[Congressional Record Volume 164, Number 86 (Thursday, May 24, 2018)]
[House]
[Pages H4716-H4722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019
The Committee resumed its sitting.
Amendment No. 168 Offered by Mr. Ferguson
The Acting CHAIR (Mr. Amodei). It is now in order to consider
amendment No. 168 printed in House Report 115-702.
Mr. FERGUSON. Mr. Chairman, I rise today in support of my amendment
[[Page H4717]]
No. 168 to the 2019 National Defense Authorization Act.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 353, line 21, insert ``(a) In General.--'' before
``Section''.
Page 354, line 16, strike the second period and insert a
semicolon.
Page 354, after line 16, insert the following:
(2) in subsection (h), by striking paragraph (3) and
inserting the following:
``(3) agree not to use, for pricing, marketing,
competitive, or other purposes, any information, including
any Government-owned data, such as purchasing trends or
spending habits, related to a product from a third-party
supplier featured on the commercial e-commerce portal or the
transaction of such product, except as necessary to comply
with the requirements of the program established in
subsection (a).'';
Page 354, line 17, strike ``(2)'' and insert ``(3)''.
Page 354, line 19, strike ``(3)'' and insert ``(4)''.
Page 355, after line 2, insert the following new
subsection:
(b) Sense of Congress.--It is the sense of Congress that--
(1) the implementation of any e-commerce portal under such
section 846 to procure commercial products will be done in a
manner that will enhance competition, expedite procurement,
and ensure reasonable pricing of commercial products;
(2) the implementation of the e-commerce portal will be
completed with multiple contracts with multiple commercial e-
commerce portal providers; and
(3) the Administrator of the General Services
Administration should require any e-commerce portal provider
to take the necessary precautions to safeguard data of all
other e-commerce portal providers and any third-party
suppliers.
The Acting CHAIR. Pursuant to House Resolution 908, the gentleman
from Georgia (Mr. Ferguson) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Georgia.
Mr. FERGUSON. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I want to thank, first of all, Chairman Thornberry for
working with me on this amendment to provide a clear legislative
direction for the GSA's new e-commerce portal provider system for
commercial off-the-shelf sales.
My amendment would strengthen supplier data protection requirements
and express the sense of Congress that implementation of this program
will be done in a manner that enhances competition.
I fully support the committee's efforts to reform the procurement
process to increase efficiency and reduce waste for the Federal
Government, and most importantly, the taxpayers.
However, there are still some unanswered questions regarding the
implementation of the program.
Moving forward, I believe that there is still important work to be
done to ensure that the portal results in robust competition from a
broad range of suppliers, which is vital to achieving the efficiencies
and cost savings that the committee is seeking.
The American people have told us over and over again that they do not
want the Federal Government picking winners and losers, and I fully
agree. We do an amazing job around here sometimes of creating very
large monolithic monopolies as unintended consequences.
Mr. Chairman, I want to make sure that we don't do that with this
important reform.
While my amendment takes steps to improve data safeguards, I remain
concerned about the anticompetitive efforts of concerns from suppliers,
both large and small, regarding the baseline data access between
competitors.
Whether a small business or a multinational corporation, private
companies are fiercely and understandably protective of their
proprietary data.
Competition requires willing competitors, and competitors expect a
level playing field, a playing field on which the referee is not also a
player on the other team.
Promoting competition in this program requires that we continue to
listen to and, more importantly, address the concerns of potential
suppliers.
My amendment is a step in the right direction, but there is more work
to do, and I look forward to continuing to work with the chairman in
good faith to improve this system to make sure that it is achieving the
results that we truly know that it can.
Mr. Chairman, today, I urge my colleagues to vote in favor of
amendment No. 168, and I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chairman, I claim time in opposition,
although I am not opposed.
The Acting CHAIR. Without objection, the gentleman from Washington is
recognized for 5 minutes.
There was no objection.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentlewoman from Florida (Ms. Frankel).
Ms. FRANKEL of Florida. Mr. Chairman, I want to thank the committee
for including language that will authorize the Department of Defense to
include the role of women in their research on the National Strategy on
Countering Violent Extremism.
Mr. Chairman, we are learning every day that women are active agents
deterring or engaging in violent extremist movements.
A 2017 report by the organization Futures Without Violence found that
several contemporary organizations, for example, the Islamic State and
Boko Haram, capitalize on women's efforts and demonstrate keen
awareness of the strategic and tactical potential of female extremists.
And while many, many more women are victims of terrorism, some are
serving as supportive wives and mothers to the next generation of
extremists; others are acting as propagandists, fundraisers, and
suicide bombers.
The apparent proliferation of female actors in extremist groups,
often underestimated, calls for strategies that effectively counter
their participation in violent extremism.
Mr. SMITH of Washington. Mr. Chairman, I yield back the balance of my
time.
Mr. FERGUSON. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Ferguson).
The amendment was agreed to.
{time} 0945
The Acting CHAIR. There being no further amendments, under House
Resolution 908, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Ferguson) having assumed the chair, Mr. Amodei, 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. 5515) to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes, and, pursuant to House Resolution 908, he reported the
bill, as amended by House Resolution 905, back to the House with sundry
further amendments 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 further amendment reported from
the Committee of the Whole? If not, the Chair will put them en gros.
The amendments were 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. Mr. Speaker, I am opposed to the bill in
its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Thompson of California moves to recommit the bill H.R.
5515 to the Committee on the Judiciary with instructions to
report the same back to the House forthwith, with the
following amendment:
Add, at the end of the bill, the following, and conform the
table of contents accordingly:
DIVISION E--PUBLIC SAFETY AND SECOND AMENDMENT RIGHTS PROTECTION
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Public Safety and Second Amendment Rights Protection Act of
2018''.
[[Page H4718]]
(b) Table of Contents.--The table of contents for this
division 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. Clarification that Federal court information is to be made
available to the National Instant Criminal Background
Check System.
Sec. 106. Codification of HIPAA authority for covered entities to
submit mental health records to the National Instant
Criminal Background Check System.
Sec. 107. Publication of NICS index statistics.
Sec. 108. Effective date.
TITLE II--PROVIDING A RESPONSIBLE AND CONSISTENT BACKGROUND CHECK
PROCESS
Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Penalties.
Sec. 204. Rule of construction.
Sec. 205. Effective date.
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 division, or any amendment made by this
division, 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 division or an amendment made by
this division, 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 division and amendments made by this division, 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 (34 U.S.C. 40302(b))
is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``of this Act'' and inserting ``of the
Public Safety and Second Amendment Rights Protection Act of
2018''; 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 2018 through
2021.''.
SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES.
Section 102(b) of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40916) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Public Safety and Second Amendment Rights
Protection Act of 2018, 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 (34 U.S.C. 40902 et seq.) 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 Public Safety and Second Amendment Rights
Protection Act of 2018.
``(d) Federal Share.--
[[Page H4719]]
``(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 Public Safety and Second Amendment Rights Protection Act
of 2018''.
(b) Technical and Conforming Amendment.--The table of
sections in section 1(b) of the NICS Improvement Amendments
Act of 2007 (34 U.S.C. 10101 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
(34 U.S.C. 40915) 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 Public
Safety and Second Amendment Rights Protection Act of 2018,
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
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 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 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 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
to a State for failure to implement a relief from
disabilities program shall be reallocated to States that are
in compliance.''.
SEC. 105. 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 (34 U.S.C.
40901(e)(1)) 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. 106. CODIFICATION OF HIPAA AUTHORITY FOR COVERED
ENTITIES TO SUBMIT MENTAL HEALTH RECORDS TO THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.
A covered entity (as defined in section 160.103 of title
45, Code of Federal Regulations, or any successor regulation)
may use or disclose protected health information (as defined
in such section) for purposes of reporting to the National
Instant Criminal Background Check System the identity of an
individual who is prohibited from possessing a firearm under
section 922(g)(4) of title 18, United States Code, provided
the covered entity--
(1) is a State agency or other entity that is, or contains
an entity that is--
(A) an entity designated by the State to report, or which
collects information for purposes of reporting, on behalf of
the State, to the National Instant Criminal Background Check
System; or
(B) a court, board, commission, or other lawful authority
that makes the commitment or adjudication that causes an
individual to become subject to such section 922(g)(4);
(2) discloses the information only to--
(A) the National Instant Criminal Background Check System;
or
(B) an entity designated by the State to report, or which
collects information for purposes of reporting, on behalf of
the State, to the National Instant Criminal Background Check
System; and
(3)(A) discloses only the limited demographic and certain
other information needed for purposes of reporting to the
National Instant Criminal Background Check System; and
(B) does not disclose diagnostic or clinical information
for such purposes.
SEC. 107. PUBLICATION OF NICS INDEX STATISTICS.
Not later than 180 days after the date of enactment of this
division, 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. 108. EFFECTIVE DATE.
The amendments made by this title shall take effect 180
days after the date of enactment of this division.
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 (3)(C)(ii), by striking ``(as defined in
subsection (s)(8))''; and
(B) 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)(4).''; 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 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.
[[Page H4720]]
``(3)(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).
``(4) 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) 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.''.
(c) 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. 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. 205. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect 180 days after the date of enactment of this division.
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.
Mr. THORNBERRY. Mr. Speaker, I reserve a point of order against the
motion to recommit.
The SPEAKER pro tempore. A point of order is reserved.
The gentleman from California is recognized for 5 minutes in support
of his motion to recommit.
Mr. THOMPSON of California. Mr. Speaker, this is the final amendment
to the bill, and it would not kill the bill or send it back to
committee. If adopted, the bill will immediately proceed to final
passage, as amended.
Mr. Speaker, less than 1 week ago, 10 people were shot and killed in
their school in Santa Fe, Texas. As usual, Members sent thoughts and
prayers. They said that things have got to change, and then they did
nothing.
We held our 47th moment of silence since the tragedy at Sandy Hook
Elementary School 5\1/2\ years ago. For every Member who looks into the
face of yet another grieving family and says, ``I am with you,'' and
then does nothing, I have a message for you: You are complicit. You are
allowing criminals and the dangerously mentally ill easy access to
guns. Your inaction is leading to gravestone after gravestone.
We have not had one vote on legislation to keep guns out of the hands
of people who shouldn't have them. If we are not allowed a vote, there
is blood on the hands of Congress.
Since Sandy Hook, more kids have been killed by someone using a gun
than all of our troops killed in combat since 9/11.
Let that sink in.
Seven thousand young kids are dead, in part, because of our inaction.
I don't know about you, but that number keeps me up at night.
These are children who are robbed of a lifetime of experiences and
robbed of their future. Instead of going to their graduation, their
parents go and visit their grave.
This amendment is straightforward, and, if adopted, it will not kill
the bill. It does two things:
First, it provides grants to States to get more records into the
background check system. I think we can all agree, for the system to
work, it has to have the most up-to-date records.
Second, it would expand background checks to all commercial sale of
firearms. So if you walk into a gun show and try to buy a gun, you have
to undergo a background check. If you go online and try to buy a gun,
you have to undergo a background check.
This isn't some radical idea. 208 Members of this Congress, Democrats
and Republicans, are cosponsors. Even 94 percent of gun owners support
expanding background checks, and we can't get 94 percent of the people
to agree that the sky is blue. This kind of consensus should unify us.
It should empower us on this floor to do what is right.
We know that background checks work. Every day, background checks
stop more than 175 felons, some 50 domestic abusers, and nearly 20
fugitives from buying a gun. But in some States, these same folks can
walk into a gun show and buy the same gun without a background check.
This motion would change that.
Yesterday, the Gun Violence Prevention Task Force heard from young
leaders who are begging Congress to pass laws to help prevent gun
violence. One of the hardest things for me to hear was one student
saying that he was not actually surprised that there was a shooting at
his school. Kids now have an expectation that one day it will happen to
them. This is shameful, and it is the future that we are leaving for
our children and our grandchildren.
I know what the chairman is going to say. He is going to say the NDAA
is no place for this amendment.
First, this isn't an extraneous provision. The NDAA has language
directly addressing guns and gun ownership. Without that language in
the bill, we wouldn't be able to offer this amendment today.
Second, the NDAA has long been a place for extraneous provisions. In
this bill alone, the majority has weakened environmental oversight and
permitted drilling, has addressed medical fees in national parks, and
has addressed yacht safety, just to name a few extraneous provisions.
So I ask you to join me: No more complicity. No more blood on the
hands of Congress. No more moments of silence.
It is time for moments of action. Vote ``yes'' on this motion. It
will not kill the bill, but it will save lives.
Mr. Speaker, I yield back the balance of my time.
Point of Order
Mr. THORNBERRY. Mr. Speaker, I insist on my point of order. I have
been advised that the amendment contains new direct spending.
Therefore, the amendment violates section 302(f) of the Budget Act, and
the CutGo rule.
Therefore, I must insist on my point of order, and I ask for a ruling
from the Chair.
[[Page H4721]]
The SPEAKER pro tempore. Does any other Member wish to be heard on
the point of order?
If not, the gentleman from Texas makes a point of order that the
instructions in the motion to recommit offered by the gentleman from
California violate clause 10 of rule XXI by proposing an increase in
mandatory spending over a relevant period of time.
Pursuant to clause 10 of rule XXI and clause 4 of rule XXIX, the
Chair is authoritatively guided by estimates from the chair of the
Committee on the Budget that the net effect of the provisions in the
motion to recommit would increase mandatory spending over a relevant
period as compared to the bill.
Accordingly, the point of order is sustained and 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. THORNBERRY. Mr. Speaker, I move to lay the appeal on the table.
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.
Mr. THOMPSON of California. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were 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 passage of the bill, if arising without further proceedings in
recommittal.
The vote was taken by electronic device, and there were--yeas 224,
nays 191, not voting 12, as follows:
[Roll No. 229]
YEAS--224
Abraham
Aderholt
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bergman
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Blackburn
Blum
Bost
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Culberson
Curbelo (FL)
Curtis
Davidson
Davis, Rodney
Denham
DeSantis
DesJarlais
Diaz-Balart
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Estes (KS)
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx
Frelinghuysen
Gaetz
Gallagher
Garrett
Gianforte
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Handel
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hollingsworth
Huizenga
Hultgren
Hunter
Hurd
Issa
Jenkins (KS)
Johnson (LA)
Johnson (OH)
Johnson, Sam
Jordan
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Knight
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lesko
Lewis (MN)
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Messer
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Russell
Rutherford
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smucker
Stefanik
Stewart
Taylor
Tenney
Thompson (PA)
Thornberry
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NAYS--191
Adams
Aguilar
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Crist
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Ellison
Emmer
Engel
Eshoo
Espaillat
Esty (CT)
Evans
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gomez
Gonzalez (TX)
Gottheimer
Green, Al
Green, Gene
Grijalva
Gutierrez
Hanabusa
Hastings
Heck
Higgins (NY)
Himes
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Joyce (OH)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee
Levin
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham, M.
Lynch
Maloney, Carolyn B.
Maloney, Sean
Matsui
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Halleran
O'Rourke
Pallone
Panetta
Pascrell
Payne
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rosen
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Sires
Smith (WA)
Soto
Speier
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--12
Black
Higgins (LA)
Hudson
Jenkins (WV)
Lewis (GA)
Lujan, Ben Ray
Moore
Noem
Rogers (KY)
Stivers
Walz
Weber (TX)
{time} 1022
Mr. HIMES changed his vote from ``yea'' to ``nay.''
Messrs. BUCK, NEWHOUSE, CONAWAY, and WITTMAN changed their vote from
``nay'' to ``yea.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Hultgren). 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.
Recorded Vote
Mr. THORNBERRY. 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 351,
noes 66, not voting 10, as follows:
[Roll No. 230]
AYES--351
Abraham
Adams
Aderholt
Aguilar
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Bera
Bergman
Beyer
Biggs
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Blackburn
Blum
Blunt Rochester
Bost
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Bucshon
Budd
Burgess
Bustos
Butterfield
Byrne
Calvert
Carbajal
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Cheney
Clay
Clyburn
Coffman
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Cook
Cooper
Correa
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Cuellar
Culberson
Cummings
Curbelo (FL)
Curtis
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
Delaney
DeLauro
DelBene
Demings
Denham
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Donovan
Duffy
Duncan (SC)
Dunn
Emmer
Engel
Estes (KS)
Esty (CT)
Evans
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Frelinghuysen
Fudge
Gaetz
Gallagher
Gallego
Garamendi
Garrett
Gianforte
Gibbs
Gohmert
Gonzalez (TX)
Goodlatte
Gosar
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Grothman
Guthrie
Hanabusa
[[Page H4722]]
Handel
Harper
Harris
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jenkins (KS)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kihuen
Kilmer
Kind
King (IA)
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lesko
Levin
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Long
Loudermilk
Love
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Sean
Marchant
Marino
Marshall
Mast
McCarthy
McCaul
McClintock
McEachin
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meeks
Meng
Messer
Mitchell
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Neal
Newhouse
Norcross
Norman
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Palmer
Panetta
Pascrell
Paulsen
Pearce
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Poe (TX)
Poliquin
Posey
Price (NC)
Quigley
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Richmond
Roby
Roe (TN)
Rogers (AL)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Rosen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Rush
Russell
Rutherford
Ryan (OH)
Sanford
Sarbanes
Scalise
Schiff
Schneider
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stewart
Suozzi
Taylor
Tenney
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Wasserman Schultz
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NOES--66
Amash
Barragan
Bass
Beatty
Blumenauer
Bonamici
Buck
Capuano
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Cohen
Crowley
DeFazio
DeGette
DeSaulnier
Doyle, Michael F.
Duncan (TN)
Ellison
Eshoo
Espaillat
Gabbard
Gomez
Griffith
Grijalva
Gutierrez
Huffman
Jayapal
Jeffries
Johnson (GA)
Jones
Kennedy
Khanna
Kildee
Labrador
Lee
Lofgren
Lowenthal
Maloney, Carolyn B.
Massie
Matsui
McCollum
McGovern
Moore
Nadler
Napolitano
Nolan
Pallone
Payne
Pocan
Polis
Raskin
Sanchez
Schakowsky
Serrano
Swalwell (CA)
Takano
Thompson (CA)
Velazquez
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--10
Black
Doggett
Higgins (LA)
Jenkins (WV)
Lewis (GA)
Noem
Rogers (KY)
Stivers
Walz
Weber (TX)
{time} 1031
So the bill was passed.
The result of the vote was announced as above recorded.
The title of the bill was amended so as to read: ``A bill to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes.''.
A motion to reconsider was laid on the table.
personal explanation
Mr. JENKINS of West Virginia. Mr. Speaker, due to a family issue I
was not present for votes on May 24, 2018. Had I been present, I would
have voted ``yea'' on rollcall No. 229 and ``yea'' on rollcall No. 230.
____________________