[House Report 108-64]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-64
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PROVIDING FOR CONSIDERATION OF H.R. 1036, PROTECTION OF LAWFUL COMMERCE
IN ARMS ACT
_______
April 8, 2003.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Sessions, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 181]
The Committee on Rules, having had under consideration
House Resolution 181, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1036, the
Protection of Lawful Commerce in Arms Act, under a structured
rule. The rule provides one hour of general debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on the Judiciary. The rule waives all
points of order against consideration of the bill.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on the Judiciary now
printed in the bill shall be considered as an original bill for
the purpose of amendment and shall be considered as read.
The rule makes in order only those amendments printed in
this report. The rule provides that the amendments printed in
this report shall be considered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for a division
of the question in the House or in the Committee of the Whole.
The rule waives all points of order against the amendments
printed in this report. The rule provides one motion to
recommit with or without instructions.
The waiver of all points of order against consideration of
the bill in the rule includes a waiver of clause 4(a) of rule
XIII (requiring a three-day layover of the committee report),
which is necessary because the Committee on the Judiciary did
not file its report (H. Rept. 108-59) until Monday, April 7,
2003, and the bill may be considered by the House as early as
Wednesday, April 9, 2003.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 45
Date: April 8, 2003.
Measure: H.R. 1036, Protection of Lawful Commerce in Arms
Act.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment offered
by Representative Watt which omits the section requiring
dismissal of pending lawsuits.
Results: Defeated 4 to 8.
Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 46
Date: April 8, 2003.
Measure: H.R. 1036, Protection of Lawful Commerce in Arms
Act.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment offered
by Representative Waxman which exempts from the scope of the
bill actions where the seller knew or had a reason to know that
the purchaser of a weapon or ammunition is a member or
suspected member of a terrorist organization; or likely to
supply the product to a member or suspected member of a
terrorist organization.
Results: Defeated 4 to 8.
Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 47
Date: April 8, 2003.
Measure: H.R. 1036, Protection of Lawful Commerce in Arms
Act.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order the amendment offered
by Representative Lofgren which exempts from the scope of the
bill any action brought by police officers when they are shot
in the line of duty.
Results: Defeated 4 to 8.
Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 48
Date: April 8, 2003.
Measure: H.R. 1036, Protection of Lawful Commerce in Arms
Act.
Motion by: Mr. McGovern.
Summary of motion: To make in order and grant the
appropriate waivers for the amendment offered by Representative
Van Hollen which adds statutory language to require gun shop
owners to comply with provisions of the Freedom of Information
Act (FOIA).
Results: Defeated 4 to 8.
Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
Rules Committee record vote No. 49
Date: April 8, 2003.
Measure: H.R. 1036, Protection of Lawful Commerce in Arms
Act.
Motion by: Mr. McGovern.
Summary of motion: To make in order the amendment offered
by Representative Meehan which exempts from the scope of the
bill, a civil action brought by a plaintiff who has been
injured as the result of a seller's alleged unlawful transfer
of a gun to an individual previously convicted of a domestic
violence-related offense.
Results: Defeated 4 to 8.
Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay;
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea;
Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
(Summaries derived from information provided by sponsors.)
1. Watt: Restores an individual plaintiff's ability to
pursue all currently accepted product liability causes of
action. (20 minutes)
2. Scott: Eliminates the requirement under the bill for the
conviction of a transferor who knowingly transfers a firearm,
knowing that such a firearm will be used to commit a crime of
violence before a transferor can be sued. (20 minutes)
3. Linda Sanchez: Removes from liability immunity any gun
sellers of manufacturers who sell or otherwise give guns or
ammunition to someone who uses or is addicted to illegal drugs,
or ``who has been adjudicated as a mental defective.'' (20
minutes)
4. Meehan: Allows plaintiffs to recover against negligent
manufacturers, sellers, or trade associations. (20 minutes)
5. Watt: Limits the bill's prohibition to suits against gun
manufacturers for relief due to an injury resulting from the
criminal act of another. (20 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Watt of North Carolina,
or His Designee, Debatable for 20 Minutes
In section 4(5)(A)(v), strike ``, when used as intended''.
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2. An Amendment To Be Offered by Representative Scott of Virginia, or
His Designee, Debatable for 20 Minutes
In section 4(5)(A), strike clause (i) and insert the
following:
(i) an action brought against a
transferor who transfers a firearm in
violation of section 924(h) of title
18, United States Code, or a comparable
or identical State felony law, by a
party directly harmed by conduct of the
transferee involving the firearm;
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3. An Amendment To Be Offered by Representative Linda T. Sanchez of
California, or Her Designee, Debatable for 20 Minutes
In section 4(5)(A)--
(1) redesignate clauses (ii) through (v) as clauses
(iii) through (vi), respectively; and
(2) insert after clause (i) the following:
(ii) an action brought against a
transferor convicted of a violation of
paragraph (3) or (4) of section 922(d)
of title 18, United States Code, or of
a comparable or identical provision of
State law, by a party directly harmed
by conduct of which the transferee is
convicted;''
In section 4(5)(B), strike ``(A)(ii)'' and insert
``(A)(iii)''.
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4. An Amendment To Be Offered by Representative Meehan of
Massachusetts, or His Designee Debatable for 20 Minutes
In section (5)(A), strike clause (ii) and insert the
following:
(ii) an action brought against a
manufacturer, seller, or trade
association for negligence;
In section 4(5)--
(1) strike ``(A) In general.--'';
(2) strike subparagraph (B); and
(3) redesignate clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(4) move the matter preceding the provisions
redesignated by paragraph (3) of this amendment, and
each of such provisions, 2 ems to the left.
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An Amendment To Be Offered by Representative Watt of North Carolina, or
His Designee, Debatable for 20 Minutes
In section 2(a)(2), strike ``, distributors, dealers, and
importers''.
In section 2(a)(3)--
(1) strike ``, importation, possession, sale, and
use''; and
(2) strike ``are'' and insert ``is''.
In section 2(a)(4), strike ``, manufacture, marketing,
distribution, importation, or sale to the public'' and insert
``and manufacture''.
In section 2(a)(5), strike ``an entire industry'' and insert
``firearm and ammunition manufacturers''.
In section 2(b)(1)--
(1) strike ``, distributors, dealers, and
importers''; and
(2) strike ``or unlawful''.
In section 2(b)(5), strike ``, distributors, dealers, and
importers of firearms or ammunition products, and trade
associations,'' and insert ``of firearms or ammunition
products''.
In section 4(1), strike ``, and, as applied'' and all that
follows and insert a period.
In section 4(5)(A)--
(1) strike ``(A) In general.--'';
(2) strike ``or seller of a qualified product, or a
trade association,'';
(3) strike ``or unlawful'';
(4) strike clauses (i) and (ii);
(5) in clause (iii)--
(A) strike ``or seller''; and
(B) strike ``sale or marketing'' and insert
``design or manufacture''; and
(6) redesignate and indent clauses (iii) through (v)
as subparagraphs (A) through (C), respectively.
In section 4(5), strike subparagraph (B).
In section 4, strike paragraphs (6) and (8) and redesignate
paragraph (7) as paragraph (6).