House Report 116-14 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 8) TO REQUIRE A BACKGROUND CHECK FOR EVERY FIREARM SALE, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1112) TO AMEND CHAPTER 44 OF TITLE 18, UNITED STATES CODE, TO STRENGTHEN THE BACKGROUND CHECK PROCEDURES TO BE FOLLOWED BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM TO A PERSON WHO IS NOT SUCH A LICENSEE

[House Report 116-14]
[From the U.S. Government Publishing Office]

116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-14

======================================================================

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 8) TO REQUIRE A
BACKGROUND CHECK FOR EVERY FIREARM SALE, AND PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 1112) TO AMEND CHAPTER 44 OF TITLE 18,
UNITED STATES CODE, TO STRENGTHEN THE BACKGROUND CHECK PROCEDURES TO BE
FOLLOWED BEFORE A FEDERAL FIREARMS LICENSEE MAY TRANSFER A FIREARM TO A
PERSON WHO IS NOT SUCH A LICENSEE

_______

February 25, 2019.--Referred to the House Calendar and ordered to be
printed

_______

Mr. Raskin, from the Committee on Rules, submitted the following

R E P O R T

[To accompany H. Res. 145]

The Committee on Rules, having had under consideration
House Resolution 145, by a record vote of 8 to 4, 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. 8, the
Bipartisan Background Checks Act of 2019, under a structured
rule. The resolution provides one hour of general debate on the
bill equally divided and controlled by the chair and ranking
minority member of the Committee on the Judiciary. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
purpose of amendment an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 116-5 and
provides that it shall be considered as read. The resolution
waives all points of order against that amendment in the nature
of a substitute. The resolution makes in order only those
amendments printed in Part A of this report. Each such
amendment may be offered 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 division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in part A of this report. The resolution provides one
motion to recommit with or without instructions. Section 2 of
the resolution provides for consideration of H.R. 1112, the
Enhanced Background Checks Act of 2019, under a structured
rule. The resolution provides one hour of general debate on the
bill equally divided and controlled by the chair and ranking
minority member of the Committee on the Judiciary. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 116-6 shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution makes in order only those further
amendments printed in Part B of this report. Each such
amendment may be offered 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 division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in part B of this report. The resolution provides for
one motion to recommit with or without instructions.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
H.R. 8 includes a waiver of the following:
Clause 3(d) of rule XIII, which requires the
inclusion of a committee cost estimate. A Congressional
Budget Office (CBO) cost estimate on H.R. 8 was not
available at the time the Committee on the Judiciary
filed its report.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part A of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
The waiver of all points of order against consideration of
H.R. 1112 includes a waiver of the following:
Clause 3(d) of rule XIII, which requires the
inclusion of a committee cost estimate. A CBO cost
estimate on H.R. 1112 was not available at the time the
Committee on the Judiciary filed its report.
Although the resolution waives all points of order against
provisions in the bill, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.

COMMITTEE VOTES

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. 16

Motion by Mr. Cole to amend the rule to H.R. 8 to make in
order and provide the appropriate waivers to amendment #29,
offered by Rep. Steube (FL) and Rep. Hurd (TX) and Rep. Buck
(CO), which requires the national instant criminal background
check system to notify the Immigration and Customs Enforcement
Agency of the Department of Homeland Security whenever the
information available to the system indicates that a person
illegally or unlawfully in the United States may be attempting
to receive a firearm.

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... ............
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 17

Motion by Mr. Cole to amend the rule to H.R. 1112 to make
in order and provide the appropriate waivers to amendment #12,
offered by Rep. Collins (GA), which allows an FFL who has
contacted NICS to rely on information provided by NICS
respecting a transfer for 60 days after the FFL's initial date
of contact. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... ............ ................................
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 18

Motion by Mr. Cole to amend the rule to H.R. 1112 to make
in order and provide the appropriate waivers to amendment #14,
offered by Rep. Roe (TN), which clarifies that a person shall
not be considered to be ``adjudicated'' under Title 18 as a
result of any determination by the Secretary of Veterans
Affairs under any laws administered by the Secretary of
Veterans Affairs under Title 38. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... ............ ................................
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 19

Motion by Mr. Woodall to amend the rule to H.R. 8 to make
in order and provide the appropriate waivers to amendment #16,
offered by Rep. Palmer (AL), which ensures that state laws and
regulations related to private party transfers are not pre-
empted by the bill. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... ............ ................................
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 20

Motion by Mr. Woodall to amend the rule to H.R. 8 to make
in order and provide the appropriate waivers to amendment #21,
offered by Rep. Gianforte (MT) and Rep. Hurd (TX), which
clarifies that transferring firearms from a property owner to a
ranch hand for the purposes of ranch activities such as
predator and pest control, hunting, target practice, and for
the use in safety courses is permitted. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... ............ ................................
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 21

Motion by Mr. Burgess to amend the rule to H.R. 8 to make
in order and provide the appropriate waivers to amendment #6,
offered by Rep. Burgess (TX), which requires the Department of
Justice Inspector General to submit a report to Congress on the
number of NICS denials referred for investigation, the number
of prosecutions resulting from denial investigations, and the
number of firearms recovered by ATF following delayed NICS
denials. Defeated: 4-8

Rules Committee record vote No. 22

Motion by Mr. Burgess to amend the rule to H.R. 1112 to
make in order and provide the appropriate waivers to amendment
#3, offered by Rep. Brown (MD), #3, which requires the FBI to
submit a report to Congress with recommendations on how to
improve the FBI's public access line. Defeated: 4-8

Rules Committee record vote No. 23

Motion by Rep. Lesko to amend the rule to H.R. 8 to make in
order and provide the appropriate waivers to amendment #28,
offered by Rep. Scalise (LA), which allows the transfer of a
firearm to a victim of domestic violence or sexual assault, an
individual protected under an order of protection issued by a
court of law, a person with a valid concealed carry permit, a
member of the Armed Forces who is on active duty, or an active
duty or retired law enforcement officer. Defeated: 4-8

Rules Committee record vote No. 24

Motion by Rep. Lesko to amend the rule to H.R. 8 to make in
order and provide the appropriate waivers to amendment #11,
offered by Rep. Lesko (AZ), allows for the transfer of a
firearm to a victim of domestic violence or sexual assault who
has an order of protection issued by a court. Defeated: 4-8

Rules Committee record vote No. 25

Motion by Rep. Lesko to amend the rule to H.R. 1112 to make
in order and provide the appropriate waivers to the following
amendments: Amendment #12, offered by Rep. Lesko (AZ), which
allows the transfer of firearms to individuals who have been
admitted and are participants in the Global Entry Program;
amendment #13 offered by Rep. Lesko (AZ), which allows the
temporary transfer of firearms to individuals which take place
solely on the property of the firearm owner; amendment #14
offered by Rep. Lesko (AZ), which allows the transfer of
firearms to individuals who have a valid state-issued permit to
purchase or own a firearm; and amendment #20 offered by Rep.
Lesko (AZ), which allows the transfer of firearms to
individuals who have a security clearance. Defeated: 4-7

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... ............
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 26

Motion by Mr. Raskin to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Yea Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... ............
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENTS IN PART A MADE IN ORDER

1. Lesko (AZ): Allows the transfer of firearms to
individuals who participate in the TSA Pre-Check program of the
Department of Homeland Security. (10 minutes)
2. Dean (PA): Clarifies that the exemption from the
background check requirement in instances of imminent threats
of death or great bodily harm would apply to someone who is at
risk of committing suicide. (10 minutes)
3. Horn (OK), Murphy (FL): Clarifies that ``great bodily
harm'' includes domestic violence, dating partner violence,
sexual assault, stalking, and domestic abuse. (10 minutes)
4. Van Drew (NJ), Brindisi (NY), Delgado (NY): Clarifies
that the exception for gifts and loans of firearms between
parents and their children applies to step-parents and step-
children. (10 minutes)

SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

1. Rice, Tom (SC): Grants NICS examiners access to the
National Data Exchange (N-DEx) when reviewing firearm
transfers. (10 minutes)
2. Schneider (IL), Jackson Lee (TX): Requires the FBI to
report on the number of petitions it was not able to make a
determination on within the 10-day period. (10 minutes)
3. Levin, Andy (MI): Requires GAO to submit a report to
the Committee on the Judiciary, US Senate, and the Committee on
the Judiciary, House of Representatives analyzing the extent to
which the new Section 922(t)(1)(B)(ii) of title 18, United
States Code, added by H.R. 1112 prevents firearms from being
transferred to prohibited persons. The report shall be issued
90 days after the 1 year, 3 years, and 5 years following the
date of implementation of the law. (10 minutes)
4. Porter (CA), Moore (WI), Dean (PA), Fletcher (TX),
Sherrill (NJ), Spanberger (VA), Underwood (IL), McBath (GA):
Requires a report analyzing the impact of this Act on the
safety of victims of domestic violence, domestic abuse, dating
partner violence, sexual assault, and stalking. (10 minutes)
5. Van Drew (NJ), Cunningham (SC): Allows an FFL who has
contacted NICS, and who was not notified that the transfer is
legally permissible within 3 business days of the initial date
of contact, to rely on information provided by NICS respecting
a transfer for 25 days after the transfer becomes legally
permissible. (10 minutes)

PART A--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Lesko of Arizona or Her
Designee, Debatable for 10 Minutes

Page 3, line 17, strike ``or''.
Page 4, line 15, strike the period and insert ``; or''.
Page 4, after line 15, insert the following:
``(G) a transfer to a participant in the Pre-Check or
successor trusted traveler program of the Department of
Homeland Security.''.
----------

2. An Amendment To Be Offered by Representative Dean of Pennsylvania or
Her Designee, Debatable for 10 Minutes

Page 3, line 11, after ``harm,'' insert ``including harm to
self, family, household members, or others,''.
----------

3. An Amendment To Be Offered by Representative Horn of Oklahoma or Her
Designee, Debatable for 10 Minutes

Page 3, line 14, insert ``, including the harm of domestic
violence, dating partner violence, sexual assault, stalking,
and domestic abuse'' before the semicolon.
----------

4. An Amendment To Be Offered by Representative Van Drew of New Jersey
or His Designee, Debatable for 10 Minutes

Page 3, line 3, after ``children,'' insert ``including step-
parents and their step-children''.
Page 3, line 5, insert ``, if the transferor has no reason to
believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law'' before the semicolon.

PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Rice of South Carolina
or His Designee, Debatable for 10 Minutes

Page 3, after line 23, insert the following:

SEC. _. REQUIREMENT THAT THE NICS SYSTEM SEARCH THE NATIONAL DATA
EXCHANGE DATABASE IN CONDUCTING BACKGROUND CHECKS.

Section 922(t) of title 18, United States Code, a amended by
section 2 of this Act, is amended by adding at the end the
following:
``(8) The national instant criminal background check system
established under section 103 of the Brady Handgun Violence
Prevention Act shall search the database of the National Data
Exchange in conducting a background check pursuant to this
section.''.
----------

2. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes

Page 3, after line 16, insert the following:

SEC. 3. REPORTS ON PETITIONS SUPPORTING FIREARM TRANSFERS NOT
IMMEDIATELY APPROVED BY NICS SYSTEM, THAT WERE NOT
RESPONDED TO IN A TIMELY MANNER.

The Director of the Federal Bureau of Investigation shall
make an annual report to the public on the number of petitions
received by the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act that were submitted pursuant to
subclause (I) of section 922(t)(1)(B)(ii) of title 18, United
States Code, with respect to which a determination was not made
within the 10-day period referred to in subclause (II) of such
section.
----------

3. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes

Page 3, after line 16, insert the following:

SEC. 3. GAO REPORTS.

Within 90 days after the end of each of the 1-year, 3-year,
and 5-year periods that begin with the effective date of this
Act, the Comptroller General of the United States shall prepare
and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a written report analyzing the extent to which, during
the respective period, paragraphs (1)(B)(ii) and (7) of section
922(t) of title 18, United States Code, have prevented firearms
from being transferred to prohibited persons, which report
shall include but not be limited to the following--
(1) an assessment of the overall implementation of
such subsections, including a description of the
challenges faced in implementing such paragraphs; and
(2) an aggregate description of firearm purchase
delays and denials, and an aggregate analysis of the
petitions submitted pursuant to such paragraph
(1)(B)(ii).
----------

4. An Amendment To Be Offered by Representative Porter of California or
Her Designee, Debatable for 10 Minutes

Page 3, after line 23, insert the following:

SEC. _. REPORT TO THE CONGRESS.

Within 150 days after the date of the enactment of this Act,
the Attorney General, in consultation with the National
Resource Center on Domestic Violence and Firearms, shall submit
to the Congress a report analyzing the effect, if any, of this
Act on the safety of victims of domestic violence, domestic
abuse, dating partner violence, sexual assault, and stalking,
and whether any further amendments to the background check
process, including amendments to the conditions that must be
met under this Act for a firearm to be transferred when the
system has not notified the licensee that such transfer would
not violate subsection (g) or (n) of section 922 of title 18,
United States Code, would likely result in a reduction in the
risk of death or great bodily harm to victims of domestic
violence, domestic abuse, dating partner violence, sexual
assault, and stalking.
----------

5. An Amendment To Be Offered by Representative Van Drew of New Jersey
or His Designee, Debatable for 10 Minutes

Page 3, line 16, strike the close quotation marks and the
following period.
Page 3, after line 16, insert the following:
``(8)(A) If, after 3 business days have elapsed since the
licensee initially contacted the system about a firearm
transaction, the system notifies the licensee that the receipt
of a firearm by such other person would not violate subsection
(g) or (n), the licensee may continue to rely on that
notification for the longer of--
``(i) an additional 25 calendar days after the
licensee receives the notification; or
``(ii) 30 calendar days after the date of the initial
contact.
``(B) If such other person has met the requirements of
paragraph (1)(B)(ii) before the system destroys the records
related to the firearm transaction, the licensee may continue
to rely on such other person having met the requirements for an
additional 25 calendar days after the date such other person
first met the requirements.''.
Page 3, after line 23, insert the following:

SEC. _. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take
effect 210 days after the date of the enactment of this Act.

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