[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.

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