[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.