[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''.
                              ----------                              


 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;
                              ----------                              


  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)''.
                              ----------                              


       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.
                              ----------                              


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).

                                
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