[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.
____________________