H. Rept. 107-748 - 107th Congress (2001-2002)
October 15, 2002, As Reported by the Judiciary Committee

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House Report 107-748 - OUR LADY OF PEACE ACT




[House Report 107-748]
[From the U.S. Government Printing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-748

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



 
                         OUR LADY OF PEACE ACT

                                _______
                                

October 15, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4757]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4757) to improve the national instant criminal 
background check system, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     5
Background and Need for the Legislation..........................     5
Hearings.........................................................     7
Committee Consideration..........................................     8
Vote of the Committee............................................     8
Committee Oversight Findings.....................................     8
Performance Goals and Objectives.................................     9
New Budget Authority and Tax Expenditures........................     9
Congressional Budget Office Cost Estimate........................     9
Constitutional Authority Statement...............................    11
Section-by-Section Analysis and Discussion.......................    11
Changes in Existing Law Made by the Bill, as Reported............    13
Markup Transcript................................................    14

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Our Lady of Peace Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Since 1994, more than 689,000 individuals have been 
        denied a gun for failing a background check.
            (2) States that fail to computerize their criminal and 
        mental illness records are the primary cause of delays for 
        background checks. Helping States automate their records will 
        reduce delays for law-abiding gun owners.
            (3) 25 States have automated less than 60 percent of their 
        felony criminal conviction records.
            (4) 33 States do not automate or share disqualifying mental 
        health records.
            (5) In 13 States, domestic violence restraining orders are 
        not automated or accessible by the national instant criminal 
        background check system.
            (6) In 15 States, no domestic violence misdemeanor records 
        are automated or accessible by the national instant criminal 
        background check system.

                    TITLE I--TRANSMITTAL OF RECORDS

SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND 
                    AGENCIES PROVIDE RELEVANT INFORMATION TO THE 
                    NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) In General.--Section 103(e)(1) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) is amended--
            (1) by inserting ``electronically'' before ``furnish''; and
            (2) by adding at the end the following: ``The head of each 
        department or agency shall ascertain whether the department or 
        agency has any records relating to any person described in 
        subsection (g) or (n) of section 922 of title 18, United States 
        Code and on being made aware that the department or agency has 
        such a record, shall make the record available to the Attorney 
        General for inclusion in the system to the extent the Attorney 
        General deems appropriate. The head of each department or 
        agency, on being made aware that the basis under which a record 
        was made available under this section does not apply or no 
        longer applies, shall transmit a certification identifying the 
        record (and any name or other relevant identifying information) 
        to the Attorney General for removal from the system. The 
        Attorney General shall notify the Congress on an annual basis 
        as to whether the Attorney General has obtained from each such 
        department or agency the information requested by the Attorney 
        General under this subsection.''.
    (b) Immigration Records.--The Commissioner of the Immigration and 
Naturalization Service shall cooperate in providing information 
regarding all relevant records of persons disqualified from acquiring a 
firearm under Federal law, including but not limited to, illegal 
aliens, visitors to the United States on student visas, and visitors to 
the United States on tourist visas, to the Attorney General for 
inclusion in the national instant criminal background check system.

SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.

    (a) In General.--Beginning 5 years after the date of the enactment 
of this Act, a State shall be eligible to receive a waiver of the 10 
percent matching requirement for National Criminal History Improvement 
Grants under the Crime Identification Technology Act of 1988 if the 
State provides at least 95 percent of the information described in 
subsection (b). The length of such a waiver shall not exceed 5 years.
    (b) Eligibility of State Records for Submission to the National 
Instant Criminal Background Check System.--
            (1) Requirements for eligibility.--The State shall make 
        available the following information established either through 
        its own database or provide information to the Attorney 
        General:
                    (A) The name of and other relevant identifying 
                information relating to each person disqualified from 
                acquiring a firearm under subsection (g) or (n) of 
                section 922 of title 18, United States Code, and each 
                person disqualified from acquiring a firearm under 
                applicable State law.
                    (B) The State, on being made aware that the basis 
                under which a record was made available under 
                subparagraph (A) does not apply or no longer applies, 
                shall transmit a certification identifying the record 
                (and any name or other relevant identifying 
                information) to the Attorney General for removal from 
                the system.
                    (C) Any information provided to the Attorney 
                General under subparagraph (A) may be accessed only for 
                background check purposes under section 922(t) of title 
                18, United States Code.
                    (D) The State shall certify to the Attorney General 
                that at least 95 percent of all information descibed in 
                subparagraph (A) has been provided to the Attorney 
                General in accordance with subparagraph (A).
            (2) Application to persons convicted of misdemeanor crimes 
        of domestic violence.--(A) For purposes of paragraph (1), a 
        person disqualified from acquiring a firearm as referred to in 
        that paragraph includes a person who has been convicted in any 
        court of any Federal, State, or local offense that--
                    (i) is a misdemeanor under Federal or State law or, 
                in a State that does not classify offenses as 
                misdemeanors, is an offense punishable by imprisonment 
                for a term of 1 year or less (or punishable by only a 
                fine);
                    (ii) has, as an element of the offense, the use or 
                attempted use of physical force (for example, assault 
                and battery), or the threatened use of a deadly weapon; 
                and
                    (iii) was committed by a current or former spouse, 
                parent, or guardian of the victim, by a person with 
                whom the victim shares a child in common, by a person 
                who is cohabitating with or has cohabitated with the 
                victim as a spouse, parent, or guardian, (for example, 
                the equivalent of ``common-law marriage'' even if such 
                relationship is not recognized under the law), or a 
                person similarly situated to a spouse, parent, or 
                guardian of the victim (for example, two persons who 
                are residing at the same location in an intimate 
                relationship with the intent to make that place their 
                home would be similarly situated to a spouse).
            (B) A person shall not be considered to have been convicted 
        of such an offense for purposes of subparagraph (A) unless--
                    (i) the person is considered to have been convicted 
                by the jurisdiction in which the proceeding was held;
                    (ii) the person was represented by counsel in the 
                case, or knowingly and intelligently waived the right 
                to counsel in the case; and
                    (iii) in the case of a prosecution for which a 
                person was entitled to a jury trial in the jurisdiction 
                in which the case was tried--
                            (I) the case was tried by a jury; or
                            (II) the person knowingly and intelligently 
                        waived the right to have the case tried by a 
                        jury, by guilty plea, or otherwise.
            (C) A person shall not be considered to have been convicted 
        of such an offense for purposes of subparagraph (A) if the 
        conviction has been expunged or set aside, or is an offense for 
        which the person has been pardoned or has had civil rights 
        restored (if the law of the jurisdiction in which the 
        proceedings were held provides for the loss of civil rights 
        upon conviction of such an offense) unless the pardon, 
        expungement, or restoration of civil rights expressly provides 
        that the person may not ship, transport, possess, or receive 
        firearms, and the person is not otherwise prohibited by the law 
        of the jurisdiction in which the proceedings were held from 
        receiving or possessing any firearms.
            (3) Application to persons who have been adjudicated as a 
        mental defective or committed to a mental institution.--
                    (A) For purposes of paragraph (1), an adjudication 
                as a mental defective occurs when a court, board, 
                commission, or other government entity determines that 
                a person, as a result of marked subnormal intelligence, 
                or mental illness, incompetency, condition, or 
                disease--
                            (i) is a danger to himself or to others; or
                            (ii) lacks the mental capacity to contract 
                        or manage his own affairs.
                    (B) The term ``adjudicated as a mental defective'' 
                includes--
                            (i) a finding of insanity by a court in a 
                        criminal case; and
                            (ii) a finding that a person is incompetent 
                        to stand trial or is not guilty by reason of 
                        lack of mental responsibility pursuant to 
                        articles 50a and 72b of the Uniform Code of 
                        Military Justice (10 U.S.C. 850a, 876b).
                    (C) Exceptions.--This paragraph does not apply to--
                            (i) a person--
                                    (I) in a mental institution for 
                                observation; or
                                    (II) voluntarily committed to a 
                                mental institution; or
                            (ii) information protected by doctor-
                        patient privilege.
            (4) Privacy protections.--For any information provided 
        under the national instant criminal background check system, 
        the Attorney General shall work with States and local law 
        enforcement and the mental health community to establish 
        regulations and protocols for protecting the privacy of 
        information provided to the system. In the event of a conflict 
        between a provision of this Act and a provision of State law 
        relating to privacy protection, the provision of State law 
        shall control.
            (5) State authority.--Notwithstanding any other provision 
        of this subsection, a State may designate that records 
        transmitted under this subsection shall be used only to 
        determine eligibility to purchase or possess a firearm.
    (c) Attorney General Report.--Not later than January 31 of each 
year, the Attorney General shall submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives a report on the progress of States in automating the 
databases containing the information described in subsection (b) and in 
providing that information pursuant to the requirements of such 
subsection.

SEC. 103. IMPLEMENTATION GRANTS TO STATES.

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General shall make grants to each State, in a 
manner consistent with the national criminal history improvement 
program, which shall be used by the State, in conjunction with units of 
local government and State and local courts, to establish or upgrade 
information and identification technologies for firearms eligibility 
determinations.
    (b) Use of Grant Amounts.--Grants under this section may only be 
awarded for the following purposes:
            (1) Building databases that are directly related to checks 
        under the national instant criminal background check system 
        (NICS), including court disposition and corrections records.
            (2) Assisting States in establishing or enhancing their own 
        capacities to perform NICS background checks.
            (3) Improving final dispositions of criminal records.
            (4) Supplying mental health records to NICS.
            (5) Supplying court-ordered domestic restraining orders and 
        records of domestic violence misdemeanors (as defined in 
        section 102 of this Act) for inclusion in NICS.
    (c) Condition.--As a condition of receiving a grant under this 
section, a State shall specify the projects for which grant amounts 
will be used, and shall use such amounts only as specified. A State 
that violates this section shall be liable to the Attorney General for 
the full amount granted.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2004, 2005, and 2006.
    (e) The Federal Bureau of Investigation shall not charge a user fee 
for background checks pursuant to section 922(t) of title 18, United 
States Code.

 TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT 
                                RECORDS

SEC. 201. CONTINUING EVALUATIONS.

    (a) Evaluation Required.--The Director of the Bureau of Justice 
Statistics shall study and evaluate the operations of the national 
instant criminal background check system. Such study and evaluation 
shall include, but not be limited to, compilations and analyses of the 
operations and record systems of the agencies and organizations 
participating in such system.
    (b) Report on Grants.--Not later than January 31 of each year, the 
Director shall submit to Congress a report on the implementation of 
section 102(b).
    (c) Report on Best Practices.--Not later than January 31 of each 
year, the Director shall submit to Congress, and to each State 
participating in the National Criminal History Improvement Program, a 
report of the practices of the States regarding the collection, 
maintenance, automation, and transmittal of identifying information 
relating to individuals described in subsection (g) or (n) of section 
922 of title 18, United States Code, by the State or any other agency, 
or any other records relevant to the national instant criminal 
background check system, that the Director considers to be best 
practices.

TITLE III--GRANTS TO STATE COURTS FOR THE IMPROVEMENT IN AUTOMATION AND 
                   TRANSMITTAL OF DISPOSITION RECORDS

SEC. 301. GRANTS AUTHORIZED.

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General shall make grants to each State for use 
by the chief judicial officer of the State to improve the handling of 
proceedings related to criminal history dispositions and restraining 
orders.
    (b) Use of Funds.--Amounts granted under this section shall be used 
by the chief judicial officer only as follows:
            (1) For fiscal year 2004, such amounts shall be used to 
        carry out assessments of the capabilities of the courts of the 
        State for the automation and transmission to State and Federal 
        record repositories the arrest and conviction records of such 
        courts.
            (2) For fiscal years after 2004, such amounts shall be used 
        to implement policies, systems, and procedures for the 
        automation and transmission to State and Federal record 
        repositories the arrest and conviction records of such courts.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$125,000,000 for each of fiscal years 2004, 2005, and 2006.

                          Purpose and Summary

    H.R. 4757, the ``Our Lady Of Peace Act,'' provides States 
with the tools to comply with the 1968 Gun Control Act by 
giving States additional funds to automate and share criminal, 
mental health, and domestic violence restraining orders with 
the Federal Bureau of Investigation (FBI) National Instant 
Criminal Background Check System (NICS) database.
    Under this legislation, all Federal agencies will transmit 
relevant records relating to persons disqualified from 
acquiring a firearm under Federal law to the Attorney General 
for inclusion in NICS, including all records related to 
immigration status.
    To comply with the grants under this legislation, States 
will provide more thorough and up-to-date information relating 
to persons disqualified from acquiring a firearm under Federal 
law to the Attorney General for inclusion in the NICS. The 
Attorney General will award grants to States to improve 
computer systems and ensure accurate reporting, especially with 
regard to domestic violence and mental health records.
    Additionally, the legislation establishes a grant program 
for State courts to assess and improve handling of proceedings 
related to criminal history dispositions, and temporary 
restraining orders, as they relate to disqualification from 
firearms ownership under State and Federal laws.

                Background and Need for the Legislation

    In 1998, the Brady Act required the persons holding Federal 
Firearms Licenses (FFL) to initiate a background check on all 
persons who attempt to purchase a firearm. The Federal Bureau 
of Investigation (FBI) established the NICS operation center to 
enforce the provisions of the Brady Act and to manage, operate, 
and support NICS.
    The NICS mission is to ensure the timely transfer of 
firearms to individuals who are not specifically prohibited 
under Federal law and deny the transfer to those who are 
prohibited from possessing or receiving a firearm.
    To conduct a background check, a Federal Firearms Licensee 
(FFL) calls the National Instant Check System call center and 
gives the customer service representative the data provided by 
the customer on a Bureau of Alcohol, Tobacco, and Firearms 
(ATF) form. The system searches the name in three databases, 
which include:

        (1)
            Lthe NICS Index that contains information on 
        individuals who have been:

            (a)
                Lidentified specifically as being prohibited 
        from purchasing a firearm;

            (b)
                Ldishonorably discharged from the U.S. 
        military;

            (c)
                Lidentified as a U.S. citizen renunciant; or

            (d)
                Lidentified as mentally disadvantaged or 
        controlled substance abusers or illegal/unlawful 
        aliens.

        (2)
            Lthe National Crime Information Center (NCIC) 2000 
        that contains information on wanted persons, 
        outstanding restraining orders, deported felons, and 
        foreign fugitives.

        (3)
            Lthe Interstate Identification Index (III), which 
        contains criminal history records.

    If there is no match, the transaction will proceed within 
30 seconds after the information is entered. Approximately 72 
out of every 100 checks are ``immediate proceeds,'' which means 
that the firearms transaction may proceed immediately.
    If there is a match, the transaction is delayed. The 
transaction goes into a delay queue where the NICS examiners 
receive the information and perform the necessary research. In 
approximately 23 of the 28 delayed transactions a decision is 
made within 2 hours. The remaining 5 may take days. If the 
transaction is delayed for more than 3 days, Federal law allows 
the transaction to proceed before the background check is 
concluded.
    In February and April 2000, the General Accounting Office 
(GAO) reported the following:

        (1)
            LDuring a 1-year period, about 72 percent of the 
        requests received a proceed response within minutes and 
        28 percent were initially delayed of the 28 percent, 23 
        percent of the checks are concluded within 2 hours and 
        5 percent amy take days.

        (2)
            LWhile the establishment of the newly created NICS 
        Index database provides centralized access to data that 
        was not previously available to State and local 
        agencies, the Index does not contain all potentially 
        disqualifying records.

        (3)
            LBecause State agencies have access to additional 
        data and have a better understanding of State records 
        and laws, they are generally better positioned to 
        perform NICS background checks than the FBI.

        (4)
            LIn the first 10 months of the NICS implementation, 
        2,519 individuals who were sold guns were later 
        determined by the FBI to be prohibited from owning 
        them. These transactions were completed because the FBI 
        had not completed the background checks within 3 
        business days. GAO stated that according to the FBI 
        officials, these transactions occur primarily due to a 
        lack of arrest dispositions in the automated State 
        criminal history records.

    The legislation makes certain findings regarding the 
current NICS system and requires that states update their 
systems in those areas using additional Federal grants. The 
bill finds that states are lacking in the following areas:

        (1)
            Lmany States have not completely computerized 
        criminal records;

        (2)
            Lmany do not have a database for involuntary mental 
        commitments; and

        (3)
            Lin many States domestic violence crimes and 
        protective orders are not computerized.

    Many States have failed to computerize all of their 
criminal records; however, progress has been made in this area 
through grant funds provided to the States from the Office of 
Justice Programs by the National Criminal History Improvement 
Program (NCHIP). The NCHIP program received $35 million in 
FY2001 plus an additional $8.6 million from general Crime 
Identification Technology Act (CITA) funds. The Administration 
has requested $60 million for this program for FY2003, 
including $25 million to improve court records. This 
legislation provides additional grants to the States to 
expedite this process, penalizing States for failure to comply 
by allowing the Attorney General to reduce grant funding.
    With regard to computerization of mental health records, 
the Department of Justice indicates that the information 
contained in the NICS Index Mental Defectives/Commitments File 
contains information from the Department of Defense and the 
Department of Veterans Affairs on persons who have been 
adjudicated as mentally defective or have been committed to a 
mental institution. This legislation would require all States 
to submit records of persons who have been adjudicated as 
mentally defective or those committed by a court, board, 
commission, or other authority for mental illness, alcoholism/
addiction, or other reasons. Because States generally have laws 
in place to protect mental health records from disclosure, even 
to the Federal Government, this legislation will ensure that 
State privacy laws are not preempted by providing information 
to NICS.
    Fifteen States currently do not enter protection orders 
into National Crime Information Center (NCIC), possibly because 
entering these records into the system requires that they have 
someone on staff 7 days a week to verify them. In many 
counties, this information is entered by court personnel and 
the staff are not available at all times. This legislation 
provides grants to the courts to address this and other 
problems with reporting dispositions to NICS.
    The other problem with domestic violence reporting is that 
domestic violence is defined differently by many States than it 
is under the Brady Act. Many States do not label certain 
convictions as domestic violence convictions and other States 
have more expansive definitions of domestic violence than are 
required under Brady Act. This creates problems with 
computerizing and reporting and these records often require 
followup phone calls. This legislation codifies the definition 
of a ``misdemeanor crime of domestic violence.''

                                Hearings

    No hearings were held on H.R. 4757.

                        Committee Consideration

    On July 23, 2002, the Committee on the Judiciary met in 
open session and ordered favorably reported the bill, H.R. 
4757, with an amendment, by a recorded vote of 30 to 2, a 
quorum being present.

                         Vote of the Committee

    Final Passage. The motion to report favorably the bill H.R. 
4757, was adopted. The motion to report was agreed to by a 
rollcall vote of 30-2.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Hyde........................................................
Mr. Gekas.......................................................              X
Mr. Coble.......................................................              X
Mr. Smith (Texas)...............................................              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................
Mr. Barr........................................................              X
Mr. Jenkins.....................................................                              X
Mr. Cannon......................................................              X
Mr. Graham......................................................              X
Mr. Bachus......................................................              X
Mr. Hostettler..................................................                              X
Mr. Green.......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Ms. Hart........................................................              X
Mr. Flake.......................................................              X
Mr. Pence.......................................................
Mr. Forbes......................................................              X
Mr. Conyers.....................................................              X
Mr. Frank.......................................................              X
Mr. Berman......................................................              X
Mr. Boucher.....................................................
Mr. Nadler......................................................              X
Mr. Scott.......................................................              X
Mr. Watt........................................................              X
Ms. Lofgren.....................................................              X
Ms. Jackson Lee.................................................              X
Ms. Waters......................................................              X
Mr. Meehan......................................................              X
Mr. Delahunt....................................................
Mr. Wexler......................................................              X
Ms. Baldwin.....................................................              X
Mr. Weiner......................................................              X
Mr. Schiff......................................................              X
Mr. Sensenbrenner, Chairman.....................................              X
                                                                 -----------------------------------------------
    Total.......................................................             30               2
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 4757, the ``Our Lady of Peace Act'' authorizes funding 
in the amount of $375 million for each of FY 2003, 2004, and 
2005. The legislation requires evaluation of the NICS system 
and also a compilation of the best practices of States in 
collection, maintenance and transmittal of criminal history 
records.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 4757, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 21, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4757, the Our Lady 
of Peace Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 4757--Our Lady of Peace Act.

                                SUMMARY

    H.R. 4757 would authorize the appropriation of $250 million 
for each of the fiscal years 2004 through 2006 for the Attorney 
General to make grants to States to improve criminal databases 
used to determine individuals' eligibility to purchase 
firearms. The bill also would authorize the appropriation of 
$125 million annually over the 2004-2006 period for grants to 
State courts to improve the automation and transmittal of 
criminal records. In addition, H.R. 4757 would direct the 
Attorney General to prepare several annual reports on the 
progress of Federal and State agencies toward improving 
criminal records.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 4757 would cost $957 million 
over the 2003-2007 period. This legislation would not affect 
direct spending or receipts, so pay-as-you-go procedures would 
not apply.
    H.R. 4757 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would benefit State and local governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    For this estimate, CBO assumes that the amounts authorized 
in H.R. 4757 will be appropriated by the start of each fiscal 
year and that outlays will follow historical spending patterns 
for similar grant programs. We estimate that the annual reports 
required by the bill would cost less than $500,000 annually, 
subject to the availability of appropriations. The estimated 
budgetary impact of H.R. 4757 is shown in the following table. 
The costs of this legislation fall within budget function 750 
(administration of justice).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                        2003   2004   2005   2006   2007
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level                        0    375    375    375      0
Estimated Outlays                          0     83    225    356    293
------------------------------------------------------------------------

                     PAY-AS-YOU-GO CONSIDERATIONS:

    None.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 4757 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act. The bill would benefit 
State and local governments by establishing grant programs to 
establish or upgrade information collection systems for 
determining individuals' eligibility to purchase firearms and 
to improve court procedures related to the disposition of 
criminal history records and restraining orders. Any costs 
incurred to receive or administer such grants would be 
voluntary.

                 ESTIMATED IMPACT ON THE PRIVATE-SECTOR

    H.R. 4757 contains no new private-sector mandates as 
defined in UMRA.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Angela Seitz 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2949)

                         ESTIMATE APPROVED BY:

Robert A. Sunshine
Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 1 and 18 of 
the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title.
    This Act may be cited as the ``Our Lady of Peace Act.''
Section 2. Findings.
    The legislation makes the following findings:

        (1) L95 percent of background checks are completed 
        within 2 hours; 72 percent within several minutes, 
        while the remaining 5 percent are 20 times more likely 
        to uncover a prohibited buyer;

        (2) LSince 1994, more than 689,000 individuals have 
        been denied a gun for failing a background check;

        (3) LStates that fail to computerize their criminal and 
        mental illness records are the primary cause of delays 
        for background checks. Helping States automate their 
        records will reduce delays for law abiding gun owners.

        (4) L25 States have automated less than 60 percent of 
        their felony criminal conviction records.

        (5) L33 States do not automate or share disqualifying 
        mental health records.

        (6) LIn 13 States, domestic violence restraining orders 
        are not automated or accessible by NICS.

        (7) LIn 15 States, no domestic violence misdemeanor 
        records are automated or accessible by NICS.
Section 101. Enhancement of Requirement That Federal Departments and 
        Agencies Provide Relevant Information to the National Instant 
        Criminal Background Check System.
    This section requires Federal agencies to transmit relevant 
records related to persons disqualified under the 1968 Gun 
Control Act to possess a firearm. Specifically, the 
Commissioner of the INS shall make any relevant records 
available to the Attorney General for inclusion in NICS.
Section 102. Transmittal of State Records to the National Instant 
        Criminal Background Check System.
    This section requires the States to make all relevant 
information available regarding persons who are disqualified 
from possessing a firearm under Federal law. States who choose 
to obtain grants under this program must certify that it has 
provided at least 95 percent of the information regarding 
disqualification in its possession.
    This section also clarifies the meaning of the domestic 
violence conviction disqualification in current law based on 
the definition currently used by the NICS system and contained 
in the Code of Federal Regulations.
Section 103. Transmittal of State Mental Health Records to the National 
        Instant Criminal Background Check System.
    This section requires that States who participate in this 
program provide relevant information regarding persons who have 
been adjudicated as mental defective or committed to a mental 
institution to the Attorney General for inclusion in NICS.
    This section clarifies the definition of mental defective 
and also clarifies that this section does not apply to persons 
in a mental institution for observation or voluntarily 
committed to a mental institution.
    Nothing in this section or this act is intended to preempt 
State medical privacy laws. The Attorney General is required to 
work with the States, local law enforcement, and the mental 
health community to ensure State privacy laws are protected and 
specific protocols for protection of these rights are put in 
place in transmitting this information.
Section 104. Incentive Grants for Compliance.
    This section provides an additional incentive grant for 
States who comply with the requirements and provide 95 percent 
of the necessary information to the Attorney General for 
inclusion in NICS.
Section 105. Implementation Grants to States.
    This section provides for the distribution of grants to 
States to allow them to implement the provisions of this 
legislation. It also specifies the purposes that the States may 
use grants for under this program. States must specify what 
project grant funds are used for and how much will be used.
    The legislation authorizes $250 million for grants for each 
of FY 2003, 2004, and 2005. This section also specifies that 
all background checks performed under the NICS system will be 
considered law enforcement checks.
Section 201. Continuing Evaluations.
    The Director of the Bureau of Justice Statistics is 
authorized to conduct studies and evaluations of the operations 
of NICS. Such studies and evaluations shall include 
compilations and analyses of the operations and record systems 
of participants in the NICS system. This section also requires 
the Director to compile a report annually of the best practices 
of the States regarding the collection, maintenance, 
automation, and transmittal of Criminal History records to be 
submitted to the Congress and provided to the States.
Section 301. Grants Authorized.
    This section authorizes appropriations in the amount of 
$125 million to establish a program to allow grants to State 
courts to assess and improve handling of proceedings related to 
criminal history dispositions and temporary restraining orders 
as they relate to disqualification from firearms ownership 
under State and Federal law for FY 2004, 2005, and 2006. The 
grants would be provided to perform assessments of records 
systems in place and provide funds to improve the automation 
and transmission of such records.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

        SECTION 103 OF THE BRADY HANDGUN VIOLENCE PREVENTION ACT

SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

    (a) * * *

           *       *       *       *       *       *       *

    (e) Administrative Provisions.--
            (1) Authority to obtain official information.--
        Notwithstanding any other law, the Attorney General may 
        secure directly from any department or agency of the 
        United States such information on persons for whom 
        receipt of a firearm would violate subsection (g) or 
        (n) of section 922 of title 18, United States Code, or 
        State law, as is necessary to enable the system to 
        operate in accordance with this section. On request of 
        the Attorney General, the head of such department or 
        agency shall electronically furnish such information to 
        the system. The head of each department or agency shall 
        ascertain whether the department or agency has any 
        records relating to any person described in subsection 
        (g) or (n) of section 922 of title 18, United States 
        Code and on being made aware that the department or 
        agency has such a record, shall make the record 
        available to the Attorney General for inclusion in the 
        system to the extent the Attorney General deems 
        appropriate. The head of each department or agency, on 
        being made aware that the basis under which a record 
        was made available under this section does not apply or 
        no longer applies, shall transmit a certification 
        identifying the record (and any name or other relevant 
        identifying information) to the Attorney General for 
        removal from the system. The Attorney General shall 
        notify the Congress on an annual basis as to whether 
        the Attorney General has obtained from each such 
        department or agency the information requested by the 
        Attorney General under this subsection.

           *       *       *       *       *       *       *


                           Markup Transcript



                            BUSINESS MEETING

                         TUESDAY, JULY 23, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:00 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.

           *       *       *       *       *       *       *

    Now, pursuant to notice, I call up the bill H.R. 4757, the 
``Our Lady of Peace Act,'' for purposes of markup and move its 
favorable recommendation to the House. Without objection, the 
bill will be considered as read and open for amendment at any 
point.
    [The bill, H.R. 4757, follows:]
      
      

  
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    Chairman Sensenbrenner. And the Chair recognizes himself 
for 5 minutes to explain the bill.
    This bill was proposed by Representative McCarthy and 
Representative Dingell, focusing on some legitimate failings in 
our current National Instant Check System for gun purchases. 
However, as originally drafted, the legislation's approach to 
these issues created concerns regarding protections for 
federalism and privacy. I have worked with both the authors to 
put forth a substitute amendment which addresses these concerns 
and which has broad bipartisan support.
    The legislation makes certain findings regarding the 
current NICS system and the failure of States to provide 
current information regarding individuals who may be 
disqualified from purchasing a firearm. The bill finds that 
States are lacking in the following areas: Many have not 
completely computerized their criminal records. Many do not 
have a database for involuntary mental commitments. And in many 
States, domestic violence crimes and protective orders are not 
computerized.
    These failings by the States to provide complete and 
accurate information to allow for thorough background checks 
under NICS has resulted in delays in processing background 
checks for firearm purchases. Helping States to improve their 
recordkeeping and to automate their systems will help reduce 
delays for law-abiding gun purchasers.
    Many States and county courthouses continue to resist 
pressure to automate their records, either because it's a 
difficult task or because it will require funds they do not 
have. This legislation provides additional funds for the States 
to update and improve their records.
    The original legislation penalized the States for not 
participating in the program. The substitute I am offering 
today removes the penalties in favor of incentive grants. 
Essentially, the substitute removes the stick in favor of a 
carrot. States that chose to take advantage of the funds 
offered to implement these changes will receive additional 
funds to keep their records up-to-date.
    The incentive grant allows the Attorney General to waive 
all matching requirements for grants provided to a State under 
the National Criminal History Improvement Program. If after 5 
years the State has met the requirements of this legislation by 
automating its systems to make records available for NICS 
checks, it will receive additional funds in the form of a 
waiver of the required State match for participation in NCHIP 
for 5 years. This will allow a participant State to continue to 
keep its own criminal history records up-to-date for other law 
enforcement purposes.
    The legislation provides funds to help the States ensure 
that firearms do not fall into the wrong hands and has the 
added bonus of helping States improve their criminal history 
databases.
    I urge all Members to support the substitute and to report 
the bill favorably.
    The Chair recognizes the gentleman from Michigan, Mr. 
Conyers.
    Mr. Conyers. Thank you, Mr. Chairman.
    Members, a major problem with the instant check system has 
been the incomplete records of State and local governments. Our 
Federal law requires that a gun sale proceed after 3 business 
days even if a background check is inconclusive. A number of 
felons, fugitives, stalkers receive guns that we later have to 
go back and retrieve, if we can.
    Now, 95 percent of all background checks are completed 
within 24 hours. Because of incomplete records, the remaining 5 
percent take more time. Those 5 percent are 20 times more 
likely to be the application by a felon, fugitive, or stalker.
    I asked the GAO to study this, with particular reference to 
domestic violence. And I learned that nearly 3,000 convicted 
batterers, child abusers, were able to purchase firearms 
between the years 1998 and 2001, notwithstanding Federal laws 
designed to prevent this. Nearly 10 percent of the annual 
homicides involved the killing of a spouse or partner, almost 
all of the victims women and most were killed by a firearm.
    Now, one obvious part of the solution is to allow more time 
for background checks. But another part of the solution is this 
bill. It will provide incentives for States to provide more 
complete records to the Federal Government. This will result in 
faster and smarter background checks.
    My thanks to my colleague from New York, Ms. McCarthy, the 
dean of the House, John Dingell, and others who have worked 
with us on this bill. And I think their willingness to take 
constructive suggestions have made this a better piece of 
legislation, which I recommend to the Committee.
    Thank you.
    Chairman Sensenbrenner. The gentleman yields back the 
balance of his time.
    Are there any amendments?
    The Chair has an amendment in the nature of a substitute. 
The clerk will report the amendment.
    The Clerk. Amendment in the nature of a substitute to H.R. 
4757, offered by Mr. Sensenbrenner. Strike all after the 
enacting clause and insert the following: Section 1, short 
title. This act may be cited----
    Chairman Sensenbrenner. Without objection, the amendment in 
the nature of a substitute is considered as read.
    [The amendment follows:]
      
      

  
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    Chairman Sensenbrenner. The Chair will recognize himself 
for a brief 5 minutes.
    I discussed most of the features of the amendment in the 
nature of a substitute during the course of my opening 
statement. Let me state that the major change is that it turns 
the penalty into an incentive grant to have States bring their 
criminal justice records up-to-date and compatible with NICS 
checks. It also addresses some concerns from immigration groups 
relative to visa information being stored in the records and 
contains some provisions that mental health advocacy groups 
were concerned about relative to the privacy of involuntary 
commitment records.
    I believe that this has bipartisan support. It makes a good 
bill better, and I would hope that it is adopted. And I yield 
to the gentleman from Michigan.
    Mr. Conyers. Thank you. I merely wanted to concur with the 
improvements that have been brought to the bill by your 
substitute. Thank you.
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. The Chair yields back the balance 
of his time.
    The gentleman from Virginia, Mr. Scott.
    Mr. Scott. Move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, we have a dual goal in dealing 
with this issue. One is to provide security, national security, 
by identifying those who are disqualified from buying firearms. 
We want to do that with providing as little aggravation to 
those can lawfully purchase firearms. This bill and the 
substitute make sure that those disqualified are in fact 
identified and disqualified.
    It has the added advantage of reducing the aggravation to 
those who can legally purchase firearms. That's why those on 
both sides of the gun issue support the legislation. It does 
this by helping States give the Federal Government information 
so that they can comply with the law. The information collected 
is information by law that is supposed to be collected already.
    I want to thank the sponsors of the bill and, Mr. Chairman, 
your work in meticulously balancing the legislation so it 
tracks present law without igniting new debates on gun control. 
By passing this bill and the substitute, we can increase 
security and reduce aggravation. I hope that we would support 
the substitute and the bill.
    I yield back.
    Mr. Hostettler. Mr. Chairman?
    Chairman Sensenbrenner. For what purpose does the gentleman 
from Indiana seek recognition?
    Mr. Hostettler. Mr. Chairman, I move to strike the last 
word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Hostettler. Mr. Chairman, I appreciate the opportunity 
and want to speak on the bill overall and the amendment in the 
nature of a substitute.
    In the findings of the bill, we see that--are stated, since 
1994, more than 689,000 individuals have been denied a gun for 
failing a background check. And we are to believe, which we 
can't, that there have been 689,000 arrests with a significant 
portion of that being followed by indictments or convictions. 
The reason being is that, in order to get to a period of a 
purchase of a gun, to go through the instacheck system, you 
have to have already filled out a form. In that form that has 
been present for decades, certain information is requested of 
the potential purchaser, such as a criminal history, history of 
mental illness, history of domestic violence, and the like.
    If they answer affirmatively to any of those questions, 
then there's no need to do an instacheck system. They fail the 
process, and they are denied the purchase of a gun.
    However, if they falsely fill out that form, they then are 
subject to the NICS check, and then it is found out from some 
that they in fact have lied on the form.
    Well, they have committed a Federal offense by falsely 
filling out that form. So the system is not working as such, 
because we haven't seen that.
    It is working to deny, however, hundreds of law-abiding 
citizens in my District the ability to purchase a gun. For 
example, they may have the same name as an individual who has 
been convicted of a crime. They may have a last name or first 
name that is similar to the name of an individual who has been 
convicted of a crime or a domestic violence offense. And so the 
name has been incorrectly put into the database. And so they 
are denied the purchase of a gun.
    And in fact, in the findings, we don't know how many of the 
689,000 individuals are actually criminals and how many are 
actually law-abiding citizens that have been denied purchase of 
a gun.
    It's been long known that gun control laws don't work, 
because criminals don't follow them. That's why we generally 
call them criminals.
    And it's also been suggested that violent crime is down 
because of gun control laws like the Brady Act or the so-called 
assault weapon ban. But in fact, studies have proven that 
violent crime is down not because some criminals have become 
more selective in their adherence to certain laws, but because 
violent criminals are remaining in prison longer and, 
therefore, not able to repeat.
    And, Mr. Chairman, I heard that there has been a 
coalition--we heard it already this morning--that has been 
created in support of this bill. While I have received a letter 
from a group that refers to itself as Americans for Gun Safety, 
founded by a former board member of Handgun Control, Inc.--he 
realized that the gun control issue was not working for them 
politically, so they decided to change their name and keep the 
same players. They're called Americans for Gun Safety, in 
support of this bill.
    Mr. Chairman, do you know if there is any group that 
generally opposes such gun control provisions as this who are 
part of the coalition who support this bill?
    Chairman Sensenbrenner. If the gentleman will yield, I have 
in my hand a letter from the National Rifle Association 
supporting the legislation----
    Mr. Hostettler. I thank the gentleman.
    Chairman Sensenbrenner.--for which I ask unanimous consent 
to be inserted in the record. And without objection, it will be 
inserted in the record.
    [The material referred to follows:]
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    Mr. Hostettler. I thank the gentleman.
    And seeing that the National Rifle Association and former 
board members of Handgun Control, Inc. are now supporting the 
legislation, I appreciate the information and yield back the 
balance of my time.
    Mr. Conyers. Would the gentleman yield?
    Mr. Hostettler. Yes, I will yield.
    Mr. Conyers. I thank the gentleman.
    You know, this is another example of the NRA going soft. I 
mean, for goodness' sake, what are these guys out here for? I 
mean, here you and the gentleman from Georgia have bills 
repealing every known gun law, and where are they on this kind 
of situation, where you're standing up for your constituents 
who have been denied the right to a gun for 1 or 2 days?
    Mr. Hostettler. No, sir. Not only do I not have bills 
pending that would, in your words, repeal all known gun control 
laws, but they have been denied for more. They have simply 
walked out on the purchase of a gun. The gentleman doesn't know 
what the circumstances under which I'm talking, and I do.
    And the simple fact of the matter is that they have been 
denied, and they don't purchase the gun.
    Chairman Sensenbrenner. The gentleman's time has expired.
    Mr. Cannon. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Utah, Mr. 
Cannon.
    Mr. Cannon. Thank you, Mr. Chairman. I move to strike the 
last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Cannon. Mr. Chairman, I think we generally agree that 
keeping better and more accessible records of those 
disqualified by current law from owing a firearm is a good 
thing. But I've long been concerned about the Department of 
Justice and other agencies keeping records of law-abiding 
Americans who pass such background checks even after they have 
been approved.
    In the new era of homeland security and consolidation of 
information, we all ought to be concerned about this issue, 
whatever one's view of gun control and second amendment rights 
might be.
    I had planned to introduce language that previously passed 
this Committee in other legislation as an amendment today. 
Instead, I would just like to ask you, Mr. Chairman, to work 
with me on report language clarifying that this bill and the 
National Instant Check System generally does not encourage or 
give license to collection, centralization, and retention of 
information by the Federal Government on law-abiding citizens 
who are not disqualified from owning a firearm.
    Chairman Sensenbrenner. Does the gentleman yield?
    Mr. Cannon. Certainly.
    Chairman Sensenbrenner. Title II of the Brady law, which 
established the NICS system, requires the destruction of 
records as soon as practicable after the background check has 
taken place, thus preventing the NICS system from becoming a 
backdoor gun registration law.
    This bill does not change that provision of the Brady law.
    Mr. Cannon. Thank you, Mr. Chairman. I would just point out 
that in testimony we have heard in this Committee, records are 
being kept a great deal longer, I think, and I think most 
Americans would think, are practicable.
    Chairman Sensenbrenner. If the gentleman will yield?
    Mr. Cannon. Yes.
    Chairman Sensenbrenner. The Attorney General issued 
regulations speeding up the destruction of those records, for 
which he was criticized in some quarters.
    Again, this legislation does not speak to the underlying 
law and the regulations relative to the destruction of records.
    Mr. Cannon. Thank you, Mr. Chairman.
    Also, there's another pressing issue of inaccurate records 
that Members should be aware of. These are the records held by 
the ATF on specialty firearms. Yesterday, Representative Jim 
Gibbons and I introduced legislation, the Veterans' Heritage 
Firearms Act, to remedy part of this problem by allowing a re-
registration period of these weapons for qualified veterans and 
their family members.
    Many existing specialty firearms were enemy weapons brought 
back from World War II, Korea, and Vietnam by returning 
veterans. And these weapons brought back before 1968 have a 
high monetary and historic value, but are subject to 
confiscation and destruction by the ATF, usually because of 
errors and inaccuracies in the ATF's own database, as 
documented by the inspector general.
    I just wanted to take this opportunity to make Members of 
the Committee aware of these two other important issues of our 
work together today to improve recordkeeping and keep guns out 
of the hands of dangerous criminals and those who are otherwise 
incompetent.
    I thank the Chairman for his indulgence, and I yield back 
the balance of my time.
    Chairman Sensenbrenner. The question is one the----
    Ms. Jackson Lee. Mr. Chairman? Mr. Chairman?
    Chairman Sensenbrenner. The gentlewoman from Texas, Ms. 
Jackson Lee.
    Ms. Jackson Lee. Thank you very much, Mr. Chairman.
    I just want to acknowledge that this legislation will help 
to aid in the prevention of gun use as it relates to those with 
mental illness, as noted by an act that this church was named 
after. A disturbed gunman under a restraining order with a 
history of mental health problems, which went unaccounted 
during a background check, fatally shot Reverend Larry Penzes 
and Eileen Tosner during mass. And I believe this legislation, 
as it now changes and comports with the law, will help us save 
lives.
    And I yield back my time.
    [The prepared statement of Ms. Jackson Lee follows:]
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    Chairman Sensenbrenner. The question is on the amendment in 
the nature of a substitute.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
amendment in the nature of a substitute is agreed upon. A 
reporting quorum is present.
    The question now occurs on the motion to report the bill 
H.R. 4757 favorably as amended.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and Chair 
will call for a rollcall.
    The question is on favorably reporting the bill.
    Those in favor will, as your names are called, answer aye.
    Those opposed, no.
    And the clerk will call the roll.
    The Clerk. Mr. Hyde?
    [No response.]
    The Clerk. Mr. Gekas?
    Mr. Gekas. Aye.
    The Clerk. Mr. Gekas, aye. Mr. Coble?
    Mr. Coble. Aye.
    The Clerk. Mr. Coble, aye. Mr. Smith?
    Mr. Smith. Aye.
    The Clerk. Mr. Smith, aye. Mr. Gallegly?
    [No response.]
    The Clerk. Mr. Goodlatte?
    [No response.]
    The Clerk. Mr. Chabot?
    [No response.]
    The Clerk. Mr. Barr?
    Mr. Barr. Aye.
    The Clerk. Mr. Barr, aye. Mr. Jenkins?
    Mr. Jenkins. No.
    The Clerk. Mr. Jenkins, no. Mr. Cannon?
    Mr. Cannon. Aye.
    The Clerk. Mr. Cannon, aye. Mr. Graham?
    [No response.]
    The Clerk. Mr. Bachus? Mr. Bachus?
    [No response.]
    The Clerk. Mr. Hostettler?
    Mr. Hostettler. No.
    The Clerk. Mr. Hostettler, no. Mr. Green?
    Mr. Green. Aye.
    The Clerk. Mr. Green, aye. Mr. Keller?
    Mr. Keller. Aye.
    The Clerk. Mr. Keller, aye. Mr. Issa?
    [No response.]
    The Clerk. Ms. Hart?
    Ms. Hart. Aye.
    The Clerk. Ms. Hart, aye. Mr. Flake?
    Mr. Flake. Aye.
    The Clerk. Mr. Flake, aye. Mr. Pence?
    [No response.]
    The Clerk. Mr. Forbes?
    Mr. Forbes. Aye.
    The Clerk. Mr. Forbes, aye. Mr. Conyers?
    Mr. Conyers. Aye.
    The Clerk. Mr. Conyers, aye. Mr. Frank?
    Mr. Frank. Aye.
    The Clerk. Mr. Frank, aye. Mr. Berman?
    Mr. Berman. Aye.
    The Clerk. Mr. Berman, aye. Mr. Boucher?
    [No response.]
    The Clerk. Mr. Nadler?
    Mr. Nadler. Aye.
    The Clerk. Mr. Nadler, aye. Mr. Scott?
    Mr. Scott. Aye.
    The Clerk. Mr. Scott, aye. Mr. Watt?
    Mr. Watt. Aye.
    The Clerk. Mr. Watt, aye. Ms. Lofgren?
    Ms. Lofgren. Aye.
    The Clerk. Ms. Lofgren, aye. Ms. Jackson Lee?
    Ms. Jackson Lee. Aye.
    The Clerk. Ms. Jackson Lee, aye. Ms. Waters?
    Ms. Waters. Aye.
    The Clerk. Ms. Waters, aye. Mr. Meehan?
    [No response.]
    The Clerk. Mr. Delahunt?
    [No response.]
    The Clerk. Mr. Wexler?
    Mr. Wexler. Aye.
    The Clerk. Mr. Wexler, aye. Ms. Baldwin?
    Ms. Baldwin. Aye.
    The Clerk. Ms. Baldwin, aye. Mr. Weiner?
    Mr. Weiner. Aye.
    The Clerk. Mr. Weiner, aye. Mr. Schiff?
    Mr. Schiff. Aye.
    The Clerk. Mr. Schiff, aye. Mr. Chairman?
    Chairman Sensenbrenner. Aye.
    The Clerk. Mr. Chairman, aye.
    Chairman Sensenbrenner. Additional Members in the chamber 
who wish to cast or change their vote?
    The gentleman from Alabama, Mr. Bachus.
    Mr. Bachus. Aye.
    The Clerk. Mr. Bachus, aye.
    Chairman Sensenbrenner. The gentleman from California, Mr. 
Issa.
    Mr. Issa. Aye.
    The Clerk. Mr. Issa, aye.
    Chairman Sensenbrenner. The gentleman from South Carolina, 
Mr. Graham.
    Mr. Graham. Aye.
    The Clerk. Mr. Graham, aye.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Goodlatte.
    Mr. Goodlatte. Aye.
    The Clerk. Mr. Goodlatte, aye.
    Chairman Sensenbrenner. The gentleman from California, Mr. 
Gallegly.
    Mr. Gallegly. Aye.
    The Clerk. Mr. Gallegly, aye.
    Chairman Sensenbrenner. Additional Members in the chamber 
who wish to cast or change their votes?
    If not, the clerk will report.
    The gentleman from Massachusetts, Mr. Meehan.
    Mr. Meehan. Aye.
    The Clerk. Mr. Meehan, aye.
    Chairman Sensenbrenner. The clerk will report.
    The Clerk. Mr. Chairman, there are 30 ayes and two nays.
    Chairman Sensenbrenner. And the motion to report favorably 
is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute, incorporating the amendment adopted here today. 
Without objection, the Chairman is authorized to move to go to 
conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes. 
And all Members will be given 2 days, as provided by the rules, 
in which to submit additional, dissenting, supplemental, or 
minority views.