[Congressional Record Volume 160, Number 96 (Thursday, June 19, 2014)]
[House]
[Pages H5514-H5555]


             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2015

[...]

                   amendment offered by mr. massie

  Mr. MASSIE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will report the amendment.
  The Clerk read as follows:

       At the end of the bill (before the short title), insert the 
     following new section:
       Sec. __. (a) Except as provided in subsection (b), none of 
     the funds made available by this Act may be used by an 
     officer or employee of the United States to query a 
     collection of foreign intelligence information acquired under 
     section 702 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1881a) using a United States person 
     identifier.
       (b) Subsection (a) shall not apply to queries for foreign 
     intelligence information authorized under section 105, 304, 
     703, 704, or 705 of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1805; 1842; 1881b; 1881c; 1881d), or title 
     18, United States Code, regardless of under what Foreign 
     Intelligence Surveillance Act authority it was collected.
       (c) Except as provided for in subsection (d), none of the 
     funds made available by this Act may be used by the National 
     Security Agency or the Central Intelligence Agency to mandate 
     or request that a person (as defined in section 1801(m) of 
     title 50, United States Code) alter its product or service to 
     permit the electronic surveillance (as defined in section 
     1801(f) of title 50, United States Code) of any user of said 
     product or service for said agencies.
       (d) Subsection (c) shall not apply with respect to mandates 
     or requests authorized under the Communications Assistance 
     for Law Enforcement Act (47 U.S.C. 1001 et seq.).

  The Acting CHAIR. Pursuant to House Resolution 628, the gentleman 
from Kentucky and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Kentucky.
  Mr. MASSIE. Mr. Chairman, the American people are sick of being spied 
on. Our Founding Fathers wrote an important provision into the Bill of 
Rights--the Fourth Amendment--and that requires probable cause and a 
warrant before the government and government agents can snoop on any 
American.
  During the debate on the USA FREEDOM Act, we knew that more work was 
needed to ensure Americans' privacy rights are protected. That is why 
our bipartisan group has joined together to shut surveillance backdoors 
that do not meet the expectations of our constituents or the standards 
required by the Constitution.
  At this time, I yield 1\1/2\ minutes to my colleague from California 
(Ms. Lofgren).
  Ms. LOFGREN. Mr. Chairman, I think it is important to know that the 
Director of National Intelligence has confirmed publicly that the 
government searches vast amounts of data, including the content of 
emails and telephone calls, without individualized suspicion or 
probable cause when it comes to U.S. persons.

[[Page H5545]]

  Last week, the director of the FBI testified under oath, before the 
Judiciary Committee, that this information is used for prosecution and 
without a warrant.
  This amendment is simple. It allows us to get the bad guys, but it 
also says use probable cause and the Fourth Amendment. It also closes a 
backdoor to technology holes.
  The broad support for this, I think, shows why it is important for 
Mr. Sensenbrenner of Wisconsin; myself; Mr. Conyers of Michigan; Mr. 
Poe of Texas; Ms. Gabbard; Mr. Jordan of Ohio; Mr. O'Rourke; Mr. Amash; 
of course, Mr. Massie; Mr. Holt; Mr. Nadler; Mr. Petri; Ms. DelBene; 
Mr. Farenthold; Mr. Sanford; and Mr. Butterfield--this spans all over 
this House of Representatives, from right to left, with Members saying: 
yes, we need to protect our country, but we also need to honor our 
Constitution and especially the Fourth Amendment.
  We started this Congress by reading the Constitution of the United 
States aloud in this Chamber. Let's finish this bill by making sure 
that we honor that Constitution by adopting this amendment.
  Mr. MASSIE. Mr. Chair, I will submit for the Record the letter from 
the Director of National Intelligence that my colleague from California 
referred to.

                            Director of National Intelligence,

                                    Washington, DC, Mar. 28, 2014.
     Hon. Ron Wyden,
     U.S. Senate,
     Washington, DC.
       Dear Senator Wyden: During the January 29, 2014, Worldwide 
     Threat hearing, you cited declassified court documents from 
     2011 indicating that NSA sought and obtained the authority to 
     query information collected under Section 702 of the Foreign 
     Intelligence and Surveillance Act (FISA), using U.S. person 
     identifiers, and asked whether any such queries had been 
     conducted for the communications of specific Americans.
       As reflected in the August 2013 Semiannual Assessment of 
     Compliance with Procedures and Guidelines Issued Pursuant to 
     Section 702, which we declassified and released on August 21. 
     2013, there have been queries, using U.S. person identifiers, 
     of communications lawfully acquired to obtain foreign 
     intelligence by targeting non U.S. persons reasonably 
     believed to be located outside the U.S. pursuant to Section 
     702 of FISA. These queries were performed pursuant to 
     minimization procedures approved by the FISA Court as 
     consistent with the statute and the Fourth Amendment. As you 
     know, when Congress reauthorized Section 702, the proposal to 
     restrict such queries was specifically raised and ultimately 
     not adopted.
       For further assistance, please do not hesitate to contact 
     Deirdre M. Walsh in the Office of Legislative Affairs, at 
     (703) 275-2474.
           Sincerely,
                                                 James R. Clapper.
  Mr. MASSIE. At this point, I reserve the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, I strongly oppose the gentleman's 
amendment. This is our Appropriations bill. There is nothing in this 
amendment about funding. You won't see one dollar sign or numeral. The 
goal was to change policy--that is why they are here--and the 
application of the law without the oversight of the authorizing 
committees. The authorizers ought to be dealing with this issue.
  It is my pleasure to yield such time as he may wish to consume to the 
distinguished gentleman from Virginia (Mr. Goodlatte), the chairman of 
the Judiciary, to respond to this amendment.
  Mr. GOODLATTE. Mr. Chairman, last month, the House passed H.R. 3361, 
the USA FREEDOM Act, with overwhelming bipartisan support. This 
amendment undoes the carefully crafted reforms that this body passed, 
with overwhelming support.
  A similar amendment regarding section 702 was offered and rejected by 
the House Judiciary Committee during its markup of H.R. 3361.
  The bipartisan legislation passed by the House last month was closely 
negotiated on a bipartisan basis with the House Intelligence Committee, 
House leadership, and the intelligence community--to create a product 
that provides real, meaningful reforms to intelligence-gathering 
programs, while ensuring that the operational capabilities of the 
intelligence community are protected.
  H.R. 3361 explicitly codifies existing minimization procedures for 
section 702 of the FISA Amendments Act that requires the intelligence 
community to minimize the collection and prohibit the retention and 
dissemination of wholly domestic communications.
  H.R. 3361 also prohibits the government from using communications to 
or from a United States person or a person who appears to be located in 
the United States, except where the communication relates to a target 
under section 702 or to protect against an immediate threat to human 
life.
  The intelligence community is strictly prohibited from using section 
702 of the FISA Amendments Acts to target a U.S. person. If a U.S. 
person is the target of intelligence gathering under FISA, this must, 
at all times, be carried out pursuant to an individualized court order 
based upon probable cause.
  Mr. FRELINGHUYSEN. Mr. Chairman, I yield 1 minute to the gentleman 
from Maryland (Mr. Ruppersberger), the ranking member of the 
Intelligence Committee.
  Mr. RUPPERSBERGER. Mr. Chairman, I urge my colleagues to vote against 
this amendment.
  The USA FREEDOM Act that reformed the Foreign Intelligence 
Surveillance Act was the product of nearly a year of carefully 
considered negotiation and debate. It passed the House last month with 
an overwhelming bipartisan majority of 303 votes, but now, we have an 
amendment to an appropriations bill that makes major legislative 
changes to FISA with only 10 minutes of debate, and it makes our 
country less safe.
  It would prohibit the urgent search of lawfully-collected information 
to thwart a bomb plot against a synagogue in Los Angeles, a church in 
Maryland, or the New York Stock Exchange.
  It has no emergency exceptions, and it basically says that what you 
can do to stop a criminal in this country, you can't do to stop a 
terrorist. That is wrong. We cannot allow this to happen.
  We will continue to work on FISA and our other national security laws 
to maximize privacy and civil liberties, especially for U.S. persons, 
but we must do so carefully and deliberately. We must make sure to also 
keep our country and our allies safe from terrorist attacks.
  Ultimately, while I applaud these Members for continuing to look for 
ways to reform our intelligence laws, we shouldn't be doing this on an 
appropriations bill with only 10 minutes of debate.
  Mr. MASSIE. Mr. Chairman, the chairman of the Judiciary Committee is 
correct. This was in the original FREEDOM Act, and it was stripped out 
in his committee. That is why many of the Members who originally 
sponsored the FREEDOM Act did not, in fact, vote for the final version, 
and I would argue that it was not legislated.
  The final version of the FREEDOM Act was done behind closed doors, 
and when it came to this floor, we would have loved to have offered 
amendments, but the rules were written such that we could not amend it.
  Legislators from 435 districts had no say in the final bill, and that 
is why we are here tonight with this amendment, to reinsert this 
provision which over 150 Members of this body sponsored.
  At this point, I would like to yield 30 seconds to the gentlewoman 
from Hawaii (Ms. Gabbard).
  Ms. GABBARD. Mr. Chairman, our number one priority is keeping the 
American people safe. We do that by focusing our resources on those who 
actually pose a threat to our safety, while upholding the freedoms and 
civil liberties of the American people, not by continuing this dragnet 
spying on millions of Americans.
  There is no evidence to date that these programs have made our 
country more secure. Not a single taxpayer dollar should be used to 
fund a program that spies on innocent Americans, violating the 
principles of liberty and freedom that so many have fought and given 
their lives for.
  Mr. MASSIE. Mr. Chairman, I yield 30 seconds to the gentleman from 
Texas (Mr. Poe).
  Mr. POE of Texas. Mr. Chairman, the NSA has shown they will always 
interpret the law to the extent that allows them to seize the 
information. That is why the law has to be much more clear to the NSA. 
We all must remember that the NSA was violating the PATRIOT Act, as 
written.

[[Page H5546]]

  This amendment does something that is very concrete. It tells the 
NSA: Get a warrant. Get a warrant through the front door. You get a 
warrant through the backdoor. You can't spy on Americans unless you get 
a warrant. That is what this amendment does, and I support this 
amendment.
  Mr. FRELINGHUYSEN. I reserve the balance of my time.
  Mr. MASSIE. Mr. Chairman, my friend from Texas is correct. The 
American people can be kept safe, and we can follow the Constitution. 
We don't have to disregard it, and that is what this amendment would 
allow us to do, to keep the American people safe while protecting their 
civil liberties.
  There are two provisions here, and they both close backdoors. One 
backdoor currently allows, without probable cause or a warrant, for the 
NSA to query a database of American persons' information. This is 
wrong. They should have a warrant.
  The other part of this amendment would prevent money from being spent 
to fund companies to put backdoors into products. When the government 
causes these companies to intentionally make defects in their products, 
they make Americans less safe. They make Americans' data less safe, and 
they compromise the quality of American goods overseas.
  Ultimately, this is about the Constitution, and if you believe in the 
Constitution, if you believe that it is still valid, if you think we 
can honor the Fourth Amendment and that we can still keep people safe, 
then I urge you to vote for this amendment.
  I yield back the balance of my time.

                              {time}  2145

  Mr. FRELINGHUYSEN. I yield 1\1/2\ minutes to the gentleman from 
Virginia (Mr. Goodlatte).
  Mr. GOODLATTE. Mr. Chairman, the bill passed by this House honors the 
Fourth Amendment and protects the rights of American citizens. At the 
same time, Islamic radical terrorists are on the march in Iraq, and the 
leader has publicly threatened to attack America, Syria has become a 
vortex of jihadists from across the globe, and the Director of National 
Intelligence and the Secretary of Homeland Security have warned of the 
growing threat these jihadists pose to our own homeland. State control 
has collapsed in Libya, and rival gangs of radical terrorists have 
established safe havens that rival those in Afghanistan prior to 2001.
  Meanwhile, in Afghanistan, the Taliban, Haqqani Network, and al Qaeda 
continue to fight. Moreover, the administration has released the 
Taliban Five from Guantanamo, emboldening the terrorists. The terrorist 
danger is grave and growing. The terrorist threat is not contained 
overseas. The U.S. homeland remains a prime aspiration and target.
  This amendment would create a blind spot for the intelligence 
community tracking terrorists with direct connections to the U.S. 
homeland. This amendment would impose greater restrictions on the 
intelligence community's ability to protect national security than 
constitutionally required and create an impediment to the government's 
ability to locate threat information already in its possession. Such an 
impediment would put American lives at risk of another terrorist attack
  I urge my colleagues to reject this amendment and stand by the 
legislation passed. It is also being considered in the Senate and there 
will be further negotiations, but this--this--contradicts the intent of 
the House and endangers America's national security.
  Mr. FRELINGHUYSEN. I yield back the balance of my time.
  Mr. HOLT. Mr. Chair, this amendment answers questions millions of 
Americans have asked: Will we stop the government's unconstitutional 
searches of Americans' stored communications? Will we prohibit the 
government from deliberately sabotaging the security of the internet 
and America's technology products?
  This amendment would do both while still giving the government all 
the authority it needs to collect foreign intelligence on real threats. 
It is a first step towards reversing the current government paradigm of 
treating our people as suspects first, and citizens second. I urge my 
colleagues to vote yes on this bipartisan amendment.
  It has been over a year now since the nation learned of the scope of 
the National Security Agency's vast surveillance programs targeting 
global communications, and thus the communications of every American. 
These programs have been executed in the absence of true, probing 
Congressional oversight, and they have been repeatedly rubber-stamped 
by a secret court that has too often acted as an enabler of this 
domestic spying rather than a check on it.
  Earlier this spring, the House passed a bill--the USA Freedom Act--
that if enacted into law would have the effect of essentially 
enshrining these unconstitutional programs into law. While I hope the 
Senate will either reject or substantially improve that legislation, 
there is no guarantee that the USA Freedom Act or any other stand-alone 
NSA reform legislation will pass the Congress this year. That is why I 
and over a dozen of my colleagues, on a bipartisan basis, have brought 
this amendment to the House floor tonight. I should also note that this 
amendment is supported by dozens of groups from across the political 
spectrum, as well as some of America's leading technology companies, 
including Google.
  This amendment answers questions millions of Americans have asked: 
will we stop the government's unconstitutional searches of Americans' 
stored communications? Will we prohibit the government from 
deliberately sabotaging the security of the internet and America's 
technology products? This amendment would do both while still giving 
the government all the authority it needs to collect foreign 
intelligence on real threats.
  The first part of this amendment would prohibit the government from 
conducting warrantless searches of the communications of Americans 
collected under Section 702 of the Foreign Intelligence Surveillance 
Act. One of the predictions I and others made in 2008 when this 
provision became law was that it would be misused for the ``reverse 
targeting'' of Americans' communications while collecting against 
foreigners. As we now know, that is exactly what happened, and those 
communications--billions of phone calls, emails, text messages and the 
like--now sit on National Security Agency servers, available for search 
without a warrant. This amendment would bar the NSA from using any 
funds in this act to conduct any search of stored communications of 
Americans collected under Sec. 702 of FISA, thus protecting the privacy 
and Constitutional rights of all Americans.
  The second part of this amendment would prohibit the government from 
forcing American technology companies to build in ``back doors'' to 
their products that would compromise the encryption and privacy 
safeguards built into them. Early this year, published reports revealed 
that RSA, which provides the SecurelD remote login devices used by 
House Members and staff, had, at NSA's insistence, built in such ``back 
doors'' to some of its other products that compromised the privacy and 
encryption features of the devices in question. This amendment would 
prohibit that practice, thus helping to restore public confidence in 
the security and integrity of American produced high technology 
products.
  This amendment is a first step towards reversing the current 
government paradign of treating our people as suspects first, and 
citizens second. I urge my colleagues to vote yes on this bipartisan 
amendment.
  Mr. CONYERS. Mr. Chair, I want to thank Rep. Jim Sensenbrenner of 
Wisconsin, Rep. Zoe Lofgren of California, and the other sponsors of 
this amendment for their continued leadership on the effort to roll 
back dragnet surveillance of United States citizens.
  Last month, a broad, bipartisan majority passed H.R. 3361, the USA 
FREEDOM Act. That bill rightly ends domestic bulk collection.
  But, as I said then, ending bulk collection is only part of the work 
that must be done to fully reform government surveillance.
  This amendment closes the ``backdoor surveillance'' loophole--through 
which the government queries U.S. person information without a warrant.
  This amendment also prohibits the government from mandating the 
creation of vulnerabilities in commercial products and services for 
later exploitation.
  Together, these changes end two demonstrated threats to our privacy 
and civil liberties--without any measurable loss to our national 
security.
  I urge my colleagues to support this amendment.
  Mr. NADLER. Mr. Chair, I am proud to be a leading co-sponsor of the 
Sensenbrenner/Lofgren/Massie amendment and I urge my colleagues to 
support it.
  The NSA must stop conducting illegal `backdoor searches' into the 
communications of U.S. citizens. Congress must adopt the Sensenbrenner/
Lofgren/Massie amendment and make sure that this loophole is closed in 
the law. For too long, the NSA has misused authority granted under 
section 702 of the FISA Amendments Act, which was meant only to 
authorize spying on foreigners. However, the NSA has misused this 
authority to search emails, pictures, videos, and other internet

[[Page H5547]]

traffic of innocent Americans. This practice is clearly 
unconstitutional and violates the Fourth Amendment, which protects 
against unreasonable search and seizure, and normally requires a court-
issued warrant. Clearly, this is not how Congress intended the law to 
be applied.
  After the passage of the USA Freedom Act, this amendment is the 
logical next step to prevent improper surveillance. I will continue to 
work to improve our nation's privacy laws and to ensure that this 
Administration, and all those that follow it, respect the 
constitutional rights of all Americans.
  As I said at the time, the USA Freedom Act certainly did not give us 
everything we wanted or needed. It was far from perfect, but it was an 
important step forward. We must not leave in place a framework that 
leads to the dragnet surveillance of our citizens.
  During the last several months, I have worked with my colleagues on 
the House Judiciary Committee to pass the USA Freedom Act. While that 
bill contains some significant reforms, such as ending NSA's bulk 
collection of metadata from Americans, more reforms are still needed. 
And this amendment is an important step in the right direction.
  Mr. SENSENBRENNER. Mr. Chair, I rise today to support this amendment 
to the Fiscal Year 2015 Department of Defense Appropriations Act. I 
would like to thank Representatives Lofgren and Massie for their work 
on this issue.
  To my colleagues who supported the USA FREEDOM Act, this amendment 
further defends the constitutional rights we voted to protect. To 
cosponsors who didn't believe the FREEDOM Act went far enough, this 
amendment reclaims an important protection stripped from the original 
bill.
  I believe the amended USA FREEDOM Act is an important step toward 
striking the proper balance between privacy and security, and I look 
forward to seeing it signed into law. But as I said at the time of that 
vote, the FREEDOM Act was a first step--not a final step--in our 
efforts for reform.
  The Foreign Intelligence Surveillance Act prohibits the government 
from targeting U.S. communications. The Administration believes, 
however, that as long as it incidentally or inadvertently collects 
Americans' communications, it can read our emails and listen to our 
phone calls without any judicial process at all.
  The Administration has admitted it violates our rights in this way, 
but it refuses to say how often or to what extent.
  The Obama Administration knows that FISA does not authorize 
collection of wholly domestic communications. It also knows that the 
content of our communications are, by and large, protected by the 
Fourth Amendment. But the Administration nevertheless believes that as 
long as those communications are inadvertently collected, it has the 
right to disregard the law and the Constitution.
  This amendment says that the Fourth Amendment means what it says and 
there should be no shortcuts around it. For those who believe the sky 
will fall and U.S. security will be undermined, it has only been since 
2011 that the Foreign Intelligence Surveillance Court opened the 
backdoor and allowed these illegal searches. This amendment closes that 
door.
  I urge my colleagues to support this amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Kentucky (Mr. Massie).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. LOFGREN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Kentucky 
will be postponed.

[...]

                    Amendment Offered by Mr. Massie

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Kentucky 
(Mr. Massie) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 293, 
noes 123, answered ``present'' 1, not voting 14, as follows:

                             [Roll No. 327]

                               AYES--293

     Amash
     Amodei
     Barton
     Bass
     Becerra
     Bentivolio
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Bridenstine
     Brooks (AL)
     Broun (GA)
     Brown (FL)
     Buchanan
     Bucshon
     Burgess
     Butterfield
     Byrne
     Campbell
     Capito
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Cassidy
     Castor (FL)
     Castro (TX)
     Chabot
     Chaffetz
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Coffman
     Cohen
     Collins (GA)
     Connolly
     Conyers
     Cook
     Courtney
     Cramer
     Crowley
     Cuellar
     Culberson
     Cummings
     Daines
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     DeLauro
     DelBene
     DeSantis
     DesJarlais
     Deutch
     Dingell
     Doggett
     Doyle
     Duffy
     Duncan (SC)
     Duncan (TN)
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farenthold
     Farr
     Fattah
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Fortenberry
     Foster
     Foxx
     Gabbard
     Garamendi
     Garcia
     Gardner
     Garrett
     Gibbs
     Gibson
     Gohmert
     Gosar
     Gowdy
     Graves (GA)
     Grayson
     Green, Al
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grijalva
     Guthrie
     Gutierrez
     Hahn
     Hall
     Hanabusa
     Hanna
     Harper
     Harris
     Hastings (FL)
     Heck (WA)
     Hensarling
     Herrera Beutler
     Higgins
     Holt
     Honda
     Horsford
     Hudson
     Huelskamp
     Huffman
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jackson Lee
     Jeffries
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Keating
     Kelly (IL)
     Kildee
     Kilmer
     Kind
     King (IA)
     Kingston
     Kuster
     Labrador
     LaMalfa
     Lamborn
     Lance
     Larsen (WA)
     Larson (CT)
     Latta
     Lee (CA)
     Lewis
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Luetkemeyer
     Lujan, Ben Ray (NM)
     Lummis
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Marchant
     Massie
     Matsui
     McAllister
     McClintock
     McCollum
     McDermott
     McGovern
     McHenry
     McIntyre
     McKinley
     McMorris Rodgers
     McNerney
     Meadows
     Meeks
     Meng
     Mica
     Michaud
     Miller (MI)
     Miller, George
     Moore
     Moran
     Mullin
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Neugebauer
     Noem
     Nolan
     Nugent
     O'Rourke
     Olson
     Owens
     Palazzo
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pelosi
     Perlmutter
     Perry
     Peters (MI)
     Petri
     Pingree (ME)
     Pocan
     Poe (TX)
     Posey
     Price (GA)
     Price (NC)
     Quigley
     Rahall
     Reed
     Ribble
     Rice (SC)
     Roe (TN)
     Rohrabacher
     Rokita
     Rooney
     Ross
     Rothfus
     Roybal-Allard
     Ruiz
     Runyan
     Ryan (WI)
     Salmon
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanford
     Sarbanes
     Scalise
     Schakowsky
     Schneider
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (VA)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Serrano
     Sessions
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Sires
     Slaughter
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (WA)
     Southerland
     Speier
     Stewart
     Stockman
     Stutzman
     Swalwell (CA)
     Takano
     Terry
     Tierney
     Tipton
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Wagner
     Walorski
     Waters
     Waxman
     Weber (TX)
     Welch
     Wenstrup
     Williams
     Wilson (FL)
     Woodall
     Yarmuth
     Yoder
     Yoho

                               NOES--123

     Aderholt
     Bachmann
     Bachus
     Barber
     Barletta
     Barr
     Barrow (GA)
     Beatty
     Benishek
     Bilirakis
     Boustany
     Brady (TX)
     Brooks (IN)
     Brownley (CA)
     Bustos
     Calvert
     Camp
     Cantor
     Carter
     Coble
     Cole
     Collins (NY)
     Conaway
     Cooper
     Costa
     Cotton
     Crawford
     Crenshaw
     Davis, Rodney
     Delaney
     Denham
     Dent
     Diaz-Balart
     Duckworth
     Ellmers
     Forbes
     Frankel (FL)
     Franks (AZ)
     Frelinghuysen
     Gallego
     Gerlach
     Gingrey (GA)
     Goodlatte
     Granger
     Graves (MO)
     Grimm
     Hartzler
     Hastings (WA)
     Heck (NV)
     Himes
     Hinojosa
     Holding
     Hoyer
     Israel
     Johnson (OH)
     Jolly
     Joyce
     Kelly (PA)
     Kennedy
     King (NY)
     Kinzinger (IL)
     Kline
     Langevin
     Latham
     Levin
     LoBiondo
     Long
     Lucas
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McKeon
     Meehan
     Messer
     Miller (FL)
     Miller, Gary
     Murphy (FL)
     Murphy (PA)
     Nunes
     Pearce
     Peters (CA)
     Peterson
     Pittenger
     Pitts
     Pompeo
     Reichert
     Renacci
     Rigell
     Roby
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Royce
     Ruppersberger
     Schiff
     Sewell (AL)
     Simpson
     Sinema
     Smith (TX)
     Stivers
     Thompson (CA)
     Thompson (PA)
     Thornberry
     Tiberi
     Turner
     Upton
     Valadao
     Visclosky
     Walberg
     Walden
     Wasserman Schultz
     Webster (FL)
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Young (AK)
     Young (IN)

                        ANSWERED ``PRESENT''--1

     Lipinski
       
       

                             NOT VOTING--14

     Fudge
     Kirkpatrick
     Lankford
     Lujan Grisham (NM)
     McCarthy (NY)
     Mulvaney
     Nunnelee
     Polis
     Rangel
     Richmond
     Rush
     Ryan (OH)
     Thompson (MS)
     Walz

                              {time}  2247

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