[Congressional Record (Bound Edition), Volume 151 (2005), Part 17]
[House]
[Pages 23089-23097]
[From the U.S. Government Publishing Office, www.gpo.gov]




        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.

[[Page 23090]]

  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 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

[[Page 23091]]

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.
  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

[[Page 23092]]

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.
  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

[[Page 23093]]

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.
  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)

[[Page 23094]]


     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
     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)

[[Page 23095]]


     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)
     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

[[Page 23096]]


     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.
  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

[[Page 23097]]


     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.

                          ____________________