall constitute a quorum to 
     conduct business, but the Commission may establish a lesser 
     quorum for conducting hearings scheduled by the Commission. 
     Each member of the Commission shall have 1 vote, and the vote 
     of each member shall be accorded the same weight. The 
     Commission may establish by majority vote any other rules for 
     the conduct of the Commission's business, if such rules are 
     not inconsistent with this title or other applicable law.

     SEC. 303. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--It shall be the duty of the Commission to 
     conduct a comprehensive factual study of incidents of mass 
     violence, including incidents of mass violence not involving 
     firearms, in the context of the many acts of senseless mass 
     violence that occur in the United States each year, in order 
     to determine the root causes of such mass violence.
       (2) Matters to be studied.--In determining the root causes 
     of these recurring and tragic acts of mass violence, the 
     Commission shall study any matter that the Commission 
     determines relevant to meeting the requirements of paragraph 
     (1), including at a minimum--
       (A) the role of schools, including the level of involvement 
     and awareness of teachers and school administrators in the 
     lives of their students and the availability of mental health 
     and other resources and strategies to help detect and counter 
     tendencies of students towards mass violence;
       (B) the effectiveness of and resources available for school 
     security strategies to prevent incidents of mass violence;
       (C) the role of families and the availability of mental 
     health and other resources and strategies to help families 
     detect and counter tendencies toward mass violence;

[[Page H4456]]

       (D) the effectiveness and use of, and resources available 
     to, the mental health system in understanding, detecting, and 
     countering tendencies toward mass violence, as well as the 
     effects of treatments and therapies;
       (E) whether medical doctors and other mental health 
     professionals have the ability, without negative legal or 
     professional consequences, to notify law enforcement 
     officials when a patient is a danger to himself or others;
       (F) the nature and impact of the alienation of the 
     perpetrators of such incidents of mass violence from their 
     schools, families, peer groups, and places of work;
       (G) the role that domestic violence plays in causing 
     incidents of mass violence;
       (H) the effect of depictions of mass violence in the media, 
     and any impact of such depictions on incidents of mass 
     violence;
       (I) the availability and nature of firearms, including the 
     means of acquiring such firearms, and all positive and 
     negative impacts of such availability and nature on incidents 
     of mass violence or in preventing mass violence;
       (J) the role of current prosecution rates in contributing 
     to the availability of weapons that are used in mass 
     violence;
       (K) the availability of information regarding the 
     construction of weapons, including explosive devices, and any 
     impact of such information on such incidents of mass 
     violence;
       (L) the views of law enforcement officials, religious 
     leaders, mental health experts, and other relevant officials 
     on the root causes and prevention of mass violence;
       (M) incidents in which firearms were used to stop mass 
     violence; and
       (N) any other area that the Commission determines 
     contributes to the causes of mass violence.
       (3) Testimony of victims and survivors.--In determining the 
     root causes of these recurring and tragic incidents of mass 
     violence, the Commission shall, in accordance with section 
     304(a), take the testimony of victims and survivors to learn 
     and memorialize their views and experiences regarding such 
     incidents of mass violence.
       (b) Recommendations.--Based on the findings of the study 
     required under subsection (a), the Commission shall make 
     recommendations to the President and Congress to address the 
     causes of these recurring and tragic incidents of mass 
     violence and to reduce such incidents of mass violence.
       (c) Reports.--
       (1) Interim report.--Not later than 3 months after the date 
     on which the Commission first meets, the Commission shall 
     submit to the President and Congress an interim report 
     describing any initial recommendations of the Commission.
       (2) Final report.--Not later than 6 months after the date 
     on which the Commission first meets, the Commission shall 
     submit to the President and Congress a comprehensive report 
     of the findings and conclusions of the Commission, together 
     with the recommendations of the Commission.
       (3) Summaries.--The report under paragraph (2) shall 
     include a summary of--
       (A) the reports submitted to the Commission by any entity 
     under contract for research under section 304(e); and
       (B) any other material relied on by the Commission in the 
     preparation of the report.

     SEC. 304. POWERS OF THE COMMISSION.

       (a) Hearings.--
       (1) In general.--The Commission may hold such hearings, sit 
     and act at such times and places, administer such oaths, take 
     such testimony, and receive such evidence as the Commission 
     considers advisable to carry out its duties under section 
     303.
       (2) Witness expenses.--Witnesses requested to appear before 
     the Commission shall be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal agency such information as 
     the Commission considers necessary to carry out its duties 
     under section 143. Upon the request of the Commission, the 
     head of such agency may furnish such information to the 
     Commission.
       (c) Information To Be Kept Confidential.--
       (1) In general.--The Commission shall be considered an 
     agency of the Federal Government for purposes of section 1905 
     of title 18, United States Code, and any individual employed 
     by any individual or entity under contract with the 
     Commission under subsection (d) of this section shall be 
     considered an employee of the Commission for the purposes of 
     section 1905 of title 18, United States Code.
       (2) Disclosure.--Information obtained by the Commission or 
     the Attorney General under this title and shared with the 
     Commission, other than information available to the public, 
     shall not be disclosed to any person in any manner, except--
       (A) to Commission employees or employees of any individual 
     or entity under contract to the Commission under subsection 
     (d) for the purpose of receiving, reviewing, or processing 
     such information;
       (B) upon court order; or
       (C) when publicly released by the Commission in an 
     aggregate or summary form that does not directly or 
     indirectly disclose--
       (i) the identity of any person or business entity; or
       (ii) any information which could not be released under 
     section 1905 of title 18, United States Code.
       (d) Contracting for Research.--The Commission may enter 
     into contracts with any entity for research necessary to 
     carry out the duties of the Commission under section 303.

     SEC. 305. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Commission.
       (c) Staff.--
       (1) In general.--The Chairman of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional employees as may be necessary to enable the 
     Commission to perform its duties. The employment and 
     termination of an executive director shall be subject to 
     confirmation by a majority of the members of the Commission.
       (2) Compensation.--The executive director shall be 
     compensated at a rate not to exceed the rate payable for 
     level V of the Executive Schedule under section 5316 of title 
     5, United States Code. The Chairman may fix the compensation 
     of other employees without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for such employees may not exceed the rate payable for level 
     V of the Executive Schedule under section 5316 of such title.
       (3) Detail of government employees.--Any Federal Government 
     employee, with the approval of the head of the appropriate 
     Federal agency, may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status, benefits, or privilege.
       (d) Procurement of Temporary and Intermittent Services.--
     The Chairman of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals not to exceed 
     the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     and any agency of the Federal Government assisting the 
     Commission in carrying out its duties under this title such 
     sums as may be necessary to carry out the purposes of this 
     title. Any sums appropriated shall remain available, without 
     fiscal year limitation, until expended.

     SEC. 307. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 30 days after the Commission 
     submits the final report under section 303(c)(2).

   TITLE IV--DENYING FIREARMS AND EXPLOSIVES TO DANGEROUS TERRORISTS

     SEC. 401. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY 
                   THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR 
                   THE ISSUANCE OF A FIREARMS OR EXPLOSIVES 
                   LICENSE OR PERMIT TO DANGEROUS TERRORISTS.

       (a) Standard for Exercising Attorney General Discretion 
     Regarding Transferring Firearms or Issuing Firearms Permits 
     to Dangerous Terrorists.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) by inserting the following new section after section 
     922:

     ``Sec. 922A. Attorney General's discretion to deny transfer 
       of a firearm

       ``The Attorney General may deny the transfer of a firearm 
     pursuant to section 922(t)(1)(B)(ii) if the Attorney General 
     determines that the transferee is known (or appropriately 
     suspected) to be or have been engaged in conduct 
     constituting, in preparation for, in aid of, or related to 
     terrorism, or providing material support thereof, and the 
     Attorney General has a reasonable belief that the prospective 
     transferee may use a firearm in connection with terrorism.'';
       (2) by inserting the following new section after section 
     922A:

     ``Sec. 922B. Attorney General's discretion regarding 
       applicants for firearm permits which would qualify for the 
       exemption provided under section 922(t)(3)

       ``The Attorney General may determine that an applicant for 
     a firearm permit which would qualify for an exemption under 
     section 922(t)(3) is known (or appropriately suspected) to be 
     or have been engaged in conduct constituting, in preparation 
     for, in aid of, or related to terrorism, or providing 
     material support thereof, and the Attorney General has a 
     reasonable belief that the applicant may use a firearm in 
     connection with terrorism.''; and

[[Page H4457]]

       (3) in section 921(a), by adding at the end the following:
       ``(36) The term `terrorism' means `international terrorism' 
     as defined in section 2331(1), and `domestic terrorism' as 
     defined in section 2331(5).
       ``(37) The term `material support' means `material support 
     or resources' within the meaning of section 2339A or 2339B.
       ``(38) The term `responsible person' means an individual 
     who has the power, directly or indirectly, to direct or cause 
     the direction of the management and policies of the applicant 
     or licensee pertaining to firearms.''.
       (b) Effect of Attorney General Discretionary Denial Through 
     the National Instant Criminal Background Check System (NICS) 
     on Firearms Permits.--Section 922(t) of such title is 
     amended--
       (1) in paragraph (1)(B)(ii), by inserting ``or State law, 
     or that the Attorney General has determined to deny the 
     transfer of a firearm pursuant to section 922A'' before the 
     semicolon;
       (2) in paragraph (2), by inserting after ``or State law'' 
     the following: ``or if the Attorney General has not 
     determined to deny the transfer of a firearm pursuant to 
     section 922A'';
       (3) in paragraph (3)(A)(i)--
       (A) by striking ``and'' at the end of subclause (I); and
       (B) by adding at the end the following:
       ``(III) was issued after a check of the system established 
     pursuant to paragraph (1);'';
       (4) in paragraph (3)(A)--
       (A) by adding ``and'' at the end of clause (ii); and
       (B) by adding after and below the end the following:
       ``(iii) the State issuing the permit agrees to deny the 
     permit application if such other person is the subject of a 
     determination by the Attorney General pursuant to section 
     922B;'';
       (5) in paragraph (4), by inserting after ``or State law,'' 
     the following: ``or if the Attorney General has not 
     determined to deny the transfer of a firearm pursuant to 
     section 922A,''; and
       (6) in paragraph (5), by inserting after ``or State law,'' 
     the following: ``or if the Attorney General has determined to 
     deny the transfer of a firearm pursuant to section 922A,''.
       (c) Unlawful Sale or Disposition of Firearm Based on 
     Attorney General Discretionary Denial.--Section 922(d) of 
     such title is amended--
       (1) by striking ``or'' at the end of paragraph (8);
       (2) by striking the period at the end of paragraph (9) and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) has been the subject of a determination by the 
     Attorney General pursuant to section 922A, 922B, 
     923(d)(1)(H), or 923(e) of this title.''.
       (d) Attorney General Discretionary Denial as Prohibitor.--
     Section 922(g) of such title is amended--
       (1) by striking ``or'' at the end of paragraph (8);
       (2) by striking the comma at the end of paragraph (9) and 
     inserting; ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) who has received actual notice of the Attorney 
     General's determination made pursuant to section 922A, 922B, 
     923(d)(1)(H), or 923(e) of this title,''.
       (e) Attorney General Discretionary Denial of Federal 
     Firearms Licenses.--Section 923(d)(1) of such title is 
     amended--
       (1) by striking ``Any'' and inserting ``Except as provided 
     in subparagraph (H), any'';
       (2) in subparagraph (F)(iii), by striking ``and'' at the 
     end;
       (3) in subparagraph (G), by striking the period and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(H) The Attorney General may deny a license application 
     if the Attorney General determines that the applicant 
     (including any responsible person) is known (or appropriately 
     suspected) to be or have been engaged in conduct 
     constituting, in preparation for, in aid of, or related to 
     terrorism, or providing material support thereof, and the 
     Attorney General has a reasonable belief that the applicant 
     may use a firearm in connection with terrorism.''.
       (f) Discretionary Revocation of Federal Firearms 
     Licenses.--Section 923(e) of such title is amended--
       (1) in the 1st sentence--
       (A) by inserting after ``revoke'' the following: ``--(1)''; 
     and
       (B) by striking the period and inserting a semicolon;
       (2) in the 2nd sentence--
       (A) by striking ``The Attorney General may, after notice 
     and opportunity for hearing, revoke'' and insert ``(2)''; and
       (B) by striking the period and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(3) any license issued under this section if the Attorney 
     General determines that the holder of the license (including 
     any responsible person) is known (or appropriately suspected) 
     to be or have been engaged in conduct constituting, in 
     preparation for, in aid of, or related to terrorism, or 
     providing material support thereof, and the Attorney General 
     has a reasonable belief that the applicant may use a firearm 
     in connection with terrorism.''.
       (g) Attorney General's Ability to Withhold Information in 
     Firearms License Denial and Revocation Suit.--Section 923(f) 
     of such title is amended--
       (1) in the 1st sentence of paragraph (1), by inserting ``, 
     except that if the denial or revocation is pursuant to 
     subsection (d)(1)(H) or (e)(3), then any information on which 
     the Attorney General relied for this determination may be 
     withheld from the petitioner if the Attorney General 
     determines that disclosure of the information would likely 
     compromise national security'' before the period; and
       (2) in paragraph (3), by inserting after the 3rd sentence 
     the following: ``With respect to any information withheld 
     from the aggrieved party under paragraph (1), the United 
     States may submit, and the court may rely on, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security.''.
       (h) Attorney General's Ability to Withhold Information in 
     Relief From Disabilities Lawsuits.--Section 925(c) of such 
     title is amended by inserting after the 3rd sentence the 
     following: ``If receipt of a firearm by the person would 
     violate section 922(g)(10), any information which the 
     Attorney General relied on for this determination may be 
     withheld from the applicant if the Attorney General 
     determines that disclosure of the information would likely 
     compromise national security. In responding to the petition, 
     the United States may submit, and the court may rely on, 
     summaries or redacted versions of documents containing 
     information the disclosure of which the Attorney General has 
     determined would likely compromise national security.''.
       (i) Penalties.--Section 924(k) of such title is amended--
       (1) by striking ``or'' at the end of paragraph (2);
       (2) in paragraph (3), by striking ``, or'' and inserting 
     ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) constitutes an act of terrorism (as defined in 
     section 921(a)(36)), or material support thereof (as defined 
     in section 921(a)(37)); or''.
       (j) Remedy for Erroneous Denial of Firearm or Firearm 
     Permit Exemption.--Section 925A of such title is amended--
       (1) in the section heading, by striking ``Remedy for 
     erroneous denial of firearm'' and inserting ``Remedies'';
       (2) by striking ``Any person denied a firearm pursuant to 
     subsection (s) or (t) of section 922'' and inserting the 
     following:
       ``(a) Except as provided in subsection (b), any person 
     denied a firearm pursuant to section 922(t) or pursuant to a 
     determination made under section 922B,''; and
       (3) by adding after and below the end the following:
       ``(b) In any case in which the Attorney General has denied 
     the transfer of a firearm to a prospective transferee 
     pursuant to section 922A or has made a determination 
     regarding a firearm permit applicant pursuant to section 
     922B, an action challenging the determination may be brought 
     against the United States. The petition must be filed not 
     later than 60 days after the petitioner has received actual 
     notice of the Attorney General's determination made pursuant 
     to section 922A or 922B. The court shall sustain the Attorney 
     General's determination on a showing by the United States by 
     a preponderance of evidence that the Attorney General's 
     determination satisfied the requirements of section 922A or 
     922B. To make this showing, the United States may submit, and 
     the court may rely on, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security. On request of the petitioner or the 
     court's own motion, the court may review the full, 
     undisclosed documents ex parte and in camera. The court shall 
     determine whether the summaries or redacted versions, as the 
     case may be, are fair and accurate representations of the 
     underlying documents. The court shall not consider the full, 
     undisclosed documents in deciding whether the Attorney 
     General's determination satisfies the requirements of section 
     922A or 922B.''.
       (k) Provision of Grounds Underlying Ineligibility 
     Determination by the National Instant Criminal Background 
     Check System.--Section 103 of the Brady Handgun Violence 
     Prevention Act (Public Law 103-159) is amended--
       (1) in subsection (f)--
       (A) by inserting after ``is ineligible to receive a 
     firearm,'' the following: ``or the Attorney General has made 
     a determination regarding an applicant for a firearm permit 
     pursuant to section 922B of title 18, United States Code''; 
     and
       (B) by inserting after ``the system shall provide such 
     reasons to the individual,'' the following: ``except for any 
     information the disclosure of which the Attorney General has 
     determined would likely compromise national security''; and
       (2) in subsection (g)--
       (A) in the 1st sentence, by inserting after ``subsection 
     (g) or (n) of section 922 of title 18, United States Code or 
     State law'' the following: ``or if the Attorney General has 
     made a determination pursuant to section 922A or 922B of such 
     title,'';
       (B) by inserting ``, except any information the disclosure 
     of which the Attorney General has determined would likely 
     compromise national security'' before the period; and
       (C) by adding at the end the following: ``Any petition for 
     review of information withheld by the Attorney General under 
     this

[[Page H4458]]

     subsection shall be made in accordance with section 925A of 
     title 18, United States Code.''.
       (l) Unlawful Distribution of Explosives Based on Attorney 
     General Discretionary Denial.--Section 842(d) of such title 
     is amended--
       (1) by striking the period at the end of paragraph (9) and 
     inserting ``; or''; and
       (2) by adding at the end the following:
       ``(10) has received actual notice of the Attorney General's 
     determination made pursuant to section 843(b)(8) or (d)(2) of 
     this title.''.
       (m) Attorney General Discretionary Denial as Prohibitor.--
     Section 842(i) of such title is amended--
       (1) by adding ``; or'' at the end of paragraph (7); and
       (2) by inserting after paragraph (7) the following:
       ``(8) who has received actual notice of the Attorney 
     General's determination made pursuant to section 843(b)(8) or 
     (d)(2),''.
       (n) Attorney General Discretionary Denial of Federal 
     Explosives Licenses and Permits.--Section 843(b) of such 
     title is amended--
       (1) by striking ``Upon'' and inserting the following: 
     ``Except as provided in paragraph (8), on''; and
       (2) by inserting after paragraph (7) the following:
       ``(8) The Attorney General may deny the issuance of a 
     permit or license to an applicant if the Attorney General 
     determines that the applicant or a responsible person or 
     employee possessor thereof is known (or appropriately 
     suspected) to be or have been engaged in conduct 
     constituting, in preparation of, in aid of, or related to 
     terrorism, or providing material support thereof, and the 
     Attorney General has a reasonable belief that the person may 
     use explosives in connection with terrorism.''.
       (o) Attorney General Discretionary Revocation of Federal 
     Explosives Licenses and Permits.--Section 843(d) of such 
     title is amended--
       (1) by inserting ``(1)'' in the first sentence after 
     ``if''; and
       (2) by striking the period at the end of the first sentence 
     and inserting the following: ``; or (2) the Attorney General 
     determines that the licensee or holder (or any responsible 
     person or employee possessor thereof) is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support thereof, 
     and that the Attorney General has a reasonable belief that 
     the person may use explosives in connection with 
     terrorism.''.
       (p) Attorney General's Ability to Withhold Information in 
     Explosives License and Permit Denial and Revocation Suits.--
     Section 843(e) of such title is amended--
       (1) in the 1st sentence of paragraph (1), by inserting 
     ``except that if the denial or revocation is based on a 
     determination under subsection (b)(8) or (d)(2), then any 
     information which the Attorney General relied on for the 
     determination may be withheld from the petitioner if the 
     Attorney General determines that disclosure of the 
     information would likely compromise national security'' 
     before the period; and
       (2) in paragraph (2), by adding at the end the following: 
     ``In responding to any petition for review of a denial or 
     revocation based on a determination under section 843(b)(8) 
     or (d)(2), the United States may submit, and the court may 
     rely on, summaries or redacted versions of documents 
     containing information the disclosure of which the Attorney 
     General has determined would likely compromise national 
     security.''.
       (q) Ability to Withhold Information in Communications to 
     Employers.--Section 843(h)(2) of such title is amended--
       (1) in subparagraph (A), by inserting ``or section 
     843(b)(1) (on grounds of terrorism) of this title,'' after 
     ``section 842(i),''; and
       (2) in subparagraph (B)--
       (A) by inserting ``or section 843(b)(8)'' after ``section 
     842(i)''; and
       (B) in clause (ii), by inserting ``, except that any 
     information that the Attorney General relied on for a 
     determination pursuant to section 843(b)(8) may be withheld 
     if the Attorney General concludes that disclosure of the 
     information would likely compromise national security'' 
     before the semicolon.
       (r) Conforming Amendment to Immigration and Nationality 
     Act.--Section 101(a)(43)(E)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by 
     striking ``or (5)'' and inserting ``(5), or (10)''.

       Amend the title so as to read: ``A bill to increase public 
     safety by permitting the Attorney General to deny the 
     transfer of a firearm or the issuance of firearms or 
     explosives licenses to a known or suspected dangerous 
     terrorist, and to protect Second Amendment rights, ensure 
     that all individuals who should be prohibited from buying a 
     firearm are listed in the National Instant Criminal 
     Background Check System, and provide a responsible and 
     consistent background check process.''.

  Mr. THOMPSON of California (during the reading). Mr. Speaker, I ask 
unanimous consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 5 minutes.
  Mr. THOMPSON of California. Mr. Speaker, this is the final amendment 
to the bill. It will not kill the bill or send it back to committee. If 
adopted, the bill will immediately proceed to final passage, as 
amended.
  My motion to recommit would incorporate into the underlying 
legislation H.R. 1076, a bipartisan measure of no fly, no buy, and H.R. 
1217, another bipartisan bill to strengthen our background check system 
for gun sales.
  These bills are common sense. They are bipartisan. They respect the 
Second Amendment. I am a gun owner. If these bills did anything to 
violate those rights, my name wouldn't be on them. Most importantly, 
they would help keep guns away from those who shouldn't have them: 
terrorists, criminals, domestic abusers, and the dangerously mentally 
ill.
  H.R. 1076 was introduced by our Republican colleague Peter King. This 
bill says that if you are on the FBI's terrorist no-fly list then you 
don't get to walk into a gun store, pass a background check, and leave 
with a gun or guns of your choosing. If there is one thing both sides 
of the aisle should be able to agree on it is keeping guns from 
suspected terrorists, and 181 Members of this House have signed the 
petition to force an up-or-down vote on the bill.
  Mr. Speaker, give us a vote on this legislation.
  The second bill, H.R. 1217, is a bipartisan, pro-Second Amendment 
bill that would close dangerous loopholes in our background check 
system that allow criminals, domestic abusers, and the dangerously 
mentally ill to bypass a background check and purchase guns online, at 
gun shows, or through classified ads. The bill has 186 bipartisan 
coauthors.
  Mr. Speaker, give us a vote on this legislation.
  These are the bills the American people want to see enacted into law 
as 85 percent of Americans favor banning individuals on the no-fly list 
from being able to buy a gun, and 90 percent of Americans support 
strengthening and expanding our background check system.
  We have been calling for a vote on this bipartisan legislation to 
reduce gun violence for 3\1/2\ years. It was that long ago that 20 
elementary school kids and six educators were shot to death at Sandy 
Hook Elementary School in Newtown, Connecticut.
  For reasons that I will never understand, that horrific tragedy was 
not enough to convince the Republican leadership that something needed 
to be done to prevent the next tragedy. Sadly, in the 3\1/2\ years that 
the Republicans have refused to vote on legislation to keep guns out of 
dangerous hands, our country has lost far too many innocent lives to 
gun violence.
  Let me give you some numbers: 3\1/2\, the number of years it has been 
since Sandy Hook; 34,000, the number of people killed by someone with a 
gun since Sandy Hook; 1,182, the number of mass shootings since Sandy 
Hook; 30, the number of moments of silence since Sandy Hook; 521, the 
number of legislative days since Sandy Hook; most importantly, the 
number zero. That is the number of votes we have taken in this House to 
keep guns out of dangerous hands. That is shameful.
  Congress has a responsibility to take action to keep our communities 
safe from gun violence. With this motion, our Republican colleagues 
have an opportunity right here, right now, to vote on these bills. We 
are here to represent and to fight for the people we have the privilege 
to serve.
  The overwhelming majority of American people wants to see their 
elected representatives take action to help keep guns away from those 
who shouldn't have them: terrorists, criminals, domestic abusers, and 
the dangerously mentally ill. This debate isn't a choice between 
respecting the Second Amendment or reducing gun violence. It is about 
Congress doing both.
  Mr. Speaker, it is long past time for the Republican leadership to 
give us a vote on this pro-Second Amendment, pro-gun safety 
legislation. We can't allow mass gun violence, followed by moments of 
silence and no action, to become America's new normal. We can't wait 
for more innocent lives to be cut short by someone who has used a gun. 
We need to pass this motion and help spare families the pain of losing 
a loved one to gun violence. Give us a vote. Pass this bill.

[[Page H4459]]

  I yield back the balance of my time.

                              {time}  2340


                             Point of Order

  Mr. CHAFFETZ. Mr. Speaker, I raise a point of order against the 
motion because the instruction contains matter in the jurisdiction of a 
committee to which the resolution was not referred, thus violating 
clause 7 of rule XVI which requires an amendment to be germane to the 
measure being amended.
  The committee of jurisdiction is a central test of germaneness; 
therefore, I must insist on the point of order.
  The SPEAKER pro tempore. Are there any other Members who wish to 
speak on the point of order?
  If not, the Chair is prepared to rule.
  The gentleman from Utah makes a point of order that the instructions 
proposed in the motion to recommit offered by the gentleman from 
California are not germane.
  The bill addresses operational and administrative aspects of Federal 
agencies, including information technology management, government-wide 
rulemaking restrictions, and sundry personnel matters. The instructions 
in the motion to recommit address, in part, adjudication of veterans 
under title 38, United States Code.
  Among the fundamental principles of germaneness is that an amendment 
must confine itself to matters that fall within the jurisdiction of the 
committees with jurisdiction over the pending measure.
  The bill, as amended, falls within the legislative jurisdiction of 
the Committee on Oversight and Government Reform and the Committee on 
the Judiciary. The instructions contained in the motion to recommit 
address subject matter within the legislative jurisdiction of the 
Committee on Veterans' Affairs. The Chair would note that the relevant 
portion of the text of the instructions contained in the motion to 
recommit is similar in form to the bill, H.R. 1217, which was referred 
in addition to the Committee on Veterans' Affairs.
  By addressing a matter within the jurisdiction of a committee not 
represented in the bill, the instructions propose an amendment that is 
not germane.
  The point of order is sustained. The motion is not in order.
  Mr. THOMPSON of California. Mr. Speaker, I appeal the ruling of the 
Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


                            Motion to Table

  Mr. CHAFFETZ. Mr. Speaker, I move to table the appeal of the ruling 
of the Chair.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. THOMPSON of California. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to table will be followed by a 5-minute vote 
on the passage of the bill, if arising without further proceedings in 
recommittal.
  The vote was taken by electronic device, and there were--ayes 240, 
noes 182, not voting 11, as follows:

                             [Roll No. 375]

                               AYES--240

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                               NOES--182

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Graham
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Napolitano
     Neal
     Nolan
     Norcross
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--11

     Bost
     Buchanan
     Delaney
     Ellmers (NC)
     Hastings
     Nadler
     Nugent
     Takai
     Turner
     Westmoreland
     Whitfield


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining.

                              {time}  2357

  Mr. YARMUTH changed his vote from ``aye'' to ``no.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  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.

[[Page H4460]]

  



                             Recorded Vote

  Ms. KELLY of Illinois. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 241, 
noes 181, not voting 11, as follows:

                             [Roll No. 376]

                               AYES--241

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Black
     Blackburn
     Blum
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cooper
     Costa
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Emmer (MN)
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                               NOES--181

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Bishop (UT)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Comstock
     Connolly
     Conyers
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Graham
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Napolitano
     Neal
     Nolan
     Norcross
     O'Rourke
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--11

     Bost
     Buchanan
     Delaney
     Ellmers (NC)
     Hastings
     Nadler
     Nugent
     Takai
     Turner
     Westmoreland
     Whitfield

                              {time}  0003

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________