[Congressional Record (Bound Edition), Volume 157 (2011), Part 14]
[House]
[Pages 19109-19112]
[From the U.S. Government Publishing Office, www.gpo.gov]




      MOTION TO INSTRUCT CONFEREES ON H.R. 1540, NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 2012

  Mr. McKEON. Madam Speaker, by direction of the Committee on Armed 
Services, I ask unanimous consent to take from the Speaker's table the 
bill (H.R. 1540) to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes, with a Senate amendment thereto, disagree to the Senate 
amendment, and agree to the conference requested by the Senate.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. SMITH of Washington. Madam Speaker, I have a motion to instruct 
at the desk.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. Smith of Washington moves that the managers on the part 
     of the House at the conference on the disagreeing votes of 
     the two Houses on the Senate amendment to the bill H.R. 1540 
     be instructed to insist on the amendments contained in 
     subtitle I of title V of the House bill (sections 581 through 
     587 relating to improved sexual assault prevention and 
     response in the Armed Forces).

  The SPEAKER pro tempore. Pursuant to clause 7 of rule XXII, the 
gentleman from Washington (Mr. Smith) and the gentleman from California 
(Mr. McKeon) each will control 30 minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. SMITH of Washington. Madam Speaker, I yield myself such time as I 
may consume.
  This is a very important provision of the House bill dealing with 
better combating sexual assault within the military. Now, this is a 
significant problem that has been documented by many studies and many 
media reports. I want to particularly congratulate members of my 
committee, Ms. Loretta Sanchez, Ms. Tsongas, Ms. Speier, and Mrs. Susan 
Davis, who have taken a leadership role in this to try to implement 
policies to control sexual assault within the military. The provisions 
that we've put together in the House help move us forward towards 
addressing that issue, make sure that it takes on the importance that 
it deserves, and empower the military to make the decisions they need 
to better protect against sexual assault within the military.
  I particularly applaud Ms. Tsongas. This is her motion to stick to 
the

[[Page 19110]]

House provisions in this area. I urge the conference committee to do 
that going forward.
  With that, I reserve the balance of my time.
  Mr. McKEON. I reserve the balance of my time.
  Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the 
gentlewoman from New York (Ms. Slaughter).
  Ms. SLAUGHTER. I thank the gentleman for yielding. And, Madam 
Speaker, good afternoon.
  Sexual assault in the military continues to be a serious problem. It 
impacts thousands of service women and men each year.
  While I'm pleased with the recent improvements made by the Department 
of Defense, there remains much more to be done. It is vital that we do 
all we can to protect the men and women in the military who protect us.
  I am very pleased that both the House and the Senate passed language 
improving the military's response to sexual assault in their respective 
versions of the National Defense Authorization Act.

                              {time}  1250

  Earlier this week, I, along with Representative Turner and 45 
colleagues, sent a letter to the House and Senate Armed Services 
Committees asking them to strongly consider the House-passed provisions 
dealing with military sexual assault.
  The language contained in the House version makes necessary 
improvements to protect our service women and men. Specifically, the 
House-passed language strengthens the rights of sexual assault victims 
by clarifying victim access to legal counsel, and record maintenance 
and confidentiality, which are critically important. It also ensures 
expedited unit or station transfer when a servicemember has been 
victimized.
  Imagine being a victim of rape, which one young soldier told me about 
at a hearing, while serving in the military, and every morning she had 
to salute her rapist. That's what the members of our Armed Forces have 
experienced and will continue to experience if we don't do something to 
change that situation.
  The House-passed language also stresses the need for the NDAA to 
include comprehensive training and education programs for sexual 
assault prevention within the Department of Defense. The Senate version 
does not include this protection, which is part of H.R. 1709, the Force 
Protection and Readiness Act, which I introduced earlier this year.
  I am pleased this motion to instruct conferees on the NDAA recognizes 
the importance of this issue, and I ask the conferees to seriously 
consider including the strongest possible language to prevent and 
appropriately respond to incidents of sexual assault in the military.
  Mr. McKEON. I continue to reserve the balance of my time.
  Mr. SMITH of Washington. Madam Speaker, I yield the balance of my 
time to the gentlewoman from Massachusetts (Ms. Tsongas).
  The SPEAKER pro tempore. Without objection, the gentlewoman from 
Massachusetts will control the balance of the time.
  There was no objection.
  Ms. TSONGAS. Madam Speaker, I yield myself such time as I may 
consume.
  While one in six women will experience sexual assault in her 
lifetime, as many as one in three women leaving military service report 
that they have experienced some form of military sexual trauma.
  By the Pentagon's own estimate, as few as 13.5 percent of sexual 
assaults are reported. Additionally, while 40 percent of sexual assault 
allegations in the civilian world are prosecuted, this number is a 
staggeringly low 8 percent in the military.
  The military has been slow to take the appropriate actions necessary 
to protect victims of sexual assault. For example, rape victims still 
do not yet have the right to a unit or duty location transfer following 
an assault. This means victims of sexual assault are often forced to 
live and work alongside their perpetrator, facing repeated stress and 
trauma due to the constant contact they may have with an assailant who 
is part of their unit.
  As unbelievable as it sounds, this is exactly what happened to Marine 
Lance Corporal Maria Lauterbach, who accused her assailant of rape, and 
then spent the next 8 months exposed to the accused rapist, who later 
murdered her and buried her with the body of her unborn son in his 
backyard.
  Although these events happened in 2007, the Department of Defense has 
not adopted provisions that would allow victims to escape constant 
contact with their assailant. We ask men and women who serve in the 
military to put their lives on the line for our country, and they 
shouldn't fear harm from their fellow servicemembers. We simply must do 
more to protect them.
  In May, this House passed H.R. 1540, which included strong bipartisan 
provisions that would allow victims of sexual assault the right to 
transfer units, the right to counsel, the right to privileged 
communications between a victim and a victim advocate, and the right to 
get records of their sexual assault so they can be eligible for 
veterans' benefits. These provisions came from a bipartisan bill that I 
introduced with Mr. Turner of Ohio.
  Our language stipulates that confidential communications cannot be 
used by the defense attorney against a victim during court proceedings, 
and they remain actually confidential. These provisions will encourage 
more victims to come forward and get the help they need to heal, and 
will encourage more victims to participate in the legal process of 
prosecuting perpetrators of sexual assault, both of which are critical 
to maintaining readiness and unit cohesion in the military.
  These provisions also establish full-time sexual assault response 
coordinators and victim advocates and ensure they are well trained for 
the job and able to properly serve victims of sexual assault. The 2009 
Defense Task Force Report on Sexual Assault in the Military Services 
found that current victim advocates and sexual assault response 
coordinators are unprepared for the duties of the position.
  In the words of a current unit victim advocate, ``I would truly be 
unprepared if a sexual assault were to occur and my services were 
needed. It is my opinion that active duty victim advocates are not 
prepared to deal with sexual assaults and could potentially deter 
individuals from coming forward.''
  Having full-time SARCs and VAs with extensive training and 
certification will ensure that they are truly a valuable resource to 
their unit and to victims who come forward.
  This language also improves the retention of sexual assault records 
and guarantees that victims of sexual assault will have lifetime access 
to these records for a variety of purposes, such as being considered 
for veterans benefits and given priority consideration for counseling 
at Veterans Affairs.
  Currently, survivors of sexual assault have to jump through multiple 
bureaucratic hurdles to prove that their symptoms are connected to an 
incident of sexual assault in the military in order to be prioritized 
for mental health counseling or be eligible for benefits. 
Servicemembers find it difficult to obtain documentation proving their 
sexual assault once they have left the services because many of these 
documents are destroyed at DOD after only a few years. This language 
ensures that the documents are maintained.
  This language also requires DOD to prepare a record of all court 
proceedings in which a charge of sexual assault is adjudicated and 
provide a copy to the victim. Because victims of sexual assaults serve 
as a witness rather than an active participant in trials where their 
case is litigated, they often do not understand the outcome of their 
case. These records are prepared where convictions result, but when 
charges are dismissed, or when a perpetrator is found innocent, the 
victim has no reliable way to understand what happened and why his or 
her case was dismissed.
  Making sure victims understand the outcome of their case is important 
to providing closure for victims and making sure they are an active, 
respected participant in the legal process.

[[Page 19111]]



                              {time}  1300

  It will help to alleviate much of the mistrust that servicemembers 
and victims of sexual assault in the military harbor when it comes to 
how a sexual assault case will be handled if they make a report.
  Similar provisions were included in the Senate's version of the 
defense authorization, but these provisions do not clearly spell out a 
victim's right to counsel and do not provide for a comprehensive 
education and training program.
  Yesterday a bipartisan group of 47 Members, led by Ms. Slaughter and 
Mr. Turner, sent a letter to the chairman and ranking member of both 
the House and Senate Armed Services Committees in support of the 
House's language. This motion simply instructs our conferees to insist 
on the House language, language that will protect our servicewomen.
  I urge my colleagues on both sides of the aisle to support the motion 
to instruct conferees.
  With that, Madam Speaker, I reserve the balance of my time.
  Mr. McKEON. I continue to reserve the balance of my time.
  Ms. TSONGAS. Madam Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from California who has taken such an interest in this very 
grave issue and played an important leadership role, Congresswoman 
Speier.
  Ms. SPEIER. I thank Ms. Tsongas and the ranking member, Mr. Smith, 
for bringing this motion. Thank you, Madam Speaker, for the opportunity 
to say a few words here.
  This is a cancer that is eating up our military. For 25 years, we 
have debated and discussed and reported on it, and yet the numbers are 
staggering. By DOD's own estimates, 19,000 men and women in the 
military each and every year are sexually assaulted or raped. Only 13 
percent actually report these sexual assaults and rapes, and 90 percent 
of them are involuntarily honorably discharged.
  There is a message in the military: Shut up, take an aspirin, go to 
bed, sleep it off. These very modest elements are really very 
important, but if we're really going to deal with this issue, if we're 
truly going to say that you are no longer going to be more likely to be 
a victim of violence in the military by a fellow officer than by the 
enemy, if we're really going to be able to change that construct, then 
we're going to have take the reporting of these crimes away from the 
chain of command and put it in a separate office where we will have 
experts, both military and civilian, that will be able to prosecute 
these cases and actually investigate them.
  Right now there's a huge conflict of interest. I spoke on the floor 
this morning about Petty Officer De Roche who was raped by two officers 
in Thailand when they were on port of call. She was raped twice by each 
of these men. She then went to report it and was told to leave it 
alone. She was then put in a medical hold for 24 hours, for days. And 
then what happened, she was eventually allowed to leave the ship and be 
put in another service setting.
  But do you know what happened to those two assailants, both of whom 
admitted that they had raped her?
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Ms. TSONGAS. I yield the gentlewoman an additional minute.
  Ms. SPEIER. One of them had 6 months of reduction in pay; one of them 
got demoted, one of them did not; but neither of them served any time 
for having admitted that they had raped her. They got what was called 
nonjudicial punishment.
  What a joke that in this country we give a unit commander the 
authority to be judge and jury and then not even have these individuals 
who commit these violent crimes have to pay anything. It doesn't go on 
a record; there is no sexual assault database. That's the way we've 
been running the military, and that must stop.
  Ms. TSONGAS. I yield back the balance of my time.
  Mr. McKEON. Madam Speaker, I yield myself such time as I may consume.
  I just have to respond to the last speaker that we had.
  We have this language in the bill. We have worked with Ms. Tsongas. 
She's done great work with Mr. Turner. We have been out of the majority 
for 4 years. We now have the majority. I'm not going to say that it 
shouldn't have been fixed before; it should have. But we have this in 
the bill. But to attack the military and make them like they are the 
worst people in the world--19,000 is excessive. It is something that 
never should have happened. This will take care of it.
  We just had talk of a revered football coach we found right in their 
organization of a very upstanding university that we all have thought 
great things about, has all kinds of problems with sexual abuse.
  I refuse to have the innuendo or the charge that the military is 
corrupt top to bottom, which is what you basically inferred in what you 
just said.
  We support this. We put it in the bill. We think that it is very 
important to take care of this problem.
  Ms. SPEIER. Will the gentleman yield?
  Mr. McKEON. I'd be happy to yield.
  Ms. SPEIER. I did not say that the military was corrupt. What I did 
say was that the way----
  Mr. McKEON. Reclaiming my time, you did charge them with some very 
serious issues and besmirch the character of the military.
  Ms. SPEIER. Will the gentleman yield?
  Mr. McKEON. I'd be happy to yield.
  Ms. SPEIER. What I would say to the gentleman from California is 
this: that the Congress of the United States has, for almost a quarter 
of a century now, been looking at this issue. We have not done a good 
job----
  Mr. McKEON. Reclaiming my time, as the new chairman of the committee, 
the first bill that we have brought forward, we have it in the bill. We 
are moving to take care of it.
  Ms. SPEIER. Will the gentleman yield?
  Mr. McKEON. No. I think we've probably said enough.
  What I would say at this time is we do support this. The bill was 
overwhelmingly supported out of committee 60-1, 322-96 in the House. 
We're moving strongly on this issue. We will support it through the 
conference and do our best to see that it remains in the bill because 
it is such a very important issue.
  With that, I yield back the balance of my time.
  Ms. TSONGAS. Madam Speaker, I did not mean to yield back my time; so 
I ask unanimous consent to reclaim my time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Massachusetts?
  Mr. McKEON. Reserving the right to object, I understand that I did 
that once myself, yield back my time inadvertently.
  With that, I would be happy to see that my colleague has the balance 
of her time to close, and I withdraw my reservation.
  The SPEAKER pro tempore. Without objection, the gentlewoman from 
Massachusetts is recognized.
  There was no objection.
  Ms. TSONGAS. I thank the chairman.
  It has been my honor and pleasure to work in a bipartisan fashion on 
this legislation that seeks to address the great challenge of military 
sexual trauma. I think that we have incorporated into the House version 
of the bill some very significant reforms that will help to protect 
victims, unfortunate victims of this great affront to young people 
serving in our military; will seek to better protect them as they seek 
to bring to justice the perpetrators; will better train those who are 
put in a place designed and created--these are positions created to 
help victims deal with this tremendous trauma, seek out appropriate 
legal remedies and do it in a way that does not further victimize the 
victim.
  Does that mean there is not always going to be additional work to do? 
Absolutely, always; otherwise, we would all be out of a job if we 
didn't have to simply come back and revisit and revisit and revisit 
these issues.

[[Page 19112]]

  But I want to make it very clear that this has been a great 
bipartisan effort. I'm very thankful for the support we have received. 
The military has made tremendous efforts. But obviously we would not be 
here today discussing this if there were still not a long way to go.
  I appreciate the fact that this has been recognized on both sides of 
the aisle, and I thank you for allowing me to reclaim my time.
  I will now yield 1 minute to the gentlelady from California, 
Congresswoman Speier.
  Ms. SPEIER. I thank the gentlelady from Massachusetts for yielding me 
the time.
  I would just like to say to the gentleman from California and to my 
colleagues on the Armed Services Committee, I am very grateful that 
this language is in the motion to instruct the conferees.
  My only point is that until we create an independent office to handle 
these cases, we continue to place the unit commanders and the base 
commanders in a conflict of interest. What happens when the unit 
commander is, in fact, the assailant? That means that the rape victim 
has to go to her rapist and seek to have help and to report that rape 
to her unit commander.

                              {time}  1310

  What we need to do is create an independent authority that will have 
the expertise, which a unit commander is not going to have, regarding 
sexual assault and rape and have investigators who have, again, the 
expertise to look at these cases so that the unit commanders and the 
base commanders are not flummoxed by the various issues surrounding 
this very, very serious subject.
  Ms. TSONGAS. I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to instruct.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to instruct.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SMITH of Washington. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clauses 8 and 9 of rule XX, this 
15-minute vote on the motion to instruct will be followed by 5-minute 
votes on the motion to permit closed conference meetings on H.R. 1540 
and the motion to instruct on H.R. 2550.
  The vote was taken by electronic device, and there were--ayes 421, 
noes 2, not voting 10, as follows:

                             [Roll No. 892]

                               AYES--421

     Ackerman
     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amodei
     Andrews
     Austria
     Baca
     Bachmann
     Bachus
     Baldwin
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (CA)
     Bass (NH)
     Becerra
     Benishek
     Berg
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Blumenauer
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brooks
     Broun (GA)
     Brown (FL)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cravaack
     Crawford
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     DeLauro
     Denham
     Dent
     DesJarlais
     Deutch
     Dicks
     Dingell
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Edwards
     Ellison
     Ellmers
     Emerson
     Engel
     Eshoo
     Farenthold
     Farr
     Filner
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grijalva
     Grimm
     Guinta
     Guthrie
     Gutierrez
     Hahn
     Hall
     Hanabusa
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Heck
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Himes
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson (OH)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan
     Kaptur
     Keating
     Kelly
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Kucinich
     Labrador
     Lamborn
     Lance
     Landry
     Langevin
     Lankford
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Long
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Marino
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Meeks
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Moore
     Moran
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Napolitano
     Neal
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Olver
     Owens
     Palazzo
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pearce
     Pelosi
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis
     Pompeo
     Posey
     Price (GA)
     Price (NC)
     Quayle
     Quigley
     Rahall
     Rangel
     Reed
     Rehberg
     Reichert
     Renacci
     Reyes
     Ribble
     Richardson
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Rothman (NJ)
     Roybal-Allard
     Royce
     Runyan
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schiff
     Schilling
     Schmidt
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (SC)
     Scott (VA)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Serrano
     Sessions
     Sewell
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Southerland
     Speier
     Stark
     Stearns
     Stivers
     Stutzman
     Sullivan
     Sutton
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiberi
     Tierney
     Tipton
     Tonko
     Towns
     Tsongas
     Turner (NY)
     Turner (OH)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Webster
     Welch
     West
     Westmoreland
     Whitfield
     Wilson (FL)
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Woolsey
     Yarmuth
     Yoder
     Young (AK)
     Young (IN)

                                NOES--2

     Amash
     McClintock
       

                             NOT VOTING--10

     Castor (FL)
     Diaz-Balart
     Fattah
     Giffords
     Hinchey
     Myrick
     Nadler
     Richmond
     Waxman
     Young (FL)

                              {time}  1338

  Messrs. CRENSHAW, CRAWFORD, BRADY of Texas, Mrs. CAPPS, Messrs. 
McCARTHY of California, HUIZENGA of Michigan, Ms. CLARKE of New York, 
Messrs. ENGEL, and KING of Iowa changed their vote from ``no'' to 
``aye.''
  So the motion to instruct was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________