An amendment numbered 5 printed in House Report 109-249 to exempt lawsuits involving a dietary supplement relating to a person's weight gain, obesity or any health condition associated with weight gain or obesity.

PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT OF 2005

The Committee resumed its sitting.
The Acting CHAIRMAN (Mr. Putnam). It is now in order to consider
amendment No. 3 printed in House Report 109-249.

Amendment No. 3 Offered by Mr. Filner

Mr. FILNER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 3 offered by Mr. Filner:
At the end of the bill, add the following new section:

SEC. __. LIMITATION.

Notwithstanding any other provision of this Act, this Act
does not apply to an action brought by, or on behalf of, a
person injured at or before the age of 8, against a seller
that, as part of a chain of outlets at least 20 of which do
business under the same trade name (regardless of form of
ownership of any outlet), markets qualified products to
minors at or under the age of 8.

The Acting CHAIRMAN. Pursuant to House Resolution 494, the gentleman
from California (Mr. Filner) and the gentleman from Utah (Mr. Cannon)
each will control 5 minutes.
The Chair recognizes the gentleman from California (Mr. Filner).
Mr. FILNER. Mr. Chairman, the purpose of this amendment today is two-
fold: one, to protect young children and, two, to force better
accountability from the fast food industry.
My amendment exempts those 8 years of age and under from the
provisions of this bill as it relates to fast food restaurants.
Mr. Chairman, in 2001 the U.S. Surgeon General proclaimed childhood
obesity a health issue rivaling cigarette smoking. The Surgeon General
further stated that the rate of overweight children in America doubled
in the past 20 years and tripled among its adolescents. But apparently
few here in Washington seem to have taken notice or cared, and
predictably rates have continued to rise across the country.
Today, one in three children is overweight. Yes, Mr. Chairman, I said
one in three, almost 35 percent. And what has been Congress's response
to the growing epidemic? Has it provided more funding for obesity
awareness or tried to implement programs to improve nutrition in
schools? No. Instead, Congress brings forwards a bill to immunize fast
food companies. Where is the logic?
Those supporting the bill talk about choice, the freedom to eat.
Well, we are talking about young children and, of course, we want them
to eat correctly, healthy, and that is not the primary responsibility
of the fast food industry. Childhood obesity is best tackled at home
through improved parental involvement, increased physical exercise,
better diet and restraint from eating.
However, as a parent, as a grandparent, as a former educator, I know
that these practices alone when we are dealing with young children are
insufficient. We will never control this rising epidemic without
greater accountability from the food industry.
Congress is headed in the wrong direction with this bill which
removes any and all incentives from the food industry to improve their
products for children. Congress has allowed the greed of big
corporations to come before the need of our children. Today, the
younger generation faces a litany of health issues that generations
before just never did. Heart disease, high blood pressure,
hypertension, joint problems, asthma, diabetes and cancer are on the
increase with these young children; and a steady diet of fast food is
the last thing they need. Unfortunately, fast food restaurants are
bombarding our children with advertisements that encourage
overconsumption of unhealthy eating choices.
The average child views 20,000 television commercials every year.
That is about 55 a day. More disturbingly, the commercials for candy,
snacks, sugared cereals and other food with poor nutritional content
far out-number commercials for more healthy food choices. So it is not
just a matter of individual responsibility, of individual choice when
we are talking about young children under 8.
Studies indicate that these children are more susceptible to
advertising and even less likely to understand the purpose of this
advertising. So why is so much advertising at home done during the
cartoon hours? It is no coincidence that major fast food chains
routinely run their advertisements during this time. Experts in this
field unequivocally state that the fear of litigation and regulation
prompts the industry to rethink how it markets and sells food to
children. This has been evidenced by some of the recent changes made
within the industry.
Unfortunately, the bill as presently written forecloses the
opportunity to

[[Page H8934]]

hold the industry accountable and thus puts any future improvements in
jeopardy, assuring continued high rates of childhood obesity, leaving
me to wonder whether we in Congress are here to represent the people or
big business.
The bill is entitled Personal Responsibility in Food Consumption Act.
Personal responsibility is a two-way street: both the consumer and the
executives of the industry, both should act in a personally responsible
manner. So I ask my colleagues to join me in supporting this amendment
to hold fast food companies accountable and to protect our young
children.
Mr. Chairman, I reserve the balance of my time.
Mr. CANNON. Mr. Chairman, I yield myself such time as I may consume.
The gentleman makes a valid point that we have a lot of obese
children. I think it is actually more like 40 percent in some recent
studies I have seen. This is a terrible problem, but I urge the Members
to defeat this amendment. It was defeated by voice vote last year, and
it should be defeated again this year.
The gentleman from California (Mr. Filner) also talks about the
accountability of the food industry; but this amendment tells parents
that if they are not responsible for their children's eating, they can
become millionaires. This amendment manages to exploit children and
discourages parents from exercising parental responsibility all at the
same time. It literally would hold food companies liable when parents
buy their kids a six-pack of kid meals every day for 8 years. Adopting
this amendment would turn the Personal Responsibility in Food
Consumption Act into the Parent Irresponsibility Act.
Even the ultra-liberal Los Angeles Times has stated this is wrong,
saying in an editorial: ``If kids are chowing down to excess on junk
food, aren't their parents responsible for cracking down? And if
parents and other grown-ups overindulge, isn't it their problem, not
that of the purveyors of fast food? Why boost their food bills because
of illegal jousting? People shouldn't get stuffed, but this line of
litigation should.''
Even our best obesity doctors realize that this amendment is another
sad assault on the concept of parental responsibility. As Dr. Jana
Klauer, a fellow at the New York City Obesity Research Center of St.
Luke's Roosevelt Hospital has said, ``I just wonder where were the
parents when kids were having these McDonald's breakfasts every
morning. Were they incapable of pouring a bowl of cereal and some
milk?''
Let us do what we did last year and defeat this parental
irresponsibility amendment by voice vote.
Mr. Chairman, I reserve the balance of my time.
Mr. FILNER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, my friend from Utah (Mr. Cannon) should be writing
advertisements for the fast food industry. Throwing out red herrings,
probably which would not give us obesity, about families becoming
millionaires and all this stuff. It is just a side show.
We are talking about young children. Sure, they ought to make the
right choice and, sure, their parents ought to make the right choices;
but the pressure is on them through television. Parents cannot always
be there. The schools are bringing in the fast food restaurants so they
can make some more money and they encourage it. And lastly and most
importantly, the advertising that is aimed at these children: Where is
the responsibility for the adults who are running these advertisements?
They are aimed at our children.
Mr. CANNON. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I urge my colleagues to defeat this amendment. There is
a problem in America. There is no question but that there is a problem.
We do not solve that problem by shifting responsibility to
corporations. It would be good if corporations did perfect things, but
we live in an imperfect world where parents have the ability to turn
off the television, parents have the ability to teach their children
what to eat and how to eat well. And, interestingly, food that is
better for you actually costs less.
Parents have the ability to deal with these issues in ways that this
Congress and industry cannot do. I urge my colleagues to reject this
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Filner).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. FILNER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
(Mr. Filner) will be postponed.
It is now in order to consider amendment No. 4 printed in House
Report 109-249.

Amendment No. 4 Offered by Mr. Scott of Virginia

Mr. SCOTT of Virginia. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 4 offered by Mr. Scott of Virginia:
At the end of the bill, add the following new section:

SEC. __. STATE CONSUMER PROTECTION ACTIONS.

Notwithstanding any other provision to the contrary in this
Act, this Act does not apply to an action brought by a State
agency to enforce a State consumer protection law concerning
mislabeling or other unfair and deceptive trade practices.

The Acting CHAIRMAN. Pursuant to House Resolution 494, the gentleman
from Virginia (Mr. Scott) and the gentleman from Utah (Mr. Cannon) each
will control 5 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Scott).
Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, we have apparently decided to try these kinds of cases
on the floor of the House where politics and popularity will be
considered, even financial contributions will be allowed, rather than
have those cases and special interests relegated to the judicial branch
where they will be facing unbiased judges and juries and relegated to
the same laws that apply to everybody else. But if we are going to try
the cases, we ought to at least limit the impact of the bill to the
fast food rhetoric that we have heard.
This bill, unfortunately, covers not only fast food lawsuits but also
litigation involving consumer protection when obesity or weight gain
may be one of the elements of the case.
Now, every single State has laws on the books to protect its
consumers. Every State has laws to protect consumers from misleading
practices and each attorney general has the power to enforce these
laws. But unfortunately as written, the bill will prevent State
attorneys general from enforcing those laws. It will not just stop the
individual fast food lawsuits that my colleagues have been discussing,
but because a person who may be a plaintiff is defined in the bill to
include governmental agencies, it will prevent States from getting
injunctions, cease and desist orders, or imposing fines against those
who endanger consumers.
It is important to note that not only money damages are precluded by
the bill. Rather, the bill refers to damages, penalties, injunctive or
declaratory relief, restitution or other relief, all are prohibited
forms of relief that will no longer be available to State attorneys
general if this bill passes without my amendment.
The exception for a ``knowing'' violation is not enough. State
deceptive practices are just like the Federal Trade Commission Act.
They allow civil enforcement actions whether or not the defendant
willfully or knowingly violated the law. In fact, food labeling and
deceptive practices have often exacted strict liability, that is, if
the government can get an injunction whether the person was
intentionally or knowingly in violation.
Mr. Chairman, my State of Virginia has the Consumer Protection Act.
It prohibits misrepresenting that goods or services have certain
qualities, characteristics, ingredients, uses or benefits that they do
not have, and any other conduct which similarly creates a likelihood of
confusion or misunderstanding. A court may order an injunction or
restitution to injured parties even if the violation was unintentional.

[[Page H8935]]

In fact, Virginia is not alone. At least 12 other States have
specifically adopted the Uniform Deceptive Trade Practices Act, section
3, which says that intentional deceptive action is not necessary to get
injunctive relief.

{time}  1145

At least 23 other States have similar standards.
So, Mr. Chairman, my amendment that I present today will address that
problem in the bill. It will ensure that attorneys general and State
agencies can put an end to mislabeling, to deceptive practices, to
false advertising, and other consumer fraud within the borders of the
State. Whatever we think of the individual fast food lawsuits, we
should not prohibit State attorneys general from enforcing States laws
and protecting their citizens.
Mr. Chairman, I reserve the balance of my time.
Mr. CANNON. Mr. Chairman, I yield myself such time as I may consume.
This gutting amendment was defeated on the House floor last year by a
vote of 241 to 177, and it should be defeated again this year.
Lawsuits relating to obesity and weight gain are wrong no matter who
brings them. If private claims are frivolous and should be blocked,
then we should not encourage States to bring them either. This bill
only applies to lawsuits arising out of or related to obesity and
weight gain.
State consumer protection statutes are not intended to cover these
kinds of claims. In fact, not a single State consumer protection law
allows a State agency to sue for damages because someone got fat from
eating too much. However, because the amendment implies State consumer
protection laws do allow lawsuits in which the claim is obesity or
weight gain, courts may well read it to grant all State agencies new
powers to use their State consumer protection laws to seek damages
against the food industry for obesity-related claims. That is directly
contrary to the purpose of this bill. It would not be right to allow
States to use their consumer protection laws in ways they cannot use
them now, namely, to sue the food industry for obesity-related claims.
Consequently, this amendment should be defeated.
In any case, section 4(5)(b) of H.R. 544 makes it clear that obesity-
related lawsuits can be brought by anyone who can prove he suffered
harm as a result of a violation of State or Federal law, including laws
that prohibit deceptive or misleading advertising, by showing he
individually and justifiably relied on such deceptive or misleading
advertising and that such reliance was the proximate cause of the
injury.
So the bill itself already allows lawsuits against bad actors while
preserving the concept of personal responsibility. The amendment does
not do that, it should be defeated, and I urge my colleagues to vote
against this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, in closing let me just say that,
as the gentleman from Arkansas, who is a physician, indicated, weight
gain can be caused by contamination or other problems, even if that
contamination was unknowing. Under this bill, the attorney general
would not be able to get an injunction. We should trust our States
attorneys general and consumer protection agencies to do the right
thing and not prohibit them from protecting our citizens.
Mr. Chairman, I would hope the amendment would be adopted.
Mr. Chairman, I yield back the balance of my time.
Mr. CANNON. Mr. Chairman, in closing, let me just say that we have
consumer protection laws. This bill is not intended to expand those
laws. It is not intended to put restaurants out of business. It is not
intended to shift responsibility from individuals and from parents. It
is about personal responsibility, and I urge opposition to this
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Putnam). The question is on the amendment
offered by the gentleman from Virginia (Mr. Scott).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. SENSENBRENNER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
(Mr. Scott) will be postponed.
It is now in order to consider amendment No. 5 printed in House
Report 109-249.

Amendment No. 5 Offered by Mr. Waxman

Mr. WAXMAN. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 5 offered by Mr. Waxman:
At the end of the bill, add the following new section:

SECTION __. NOT APPLICABLE TO DIETARY SUPPLEMENTS.

Notwithstanding any other provision of this Act, this Act
does not apply to a claim of injury involving a dietary
supplement relating to a person's weight gain, obesity or any
health condition associated with weight gain or obesity.

The Acting CHAIRMAN. Pursuant to House Resolution 494, the gentleman
from California (Mr. Waxman) and the gentleman from Utah (Mr. Cannon)
each will control 5 minutes.
The Chair recognizes the gentleman from California (Mr. Waxman).
Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, those who support this bill argue that food
manufacturers should be sheltered from lawsuits claiming that their
products cause someone to become obese. I can understand their
reasoning, because there is a sense of personal responsibility
involved. But what my amendment would do is to limit that language so
it is not so broad as to include what are called ``dietary
supplements,'' because some of these products are not like food. They
are not reviewed by the FDA. They are not even subject to FDA
intervention, unless they can show real harm being done, and we have
had examples of ephedra and andro that have been withdrawn from the
market because they caused serious injury, or DHEA, which is a steroid
precursor.
The bill authors would say that they want to protect from lawsuits
when people say they have gained weight or there is obesity or health
conditions associated with a person's weight gain or obesity. Imagine
you are overweight and suffer from high blood pressure because you are
overweight, and you decide to try losing weight by taking a dietary
supplement product. But what you do not know is that the product you
are taking contains a potentially dangerous stimulant; and instead of
helping you lose weight, the product causes your blood pressure to go
even higher and makes you really sick. If this bill passed, you could
not sue the dietary supplement company even if the product did not have
a warning label; even if the companies received thousands of adverse
event reports that they have kept hidden; even if a professional
medical society and experts have concluded that the product is
dangerous; and even if the company has never tested the product to see
if it is safe.
Removing the threat of liability for dangerous dietary supplements
would be a grave mistake. Despite evidence that supplements containing
ephedra are dangerous and have caused heart attacks or strokes or
death, it took the FDA years to act to take higher-dose ephedra
supplements off the market. In the meantime, some dietary supplement
companies stopped making ephedra products because of the mounting
litigation. Without having to take responsibility for their products,
manufacturers could be free to sell dangerous substances to the public.
The threat of a lawsuit could have a real impact here, and it is not
one simply of personal responsibility.
We are seeing now a new generation of weight-loss products marketed
as dietary supplements that have stimulant ingredients that may be
similar to ephedra. According to a recent study, these new products may
raise blood pressure and heart rate, making them potentially dangerous
particularly to those people who already have heart disease. However,
it is perfectly legal for a dietary supplement manufacturer to sell
these products without testing to see if they are safe and without
warning consumers of potential adverse effects.

[[Page H8936]]

This bill, as it is drafted, is a license for reckless behavior by
dietary supplement manufacturers. I do not know if that is what the
authors intended; I tend to think they probably did not look at that
issue. It allows them to sell dangerous products to Americans without
ever having to take responsibility in a court of law, and our amendment
would close the dietary supplement loophole. I urge my colleagues to
support it.
Mr. Chairman, I reserve the balance of my time.
Mr. CANNON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the amendment is substantially the same as the
amendment offered by the gentlewoman from Texas (Ms. Jackson-Lee),
which was defeated on the House floor last year by a vote of 166 to
250, and it should be defeated again this year.
This amendment must be defeated because it would gut the bill. This
amendment, if adopted, would allow anyone to eat as many health bars
and drink as many diet shakes as they wanted and then sue the makers of
the health bars and the diet shakes for millions of dollars for making
them fat when the health bar and diet shake manufacturers had done
absolutely nothing wrong.
The term ``dietary supplement,'' as defined in 21 U.S.C. can include
just about any food imaginable. It is defined in 21 U.S.C. 321(ff) as
``a product intended to supplement the diet that bears or contains one
or more of the following ingredients,'' including ``a vitamin or
mineral.'' Do we really want to encourage lawsuits by people who get
fat because they choose to eat too much food that happens to meet this
definition? Of course not. And that is why this amendment must be
defeated.
The same concept of personal responsibility should apply to anyone
who chooses to eat too many health bars or diet shakes, or other
similar products, just as it should be applied to anyone else.
If you want to destroy every company that sells products that help
keep our waistlines trim by allowing them to be sued out of existence,
then vote for this amendment. But if you want to help combat the
obesity problem in America, vote down this gutting amendment and
preserve the concept of personal responsibility.
Allowing the types of lawsuits this amendment would allow flatly
contradicts the advice of our Nation's leading nutritionists. Listen to
the insightful words of Dr. Gerard Musante, a clinical psychologist
with training at Duke University Medical Center, who has worked for
more than 30 years with thousands of obese people. He is the founder of
Structure House, a residential weight-loss facility in Durham, North
Carolina. He said the following at a Senate hearing on this
legislation:
``Lawsuits are pointing fingers at the food industry in an attempt to
curb the Nation's obesity epidemic. These lawsuits do nothing but
enable consumers to feel powerless in a battle for maintaining one's
own personal health. The truth is, we as consumers have control over
the food choices we make, and we must issue our better judgment when
making these decisions. Negative life-style choices cause obesity, not
a trip to the fast food restaurant or a cookie high in trans fat.
``Through working with obese patients, I have learned that the worst
thing one can do is blame an outside force to get themselves `off the
hook,' to say it is not their fault and that they are a victim.
Congress has rightly recognized the danger of allowing Americans to
continue blaming others for the obesity epidemic. It is imperative that
we prevent lawsuits from being filed against any industry for answering
consumer demands. The fact that we are addressing the issue here today
is a step in the right direction.''
Even the chairman of the American Council For Fitness and Nutrition,
Susan Finn, has written that ``Although obesity is a serious health
threat to millions of Americans, lawsuits and fingerpointing are not
realistic solutions. If you are obese, you don't need a lawyer, you
need to see your doctor, a nutritionist and a physical trainer. Playing
the courtroom blame game won't make anyone thinner or healthier.''
Section 4(5)(b) of H.R. 554 makes it clear that obesity-related
lawsuits can be brought by anyone who can prove he has suffered harm as
a result of a violation of State or Federal law, including laws that
prohibit deceptive or misleading advertising, by showing they
individually and justifiably relied on such deceptive or misleading
advertising and such reliance was the proximate cause of their injury.
So if a manufacturer of a health bar or a diet shake lies concerning
the calorie content of the food, and someone relies on that false
statement and suffers injury, the person can sue the manufacturer under
this legislation.
But let us not encourage people to sue makers of health bars and diet
shakes because they choose to eat too many of them and get fat. I urge
my colleagues to defeat this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume.
I know that the argument on the other side is that we want people to
take personal responsibility, but is it fair to say that there is
personal responsibility when a company hides thousands of serious
adverse effects, as was the case with a company that had a product with
ephedra in it; or when a company does not warn about its risks; when
companies know about dangers and do not market their product
responsibly?
We are not talking about in this situation a food product that may be
heavy in fat or may have cholesterol or whatever. People should expect
in eating foods generally recognized as safe that if they abuse their
eating habits they are responsible for it. But with a dietary
supplement, if the manufacturer withholds this information about the
risks, and there is no warning whatsoever when the manufacturer knows
there should be, then it seems to me we are giving up the
responsibility of the manufacturer to warn and taking people who are
harmed not because they did not act responsibly and then saying to them
they are out of luck.
I would think this is not a good argument that we have heard on the
other side, and I would hope Members would make this exception. A food
supplement, a dietary supplement in the form of a pill or some other
process is like a drug, and I do not think we would want people to be
subjected to no lawsuit that is legitimate if the drug has never been
approved and never warned about by the manufacturer. So I ask support
of the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. CANNON. Mr. Chairman, I yield myself such time as I may consume.
The gentleman is talking about various kinds of supplements. He
mentioned ephedra and other supplements to help people lose weight.
That is a substantial distinction here. If a person buys a supplement
and there has been misleading advertising or the manufacturer knows of
adverse effects and does not communicate those, and if that constitutes
a violation of law, a lawsuit is not prohibited by this legislation.
This legislation is going the other way and saying you cannot sue
people if you get fat because you make wrong choices, as opposed to you
have had some kind of injury or illness because of a misadvertised or
otherwise inappropriate utilization of a supplement.

{time}  1200

Mr. WAXMAN. Mr. Chairman, will the gentleman yield?
Mr. CANNON. I yield to the gentleman from California.
Mr. WAXMAN. Mr. Chairman, the gentleman raises an interesting point
that it would be a violation of law. A lot of times these are not
violations of law because there are no laws that pertain.
Mr. CANNON. Reclaiming my time, we are not trying to change the whole
world of consumer law here, we are only trying to change one aspect of
it. If the gentleman is concerned about, and I know the gentleman has
great concern about the effect of supplements like Ephedra which have
largely been abandoned by the industry, that is something we ought to
be considering, but not in the context of this legislation. I urge my
colleagues to reject this amendment.
The Acting CHAIRMAN (Mr. Terry). The question is on the amendment
offered by the gentleman from California (Mr. Waxman).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.

[[Page H8937]]

Mr. WAXMAN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
(Mr. Waxman) will be postponed.

Sequential Votes Postponed in Committee of the Whole

The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed in the following order:
Amendment No. 2 by Ms. Jackson-Lee of Texas.
Amendment No. 3 by Mr. Filner of California.
Amendment No. 4 by Mr. Scott of Virginia.
Amendment No. 5 by Mr. Waxman of California.
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.

Amendment No. 2 Offered by Ms. Jackson-Lee of Texas

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Texas
(Ms. Jackson-Lee) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 67,
noes 357, not voting 9, as follows:

[Roll No. 529]

AYES--67

Berkley
Brady (PA)
Brown (OH)
Butterfield
Capuano
Carnahan
Carson
Clay
Cleaver
Crowley
Cummings
DeFazio
Delahunt
Doggett
Farr
Fattah
Filner
Green, Al
Green, Gene
Grijalva
Gutierrez
Higgins
Hinchey
Hinojosa
Honda
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Jones (OH)
Kilpatrick (MI)
Kucinich
Langevin
Larson (CT)
Lee
Markey
McDermott
McKinney
McNulty
Meehan
Millender-McDonald
Moore (WI)
Nadler
Napolitano
Obey
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Rush
Sanchez, Linda T.
Sanders
Schakowsky
Scott (VA)
Serrano
Slaughter
Stark
Thompson (MS)
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Wexler
Woolsey
Wynn

NOES--357

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Cardin
Cardoza
Carter
Case
Castle
Chabot
Chandler
Chocola
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Cunningham
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeGette
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doolittle
Doyle
Drake
Dreier
Duncan
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Hobson
Hoekstra
Holden
Holt
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Lantos
Larsen (WA)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Olver
Ortiz
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Loretta
Saxton
Schiff
Schmidt
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Walden (OR)
Walsh
Wamp
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Young (AK)
Young (FL)

NOT VOTING--9

Boswell
Davis (FL)
Dingell
Edwards
Feeney
Keller
Lewis (GA)
Myrick
Roybal-Allard

Announcement by the Acting Chairman

The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are
advised there are 2 minutes left in this vote.

{time}  1228

Messrs. BARRETT of South Carolina, KINGSTON, WAXMAN, Ms.
SOLIS, Mrs. NORTHUP, Messrs. NEAL of Massachusetts,
LEVIN, RANGEL, SMITH of Texas, GEORGE MILLER of
California, HOLT, Ms. SCHWARTZ of Pennsylvania, Mrs.
McCARTHY, Mr. CONYERS, and Mr. HASTINGS of Florida
changed their vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 3 Offered by Mr. Filner

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Filner) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 129,
noes 298, not voting 6, as follows:

[Roll No. 530]

AYES--129

Abercrombie
Ackerman
Andrews
Baldwin
Becerra
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Chandler
Clay
Cleaver
Conyers
Costello
Crowley
Cuellar
Cummings
Davis (CA)
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Emanuel
Engel
Etheridge
Evans
Farr
Fattah
Filner
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hastings (FL)
Higgins
Hinchey
Holt
Honda
Hoyer
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kucinich
Lantos
Larson (CT)
Lee
Levin
Lipinski
Lofgren, Zoe
Lowey
Maloney
Markey
Matsui
McCarthy
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Musgrave
Nadler
Napolitano
Oberstar
Obey

[[Page H8938]]

Olver
Owens
Pallone
Pastor
Payne
Pelosi
Price (NC)
Rahall
Rangel
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (VA)
Serrano
Sherman
Slaughter
Solis
Stark
Stupak
Thompson (MS)
Tierney
Udall (NM)
Van Hollen
Velazquez
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu

NOES--298

Aderholt
Akin
Alexander
Allen
Baca
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Berkley
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Case
Castle
Chabot
Chocola
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Cramer
Crenshaw
Cubin
Culberson
Cunningham
Davis (AL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Emerson
English (PA)
Eshoo
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Hinojosa
Hobson
Hoekstra
Holden
Hooley
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Larsen (WA)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Lynch
Mack
Manzullo
Marchant
Marshall
Matheson
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Melancon
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller, Gary
Moore (KS)
Moran (KS)
Murphy
Murtha
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Ortiz
Osborne
Otter
Oxley
Pascrell
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Royce
Ruppersberger
Ryan (WI)
Ryun (KS)
Salazar
Sanchez, Loretta
Saxton
Schmidt
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Souder
Spratt
Stearns
Strickland
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Udall (CO)
Upton
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wynn
Young (AK)
Young (FL)

NOT VOTING--6

Boswell
Davis (FL)
Keller
Lewis (GA)
Myrick
Roybal-Allard

Announcement by the Acting Chairman

The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are
advised there are 2 minutes remaining in this vote.

{time}  1236

So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 4 Offered by Mr. Scott of virginia

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Scott) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 192,
noes 234, not voting 7, as follows:

[Roll No. 531]

AYES--192

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boucher
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Carnahan
Carson
Case
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Costello
Crowley
Cuellar
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Duncan
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Fitzpatrick (PA)
Ford
Frank (MA)
Gerlach
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rohrabacher
Ross
Rothman
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tauscher
Taylor (MS)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

NOES--234

Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cramer
Crenshaw
Cubin
Culberson
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Edwards
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)

[[Page H8939]]

Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Tanner
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NOT VOTING--7

Boswell
Davis (FL)
Keller
Lewis (GA)
Myrick
Roybal-Allard
Simpson

Announcement by the Acting Chairman

The Acting CHAIRMAN (during the vote). Members are advised there are
2 minutes remaining in this vote.

{time}  1246

Mr. CARDOZA changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 5 Offered by Mr. Waxman

The Acting CHAIRMAN (Mr. Terry). The pending business is the demand
for a recorded vote on the amendment offered by the gentleman from
California (Mr. Waxman) on which further proceedings were postponed and
on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 177,
noes 247, not voting 9, as follows:

[Roll No. 532]

AYES--177

Abercrombie
Ackerman
Allen
Andrews
Baca
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boucher
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capps
Capuano
Cardin
Carnahan
Carson
Chandler
Clay
Cleaver
Clyburn
Conyers
Costa
Costello
Crowley
Cummings
Davis (CA)
Davis (IL)
Davis, Tom
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Fitzpatrick (PA)
Ford
Frank (MA)
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Higgins
Hinchey
Hinojosa
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jefferson
Johnson, E. B.
Jones (OH)
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lipinski
Lofgren, Zoe
Lowey
Lynch
Markey
Marshall
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
Rothman
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Stark
Strickland
Stupak
Sweeney
Tauscher
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wolf
Woolsey
Wu
Wynn

NOES--247

Aderholt
Akin
Alexander
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carter
Case
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cooper
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Cunningham
Davis (AL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Deal (GA)
DeFazio
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Hobson
Hoekstra
Holden
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jackson-Lee (TX)
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Murtha
Musgrave
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schmidt
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Smith (NJ)
Smith (TX)
Sodrel
Souder
Spratt
Stearns
Sullivan
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Young (AK)
Young (FL)

NOT VOTING--9

Boswell
Davis (FL)
Keller
Lewis (GA)
Maloney
Marchant
Myrick
Roybal-Allard
Simpson

Announcement by the Acting Chairman

The Acting CHAIRMAN (during the vote). Members are advised there are
2 minutes left in this vote.

{time}  1253

So the amendment was rejected.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN. The question is on the committee amendment in
the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The Acting CHAIRMAN. Under the rule, the committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Latham) having assumed the chair, Mr. Terry, Acting Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 554) to
prevent legislative and regulatory functions from being usurped by
civil liability actions brought or continued against food
manufacturers, marketers, distributors, advertisers, sellers, and trade
associations for claims of injury relating to a person's weight gain,
obesity, or any health condition associated with weight gain or
obesity, pursuant to House Resolution 494, he reported the bill back to
the House with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on the amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the committee amendment in the nature
of a substitute.
The committee amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.

[[Page H8940]]

The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 306,
nays 120, not voting 7, as follows:

[Roll No. 533]

YEAS--306

Aderholt
Akin
Alexander
Baca
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Berkley
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardoza
Carter
Castle
Chabot
Chocola
Clay
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Cunningham
Davis (AL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Gene
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinojosa
Hobson
Hoekstra
Holden
Hooley
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Lynch
Mack
Manzullo
Marchant
Marshall
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
McNulty
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller, Gary
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Musgrave
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Obey
Ortiz
Osborne
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Ryun (KS)
Salazar
Sanchez, Loretta
Saxton
Schmidt
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Sodrel
Souder
Spratt
Stearns
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Udall (CO)
Upton
Velazquez
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Wynn
Young (AK)
Young (FL)

NAYS--120

Abercrombie
Ackerman
Allen
Andrews
Baldwin
Becerra
Berman
Bishop (NY)
Blumenauer
Brady (PA)
Brown (OH)
Butterfield
Capps
Capuano
Cardin
Carnahan
Carson
Case
Chandler
Cleaver
Conyers
Costello
Crowley
Cummings
Davis (CA)
DeGette
Delahunt
DeLauro
Doggett
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Frank (MA)
Gonzalez
Green, Al
Grijalva
Gutierrez
Hastings (FL)
Hinchey
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kucinich
Lantos
Lee
Levin
Lofgren, Zoe
Lowey
Maloney
Markey
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McKinney
Meehan
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Olver
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Price (NC)
Rahall
Rangel
Rothman
Rush
Sabo
Sanchez, Linda T.
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (VA)
Serrano
Sherman
Snyder
Solis
Stark
Strickland
Thompson (MS)
Tierney
Udall (NM)
Van Hollen
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey

NOT VOTING--7

Boswell
Davis (FL)
Keller
Lewis (GA)
Myrick
Pryce (OH)
Roybal-Allard

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (Mr. Latham) (during the vote). Members are
advised that 2 minutes remain in this vote.

{time}  1314

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________