E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, FRIDAY, JULY 12, 1996 No. 103 House of Representatives

The House met at 9 a.m. and was TON] come forward and lead the House subject to civil or criminal liability arising called to order by the Speaker pro tem- in the Pledge of Allegiance. from the nature, age, packaging, or condi- tion of apparently wholesome food or an ap- pore [Mr. TAYLOR of North Carolina]. Mr. SKELTON led the Pledge of Alle- parently fit grocery product that the non- f giance as follows: profit organization received as a donation in I pledge allegiance to the Flag of the DESIGNATION OF THE SPEAKER good faith from a person or gleaner for ulti- United States of America, and to the Repub- mate distribution to needy individuals.’’; and PRO TEMPORE lic for which it stands, one nation under God, (iv) by striking ‘‘except that this para- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. graph’’ and inserting the following: fore the House the following commu- f ‘‘(3) EXCEPTION.—Paragraphs (1) and (2)’’. (b) TRANSFER TO CHILD NUTRITION ACT OF nication from the Speaker: BILL EMERSON GOOD SAMARITAN 1966.—Section 402 of the National and Com- WASHINGTON, DC, FOOD DONATION ACT munity Service Act of 1990 (42 U.S.C. 12672) July 12, 1996. (as amended by subsection (a))— I hereby designate the Honorable CHARLES Mr. GOODLING. Mr. Speaker, pursu- (1) is transferred from the National and H. TAYLOR to act as Speaker pro tempore on ant to the order of the House of Thurs- Community Service Act of 1990 to the Child this day. day, July 11, 1996, I move to suspend Nutrition Act of 1966; NEWT GINGRICH, the rules and pass the bill (H.R. 2428) to (2) is redesignated as section 22 of the Child Speaker of the House of Representatives. encourage the donation of food and Nutrition Act of 1966; and (3) is added at the end of such Act. f grocery products to nonprofit organiza- The SPEAKER pro tempore. Pursu- tions for distribution to needy individ- PRAYER ant to the rule, the gentleman from uals by giving the Model Good Samari- Pennsylvania [Mr. GOODLING] and the The Chaplain, Rev. James David tan Donation Act the full force and ef- gentleman from Missouri [Mr. CLAY] Ford, D.D., offered the following pray- fect of law, as amended. er: each will control 20 minutes. The Clerk read as follows: The Chair recognizes the gentleman O gracious God, from whom has come H.R. 2428 all the gifts that make us whole and from Pennsylvania [Mr. GOODLING]. Be it enacted by the Senate and House of Rep- (Mr. GOODLING asked and was given make us human, we pray that Your resentatives of the United States of America in permission to revise and extend his re- Spirit will so live in our spirits that Congress assembled, marks.) our thoughts and vision, our words and SECTION 1. CONVERSION TO PERMANENT LAW Mr. GOODLING. Mr. Speaker, I yield deeds will be strengthened and made OF MODEL GOOD SAMARITAN FOOD myself such time as I may consume. right by Your blessings to us. For all DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT Mr. Speaker, today we are consider- Your good gifts that come to us and OF 1966. ing legislation which will have the ef- grace our lives with cleansing and new (a) CONVERSION TO PERMANENT LAW.—Title fect of increasing the donation of food life, that point us on the way and ac- IV of the National and Community Service products to needy individuals and their company us along the path, for these Act of 1990 is amended— families and paying tribute to one of gifts and all the wonders of Your Spir- (1) by striking sections 401 and 403 (42 the finest Members of this body, with it, we offer this prayer of thanksgiving U.S.C. 12671 and 12673); and whom I have had the privilege to serve, and praise. Amen. (2) in section 402 (42 U.S.C. 12672)— (A) in the section heading, by striking Bill Emerson. f ‘‘MODEL’’ and inserting ‘‘BILL EMERSON’’; Many times individuals and corpora- tions are interested in donating food to THE JOURNAL (B) in subsection (a), by striking ‘‘Good Sa- maritan’’ and inserting ‘‘Bill Emerson Good feed the needy. However, the fear of li- The SPEAKER pro tempore. The Samaritan’’; and ability prevents them from doing so. Chair has examined the Journal of the (C) in subsection (c)— According to the executive director of last day’s proceedings and announces (i) by striking ‘‘A person or gleaner’’ and the South Central Pennsylvania Food to the House his approval thereof. inserting the following: Bank, ‘‘We need to mitigate the risk Pursuant to clause 1, rule I, the Jour- ‘‘(1) LIABILITY OF PERSON OR GLEANER.—A and liability so this nutritious food can nal stands approved. person or gleaner’’; go to those in great need.’’ (ii) by striking ‘‘needy individuals,’’ and f inserting ‘‘needy individuals.’’; H.R. 2428, the Bill Emerson Good Sa- maritan Food Donation Act, would en- PLEDGE OF ALLEGIANCE (iii) by inserting after ‘‘needy individuals.’’ (as added by clause (ii)) the following: courage the donation of food products The SPEAKER pro tempore. Will the ‘‘(2) LIABILITY OF NONPROFIT ORGANIZA- by freeing those who, in good faith, do- gentleman from Missouri [Mr. SKEL- TION.—A nonprofit organization shall not be nate such products from the threat of

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H7477 H7478 CONGRESSIONAL RECORD — HOUSE July 12, 1996 civil and criminal liability should such the food it produces each year. Bill with it a great responsibility, a respon- products cause harm to the recipients Emerson considered it his mission to sibility to produce, provide, and share. of their generosity. It does not, how- search for ways to combat hunger, and Bill embraced that challenge in the ever, in any way free such individuals so he enthusiastically became a co- way he did so much else in life—with from liability in cases of gross neg- sponsor of the Good Samaritan Food an unrelenting desire to help others. ligence or intentional harm. Donation Act introduced by my col- Bill Emerson was an important voice Mr. Speaker, I am a strong supporter league from Missouri, Congresswoman for countless noble causes in Congress of our Federal nutrition programs and PAT DANNER. We all owe a great deal of and this body is immeasurably better believe they go a long way toward pro- gratitude to Representative DANNER today because of his service. viding the nutritional needs to low-in- for her vision and compassion in devel- As his funeral procession moved from come families. This legislation encour- oping this legislation. Cape Girardeau to Hillsboro, a most ages communities to get involved in ef- By establishing national liability heartfelt scene unfolded as men, forts to feed the hungry and improves standards, this bill will encourage and women, and children, with American our ability to ensure that citizens of enable restaurants, grocers, and other flags held high, lined the road—in this country do not go to bed hungry. donors to feed the hungry. In urging honor of Bill’s service to them—and to Since this bill is all about bringing support for this bill, Congressman Em- our Nation. people together to promote the greater erson stated: And it is a most impressive record of good for their communities, it is only service, indeed. Private companies are too often faced with Bill had moved through the ranks— fitting that we name it in honor of Bill different State laws governing food dona- Emerson. This is exactly what the ca- tions. These differences can stand between a from congressional page at the age of reer of our late beloved colleague Bill willing donor and a needy family. 15 to chief of staff for Congressman Bob Ellsworth of Kansas and later Senator Emerson was all about. That is why we Bill Emerson’s efforts to fight hunger Bob Mathias of Maryland. In 1980, Bill have named this legislation the Bill throughout his career in Congress was elected to Congress from Missou- Emerson Good Samaritan Food Dona- make passage of this bill a fitting trib- ri’s 8th District, where he soon became tion Act as a tribute to this fine man ute to his legacy. one of the most influential Members of and his commitment to improving our Mr. Speaker, I yield 8 minutes to the Congress. Nation’s nutrition programs. gentlewoman from the State of Mis- But as Bill gained new, more signifi- Bill Emerson was a true patriot and souri, Ms. PAT DANNER. cant responsibilities he always re- great Member of Congress. He was a Ms. DANNER. Mr. Speaker, often, we mained, first and foremost, true to Member of the highest character, who hear about the importance of timeli- himself. He was universally regarded as devoted himself to the cause of reduc- ness of legislation. a man of the people who never strayed ing hunger and to making this country As we discuss today’s bill, the Bill from public-minded service to our and this House a better place. I know I Emerson Good Samaritan Food Dona- tion Act, I will be constantly mindful country. speak for all of the members of this Three of the most important inter- of the article that appeared only yes- committee in expressing our sadness ests in Bill Emerson’s life were—fam- terday in the Kansas City Star—my over his loss and express our heartfelt ily, religion, and feeding the hungry. sympathy to his family. hometown newspaper. The Star carried He was a devoted family man, the While we are renaming this bill for the article that I have had partially re- leader of a prayer breakfast group, and Bill Emerson, I would like to point out produced and which is behind me. a giant on the Agriculture Committee that the gentlewoman from Missouri, For the first time ever, Project Hun- when it came to hunger issues, whether Ms. PAT DANNER, the key sponsor of ger, the annual summer food drive, ran at home or abroad. H.R. 2428, deserves an enormous out of supplies while people still waited In fact, he served as chair of the Se- amount of credit for introducing this in line to secure food. This year, the lect Committee on Hunger, and in that legislation and championing this cause. contributions were only one-third of capacity he traveled worldwide in his Despite all the time and effort she has the amount collected last year. effort to fight hunger and improve nu- personally invested in this effort, she Mr. Speaker, this is but a single trition. has graciously given her support for chapter in a much larger story. The I know that all here will agree with our effort to rename this bill to recog- U.S. Conference of Mayors has reported me that there is no more fitting trib- nize Bill Emerson. that 18 percent of all requests for food ute to Bill’s memory than the passage In summary, I urge my colleagues to assistance went unmet last year in the of this legislation that will provide, by support this important piece of legisla- Nation’s cities. some estimates, 50 million additional tion, which will go a long way toward And the Federal Government has es- pounds of food annually to the hungry. ensuring that our Nation’s low-income timated that some 14 billion pounds of Today, as the House of Representa- families will receive the nutrition they food are discarded by businesses each tives considers the Bill Emerson Good require to lead healthy, productive year. Samaritan Food Donation Act, we are, lives. These incredible figures were trou- in effect, saying: ‘‘Bill, your voice will Mr. Speaker, I reserve the balance of bling for Bill Emerson, they are trou- not be forgotten, the course you my time. bling for me—and I’m confident that charted will be followed and your leg- Mr. CLAY. Mr. Speaker, I yield my- other Members of the House will agree acy will endure.’’ self such time as I may consume. that we must act now to address this I might also mention that although Mr. Speaker, I rise to support H.R. issue. this legislation is first and foremost a 2428, the Bill Emerson Good Samaritan Mr. Speaker, the Biblical passage fitting testament to a wonderful man, Food Donation Act. The purpose of this from Leviticus reminds us that: ‘‘When it is also a testament to another man bill is to encourage the donation of you reap the harvest of your land, do who has made feeding the hungry his wholesome, surplus food to nonprofit not reap the corners of your field, and No. 1 priority. organizations, who in turn, distribute do not glean the fallen ears of your May I, briefly, tell the story of how the food to our Nation’s poor and hun- crop * * * you must leave them for the Good Samaritan bill evolved from a gry. the poor and the stranger.’’ local concern in St. Joseph, MO, to leg- Last year the Food Research and Ac- Bill Emerson, as a student of the islation in the U.S. Congress. tion Center [FRAC] reported that 13.6 Scriptures and a tireless advocate in As an aside, I think if we had more million children in America below the the war against hunger, brought both such stories, it would restore the age of 12 go hungry each month. Simi- life and meaning to that verse. American people’s faith that their con- larly, the Administration on Aging es- Bill heard those words in Leviticus cerns really can make a difference. timates that hunger plagues hundreds and at the same time he heard the Last summer, Herald Martin—an ac- of thousands of our elderly each year. voices of the hungry—not only in our tive community volunteer who for 20 My late colleague, Bill Emerson, was Nation—but around the world. years has gleaned food for the Patee alarmed by the prevalence of hunger in He knew that the rich gift of fertile Park Baptist Church Pantry and others a nation that throws away 20 percent of soil in his beloved Missouri carried in St. Joseph—contacted me. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7479 Mr. Martin had worked tirelessly—at Mr. GOODLING. Mr. Speaker, I yield introduced with his colleague. The his own expense, I might add—to pick such time as he may consume to the Food Donation Act, as all of us know up and distribute leftover food. gentleman from Wisconsin [Mr. GUN- and as we have heard, is intended to He was understandably frustrated be- DERSON], a member of the committee. encourage the donation of food from cause a major national corporation in (Mr. GUNDERSON asked and was grocery stores, catering companies, or St. Joseph, which had made food dona- given permission to revise and extend food distributors to whatever food pan- tions in the past, had changed its pol- his remarks.) tries, soup kitchens, or other food serv- icy and decided to dispose of its day-old Mr. GUNDERSON. Mr. Speaker, I ice community organizations that bread and other foods rather than do- rise in strong support of the Bill Emer- might be there. nate them. son Good Samaritan Food Donation b 1020 The corporation had explained to Mr. Act. I want to commend our chairman, Martin, and others, that there were the gentleman from Pennsylvania [Mr. Bill, because of his health, was un- just too many different State laws gov- GOODLING], and I want to commend our able to testify at that hearing we held erning food donations. ranking member, the gentleman from on this legislation. That did not stop After speaking with Mr. Martin and Missouri [Mr. CLAY], and I certainly him from submitting testimony to the doing some research, I learned that the want to commend our colleague and committee. current patchwork of State laws has Bill’s colleague, the gentlewoman from And so today, even in his death, the been cited by many potential donors as Missouri [Ms. DANNER], for the leader- life and the legacy of Bill Emerson the principal reason so much food is ship all three of them have shown in lives on as we pass this important piece thrown away rather than given to food bringing this bill before us today. of legislation. I commend it to all of banks and food pantries for distribu- This bill epitomizes the life and the my colleagues. I thank my colleagues tion to the hungry. service and the philosophy of Bill Em- here for their leadership, and I thank Quite literally, Mr. Martin proved erson. This bill encourages charity Bill Emerson for giving all of us a that a single voice that is heard can with a touch of common sense. We too touch of sensitivity of the heart to make a difference for the millions of often in this House divide ourselves those in America and around the world voices that are not heard. into deep political and ideological con- who are hungry. It is, as a result of that research, flicts. On some things there cannot or Mr. GOODLING. Mr. Speaker, I yield that I decided to introduce the Good at least there ought to be any partisan such time as he may consume to the Samaritan Food Donation Act. gentleman from California [Mr. Recognizing Bill Emerson’s long- debate. The facts of poverty are one of MCKEON], the subcommittee chairman. standing support of issues relating to those. Some 38 million Americans lived in Mr. MCKEON. Mr. Speaker, I rise in the hungry I sought and received his poverty in 1995. Half of those are chil- support of H.R. 2428, the Bill Emerson enthusiastic support for the legisla- dren or senior citizens. One out of Good Samaritan Food Donation Act. tion. This is an important piece of legisla- It was Bill’s tireless effort in talking every four children in American soci- tion and so appropriately named for to members of the leadership, commit- ety today lives in poverty. The United States ranks 24th among all nations in our dear friend, Bill Emerson. tee and subcommittee chairmen, and H.R. 2428 is designed to encourage the other members of the Republican Party infant mortality. Bill Emerson was a conservative, but donation of food and grocery products that made this legislation a reality. Bill Emerson did not believe that con- to nonprofit organizations engaged in Once again, as so often in the past, Bill servatives ought to be insensitive to distribution of such items to the needy. Emerson would be responsible for see- the pain, the reality, and the needs of The bill will relieve concerns over li- ing that additional food would be made the less fortunate among us. As a re- ability that currently exist and that available to the hungry. deter companies and individuals from What started with but a single voice sult, Bill Emerson has had a history donating as freely as they would like. almost a year ago has now grown into during his 16-year service in the U.S. Bill Emerson had a keen interest in a chorus of support for the legisla- Congress of pushing programs to deal nutrition programs and spent a consid- tion—from organizations such as Sec- with hunger and to deal with poverty. erable amount of time focusing and ond Harvest, Foodchain, and Forgotten Whether it be the oceanic shores of Af- working to improve nutrition programs Harvest. rica or it be the river of Cape Simply put, we need a reasonable na- Girardeau, Bill Emerson pursued the during his congressional career. The tionwide law that eliminates confusion fight to end hunger wherever he saw it. Bill Emerson Good Samaritan Food and forges a stronger alliance between Many of us will know him as one of Donation Act compliments the existing the public and private sectors in this the ardent warriors on behalf of com- programs nicely by encouraging com- Nation. That is exactly what this bill modity donation programs. As he sat munity involvement in the effort to delivers. next to me on the House Committee on feed those in need. The Bill Emerson Good Samaritan Agriculture, he would often lean over Again, this bill is a fitting tribute to Food Donation Act will establish a uni- to his left, because that is the side I sat Bill Emerson who is already greatly form national law to protect organiza- on, and say, ‘‘GUNDERSON, can’t you get missed by this body. Enactment of this tions and individuals when they donate the Education and Labor Committee to legislation will ensure that his work food in good faith. just agree with us Agies on this com- will continue to be recognized, espe- A business should not have to hire a modity issue?’’ cially by those involved in efforts to legal team to interpret numerous State And of course when it came time to feed the needy, for many, many years laws so that it feels comfortable in reauthorize the Emergency Food As- to come. contributing food to the hungry. sistance Program, Bill Emerson was Mr. Speaker, I urge support for H.R. In the final analysis, perhaps the ul- the leader in seeing that it was there. 2428, the Bill Emerson Good Samaritan timate tragedy of hunger is that it is When it came time to deal with food Act. preventable. There is simply no excuse stamps, and many of us remember in Mr. CLAY. Mr. Speaker, I have no for any man, woman, or child in our the debate last year on welfare reform further requests for time, and I yield country to suffer the pangs of hunger. and on the budget reconciliation when back the balance of my time. Toward that end, this legislation will we talked about sending everything Mr. GOODLING. Mr. Speaker, again, bring some long overdue common sense back home, Bill Emerson said, ‘‘I am I commend the gracious gentlewoman into the system of laws governing food for sending it home, but there are cer- from Missouri [Mr. DANNER] not only donations. tain places where there has to be a na- for offering this legislation, but also I think we all agree, we can provide tional safety net.’’ Because of Bill Em- for honoring Bill Emerson and for her a better tribute to our dear, departed erson, there is no partisan debate any- very moving message this morning, not friend and colleague, Bill Emerson more about sending food stamps back only in memory of Bill, but I think a than to pass, in his memory, the Bill home. very moving message for the American Emerson Good Samaritan Food Dona- Now, one of Bill Emerson’s last fights people. I ask all to support the legisla- tion Act. is the legislation in front of us that he tion. H7480 CONGRESSIONAL RECORD — HOUSE July 12, 1996 Mr. CONYERS. Mr. Speaker, I have a num- rules and pass the bill, H.R. 2428, as HUTCHISON, Mr. INHOFE, Mr. SANTORUM, ber of serious reservations concerning H.R. amended. Mrs. FRAHM, Mr. NUNN, Mr. EXON, Mr. 2428. Although I am supportive of the impetus The question was taken; and (two- LEVIN, Mr. KENNEDY, Mr. BINGAMAN, behind the legislationÐencouraging private thirds having voted in favor thereof) Mr. GLENN, Mr. BYRD, Mr. ROBB, Mr. entities to donate food to nonprofit organiza- the rules were suspended and the bill, LIEBERMAN, and Mr. BRYAN, to be the tions who distribute food to the needyÐI ques- as amended, was passed. conferees on the part of the Senate. tion whether preempting traditional State law A motion to reconsider was laid on The message also announced that the prerogatives in this area is desirable. the table. Senate disagrees to the amendment of For more than 200 years tort law has been f the House to the bill (S. 1004) ‘‘An Act considered to be a State law prerogative. The to authorize appropriations for the States are in the best position to weigh com- GENERAL LEAVE United States Coast Guard, and for peting considerations and adopt negligence Mr. GOODLING. Mr. Speaker, I ask other purposes,’’ agrees to a conference laws which best protect their citizens from unanimous consent that all Members asked by the House on the disagreeing harm. The area of food donations is a good il- may have 5 legislative days within votes of the two Houses thereon, and lustration of this dynamic. According to the which to revise and extend their re- appoints from the Committee on Com- Congressional Research Service's American marks on H.R. 2428, the Bill Emerson merce, Science, and Transportation: Law Division, all 50 States have enacted spe- Good Samaritan Food Donation Act. Mr. PRESSLER, Mr. STEVENS, Mr. GOR- cial statutory rights concerning food donations. The SPEAKER pro tempore. Is there TON, Mr. LOTT, Mrs. HUTCHISON, Ms. Not surprisingly, the States have crafted a va- objection to the request of the gen- SNOWE, Mr. ASHCROFT, Mr. ABRAHAM, riety of liability rulesÐranging from those who tleman from Pennsylvania? Mr. HOLLINGS, Mr. INOUYE, Mr. FORD, subject all negligent parties to liability, to those There was no objection. Mr. KERRY, Mr. BREAUX, Mr. DORGAN, who limit liability only to grossly negligent or f and Mr. WYDEN; and from the Commit- intentional acts. tee on Environment and Public Works Unfortunately, with adoption of this bill, the RECESS for consideration of Oil Pollution Act House will be seeking to impose a one-size- The SPEAKER pro tempore. Pursu- issues: Mr. CHAFEE, Mr. WARNER, Mr. fists-all legal standard for food donors based SMITH, Mr. FAIRCLOTH, Mr. INHOFE, Mr. on the Model Good Samaritan Food Donation ant to clause 12 of rule I, the House stands in recess, subject to the call of BAUCUS, Mr. LAUTENBERG, Mr. Act, 42 U.S.C. Secs. 12671±12673, despite LIEBERMAN, and Mrs. BOXER, to be the the fact that since its enaction in 1990, only the Chair. Accordingly (at 9 o’clock and 25 min- conferees on the part of the Senate. one State has adopted the Model Act's lan- The message also announced that the guage. This is exactly the type of reckless fed- utes a.m.), the House stood in recess, subject to the call of the Chair. Senate had passed bills of the following eralism so many in Congress purport to op- titles, in which the concurrence of the pose. Worse yet, in federalizing this standard, f House is requested: Congress will be selecting the most lenient AFTER RECESS S. 640. An act to provide for the conserva- possible standard of negligence. In particular, tion and development of water and related I would note that the term ``gross negligence'' The recess having expired, the House resources, to authorize the Secretary of the is so narrowly defined that it may not include was called to order by the Speaker pro Army to construct various projects for im- a failure to act which one should have known tempore (Mr. TAYLOR of North Caro- provements to rivers and harbors of the would be harmful. I believe a standard so lina) at 11 o’clock and 12 minutes p.m. United States, and for other purposes; loosely drawn constitutes an open invitation to f S. 1745. An act to authorize appropriations harm to our poorest citizens. for fiscal year 1997 for military activities of I would also note that Congress is acting on MESSAGE FROM THE SENATE the Department of Defense, for military con- struction and for defense activities of the this measure at a time when there has been A message from the Senate by Mr. Department of Energy, to prescribe person- no demonstrated legal problem. There is no LUNDREGAN, one of its clerks, an- nel strengths for such fiscal year for the outbreak in frivolous litigation. The proponents nounced that the Senate had passed Armed Forces, and for other purposes; arguments for a uniform Federal standard are without amendment a bill of the House S. 1762. An act to authorize appropriations more based on anecdote than fact. of the following title: for fiscal year 1997 for military activities of the Department of Defense, to prescribe per- I am also concerned that to date the legisla- H.R. 2337. An act to amend the Internal sonnel strengths for such fiscal year for the tive process has completely bypassed the Ju- Revenue Code of 1986 to provide for increased Armed Forces, and for other purposes; diciary Committee, which traditionally has had taxpayer protections. S. 1763. An act to authorize appropriations primary jurisdiction for any tort law matters. The message also announced that the for fiscal year 1997 for defense activities of We should not be in such a rush to pass legis- Senate had passed with amendments in the Department of Energy, and for other pur- lation that we fail to consider the opinions of which the concurrence of the House is poses; and those Members with relevant expertise. requested, a bill of the House of the fol- S. 1764. An act to authorize appropriations It is because of concerns such as these that lowing title: for fiscal year 1997 for military construction the conference committee on H.R. 2854, the and for other purposes. H.R. 3230. An act to authorize appropria- Federal Agriculture Improvement and Reform tions for fiscal year 1997 for military activi- f Act of 1996, determined to reject adopting leg- ties of the Department of Defense, for mili- DEFENSE OF MARRIAGE ACT islation similar to that before us today. The tary construction, and for defense activities managers' statement to that legislation wrote: of the Department of Energy, to prescribe The SPEAKER pro tempore. Pursu- [t]he Managers declined to adopt a provi- personnel strengths for such fiscal year for ant to House Resolution 474 and rule sion that would convert the Model Good Sa- the Armed Forces, and for other purposes. XXIII, the Chair declares the House in maritan Food Donation Act (Pub. L. 101–610) The message also announced that the the Committee of the Whole House on to federal law. . . . While the Managers com- Senate insists upon its amendments to the State of the Union for the further mend the philanthropic intent of such legis- lation, the Managers understand possible im- the bill (H.R. 3230) ‘‘An Act to author- consideration of the bill, H.R. 3396. ize appropriations for fiscal year 1997 plications of preempting state laws and ac- b 1113 knowledge jurisdictional complications. See for military activities of the Depart- House Report 104–94 at 405. ment of Defense, for military construc- IN THE COMMITTEE OF THE WHOLE It is my hope that as the process moves for- tion, and for defense activities of the Accordingly the House resolved itself ward these and other problems can be ad- Department of Energy, to prescribe into the Committee of the Whole House dressed. personnel strengths for such fiscal year on the State of the Union for the fur- Mr. GOODLING. Mr. Speaker, I yield for the Armed Forces, and for other ther consideration of the bill (H.R. back the balance of my time. purposes,’’ requests a conference with 3396) to define and protect the institu- The SPEAKER pro tempore (Mr. the House on the disagreeing votes of tion of marriage, with Mr. GILLMOR in TAYLOR of North Carolina). The ques- the two Houses thereon, and appoints the chair. tion is on the motion offered by the Mr. THURMOND, Mr. WARNER, Mr. The Clerk read the title of the bill. gentleman from Pennsylvania [Mr. COHEN, Mr. MCCAIN, Mr. COATS, Mr. The CHAIRMAN. When the Commit- GOODLING] that the House suspend the SMITH, Mr. KEMPTHORNE, Mrs. tee of the Whole rose on the legislative July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7481 day of Thursday, July 11, 1996, all time Amendment No. 1 offered by Mr. FRANK of and instead require that they recognize each for general debate had expired. Massachusetts: Strike section 3 (page 3, line other's laws particularly as they set up con- Pursuant to the rule, the bill is con- 9 and all that follows through the matter fol- tractual obligations and to act as a nation. sidered read for amendment under the lowing line 24). If the State of Hawaii Supreme Court de- 5-minute rule. The CHAIRMAN. Pursuant to House crees that same sex marriages must be reg- The text of H.R. 3396 is as follows: Resolution 474, the gentleman from istered in the State, then, notwithstanding my H.R. 3396 Massachusetts [Mr. FRANK] and the contrary view, I shall defend it as the law. gentleman from Florida [Mr. CANADY] Be it enacted by the Senate and House of I would have preferred the enactment of a 1 Representatives of the United States of each shall control 37 ⁄2 minutes. domestic partner law. It would have provided America in Congress assembled, The Chair recognizes the gentleman all the protections that gays and lesbians have SECTION 1. SHORT TITLE. from Massachusetts [Mr. FRANK]. been seeking over the years. Failure of the This Act may be cited as the ‘‘Defense of Mr. FRANK of Massachusetts. Mr. State to assure gays and lesbians all the pro- Marriage Act’’. Chairman, I yield 31⁄2 minutes to the tections under the law require that we pass a SEC. 2. POWERS RESERVED TO THE STATES. gentlewoman from Hawaii [Mrs. MINK] domestic partner law. Unfortunately the State (a) IN GENERAL.—Chapter 115 of title 28, because this amendment deals with the of Hawaii Legislature chose not to pass a do- United States Code, is amended by adding section of the bill which would have a mestic partner law and in doing so left this after section 1738B the following: particularly negative impact on the matter for the courts to decide. ‘‘§ 1738C. Certain acts, records, and proceed- State of Hawaii. Under this bill, H.R. 3396, same sex mar- ings and the effect thereof Mrs. MINK of Hawaii. Mr. Chairman, riages, if and when allowed in Hawaii, will be ‘‘No State, territory, or possession of the I thank the gentleman for yielding. denied equal protection of the laws insofar as United States, or Indian tribe, shall be re- Mr. Chairman, I rise to state that I believe the Federal Government is concerned. Even quired to give effect to any public act, that the word marriage should be reserved to though it is a valid marriage in Hawaii as de- record, or judicial proceeding of any other man and woman. But I rise to state my un- cided by the Hawaii Supreme Court, these State, territory, possession, or tribe respect- equivocal opposition to H.R. 3396. It goes far ing a relationship between persons of the couples will not be allowed to be considered same sex that is treated as a marriage under beyond the defense of the institution of mar- as ``spouses'' when deciding such things as the laws of such other State, territory, pos- riage. It attacks the U.S. Constitution by allow- Federal retirement benefits, health benefits session, or tribe, or a right or claim arising ing States to ignore the ``full faith and credit'' under Federal programs, Federal housing ben- from such relationship.’’. clause. If same sex marriages are to be ex- efits, burial rights, privilege against testifying (b) CLERICAL AMENDMENT.—The table of cluded from this protection it must be done by against partner in Federal trials, visitation sections at the beginning of chapter 115 of a constitutional amendment. It cannot be done rights at hospitals by partners, rights to family title 28, United States Code, is amended by by statute. and medical leave to care for a partner, and inserting after the item relating to section First, I would like to point out that marriage 1738B the following new item: many more programs which allow special is not only a religious ceremony. A marriage is rights to spouses. This exclusion would be ex- ‘‘1748C. Certain acts, records, and proceed- also a ceremony presided over by a judge or ings and the effect thereof.’’. tremely destructive of the principle of States a justice of the peace. After the marriage cere- SEC. 3. DEFINITION OF MARRIAGE. rights in determining status. (a) IN GENERAL.—Chapter 1 of title 1, Unit- mony in a church the minister has the married Mr. Chairman, it is my regret that ed States Code, is amended by adding at the couple sign a marriage certificate in order to this issue has had to be raised before end the following: have it registered in the State Bureau of Reg- this body. It seems to me quite appar- ‘‘§ 7. Definition of ‘marriage’ and ‘spouse’ istrations. A marriage therefor is a State rec- ent that our court system is going to ‘‘In determining the meaning of any Act of ognized decree. A duly valid marriage in any yield a decision which will validate Congress, or of any ruling, regulation, or in- State is a marriage that is duly recognized in same-sex marriages. It may take sev- terpretation of the various administrative every other State. And despite the minister's eral years. It may require several more bureaus and agencies of the United States, statement during the wedding that this union is legislative sessions in orders to define the word ‘marriage’ means only a legal union ``until death do us part,'' marriages are broken this issue. But the court, in its pre- between one man and one woman as husband by the court, not by a church ceremony. Mar- vious decisions, said to the Attorney and wife, and the word ‘spouse’ refers only to riage is an instrument of the State. It may be General of my State unless there is a a person of the opposite sex who is a husband or a wife.’’. ordained by the church, but it is a decree of compelling State interest to rule oth- (b) CLERICAL AMENDMENT.—The table of the State, and it is dissolved by the State. erwise, this is what they intended to sections at the beginning of chapter 1 of title If in Hawaii the Hawaii Supreme Court de- do. 1, United States Code, is amended by insert- crees that the State of Hawaii Constitution re- Now, this is not a debate about reli- ing after the item relating to section 6 the quires that gays and lesbians be allowed to gion. It is a debate about a State proc- following new item: have a marriage recorded as a State decree, ess which has been in place in all of the ‘‘7. Definition of ‘marriage’ and ‘spouse’.’’. because to do otherwise constitutes discrimi- 50 States, granting to the States the The CHAIRMAN. No amendments nation, then same sex marriage will be the law right to issue licenses. It is not a mat- shall be in order except those specified of the State of Hawaii. ter of invasion of the prerogatives of in House Report 140–666, which shall be Under the U.S. Constitution, laws of one religion or the churches because long considered in the order specified, may State must be given ``full faith and credit'' by ago judges and justices of the peace be offered only by a Member designated every other State. Congress should not be en- were granted the power to also ordain in the report, shall be considered read, acting any bill to declare otherwise. If a State a marriage. shall be debatable for the time speci- decides not to honor the Hawaii Supreme What happens after the marriage fied, equally divided and controlled by Court decision it must justify its decision be- ceremony is that all parties must sign the proponent and an opponent, shall fore a court of law. This congressional bill can a marriage certificate application not be subject to amendment, and shall not answer questions as to whether this re- which is then certified by the State. So not be subject to a demand for division fusal by one State violates the ``full faith and it has become a matter which is im- of the question. credit'' of the U.S. Constitution. Congress can plicitly and explicitly a matter of in- It is now in order to consider amend- not pass a generic law to declare that every terpretation under our Constitution, ment No. 1 printed in House Report State may chose to ignore a duly decreed and our Constitution accords the rights 104–666. State court ordered decision. of civil rights to all parties. Under that We all know that Congress cannot amend interpretation, our State undoubtedly b 1115 the U.S. Constitution. It is a sham to pass a in several years will find itself having AMENDMENT OFFERED BY MR. FRANK OF bill that purports to amend the Constitution. to issue a ruling which authenticates MASSACHUSETTS When we took our oath of office here in the same-sex marriages. Mr. FRANK of Massachusetts. Mr. well of the House, we swore to defend the What is an affront by this legislation Chairman, I offer an amendment. Constitution from all enemies. is an effort to try to clarify and declare The CHAIRMAN. The Clerk will des- The full faith and credit clause of the U.S. by edict what the other 49 States shall ignate the amendment. Constitution was written by the framers of the or shall not do under the full faith and The text of the amendment is as fol- Constitution explicitly to prevent the 50 States credit clues. I believe that that is an lows: from acting as ``independent sovereign States'' invasion of the Constitution, if not an H7482 CONGRESSIONAL RECORD — HOUSE July 12, 1996 outright effort to amend the constitu- Federal purposes is taking something referendum or whether they do it by tional guarantees of full faith and cred- away from somebody. legislation, the Federal Government it, which was an effort by our Founding Yet here we have it. The red herrings will say to the State: Wrong, you can- Fathers to do away with this idea of 50 are flying. Yet we must be resolute. not do that as far as we are concerned. sovereign States and try to develop a This is an issue of fundamental impor- We, the Federal Government, will dis- concept of a Nation. tance to this country, to our families, allow that. While you can make a deci- Mr. Chairman, what we are doing to our children, and I would strongly sion for your State’s processes to allow today is to nullify that full faith and urge all of our colleagues to reject this same-sex marriage, we, the Federal credit clause to allow the State in its killer amendment which guts a very Government, will substantially over- own deliberations how it is to deal with important piece of legislation. rule that because we will say that is this issue once it is determined by my We all must stand up and say we sup- not a marriage as far as Federal law is State. port this. Enough is enough. We must concerned. But the further gravity of this situa- maintain a moral foundation, an ethi- As people understand, given today’s tion is that this body, is being asked, cal foundation for our families and ul- rule, Federal law has a lot to do with beyond that, this body is being asked timately for the United States of their lives, so as far as Federal income to take away rights that are accorded America. tax is concerned and Social Security every other citizen by Federal law in Mr. FRANK of Massachusetts. Mr. and pensions and other things, they determining retirement benefits, Chairman, I yield myself such time as will not be covered. health benefits, the rights to burial in I may consume. Now, let me talk a little bit person- a Federal cemetery, the rights to privi- Mr. Chairman, first a word on this ally. We have had some personal talks. lege in a Federal trial which is ac- amendment. What this amendment I would feel uncomfortable if I thought corded married couples not to have to aims at is the anti-States’ rights por- I was up here advocating something provide testimony against each other. tion of this bill. This bill has been that I thought would be directly bene- It is defining in a way contrary to the grossly misadvertised in several ways. fitting me. citizens of my State rights that will be One, it says that it is a defense of mar- I should say that Herb Moses, the accorded to every other citizen in this riage, and I will return to that. But it man I live with, already has my pen- country. It is a deprivation of the con- is a defense against a nonattack. sion rights. He has exactly the same cept of equal protection. Nothing in what Hawaii is about to pension rights I have. Zero. I do not We hear constantly in this body the say, namely probably sometime late pay into the pension. I am not a mem- need for States to be left alone to de- next year or early in 1998 allowing ber of the congressional pension sys- termine the rights of their citizens and same-sex marriages, nothing in that by tem, so Herb already has those pension the programs that they are is to en- any rational explanation would im- rights. dure. Here we have legislation, before pinge on marriages between men and That is not what I am talking about. anything is done in my State, that will women. Nothing whatsoever. I am talking about people less well fa- deliberately deny all of these rights The factors that erode marriages, the vored in society than I and other Mem- that are characterized by Federal law factors that lead to divorce, the factors bers. I am talking about working peo- by determining that what my courts that lead to abandonment and spousal ple, people who are working together, have decided does not apply under Fed- abuse, none of them have ever been at- pooling their incomes as many Ameri- eral legislation, and that is an extreme tributed to, in any significant degree, cans do that today in difficult situa- travesty against the whole principle of same-sex marriage. tions and economic circumstances, try- equal protection. But there is another ing to get back, and feeling a strong Mr. CANADY of Florida. Mr. Chair- misadvertisement. Proponents of the emotional bond to each other, deciding man, I yield 4 minutes to the gen- bill say it is necessary to keep other they would like to pool their resources tleman from Georgia [Mr. BARR]. States from having to do what Hawaii in a binding legal way. Hawaii says: We Mr. BARR of Georgia. Mr. Chairman, does. Now we should make clear that allow you to do that. This bill says: We I thank the gentleman for yielding. none of them think that is true. None overrule Hawaii. This bill says there Mr. Chairman, as Rome burned, Nero of them believe that, absent this bill, will be no States’ rights here. fiddled, and that is exactly what the any other State would be compelled to Mr. Chairman, what the other side of gentlewoman and others on her side do what Hawaii does. I stress that the aisle believes on the whole is the who spoke yesterday and last night again. Every single sponsor of this bill right of the States to follow what they would have us do. Mr. Chairman, we believes as I do that the States already think is correct. There is nothing new ain’t going to be fooled. have the right that this bill gives about this. When it comes to tort re- The very foundations of our society them. form, they will tell the States what to are in danger of being burned. The Mr. Chairman, this is a bill which do. When it comes to a whole range of flames of hedonism, the flames of nar- conveys on the press the right to write areas, they will tell the States what to cissism, the flames of self-centered mo- articles. This is a bill which conveys on do. rality are licking at the very founda- individuals the right to go to syna- I do not think there is any principle tions of our society: the family unit. gogues on Saturday, church on Sunday, I have ever seen more frequently enun- The courts in Hawaii have rendered a mosques on Friday. This is a bill to do ciated and less frequently followed decision loud and clear. They have told what the people in charge of the bill than States’ rights from the Repub- the lower court: You shall recognize think is already there. That is why we licans. What they mean is that the same-sex marriages. What more does it understand it to be purely political. States will do whatever they tell them take, America? What more does it That is why a Supreme Court decision to do. take, my colleagues, to wake up and in Hawaii from 1993 which will not be Mr. Chairman, I do not claim to be a see that this is an issue being shouted made final probably until 1998 comes States’ rights advocate. I think there at us by extremists intent, bent on up in 1996. It is a declaration that the are times, given a national economy, forcing a tortured view of morality on States have the rights that they al- when a national uniform solution is the rest of the country? ready have coming a few months before the only sensible one, but this is not Yet, I suppose only in the Congress the Presidential election. one of them. I want to be particularly would we have people take the well and But there is another place of it. They clear now. People talk about their mar- say that a provision that guarantees by say this is a States’ rights bill and it is riages being threatened. I find it im- law that each State retains its right to to prevent another State from having plausible that two men deciding to decide this issue is taking something to do what Hawaii does. It has a second commit themselves to each other away from the States. I suppose only in and only operative section, and that threatens the marriage of people a cou- the Congress would we have people section says if Hawaii or any other ple of blocks away. I find it bizarre, take the well and say that a law that State decides to allow same-sex mar- even by the standards that my Repub- simply guarantees the status quo in riage by whatever means, whether they lican colleagues are using for this po- terms of the definition of marriage for do it by court decision or by popular litical argument here, to tell me that July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7483 two women falling in love in Hawaii, as gally responsible for each other. Can I on to something wholly unrelated, po- far away as you can get and still be get to the point where if one of us gets lygamy, and attack the unrelated one, within the United States, threatens the very ill we will be protected in our it is because they cannot think of any marriage of people in other States. ability to undertake financial respon- arguments to attack the first one. That is what this bill says: Do not sibilities? Can we buy property jointly? Yes, it is true polygamy as an option worry, you people in Massachusetts Can we do the other things that people for heterosexuals would weaken the and Nebraska and Wyoming and Texas do? Can we decide that one will work current option of monogamous hetero- and California. The Federal Govern- and one might be in child rearing, sexual marriage. That is why I do not ment is running to the rescue. You say there are people who have children in know anyone who is advocating polyg- your marriage is in trouble? You say these relationships. That is what they amy. Why are they then debating po- there are problems with divorce? are asking for. lygamy? Because they are cannot It would seem to be clear that di- What kind of an almost totalitarian argue over here. vorce does more to dissolve marriages notion is it to say that whatever the There is a story about a guy who is than gay marriages. It is extraordinary Government permits, it sanctions and on his hands and knees under the to have people talking about how mar- approves? That is what is clear. Yes, streetlight, and he is walking around, riage is in peril. When the gentle- there is a role for morality in Govern- looking around. Somebody stops to woman from Colorado [Mrs. SCHROE- ment. Of course there is. The Govern- help him, says, what is the matter. He DER] wanted to offer amendments deal- ment has an absolute overriding duty said, I lost my watch. He said, I will ing with divorce, she was ruled out of to enforce morality in interpersonal re- help you. After 5 minutes, he said, gee, order. lations. We have a moral duty to pro- I do not think your watch is here. He The gentleman from Oklahoma said tect innocent people from those who said, I know, I did not lose it over here. the Bible speaks ill of homosexuality, would impose on them. That is a very He said, why are we looking here and it does. There are also strong pas- important moral duty. under the streetlight. He said, well, the sages in the Bible that say if couples But is it the Government’s duty to light is better. They want to debate po- get a divorce and remarry, they have say, divorce is wrong and there are lygamy because the argument is bet- violated the rules. There are religions strong biblical arguments that say if ter. But there are no arguments about that do not allow people who have been you are divorced, you should not re- same-sex marriage. divorced to remarry. There are reli- marry. And should the Government I have asked Member after Member gions that make divorce very, very dif- then put obstacles in the way? No. who is an advocate of this bill, how ficult: Roman Catholics, Orthodox What we say in this society is, religion does the fact that two men live to- Jews, and others. has its place. If you want a religious gether in a loving relationship and I believe that those religions have ceremony, if you want to be married as commit themselves in Hawaii threaten every right to say if couples get di- Roman Catholic, if you want to be your marriage in Florida or Georgia or vorced, if they take this oath and say married by orthodox Jewish rabbis, if wherever? And the answer is always, it is a lifetime solemn oath and then you want to be married by other well, it does not threaten my marriage, they dissolve, for whatever reason, groups, you better abide by their rules. it threatens the institution of mar- they find someone else more attrac- But if you as an individual say, I do not riage. That, of course, baffles me some. tive, they get tired of each other, we love that person anymore, I am walk- Institutions do not marry. They may will make it difficult for them to dis- ing out, I am tired, I want a new hus- merge, but they do not marry. People solve those bonds as we put them on band, I want a new wife and, therefore, marry, human beings. Men and women and we will not allow them to remarry. I dissolve it, no fault divorce, leave me who love each other marry. And no one That is a right we should fight for out, and I want to remarry, civil law who understands human nature thinks every religion to have, but there are allows you to do that. that allowing two other people who clearly Members in this Chamber, sup- Does civil law say that is a good love each other interferes. porters of this bill, who do not think thing? Does civil law, by allowing you Is there some emanation that is that biblical injunction should be civil to divorce and remarry, say, good, we given off that ruins it for you? Gee, Ha- law. There are people who believe that approve of that, we sanction your waii is pretty far away. Will not the that biblical injunction that says if walking out on that marriage and ocean stop it? Are those waves that un- couples divorce, they shall not re- starting a new one? No, what civil law dercut your marriages? People who are marry, should be disregarded by those says is, in a free society that is a divorced, I had one of my colleagues who wish to disregard it; that the reli- choice you can make. We will require, say to me, I have been divorced a cou- gion should not have the right to en- I hope, that you pay up any obligation ple of times. I was feeling guilty about force them, but individuals should have you have to the children who were the it, but now I know it was your fault, he the right under civil law to make alter- product of the first marriage. We do told me. He said, the Republicans have nate choices. That is all we are talking not do that well enough. explained it to me. That is why I have about here. But beyond that we leave that been married three times. You did it to People say, well, we do not want to choice. And that is all we are talking me. have State sanctions. Let me talk about. No one is asking for sanction- He said, the next time I have an ar- about that. I am very puzzled by the ing. In particular, what we are saying gument with my wife, I am going to antilimited Government notion that is, if the State of Hawaii and, by the blame you. And I guess that is what we brings out. way, if you were going to pick a State do because it has got to be some mys- less likely to infect others, I am still b terious emanation. And apparently it 1130 trying to understand, I said, what is it is such a powerful emanation that it I have not had people come to me and about two men living together that crosses oceans. say, I am in love with another woman, threatens marriage? The people who Hawaii, let me ask my friend, how I want to get married because I really denigrate marriage are the people who many miles, 3,000? How many miles is want to have State sanction. I want to argue that marital bonds are so fragile Hawaii from here? It is 5,000 from here, know that the gentleman from Florida, between man and woman that knowing 5,000 miles away. My friend, the gen- the gentleman from Georgia, that they that two men can marry each other tleman from Hawaii, my friend, the really like me. No one has come for- will somehow erode them. How could gentlewoman from Hawaii, what power ward and said, can you please arrange that be? they have. They allow same sex mar- so that the Republican Party and the We heard one argument about it yes- riage in Hawaii and 5,000 miles away, House of Representatives will express terday. He said, well, it might lead to marital bonds will crumble. That their approval of my lifestyle. That is polygamy. I am a student of legislative seems pretty silly, but that is what the not a request I have ever gotten nor ex- debate. Let me make one very clear bill says. pect to get. point. When people get off the subject, All I am saying here is, and by the What people have said is, can I regu- allowing Hawaii to have gay marriages way, I agree each State ought to be larize this relationship so we are le- without penalizing them federally, and able to decide for itself. That is not H7484 CONGRESSIONAL RECORD — HOUSE July 12, 1996 what this amendment is about. I be- Mr. CANADY of Florida. Mr. Chair- ification, that a valid marriage must lieve the States already have that man, I yield 5 minutes to the gen- be between one man and one woman. right. I am not even touching in this tleman from Wisconsin [Mr. SENSEN- There never has been any reason to amendment the part of the bill that BRENNER]. make this implicit understanding ex- does it. Mr. SENSENBRENNER. Mr. Chair- plicit until now. If Hawaii legalizes This amendment says, if the State of man, I rise in opposition to the amend- same-sex marriage, which the gentle- Hawaii by any reason whatsoever de- ment offered by the gentleman from woman from Hawaii [Mrs. MINK], says cides to allow gay marriage, we, the Massachusetts, [Mr. FRANK]. This is is going to happen, then the basic qual- Federal Government, will treat mar- not a States rights amendment. This ification is altered. riages that Hawaii validates the same amendment would allow the will of Consequently, section 3 of the De- as we treat others. The answer is, that Congress to be usurped by three jus- fense of Marriage Act amends the Unit- will be sanctioning gay marriage, as if tices on a divided Hawaii Supreme ed States Code to make it clear for pur- the Federal Government sanctions, Court. poses of Federal law marriage means what, many divorces and remarriages. In rebuttal to the argument made by what Congress intended it to mean, We have no-fault divorces. People walk the gentlewoman from Hawaii [Mrs. that is, a legal union between one man out for no good reason. That is an un- MINK], the Justice Department, headed and one woman as husband and wife. fortunate trend. We ought to try and by Janet Reno, not one of ours but one Congress certainly has the authority change it. But scapegoating gay men of yours, has twice said that the De- to define qualifications, conditions and and lesbians for the failure of mar- fense of Marriage Act is constitutional. obligations surrounding the applica- riages in this society is very good poli- It is time for the Congress to define the tion of Federal law and the disburse- tics but very terrible social analysis. full faith and credit clause, what the ment of Federal benefits. Exercising That is what we are talking about. Constitution allows us to do, and that such authority is not uncommon. When I am simply saying here, I do not is what this bill proposes. Congress voted on Federal laws that know of another State that is even As was stated several times during conferred benefits on married persons, close to Hawaii in doing this. Hawaii the debate yesterday, this act is nec- I do not think that Congress ever con- will probably do it in about a year. No essary because of a concerted effort on templated their application to same- other State is doing it. Are you that the part of homosexual activities to sex couples. I do not think the Amer- desperate for a political issue that you win the Hawaii case and then to impose ican people did either. Should we not reach out this far? We have in the law the decision on every other State by a let the American people and their something called long-arm statutes. lawsuit invoking the full faith and elected Representatives, as opposed to This is a real long-arm statute. This credit clause. My colleagues do not a sharply divided Hawaii court, decide reaches from the politics of Washing- have to take my word for it. I would whether we should alter the fundamen- ton, DC, 5,000 miles out to Hawaii, and like to reiterate the words from a tal definition of marriage recognized says, how dare you let two women ex- memo written by the director of the by civilizations for thousands of years press the love they feel for each other Marriage Project of the Lambda Legal and always presumed by the U.S. Con- in a legally binding way because that is Defense and Education fund, a gay gress? all we are talking about. We are talk- rights group. This memo is entitled, Gay rights groups are scheming to ing about nothing that undercuts het- ‘‘Winning and Keeping Equal Marriage manipulate the full faith and credit erosexual marriage. We are talking Rights: What will Follow Victory in clause to achieve through the judicial about nothing that promotes divorce, Baehr v. Levin,’’ unquote. On page 2 of system what they cannot obtain nothing that would encourage spousal this memorandum it is written, ‘‘Many through the democratic process. I do abuse, nothing that would encourage same-sex couples in and out of Hawaii not think that Congress should be neglect of children. None of that. are likely to take advantage of what forced by Hawaii’s State court to rec- We are talking about an entirely un- would be a landmark victory. The ognize a marriage between two males related subject. The arguments are, great majority of those who travel to or between two females. Congress did therefore, so weak that, as I said, we Hawaii to marry will return to their not pick that fight. The groups that get into polygamy and other unrelated homes in the rest of the country ex- filed suit in Hawaii did. issues. pecting full recognition of their We are simply responding to an un- If Members are really telling me they unions.’’ precedented overt effort to impose one do not understand the difference be- It is important to remember that State’s marital rules on the rest of the tween a polygamous heterosexual rela- this gay activist scheme may not only Nation. tionship and a monogamous homo- affect every other State but the Fed- We have enough problems financing sexual relationship, then they are eral Government as well. The Federal our Social Security trust funds. If the confessing a degree of confusion that I Government currently extends bene- amendment of the gentleman from guess I would be embarrassed to con- fits, rights, obligations and privileges Massachusetts [Mr. FRANK] is adopted, fess. on the basis of marital status. These there will be a huge expansion of the All this amendment says is, and let include Social Security survivor and number of people eligible to receive us be clear on this amendment, no ar- Medicare benefits, veterans’ benefits, Medicare survivor benefits. We should gument about protecting one State Federal health, life insurance and pen- decide that by ourselves, not by Hawaii from another State is relevant. To the sion benefits and immigration privi- court. extent that this bill has any role in leges. Mr. FRANK of Massachusetts. Mr. protecting one State from another In fact, the word marriage appears Chairman, I yield myself 1 minute to State, this amendment leaves it de- more than 800 times in Federal stat- address one point on what the gen- tached. utes and regulations, and the word tleman from Wisconsin said. He made a What this says is simply, if Hawaii spouse appears over 3,100 times. How- point a couple of times to the effect does it, we will recognize what Hawaii ever, these terms are never defined in that this is a Hawaii Supreme Court does. And we will not falsely claim the statutes and regulations. This bill decision. He said it should be elected that multiple divorces and remar- proposes to do so. representatives. riages, spousal abuse, child neglect, all Because this United States Code does The second version of this amend- of those problems, and economic stress not contain a definition of marriage, a ment says that we will recognize mar- and others things that cause stress in State’s definition of marriage is regu- riages so declared by States if they are marriages, nobody will argue that let- larly utilized in the implementation of done democratically by legislation or ting two women love each other in Ha- Federal laws and regulations. Such def- by referenda. waii in any way, shape, or form threat- erence is possible now because of the I would yield to the gentleman. ens that. That is the vote I will be ask- differences, because the difference in Would that make any difference in his ing Members to take. State marriage laws, although numer- argument? Mr. Chairman, I reserve the balance ous, are relatively minor. Every State Mr. SENSENBRENNER. Mr. Chair- of my time. concurs in the most basic marital qual- man, will the gentleman yield? July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7485 Mr. FRANK of Massachusetts. I yield gentlewoman from California [Ms. tional definition of marriage without to the gentleman from Wisconsin. HARMAN]. subjecting same-sex couples to bias or Mr. SENSENBRENNER. Mr. Chair- (Ms. HARMAN asked and was given harassment. It is our duty in this Con- man, at least in terms of Federal bene- permission to revise and extend her re- gress to affirm what is good in our so- fits, to me, no. marks.) ciety. We need this so much. As special Mr. FRANK of Massachusetts. Mr. Ms. HARMAN. Mr. Chairman, I real- interest pressure increasingly demands Chairman, I thought so. ize that my views are likely to be in a tolerant and fluid definition of mar- Mr. SENSENBRENNER. I think Con- the minority, as well as unpopular, but riage, we progressively attempt to re- gress should decide whether the domes- this is not the first time I have come to define marriage to fit social trends. tic spouses of gays and lesbians should the well to stand up for what I believe Traditional marriage, however, is a get Social Security survivor benefits. in, and it will not be the last. house built on a rock. As shifting sands Mr. FRANK of Massachusetts. Mr. Mr. Chairman, our Nation faces of public opinion and prevailing winds Chairman, reclaiming my time, one many pressing and critical problems: of compromise damage other institu- point on legislative debate, when peo- The size of the Federal deficit and its tions, marriage endures, and so must ple use arguments they do not really effect on our international competi- its historically legal definition. This mean, that is an indicator. The gen- tiveness; threats from rogue nations bill will fortify marriage against the tleman from Wisconsin made a big and terrorists armed with chemical, bi- storm of revisionism, so I urge all of point of saying, we cannot do it if Ha- ological, and small nuclear weapons; a my colleagues to support this very waii does it by court, if they do not do deteriorating public infrastructure; the good bill, the defense of marriage act. it democratically. decline in the quality of public edu- Mr. FRANK of Massachusetts. Mr. Chairman, I urge Members to batten b 1145 cation, to name just a few. Yet, this body is embarked today on an extended down, because I yield 4 minutes and 30 When I mentioned an amendment debate of a nonproblem, an issue which seconds to the gentleman from Hawaii that would allow that, it is, oh, never the States themselves are fully capable [Mr. ABERCROMBIE], and we all know mind. Do not use arguments you do not of handling without the interjection of what power Hawaii has, so get ready. mean. Do not make up arguments. the views of Congress. (Mr. ABERCROMBIE asked and was That does not help the debate. In fact, this issue already has been given permission to revise and extend Mr. SENSENBRENNER. Mr. Chair- carefully considered by the legisla- his remarks.) man, I demand the gentleman’s words tures, the legislatures of 34 States. Mr. ABERCROMBIE. Mr. Chairman, I be taken down. He has impugned my Today, we debate legislation of ques- thank the gentleman for yielding time motives. tionable constitutionality, legislation to me. The CHAIRMAN. The gentleman Mr. Chairman, as long as Hawaii has in which we ‘‘authorize’’ the States to from Massachusetts will be seated. this incredible power to be able to ignore the dictates of the full faith and mandate whatever it decides on the b 1152 credit clause of the Constitution. Yet rest of the Nation, I wan thinking that Mr. FRANK of Massachusetts. Mr. what is clear from the sparse history perhaps we could mandate the Hawaii Chairman, I ask unanimous consent to on the full faith and credit clause is health care system for the other 49 proceed out of order for 1 minute. that whatever powers the States have States, so that we would not have to The CHAIRMAN. Is there objection to have to reject the decision by an- worry about national health care, and to the request of the gentleman from other State are directly derived from we would mandate the weather, if we Massachusetts? the Constitution. Nothing Congress can could, but I think that is even beyond There was no objection. do by statute either adds to or detracts our powers. Mr. FRANK of Massachusetts. Mr. from that power. Congress cannot There is a serious note to be engaged Chairman, in a spirit of conciliation, grant a power to the States which, in here, because the amendment of- even though my plane is not until Sun- under the Constitution, the Congress fered by the gentleman from Massachu- day, but I know others have quicker itself does not have or control. setts [Mr. FRANK] has to do with the ones, I would make it clear that my In addition, Mr. Chairman, today, we definition. If Members are in fact in- point was that I believe when Members debate legislation designed to divide tending to define marriage nationally are debating, they should be careful to and ostracize individuals and to ad- in the terms that have been related in use arguments which are genuinely vance or protect interests which are the debate so far, they have indicated central to their point. And I was ad- hardly threatened. As some of my col- it is an institution in which we have a monishing people about what I think is leagues have already said, what is by secular, sacred duty to maintain the the tendency to use arguments that are far the weakest part of this bill is its union between a man and a woman. not central, and particularly, I think it title. But that is not accidental. This If that is the case, and Members real- is a mistake for people to use an argu- bill reflects a calculated political judg- ly intend to do this, and we are sincere ment and then, when that argument is ment that wedge issues can be used to about covering this as a national defi- met by a change in the legislation, dis- paint individuals in our society, as well nition of marriage, then why do Mem- regard it. That is what I was intending as Members of this Chamber. This bill’s bers not have a national divorce clause to imply accelerated consideration in this House in here as well, forbidding it? Where I believe that the second amendment was, unfortunately, part of that politi- are the criminal penalties associated that I have offered meets part of the cal agenda. Whatever Hawaii finally with adultery? I have heard a continu- argument that was made, and I always decides will be years off, so what is the ous drumbeat from some Members here find it frustrating when people make rush? about this union of a man and a an argument and an amendment is This is a sad day when partisan polit- woman. If that is the case, I presume, then offered which meets that argu- ical considerations once again upstage then, Members are going to forbid di- ment and that is disregarded. careful deliberations designed to ad- vorce and most certainly impose pen- The CHAIRMAN. Does the gentleman dress the Nation’s important chal- alties with adultery. But I do not see it from Wisconsin [Mr. SENSENBRENNER] lenges. in here. seek recognition? I urge my colleagues to stand up and There appear to be circumstances in Mr. SENSENBRENNER. With that reject this divisive, untimely, and pos- which this union of a man and woman explanation, Mr. Chairman, I withdraw sibly unconstitutional bill. can take place in the context of mar- my demand that the gentleman’s words Mr. CANADY of Florida. Mr. Chair- riage again and again and again. I am be taken down. man, I yield 1 minute to the gentle- not quite sure how the transition is The CHAIRMAN. The gentleman woman from California [Mrs. made in Members’ definitions, but that withdraws his demand. SEASTRAND]. is what takes place, all of this within The gentleman from Massachusetts Mrs. SEASTRAND. Mr. Chairman, I the context that this deficition has to may proceed in order. rise in strong support of the Defense of be made in a national context, because Mr. FRANK of Massachusetts. Mr. Marriage Act. As a cosponsor of this of what may or may not happen in Ha- Chairman, I yield 21⁄2 minutes to the bill, I believe it reinforces the tradi- waii. H7486 CONGRESSIONAL RECORD — HOUSE July 12, 1996 But what is left out of this is that Mr. BUYER. Mr. Chairman, permit can’t imagine that two people who sim- the Federal law over and over again, as me to be theological and philosophical, ply want to exercise a basic human stated as recently as 1992, and I am for a moment. I believe that as a peo- right to marry, a right our society en- quoting the Supreme Court, ‘‘Without ple, as a people, as a God-fearing peo- courages could be denied. I can’t imag- exceptions, domestic relations have ple, at times, that there are what are ine that two people could make a com- been a matter of State, not Federal, viewed, what I believe are called de- mitment to spend the rest of their lives concern and control since the founding praved judgments by people in our soci- together—and never be allowed to have of the Republic.’’ ety. They come in all forms of sin. We that commitment recognized under the In this particular instance, it is the learn that early on. law. State constitution in Hawaii that is I believe that the first creature of Because, you see, for many years, the grounds for the suit in Hawaii. The God and the words of the first days was gay couples have made a commitment State constitution in Hawaii has par- the light of sense. We refer to it as to spend their lives together. They ticular references to the right of pri- God-given common sense. The last, per- have spent years building a life to- vacy and equal protection that are not haps, was the light of reason. His Sab- gether, through good times and bad. found in other constitutions in other bath work ever since has been the illu- Yet, if a gay man becomes gravely ill, States. Therefore, it does not apply. mination of his spirit, the Holy Spirit. his partner is not allowed to visit him Members should vote for the amend- Above me it reads, ‘‘In God we in the hospital. A gay couple can share ment offered by the gentleman from trust.’’ It says, ‘‘In God we trust.’’ I be- houses, cars, bank accounts, yet one Massachusetts [Mr. FRANK] because lieve that God breatheth light into the partner cannot inherit a single thing if even if there is a ruling in Hawaii, it face of chaos and into the face of man- the other dies without a will. Further- does not therefore follow that Penn- kind to deliver his word to others who more, no matter how long they are to- sylvania or Florida or Illinois or any of do not see the light of day, who do not gether, a gay couple cannot share med- the other States have to follow it at follow the word of God. ical and pension benefits. all, unless there are similar provisions, Mr. Chairman, we are a nation of This bill denies a group of Americans and there are judges that would make people, a society based upon very a basic right because they lead a dif- decisions based on similar interpreta- strong Biblical principles. To lead a ferent lifestyle. We must be careful tions of similar provisions in Members’ Nation at moments of chaos through when we make legislative determina- own State constitutions. the storm, you rely on God-given prin- tions on who is different. If gay people The attorneys for the coules that ciples for that. He shineth the light are considered ‘‘different’’ today, who came into court in Hawaii have stated into our face. is to say your lifestyle or my lifestyle again and again that it is the particu- We as legislators and leaders for the will not be considered different tomor- lar provisions of the Hawaii State Con- country are in the midst of a chaos, an row? This bill also challenges one of the stitution that they are refering to, so attack upon God’s principles. God laid most basic tenets of the Constitution: it is disingenuous at best for those who down that one man and one woman is a the ‘‘full faith and credit’’ clause. This want to maintain that this amendment legal union. That is marriage, known country is great because people take is something that should be voted for for thousands of years. That God-given for granted that the laws of one State to indicate that unless we have this principle is under attack. It is under bill today, and unless we defeat the are honored by the other States—re- attack. There are those in our society gardless of whether or not one State amendment of the gentleman from that try to shift us away from a society likes another State’s laws. We have not Massachusetts [Mr. FRANK], Members based on religious principles to human- been able to pick and choose for the are going to be forced to accept what istic principles; that the human being past two centuries and now is not the was a result of a court decision in Ha- can do whatever they want, as long as time to start. waii, if it happens to go that way. it feels good and does not hurt others. Our society encourages and values a The State is disputing this at the When one State wants to move to- commitment to long-term present time, and may prevail. So un- wards the recognition of same-sex mar- monogamous relationships—and we less someone who is in favor of the bill riages, it is wrong. The full faith and honor those commitments by creating can tell me how the U.S. Constitution credit of the Constitution would force the legal institution of marriage. reflects the specific provisions in the States like Indiana to abide by it. We If we then deny the right of marriage Hawaii State Constitution, which ex- as a Federal Government have a re- to a segment of our population, we de- tend beyond the Federal Constitution sponsibility to act, and we will act. value their commitment without com- the right of privacy and the equal pro- b 1205 pelling reasons but simply because we tection based on gender, unless they don’t like their choice of partners. We can explain that, I do not see how Mr. FRANK of Massachusetts. Mr. can’t have it both ways. 1 Members can deny the validity of the Chairman, I yield 2 ⁄2 minutes to the Protecting everyone’s right to make amendment offered by the gentleman gentleman from Massachusetts [Mr. a legal commitment to another is a de- from Massachusetts. MEEHAN]. fense of marriage. This bill denies cer- I would yield to anybody who can ex- The CHAIRMAN. I might advise the tain persons that right. It is an attack plain to me how the U.S. Constitution, Members, the gentleman from Massa- on gay men and women. Therefore, I which only deals by implication with chusetts [Mr. FRANK] has 11 minutes urge my colleagues to vote against it. the Hawaii State Constitution, will remaining and the gentleman from Mr. CANADY of Florida. Mr. Chair- somebody please tell me how the U.S. Florida [Mr. CANADY] has 27 minutes man, I yield 3 minutes to the gen- Constitution and the Hawaii State remaining. tleman from Texas [Mr. DELAY]. Constitution are comparable in these Mr. MEEHAN. Mr. Chairman, today Mr. DELAY. Mr. Chairman, I want to two respects, which is the basis for the we are debating a bill that purports to offer my congratulations to the gen- suit in Hawaii? defend marriage. I have been thinking tleman from Massachusetts on his up- There are constitutional experts. Do a lot about this legislation this week coming wedding tomorrow. I did not not look puzzled. Members know per- because tomorrow, I am getting mar- know he was getting married tomor- fectly well what I am talking about. ried. My finance and I are going to vow row. I think that is wonderful. I wish There is a right to privacy in Hawaii, to spend the rest of our lives together— him all the best and a wonderful fu- there is no discrimination based on no matter what lies ahead. For that ture. gender in the Hawaii State Constitu- commitment, we will enjoy all the Mr. Chairman, I think this piece of tion, which does not appear in the U.S. rights and privileges the Government legislation is very timely and very im- Constitution except by implication, if bestows on married couples—from tax portant, and I commend the gentleman Members make the argument. In other breaks to Social Security benefits. from Florida [Mr. CANADY] and the gen- words, I get no response. I can’t imagine that my fiance and I tleman from Georgia [Mr. BARR] for Mr. CANADY of Florida. Mr. Chair- could make such a momentous decision bringing it to the floor. man, I yield 2 minutes to the gen- to wed—and then have the Government Many people are questioning why we tleman from Indiana [Mr. BUYER]. step in and say no, you can’t do that. I are bringing it to the floor today but, July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7487 Mr. Chairman, to me the answer is it attach a great deal of weight to be- amendment. I oppose the amendment very clear. Polls in Hawaii and across cause when I offer an amendment and support the underlying bill. this country show that the majority of which obviates it, it would not make Mr. CANADY of Florida. Mr. Chair- the people of this country do not sup- any difference. man, I yield 21⁄2 minutes to the gen- port legalizing same-sex marriage. Mr. Chairman, I yield 1 minute to the tleman from North Carolina [Mr. However, despite the will of the legisla- gentleman from Connecticut [Mr. FUNDERBURK]. ture in Hawaii, three judges are about GEJDENSON]. Mr. FUNDERBURK. Mr. Chairman, to rule otherwise. Now the Lambda Mr. GEJDENSON. Mr. Chairman, people in my district in North Carolina Legal Defense Fund, an organization there were times and there may still be are outraged by the possibility that that is pushing very hard for the legal- times in this country today where our State might be forced to recognize ization of gay and lesbian marriage, is there are States where you can get same sex marriages performed in other advertising their intent to use the Ha- married if you are 14 or 15. In my State States. They are outraged that their waiian Supreme Court ruling to force that is statutory rape. There were tax money could be spent paying veter- other States to recognize gay and les- times in this country where in many an’s benefits or Social Security based bian marriages. States it took years to get a divorce, on the recognition of same-sex mar- I would just like to read the quote, sometimes almost impossible. People riages. Homosexuals have been saying and this is from a publication of Lamb- could fly to I think Las Vegas and they only want tolerance—now it is da Legal Defense Fund: other places and get a divorce almost clear they have been less than honest. Many same-sex couples in and out of Ha- overnight. We did not rush to the floor They already have tolerance but are waii are likely to take advantage of what to ban those actions, to make them not aiming for government and corporate would be a landmark victory. The great ma- apply to the State where the individual mandated acceptance. The Boy Scouts jority of those who travel to Hawaii to is a resident. of America are under legal attack in marry will return to their home in the rest What we face here is a challenge of of the country expecting full legal recogni- the States which have special rights the majority party, the Republicans, for sexual orientation. The Scouts, a tion of their union. and the failure of their entire agenda, This is not a partisan issue, Mr. private group, are being told to aban- and they need a new scapegoat. To try don their moral code of 80 years and to Chairman. The threat posed by the rul- to salvage their political tailspin, we ing in Hawaii is recognized by Members place young boys under homosexual are here on the floor today trying to men on camping trips—or face finan- of both sides of the aisle. pick on the powerless. The politics The bill before us is very simple. cial ruin. If homosexuals achieve the works very well. It is not popular out power to pretend that their unions are First it honors the State’s right to de- in the countryside. It is a difficult cide its own position on the legaliza- marriages, then people of conscience issue for most Americans to deal with. will be told to ignore their God-given tion of same-sex marriage. Second, it But if we want to protect families, says that for Federal purposes, mar- beliefs and support what they regard as then we ought to give families health immoral and destructive. riage is the legal union between one care. If we want to protect families, we As the Family Research Council man and one woman. The Frank need to protect their pensions. If we points out: Homosexuality has been amendment strikes that. This bill does want to protect families, we ought not discouraged in all cultures because it is not tell people what they can or cannot be raiding Medicare to give tax breaks inherently wrong and harmful to indi- do in the privacy of their own homes. to billionaires. If we want to protect viduals, families, and societies. The It simply says it is not right to ask the families, we need to protect their pen- only reason it has been able to gain American people to condone it. sions, not to come here today with a such prominence in America today is As a father and an observer of this show-stopper that does very little to the near blackout on information culture, I look ahead to the future of protect families and I doubt will get about homosexual behavior itself. We my daughter and wonder what building the political gain that many are seek- are being treated to a steady drumbeat a family will be like for her. We saw ing in this legislation. of propaganda echoing the stolen rhet- startling statistics in 1992 that told us Mr. CANADY of Florida. Mr. Chair- oric of the black civil rights movement that Dan Quayle was right. Children do man, I yield 2 minutes to the gen- and misrepresenting science. Now ac- best in a family with a mom and a dad. tleman from Pennsylvania [Mr. tivists are demanding that society ele- We need to protect our social and GEKAS]. moral foundations. Mr. GEKAS. I thank the gentleman vate homosexuality to the moral level We should not be forced to send a for yielding me this time. of marriage. If you are a devout Chris- message to our children that under- Mr. Chairman, the overwhelming ma- tian or Jew, or merely someone who mines the definition of marriage as the jority of my constituents favor the bill believes homosexuality is immoral and union between one man and one that we are presenting to the Congress harmful, and the law declares homo- woman. Such attacks on the institu- today, and for concomitant reasons op- sexuality a protected status, then your tion of marriage will only take us fur- pose the amendment offered by the personal beliefs are now outside civil ther down the road of social deteriora- gentleman from Massachusetts. law. This has very serious implica- tion. Vote ‘‘no’’ on the Frank amend- If I were not sure of a numerical tions, for if the law declares opposition ment. count of my constituents to determine to homosexuality as bigotry, then the Mr. FRANK of Massachusetts. Mr. what I have just said, that the major- entire power of the civil rights appara- Chairman, I yield myself 30 seconds. I ity opposes the Frank amendment and tus can be brought against you. Busi- do this with trepidation because I un- supports the underlying bill, I would nessmen would have to subsidize homo- derestimated to some extent the sen- now have the action of the Pennsylva- sexuality or face legal sanctions; sitivity on the other side when I point nia House of Representatives to bolster schoolchildren will have to be taught this out, but the gentleman from Texas that count on my part. Recently the that homosexuality is the equivalent of made a point of the fact that three Pennsylvania House, only about 2 marital love; and religious people will judges did this in Hawaii, and not the weeks ago, supported a similar bill by be told their beliefs are no longer valid. legislature and not a referendum. a tune of 177–16. In it they endorsed and Mr. Chairman, let’s do what is right I have a subsequent amendment reendorsed, both in the speeches on the and good for America today. Let’s pass which would allow a State to get Fed- floor and the matters of record that the Defense of Marriage Act and turn eral recognition of marriages only were included finally in their legisla- down both Frank amendments. when it is done by the legislature or by tive record, the notion that marriage Mr. CANADY of Florida. Mr. Chair- referendum or in other ways by the has to be, for the sake of family values, man, I yield myself such time as I may people, and it will probably make no marriage between members of the op- consume. difference. But I just want to say that posite sex. I just want to read the portion of the that argument that this is only the So, with all of that, I am guided by bill that is being stricken by this judges in Hawaii does not appear to me the frank expression of the Pennsylva- amendment. It is called definition of to be one that the Members who make nia legislature rather than the Frank ‘‘marriage’’ and ‘‘spouse.’’ H7488 CONGRESSIONAL RECORD — HOUSE July 12, 1996 ‘‘In determining the meaning of any chapter 7 in Matthew which starts off, (Mr. STEARNS asked and was given Act of Congress, or of any ruling, regu- ‘‘Judge not lest ye be judged.’’ permission to revise and extend his re- lation, or interpretation of the various b 1223 marks.) administrative bureaus and agencies of Mr. STEARNS. Mr. Chairman, I the United States, the word ‘marriage’ Mr. CANADY of Florida. Mr. Chair- would like to say to my colleagues in means only a legal union between one man, I yield 4 minutes to the gen- the House, this is a defining issue. I be- man and one woman as husband and tleman from Georgia [Mr. BARR]. lieve it even goes further than what we wife, and the word ‘spouse’ refers only Mr. BARR of Georgia. Mr. Chairman, have talked about. It is defining in to a person of the opposite sex who is a I thank the gentleman for yielding me terms of Republicans and Democrats. husband or a wife.’’ the time. On this side of the aisle so many people The proponents of the amendment Mr. Chairman, I would like to ad- have lined up to speak, so many people before the House now want to strike dress all of our colleagues here in the feel so passionately about this, we do that provision of the bill. They do not House, those listening as well as those not even have enough time. agree with that definition of marriage. that are on the floor, on both sides of But you know, one thing I would like That is what is at issue here. I think the aisle, because this clearly is a non- to talk about just to be clear and not the Members need to focus on that. Is partisan matter. One merely has to emotional about this, the gentleman this House unwilling to take a stand in look at the long list of cosponsors from from Massachusetts [Mr. FRANK] men- defining marriage in this way? both sides of the aisle. One has to look tions the fact that, he mentions that We are talking about for purposes of no further than the thousands of com- the Defense of Marriage Act preempts the Federal statute. We have a respon- munications to Members of Congress States’ rights. This is wrong. This is sibility as the Congress to make a de- on this legislation and recognize it is not correct. This legislation provides termination on this matter. We have a very much bipartisan. that no State shall be required to give responsibility as the elected represent- The issue is clear and not even re- effect to a same-sex marriage license if atives of the various States to take a motely complex. With this amendment, issued by another State, nor does it stand against what one State is at- with the Frank amendment, if Mem- prevent other States from choosing to tempting to do. bers believe that one State can now de- give effect to same-sex marriage li- This bill does that, as has been dis- fine ‘‘spouse’’ or ‘‘marriage’’ for all censes from other States. cussed and debated at great length, and Federal purposes, if you believe that it This legislation merely provides that there is nothing offensive about this is fiscally responsible to throw open States who do not sanction this distor- definition. It has been described in the doors of the U.S. Treasury, and if tion of marriage do not have to recog- many ways, this bill has been described you believe that the will of the vast nize it. Sixty-seven percent of the peo- in many ways, I will talk about that majority of the American citizens has ple in America agree with this legisla- somewhat later. But if the Members no meaning, no importance whatso- tion. I would like to respond to what I would focus on what is in this amend- ever, then vote for the Frank amend- think are Mr. FRANK’S main arguments ment, I think they will have to come to ment because it represents and does all against the Defense of Marriage Act. the conclusion that all we are doing in three of those things. But if Members believe that the Mr. FRANK says by abandoning the true defi- this amendment is reaffirming what nition of marriage, traditional marriages are everyone has always understood by views of a vast majority of American not threatened. You are right Mr. FRANK you marriage, what everyone has always citizens are important, do have mean- ing and ought to be listened to, and if are not threatening my marriage. You do not understood by the term ‘‘spouse,’’ and threaten my marriage but you do threaten the we are simply resisting a change which Members believe that the Congress of the United States of America and not moral fiber that keeps this Nation together. is being advanced by a small minority You threaten the future of families which have in this country. an individual State has the authority and the sole jurisdiction and respon- traditional marriage at their very heart. If tradi- Mr. Chairman, I reserve the balance tional marriage is thrown by the wayside, of my time. sibility to decide the use of Federal taxpayer benefits, and if you do not be- brought down by your manipulation of the defi- Mr. FRANK of Massachusetts. Mr. nition that has been accepted since the begin- lieve it is fiscally responsible to throw Chairman, I yield 1 minute to the gen- ning of civilized society, children will suffer be- open the doors of the U.S. Treasury to tleman from Maryland [Mr. cause family will lose its very essence. Instead be raided by the homosexual move- GILCHREST]. of trying to ruin families we should be preserv- ment, then the choice is very clear, op- Mr. GILCHREST. I thank the gen- ing them for future generations. tleman from Massachusetts for yield- pose the Frank amendment. You say if we pass the Defense of ing me this time. It is a gutting amendment. It is a Marriage Act we are preempting States Mr. Chairman, I am not going to killing amendment. That is why this rights. You are wrong Mr. FRANK. This stand here and take up a minute to tell opponent of the bill is proposing it. It legislation provides that no State shall people on the floor how to vote. I think is not complex. It is crystal clear. This be required to give effect to a same-sex and I hope earnestly that this debate amendment must be defeated so that marriage license if issued by another will result in a positive picture for the the underlying bill can go forward, as State; nor does it prevent other States values of all Americans. But what I we believe it will, through both Houses from choosing to give effect to same- want to do is quote from two historical of Congress and get to the President’s sex marriage licenses from other figures to show that none of us, none of desk so that he, as he has said, will States. This legislation merely pro- us, have all the right answers to all the sign this important piece of legisla- vides States who do not sanction this questions. tion. Let us give him that opportunity distortion of marriage do not have to The first one is a figure that changed and not deny him that opportunity by recognize it. With at least 67 percent of Catholicism and evolved it into the supporting the Frank amendment. I people polled opposing the legalization Protestant movement, Martin Luther, urge my colleagues to vote ‘‘no’’ on the of same-sex marriages, we are doing in which he said, ‘‘We are all weak and Frank amendment. the right thing. ignorant creatures trying to probe and Mr. FRANK of Massachusetts. Mr. Mr. FRANK may not agree with this also but understand the incomprehensible maj- Chairman, how much time do we have he is here today pushing a definition of mar- esty of the unfathomable light of the remaining? riage which the majority of Americans don't wonder of God.’’ He was saying each of The CHAIRMAN. The gentleman agree with. He may use debaters' techniques us do not have all the answers. from Massachusetts [Mr. FRANK] has 6 to divert our attention on this matter, but the The second historical figure gave a minutes remaining, and the gentleman facts remain. sermon on the side of a mountain. He from Florida [Mr. CANADY] has 151⁄2 Mr. DORNAN. Mr. Chairman, will the said, and I cannot repeat all of that minutes remaining. gentleman yield? sermon because there is not enough Mr. CANADY of Florida. Mr. Chair- Mr. STEARNS. I yield to the gen- time, but I encourage people in the man, I yield 1 minute and 30 seconds to tleman from California. room and my colleagues to read the the gentleman from Florida [Mr. Mr. DORNAN. Mr. Chairman, I want- Sermon on the Mount and especially STEARNS]. ed to point out to the Members that July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7489 the reason I have not asked for time Mr. CANADY of Florida. Mr. Chair- Mr. MORAN. Mr. Chairman, I do not during this debate is that I will be man, I yield 1 minute to the gentleman perceive it in the same way the gen- doing an hour this afternoon following from Virginia [Mr. MORAN]. tleman does. If the gentleman would an hour by Mr. FRANK, be plenty of The CHAIRMAN. The gentleman like to explain why it does, then I time for me to discuss that midafter- from Virginia [Mr. MORAN] is recog- would be happy to yield the time that noon, morning in Hawaii. nized for 3 minutes. I have. I do not interpret it as accom- This is a defining issue. I did not be- Mr. MORAN. Mr. Chairman, I rise in plishing what the gentleman said. lieve when I came here 20 years ago we support of this amendment because I Mr. HYDE. Mr. Chairman, I will send would ever be discussing homosexuals support the U.S. Constitution and par- the gentleman a copy of the opinion have the same rights as the sacrament ticularly the 10th amendment to the and dissent by Justice Scalia. of holy matrimony, and I predict, that Constitution. Mr. CANADY of Florida. Mr. Chair- within 3 or 4 years we are going to be As you know, the 10th amendment man, I yield myself such time as I may discussing pedophilia only for males was designed to prevent us from pre- consume. and that will be the subject of my dis- empting States’ right. Yet for this pur- Mr. Chairman, we have heard quite a cussion this afternoon. pose, we are willing to federalize the bit about the full faith and credit Mr. FRANK of Massachusetts. Mr. one area of law that has been under Clause, I think it might be helpful to Chairman, I yield myself 45 seconds to State control for the last 200 years. read it. It is contained in article IV, say first, if people on the other side are What is worse is that it is the Sub- section 1 of the Constitution, and I will content to have the last comment committee on the Constitution of our read it in its entirety. stand as representative of their view- full Committee on the Judiciary that is willing to limit for the first time in Full faith and credit shall be given in each point, so am I. I would say to the gen- State to the public Acts, Records and judi- tleman from Florida, he totally mis- history the full faith and credit clause cial Proceedings of every other State, and stated this amendment. We are on an of the Constitution. The term that the the Congress may by general laws prescribe amendment that appears to have es- Subcommittee on the Constitution the manner in which such Act, Records and caped him. He said I said it preempts uses is that it wants ‘‘to free the States Proceedings shall be approved and the effect States’ rights and then talked about from a constitutional compulsion.’’ thereof. the section of the bill not relevant to If we want ‘‘to free the States from a The full faith and credit clause, the amendment. He just got it totally constitutional compulsion,’’ we ought which I have just read, recognizes a wrong. Yes, there is a section that to do it with a constitutional amend- role for the Congress to play in cir- purports to give the States rights that ment, not through this kind of a stat- cumstances just such as those that are I believe the States already have. But ute. now before us arising from the situa- there is another section which is what This bill in fact is both unnecessary tion in Hawaii. this amendment was about, and this and premature. The Hawaii appeals Now, that is one element of this bill. second section says that if a State does court is not expected to reach a final On the other hand, there is an element allow such a marriage, the Federal decision until 1997. There is no reason in this bill which deals with Federal Government would recognize it. to act before that. But by rushing to law, Federal benefits, and the interpre- So he was talking about the first sec- judgment, Congress is preventing the tation of the Federal statutes and reg- tion, not about the second section. The States from free and open deliberation ulations that use the terms ‘‘marriage’’ second section is the subject of the and failing to allow them to come to and ‘‘spouse.’’ amendment, and I did want to point their own determinations. We have a responsibility as the Con- out that he was, therefore, totally in- States already have the power to gress to determine how Federal funds accurate in his representation of what refuse to honor same-sex marriages will be spent, and I believe that it is I had said. conducted in other States under the certainly within our prerogative to de- Mr. CANADY of Florida. Mr. Chair- public policy exemption to the full termine that those funds will not be man, I yield 1 minute to the gentleman faith and credit clause. This is the law used to support an institution which is from Kentucky [Mr. LEWIS]. right now. So why are we debating an rejected by the vast majority of the Mr. LEWIS of Kentucky. Mr. Chair- unnecessary bill? I am afraid that the American people. We, as their rep- man, I thank the gentleman for yield- real answer is that it is political ex- resentatives, can take that position. ing me the time. ploitation of prejudicial attitudes. That is not in derogation of States’ Mr. Chairman, 220 years of history in Mr. HYDE. Mr. Chairman, will the rights. That is simply in fulfillment of this Nation where we have not had to gentleman yield? define what marriage is. It has been Mr. MORAN. I yield to the gentleman our responsibilities, and that is what pretty common knowledge and it has from Illinois. we are doing through this bill. been understood by most people. But Mr. HYDE. The Chairman, I would Mr. ABERCROMBIE. Mr. Chairman, now we have reached a period in our just like to ask the gentleman from will the gentleman yield? history when we are going to have to Virginia [Mr. MORAN], what effect on Mr. CANADY of Florida. I yield to define what marriage actually is. We your last statement that the States the gentleman from Hawaii. have to allow the States to define and have the power to do this, what effect Mr. ABERCROMBIE. Mr. Chairman, I Hawaii is going to be making that deci- does the Romer versus Evans case, de- simply want to point out with respect sion and I think in order to allow the cided May 20 of this year, have on that to the constant allusions to other other States to have that opportunity, power of the States, or are you aware States being forced to do what may be then we must proceed with this De- of that case? decided in Hawaii that the case in Ha- fense of Marriage Act to make sure Mr. MORAN. Mr. Chairman, reclaim- waii is based on the Hawaii State Con- that they are not bound by the full ing my time, I would submit to the stitution, which has an expansive pro- faith and credit clause to accept some- gentleman from Illinois [Mr. HYDE] vision for the right of privacy and a thing that would not be acceptable to that any State can pass a law now provision against sex discrimination, the majority of the people in those par- under the public policy exemption that which by definition of the attorneys in ticular States, or in this Nation for makes it clear that whatever Hawaii’s the case is stated as only being implied that matter. But again, I think it is a decision might be, they do not have to at best in the Constitution of the Unit- sad day that we have to stand here in recognize it. They have that right. ed States. Therefore, they are not mak- the Capitol of the United States and Mr. HYDE. Mr. Chairman, if the gen- ing any such claim. define what marriage actually is. tleman will continue to yield, does the Mr. CANADY of Florida. Mr. Chair- Mr. FRANK of Massachusetts. Mr. gentleman know the Romer case? Be- man, reclaiming my time, the gen- Chairman, I yield 2 minutes to the gen- cause the Romer case directly vitiates tleman has made his point. With all tleman from Virginia [Mr. MORAN]. what the gentleman just said. due respect to the gentleman from Ha- I was looking for that long list of Re- Mr. MORAN. The gentleman and I waii, the gentleman has not gotten the publicans, which has apparently dwin- have a difference of opinion. point here. dled, that the gentleman was talking Mr. HYDE. Mr. Chairman, is the gen- I would point out to the gentleman about. tleman familiar with the case? that there is available for him and all H7490 CONGRESSIONAL RECORD — HOUSE July 12, 1996 the other Members a memorandum pre- Mr. Chairman, I reserve the balance haven for those seeking peace, tolerance, and pared by the Lambda Legal Defense of my time. justice. Fund which indicates the clear strat- Mr. FRANK of Massachusetts. Mr. The real issues are extremist Republican egy that is being pursued here. The Chairman, I yield such time as he may values versus American values. Health care idea of the gay rights legal advocacy consume to the gentleman from Cali- for the elderly and needy versus tax breaks for community is that they will have fornia [Mr. WAXMAN]. the wealthy. Money for children and education same-sex marriages recognized in the (Mr. WAXMAN asked and was given versus money for corporate welfare. More po- State of Hawaii, and then folks will go permission to revise and extend his re- lice on the streets versus assault weapons in there from around the country, be mar- marks.) the hands of dope dealers. ried under the laws of the State of Ha- Mr. WAXMAN. Mr. Chairman, I rise In short, the real issue is the kind of Amer- waii, and then go back to where they in support of the Frank amendment ica we wantÐone of hope and fairness, or came from and attempt to use the full and in opposition to this legislation. one of division and hate. faith and credit clause to force those Mr. FRANK of Massachusetts. Mr. b 1241 States to which they have returned to Chairman, I yield such time as he may Mr. CANADY of Florida. Mr. Chair- recognize the legality of that same-sex consume to the gentleman from Michi- man, may I inquire of the Chair con- union contracted in the State of Ha- gan [Mr. CONYERS]. cerning the amount of time remaining waii. (Mr. CONYERS asked and was given on each side? That is what is at stake in that part permission to revise and extend his re- The CHAIRMAN. The gentleman of the bill. That is very clear. That is marks.) from Massachusetts [Mr. FRANK] has why we are here. How Hawaii happens Mr. CONYERS. Mr. Chairman, I rise 31⁄4 minutes remaining and the gen- to get to the point of deciding that is in support of the Frank amendment. tleman from Florida [Mr. CANADY] has a subsidiary issue. Mr. FRANK of Massachusetts. Mr. 6 minutes remaining. Now, do I think the courts around Chairman, I yield such time as he may Mr. CANADY of Florida. Mr. Chair- the country should be required to rec- consume to the gentleman from Cali- man, I yield 2 minutes to the gen- ognize those same-sex marriages that fornia [Mr. BECERRA]. tleman from Tennessee [Mr. BRYANT]. may be contracted in Hawaii? No, I do (Mr. BECERRA asked and was given Mr. BRYANT of Tennessee. Mr. not think they should be required to. permission to revise and extend his re- Chairman, I thank the gentleman for But I do believe that there is substan- marks.) yielding me this time and I rise in sup- tial doubt about that question, and I Mr. BECERRA. Mr. Chairman, I rise port of this bill. am concerned that there is uncer- in opposition to the bill and in support Obviously, as one of the original co- tainty, and this bill is motivated by of this particular amendment. sponsors of this bill, I feel like it is a that uncertainty. We are trying to do Mr. FRANK of Massachusetts. Mr. bill that we ought to pass and I would what we can to put that uncertainty to Chairman, I yield such time as she may oppose, as such, any amendment to it. rest, to bring more certainty to the consume to the gentlewoman from I think it is very important that we remember much of our history lessons, issue. That is the motivation here. Texas [Ms. JACKSON-LEE]. that I am sure have already been dis- That is not hard to discern. (Ms. JACKSON-LEE of Texas asked Mr. Chairman, I understand and I re- and was given permission to revise and cussed here before. Without our action, this would be the first time that any spect those people who say, ‘‘We think extend her remarks.) religious or civil marriage ceremony same-sex marriage is a good thing and Ms. JACKSON-LEE of Texas. Mr. recognized this type of marriage. It we think that they should be able to go Chairman, I rise to support the Frank would be against the traditional mar- there and then have it recognized else- amendment. riage of husband and wife. At some where.’’ That is a principle position. I Mr. FRANK of Massachusetts. Mr. Chairman, I yield such time as she may point I think this bill recognizes, the disagree with the principle. I vehe- underlying bill recognizes the need to consume to the gentlewoman from mently disagree with it. We have heard make this distinction, to draw this Georgia [Ms. MCKINNEY]. that expressed. But you know, it is line, to clarify it, for it, unfortunately (Ms. MCKINNEY asked and was given clear what is going on here. There is a at this time, appears to be necessary in permission to revise and extend her re- real issue that we are trying to deal this country. with. marks.) It is important we accomplish the Ms. MCKINNEY. Mr. Chairman, I rise Mr. ABERCROMBIE. Mr. Chairman, two things that are contained in this will the gentleman yield? in support of the Frank amendment bill. First of all, again for the purposes Mr. CANADY of Florida. I yield to and oppose this bill. of Federal law, Social Security, tax the gentleman from Hawaii. Mr. Chairman, once again, the Republican and so forth, it clarifies what the defi- Mr. ABERCROMBIE. Mr. Chairman, leadership is seeking to divide the American nition of a marriage is. A marriage is that is not the position of the State of people by appealing to our emotions and between one man and one woman. Not Hawaii, that this is a good thing. What fears. more, not less, not anything else out is trying to be determined now is what Rather than working to protect middle-class there, but, clearly, for the first time, it is imperative based on the Hawaii families in this changing economy, the GOP defines for the purposes of Federal law State Constitution. As for the recita- prefers to divert everyone's attention from Re- only. tion about the Lambda Defense Fund, publican efforts to cripple Medicare and cut Certainly we should not allow one the Lambda Defense Fund turned down taxes for the rich. State, whether it be Hawaii or any the people in Hawaii. They did not Why, Mr. Chairman, are we targeting gays other State, to, in effect, establish want to participate in this. and lesbians, blacks, and immigrants this what the Federal law will be in regards Mr. CANADY of Florida. Mr. Chair- year, now, today? The answer, pure and sim- to what a marriage is. man, reclaiming my time, the gen- ple, is politicsÐelection year politics. The Re- Second, as we discussed already tleman will have to continue that on publicans will stop at nothing to win the White today, it gives the States the right to his own time. I would suggest to the House and the Congress. They will fan the recognize or not to recognize these gentleman that the documents pro- flames of intolerance and bigotry right up to types of marriages. it does not prohibit vided by the Lambda Legal Defense November. And if the result is an election marriages of same sex but it gives the Fund are very clear, and I do not think wonÐat the expense of national unityÐtheir States those rights to do it. And once there is much mistaking what the ob- attitude is, so be it. again it would not be appropriate and jective is behind this whole effort. By the time my Republican colleagues are it would not be fair and it would not be It may not turn out that way, even in done, this country will be a boiling cauldron. right to those other States out there to the absence of this bill, but there is a This bill doesn't prevent a single divorce, a have their laws controlled in this type risk that it would and we are trying to single case of spousal abuse, or protect the of very nontraditional sense by one address that risk. That is very clear. institution of marriage. small State, whichever it might be. There is no reason to be confused about Mr. Chairman, America was settled by peo- Again I urge my colleagues to vote it. We are trying to deal with that un- ple fleeing the intolerance and bigotry preva- against this and support the underly- certainty. lent in Europe. Our Nation has always been a ing bill. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7491 Mr. CANADY of Florida. Mr. Chair- the final resolution of this chapter. We heterosexual relationships? Should this man, I reserve the balance of my time. are going to prevail, Mr. Chairman. Congress tell the children of America Mr. FRANK of Massachusetts. Mr. And we are going to prevail just as that in the eyes of the law the parties Chairman, I yield the balance of my every other component of the civil to a homosexual union are entitled to time to my colleague, the gentleman rights movement in this country has all the rights and privileges that have from Massachusetts [Mr. STUDDS]. prevailed. In the words of the great Dr. always been reserved for a man and The CHAIRMAN. The gentleman King, as echoed so eloquently last woman united in marriage? from Massachusetts [Mr. STUDDS] is night by the distinguished gentleman To all these questions the opponents recognized for 31⁄4 minutes. from Georgia, this country is going to of this bill say yes. They say a resound- (Mr. STUDDS asked and was given rise up and live out the true meaning ing yes. They support homosexual mar- permission to revise and extend his re- of its creed. riage. They believe that it is a good marks.) There is nothing any of us can do thing. They believe that opposition to Mr. STUDDS. Mr. Chairman, earlier today to stop that. We can embrace it same-sex marriage is immoral. They this morning, I think somewhere warmly, as some of us do; we can resist want to tell the children of America around a quarter of two, I observed it bitterly, as some of us do; but there that it makes no difference whether with some sadness that there was an is no power on earth that can stop it. they choose a partner of the opposite imbalance between the two aisles in Mr. CANADY of Florida. Mr. Chair- sex or a partner of the same sex; that this debate. man, I yield myself the balance of my the law of this land is indifferent to Words have been thrown around. Al- time. such matters. though they have not been taken down In the course of the debate last Those of us who support this bill re- or requested to be taken down, today I evening and today we have heard many ject the view that such choices are a wrote down so far promiscuity, perver- things from the opponents of the De- matter of indifference. We reject the sion, hedonism, narcissism, well, that fense of Marriage Act. They have said view that the law should be indifferent may be in this House, depravity and much about those who support this bill on such matters, and in doing so I sin. All, I regret to say, from the same and those who oppose same-sex mar- think it is unquestionable that we have side of the aisle. riage. They have described opposition the overwhelming support of the Amer- I also thought for a moment I was in to same-sex marriage and support for ican people. some kind of a revival meeting and was this bill as laughable, prejudiced, mean I would urge my colleagues to listen about to be preached at from Leviticus. spirited, cruel, bigoted, despicable, to the American people, defeat this The particular chapter which was im- hateful, disgusting, and ignorant. amendment and pass this bill. plicitly cited from Leviticus is not One of the leading opponents of the Mr. SKAGGS. Mr. Chairman, first, let me very popular in my district because the bill has described opposition to same- say that this has been one of the toughest next verse forbids the eating of shell- sex marriage as being based on the mo- votes I've had to cast in Congress. I fully em- fish, and I would caution people in cit- rality of the club. In the course of this brace the idea that marriage is an institution ing that. debate those making these assertions that historically, culturally, and morally is set Let me also just ask my Republican have congratulated themselves on the aside to recognize and respect the union of a colleagues. One of them even boasted a quality of the debate they have en- man and a woman. If this bill were a resolu- tion affirming that proposition, I'd gladly have moment ago and asked people to notice gaged in. the partisan divisions here. If ever In my view, all of this is an insult to voted for it. Unfortunately, this bill went far beyond that there was a nonpartisan issue here, the American people, 70 percent of simple affirmation, entering uncharted and this is it. Sexual orientation is the whom oppose same-sex marriages. Sev- very troubling constitutional territory, as well same in Republican families as in enty percent of the American people as being motivated on the part of some of its Democratic families, in Republican are not bigots, 70 percent of the Amer- advocates by a gratuitous hostility toward gays Members as in Democratic Members, as ican people are not prejudiced, 70 per- and lesbians. At best, it is unnecessaryÐfor in the general population. It is a sad cent of the American people are not reasons I'll explain; at worst, it is dangerousÐ and tragic political mistake, never mean spirited, cruel, and hateful. It is for reasons I'll explain. mind a moral mistake, for a party to a slander against the American people Much has been made of the argument that do this. I think that lesson should have themselves to assert that opposition to Hawaii is about to legalize same-sex marriage. been learned 4 years ago. same-sex marriage is immoral. The truth is, nobody knows what decision the I observed last night, Mr. Chairman, All of this rhetoric is simply designed courts in Hawaii may make or when they will that it is a mistake sometimes to say to divert attention from what is really make it. The Hawaii Supreme Court has re- this is the way things have always been at stake here. It is designed to obscure manded to a trial court, for a trial on the mer- and, therefore, that is good and they the fundamental question that is raised its, a case brought asserting the claim that the should always be that way. When this by this bill. It is calculated as a dis- Hawaii State Constitution requires recognition country was founded our revered Con- traction. It is an attempt to evade the of same-sex marriage because that Constitu- stitution was written in part by men basic question of whether the law of tion prohibits gender discrimination. That trial who owned slaves. Women themselves this country should treat homosexual is scheduled for later this year; with inevitable were, in most of these States of ours, relationships as morally equivalent to appeals, no final, appellate decision is likely were virtually chattel. They did not heterosexual relationships. That is before late 1997 or early 1998. In other words, have the right to own property. People what is at stake here. there's no crisis; no imminent threat of same- of color were property for many years Should the law express its neutrality sex couples from Hawaii presenting them- after this country was founded. And between homosexual and heterosexual selves as married in other States. And so, even thereafter, for many years, the relationships? Should the law elevate there's nothing that demands precipitous ac- different races were not allowed to homosexual unions to the same status tion by Congress on this question. marry. as the heterosexual relationships on In addition to borrowing trouble in assuming I wish Members were here last night which the traditional family is based, a the Hawaii case may turn out adversely with to hear our distinguished colleague status which has been reserved from respect to the traditional view of marriageÐa from Georgia, Mr. LEWIS, because time immemorial for the union be- view I shareÐthis legislation is most likely through him came the words and the tween a man and a woman? completely unnecessary insofar as it purports spirit of a very great American, Dr. Should this Congress tell the chil- to grant States powers the States already pos- King. And this is, whether Members dren of America that it is a matter of sess to reject recognition of same-sex mar- like to hear it or not, the last unfin- indifference whether they establish riages. This point involves an examination of ished chapter of civil rights in this families with a partner of the opposite an obscure provision of the U.S. Constitution, country. sex or cohabit with someone of the article IV, section 1, known as the full faith Although I have no doubt, I do not same sex? Should this Congress tell the and credit clause. That provision reads as fol- think anybody in this room has any children of America that we as a soci- lows: doubt, about the outcome of the vote ety believe there is no moral difference Full Faith and Credit shall be given in today, I have equally no doubt about between homosexual relationships and each State to the public Acts, Records, and H7492 CONGRESSIONAL RECORD — HOUSE July 12, 1996 judicial Proceedings of every other State. back-door authority for Congress by law to out to my colleagues in reaffirming the institu- And the Congress may by general Laws pre- greatly expand the now very-limited public-pol- tion of marriage as we know and understand scribe the Manner in which such Acts, icy exception to full faith and credit. But think it. Throughout these discussions, I have sug- Records and Proceedings shall be proved, and about that. the Effects thereof. gested to my gay and lesbian friends that we If you can believe it, we have here an alleg- should not resort to some semantic debate The Framers included this clause, borrowed edly State's-rights-minded Congress offering about the word ``marriage.'' from the Articles of Confederation and then up new constitutional theory to justify a whole expanded significantly, to make sure these new basis on which to nationalize and central- As this issue evolved, I went to Chairman States were truly united, and not a mere legal ize vast areas of law heretofore left to the HYDE and to Speaker GINGRICH. I said to patchwork. The gist of the clause is that each States. If this rational is sound in this instance them, ``I am willing to join with you in reaffirm- State must honor the official acts and judicial as to same-sex marriagesÐand I don't believe ing the definition of marriage, tho I am a gay proceedings of the others. it isÐthen what are the bounds of this new man. All I ask in return is that you remove the However, there soon grew up, in judicial in- Congressional power to preempt State law `meanness, prejudice, and hatred' surrounding terpretation of this clause, what's known as under the guise of ``by general Laws this issue.'' the public policy exception. Related primarily prescrib[ing] * * * the Effect thereof''? I this I went further. to the very question of the circumstances legislation permits State A to ignore the final under which one State must recognize a mar- judgment of the courts of State B as to any The debate fails to recognize the painful re- riage performed in another State, the courts claim derived from a same-sex marriage, then ality thrown on many innocent people who have held that a State can assert its own there is no constitutional bar to our passing a happen to be in long-term relationships out- overriding public policy in refusing to recog- law authorizing State A to ignore State B's no- side of marriage. For example, if I should get nize an out-of-State marriage that runs fault divorce decrees, or anything else. sick, should not my partner have automatic counter to its public policy. The cases here It should be self-evident that this is an ex- visitation rights? Should he not have automatic have dealt with such factors as under-age traordinarily dangerous constitutional prece- consultation rights with the attending physi- marriages, incestuous marriages, and polyg- dent. It takes the objective of the full faith and cian? I think most would say ``yes.'' But I have amous marriages. But the principle is well es- credit clause in unifying the States and assur- letters from many people in my office indicat- tablished and can certainly be extended by ing interstate comity, and turns it on its head. ing that from cancer to AIDS, they have been any State to the matter of same-sex mar- The potential for mischief and invidious intru- denied this basic right. riages. In fact, some 14 States have already sion of the Federal Government into State af- Second, a close friend of ours recently lost acted to assert such a public-policy position, in fairs boggles the mind. his partner of 16 years to AIDS. While the I wish to preserve the institution of marriage anticipation of the possibility that they'll face hospital in Washington respected the relation- for the honorable and traditional relationship the question. ship and gave him visitationÐsomething between a man and women. But reserving There is broad consensus among constitu- worse happened after his partner's death. The that word for that institution means just that. tional scholars that the full faith and credit funeral home would not allow him to sign any I also recognize that gay and lesbian cou- clause already permits such State initiative in of the documents or arrangement forms. behalf of protecting the supremacy of one ples seek legal recognition and permanence State's public policy as against another's at- for their relationships and the rights and re- Third, I have a 13-year relationship with my tempt to legalize same-sex marriage. There- sponsibilities that flow from those relation- partner. Yet, while some of my congressional fore, no need exists for Congress to enact a ships. I hope this society, and its political and colleagues are in their second or third mar- law granting States the power or discretion legal institutions, can move to accommodate riageÐtheir spouse receives the benefits of they already enjoy under the public-policy ex- the legitimate needs of gay and lesbian citi- their health insurance, and automatically re- zens in this respect. No one, I believe, would ception to the full faith and credit clause. Or, ceives their survivor benefits should that want, for example, to deny a claim of inherit- put differently, this legislation is unnecessary. occur. Why should they be given these bene- ance, or of participation in terminal health care Certainly, we've got enough legitimate work to fits, when my partnerÐin a relationship much decisions, for the life-long partner of a gay do around here without passing laws telling longer than theirsÐis denied the same? man or lesbian woman. Yet, by refusing as the States they have powers that they are al- part of this legislation even to permit a formal Many corporations would like to extend such ready known to have. study of disparate treatment of domestic part- benefits to the domestic partners of their em- But wait a minute. Perhaps, the States don't nerships in these areas, the proponents of this ployees. The problem is that there is no have quite all the powers this bill would give legislation may reveal their real motivation. agreement on a civil process to recognize le- them, because it also apparently would grant Because there is no imminent problem of gitimate long-term relationships from those States the power to ignore certain final judicial same-sex marriage-being legalized, because, who would simple seek to fraud the system. proceedings concluded in another State. The even if there were, the full faith and credit These are just some of the basic questions public-policy exception has not previously clause's public-policy exception already gives that our society must and should ask. If we been construed to go that far. States the power not to recognize such a mar- seek civility, mutual respect, and the pro- What does that really mean? Where does it riage, because this legislation is therefore un- motion of long-term relationshipsÐin marriage come from? I believe that dimension of this necessary, because in its insinuation of new or otherwiseÐthen we have no choice. Ac- legislation can only be rationalized constitu- and constitutionally suspect congressional cordingly, I asked my leadership to accept an tionally as falling under the scope of the last power under ``the Effects thereof'' phrase this amendment I or others would offer creating a three words of the full faith and credit clause, legislation is unwise, and because so many commission to look at such questions. which provide that ``Congress may by general advocates of the legislation, by their approach, Laws prescribe * * * the Effect thereof.'' (Em- seem primarily moved to demonstrate a gratu- Chairman HYDE responded that while he phasis added.) itous disrespect for some citizens based on could not support a commission, he would We have no explicit Supreme Court inter- their sexual orientation, I cannot support it and support a GAO study of such questions. pretation of these words to rely on. One possi- will vote against it. Based upon this act of goodwill, I developed bility is a fairly limited meaning, consistent with My faith in the fair-mindedness of the Amer- an amendment to accomplish this goal. We the notion that Congress can figure out how ican people is unshakable. This legislation is created an amendment which would call upon best to implement and give effect to the inter- not true to that wonderful American virtue. GAO to look at the question of the differences state rights and responsibilities already pre- Mr. GUNDERSON. Mr. Chairman, I am a in benefits, rights, and privileges available to scribed by the earlier words in the clause. If traditionalist. My entire life's environment and persons in marriage versus those in a domes- this is correct, ``the effect thereof'' can't be the upbringing have created within me a respect tic partnership. The study would look at State basis for expanding the public-policy exception for traditional values. Theology interprets mar- laws on these questions, Federal differences beyond the bounds that already exist. And, if riage as a union between one man and one in benefits, and even how other nations re- that's the case, then again, this legislation is woman. Random House Dictionary defines sponded to such relationships. The study merely redundant and unnecessary. marriage as a union between man and would be complete by October 1997. It would The other possible reading of these words, woman. not change any policy. Rather, it would simply and the one evidently asserted by the pro- Accordingly, tho I am a gay man in a 13- provide the basis of information necessary for ponents of this legislation, is that they provide year relationship, I was fully prepared to reach rational discussions in the future. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7493

To their credit, both Mr. HYDE and Speaker was that the President would veto this legisla- tween one man and one woman as husband GINGRICH told me personally they believed tionÐand it would be used against him. When and wife. This act will protect the institution of there was merit in my proposal. However, the President announced that he would sign marriage which has been and will remain the when this amendment was offered to the the bill, the focus then was directed on finding foundation of Western civilization. Rules Committee for considerationÐit was de- some Democrat in a marginal district that Mr. COYNE. Mr. Chairman, H.R. 3396, the nied recognition before the full House. would vote against the bill on principle, only to Defense of Marriage Act, presently before the Unfortunately, this action exposes those then lose the political debate back home. House is unnecessary, untimely, purports to who advance this legislation for their real If there was a legitimate desire to reaffirm solve a problem that does not exist, professes goals. There is no sincere attempt to simply marriage in a civil, respectful, and realistic way to defend an institutionÐmarriageÐthat is not reaffirm marriage. There is certainly no at- that recognized the reality of long-term rela- under attack in the manner suggested by the tempt to respond to legitimate and real issues tionships in America today. I reached out to legislation, and violates the full faith and credit facing many Americans in 1996. There is, un- my leadership to find a common middle clause of the Constitution. This legislation is fortunately, every attempt to pursue a mean, groundÐachieving their goals, without the ha- before us as part of a political agenda and for political-wedge issue at the expense of the tred, prejudice, meanness, and insensitivity di- no other reason. It is a proposed solution look- gay and lesbian community in this country. rected to those who happen to be gay or les- ing for a problem. And it hurts me deeply to say that about my bian. That good faith effort was intentionally This legislation is simply yet another attempt own party. rejected. by the Republican majority to shift the Nation's This legislation will do nothing to defend I am willing to reach out, listen to, and work attention away from their extreme agenda that marriage. May I suggest that no gay man is with all elements of society to find common hurts children, the elderly, and the poor. Under after your wives, and no lesbian is after your ground upon which we as a diverse nation current law, States will continue to be free to husbands. If marriage is at risk in this country, might go forward. I am not willing, however, to decline to recognize same-sex marriages if and it may beÐthere are other more real fac- participate in a blatant attempt to score politi- they choose. To date, nearly 80 percent of the tors at the heart of this problem. May I sug- cal points at the expense of those in our soci- StatesÐ37Ðhave already addressed the gest that alcohol abuse, spousal abuse, and ety who might be gay or lesbian. Therefore, I issue of same-sex marriages in their legisla- even Sunday football are far more likely to de- must oppose this bill. tures. Eighteen States thus far have had legis- stroy marriage. Perhaps if people really meant Mr. WELDON of Florida. Mr. Chairman, as lation banning same-sex marriages either fail it when they said their marital vows, marriage a cosponsor of H.R. 3396, the Defense of or die in the legislative process and 13 States would be more stable. Perhaps if people were Marriage Act, I rise in strong support of the have passed legislation that would deny rec- more willing to pursue marriage counseling, bill. We must work to strengthen the American ognition to same-sex marriages. In fact, the when necessary, the institution of marriage family, which is the bedrock of our society. House of Representatives in my State of would be better off. There may be a problem, And, marriage of a man and woman is the Pennsylvania voted on June 28th of this year but we ought to go after the legitimate cause foundation of the family. The marriage rela- to prohibit same-sex marriages. These statis- of that problem, not some scapegoat for politi- tionship provides children with the best envi- tics hardly present a compelling mandate for cal gain. ronment in which to grow and learn. We need the Federal Government to step in and rescue Is this legislation necessary? No. There is to work to restore marriage, and it is vital that the States. not a single State in the Union today where we protect marriage against attempts to rede- Unlike the future solvency of the Medicare gay and lesbian marriages are legal. There fine it in a way that causes the family to lose Program or the problems associated with en- exists only one State in the Nation that even its special meaning. In the 1885 case of Mur- suring that all Americans have the opportunity is debating such an issue in the courtsÐand phy v. Ramsey, the U.S. Supreme Court de- to earn a living wage and enjoy a decent re- that State's court will not decide the issue for fined marriage as the ``union for life of one tirement, establishing a Federal definition of at least 2 years. man and one woman in the holy estate of marriage, when every State has already ad- Is this legislation constitutional? I am not a matrimony.'' dressed this issue, is not the most pressing lawyer, but the constitutional scholars I have Unfortunately, the courts of Hawaii are in item of business before Congress. There is no spoken with and whose opinions I have read the process of deciding if the State is going to clear and compelling reason to address this say that, ultimately, it will be declared uncon- sanction marriages between people of the issue at this time. stitutional. Simply stated, the second sentence same sex despite the Hawaiian people's clear I oppose this legislation because I believe of the full faith and credit clause of the Con- rejection of such a policy change. The reper- that States should continue to have the free- stitution permits Congress only to specify the cussions could be felt by the Federal Govern- dom to define their own policies toward mar- conditions under which one State must recog- ment and the other 49 States almost imme- riage as they have had for the past 220 years. nize the public acts and records of another diately. The full faith and credit provisions of Mr. ENSIGN. Mr. Chairman, I rise in support State. Congress is not given the authority to the Constitution, article IV, require recognition of H.R. 3396, the Defense of Marriage Act. override the mandate of the first sentence of the ``public Acts, Records, and judicial Pro- The need to enact legislation to preserve which requires one State to give full faith and ceedings'' of each State. However, Congress the fundamental definition of matrimony as a credit to the laws of another State. Similarly, has the authority to prescribe the manner in union between one man and one woman is to the extent that the legislation creates a sta- which such acts, records, and proceedings pressing and necessary. This legislation is not tus-based classification of persons for its own shall be proved, and the effect thereof. about mean-spirited antics or election year sake, it violates the recently articulated prin- Federal policies could be dramatically af- politics. A pending ruling by a Hawaii court ciple in the landmark case of Romer versus fected by the Hawaii decision since the Fed- could legalize same-sex marriages in that Evans which was decided on May 20 of this eral Government generally recognizes State State. According to the full faith and credit year. documents in granting benefits and privileges clause of the Constitution, unless Congress Is this legislation morally principled? Per- to married individuals. Veterans' benefits, says otherwise, the other 49 States in the haps, more than anything else, my colleagues labor policies, Federal health and pension Union would be required to abide by the Ha- advancing this legislation believe they are ad- benefits, and Social Security benefits are just waii decision. Requiring the entire Nation to vancing the basic Judeo-Christian ethics of a few of the areas that would be subjected to discard the will of the clear majority of Ameri- our Nation. I would encourage them to pursue substantive revision if Congress does not act cans undermines our democracy and would a closer analysis of the Bible. No where in the soon. I think it would be wrong to take money deny other States the opportunity to enforce Bible does Jesus condemn homosexuality. out of the pockets of working families across laws banning the recognition of same-sex There are many places where Jesus con- America and use those tax dollars to give marriages. demns divorce. How can people, who have Federal acceptance and financial support to The time-honored and unique institution of been divorced, suggest that they can defend same sex-marriages. Without the passage of marriage between one man and one woman is marriage by condemning hoe involved in sin- the Defense of Marriage Act, this would be the a fundamental pillar of our society and its val- gle-sex relationships? case. ues. The Defense of Marriage Act does not Mr. Chairman, this legislation before us it The American people clearly recognize the deny citizens the opportunityÐeither through not a priority in the eyes of the American peo- importance of protecting the sanctity of mar- their elected representatives or ballot referen- ple. We are not responding to some public de- riage. We should not be forced to give public dumÐto enact legislation recognizing same- mand or crisis. Rather, this legislation was de- sanction to relationships that clearly fall out- sex marriages or domestic partnerships within signed, pure and simple, to drive some politi- side the scope of our Nation's traditional un- their own borders. The Defense of Marriage cal wedge for political gain. The first hope, derstanding of marriage as the legal union be- Act says that States should determine their H7494 CONGRESSIONAL RECORD — HOUSE July 12, 1996 own policy and that the Federal Government are yielding to ‘‘spouse,’’ a vague usage that establish common-law marriages based on has a right to define who is entitled to benefits benefits no one but gays. Gov. Roy Romer re- seven years of cohabitation. But gays reject as a spouse. This legislation is consistent with cently vetoed Colorado’s proposed anti-gay these half measures, comparing them to the the need to return power and decisionmaking marriage law, calling it ‘‘mean-spirited,’’ a irregular marriages of slavery, when couples word that functions in America like the bell ‘‘jumped over the broom.’’ to the States where it rightfully belongs. in Pavlov’s laboratory. And now Bill Clinton Mr. Chairman, I think it is important to care- All attempts at compromise elicit cries of has announced, through his gay-liaison of- ‘‘Second-class marriage!’’ and lead to law- fully examine the issue of same-sex marriages fice, that he is ‘‘personally opposed’’ to ho- suits under the Americans with Disabilities and separate two fundamental issues. The mosexual marriage. This phraseology, a sta- Act. Calling themselves ‘‘connubially chal- first issue involves the question of whether in- ple of the abortion debate, is a reminder not lenged,’’ gays will sue the Christian Coali- dividuals have a right to privacy and the to let our premises stand in the way of our tion for forcing them to lead immoral lives. choice to live as they see fit. I think most conclusions. Arguing that marriage will keep them from Americans, myself included, would agree that The major brainwashing, soon to begin, promiscuity, which will keep them from get- will proceed as follows. ting AIDS, they will equate prohibition of everyone should have the right to privacy. The Magazines will run cover stories that second issue involves the question of whether same-sex marriage with capital punishment. thinking Americans—all 17 of us—recognize A Clinton judicial appointee will find the all States must follow Hawaii's example, and as that brand of persuasion called ‘‘nibbled ‘‘right’’ to gay marriage lurking under a con- has greater societal and constitutional implica- to death by a duck.’’ Time does ‘‘Debating stitutional penumbra, and CNN will give a tions than the issue of privacy. The Defense of Same-Sex Marriage’’ and Newsweek does 900 number so viewers can vote yes to prove Marriage Act addresses the second issue and ‘‘Rethinking Gay Marriage.’’ Lofty opinion they aren’t racists. does nothing to deny an individual his or her journals weight in with ‘‘A Symposium on,’’ I find it ironic that gays are now singing right to privacy. ‘‘In Defense of,’’ and ‘‘Voices from,’’ while the praises of wedded bliss in terms that During a time when the traditional two-par- Parade does ‘‘If They Say I do’ . . . Will We were the bane of my existence forty years Say ‘You Can’t’ ’’ Cover art consists of a pair ent family is becoming the exception, I believe ago, when ‘‘settling down’’ proved you were of wedding rings sporting identical biological ‘‘mature and responsible.’’ If they keep it up, it is important to reaffirm our commitment to signs: two arrow-shooting circles for men, ensuring that moms and dads are encouraged they will corroborate the English prostitute two mirror-handle circles for women. We will who plied her trade in the States and wound and strengthened in the task of raising their start seeing these logos in our sleep. up in a book about American sexual atti- Next, the pundits. Molly Ivins writes children. tudes. A great many of her clients, she said, ‘‘Bubba, Hold Yore Peace.’’ Ellen Goodman I urge my colleagues to support this legisla- showed her photos of their wives and chil- waxes earnest about tradition versus change tion. dren. Clearly bemused, her sign almost audi- in ‘‘Something Old, Something New,’’ Ruth Mr. SMITH of Texas. Mr. Chairman, I rise in ble on the page, she added: ‘‘Yanks are born Shalit writes something borrowed, and Rich- strong support of H.R. 3396, the ``Defense of married.’’ ard Cohen, Victim America’s identifier-in- Marriage Act.'' chief, does a column called ‘‘We’re All Sin- My personal opinion of marriage reflects Many of my colleagues today will give elo- gle.’’ my status as a pariah in the Fifties snuggery quent legal arguments in favor of this legisla- Arianna Huffington will figure out a com- of joined-at-the-hip Togetherness. ‘‘Rather a tion. Rather than focus on the legal need for passionate way to be against gay marriage, beggar woman and single be, than Queen and this legislation, I would like to discuss some of but most conservatives stand to fare badly in married,’’ said Elizabeth I, and so say I. My objective opinion, however, conforms with the reasons why I feel it is morally necessary. this debate. Will Durant wrote, ‘‘When reli- gion submits to reason it begins to die.’’ In Timothy Dwight: ‘‘It is incomparably better Same-sex ``marriages'' demean the fun- that individuals should suffer than that an damental institution of marriage. They legiti- a media-saturated society teeming with talk-show producers casting dragnets over institution, which is the basis of all human mize unnatural and immoral behavior. And think tanks, proponents of gay marriage, good, should be shaken or endangered. they trivialize marriage as a mere ``lifestyle win merely by being scheduled. By contrast, [From the Washington Post, May 21, 1996] choice.'' the conservative instinctively recoils from NOT A VERY GOOD IDEA The institution of marriage sets a necessary analyzing eternal verities. He may know the and high standard. Anything that lowers this words to legal arguments such as ‘‘the need (By William J. Bennett) standard, as same-sex ``marriages'' do, inevi- to show a compelling state interest, etc,’’ We are engaged in a debate which, in a less tably belittles marriage. but he doesn’t know the tune. In the final confused time, would be considered pointless Traditional marriage has served across the analysis he believes in the sanctity of mar- and even oxymoronic: the question of same- majority of cultures as a foundation for a sta- riage ‘‘just because.’’ sex marriage. To liberals, the just-because mindset be- But we are where we are. The Hawaii Su- ble society. Undermining traditional marriage tokens racism. Therefore, anyone who op- by forcing States to legalize same-sex ``mar- preme Court has discovered a new state con- poses gay marriage must hate blacks. Anti- stitutional ‘‘right’’—the legal union of same- riages'' will have far-reaching social con- gay marriage laws will be equated with the sequences. The attempt to legitimize same- sex couples. Unless a ‘‘compelling state in- old anti-miscegenation laws, producing tor- terest’’ can be shown against them, Hawaii sex ``marriages'' threatens our cultural values tured sophistry about ‘‘the difference be- will become the first state to sanction such that have proved their worth down the cen- tween race and sex.’’ The liberal will claim unions. And if Hawaii legalizes same-sex turies. that all differences are the same, forcing the marriages, other states might well have to Those who seek to overturn our system of conservative to claim that some differences recognize them because of the Constitution’s values are attempting to achieve not just tol- are more different than others. Caught in an Full Faith and Credit Clause. Some in Con- Orwellian trap, terrified of being called a eration of their behavior, but full social accept- gress recently introduced legislation to pre- racist, he will seek safety in a soundbite of vent this from happening. ance as well. We should not undermine the chortling folksiness. standards that elevate civilization. ‘‘When a baby is born, people don’t say ‘it’s Now, anyone who has known someone who We must act now to preserve traditional white’ or ‘it’s black,’ they say ‘it’s boy’ or has struggled with his homosexuality can ap- marriage as the foundation of American soci- ‘it’s girl.’ ’’ preciate the poignancy, human pain and Because this makes no sense, it becomes sense of exclusion that are often involved. ety. I urge my colleagues to defend the institu- One can therefore understand the effort to tion of marriage by voting ``yes'' on H.R. 3396. instantly popular. Repeated incessantly on talk shows, it starts running through our achieve for homosexual unions both legal [From the National Review, June 3, 1996] heads like the beat-beat-beat of the tom- recognition and social acceptance. Advocates THE MISANTHROPE’S CORNER toms in ‘‘Begin the Beguine,’’ intensifying of homosexual marriages even make what (By Florence King) when Bob Dole soundbites it into a back-to- appears to be a sound conservative argu- Gay marriage is a consummation devoutly basics vision of blood and sex and whatever ment: Allow marriage in order to promote to be missed, but it’s a dead cert. If you in a prime-time press conference. faithfulness and monogamy. This is an intel- doubt it, try to remember the last time Then Jesse Jackson and the feminists ligent and politically shrewd argument. One America turned down a vocal minority. In change the word order, ostentatiously plac- can even concede that it might benefit some the Sixties we were the Girl Who Can’t Say ing ‘‘black’’ before ‘‘white’’ and ‘‘girl’’ before people. But I believe that overall, allowing No, but she was a font of virtue compared to ‘‘boy’’. Remembering to say it the PC way same-sex marriages would do significant, what we are now. Overcome by miasmic becomes such an overriding obsession that long-term social damage. gases of diversity and inclusion wafting from we forget what it has to do with gay mar- Recognizing the legal union of gay and les- the Nineties swamp, we have turned into the riage, especially after Clarence Page points bian couples would represent a profound Punchdrunk Kid, a twitching lummox with out that in slave days the color of a baby was change in the meaning and definition of mar- cauliflower ears who mumbles ‘‘Sure, Jake, indeed the first thing people noticed. riage. Indeed, it would be the most radical sure’’ to everybody. Soon, Republicans panicked by mounting step ever taken in the deconstruction of soci- The preliminary stage of brainwashing is accusations of racism suggest that gay cou- ety’s most important institution. It is not a already underway. ‘‘Husband’’ and ‘‘wife’’ ples be allowed to register their unions and step we ought to take. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7495 The function of marriage is not elastic; the front page, gay and homosexual,’’ according believe it shouldÐit would simply exempt a institution is already fragile enough. Broad- to one psychologist who works with the State from legally recognizing a marriage that ening its definition to include same-sex mar- schools. ‘‘Kids are jumping on it . . . [coun- did not fit it's own definition of marriage. riages would stretch it almost beyond rec- selors] are saying, ‘What are we going to do States would still be free to recognize gay ognition—and new attempts to broaden the with all these kids proclaiming they are bi- definition still further would surely follow. sexual or homosexual when we know they marriages if they so choose. However, and On what principled grounds could the advo- are not?’ ’’ most importantly, this act would define ``mar- cates of same-sex marriage oppose the mar- If the law recognizes homosexual mar- riage'' as ``only a legal union between one riage of two consenting brothers? How could riages as the legal equivalent of heterosexual man and one woman as husband and wife'' at they explain why we ought to deny a mar- marriages, it will have enormous repercus- the Federal level. This Federal definition would riage license to a bisexual who wants to sions in many areas. Consider just two: sex ensure that a State could not define a ``mar- marry two people? After all, doing so would education in the school and adoption. The riage'' that the Federal Government would be a denial of that person’s sexuality. In our sex education curriculum of public schools have to recognize. If the Federal Government time, there are more (not fewer) reasons would have to teach that heterosexual and than ever to preserve the essence of mar- homosexual marriage are equivalent. does not act now, and Hawaii legalizes homo- riage. ‘‘Heather Has Two Mommies’’ would no sexual marriage, the Federal Government Marriage is not an arbitrary constrict; it is longer be regarded as an anomaly; it would would then be obliged to provide the same an ‘‘honorable estate’’ based on the different, more likely become a staple of sex education benefits that heterosexual marriages currently complementary nature of men and women— curriculum. Parents who want their children receive. Unless this bill is passed establishing and how they refine, support, encourage and to be taught (for both moral and utilitarian a Federal definition of marriage, all Americans complete one another. To insist that we reasons) the privileged status of hetero- will then be paying for benefits for homosexual maintain this traditional understanding of sexual marriage will be portrayed as intoler- marriages. marriage is not an attempt to put others ant bigots; they will necessarily be at odds Yes, we must put our foot down. Unless we down. It is simply an acknowledgment and with the new law of matrimony and its de- celebration of our most precious and impor- rivative curriculum. pass the Defense of Marriage Act, we will put- tant social act. Homosexual couples will also have equal ting our stamp of approval on gay marriages, Nor is this view arbitrary or idiosyncratic. claim with heterosexual couples in adopting forcing the rest of the Nation to follow the It mirrors the accumulated wisdom of mil- children, forcing us (in law at least) to deny whim of one State. This bill simply preserves lennia and the teaching of every major reli- what we know to be true: that it is far better the sanctity of the act of marriage between a gion. Among worldwide cultures, where there for a child to be raised by a mother and a fa- man and a woman. It is a bill which will en- are so few common threads, it is not a coin- ther than by, say, two male homosexuals. sure that each State will not have to follow the cidence that marriage is almost universally The institution of marriage is already reel- ing because of the effects of the sexual revo- lead of another on this issue. This bill will give recognized as an act meant to unite a man each State the leverage it deserves to decide and a woman. lution, no-fault divorce and out-of-wedlock To say that same-sex unions are not com- births. We have reaped the consequences of for itself whether or not to legalize gay mar- parable to heterosexual marriages is not an its devaluation. It is exceedingly imprudent riages. argument for intolerance, bigotry or lack of to conduct a radical, untested and inherently However, as we all know, this is more than compassion (although I am fully aware that flawed social experiment on an institution just a legal discussion. We are here because it will be considered so by some). But it is an that is the keystone in the arch of civiliza- the issue of gay marriages is a moral one. argument for making distinctions in law tion. That we have to debate this issue at all Marriage, no matter what your religious belief, about relationships that are themselves dis- tells us that the arch has slipped. Getting it is a sacred act. It is the joining of a man and tinct. Even Andrew Sullivan, among the firmly back in place is, as the lawyers say, a ‘‘compelling state interest.’’ a woman in a unity that is officially recognized most intelligent advocates of same-sex mar- by the State. Marriage is the foundation of our riage, has admitted that a homosexual mar- Mr. LIPINSKI. Mr. Chairman, I rise today to riage contract will entail a greater under- society; families are built on it and values are express my full support of the Defense of Mar- passed on through it. In our current age, standing of the need for ‘‘extramarital out- riage Act. The issue of homosexual marriage lets.’’ He argues that gay male relationships where the sanctity of marriage is constantly are served by the ‘‘openness of the contract,’’ is a major concern to many Americans, and I being compromised, I feel that we must seize and he has written that homosexuals should feel that the time has come for Congress to this rare opportunity to strengthen it. Homo- resist allowing their ‘‘varied and com- take a stand. What we say today and how we sexual marriages are not necessary; gays can plicated lives’’ to be flattened into a ‘‘single, vote on this bill have both legal and moral legally achieve the same legal ends as mar- moralistic model.’’ ramifications for years to come. We cannot sit riage through draft wills, medical powers of at- But this ‘‘single, moralistic model’’ is pre- by and do nothing. cisely the point. The marriage commitment torney, and contractual agreements in the Legally, the Defense of Marriage Act is what event that the relationship should end. There- between a man and a woman does not—it its title states. It will define the act of marriage cannot—countenance extramarital outlets. fore, asking the rest of the country to recog- By definition it is not an open contract; its for Federal purposes and preserve its sanctity. nize such marriages does nothing that the law essential idea is fidelity. Obviously that is Currently, Federal law has no definition of the cannot currently do, it is simply asking for spe- not always honored in practice. But it is nor- words ``marriage'' or ``spouse,'' even though cial privileges. mative, the ideal to which we aspire pre- the Federal Government uses those terms fre- I feel that marriage is not an area where the cisely because we believe some things are quently. Traditionally, it has relied upon the law should bend. Our Nation's moral fabric is right (faithfulness in marriage) and others relevant State's law when applying those based on this sacred institution. Homosexual are wrong (adultery). In insisting that mar- terms. However, today we are at a crossroads marriages would destroy thousands of years riage accommodate the less restrained sex- with this practice, and it is time to make a ual practices of homosexuals, Sullivan and of tradition which has upheld our society. Mar- his allies destroy the very thing that sup- choice. Right now a lawsuit in Hawaii may riage has already been undermined by no-fault posedly has drawn them to marriage in the lead to the legalization of homosexual mar- divorce, pregnancies out of wedlock, and sex- first place. riages in that State. The repercussions of such ual promiscuity. Allowing for gay marriages There are other arguments to consider a decision would legally affect us all. The full would be the final straw, it would devalue the against same-sex marriage—for example, the faith and credit clause of the Constitution re- love between a man and a woman and weak- signals it would send, and the impact of such quires that every State honor the ``Public Acts, en us as a Nation. I have received numerous signals on the shaping of human sexuality, Records and Judicial Proceedings of [every letters and calls from constituents asking me particularly among the young. Former Har- other] State unless specified by Congress.'' By vard professor E.L. Pattullo has written that to vote for this legislation. Literally thousands ‘‘a very substantial number of people are this clause, all 49 other States would then be of churches across the country have asked us born with the potential to live either required by law to recognize a marriage be- for our support. The American people have straight or gay lives.’’ Societal indifference tween members of the same sex as legal for spoken, and now we have the responsibility to about heterosexuality and homosexuality all State purposes. Further, because we cur- answer them. My fellow Congressmen and would cause a lot of confusion. A remarkable rently have no definition of marriage on the Congresswomen, I hope that you have the 1993 article in The Post supports this point. rule books, the Federal Government would be moral strength to vote with me for this bill so Fifty teenagers and dozens of school coun- forced to recognize such homosexual mar- that it may be passed. Our country's moral fu- selors and parents from the local area were riages for Federal benefit purposes. interviewed. According to the article, teen- ture depends on it. agers said it has become ‘‘cool’’ for students The Defense of Marriage Act would safe- Mr. JACKSON of Illinois. Thank you, Mr. to proclaim they are gay or bisexual—even guard the rest of the country from the decision Chairman, for the opportunity to address what for some who are not. Not surprisingly, the made by one State. The American people I fear to be the serious constitutional implica- caseload of teenagers in ‘‘sexual identity cri- might be surprised to learn that this bill would tions implicit in H.R. 3396, ``Defense of Mar- sis’’ doubled in one year. ‘‘Everything is not outlaw homosexual marriages; although I riage Act.'' Specifically, I am concerned that H7496 CONGRESSIONAL RECORD — HOUSE July 12, 1996 this bill poses serious constitutional questions because of ``the fear of the Congress over a form of legislation with respect to achieving on two grounds: First, the full faith and credit hundred years ago was that polygamous mar- the perceived governmental purpose of clause of the U.S. Constitution, and second, riages that were polemized in Utah would ``protect[ing] the institution of marriage'' by de- the equal protection clause of the U.S. Con- have to be recognized in the other States.'' fining a marriage only as ``a legal union be- stitution. This statement suggests that Congress con- tween one man and one woman as husband Upon hearing proponents of this bill argue templated over one hundred years ago that and wife.'' It thus follows that there does not that this bill does not violate the full faith and the drafters of the Constitution intended that seem to be a rational basis between H.R. credit clause of the U.S. Constitution, and all States, not only those which choose to, 3396 and the intended governmental purpose. after studying the analysis of constitutional ex- must give ``full faith and credit'' to the ``Acts, Moreover, the Supreme Court this term in perts, and in particular, Prof. Chai Feldblum of Records and judicial Proceedings'' of all other the case of Romer v. Evans 64 U.S.L.W. 4353 the Georgetown University Law Center, I feel States, including the recognition of out-of- (1996) rejected amendment No. 2 of the Colo- compelled to express my serious concerns on State marriage, and interpreted that require- rado State Constitution on the grounds that this point. ment to its most literal meaning. there was no rational basis between amend- IMPLICATIONS FOR THE FULL FAITH AND CREDIT CLAUSE Proponents of this bill argue that allowing ment No. 2's repudiation of special protection While the Supreme Court has not specifi- States to not recognize the public acts of an- for homosexuals and the State's articulated cally applied the full faith and credit clause to other is a constitutional exercise of Congress' governmental purpose. the status of marriage, we do know that there power under sentence two of the clause. Mr. Approximately 17 areas of federally enacted is absolutely no legal precedent for Congress Chairman, How can this be if this bill directly legislation and programs would be affected if to invite some States to ignore the official acts contravenes sentence one's mandate that this bill were to become law, specifically bank- of others. Mr. Chairman, section 2 of this bill every State is required to recognize the official ing; bankruptcy; civil service; consumer credit; adds a section to the Federal full faith and public acts and judicial proceedings of other copyright; education' Federal lands and re- credit statute, which is no doubt an unconstitu- States? sources; housing; immigration; judiciary; labor; tional attempt to do just this. If we are to follow the flawed logic of this ar- military; social security; taxation; veterans; the The full faith and credit clause of the U.S. gument, it would follow that sentence two of Soldiers' and Civil Relief Act; and, welfare. Constitution, article IV, clause 1, provides, and the clause must be read to say that States In effect, this bill would deny gay men and I quote: must recognize the official acts of other States women hospital visitation rights, health cov- Sentence One: except when Congress passes a law that says erage, and other forms of insurance, inherit- Full Faith and Credit shall be given in they don't have to. Mr. Chairman, this not only ance and taxation rights, government benefits each State to the public Acts, Records, and flies in the face of every States rights argu- for spouses, immigration rights for spouses, judicial Proceedings of every other State. ment I have heard from the majority since I and other rights. Just as the States should not Sentence Two: began serving in this body, but it also has the interfere in any way with religious ceremonies, And the Congress may by general Laws unconstitutional effect of amending the full religious groups may not govern who receives prescribe the manner in which such Acts, faith and credit clause of the Constitution with- a civil marriage license. This would in fact Records and Proceedings shall be proved, and out actually going through the very cum- pose serious problems for the fundamental the Effect thereof. bersome and challenging process of amending principle of the separation of church and state In other words, each State must give ``full the Constitution through a two-thirds majority implicitly established in the first amendment of faith and credit'' to other State laws, and must vote in both houses of Congress and ratifica- the U.S. Constitution. fully recognize the acts and proceedings of tion by the States. Mr. Chairman, when I came to Congress, I other States. For example, in the case of Wil- IMPLICATIONS FOR THE EQUAL PROTECTION CLAUSE placed my hand on the Bible and swore to up- liams v. North Carolina, 317 U.S. 287, 295 Additionally, H.R. 3396 could engender hold the Constitution; now, I am being asked (1942), the Supreme Court interpreted the equal protection challenges because the law to place my hand on the Constitution and up- clause as serving the purpose of ``alter[ing] the may not survive the rational basis test adopted hold the Bible, the Koran, the Torah, and other status of the several states as independent by the Supreme Court with respect to legisla- religious doctrine. The U.S. Constitution must foreign sovereignties, each free to ignore the tion establishing certain types of classifica- remain the supreme law of the land. This doc- obligations created under the laws or by the tions. H.R. 3396 would allow a State not to ument protects the rights of all to believe and judicial proceedings of the others, and to recognize same-sex marriages legalized in worship as they choose. make them integral parts of a single nation.'' other States if it so chooses. Therefore, it is I swore to uphold the Constitution against Never once has Congress implemented necessary to determine whether there is ra- enemies foreign and domestic, to protect mi- laws allowing States not to recognize certain tional connection between this law and the in- norities and minority viewpoints from the tyr- ``Acts, Records, and judicial Proceedings'' of tended governmental purpose it seeks to fur- anny of the majority, to protect African-Ameri- another State. In fact, Congress has height- ther. cans from racism, Jews from anti-Semitism, ened each State's recognition responsibilities In the case of Baehr v. Lewin, 852 P. 2d 44 Arabs from anti-Arabism, women from sexism, under the clause by enacting the following (Haw. 1993) the Hawaii State Supreme Court and gays and lesbians from homophobia and pieces of legislation: rejected the arguments made to deny the right discrimination. First, the Parental Kidnapping Prevention of two individuals of the same sex to marry on With this vote, I am sending a message to Act of 1990 requires States to enforce, not ig- the basis that Hawaii's State Constitution con- all coalitions that those who have sworn to nore, other States' child custody determina- siders classifications on the basis of sex to be protect the Constitution will do just that. We tions; suspect in nature and subject to strict scrutiny will protect their rights. Second, the Full Faith and Credit for Child analysis. However, for purposes of Federal If defense of marriage meant a job in every Support Orders of 1994 requires that other constitutional challenge, legal experts have household and adequate education for all chil- States enforce, not ignore, child support deter- come to the conclusion that the rational basis dren; if defense of marriage meant a single- minations of other States; and test would probably be used to consider the family home for all Americans; if defense of Third, the Safe Homes of Women Act of constitutionality of the H.R. 3396. marriage meant universal health care for all 1994 requires that States recognize, not ig- The authors content that H.R. 3396 is nec- Americans, then we would be truly addressing nore, the protective orders of other States to essary for the preservation of the institution of the moral crisis confronting the institution of protect victims of domestic violence. marriage, hence the title of the bill. However, marriage. Thus, Congress has only passed legislation would H.R. 3396 in fact allow the United We know, however, that the Defense of strengthening, not weakening, requirements States to further its interest in the preservation Marriage Act compels this Congress to exceed on States to recognize the ``Acts, Records and of the institution of marriage? Or put dif- the boundaries of its constitutional authority. judicial Proceedings'' of another. Therefore, it ferently, I have not yet heard of any empirical This bill offends the Constitution, by violating is undoubtedly clear why many constitutional data which may even mildly suggest the ra- both the full faith and credit and equal protec- scholars have concluded that Congress would tional and logical connection between H.R. tion clauses of this sacred document. go beyond the scope of its legislative powers 3396 and its intended governmental purpose. Whether churches choose to perform cere- under the Constitution in passing H.R. 3396. Considering that one in two marriages result monies is within the domain of the churches to It is noteworthy that during the subcommit- in divorce in the U.S., and that many children decide. Under the Constitution, our national tee consideration of this bill, Representative of heterosexual marriages are suffering from government must uphold the wall between SENSENBRENNER stated that Utah's admission family-unit-debacle, it is safe to conclude that church and state. We know that we cannot to the Union was delayed for several years H.R. 3396 is by far not the most appropriate dictate the churches' activities. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7497 It is also clear that the church cannot in- I recognize the general, pervasive discrimina- Mrs. MALONEY. Mr. Chairman, I rise in struct the government to restrict the rights of tion gay men and lesbians face in society and strong support of the Frank amendments to the church, their followers, or their faith; nor in this House. I also recognize that many will H.R. 3396, the Defense of Marriage Act. can the church call upon Congress to con- disagree with me, but by advocating discrimi- This has been a Congress that has repeat- travene or undermine the Constitution. nation, we're breaking down the bonds which edly talked about sending power back to the Both the Bible and the Constitution have a hold this Nation together when we should be States. role, but they are different roles. The Bible did strengthening them. I urge all my colleagues But now, all of a sudden, the Federal Gov- not free African-Americans, it saved African- to oppose this unfair, unnecessary and uncon- ernment must step in on the issue of mar- Americans and it saved me. The Emancipation stitutional legislation. riage, an issue which has always been de- Proclamation and the 13th amendment did not Mrs. COLLINS of Illinois. Mr. Chairman, I cided by the States. save me, but it did outlaw slavery. I am saved rise in support of the gentleman from Massa- Hawaii is now examining this issue, but the today because of the Bible, but I am in Con- chusetts' amendment that suspends the defini- court case is not expected to be settled for gress today because of the 14th amendment tion of marriage for any State that adopts a about 2 more years. and the Constitution as amended. different definition through its normal demo- From a legal perspective, because same- Mr. Chairman, in light of the foregoing, I cratic process. sex marriage is not legal, this bill is not nec- caution my colleagues to look closely at these Mr. Chairman, the so-called Defense of essary except as a direct attack on gays and issues before supporting this bill. Marriage Act should really be called the Re- lesbians. Ms. ESHOO. Mr. Chairman, I rise today in publican Offense on People Who are Different Constitutionally, this bill is also not nec- opposition to what I view as an unfair, unnec- Act because it is nothing more than blatant essary. According to the ``full faith and credit'' essary and unconstitutional bill. This measure homophobic gay-bashing. provision of the Constitution, States already will federally codify discrimination against a The conservative elements of our American have the power not to recognize same-sex group of Americans striking a blow to justice society have often discriminated against and marriages. and equal treatment for all people. tried to prevent whatever they didn't like or There is no clear, compelling reason for the Mr. Chairman, less than 30 years ago many didn't understand. It hasn't been so long ago Federal Government to step in nowÐexcept a in this Nation believed that allowing interracial that blacks and whites weren't allowed to purely political one. couples to marry would seriously denigrate marry in any State. So, devoted couples But this issue is more than a legal oneÐit American society, and many State laws re- pledged their commitment to caring for each is about civil rights, it is about fairness, and it flected that. The U.S. Supreme Court invali- other in private ceremonies, their children is about equal rights for all citizens. dated these laws, recognizing the freedom to were considered illegitimate, and the spouses Despite the rhetoric of the religious right, marry as ``one of the vital personal rights es- were not legally entitled to inherit from their one can honor the relationship between a man sential to the orderly pursuit of happiness by partners, nor share in any public benefits. and a woman without attacking lesbian and free men.'' Should the Federal Government And, not so long ago, 50 States and the gay people or their relationships. step in and dictate to States, it would be an District of Columbia had very different laws This issue is important to me because it is abrogation of States' rights. about who could marry, the age the partners important to my constituents. Currently, no State permits same-sex mar- had to be, the length of the waiting period be- Over 1,000 of my constituents have con- riages. Hawaii is debating the issue, but the tween applying for a marriage license and the tacted me to express their opposition to this final decision is not expected for another 2 ceremonyÐand they still do. Even now there blatant form of discrimination. years. Furthermore, States already have the are different laws about divorce, about resi- I agree with one writer who saidÐthis legis- capacity to determine whether they will recog- dency requirements to obtain a divorce, about lation is ``nothing more than an attempt to di- nize marriages performed in other States. the kind of alimony or support one spouse has vide the country by beating up on gay men to pay to another, and many other differences. Most importantly, in the entire history of this and lesbians.'' NationÐfor over 200 yearsÐnever has the The Federal Government sorts out who is eli- Another constituent added, ``Congress gible to benefit from public support from these Federal Government intervened in the State should be attending to the business of the spouses and former spouses, even as people regulation of marriage. Never. The 10th country, not attacking American citizens.'' move from one State to another; and the Fed- amendment to our ConstitutionÐwhich we are I couldn't have said it better. eral Government can and will continue to sort sworn to upholdÐstates that powers not enu- This bill is about discrimination, pure and these issues out as they become timely, which merated to the Federal Government are re- simple. this Offense on Marriage Act is not. I urge my colleagues to support the Frank served to the States. So, I ask my colleagues, The issue of who should marry within a amendments. why are we getting involved? State are the proper jurisdiction of the individ- Mr. Chairman, I yield back the bal- This brings me to my final point. This meas- ual States. My grandmother probably couldn't ance of my time. ure is unconstitutional. Article four, section one envision a time when interracial marriages The CHAIRMAN. The question is on of the U.S. Constitution states that the ``Full would be legal in America, but today they are. the amendment offered by the gen- Faith and Credit shall be given in each State One kind of discrimination is just as onerous tleman from Massachusetts [Mr. to the public Acts, Records, and judicial Pro- as another, and neither should be tolerated. FRANK]. ceedings of every other State.'' We cannot For the Republican majority of this Congress The amendment was rejected. alter the U.S. Constitution with a simple act of to be taking up this bill, which attempts to Congress. In addition, the 14th amendment usurp States' rights, makes a farce of their fre- PREFERENTIAL MOTION provides for ``equal protection of the laws'' for quent rallying cry to limit Federal intrusion into Mr. GUNDERSON. Mr. Chairman, I all citizens. Clearly the rights of gay and les- the personal lives of America's citizens. How- offer a preferential motion. bian citizens would be abridged by this bill. ever, when it concerns a woman's right to The CHAIRMAN. The Clerk will re- Just as the Supreme Court found in 1967 that choose, or in this case the rights of adults to port the motion. racial distinctions between citizens are ``odious choose their life partners, the Republicans The Clerk read as follows: to a free people whose institutions are found- abandon their mantra of preserving States Mr. GUNDERSON moves that the committee ed upon the doctrine of equality,'' the Court rights. do now rise and report the bill back to the would again, I believe, invalidate this bill. The This bill should be defeated and I urge my House with the recommendation that the en- Court most recently ruled that targeting a seg- colleagues to use their common sense and acting clause be stricken out. ment of society with animus must be unconsti- leave this issue up to the States. It is The CHAIRMAN. The gentleman tutional. homophobic and discriminatory, and it at- from Wisconsin [Mr. GUNDERSON] is Lastly, there is clearly a political agenda tempts to address a situation that should be recognized for 5 minutes in support of driving this legislation. Barely 30 legislative left up to the States. It is not the proper juris- his motion. days remain before the election and we have diction of the Congress or the Constitution. (Mr. GUNDERSON asked and was yet to complete our constitutionally mandated As I walk past the Republican side of the given permission to revise and extend responsibility of funding the government. Yet aisle, I expect to hear something similar to an his remarks.) we are debating this election-year ploy by a old joke from the civil rights era: ``Some of my Mr. GUNDERSON. Mr. Chairman, I party attempting to divide the Nation. We are good friends are gay, I just wouldn't want my offer this motion today so that I might not debating the granting of a sacrament of son or daughter to marry one.'' ask a question. marriage: Congress can't do that. We are de- My response is that: that's their own per- Why are we so mean? Why are we so bating States' rights and the rights of privacy. sonal, private business. motivated by prejudice, intolerance H7498 CONGRESSIONAL RECORD — HOUSE July 12, 1996 and, unfortunately in some cases, big- this with me, suggested that while he Mr. Chairman, I rise in opposition to H.R. otry? Why must we attack one element could not support a commission he 3396, the Defense of Marriage Act. This bill is of our society for some cheap political could support a GAO study. So I draft- unnecessary, discriminatory and possibly un- gain? Why must we pursue the politics ed an amendment which calls for such constitutional. There is no question that we of division, of fear, and of hate? a GAO study to be a part of this bill, have real problems with family disintegration Yes, marriage is under attack in our and I shared it with the gentleman in this country, but this legislation is not in- society today, but may I suggest to my from Illinois and Chairman GINGRICH. tended to defend or improve the success of colleagues it is not because of same-sex Unfortunately, others in my party in- marriage, rather it is intended to further divide relationships. In all due respect, les- sisted that this small step of basic de- the country over the issue of gay rights. bians have no interest in making any- cency and respect not be included in I'm saddened that, at a time when so many one their husband and gay men have no this bill. important issues face this country we are tak- interest in pursuing anyone’s wife. Unfortunately such action, I think, ing up valuable time discussing a bill that truly Rather, marriage might be under at- exposes this legislative initiative for is a solution in search of a problem. tack because of alcohol abuse, because the mean political game it is. And I am Same sex marriage is not currently legal of spousal abuse and, might I suggest, truly sorry about that. anywhere in the United States. And in over even Sunday afternoon football. I stand here today with respect and 200 years, the Federal Government has never Like most of my colleagues, I too with love for each of you as fellow attempted to develop a Federal definition of grew up with basical traditional val- Members of the human race. All I ask marriage. That right and responsibility has ues. My religion and my heritage also in return is that you do not inten- been left to the States. define marriage as a union between one tionally make me any less worthy than The Federal Government recognizes any man and one woman. So I went to my you. State sanctioned marriage. However, States party’s leadership and I went to the Mr. Chairman, I ask unanimous con- do not have to give full faith and credit to mar- distinguished gentleman from Illinois, sent that the motion be withdrawn. riages sanctioned in other States. For in- The CHAIRMAN. Is there objection Chairman HYDE, and I went to Speaker stance, my home State of Oregon does not to the request of the gentleman from GINGRICH, and I said I am willing, as a recognize marriages of 12-year-olds, but the gay man, to support your efforts to re- Wisconsion [Mr. GUNDERSON]? State of Massachusetts allows 12-year-old fe- There was no objection. affirm that the word marriage rep- males to marry, and the State of Alabama al- resents a union between a man and a AMENDMENT OFFERED BY MR. FRANK OF lows 14-year-olds to marry. In fact, several MASSACHUSETTS woman. All I ask in return is that we States even allow first cousins to marry. Mr. FRANK of Massachusetts. Mr. take the meanness out of this legisla- So if States can already refuse to recognize Chairman, I offer an amendment made tive initiative. certain kinds of marriages performed in other in order by the rule. States, what is the point of this legislation? I ask my leadership to recognize that The CHAIRMAN. The Clerk will des- If, as the proponents of this legislation those of us who happen to be in long- ignate the amendment. term loving relationships also might be The text of the amendment is as fol- claim, States do not have the authority to considered or at least studied for the lows: claim exemption from the full faith and credit clause, then a simple statue is not adequate potential of legitimate benefits and Amendment No. 2 offered by Mr. FRANK of privileges. For example, if I were to get Massachusetts: Page 3, after line 20, insert: to circumvent the Constitution's full faith and sick, why should my partner not have (b) APPLICATION.— credit clauseÐwe would need to pass a con- automatic visitation rights and auto- (1) Subsection (a) shall not apply if the stitutional amendment. matic consultation with the doctor? State in which the persons affected by such So, again, what is the point of this legisla- I have letters in my office of people application of subsection (a) has determined tion? that the definition of ‘‘marriage’’ or from cancer to AIDS who have been de- And where would this type of legislation ‘‘spouse’’, or both, shall be different than lead us? We risk setting a dangerous prece- nied that basic privilege. When a friend that in subsection (a), provided such State of mine died last year of AIDS, his determination is in the form of— dent by crossing the threshold of preempting partner of 16 years could not sign the (A) legislation; or States by establishing a Federal definition of documents at the funeral home. Must (B) citizen initiative or referendum. marriage. Once we cross that threshold, what we impose such indignities upon people (2) In the case where such a determination is to prevent the Federal Government from is made by judicial decision interpreting a even upon the death of their very best setting a national age of majority for marriage State constitution, subsection (a) shall cease and preempting all States as in China where friend in life? to apply if the minimum time necessary in And frankly, I want to ask my col- that State for an amendment to the State the legal marriage age has been set as high leagues, why should my partner of 13 constitution elapses and the State’s deter- as 28 years old, and changes almost annually. years not be entitled to the same mination remains in effect. Furthermore, what is to prevent the Federal health insurance and survivor benefits (3) In the case where such a determination Government from setting new and rigorous that individuals around here, my col- is made by judicial decision interpreting a standards for divorces preempting all State State statute, subsection (a) shall cease to leagues with second and third wives, laws? apply with the adjournment of the next ses- I have long supported the ability of long- are able to give to them? sion of the State legislature. So I asked my leadership, can we at Page 3, line 21, strike ‘‘(b)’’ and insert term committed domestic partners to receive least put together a commission to ‘‘(c)’’. some sort of legal recognition. There are a compare the privileges, rights and ben- The CHAIRMAN. Pursuant to House host of areas where family members need efits given to those in marriage but de- Resolution 474, the gentleman from legal standingÐhospital visitations when nied to those in long-term relation- Massachusetts [Mr. FRANK] and a Mem- someone is critically ill or injured, to be at a loved one's side when they die, decisions ships? We will not change any policy, ber opposed each will control 71⁄2 min- we will not change anything in the bill, utes. about medical care and guardianship for rather we would seek simply to look at The Chair recognizes the gentleman someone who is ill or incapacitated, and the Federal, State and international law so from Massachusetts [Mr. FRANK]. authority to carry out someone's last wishes, that we might have a body of accurate Mr. FRANK of Massachusetts. Mr. to name a few. information upon which to deliberate Chairman, let me reassure those Mem- A number of local jurisdictions around the in the future. bers with ‘‘rollcall envy’’ that they can country have extended legal rights to domestic partners. That is exactly where these types of b 1256 have one on this one. Mr. Chairman, I yield such time as he decisions should be madeÐby local commu- In so doing, we would not only reaf- may consume to the gentleman from nities and States, not by the Federal Govern- firm the traditional definition of mar- Oregon [Mr. DEFAZIO]. ment dictating and mandating these issues for riage, but we would also send the sig- (Mr. DEFAZIO asked and was given them. nal of our sensitivity and respect to permission to revise and extend his re- This is not serious legislation to address a those who happen to be gay or lesbian. marks.) real need in this country. It is a cynical political The gentleman from Illinois [Mr. Mr. DEFAZIO. Mr. Chairman, I rise gesture, which has more to do with Presi- HYDE] and I want to thank him for his in support of the amendment and in op- dential election year politics than addressing decency and sensitivity in discussing position to the bill. the needs of the American people. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7499 I urge my colleagues to oppose this legisla- involve under-age minors. Ironically, by enact- stand that. I think the rest of the tion. ing this law, Congress will, by implication, be House does. Mr. FRANK of Massachusetts. Mr. limiting the States authority to reject other Mr. CANADY of Florida. Mr. Chair- Chairman, I yield 2 minutes to the gen- types of marriage which may be contrary to man, I yield 2 minutes to the gen- tleman from Michigan [Mr. CONYERS], public policy. tleman from Georgia [Mr. BARR]. the ranking Democrat on the Commit- It seems clear to me that the only reason Mr. BARR of Georgia. Mr. Chairman, tee on the Judiciary. we are here even debating this issue is that I thank the gentleman for yielding. Mr. CONYERS. Mr. Chairman, I rise Republicans are intent on creating a political Mr. Chairman, the consummate clev- in support of this slimmed-down revi- issue completely out of thin air so they can erness of the amendment’s proponent is sion of section 3 to allow the States, demonize gay and lesbian individuals and fur- obvious once again. His first amend- which enact their own same-sex mar- ther divide the American people. The Contract ment was a killer amendment, pure riage laws, to have those marriages re- With America has been a flop, the Repubican and simple. It trained its cross hairs on spected by the Federal Government. Party is behind in the polls, and their leader- the heart of the bill and made no bones Surely, Members on the other side of ship is desperately trying to manufacture about it. This one is a little bit dif- the aisle can support this amendment. widge political issues. If there were any other ferent. It trains its cross hairs on the I hope they can. reason, they would slow this bill down, wait for heart of the bill, but it kills it with a Mr. Chairman, I hope that the excel- the courts and the State of Hawaii to act, and silencer. Yet the result would be the lent job of whipping up the populace seriously analyze the legal implications of same. into a frenzy will subside somewhat what they are doing. The fact of the matter is, Mr. Chair- and we can consider what we are deal- Fortunatley, I don't think the American peo- man, it is the prerogative, the author- ing with. ple will be fooled by this legislative red her- ity, the responsibility, and the sole ju- For my good friend, the gentleman ring. They want real solutions that improve risdictional power of the Congress of from Florida [Mr. CANADY], the sub- their every day lives, not legislative placebos. the United States to determine the committee chairman who keeps laying We can begin doing so by voting for this reach of Federal laws, Federal benefits, this 70-percent population figure on us, amendment and returning power back to the Federal regulations. may I remind the gentleman that 70 States. I matters not whether that power is percent of the population was against ANNOUNCEMENT BY THE CHAIRMAN attempted to be usurped by a State ending segregation when the civil The CHAIRMAN. The Chair would court, a State legislature, or the citi- rights laws passed in the United States note that remarks in debate should be zens of a State by referendum. The fact of America in the sixties. The gen- addressed to the chair. of the matter is they cannot do so. tleman shakes his head negatively, but Mr. CANADY of Florida. Mr. Chair- They should not be allowed to do so. he is incorrect. man, I rise to claim the time in opposi- And for any Member of this body to Now, I wish my good friend from Wis- tion to the Frank amendment. stand up and say on behalf of my 20 consin who made his very impassioned The CHAIRMAN. The gentleman constituents, I am going to abrogate remarks would have included in the from Florida [Mr. CANADY] is recog- that responsibility to the citizens of a reasons for marriage being in trouble nized for 71⁄2 minutes. State, is an absolute outrage and an ir- in America, if it is, that it is because of Mr. CANADY of Florida. Mr. Chair- responsibility. It is a derogation of joblessness. I do not know what is man, I yield 11⁄2 minutes to the gen- their duty as a representative of the going on between all the spouses, but tleman from Wisconsin [Mr. SENSEN- people to protect the integrity of Fed- joblessness is a huge driving force. BRENNER]. eral powers, Federal jurisdiction, Fed- And finally, for ex-Senator Bob Dole, Mr. SENSENBRENNER. Mr. Chair- eral laws, benefits and responsibilities. who I give advice on occasion, why is man, I deeply regret that my colleague This amendment is a killer amend- he so angry that President Clinton from Wisconsin, Mr. GUNDERSON, left ment. It may be sugar coated, it may agrees with him on this issue? What is before we could respond to his remarks. have a silencer on it, but the effect is the beef, Bob? I mean, after all, you And I regret that he was not here when just as deadly. This amendment de- forced him to do this. I made my remarks on why this legis- serves to be defeated because if it is Mr. Chairman, we are going to stick lation is in front of us. not, the underlying bill will not be en- with the gentleman from Georgia [Mr. Mr. Chairman, this legislation is not acted into law, and I urge my col- LEWIS]. Eventually we will all come mean-spirited. It is not divisive. It is leagues to defeat this second Frank around and realize where this is going. not cynical. It is a legitimate response amendment. I thank the Members for their kind at- to a well-publicized legal move to try Mr. FRANK of Massachusetts. Mr. tention. to expand a decision in Hawaii to the Chairman, I yield myself the balance of I rise in strong support of the gentleman's rest of the country and to Federal law. my time. amendment revising section 3 of the bill to Now, the question is not whether or Mr. Chairman, so much for block allow States, which enact their own same sex not we are compassionate. I think we grants. We heard the gentleman from marriage laws, to have those marriages re- all are compassionate because Georgia. How dare we think that those spected by the Federal Government. uncompassionate people do not get State-elected officials ought to decide Around this body we hear a lot of talk about elected to Congress. But the question is how to spend Federal money. Do not States rights. Well this amendment gives all of how these issues should be debated and let them usurp and preempt. I could the Members a chance to back up their rhet- how the decision should be made. not have heard a better denunciation of oric. For more than 200 years Congress has I believe in the power of the people block grants from the staunchest fed- allowed determinations of marriage status to and the power of the Congress to make eralizing liberal around, because that be a purely State matter. Yet, unless this the right decisions and to do the right is what is at issue. amendment is adopted, we in the Congress thing. And we ought to have an open Mr. Chairman, I do appreciate the will be telling the States how to run their busi- debate on the issue of whether Federal reference of the gentleman from Geor- ness. We will be saying a marriage that they benefits should be expanded to couples gia [Mr. BARR] to my consummate have blessed is not good enough for Federal who get involved in gay marriages. The cleverness. There are circles in which I recognition. place for that debate, I would submit, will have to explain away having re- This amendment serves to illustrate the bla- is in the forum of public opinion, and ceived that compliment from him, but tant hypocrisy which characterizes the entire the greatest deliberative legislative I am willing to take on that burden. legislation. The entire matter has very little to body in the world, the Congress of the Mr. Chairman, the point is that the do with the Federal Government. It is black- United States, rather than having gentleman is upset because the amend- letter law that the States are free to reject judges that are not elected and judges ment is not stupid. And I apologize. marriages approved by other States which vio- that are not responsible to the people There is nothing in the rules that says late public policy. It is pursuant to this author- bootstrap a decision in one State to na- our amendments have to be stupid. I ity that States have invalidated marriages con- tional policy. anticipated some of their arguments. summated in other States which are incestu- Mr. Chairman, I am sorry the gen- They have been arguing, and let us be ous, polygamous, based on common law, and tleman from Wisconsin does not under- clear what this amendment says. This H7500 CONGRESSIONAL RECORD — HOUSE July 12, 1996 amendment leaves alone that part of have been accused of spousal abuse; Mr. Chairman, I hope the amendment the bill that purports to protect other who have been accused of and have ac- is adopted. States from having to do what Hawaii knowledged not supporting their chil- Mr. CANADY of Florida. Mr. Chair- does. I do not think they have to any- dren; who have had multiple divorces man, I yield the balance of my time to way, but this double protects them. and remarriages. Those are serious the gentleman from Illinois [Mr. That is not an issue. problems. We need to help people with HYDE], chairman of the Committee on This amendment says, and it says it that. the Judiciary. clearly. Indeed, let me say immodestly, But implicitly to blame those on the (Mr. HYDE asked and was given per- citing as authority the gentleman from fact that two men love each other is mission to revise and extend his re- Georgia, it says it ‘‘consummately extraordinarily unfair and that is why marks.) cleverly’’ or ‘‘cleverly consummately,’’ we heard the eloquent, passionate Mr. HYDE. Mr. Chairman, I thank that if a State by democratic proce- statement of the gentleman from Wis- the gentleman from Florida [Mr. dures, by involvement of its electorate, consin who proceeded me. He and I and CANADY] and my colleagues. either directly in a referendum or others are willing to take on the bur- Mr. Chairman, I can tell you this is through its legislature or by decision den of working out the difficulties of one of the most uncomfortable issues I to allow a court decision to stand after two human beings becoming mutually can think of to debate. It is something the time has gone by, if a State makes committed. I really shrink from because there is no a democratic decision that says if two Mr. Chairman, we are talking about gentle easy way, if we are to be honest men in this State are in love or two two human beings. And for those who and candid, to discuss the objections to women in this State are in love and pretend not to know the difference be- same-sex marriage, the disapprobation they are prepared to undertake the ob- tween a monogamous relationship be- of homosexual conduct, without offend- ligations of marriage, they are pre- tween two human beings and polyg- ing and affronting an ever-widening pared to live together and commit to amy, I must say that I think they group of people who have come to ac- each other, they are prepared to make debase and debate when they use that cept homosexual conduct. legal, binding representations to each kind of analogy. Everyone knows the But, Mr. Chairman, we are driven to other, the Federal Government will real difference. this debate. We are driven to this de- treat them in that State as it treats We are talking about mutuality; bate by the courts. The Romer versus anybody else. The Federal Government about two people loving each other and Evans case which was decided May 20 will treat them as the beneficiaries of committing to each other. Do Members of this year is a fascinating case, and it that democratic decision. know what they are saying if they vote provides really a preferred status for Mr. Chairman, what the bill says is if down this amendment? ‘‘No, you can- homosexual people, and may very well there is a referendum in a State, if not do that. How dare you have a invalidate a State’s heretofore unques- there is a unanimous vote in the legis- democratic vote in a State to allow tioned power to reject the conduct in lature to allow two people to love each two people to show love and commit- another State on public policy grounds. other, we the Federal Government will ment and affection. We cannot allow If a marriage was incestuous and it say no. Why? We heard the gentleman that, because it threatens our mar- was celebrated in one State, another from Georgia. Because we, the Federal riages.’’ State did not have to accept that on Government, will decide. Mr. Chairman, I do not believe any- public policy grounds. Now, there is a Again, let us not have any of this one really thinks it threatens their real question because of Romer versus block grant nonsense. Let us not talk marriages. I do not understand what Evans, a Supreme Court case. about State autonomy. We will sit here motivates them. In one case someone The fascinating thing is that the in Washington and tell Hawaii who can said: Do not allow them the sacrament Bowers versus Hardwick case was not love each other and who cannot. Of of matrimony. We have no power to even discussed in Romer versus Evans. course, they can make a law in Hawaii, give anyone any sacraments. We are Bowers versus Hardwick is a 1986 case but it will not be a real marriage. It not in the business of dispensing sacra- which said a State may criminalize the will not have Federal tax benefits; it ments, and I hope we never get there. act of sodomy. Twenty-five States have will not have pension benefits; it will Mr. Chairman, we are creating an in- laws criminalizing homosexual con- not have testimonial privilege. stitution called civil marriage. People duct. The defining act of homosexual- Let us be very clear, Mr. Chairman. I in this Chamber have taken full advan- ity is a crime in 25 States. It used to be appreciate the candor of the gen- tage of their right legally to divorce. in all the States, but many of the tleman. Let us not have any of this People have had several divorces. That States have reversed their laws because nonsense about State autonomy. That is not a sacrament. We did not create they cannot enforce them. There is no is what this amendment says. It says if the sacrament of ‘‘holy divorce.’’ We way to enforce them. the Hawaii Supreme Court does it, it allow this, in society, in a sensible so- Mr. FRANK of Massachusetts. Mr. still would not take effect. But if the ciety with personal freedom, individ- Chairman, will the gentleman yield? Hawaii Supreme Court makes a deci- uals to make choices in a civil society. Mr. HYDE. I yield to the gentleman sion and enough time goes by under the Those who find that religiously offen- from Massachusetts. Hawaii constitution, the legislature let sive are free to do nothing about it. Mr. FRANK of Massachusetts. If the it stand, there was a referendum in They are free not to participate in it. gentleman’s interpretation, I mean favor of it, we will then allow it. We are talking here about creating this seriously, if the gentleman’s inter- So here is what we are being told. Do an institution of civil society. In fact pretation of Romer versus Evans is cor- not let the democratic processes of a we are not talking about creating it. rect, and we do not know whether it is single State allow same-sex marriage We are saying if the Federal Govern- or not, would that not also apply then in that State to be a federally valid ment sees a State by democratic means to the section here? In other words, if marriage, even though it means it will in this amendment create an institu- the court were to hold under Romer have no effect on any other State. We tion of civil society that allows two versus Evans—— are not attacking that point. people to love each other, the Federal Mr. HYDE. Yes, it could. If my amendment passes, the bill will Government will do what it can to stop Mr. FRANK of Massachusetts. So say what one State does has no effect it. Why? My colleagues heard the gen- that this could also apply to this sec- on any other State. Another State does tleman from Georgia. Because how tion equally. not have to have it. If a State makes a dare they preempt and usurp the State. Mr. HYDE. It could. But that is why democratic decision to let two women Who is preempting and usurping? The we need this statute in my judgment, love each other in a loving relation- legislature. How dare the legislature of to give a little more leverage to the ship, that cannot be because it will dis- Hawaii preempt our imperial right to States. solve marriage, and we get back to decide who is married and who is not Mr. FRANK of Massachusetts. If the that. married. How dare the people of Hawaii gentleman would continue to yield for There are people in this society, presume to think that they can define 10 seconds, if in fact it is unconstitu- heterosexuals who are married, who love in an effective way. tional because of an interpretation of July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7501 parts of the Constitution, no statute Engel Lewis (GA) Richardson Nethercutt Rohrabacher Tanner Eshoo Lofgren Rivers Neumann Ros-Lehtinen Tate would hold against that. Farr Lowey Rose Ney Roth Tauzin Fattah Maloney Roybal-Allard Norwood Roukema Taylor (MS) b 1315 Fazio Markey Rush Nussle Royce Taylor (NC) Filner Martinez Sabo Oberstar Salmon Tejeda Mr. HYDE. Well, maybe, maybe not. Frank (MA) Matsui Sanders Obey Sanford Thomas Maybe, maybe not is all. You cannot Furse McCarthy Sawyer Ortiz Saxton Thornberry Gejdenson McDermott Schroeder Orton Scarborough Thurman speculate about the court. Gephardt McKinney Schumer Oxley Schaefer Tiahrt The gentleman from Massachusetts Gonzalez Meehan Scott Packard Schiff Torkildsen [Mr. STUDDS] said that the unfinished Gunderson Meek Serrano Parker Seastrand Traficant business of the civil rights movement Gutierrez Millender- Skaggs Pastor Sensenbrenner Upton Harman McDonald Slaughter Paxon Shadegg Visclosky is homosexual acceptability. There is Hastings (FL) Miller (CA) Stark Payne (VA) Shaw Volkmer no power on Earth to stop it. Maybe Hilliard Mink Stokes Peterson (FL) Shays Vucanovich and maybe not. He has something, Hinchey Moakley Studds Peterson (MN) Shuster Walker Horn Moran Torres Petri Sisisky Walsh when I look around and see the enter- Jackson (IL) Nadler Torricelli Pickett Skeen Wamp tainment stars in our country are Mi- Jackson-Lee Neal Towns Pombo Skelton Watts (OK) chael Johnson and Madonna, he could (TX) Olver Velazquez Pomeroy Smith (MI) Weldon (FL) be right. The homosexual movement Jefferson Owens Vento Porter Smith (NJ) Weldon (PA) Johnson, E. B. Pallone Ward Portman Smith (TX) Weller has been very successful in intimidat- Kennedy (MA) Payne (NJ) Waters Poshard Smith (WA) White ing the psychiatric profession. Now Kennedy (RI) Pelosi Waxman Pryce Solomon Whitfield people who object to sodomy, to two Kennelly Rangel Woolsey Quillen Souder Wicker Lantos Reed Yates Quinn Spence Williams men penetrating each other are Radanovich Spratt Wise homophobic. They have the phobia, not NOES—311 Rahall Stearns Wolf the people doing this act. That is a Ramstad Stenholm Wynn Allard Danner Hoke Regula Stockman Young (AK) magnificent accomplishment for public Andrews Davis Holden Riggs Stump Zeliff relations. Archer de la Garza Hostettler Roemer Stupak Zimmer Let us talk about this bill. This is Armey Deal Houghton Rogers Talent Bachus DeLauro Hoyer the most delicate and limited measure Baesler DeLay Hunter NOT VOTING—19 that Congress could possibly produce Baker (CA) Deutsch Hutchinson Dunn Johnston Thompson on this subject. First of all, as to defin- Baker (LA) Diaz-Balart Hyde Ensign LaFalce Thornton Baldacci Dickey Inglis Fields (LA) Lincoln Watt (NC) ing marriage in the Federal code, who Ballenger Dicks Istook else should define it except this Con- Flanagan Longley Wilson Barcia Doggett Jacobs Ford McDade Young (FL) gress, the Federal legislature. Not the Barr Dooley Johnson (CT) Gibbons Morella courts, the courts are usurping legisla- Barrett (NE) Doolittle Johnson (SD) Hall (OH) Roberts Bartlett Dornan Johnson, Sam tive functions. It is appropriate that Barton Doyle Jones b 1335 Congress define marriage. You may not Bass Dreier Kanjorski like the definition the majority of us Bateman Duncan Kaptur The Clerk announced the following want, but most people do not approve Bentsen Durbin Kasich pair: Bereuter Edwards Kelly On this vote: of homosexual conduct. They do not Bevill Ehlers Kildee Mr. Johnston of Florida for, with Mr. approve of incest. They do not approve Bilbray Ehrlich Kim Longley against. of polygamy, and they express their Bilirakis English King Bishop Evans Kingston disapprobation through the law. It is Messrs. ALLARD, SMITH of New Jer- Bliley Everett Kleczka sey, and GENE GREEN of Texas that simple. It is not mean spirited. It Blute Ewing Klink is not bigoted. It is the way it is, the Boehlert Fawell Klug changed their vote from ‘‘aye’’ to ‘‘no.’’ Boehner Fields (TX) Knollenberg Mrs. KENNELLY and Mr. RUSH only way possible to express this dis- Bonilla Flake Kolbe changed their vote from ‘‘no’’ to ‘‘aye.’’ approbation. Bono Foglietta LaHood So the amendment was rejected. Now, two men loving each other does Borski Foley Largent The result of the vote was announced not hurt anybody else’s marriage, but Boucher Forbes Latham Brewster Fowler LaTourette as above recorded. it demeans, it lowers the concept of Browder Fox Laughlin The CHAIRMAN. Under the rule, the marriage by making it something that Brownback Franks (CT) Lazio Committee rises. it should not be and is not, celebrating Bryant (TN) Franks (NJ) Leach Bryant (TX) Frelinghuysen Levin Accordingly the Committee rose; and conduct that is not approved by the Bunn Frisa Lewis (CA) the Speaker pro tempore (Ms. GREENE majority of the people. Bunning Frost Lewis (KY) of Utah) having assumed the chair, Mr. Burr Funderburk Lightfoot Defeat the amendment. Vote for the GILLMOR, Chairman of the Committee bill. Burton Gallegly Linder Buyer Ganske Lipinski of the Whole House on the State of the The CHAIRMAN. The question is on Callahan Gekas Livingston Union, reported that that Committee, the amendment offered by the gen- Calvert Geren LoBiondo having had under consideration the bill tleman from Massachusetts [Mr. Camp Gilchrest Lucas Canady Gillmor Luther (H.R. 3396) to define and protect the in- FRANK]. Cardin Gilman Manton stitution of marriage, pursuant to The question was taken; and the Castle Goodlatte Manzullo House Resolution 474, he reported the Chairman announced that the noes ap- Chabot Goodling Martini bill back to the House. peared to have it. Chambliss Gordon Mascara Chapman Goss McCollum The SPEAKER pro tempore (Ms. RECORDED VOTE Chenoweth Graham McCrery GREENE of Utah). Under the rule, the Mr. FRANK of Massachusetts. Mr. Christensen Green (TX) McHale previous question is ordered. Chrysler Greene (UT) McHugh The question is on the engrossment Chairman, I demand a recorded vote. Clement Greenwood McInnis A recorded vote was ordered. Clinger Gutknecht McIntosh and third reading of the bill. The vote was taken by electronic de- Coble Hall (TX) McKeon The bill was ordered to be engrossed vice, and there were—ayes 103, noes 311, Coburn Hamilton McNulty and read a third time, and was read the Collins (GA) Hancock Menendez not voting 19, as follows: Combest Hansen Metcalf third time. [Roll No. 314] Condit Hastert Meyers MOTION TO RECOMMIT OFFERED BY MS. Cooley Hastings (WA) Mica JACKSON-LEE OF TEXAS AYES—103 Costello Hayes Miller (FL) Ms. JACKSON-LEE of Texas. Madam Abercrombie Brown (CA) Collins (IL) Cox Hayworth Minge Ackerman Brown (FL) Collins (MI) Cramer Hefley Molinari Speaker, I offer a motion to recommit. Barrett (WI) Brown (OH) Conyers Crane Hefner Mollohan The SPEAKER pro tempore. Is the Becerra Campbell Coyne Crapo Heineman Montgomery gentlewoman opposed to the bill? Beilenson Clay DeFazio Cremeans Herger Moorhead Ms. JACKSON-LEE of Texas. Yes, I Berman Clayton Dellums Cubin Hilleary Murtha Blumenauer Clyburn Dingell Cummings Hobson Myers am, Madam Speaker, in its present Bonior Coleman Dixon Cunningham Hoekstra Myrick form. H7502 CONGRESSIONAL RECORD — HOUSE July 12, 1996 Mr. CANADY of Florida. Madam (A) title VII of the Civil Rights Act of 1964 Act. In an action against a State for a viola- Speaker, I reserve a point of order (42 U.S.C. 2000e et seq.), or tion of this Act, remedies (including rem- against the motion to recommit. (B) sections 302, 303, and 304 of the Govern- edies at law and in equity) are available for The SPEAKER pro tempore. The gen- ment Employee Rights Act of 1991 (2 U.S.C. the violation to the same extent as such 1202, 1203, 1204), in the case of a claim alleged remedies are available in an action against tleman from Florida [Mr. CANADY] re- by such individual for a violation of such any public or private entity other than a serves a point of order. title or of section 302(a)(1) of such Act, re- State. The Clerk will report the motion to spectively, (b) LIABILITY OF THE UNITED STATES.—The recommit. (2) the Librarian of Congress shall have the United States shall be liable for all remedies The Clerk read as follows: same powers as the Librarian of Congress (excluding punitive damages) under this Act Ms. JACKSON-LEE of Texas moves to recom- has to administer and enforce title VII of the to the same extent as a private person and mit the bill, H.R. 3396, back to the Commit- Civil Rights Act of 1964 (42 U.S.C. 2000e et shall be liable to the same extent as a non- tee on the Judiciary with instructions to re- seq.) in the case of a claim alleged by such public party for interest to compensate for port the bill back forthwith with the follow- individual for a violation of such title, delay in payment. ing amendment: (3) the Board (as defined in section 101 of SEC. 13. ATTORNEYS’ FEES. Page 3, line 24, at the end of the bill, add the Congressional Accountability Act of 1995 In any action or administrative proceeding the following new sections to the legislation: (Public Law 104–1; 109 Stat. 3) shall have the commenced pursuant to this Act, the court SEC. 4. SHORT TITLE. same powers as the Board has to administer or the Commission, in its discretion, may This Act may be cited as the ‘‘Employment and enforce the Congressional Accountabil- allow the prevailing party, other than the Non-Discrimination Act of 1996’’. ity Act of 1995 in the case of a claim alleged United States, a reasonable attorney’s fee, SEC. 5. DISCRIMINATION PROHIBITED. by such individual for a violation of section including expert fees and other litigation ex- A covered entity, in connection with em- 201(a)(1) of such Act, penses, and costs. The United States shall be ployment or employment opportunities, (4) the Attorney General of the United liable for the foregoing the same as a private shall not— States shall have the same powers as the At- person. (1) subject an individual to different stand- torney General has to administer and en- SEC. 14. RETALIATION AND COERCION PROHIB- ards or treatment on the basis of sexual ori- force— ITED. entation, (A) title VII of the Civil Rights Act of 1964 (a) RETALIATION.—A covered entity shall (2) discriminate against an individual (42 U.S.C. 2000e et seq.), or not discriminate against an individual be- based on the sexual orientation of persons (B) sections 302, 303, and 304 of the Govern- cause such individual opposed any act or with whom such individual is believed to as- ment Employee Rights Act of 1991 (2 U.S.C. practice prohibited by this Act or because sociate or to have associated, or 1202, 1203, 1204), such individual made a charge, assisted, tes- (3) otherwise discriminate against an indi- in the case of a claim alleged by such indi- tified, or participated in any manner in an vidual on the basis of sexual orientation. vidual for a violation of such title or of sec- investigation, proceeding, or hearing under SEC. 6. BENEFITS. tion 302(a)(1) of such Act, respectively, and this act. This Act does not apply to the provision of (5) the courts of the United States shall (b) COERCION.—A person shall not coerce, employee benefits to an individual for the have the same jurisdiction and powers as intimidate, threaten, or interfere with any benefit of his or her partner. such courts have to enforce— individual in the exercise or enjoyment of, or on account of his or her having exercised, en- SEC. 7. NO DISPARATE IMPACT. (A) title VII of the Civil Rights Act of 1964 joyed, assisted, or encouraged the exercise or The fact that an employment practice has (42 U.S.C. 2000e et seq.) in the case of a claim enjoyment of, any right granted or protected a disparate impact, as the term ‘‘disparate alleged by such individual for a violation of by this Act. impact’’ is used in section 703(k) of the Civil such title, Rights Act of 1964 (42 U.S.C. 2000e-2(k)), on (B) sections 302, 303, and 304 of the Govern- SEC. 15. POSTING NOTICES. A covered entity shall post notices for em- the basis of sexual orientation does not es- ment Employee Rights Act of 1991 (2 U.S.C. ployees, applicants for employment, and tablish a prima facie violation of this Act. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section members describing the applicable provi- SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT sions of this Act in the manner prescribed PROHIBITED. 302(a)(1) of such Act, and (C) the Congressional Accountability Act by, and subject to the penalty provided (A) QUOTAS.—A covered entity shall not under, section 711 of the Civil Rights Act of adopt or implement a quota on the basis of of 1995 (Public Law 104–1; 109 Stat. 3) in the 1964 (42 U.S.C. 2000e—10). sexual orientation. case of a claim alleged by such individual for (b) PREFERENTIAL TREATMENT.—A covered a violation of section 201(a)(1) of such Act. SEC. 16. REGULATIONS. entity shall not give preferential treatment (b) PROCEDURES AND REMEDIES.—The proce- The Commission shall have authority to to an individual on the basis of sexual ori- dures and remedies applicable to a claim al- issue regulations to carry out this Act. entation. leged by an individual for a violation of this SEC. 17. RELATIONSHIP TO OTHER LAWS. Act are— SEC. 9. RELIGIOUS EXEMPTION. This Act shall not invalidate or limit the (1) the procedures and remedies applicable (a) IN GENERAL.—Except as provided in rights, remedies, or procedures available to subsection (b), this Act shall not apply to re- for a violation of title VII of the Civil Rights an individual claiming discrimination pro- ligious organizations. Act of 1964 (42 U.S.C. 2000e et seq.) in the case hibited under any other Federal law or any of a claim alleged by such individual for a (b) FOR-PROFIT ACTIVITIES.—This Act shall law of a State or political subdivision of a apply with respect to employment and em- violation of such title, State. ployment opportunities that relate to any (2) the procedures and remedies applicable SEC. 18. SEVERABILITY. employment position that pertains solely to for a violation of section 302(a)(1) of the Gov- If any provision of this Act, or the applica- a religious organization’s for-profit activi- ernment Employee Rights Act of 1991 (2 tion of such provision to any person or cir- ties subject to taxation under section 511(a) U.S.C. 1202(a)(1)) in the case of a claim al- cumstance, is held to be invalid, the remain- of the Internal Revenue Code of 1986. leged by such individual for a violation of der of this Act and the application of such such section, and SEC. 10. NONAPPLICATION TO MEMBERS OF THE provision to other persons or circumstances ARMED FORCES; VETERANS’ PREF- (3) the procedures and remedies applicable shall not be affected thereby. ERENCES. for a violation of section 201(a)(1) of Congres- SEC. 19. EFFECTIVE DATE. (a) ARMED FORCES.—(1) For purposes of this sional Accountability Act of 1995 (Public This Act shall take effect 60 days after the Act, the term ‘‘employment or employment Law 104–1; 109 Stat. 3) in the case of a claim date of the enactment of this Act and shall opportunities’’ does not apply to the rela- alleged by such individual for a violation of not apply to conduct occurring before such tionship between the United States and such section. effective date. THER PPLICABLE ROVISIONS members of the Armed Forces. (c) O A P .—With SEC. 20. DEFINITIONS. (2) As used in paragraph (1), the term respect to claims alleged by covered employ- As used in this Act: ‘‘Armed Forces’’ means the Army, Navy, Air ees (as defined in section 101 of the Congres- (1) The term ‘‘Commission’’ means the Force, Marine Corps, and Coast Guard. sional Accountability Act of 1995 (Public Equal Employment Opportunity Commis- (b) VETERANS’ PREFERENCES.—This Act Law 104–1; 109 Stat. 3)) for violations of this sion. does not repeal or modify any Federal, State, Act, title III of the Congressional Account- (2) The term ‘‘covered entity’’ means an territorial, or local law creating special ability Act of 1995 shall apply in the same employer, employment agency, labor organi- rights or preferences for veterans. manner as such title applies with respect to zation, joint labor management committee, SEC. 11. ENFORCEMENT. a claims alleged by such covered employees an entity to which section 717(a) of the Civil (a) ENFORCEMENT POWERS.—With respect to for violations of section 201(a)(1) of such Act. Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, the administration and enforcement of this SEC. 12. STATE AND FEDERAL IMMUNITY. an employing authority to which section Act in the case of a claim alleged by an indi- (a) STATE IMMUNITY.—A State shall not be 302(a)(1) of the Government Employee Rights vidual for a violation of this Act— immune under the eleventh article of amend- Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an (1) the Commission shall have the same ment to the Constitution of the United employing authority to which section 201(a) powers as the Commission has to administer States from an action in a Federal court of of the Congressional Accountability Act of and enforce— competent jurisdiction for a violation of this 1995 (Public Law 104–1; 109 Stat.3) applies. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7503 (3) The term ‘‘employer’’ has the meaning Nondiscrimination Act says that we The bill relates solely to the subject of given such term in section 701(b) of the Civil will not be a gestapo, that we will re- marriage. The motion to recommit Rights Act of 1964 (42 U.S.C. 2000e(b)). spect and we will lift up the rights of seeks to add language which relates to (4) The term ‘‘employment agency’’ has the all citizens. employment discrimination to a bill meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. b 1345 dealing with marriage. Clearly, this is a proposition on a subject different 2000e(c)). Yes, the Committee on the Judiciary, (5) The term ‘‘employment or employment from that under consideration, in vio- from which this bill has come out, also opportunities’’ includes job application pro- lation of clause 7 of rule XVI, and I ask cedures, hiring, advancement, discharge, has jurisdiction over the Employment the chair to rule the motion to recom- compensation, job training, or any other Nondiscrimination Act of 1996. There- mit out of order. term, condition, or privilege of employment. fore, Madam Speaker, I am not running Ms. JACKSON-LEE of Texas. Madam (6) The term ‘‘labor organization’’ has the away from germaneness, but I do un- Speaker, with great pain in my heart, meaning given such term in section 701(d) of derstand that we have been discussing I would maintain that we are germane, the Civil Rights Act of 1964 (42 U.S.C. over these last 2 days legislation that 2000e(d)). and it is with deepest regrets and great is to respond and control perversion pain that I hear that human dignity is (7) The term ‘‘person’’ has the meaning that characterizes many individuals. given such term in section 701(a) of the Civil not germane. But at this point, Madam I would simply say that this is the Rights Act of 1964 (42 U.S.C. 2000e(a)). Speaker, with this pain and this dis- appropriate way for a nation like ours (8) The term ‘‘religious organization’’ appointment, I will not contest the to go, one that embodies in this House means— point of order. the word ‘‘union,’’ stick together; the (A) a religious corporation, association, or The CHAIRMAN. The point of order society, or word ‘‘justice,’’ justice for all; the word is conceded and sustained. (B) a college, school, university, or other ‘‘tolerance,’’ to tolerate those citizens educational institution, not otherwise a reli- The motion to recommit is not in who have given their lives for this flag order. gious organization, if— and this country; and yes, the word (i) it is in whole or substantial part con- MOTION TO RECOMMIT OFFERED BY MR. BERMAN trolled, managed, owned, or supported by a ‘‘liberty,’’ liberty for all; and yes, the word ‘‘peace.’’ We should go in peace Mr. BERMAN. Madam Speaker, I religious corporation, association, or soci- offer a motion to recommit with in- ety, or and harmony. So I believe that the subject matter structions. (ii) its curriculum is directed toward the The SPEAKER pro tempore. Is the propagation of a particular religion. that deals with gay and lesbian rights (9) The term ‘‘sexual orientation’’ means in the workplace is more than appro- gentleman opposed to the bill? homosexuality, bisexuality, or heterosexual- priate for a motion to recommit, for Mr. BERMAN. I am in its present ity, whether such orientation is real or per- this body to stand equal with America form, Madam Speaker. The SPEAKER pro tempore. The ceived. in responding to the good aspects, to (10) The term ‘‘State’’ has the meaning Clerk will report the motion to recom- the goodness of what this country given such term in section 701(i) of the Civil mit. stands for; for the reason we have lost Rights Act of 1964 (42 U.S.C. 2000e(ii)). The Clerk read as follows: men and women overseas, for liberty Ms. JACKSON-LEE of Texas (during Mr. BERMAN of California moves to recom- and equality for all. How can we not the reading). Madam Speaker, I ask mit the bill, H.R. 3396, back to the Commit- today stand with America and the flag unanimous consent that the motion be tee on the Judiciary with instructions to re- and acknowledge the human dignity of considered as read and printed in the port the bill back forthwith with the follow- all of god’s children? How can we not? ing amendment: RECORD. So I ask my colleagues if they would Page 3, line 24, at the end of the bill, add The SPEAKER pro tempore. Is there accept this motion to recommit so we the following new section to the legislation: objection to the request of the gentle- do not leave this place this day; so we, ‘‘SEC. 4. STUDY OF THE DIFFERENCES IN BENE- woman from Texas? like Esther, will acknowledge that if I FITS, RIGHTS AND PRIVILEGES There was no objection. AVAILABLE TO PERSONS IN A MAR- perish, I perish, for I must stand for The SPEAKER pro tempore. The gen- RIAGE AND TO PERSONS IN A DO- what is right. MESTIC PARTNERSHIP. ACKSON tlewoman from Texas [Ms. J - It is important that we allow this ‘‘(a) GENERAL ACCOUNTING OFFICE STUDY.— LEE] is recognized for 5 minutes in sup- legislation, the Employment Non- The General Accounting Office shall under- port of her motion to recommit. discrimination Act of 1996, to give take a study of the differences in the bene- Ms. JACKSON-LEE of Texas. Madam human dignity to all of our citizens. It fits, rights and privileges available to per- sons in a marriage and the benefits, rights Speaker, I ask for the attention of the is important, it is germane. It provides House because, as many of us have en- and privileges available to persons in a do- the criteria of germaneness, for it mestic partnership resulting from the non- tered houses of worship, this debate deals, as I said, with increasing the op- has been wrapped more in whether recognition of domestic partnerships as legal portunities and decreasing discrimina- unions by State and Federal laws. one’s belief in the Scriptures and Bible tion. ‘‘(b) REQUIREMENTS OF STUDY.—The Gen- will carry the day. Likewise, it deals with gays and les- eral Accounting Office shall— Let me say, Madam Speaker, that I bians, and yes, the subject matter is ‘‘(1) conduct a comprehensive review of am a Bible believer and a Bible reader, relevant. I would hope the subject mat- Federal statutes and administrative regula- but all of God’s children have rights. I tions, rulings, and determinations to compile ter of equality and the dignity of all an inventory of Federal benefits, rights and believe that we have over these last 24 and the respect for the words of this hours lifted up and increased discrimi- privileges available to persons in a marriage Chamber of justice and tolerance and and to determine whether such Federal bene- nation as opposed to decreasing dis- peace and liberty is the way that we fits, rights, and privileges are also available crimination. The Employment Non- should go. to persons in a domestic partnership; discrimination Act is biblical in nature Madam Speaker, I would ask my col- ‘‘(2) analyze the impact of Federal statutes as well, for it gives human dignity to leagues, can we not, can we not, can we and administrative regulations, rulings, and all of God’s children. not acknowledge freedom in America determinations on the private sector to de- termine whether those statutes, rules, regu- I will speak to the issue of germane- goes to all of our citizens, all of our ness, and I appreciate the gentleman lations, and determinations influence the citizens? private sector to make benefits, rights, and from Florida, but in fact this amend- POINT OF ORDER privileges available to persons in a marriage ment and motion to recommit is ger- The SPEAKER pro tempore. (Ms. which are not available to persons in a do- mane. It increases the opportunity for GREENE of Utah). Does the gentleman mestic partnership; all citizens to be treated equally. It from Florida [Mr. CANADY] insist on his ‘‘(3) survey State property, testamentary, takes away the sting of denying people point of order? probate, insurance, credit, and contract laws their rights. This subject matter is, in Mr. CANADY of Florida. Madam to determine whether a difference exists in fact, appropriate, for it seems that the their usefulness to address the legal needs of Speaker, I insist on my point of order. persons in a marriage and their usefulness to legislation that is now on the floor The SPEAKER pro tempore. The gen- address the legal needs of persons in a do- deals with gays and lesbians and sepa- tleman will state his point of order. mestic partnership; rates them out from the Constitution Mr. CANADY of Florida. the motion ‘‘(4) survey the laws of other major indus- of the United States. This Employment to recommit is not germane to the bill. trialized countries to determine whether H7504 CONGRESSIONAL RECORD — HOUSE July 12, 1996 there is a difference in those countries be- the non-recognition of domestic part- study it will also look at how other tween the government benefits, rights and nerships as legal unions by State and countries have legally dealt with the privileges available to persons in a marriage Federal laws. long-term relationships outside of mar- and the governmental benefits, rights and Once again, the passage of this mo- riage. privileges available to persons in a domestic partnership; and tion to recommit will not send the bill It changes no law. It only asks the ‘‘(5) conduct such further investigation and to a committee, it will not bury this GAO to give us the information re- analysis as it deems necessary to study the bill. The bill will come back imme- quested by October 1, 1997. Then we are differences in the benefits, rights and privi- diately for a vote on final passage. free to use such information to decide leges available to persons in a marriage and Mrs. JOHNSON of Connecticut. what if any policy changes we want to the benefits, rights and privileges available Madam Speaker, will the gentleman make. Let us affirm our commitment to persons in domestic partnerships resulting yield? to traditional marriage, but let us do from the non-recognition of domestic part- Mr. BERMAN. I yield to the gentle- so in a way that respects and is sen- nerships as legal unions by State and Fed- woman from Connecticut. eral laws. sitive to those in long-term domestic Mrs. JOHNSON of Connecticut. ‘‘(c) REPORT.—Not later than October 1, partnerships. 1997, the General Accounting Office shall Madam Speaker, I rise in support of For example, if our colleague, the submit to the President and to the Congress this motion to recommit. Clearly there gentleman from Wisconsin, STEVE GUN- a report of its findings pursuant to the study is a need to understand how we enable DERSON, were sick or injured, why conducted under this section. people who are committed to one an- should his partner not have automatic ‘‘(d) ASSISTANCE IN COMPLETING THE STUDY other to have appropriate legal rights visitation privileges or automatic doc- AND REPORT.— and responsibilities with regard to each toral consultations, which many today ‘‘(1) ASSISTANCE FROM OTHER AGENCIES.— other. All this study does is to ask the The General Accounting Office may secure have been denied? directly from any Federal department or GAO to look at the rights and respon- Madam Speaker, when the former agency such information as may be nec- sibilities one has under a marriage con- committee staff director, Matt Fletch- essary to complete the study and report re- tract and the rights and responsibil- er, of the gentleman from Pennsylva- quired by this section. ities that domestic partners have under nia, BILL CLINGER, lost his partner of 16 ‘‘(2) DETAILED PERSONNEL.—On the request current State and Federal law. We sim- years to AIDS, Matt could not sign the of the Comptroller General, the head of any ply need to know this information. documents at the funeral home. All Federal department or agency is authorized Without question, marriage has been this motion to recommit does is ask for to detail, without reimbursement, any per- the pillar of social organization over sonnel of that department or agency to the a study, ask for a study, so when the General Accounting Office to assist it in car- time in every society, because mar- study is completed in 11⁄2 years from rying out its duties under this section. The riage helps to sustain the development now or so, we can have better informa- detail of any individual may not result in of love, loyalty, commitment, and re- tion with which to deal with this issue. the interruption or loss of civil services sta- sponsibility. Domestic partner rela- I ask Members to vote to recommit tus or other privilege of the individual. tionships are not marriage, and that is the bill, and I also ask that Members ‘‘(3) ASSISTANCE FROM ATTORNEY GEN- what this bill says. But domestic part- vote for final passage, whether or not ERAL.—The Attorney General of the United ner relationships do encourage com- the motion to recommit passes. States shall provide the General Accounting Office with such administrative and support mitment, responsibility, love, and loy- Mr. CANADY of Florida. Madam services as the Comptroller General may re- alty, and I think it is important that Speaker, I rise in opposition to the mo- quest to complete the study and report re- our society rise to the challenge of tion to recommit with instructions. quired by this section. finding what legal entitles we need to Madam Speaker, the purpose of the ‘‘(e) DEFINITION.—For the purposes of this develop to allow people who want to instruction is to require by statute section, the term ‘domestic partnership’ take responsibility for one another, that which the chairman of the Com- means two persons committed to an inter- who want to, over time, legally share mittee on the Judiciary has the au- personal relationship with each other, other responsibilities for health care, share thority to do by letter. The chairman than marriage, which has been acknowledged through a publicly established governmental responsibilities for planning funerals of the committee, the gentleman from procedure, through a privately enforceable and so on and so forth, how we help Illinois [Mr. HYDE], during the Com- written agreement, or through other docu- them do that. This is just a study to mittee on Rules meeting when this ments executed by those persons which evi- get the information. We are proposing issue came up offered to write to the dence their intention to commit to an inter- it in a legal form because we want to GAO for the study requested by the personal relationship with each other.’’. acknowledge that this information is proposed instruction. Mr. BERMAN (during the reading). important to us as a society; that all This motion represents a transparent Madam Speaker, I ask unanimous con- relationships of commitment are im- attempt to give some statutory rec- sent that the motion to recommit be portant to a stable society. And in the ognition to domestic partnerships. I do considered as read and printed in the passage of this bill, which I intend to not think this is necessary to encum- RECORD. support, we do not intend to denigrate ber the statute with language which is The SPEAKER pro tempore. Is there other relationships of integrity. superfluous outside. Therefore, I op- objection to the request of the gen- Mr. UPTON. Madam Speaker, will pose the motion to recommit with in- tleman from California? the gentleman yield? structions. There was no objection. Mr. BERMAN. I yield to the gen- Mr. HYDE. Madam Speaker, will the The SPEAKER pro tempore. The gen- tleman from Michigan. gentleman yield? tleman from California is recognized Mr. UPTON. Madam Speaker, I sup- Mr. CANADY of Florida. I yield to for 5 minutes in support of his motion port the base bill, and I would say that the gentleman from Illinois. to recommit. I also support this motion to recom- Mr. HYDE. Madam Speaker, really, Mr. BERMAN. Madam Speaker, this mit, which does not delete, eliminate, this request for a GAO study does not is a motion to recommit with instruc- or change anything in the present bill, belong in the statute. I agreed a long tions. This motion to recommit is sim- as we will vote on final passage on this time ago to request it as chairman of ply adding an amendment to the bill measure whether or not this motion to the Committee on the Judiciary. We and asking that the bill be reported recommit passes or fails. should go forward with that. I pledge back forthwith. If this motion to re- If Members are like me, a very hap- to do so. I have assured the gentleman commit passes, the body will still be pily married man with two wonderful that I will ask for a study of the in- voting on the bill immediately after kids, this issue does not come up a lot stances in which the inability of do- the vote on the motion to recommit. in my household. But what this motion mestic partners to form a legal union The motion to recommit is very sim- to recommit does is it simply adds a causes a disparity of entitlement to ple: It simply asks for a GAO study to section calling upon the GAO to con- Federal benefits, rights, or privileges. look at the differences in benefits, duct a study determining the benefits, So to amend this bill is not necessary. rights, and privileges available to per- rights, and privileges given to those in The study mandated by the Gunder- sons in a marriage and to persons in a marriage but not those in long-term son amendment is overly broad. It in- domestic partnership resulting from domestic partnerships. As part of the cludes all State laws, it includes other July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7505 majority industrialized countries, in Torkildsen Vento Woolsey Meehan Thompson Watt (NC) addition to the Federal law. We think Torres Ward Wynn Roberts Thornton Young (FL) Torricelli Waters Yates our interest should be limited to the Towns Waxman Zimmer b 1414 benefits conferred under Federal law, Upton Williams The Clerk announced the following Velazquez Wilson and it should be tailored to that inter- pair: est. On this vote: There are other objections to it, but NAYS—249 suffice it to say putting it in the stat- Allard Gallegly Ortiz Mr. Johnston of Florida for, with Mr. Armey Ganske Orton Longley against. ute gives it an equivalence to the mar- Bachus Gekas Oxley So the motion to recommit was re- riage institution that we do not think Baesler Geren Packard is appropriate now. I will write the let- Baker (CA) Gillmor Parker jected. ter, I will do it Monday, I will request Baker (LA) Goodlatte Paxon The result of the vote was announced Ballenger Goodling Payne (VA) as above recorded. the study, and that should suffice. I Barcia Gordon Peterson (FL) would ask that this motion to recom- Barr Goss Peterson (MN) The SPEAKER pro tempore (Ms. mit be defeated. Barrett (NE) Graham Petri GREENE of Utah). The question is on Pickett The SPEAKER pro tempore. Without Bartlett Greene (UT) the passage of the bill. Barton Gutknecht Pombo The question was taken; and the objection, the previous question is or- Bass Hall (TX) Pomeroy dered on the motion to recommit. Bateman Hamilton Porter Speaker pro tempore announced that There was no objection. Bereuter Hancock Portman the ayes appeared to have it. Bevill Hansen Poshard Mr. CANADY of Florida. Madam The SPEAKER pro tempore. The Quillen Bilirakis Hastert Speaker, on that I demand the yeas question is on the motion to recommit. Bishop Hastings (WA) Quinn The question was taken; and the Bliley Hayes Radanovich and nays. Rahall Chair announced that the noes ap- Boehlert Hayworth The yeas and nays were ordered. Boehner Hefley Ramstad The SPEAKER pro tempore. This peared to have it. Regula Bonilla Heineman will be a 5-minute vote. Mr. BERMAN. Madam Speaker, on Bono Herger Riggs that I demand the yeas and nays. Boucher Hilleary Roemer The vote was taken by electronic de- Browder Hoekstra Rogers vice, and there were—yeas 342, nays 67, The yeas and nays were ordered. Rohrabacher Brownback Hoke answered ‘‘present’’ 2, not voting 22, as The SPEAKER pro tempore. The Bryant (TN) Holden Ros-Lehtinen Chair will reduce to a minimum of 5 Bunn Hostettler Roth follows: Bunning Houghton Roukema [Roll No. 316] minutes the period of time during Burr Hunter Royce which a vote by electronic device, if or- Burton Hutchinson Salmon YEAS—342 dered, will be taken on the question of Buyer Hyde Sanford Allard Clinger Furse passage. Callahan Inglis Saxton Andrews Clyburn Gallegly Calvert Istook Scarborough Archer Coble Ganske The vote was taken by electronic de- Camp Johnson (SD) Schaefer Armey Coburn Gekas vice, and there were—yeas 164, nays Canady Johnson, Sam Schiff Bachus Coleman Gephardt 249, not voting 20, as follows: Chabot Jones Seastrand Baesler Collins (GA) Geren Chambliss Kaptur Sensenbrenner Baker (CA) Collins (IL) Gilchrest [Roll No. 315] Chapman Kasich Shadegg Baker (LA) Combest Gillmor YEAS—164 Chenoweth Kelly Shaw Baldacci Condit Gilman Christensen Kim Shuster Ballenger Cooley Gonzalez Abercrombie Forbes Matsui Chrysler King Sisisky Barcia Costello Goodlatte Ackerman Fox McCarthy Clement Kingston Skeen Barr Cox Goodling Andrews Frank (MA) McDermott Coble Klink Skelton Barrett (NE) Cramer Gordon Baldacci Frelinghuysen McHale Coburn Knollenberg Smith (MI) Barrett (WI) Crane Goss Barrett (WI) Frost McKinney Collins (GA) LaHood Smith (NJ) Bartlett Crapo Graham Becerra Furse Meek Combest Largent Smith (TX) Barton Cremeans Green (TX) Beilenson Gejdenson Menendez Condit Latham Smith (WA) Bass Cubin Greene (UT) Bentsen Gephardt Millender- Cooley LaTourette Solomon Bateman Cummings Gutknecht Berman Gilchrest McDonald Costello Laughlin Souder Bentsen Cunningham Hall (TX) Bilbray Gilman Miller (CA) Cox Lewis (CA) Spence Bereuter Danner Hamilton Blumenauer Gonzalez Mink Cramer Lewis (KY) Spratt Bevill Davis Hancock Blute Green (TX) Moakley Crane Lightfoot Stearns Bilbray de la Garza Hansen Bonior Greenwood Mollohan Crapo Linder Stenholm Bilirakis Deal Hastert Borski Gunderson Moran Cremeans Lipinski Stockman Bishop DeLauro Hastings (WA) Brown (CA) Gutierrez Morella Cubin Livingston Stump Bliley DeLay Hayes Brown (FL) Harman Murtha Cunningham LoBiondo Talent Blumenauer Deutsch Hayworth Brown (OH) Hastings (FL) Nadler Danner Lucas Tanner Blute Diaz-Balart Hefley Bryant (TX) Hefner Neal de la Garza Manton Tate Boehlert Dicks Hefner Campbell Hilliard Oberstar Deal Manzullo Tauzin Boehner Dingell Heineman Cardin Hinchey Obey DeLay Mascara Taylor (MS) Bonilla Doggett Herger Castle Hobson Olver Diaz-Balart McCollum Taylor (NC) Bonior Dooley Hilleary Clay Horn Owens Dickey McCrery Tejeda Bono Doolittle Hilliard Clayton Hoyer Pallone Dingell McHugh Thornberry Borski Dornan Hobson Clinger Jackson (IL) Pastor Doolittle McInnis Tiahrt Boucher Doyle Hoekstra Clyburn Jackson-Lee Payne (NJ) Dornan McIntosh Traficant Browder Dreier Hoke Coleman (TX) Pelosi Doyle McKeon Visclosky Brown (FL) Duncan Holden Collins (IL) Jacobs Pryce Dreier McNulty Volkmer Brownback Durbin Horn Collins (MI) Jefferson Rangel Duncan Metcalf Vucanovich Bryant (TN) Edwards Hostettler Conyers Johnson (CT) Reed Edwards Meyers Walker Bryant (TX) Ehlers Houghton Coyne Johnson, E. B. Richardson Ehrlich Mica Walsh Bunn Ehrlich Hoyer Cummings Kanjorski Rivers English Miller (FL) Wamp Bunning English Hunter Davis Kennedy (MA) Rose Evans Minge Watts (OK) Burr Evans Hutchinson DeFazio Kennedy (RI) Roybal-Allard Everett Molinari Weldon (FL) Burton Everett Hyde DeLauro Kennelly Rush Ewing Montgomery Weldon (PA) Buyer Ewing Inglis Dellums Kildee Sabo Fawell Moorhead Weller Callahan Fawell Istook Deutsch Kleczka Sanders Fields (TX) Myers White Calvert Fazio Jacobs Dicks Klug Sawyer Flake Myrick Whitfield Camp Fields (TX) Jefferson Dixon Kolbe Schroeder Fowler Nethercutt Wicker Campbell Filner Johnson (CT) Doggett Lantos Schumer Franks (CT) Neumann Wise Canady Flake Johnson (SD) Dooley Lazio Scott Franks (NJ) Ney Wolf Cardin Foley Johnson, E. B. Durbin Leach Serrano Frisa Norwood Young (AK) Castle Forbes Johnson, Sam Ehlers Levin Shays Funderburk Nussle Zeliff Chabot Fowler Jones Engel Lewis (GA) Skaggs Chambliss Fox Kanjorski Eshoo Lofgren Slaughter Chapman Franks (CT) Kaptur Farr Lowey Stark NOT VOTING—20 Chenoweth Franks (NJ) Kasich Fattah Luther Stokes Archer Flanagan LaFalce Christensen Frelinghuysen Kelly Fazio Maloney Studds Brewster Ford Lincoln Chrysler Frisa Kennelly Filner Markey Stupak Dunn Gibbons Longley Clayton Frost Kildee Foglietta Martinez Thomas Ensign Hall (OH) McDade Clement Funderburk Kim Foley Martini Thurman Fields (LA) Johnston H7506 CONGRESSIONAL RECORD — HOUSE July 12, 1996 King Neumann Shuster On this vote: will probably be necessary to work Kingston Ney Sisisky Kleczka Norwood Skeen Mr. Flanagan for, with Mr. Clay against. very late on Tuesday and Wednesday Klink Nussle Skelton Mr. Longley for, with Mr. Johnston of evenings. However, we will finish legis- Klug Oberstar Smith (MI) Florida against. lative business by 6 p.m. on Thursday, Knollenberg Obey Smith (NJ) July 18. Kolbe Ortiz Smith (TX) So the bill was passed. LaHood Orton Smith (WA) The result of the vote was announced Mr. BONIOR. Madam Speaker, I Largent Oxley Solomon as above recorded. thank my colleague for his informa- Latham Packard Souder A motion to reconsider was laid upon tion, and I would ask my friend a cou- LaTourette Parker Spence ple of questions here. Will the welfare Laughlin Pastor Spratt the table. Lazio Paxon Stearns f reform proposal be considered sepa- Leach Payne (VA) Stenholm rately from Medicaid or will they be Levin Peterson (FL) Stockman PERSONAL EXPLANATION considered together as my colleague Lewis (CA) Peterson (MN) Stump Lewis (KY) Petri Stupak Mr. CLAY. Madam Speaker, I missed previously had planned? Lightfoot Pickett Talent the last rollcall vote, rollcall 316, be- Mr. DELAY. Madam Speaker, will the Linder Pombo Tanner cause I was trapped in the elevator. gentleman yield? Lipinski Pomeroy Tate Mr. BONIOR. I yield to the gen- Livingston Porter Tauzin Had I been here I would have voted tleman from Texas. LoBiondo Portman Taylor (MS) ‘‘no.’’ Lowey Poshard Taylor (NC) Mr. DELAY. We anticipate bringing Lucas Pryce Tejeda f welfare reform to the floor as a free- Luther Quillen Thomas standing bill separate from Medicaid. Manton Quinn Thornberry LEGISLATIVE PROGRAM Manzullo Radanovich Thurman Mr. BONIOR. Reclaiming my time, I Martini Rahall Tiahrt (Mr. BONIOR asked and was given thank the gentleman for that answer. Mascara Ramstad Torkildsen permission to address the House for 1 The second question I have is on the McCarthy Reed Torricelli minute.) rule and on debate time. Can my col- McCollum Regula Traficant McCrery Richardson Upton Mr. BONIOR. Madam Speaker, I ask league or the gentleman from New McHale Riggs Vento for this time for the purpose of asking York [Mr. SOLOMON], if he is here, give McHugh Roemer Visclosky the distinguished majority whip the us any indication on how long we will McInnis Rogers Volkmer schedule for the remainder of the week McIntosh Rohrabacher Vucanovich have for debate in this particular rule McKeon Ros-Lehtinen Walker and next week. or any information about the rule it- McNulty Rose Walsh Madam Speaker, I yield to the gen- self? Menendez Roth Wamp tleman from Texas [Mr. DELAY]. Mr. DELAY. If the gentleman will Metcalf Roukema Ward Meyers Royce Watts (OK) Mr. DELAY. Madam Speaker, I thank continue to yield, the Committee on Mica Rush Weldon (FL) the distinguished minority whip for Rules has not met yet on the welfare Miller (FL) Salmon Weldon (PA) yielding. reform bill. We certainly want to work Minge Sanford Weller Madam Speaker, I am pleased to an- Moakley Sawyer White with the minority to make sure ample Molinari Saxton Whitfield nounce that the House has concluded amount of debate time on this very im- Mollohan Scarborough Wicker its legislative business for the week. portant piece of legislation will be Montgomery Schaefer Wilson We will next meet on Tuesday, July 16, held, plus the fact that we want to Moorhead Schiff Wise Morella Schumer Wolf at 10:30 a.m. for morning hour and 12 make sure that every opportunity for Murtha Seastrand Wynn noon for legislative business. Members the minority to have a substitute will Myers Sensenbrenner Yates should note that the House will post- be available to the minority. Myrick Shadegg Young (AK) pone recorded votes until 5 p.m. in ac- Neal Shaw Zeliff Mr. BONIOR. Well, I thank my col- Nethercutt Shays Zimmer cordance with an agreement with the league for that assurance, because as minority to voice vote the rule on we know, there are Members, most of NAYS—67 Treasury, Postal appropriations bill. the Members on our side, in fact, all Abercrombie Hastings (FL) Payne (NJ) On Tuesday, Madam Speaker, the Ackerman Hinchey Pelosi the Members on our side have been Becerra Jackson (IL) Rangel House will consider the following seven deeply interested in the principle of Beilenson Kennedy (MA) Rivers bills under suspension of the rules: getting people off welfare and into Berman Kennedy (RI) Roybal-Allard H.R. 3166, The Government Account- work. We are very much interested in Brown (CA) Lantos Sabo Brown (OH) Lewis (GA) Sanders ability Act of 1996; H.R. 3458, the Veter- assurance from my colleague, which I Collins (MI) Lofgren Schroeder ans’ Compensation Cost-of-Living Ad- would believe we have just received, Conyers Maloney Scott justment Act of 1996; H.R. 3643, Extend- that we will have the opportunity to Coyne Markey Serrano ing Benefits to Veterans Exposed to DeFazio Martinez Skaggs present a Democratic alternative to Dellums Matsui Slaughter Agent Orange; H.R. 3673, The Veterans’ this body when the bill comes to the Dixon McDermott Stark Compensation and Readjustment Bene- floor. Engel McKinney Stokes fits Amendments of 1996; H.R. 3674, The Mr. DELAY. If the gentleman would Eshoo Meek Studds Farr Millender- Torres Veterans’ Education and Compensation yield, I appreciate it, and I concur with Fattah McDonald Towns Benefits Amendments of 1996; H.R. 361, the distinguished whip. I do point out Foglietta Miller (CA) Velazquez The Omnibus Export Administration that under the budget resolution, Frank (MA) Mink Waters Act of 1995; and H.R. 3161, Extending though, any substitute that would be Gejdenson Moran Waxman Gunderson Nadler Williams Most-Favored-Nation Status to Roma- allowed on the floor must conform to Gutierrez Olver Woolsey nia. the budget resolution and therefore Harman Pallone After suspensions, we will take up have to conform to the savings out- ANSWERED ‘‘PRESENT’’—2 under an open rule H.R. 3756, the Treas- lined in the budget resolution in the Jackson-Lee Owens ury, Postal Service and General Gov- underlying bill. (TX) ernment appropriations bill. Mr. BONIOR. I would ask my col- NOT VOTING—22 On Wednesday, July 17, the House league from Texas about the reform will turn to the Commerce, Justice, week that was announced earlier in the Brewster Gibbons Meehan Clay Greenwood Roberts State and Judiciary appropriations summer by the majority. Several press Dickey Hall (OH) Thompson bill, also subject to a rule. reports have outlined six or seven re- Dunn Johnston Thornton On Thursday, July 18, we will con- form bills which would be considered, Ensign LaFalce Watt (NC) Fields (LA) Lincoln Young (FL) sider H.R. 3760, Campaign Finance Re- and I am wondering what happened to Flanagan Longley form and H.R. 3734, the Balanced Budg- that list of reforms. Are we going to Ford McDade et Reconciliation Act. Both bills, of have just the campaign finance reform course, will be subject to rules. bill next week? Is the majority going b 1421 Members should note that next week to have some additional suspension The Clerk announced the following will be a very busy week. We have a lot bills that were not listed in those that pairs: of important business to cover and it he read to us just a few minutes ago? July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7507 What does the gentleman have in store AUTHORIZING USE OF CAPITOL woman from Connecticut [Ms. beyond the campaign finance piece GROUNDS FOR FIRST ANNUAL DELAURO] is recognized for 5 minutes. next week in terms of reform? CONGRESSIONAL FAMILY PICNIC Ms. DELAURO. Madam Speaker, it is Mr. GILCHREST. Madam Speaker, I day 3 and the Republican Senate con- b 1430 ask unanimous consent that the House tinues to hold the minimum wage hos- tage. Does this make any sense? The Mr. DELAY. If the gentleman will be considered to have agreed to the Senate passed an increase in the mini- continue yielding, I appreciate the concurrent resolution (H. Con. Res. mum wage by a vote of 74 to 24, and yet whip asking the question because it al- 198), authorizing the use of the Capitol this legislation is not on its way to the lows me the opportunity to point out Grounds for the first annual Congres- sional Family Picnic. President for signature. that this is the reform Congress; that Why? Because Senate Republicans on the first day of this Congress we The Clerk read the title of the con- current resolution. are holding the minimum wage hostage went until 1:30 the next day reforming to special interests. In exchange for re- this House, reforms that we are all The SPEAKER pro tempore. Is there objection to the request of the gen- leasing their hold on the minimum very proud of and voted for, to open wage, Republican Senators want medi- this House and give it back, and fin- tleman from Maryland? There was no objection. cal savings accounts added to health ished the day with the Congressional care reform as a ransom for its release. Accountability Act that is now law The text of House Concurrent Resolu- tion 198 is as follows: MSAs, the Republican payoff to spe- that makes all of us live under the cial interests and big donor insurance H. CON. RES. 198 same laws that we have passed. We companies. The same MSAs that Con- Whereas as the Member’s and Family have passed the gift ban and lobby re- sumers Union, Consumers Union is the forms, and many reforms over the Room is an official entity of the House of Representatives, administratively under the group that puts out Consumer Report course of the year. Office of the Clerk of the House; that tells you what kind of a car it Because of the problem of floor time, Whereas the purpose of the Member’s and makes sense to buy, what kind of an what we are bringing next week is the Family Room is to facilitate family life in appliance so that you do not buy a campaign finance reform, and I believe congressional families, and to promote colle- lemon. The same MSAs Consumers one other on suspension. Well, just gial relationships among the sitting Mem- Union called a time bomb that will campaign finance reform next week, to bers of Congress; and Whereas a family picnic on the Capitol make health insurance less accessible continue the efforts and the accom- grounds would promote the purposes of the and less affordable for many Ameri- plishments of this reform Congress, the Member’s and Family Room: Now, therefore, cans; the same MSAs that will make us 104th Congress. be it take a step backward in our quest for Mr. BONIOR. Madam Speaker, I Resolved by the House of Representatives (the health care coverage for the majority thank my colleague. I do not intend to Senate concurring), of Americans. debate, at 2:30 on Friday, how much re- SECTION 1. AUTHORIZATION OF FIRST ANNUAL This is an outrage. Over 80 percent of form this Congress has achieved. We CONGRESSIONAL FAMILY PICNIC ON the American people support a mini- CAPITOL GROUNDS. will have a good go at that for I sus- The Advisory Board of the Member’s and mum wage increase. Let me repeat pect about 3 hours next week, and we Family Room (in this resolution referred to that. Over 80 percent of the American obviously have a different point of view as the ‘‘Advisory Board’’) shall be permitted people support a minimum wage in- than my friend from Texas on this to sponsor an event, the first annual Con- crease. The Republican leadership un- issue. gressional Family Picnic, on the Capitol derstands that figure. In fact, the Sen- But I thank him for his information grounds on July 30, 1996, or on such other ate Republican aide told the New York and we wish him a good weekend. date as the Speaker of the House of Rep- Times that ‘‘Republicans do not believe resentatives and the President pro tempore in raising the minimum wage. We Mr. DELAY. Madam Speaker, if the of the Senate may jointly designate. gentleman would yield further, I also voted for it because it was killing us.’’ SEC. 2. CONDITIONS. Talk about political expediency. And wish everyone a good weekend and urge The event to be carried out under this res- them to get rest, because of the short olution shall be arranged under conditions to because they truly believe that they do week and an intense week. And I wish be prescribed by the Architect of the Capitol not believe in raising that minimum my friend a good weekend also. and the Capitol Police Board. wage and they do not believe in helping SEC. 3. STRUCTURES AND EQUIPMENT. American families by increasing their f For the purposes of this resolution, the Ad- economic earning power, and because visory Board is authorized to erect upon the they were forced to vote for it, they are ADJOURNMENT TO TUESDAY, Capitol grounds, subject to the approval of now holding the minimum wage in- JULY 16, 1996 the Architect of the Capitol, such structures crease hostage. and equipment (including cooking equip- f Mr. DELAY. Madam Speaker, I ask ment) as may be required for the event to be unanimous consent that when the carried out under this resolution. ANNOUNCEMENT BY THE SPEAKER House adjourns today, it adjourn to SEC. 4. ADDITIONAL ARRANGEMENTS. PRO TEMPORE meet at 10:30 a.m. on Tuesday, July 16, The Architect of the Capitol and the Cap- itol Police Board are authorized to make any The SPEAKER pro tempore. The 1996, for morning hour debates. Chair would remind Members that The SPEAKER pro tempore (Ms. such additional arrangements that may be required to carry out the event under this under the rules and precedence of the GREENE of Utah). Is there objection to resolution. House it is not in order to cast reflec- the request of the gentleman from The concurrent resolution was agreed tions on the Senate or its Members, ei- Texas? ther individually or collectively. There was no objection. to. A motion to reconsider was laid on Ms. DELAURO. Madam Speaker, a 90- cent increase is all that we are asking f the table. f for, 90-cent increase. But the Repub- licans are firm in their opposition. The DISPENSING WITH CALENDAR SPECIAL ORDERS Republican whip, the gentleman from WEDNESDAY BUSINESS ON The SPEAKER pro tempore. Under Texas, TOM DELAY, who was well com- WEDNESDAY NEXT the Speaker’s announced policy of May pensated as a Member of Congress, as Mr. DELAY. Madam Speaker, I ask 12, 1995, and under a previous order of we all are, to the tune of $133,600 a unanimous consent that the business the House, the following Members will year, he has said that ‘‘Families trying in order under the Calendar Wednesday be recognized for 5 minutes each. to get by on $4.25 an hour do not really rule be dispensed with on Wednesday f exist.’’ next. He should get out of Washington The SPEAKER pro tempore. Is there MINIMUM WAGE BILL HELD more and meet the 12 million Ameri- objection to the request of the gen- HOSTAGE IN SENATE cans, most of them, by the way, who tleman from Texas? The SPEAKER pro tempore. Under a are women, who would benefit from the There was no objection. previous order of the House, the gentle- wage increase. H7508 CONGRESSIONAL RECORD — HOUSE July 12, 1996 This extra pay may seem small but DOMESTIC VIOLENCE/WELFARE and they sent 73 new Members to this would mean 7 months of groceries, a RESOLUTION Congress for a very important reason. year of health care costs, 9 months of The SPEAKER pro tempore. Under a In fact, I think there were three or four utility bills or 4 months of housing. previous order of the House, the gentle- major things they wanted us to do. In the State of Connecticut, 87,158 woman from California [Ms. ROYBAL- First of all, I think they wanted us to hardworking people earn between $4.25 ALLARD] is recognized for 5 minutes. put the Federal Government on a diet. and $5.14 an hour. Each one of those Ms. ROYBAL-ALLARD. Madam Second, I think they really wanted us people would benefit by passing a mini- Speaker, we are all aware of the fact to pass term limits. Third, I think they mum wage increase. that domestic violence is at epidemic want commonsense regulatory reform. And finally, and perhaps most impor- In the Republican Whip TOM DELAY’s levels and rising. tantly, I think the American people State of Texas, 1.1 million people would What was not known until recently want us to change the way Washington benefit. That is 14.7 percent of the however, is the relationship between does business. Texas work force, not an insignificant domestic violence and welfare depend- Well, Madam Speaker, I think we number. ency: namely, that for victims of abuse, the welfare system is often the have made real progress. As a matter But these hardworking Americans in of fact, we passed the balanced budget Connecticut and Texas and their 12 only hope they have for escape and sur- vival. amendment out of this House. Unfortu- million fellow Americans continue to nately, it failed by one vote over in the wait for a boost in their wages because A recent study by the Taylor Insti- tute of Chicago offers insights as to Senate. We went on to pass the first the Republican Party continues to find balanced budget plan in over 25 years. new ways to block the increase. why so many women become trapped in the cycle of violence and dependency. We have eliminated over 270 programs This is legislation that has passed The study found that 50 percent to 80 and, as a matter of fact, we have saved both the House and the Senate and is percent of women on AFDC are current the taxpayers, this Congress, over $43 now being held hostage by extremists, or past victims of domestic violence. billion. people who would rather protect spe- It also documents how abusers keep The budget is moving in the right di- cial interests than to help ordinary women financially and psychologically rection, and we are moving towards working Americans. All the while, dependent by deliberately sabotaging balancing the people’s books. On the America’s workers struggle and they their efforts to succeed in education very first day we began to change the scramble to pay their bills, to put food and job training programs. For exam- way Washington does business, the way on their tables, to clothe their kids, to ple, the study found that abusers have we work. We passed the Shays Act. get them to school and to maintain been known to destroy their victims’ We said that Congress is going to their standard of living. books and homework, hide their cloth- have to live by the same laws as every- A minimum wage worker makes ing, inflict visible and embarrassing in- body else. That was a very important about $8,500 a year. That is it. Two- juries, and engage in abusive behavior change. For many years Congress thirds of these workers are adults and before important events such as high would pass new rules and new laws that almost 60 percent are women. Over 40 school equivalency examinations and everybody else had to live by, but at percent are the sole breadwinners in job interviews. the bottom of that bill it would say their family. The Department of These findings underscore the impor- something to the effect that nothing in Health and Human Services estimates tance of ensuring that any welfare re- this enactment requires the Congress that the minimum wage increase could form legislation enacted by Congress or the Federal Government to live by lift 300,000 families out of poverty, in- maintains this critical safety net. the same rules. cluding 100,000 children. Toward this end, Senator WELLSTONE b 1445 A great American once said, and I and I have introduced resolutions ex- Also, on the first day we opened the quote: pressing the sense of Congress that any committee meetings to the public for No man can be a good citizen unless he has welfare reform proposals shall not fur- the first time. We ended proxy voting, a living wage more than sufficient to cover ther endanger women and children who and this Congress passed the toughest the bare cost of living * * * so that after his are victims of domestic abuse by deny- gift ban in the history of the United day’s work is done he will have time and en- ing them access to their last source of States. ergy to bear his share in the management of support and means of escape. Madam Speaker, there was one area the community, to help in carrying the gen- I urge all of my colleagues to support where this Congress failed, and that is eral load. this important resolution. on the very important issue of term Which great American said that? f limits. We can dress it any way we Theodore Roosevelt. A Republican want, but I think that is one thing the VACATION OF SPECIAL ORDER President of the United States. Unlike American people want from this Con- AND GRANTING OF SPECIAL the Republicans in the Senate, Presi- gress, and that is to limit our own ORDER dent Roosevelt understood that Ameri- terms. They have been too long where cans deserve to be treated fairly and to Mr. GUTKNECHT. Madam Speaker, I Members who have served for years and be honored for their work. ask unanimous consent to claim the years and years are no longer account- Day 3 of the Republicans holding hos- time of the gentleman from Indiana able to them and they begin to believe tage the minimum wage. Day 3, and [Mr. MCINTOSH]. that all wisdom emanates from here in the American people continue to wait The SPEAKER pro tempore. Is there Washington, rather than from back in for something they support overwhelm- objection to the request of the gen- the districts which they are supposed ingly. Day 3, and the special interests tleman from Minnesota? to serve. continue to control the Republican There was no objection. Madam Speaker, I have held over 75 agenda. It is time to free the minimum f town meet meetings in my district. wage. Frankly, at virtually every one of MESSAGE FROM THE VOTERS them the issue of term limits has come f The SPEAKER pro tempore. Under a up. previous order of the House, the gen- Another issue that people are con- The SPEAKER pro tempore. Under a tleman from Minnesota [Mr. cerned about is the whole concern previous order of the House, the gentle- GUTKNECHT] is recognized for 5 min- about congressional pensions. As a woman from Washington [Mrs. SMITH] utes. matter of fact, almost monthly we read is recognized for 5 minutes. Mr. GUTKNECHT. Madam Speaker, I about some Member of Congress who is [Mrs. SMITH of Washington ad- am one of those Members of the fresh- receiving a six-figure income after they dressed the House. Her remarks will man class in the 104th Congress, and I retire from this body. We have read re- appear hereafter in the Extensions of do believe that 2 years ago the Amer- cently, just in the last year, that a Remarks.] ican people sent a very clear message former Speaker, and I will not mention July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7509 names, but a former Speaker is getting good enough. Working families in floor do? It does not take money out. It $123,804 per year; that a former minor- America want us to change the way puts more money into campaigns. In ity leader of this body is getting Washington does business. They want fact, the Speaker himself said in No- $110,538 per year; and another gen- Congressional reform. I hope we can vember, and I quote, ‘‘One of the great- tleman who served as the Chair of one get it in the next several weeks. est myths of modern politics is that of the more powerful committees, who f campaigns are too expensive. The po- will soon become a constituent of litical process in fact is underfunded. It VETERANS ARE AT A mine, will receive a pension of $96,462 is not overfunded.’’ That is not what CROSSROADS per year. my constituents are telling me. The public is saying enough is The SPEAKER pro tempore (Ms. First of all, this bill would reduce po- enough. They did not get term limits. GREENE of Utah). Under a previous litical action committees, what they There is one way that we can perhaps order of the House, the gentleman from can contribute, by one-half, perhaps kill two birds with one stone. That is West Virginia [Mr. WISE] is recognized worthwhile. But it would permit indi- by passing a bill that would limit pen- for 5 minutes. vidual contributions to go up from sion accrual for Members to 12 years. If Mr. WISE. Madam Speaker, there are $1,000 to $2,500, what an individual can we cannot force Members to retire two issues I wish to talk about today. give to a candidate. That does not after 12 years, at least we can take First of all is veterans. sound like reform to me. some of the money out of it. Madam Speaker, I think it is impor- Whereas the bill that has been talked To that end, I have introduced H.R. tant that we recognize that veterans about for the Democratic side would 1618, and we have a companion bill are at a crossroads right now and this limit political action committee con- which is much easier to remember in Congress is at a crossroads, and it is tributions to one-third of what a can- important to reestablish that commit- the Senate. It is Senate bill 1776. So didate could receive, this would in- ment and to reaffirm commitment to Members watching on TV and those on crease and take the limits off what C–SPAN, if they remember Senate bill our veterans. The budget plan that was proposed in PAC’s could contribute. There would be 1776, they can remember the bill. no limitation in the Speaker’s bill on What this bill says is that Members this House just last year would have cut veterans’ programs, VA programs, soft money, which is one of the most would limit their pensions accrual. egregious offenses that either party After they had served for 12 years, by $6.4 billion to the year 2002, and yet at the same time there would have can commit, funneling large amounts their pensions would stop adding up. of money into State parties without What that would mean is that at the been over $2 billion in tax cuts, many of which went to the wealthiest indi- any accounting. current level of salary for a Member of Also, this bill does nothing to take Congress, the maximum level of pen- viduals. This proposal, had it gone through, on the recent Supreme Court decision sion that a Member of Congress could that in effect says a political party, get would be $27,254. would have meant the VA medical sys- tem would have had to reduce employ- Republican or Democrat, can make an Now, under this plan, if this bill were unlimited independent expenditure in in law today, the total savings to the ment by 9,500 employees, denying care behalf of a candidate, one of the great- taxpayer per year would be $7,892,140. to 165,000 veterans that it was planning to take care of. This also means that est loopholes going. But, more importantly, we would take So what this bill does that they are some of the incentive away for Mem- they would have had to have reduced their workforce by the year 2002 by going to bring to the floor does not bers staying years and years and lit- begin to cut down to the flow of money erally beginning to grow roots here in 61,000 workers or about 30 percent of going into campaigns. It only takes the Washington. their work force. limits off and makes the situation far I think the American people are I am happy to say that we beat this speaking loudly and clearly that they back, Madam Speaker, but yet even worse than it is. What we need, in order to deal with support this basic notion. There was under the appropriation bills veterans the Supreme Court decisions as well as some polling done recently by the were going to be asked to increase pre- other actions, we are going to have a Luntz Research Company, and what it scription copayments, to double the co- constitutional amendment that says demonstrates is this: Would you be payment that veterans pay for pre- more or less likely to vote for a Mem- scription drugs, and to deny 150,000 vet- that free speech and expenditure of ber who voted to reduce the growth in erans Medicaid coverage in 2002, most money are not the same thing; that congressional pension? Sixty-five per- of whom could not afford private insur- simply because we can spend more cent of the people in the United States ance and would have been ineligible for money, that is not equated to free said they would be more likely to vote VA medical care. speech. for those candidates. We were able to beat that back, as I am greatly concerned because I see I think the American people are well, and I am happy to say that I sup- the cost of campaigns going up, I see speaking loudly and clearly. They ported on the floor recently the Stump outside groups coming in, I see inde- would like to see term limits and they amendment, a bipartisan amendment pendent expenditures steadily rising, would like to see limits on the amount to increase VA medical care by $40 mil- all of which is taking control farther of pensions that Members of Congress lion over both the President’s request and farther away from the everyday can collect. and the committee bill. Indeed, there voter and constituent. Yet this bill, I think the bill that we have intro- was almost $1 billion of increased fund- branded as reform, only takes us fur- duced, and my sponsor over in the Sen- ing for veterans health care in that ther in that direction. It does not take ate is Senator JIM INHOFE from Okla- bill. I also supported permitting Medi- money out of the electoral system, it homa, I think we have introduced a bill care to reimburse for veterans’ care, puts more money in, and it makes can- that makes sense. It is fair. It is rea- particularly in military hospitals. I am didates more responsive to large indi- sonable. It is responsible, and it is long sorry that that was defeated, but we vidual contributors. overdue. will be back again. The interesting thing is, a family of Madam Speaker, everywhere I go, CAMPAIGN REFORM four could contribute up to $2.4 mil- and as I say, I have had 75 town meet- Madam Speaker, I also want to talk lion. If they have got it, folks could ings, people ask me, ‘‘GIL, why are you about campaign reform, because next contribute up to $2.4 million under this not doing more in terms of reform of week is billed as reform week by the bill. That is not campaign reform, and Washington?’’ And they ask me, ‘‘GIL, Republican leadership in this House. I do not think anybody in my district are you going to pass term limits? What kind of reform are we looking at thinks that it is. When are you going to pass congres- for campaign reform? It is interesting. Another interesting provision in this sional pension limits, so that we do not My constituents tell me, ‘‘BOB, the bill is that it was suggested no money see Members retiring with six-figure problem is there in too much money in could be raised within 50 miles of parachutes?’’ politics, and you ought to get it out.’’ Washington. I ought to be happy with We did not get term limits through, What does this campaign reform bill that provision because the eastern but saying ‘‘Sorry, we tried’’ is not that the Speaker is bringing to the Panhandle, which is just 50 to 60 miles H7510 CONGRESSIONAL RECORD — HOUSE July 12, 1996 from West Virginia, could become the that really does cross political bound- the American well-being. H.R. 3460 is mecca. This could become a boon to aries, because on this particular issue about to be put to this floor, and it the hotel and catering industries. But there is widespread bipartisan support would steal America’s technology. It the reality is that this bill is not good from people who are sincerely con- should be defeated and the for West Virginia and it is not good for cerned about an attack on a fundamen- Rohrabacher amendment put in its voters across the country. This is not tal building block of American prosper- place. reform. ity. f f Both Democrats and Republicans THE MINIMUM WAGE AND HEALTH have signed on to a bill that I have to VACATION OF SPECIAL ORDER CARE REFORM restore the guaranteed patent term to AND GRANTING OF SPECIAL Americans. I know this sounds like a The SPEAKER pro tempore (Ms. ORDER yawner of an issue. I mean, patent law, GREENE of Utah). Under a previous Mr. ROHRABACHER. Madam Speak- after all. But what is happening right order of the House, the gentleman from er, I ask unanimous consent to claim now, and most Americans do not un- New Jersey [Mr. PALLONE] is recog- the time of the gentleman from Vir- derstand it, is that there is an abso- nized for 5 minutes. ginia [Mr. WOLF]. lutely despicable underhanded attack Mr. PALLONE. Madam Speaker, I am The SPEAKER pro tempore. Is there on the American patent system. We here today to talk for 5 minutes about objection to the request of the gen- have multinational corporations that 2 issues that I think are really crucial tleman from California? are engaged in an effort to change the to the American people and that have a There was no objection. fundamental law that has permitted real chance of passing in this House f America to be the No. 1 technological and in the Senate and be signed into law by the President, if only the Re- ATTACK ON THE AMERICAN power in the world. publican leadership would allow the PATENT SYSTEM Yes, patent law is such a yawn. Who is concerned about patent law? Well, legislation to be voted on in, to be The SPEAKER pro tempre. Under a long ago our economic adversaries and, brought to the floor and voted on in a previous order of the House, the gen- yes, our military adversaries figured fashion that most Members agree on, tleman from California [Mr. out what America’s greatest strength whether they happen to be Republican ROHRABACHER] is recognize for 5 min- is. It is not that our people work so or Democrat. utes. hard, because our people do work hard, One is the minimum wage increase Mr. ROHRABACHER. Madam Speak- but people all over the world work and the other is health care reform leg- er, during election years we hear a lot hard. islation that was originally sponsored of people who are steamed on this issue But our people when they work, or in the Senate by Senator KASSEBAUM or that issue. They are very upset our defenders when they defend our and Senator KENNEDY, again on a bi- about it. The fact is that many times it country, have superior technology. partisan basis. is just because it is an election year, That gives us our edge. It always has. The minimum wage hike is long over- and we have to remember that. We have the technological edge. That due. I know that my colleague from For example, the other party did con- is what has secured our country’s secu- California on the other side said, well, trol both Houses of Congress and the rity and has secured us a standard of why did not the Democrats do it 2 Presidency for 2 years just prior to living that has been admired and years ago or why did not such-and-such when Republicans took control of both envied all over the world. do it whenever. I am not really con- Houses of Congress. During that 2-year Is it any surprise, then, that our eco- cerned about the past. time period, if indeed it had been im- nomic adversaries and countries that The reality is that we know there are portant for the Democratic Party to do not like the United States would an overwhelming majority in the pass an increase in the minimum wage, look for our Achilles heel? What is it House and in the Senate, both Demo- they would have passed that increase that gives us that power? What gave crats and Republicans, that would vote in the minimum wage because they had Samson that strength but his long for this very simple minimum wage control of both Houses of Congress and locks? Our secret is the fact that we hike if they were given an opportunity the Presidency, but they did not. have had the best technology, and we to do so. And once again, this week in If, indeed, there is something where have had the best technology because the other body, in fact, there was a Republicans in the Senate are holding we have had the strongest patent sys- vote, and efforts by the Republican back on an increase in minimum wage tem in the world. leadership over there to try to put in in order to get something else that Now, there is an underhanded effort, what I would call poison-pill amend- they want, I think we have to remem- an effort that has been going on for ments that would have delayed imple- ber that if we call that holding it hos- about 2 years to try to change the fun- mentation of the minimum wage hike tage, the liberal Democrats who con- damental patent law of this country so or would have excluded small busi- trolled both Houses of Congress and the that it will undermine America’s abil- nesses so that half the people who now Presidency must have held the mini- ity 10 years down the road to benefit from the minimum wage would mum wage hostage for 2 years because outcompete our economic adversaries. not have gotten the increase. Those they had all the power in the world to Some people, of course, who are sup- amendments were defeated overwhelm- do what they wanted to do. porting the patent changes are doing so ingly, again, on a bipartisan basis. Also, when we hear about other perfectly well-intentioned, and perhaps The only thing that is holding up this apsects that seem to be important now they bought into this or that argu- bill right now is because the Repub- to the people on the other side of the ment. The fact is, what is the driving lican leadership in the other body has aisle, campaign reform, for example, it force behind those who want to change decided that they will not appoint con- should not be any surprise to anyone our patent law? The driving force is an ferees and links the appointment of who is really paying attention that idea that we should globalize all patent conferees to conferees being appointed they could have also passed any type of law, so all of the laws should be the on the health care reform bill, the campaign reform they wanted. After same, and Americans who have had the other bill I mentioned today. all, they did control both Houses of strongest guaranteed patent rights of Well, some of you may, my col- Congress and the Presidency. But they any people in the world will just have leagues certainly know but I am not did not do that. Maybe they are upset to live with fewer rights because we sure that the public knows what we now because they are suggesting that need a global harmonization of law. mean when we talk about appointing they want to do something that they conferees. This is when there is basi- b did not do when they had the power to 1500 cally a meeting or negotiation between do it. That is sort of confusion. Well, that concept may appeal to the two Houses on different bills. If you Well, I would like to talk about some people. It certainly appeals to do not appoint the conferees and you something that I talked about long be- multinational corporations and big do not bring the bill to the floor, the fore it was a political year, something businessmen. But that is a threat to bill does not pass. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7511 That is what we face now. A con- reform. I think most of us on a biparti- China, for example, where President Clinton certed effort on the part of the Repub- san basis would like to see some kind delinked human rights from MFN trading sta- lican leadership in the other body to of welfare reform. How can you have tus. After resounding denouncements of Presi- not let these two bills come to the welfare reform if you do not have an dent Bush's policy to elevate trade matters floor and be passed. It is a shame. increase in the minimum wage? You above concerns for human rights Bill Clinton The American people, those who are have to provide an incentive for people advanced the identical notion to the point on the minimum wage need a hike. to get off of welfare, for people to not where there are no longer even discussions They have not had one for a long time. need government assistance. on human rights with the Chinese. National Many people would benefit from the If they do not make a fair-share wage Security Adviser Anthony Lake just returned Kennedy-Kassebaum health insurance that will not be possible. I want to from a round of high level talks with China. reform because it would provide port- point out that in my own State, on a The topic of human rights was conspicuous by ability, the ability to take your health State level we passed a minimum wage its absence from the agenda. insurance with you when you lose a job increase a few years ago somewhat In Russia itself, anti-Semitism is cropping up or when you transfer jobs. similar to the one proposed on the Fed- more and more. Anti-Jewish rhetoric, if not It would also allow for people to buy eral level. The result was that more commonplace, is at least being voiced by health insurance who now cannot be- jobs were created. some mainstream officials. Presidents Carter, cause they have a preexisting medical There was a study done by two Reagan, and Bush condemned anti-Semitism condition. Princeton University economists re- and antihuman rights policies to every turn. Now, it is time for this legislation to cently for New Jersey and basically Today's White House remains silentÐto of- move and be passed and be sent to the what it pointed out was the minimum fend no one and thereby offend us all. President. We only have a short wage workers take that extra money I visited Chechnya last year, met the peo- amount of time here. I do not know, and they go out and buy things, wheth- ple, Russian and Chechen, soldier and civil- there is maybe 25, 30, possibly fewer er it is food or whatever it is that they ian, and saw first hand the results of this hor- legislative days. If the Republican need as basic necessities of life. That ror. I saw the burned out school of leadership continues to put a hold on creates more jobs. It actually helps the Shamanski. Heard about the grotesque and these bills—— economy. I know some have suggested unspeakable acts drug-crazed soldiers com- f that raising the minimum wage is mitted on old men and women. Since return- ANNOUNCEMENT BY THE SPEAKER going to lose jobs, but that is not the ing, I have urged the President time and again PRO TEMPORE case. It actually increases economic to speak out against this war. I have asked The SPEAKER pro tempore. The activity. I urge that this bill move in him to offer to help by making available a high Chair must interrupt to repeat her ear- both Houses and go to the President. level person experienced and wise in diplo- lier admonition concerning reflections f macy and negotiation to help both sides search for common ground. To search for a on the Senate. TRAGEDY IN CHECHNYA Mr. PALLONE. Madam Speaker, I more humane way out. But this administration just wanted to, if I could, in the time The SPEAKER pro tempore. Under a did nothing. This administration does nothing that remains to me, point out that the previous order of the House, the gen- to advance human rights or to condemn the minimum wage right now is $4.25 an tleman from Virginia [Mr. WOLF] is horrors taking place in Chechnya. hour, which adds up to about $8,800 a recognized for 5 minutes. Here are copies of my exchanges of ideas year. It is a disgrace that someone in Mr. WOLF. Mr. Speaker, yesterday's head- with the President; with the administration. I America can work a 40-hour week for 52 line was ``Russia pounds Chechens as elec- insert these in the RECORD at this time. weeks a year and only earn $8,800. How tion truce unravels.'' Today's headline tells us My point in standing here is to advance the can we as a country that was founded the ``Chechen war escalates once more.'' Re- notion that America stands for something im- on principles that we all have the same port after report details a growing number of portant. Like it or not we are the sole nation opportunity to improve our quality of casualties. Many people, both military and ci- of sufficient stature, strength, and compassion life to pull ourselves up from boot- vilian, are being killed each day. No one which can, in the world court of public opinion, straps only to deny those dreams to seems to know exactly how many but the total speak on the side of those with no voice. If we our working poor. is growing. So is the number of refugees try- do not, they will not be heard. More will die Every day that the Republican ma- ing to stay one step ahead of the fighting and and suffering will intensify. jority delays the vote to increase the destruction; moving like the tide, first here, But we remain silent. Mr. Speaker, we call minimum wage, another American then there. Fleeing, leaving the fighting and on the President to condemn Russian brutality dream is essentially shattered. The Re- danger behind only to reencounter it up in Chechnya. Condemn those who ignore the publican leadership has talked about ahead. basic human rights of others. And urge Vice family values for many years, but I The Russian military has taken off the President GORE to carry this important word to think its mere rhetoric when it comes gloves now that Boris Yeltsin has been safely his Russian counterparts during his visit there to minimum wage. Minimum wage reelected. With tough talking ex-General Alex- next week. workers are forced to leave their fami- ander Lebed in his corner, President Yeltsin HOUSE OF REPRESENTATIVES, lies far beyond the 8-hour day just to has unleashed an awesome array of brutal Washington, DC, July 10, 1996. military might on tiny independent-minded Hon. ALBERT GORE, Jr., provide a balanced meal for their chil- The Vice President, The White House, Washing- dren. Chechnya. The apparent goal is to crush the ton, DC. If a minimum wage earner worked a life out of any desire for independence, no DEAR MR. VICE PRESIDENT: As you prepare 16-hour day, they would only earn $68 matter what the price. The most recent down for your meeting with Viktor Chernomyrdin for that day. Under the Democratic payment was the death of Russian Maj. Gen. this weekend in Moscow, I wanted to share proposal, which again is really a bipar- Nikolai Skripnik and a number of other sol- with you the correspondence between the ad- tisan proposal, they would take home diers on one side and guerrilla fighters and in- ministration and myself on the brutal war in over $82 a day for their efforts, an extra nocent civilians on the other. The numbers Chechnya. I also have enclosed an op-ed by grown each day now. And no one seems to Georgie Anne Geyer from the Washington $14. That means that maybe they can Times with which I strongly agree. go out and buy a meal for their chil- have the will to stop this carnage. It is time for the administration to pub- dren or a healthier meal. Certainly no one in our White House. This licly denounce the fighting in Chechnya and Right now many who live on the min- administration continues to sit on its hands re- find a fair, honest mediator to help work out imum wage do not have health insur- garding Chechnya. It has not spoken out to the differences between the two sides. The ance. They do not have the ability, ba- condemn the brutality and the havoc. The Russian people, the Chechens and, indeed, sically, to provide for their family. My Clinton policy on Chechnya has been to re- the world is waiting for a public statement point is that if we increase the mini- main silent. Deathly silent. Webster's defines of condemnation from the United States. mum wage, we make it possible for a genocide as ``the deliberate, systematic de- While I believe it is way overdue, you now have the opportunity, at this, your first lot of these people to not be so depend- struction of a group.'' Chechnya is a textbook post-election meeting with your Russian ent upon government subsidies. example of genocide and we say nothing. counterpart, to make such a statement. Again, there is going to be a bill com- This administrationÐthis PresidentÐhas Mr. Vice President, this is your oppor- ing to the floor next week on welfare walked away from human rights at every turn. tunity to publicly stand for human rights H7512 CONGRESSIONAL RECORD — HOUSE July 12, 1996 and peace in Chechnya. Please use the up- looking better and better to them each day. He notes: coming meeting to publicly, forcefully and Perhaps it is not too late. Perhaps there is . . . military action could spread from unabashedly condemn the fighting in Russia still time for you to offer the services of an Chechnya to next door neighbor Ingushetia. and urge the Russian government to seek a American statesman to help the warring par- Not only would this bring senseless killing, peaceful settlement. ties in the search for common ground. Per- destruction, and misery to a new region that I also hope, now that the elections are haps there is time to end the killing. is, today, relatively tranquil, it would deny over, that the administration will take a I urge you to try. What more is there to an existing haven to many Chechens who fresh look at offering the use of a tested and lose in this matter? At least let’s get the bat have fled from the daily terrors of their proven statesman to help resolve the conflict off our shoulder and go down swinging. Mr. homeland. When I recently visited that re- between the two sides. It would be a sign President, I do not mean to be disrespectful gion, I went to an Ingushetian refugee camp that the U.S. has advanced beyond a policy but this opportunity will not come again. for Chechens, mostly women, children and of watching the killing to actually doing Please. the aged. They do not need another turn in something about it. Sincerely, a war zone. Thank you. FRANK R. WOLF, Sincerely, Member of Congress. . . . the conflict in Chechnya will not con- FRANK R. WOLF, tinue at its present level. It cannot get bet- ter so it will only become worse. Not only Member of Congress. HOUSE OF REPRESENTATIVES, Washington, DC, May 23, 1996. will pain an suffering intensify with contin- ued fighting but the opportunity for rec- THE WHITE HOUSE, Hon. WILLIAM J. CLINTON, onciliation or consensual peace will recede Washington, DC, June 25, 1996. The PRESIDENT, Hon. FRANK WOLF, The White House, Washington, DC. further into the realm of the improbable. House of Representatives, Washington, DC. DEAR MR. PRESIDENT: Buried on page A–4 . . . the Clinton Administration (Mr. DEAR REPRESENTATIVE WOLF: I am writing of this morning’s New York Times was the Aoushev’s term) is ignoring human rights in response to your letters regarding the ap- enclosed article reporting 160 more killed in violations by Russian military and has not pointment of a special American envoy to fa- Chechnya. Dying there has, I suppose become done enough to use its influence to end the cilitate peace in Chechnya. so commonplace as to barely be newsworthy. conflict. As I wrote to you previously, my Adminis- Won’t you at least consider appointing a spe- I hope you will consider what Mr. Aoushev tration was prepared to consider a special cial American envoy whose sole goal is to has to say and I reiterate my earlier and American envoy had either the Russians or bring these two warring parties to the nego- often made suggestion that you should offer Chechens expressed an interest in such an tiating table to agree to stop shooting one to both sides an American negotiator of prin- intermediary; neither side did. In April, the another? ciple and stature whose task is to urge and Russians considered possible Russian medi- One can try to do good and fail or one can prod the parties to this senseless conflict to ators and expressed interest in the good of- fail to try to do good. They are miles apart. stop it. How could it hurt? It might help. fices of King Hassan II of Morocco. I spoke to I urge you, Mr. President, make this effort. Continuing to do nothing is to accept or even the King about what role he might play. Thank you. to encourage more inhumane acts on help- Appointment of an unsolicited American Sincerely, less people. mediator under such circumstances would FRANK R. WOLF, Please work to stop this senselessness. have accomplished little for peace in Member of Congress. Chechnya. Indeed, it might well have hin- Thank you for your time. dered and undercut the OSCE mission’s ef- 160 REPORTEDLY KILLED IN CHECHNYA BATTLE Sincerely, FRANK R. WOLF, forts, which led to the May 27 meeting in MOSCOW, May 22 (AP).—Up to 40 Russian Member of Congress. Moscow between President Yeltsin and troops and 120 separatists were killed today Chechen rebel leader Yandarbiyev. That in a fierce battle near Bamut, in western meeting produced a cease-fire agreement and Chechnya, the Itar-Tass news agency re- HOUSE OF REPRESENTATIVES, restarted direct Russian-Chechen negotia- ported. Washington, DC, April 25, 1996. tions. While tenuous, these negotiations ap- Up to 1,000 rebels have been defending the Hon. WILLIAM J. CLINTON, pear to be making some progress toward re- hills around he village, which lies in ruin, The PRESIDENT solving the Chechen situation. against Russian artillery, tanks and war- The White House, Washington, DC. I fully agree on the need to help bring planes, a high-ranking Defense Ministry offi- DEAR MR. PRESIDENT: Thank you for your peace to Chechnya. My Administration has cial said. response to my last letter expressing concern pursued various means to promote a settle- The Russians suspect that a large rebel over Chechnya. I have been in Chechnya, ment in Chechnya and will continue to do so weapons cache is hidden at Bamut, a former seen the results of the war, met with the through every available path that does not Soviet missile base 35 miles southwest of people there and have a sense of their re- interfere with or undermine a negotiating Grozny, the capital. solve, their bitterness and their anger. They process that is ongoing. But Defense Minister Pavel S. Grachev are a hearty, robust and proud people. I appreciate your concern about this issue. still said today that Moscow would reduce Chechens are good fighters and will not yield Sincerely, the number of regular army troops in in this situation, not as long as even a few BILL CLINTON. Chechnya as part of a peace plan offered re- have the means to resist. cently by President Boris N. Yeltsin. I believe more must be done and time is HOUSE OF REPRESENTATIVES, Speaking to army officers in Washington, DC, June 3, 1996. Yekaterinburg, Mr. Grachev said the with- running out. Time has already run out for too many Chechen men, women and children Hon. WILLIAM J. CLINTON, drawals would be finished by Aug. 1, but he as well as for too many Russian soldiers and The PRESIDENT, did not say how many units would be pulled The White House, Washington, DC. out. He has announced withdrawals before their families. Though not intended, each time you meet with President Yeltsin or DEAR MR. PRESIDENT: Enclosed is a piece that turned out to be only troop rotations. on Chechnya from today’s Washington Times Tens of thousands of soldiers from the In- visit Russia . . . with the purpose of prop- that I wanted you to see. With Russia’s elec- terior Ministry and the regular Russian ping him up or lending stature to his presi- tions less than two weeks away, it may be Army have been in Chechnya since December dency . . . the opposite and undesired out- too late to do anything about Chechnya. If it 1994 trying to defeat the outmanned separat- come results. Before your meetings, he tries, is not already midnight, we are dangerously ists. once again, to clean up events in Chechnya close. with a renewed and vigorous military on- Mr. President, with all respect, I fear this HOUSE OF REPRESENTATIVES, slaught causing more Chechens and more country—your administration—has squan- Washington, DC, May 7, 1996. Russian soldiers to die, and the two sides be- dered a wonderful opportunity to cement Hon. WILLIAM J. CLINTON, come even more deeply mired in the conflict. tranquil relations with a Russia searching The PRESIDENT, President Yeltsin’s attempt to make for peace and economic development. Rather The White House, Washington, DC. Chechnya disappear from the radar screen we risk the emergence of a different Russia; DEAR MR. PRESIDENT: I am, once again, before you meet has the opposite and un- a Russia not only disillusioned with writing to point out that conditions for the wanted result of more killing, more conflict unfulfilled promises of a more democratic men, women and children in Chechnya con- and a diminished way out of this mess. He form of government and a market based tinue to deteriorate as hopelessness and ha- has apparently even found it necessary to lie economy but now a Russia thoroughly em- tred battle one another. Did you see the en- to you. According to the enclosed Reuters re- barrassed and angered by the inability of its closed Washington Times piece reporting the port, the Russian military attacks which re- military to quell the uprising of tiny views of Duma Member, Mr. Aoushev, who is sulted in Dzhokhar Dudayev’s death were oc- Chechnya. also the deputy chairman of their par- curring even as President Yeltsin assured There is a saying about the devil you know liament’s national security committee? He you that he was pursuing a peaceful resolu- being better than the devil you don’t know. makes several thoughtful points which tion in Chechnya. I sense the Russian people are approaching should give us pause about a ‘‘see nothing— President Yeltsin’s history here is one of this point and a return to communism is do nothing’’ policy. reacting badly in Chechnya each time you July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7513

and he are to meet. The outcome inevitably ment in killing Dudayev, to whom President THE WHITE HOUSE, is an even more difficult problem for him Boris Yeltsin had offered indirect talks to Washington, May 7, 1996. and may result in his downfall in the June end the 16-month conflict, was mired in con- Hon. FRANK R. WOLF, elections. He may not win reelection without troversy. House of Representatives, resolving this Chechnya situation. Tikhomirov was quoted by Interfax as say- Washington, DC. I agree that our interests and Russia’s as ing his troops had not conducted any special DEAR REPRESENTATIVE WOLF: Thank you well are better served with Mr. Yeltsin as operation to assassinate Dudayev. But an In- for your recent letter on Chechnya. I fully president when compared to other likely terior Ministry source said on Wednesday he share your concern about the Chechnya con- candidates. If he loses, Russia and their fed- had been killed in retribution for an ambush flict. eration of states will take a giant stride last week in which Chechen fighters killed I discussed the conflict with President backward. So I believe America must do all up to 90 Russian soldiers. Yeltsin on April 21 and urged, as I have in it can to bring resolution to the Chechen In a more detailed report, Interfax quoted the past, that he seek a peaceful settlement. conflict, for them, certainly, but for us as another source as saying Dudayev had been We have had other high-level communica- well. deliberately targeted by a rocket fired from tions regarding Chechnya with the Russian No one, least of all me, wants US involve- the air which homed in on him by following government since my return from Moscow ment on the ground in that region. But the signal of his satellite telephone. This and have urged a halt to Russian military America, as no other, is a respected and source said it was the fifth attempt in the actions. We have also approached a number trusted force standing for freedom and jus- past two or three months to destroy Dudayev of third countries to ask that they press the tice. Our leadership alone can drive a peace by this means. The first four had failed, the Russian and Chechen sides to pursue a nego- solution. As I have asked before, and copies source said, because the Chechen leader tiated solution. of all my earlier letters on this issue are en- ended his telephone conversation before the I have told President Yeltsin that the closed to refresh your memory, please offer rockets could target him. United States is prepared to do whatever it to President Yeltsin . . . and urge him to ac- can to support a peaceful settlement. To cept . . . the appointment of an American of Tikhomirov called the report of retribu- date, neither side has asked for an American considerable stature to negotiate and to tion ‘‘madness and an attempt to pass on to intermediary, but, if such a request were search for a peaceful end to this tragedy in the federal troops the blame for a possible made, we would certainly consider it. As you Chechnya. I know there are many good can- disruption of a peace settlement in know, the Organization on Security and Co- didates, perhaps a retired flag or general of- Chechnya.’’ He said his forces had stuck to operation in Europe maintains a mission in ficer or a statesman on the order of former Yeltsin’s order to halt military operations Groznyy, which has in the past facilitated Secretary Holbrooke. and only responded to rebel attacks. Russian-Chechen talks. And several promi- Mr. President, when I first wrote on this Yeltsin ordered troops into Chechnya in nent Russians, as well as King Hassan II of issue, our interest was one of bringing a hu- December 1994 to crush its independence Morocco, have been approached by the Rus- manitarian end to a needless war in drive. Over 30,000 people, mostly civilians, sian government to provide good offices. Chechnya. With the passing of time and are believed to have died and Yeltsin is try- We will continue to urge the Russians to evolving political fortunes in Russia, our ing to end the conflict to boost his chances seek a peaceful end to this tragic conflict. own national interests could be also affected of winning a second term as president in a Thank you for your continued interest. by fall-out from this matter, especially if it June poll. He unveiled a peace plan on March Sincerely, results in the return of communism to Rus- 31 which included a halt to Russia’s military BILL CLINTON. sia. This would be bad for America and for offensive, partial withdrawal of troops and the world. indirect talks with Dudayev. But the plan al- THE WHITE HOUSE, I believe we must quickly do something lowed ‘‘special operations against terror- Washington, May 7, 1996. here. I respectfully submit these rec- ists.’’ Hon. FRANK R. WOLF, ommendations and will do anything I can to It was not clear how the killing of Dudayev House of Representatives, help. If I can persuade you on this matter, I and his replacement by Zelimkhan Washington, DC. will come over on a moment’s notice. Yandarbiyev, a hardline pro-independence DEAR REPRESENTATIVE WOLF: Thank you Please act, Mr. President. Thank you and ideologist, could affect peace efforts. for your letter on the conflict in Chechnya. best regards. I share your concern; the fighting there has Sincerely, THE WHITE HOUSE, been a tragedy—for Chechens, for Russians FRANK R. WOLF, Washington, May 11, 1996. and for friends of Russian democracy. Member of Congress. Hon. FRANK R. WOLF, We do not believe that use of force can re- House of Representatives, solve this issue. I therefore welcomed the [From Reuters NewMedia, Apr. 25, 1996] Washington, DC. March 31 announcement by President Yeltsin REPORT: RUSSIAN ’COPTERS ATTACK CHECHEN DEAR FRANK WOLF: Thank you for sharing of steps to halt the conflict and intensify the TOWN the article on Chechnya. search for a negotiated solution. Unfortu- nately, fighting has continued. We have MOSCOW (Reuter).—Russian helicopter We have made our position on Chechnya urged both the Russian and Chechen sides to gunships attacked rebel positions in the clear to the Russians at the highest level. seize the opportunity they now have to reach Chechen town of Shali on Thursday, a day The President raised it with President a peaceful resolution. after slain separatist leader Dzhokhar Yeltsin in their April 21 bilateral in Moscow. I have raised Chechnya regularly in my ex- Dudayev was buried. General Vyacheslav He also addressed it in subsequent cor- changes with President Yeltsin. I will do so Tikhomirov, commander of Russian forces in respondence and in a May 7 phone conversa- again during my upcoming visit to Moscow, Chechnya, told Interfax news agency that tion. In these exchanges, the President urged where I will continue to underscore the need the gunships had made two ‘‘pinpoint the Russians to seek a negotiated settlement for a negotiated settlement. strikes’’ on guerrilla positions in Shali, and to restrain their military actions; he Thank you for your interest on this issue. about 25 miles southeast of the regional cap- also made clear that we stand ready to do Sincerely, ital Grozny. The attacks were in response to whatever we can to facilitate a settlement. rebel fighters firing on Wednesday at Rus- BILL CLINTON. We have additionally approached a number sian helicopters which flew over Shali on a of third countries to ask that they press the reconnaissance mission, he said. THE WHITE HOUSE, Interfax said civilians had been killed and Russian and Chechen sides to pursue a nego- Washington, April 20, 1995. tiated solution, and, in a demarche at the wounded in the attacks, though it gave no Hon. FRANK R. WOLF, casualty figure. It said seven people were Russian Foreign Ministry, our Ambassador House of Representatives, killed when Russian ground forces opened expressed in detail at the end of April our Washington, DC. concern about ongoing Russian military ac- fire on a civilian convoy trying to flee the DEAR REPRESENTATIVE WOLF: Thank you town which had been sealed off by Russian tions. for your letter concerning the conflict in troops for six days. A Shali police official, President Yeltsin has indicated that he Chechnya and my meeting with President quoted by Interfax, said the Russian attacks would like to get negotiations underway Yeltsin. I also understand you have discussed had caused considerable destruction. ‘‘People with the Chechens. Dudayev’s death has this with Strobe Talbott and Sandy Berger, have been killed and wounded,’’ he said. changed the equation, but it is not yet clear and I appreciate your views. The renewed Russian air raids followed the whether this will facilitate or further com- I accepted the invitation to participate in death of Dudayev last Sunday in a rocket at- plicate the search for peace. V–E Day ceremonies in Moscow and sched- tack from the air at Gekhi-Chu, about 20 I know you share our distress at the fight- uled a bilateral meeting with President miles south-west of Grozny, as he stood in an ing. We will continue our strong advocacy Yeltsin based on my conviction that contin- open field speaking by satellite telephone. for a peaceful end to this tragic conflict. ued engagement with Russia is vital to our Dudayev, 52, unchallenged leader of the re- Sincerely, own self-interest in seeing Moscow continue bellion against Russian rule, was buried on ANTHONY LAKE, along the difficult transitional course it has Wednesday at a secret location in the south Assistant to the President for charted. That engagement takes numerous of the territory. Russian military involve- National Security Affairs. forms, including the respect we convey to H7514 CONGRESSIONAL RECORD — HOUSE July 12, 1996 the Russian people by honoring their consid- I understand from Tony Lake that you had able problems, sometimes the issues are too erable sacrifices as our ally during the Sec- a sobering visit to Chechnya several weeks difficult to resolve alone. Feelings run too ond World War. As you have suggested, dur- ago. The conflict is a tragedy for all con- high and past wrongs have seared too vivid a ing my visit to Moscow, I plan to speak di- cerned. We hope the talks begun on June 19 memory to bring about resolution. Families rectly to the Russian people to underscore under OSCE auspices succeed in bringing a often need to bring in outside help to provide the long-term interest we share in building a political solution to the conflict and have counsel and objectivity, defuse tensions, ar- stable and friendly relationship at all lev- urged all parties to take full advantage of bitrate unresolvable differences and provide els—and also to state what we expect from the talks. a fresh outlook. This is a mediation role only Russia if we are to achieve such a relation- I also noted the report language on Fred the United States can play in resolving this ship. I also will meet with a range of Russian Cuny. I raised our concern about him with brutal conflict. I ask that you consider offer- leaders. President Yeltsin in Halifax; he assured me ing to both sides the use of a high-level nego- Pragmatic engagement will be the theme the Russians would do everything that they tiator of unquestionable stature: someone, of my meetings in Moscow with President could. perhaps, who has held at least a cabinet posi- Yeltsin and other Russian leaders. Russian Sincerely, tion in our government. and American interests coincide in a number BILL CLINTON. of important areas: continuing the nuclear When I visited Grozny last May, there build-down, upgrading control and protec- seemed little of the town left to destroy. Yet THE WHITE HOUSE, reports of death and destruction continue. tion over fissile stockpiles, containing and Washington, February 22, 1995. resolving regional conflicts like the Middle What can we lose by offering to negotiate be- Hon. FRANK R. WOLF, East, and promoting Russia’s integration tween the parties? Things could grow even House of Representatives, worse after the June elections if the winner into the global economic system. High-level Washington, DC. meetings help advance our interests in these of the presidential race senses a mandate to DEAR REPRESENTATIVE WOLF: Thank you end the conflict in Chechnya by any means. areas. It is equally important, at the same for your recent letter regarding the conflict I hope the U.S. will lend its weight to seek time, to remain engaged to work through in Chechnya. I agree that the violence in a speedy resolution. Please consider appoint- areas where we and Moscow differ, such as Chechnya is a tragedy for everyone involved. European security, reactor sales to Iran, and While we have publicly stated that ing a high-level negotiator to shuttle be- Chechnya. I have stated my views on the Chechnya is part of Russia, we have criti- tween the sides and push for peace. Our neu- Chechen conflict clearly, in public and in cized the toll of death and suffering the mili- trality should cease to be indifference and we private contacts with Yeltsin: the humani- tary action has inflicted on innocent civil- should use our voice, our experience and our tarian toll of the fighting is unacceptable ians. In our private discussions and in our economic power to stridently work for peace and the search for a political solution must public statements, we have strongly urged in Russia. intensify, ideally through the good offices of an end to the violence. We have also sup- It’s not too late. But too many have died. the OSCE, with respect for Russia’s terri- ported the positive role international organi- I urge you to take decisive action. torial integrity. As you noted in your letter, zations, such as the OSCE, can play in help- Sincerely, continuation of the bloodshed threatens Rus- ing to bring about a lasting end to the blood- FRANK R. WOLF, sia’s nascent democracy. However, it is my shed and in providing humanitarian assist- Member of Congress. firm belief that rejecting dialogue with the ance. I have been in close touch with Presi- Russian leadership to protest actions with dent Yeltsin and am certain he understands HOUSE OF REPRESENTATIVES, which we disagree would minimize our these concerns. Washington, DC, February 21, 1996. chances of effecting a positive outcome, and The events in Chechnya are a reminder Hon. WILLIAM J. CLINTON, would deal a serious blow to the forces of re- that the processes of reform and democra- The PRESIDENT, form that find themselves increasingly chal- tization underway in Russia—and through- The White House, lenged in Russia today. Washington, DC. I continue to view the maintenance of good out the former Soviet Union—will encounter relations with a stable, reforming Russia to setbacks. While no one can predict the final DEAR MR. PRESIDENT: As you know, I trav- be among my highest priorities as President. outcome, it is far too early to write off re- eled to Chechnya in May of last year to view I genuinely value your perspectives on this form in Russia. Indeed, our policy seeks to the ravages of war in that part of the world. question and thank you again for taking the maximize the chance that reform will be sus- I have enclosed a copy of my trip report. time to share them with me and with my ad- tained and will succeed. It is important dur- It has been frustrating to see this conflict visors. ing these periods of uncertainty to recall the drag on for over a year and the fighting and Sincerely, profound stake the United States has in pro- hostage-taking flare up again in recent BILL CLINTON. moting Russia’s further progress on the path weeks. The Russians seem to be getting more to reform. militaristic, but I understand that President Our assistance to Russia serves important THE WHITE HOUSE, Yeltsin recently acknowledged the impor- Washington, March 16, 1996. U.S. interests: building democratic institu- tance of dealing with the conflict before the tions, contributing to the safe dismantle- Representative FRANK WOLF, elections. The U.S. should strongly support House of Representatives, ment of the former Soviet nuclear arsenal, President Yeltsin in any of his efforts to Washington, DC. encouraging privatization and private enter- bring peaceful resolution to the conflict and, DEAR REPRESENTATIVE WOLF: Thank you prise and vastly broadening the access of the if necessary, serve as the catalyst for peace for your letter on Chechnya. I know you Russian people to Western ideas and meth- in the region. Perhaps the U.S. could help have followed this issue closely, and I fully ods. I hope I can count on your leadership in bring the sides together or serve as a medi- share your frustration at watching this con- the new Congress to continue bipartisan sup- ator. flict drag on; it is a tragedy for both the port of the important interests. The U.S. should use every opportunity to Chechens and Russians alike. Sincerely, strongly encourage the Russian government We have consistently encouraged the Rus- BILL CLINTON. to end this conflict peacefully. It’s in the sian government to end the cycle of violence best interest of Russia, and ultimately, the and seek a peaceful solution to the conflict, HOUSE OF REPRESENTATIVES, best interest of the United States. including in my own conversations with Washington, DC, April 4, 1996. Sincerely, Hon. WARREN CHRISTOPHER, President Yeltsin. President Yeltsin has said FRANK R. WOLF, that he needs to end the conflict, and we Secretary of State, Member of Congress. have followed with interest reports that Washington, DC. Moscow is developing a new peace plan. We DEAR MR. SECRETARY: I am writing to HOUSE OF REPRESENTATIVES, will certainly do what we can to support again raise the tragic situation in Chechnya. Washington, DC, May 15, 1996. such an effort. Some 40,000 civilians are dead, hundreds of Hon. ANTHONY LAKE, Sincerely, thousands are homeless and, yet, this was National Security Advisor, National Security BILL CLINTON. not even a topic of discussion during your re- cent visit to Moscow. Why should the United Council, The White House, Washington, DC. THE WHITE HOUSE, States step in? Each time a high-level U.S. Washington, July 5, 1995. delegation has visited Moscow, President DEAR TONY: I received the President’s most recent letter outlining some actions he has Representative FRANK WOLF, Yeltsin, seemingly in an attempt to put this House of Representatives, issue aside, steps up the intensity of the taken to resolve the crisis in Chechnya. Washington, DC. military action and more Chechen civilians I wanted to share a copy of a Special Order DEAR REPRESENTATIVE WOLF: Thank you get pummeled. I gave on the House floor last week. We are for your recent letter regarding the report of President Yeltsin now seems to be making really not doing enough over there. I think the House Subcommittee on Foreign Oper- efforts to establish peace. He has called a more could and should be done. ations Appropriations suggesting that U.S. cease-fire and the fighting has died down Best wishes. assistance to Chechnya be channeled somewhat. We all hope his efforts are sin- Sincerely, through the OSCE and non-governmental or- cere, lasting and fruitful. But like a family FRANK R. WOLF, ganizations. trying to work out solutions to irreconcil- Member of Congress. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7515

HOUSE OF REPRESENTATIVES, bringing to an end the killing and destruc- Casualties were reported among Chechen Washington, DC, February 21, 1996. tion that have rained down upon the civilians and Russian soldiers. The Interfax Hon. WILLIAM J. CLINTON, Chechen people for the past several years. news agency said 15 to 30 civilians were The PRESIDENT, Please read David Hoffman’s report for The killed in the assault on Gekhi; the Russian The White House, Washington, DC. Washington Post talking about the new di- military said 20 were killed. Hundreds of vil- DEAR MR. PRESIDENT: As you know, I trav- rection and the new intensity this 19 month lagers fled the assault on foot. Russia lost eled to Chechnya in May of last year to view war is taking following Russian President eight servicemen, news agencies said, and the ravages of war in that part of the world. Boris Yeltsin’s re-election victory. It is television reports said another 20 had been I have enclosed a copy of my trip report. printed on the reverse. captured by the rebels. There were no re- It has been frustrating to see this conflict With leadership struggles behind them, ports on rebel casualties. drag on for over a year and the fighting and there is little reason for the Russian govern- Interfax quoted a Russian military spokes- hostage-taking flare up again in recent ment to pursue a lasting cease fire or even a man, Maj. Igor Melnikov, as saying that weeks. The Russians seem to be getting more peaceful end to the conflict. Rather, many Russian commanders have ordered the cap- militaristic, but I understand that President would now predict an intensified effort to ture of Yandarbiyev, but the report was later Yeltsin recently acknowledge the impor- pound the Chechens into the ground and into denied. Melnikov said the strikes were in re- tance of dealing with the conflict before the total submission. sponse to the rebels’ ignoring an ultimatum elections. The U.S. should strongly support It didn’t have to be this way. Our govern- by the Russian commander, Gen. Vyacheslav President Yeltsin in any of his efforts to ment has mostly sat on its diplomatic hands Tikhomirov, who threatened to wipe them bring peaceful resolution to the conflict and, as this conflict has raged. At the outset, out if they failed to release all soldiers held if necessary, serve as the catalyst for peace statements by our officials likening this captive by Tuesday night. in the region. Perhaps the U.S. could help clash to our own civil war and setting forth The cease-fire agreement included a dead- bring the sides together or serve as a medi- a ‘‘hands off’’ policy were ill advised, pro- line for Russia to remove its checkpoints in ator. vided Russian hard-liners with more back- Chechnya and for an exchange of prisoners. The U.S. should use every opportunity to bone and destroyed the hopes of Chechens. Each side has accused the other of failing to strongly encourage the Russian government Each time the President, Secretary of honor its commitment, and they have been to end this conflict peacefully. It’s in the State or other high official scheduled a in a war of words since late June. The Orga- best interest of Russia, and ultimately, the meeting with President Yeltsin or his leader- nization for Security and Cooperation in Eu- best interest of the United States. ship, the Russian military would renew the rope (OSCE), which brokered the peace talks, Sincerely, fighting in hopes of ending the war before issued a statement in Grozny today warning FRANK R. WOLF, the issue could be raised between our govern- that fighting could spread. Member of Congress. ments thereby having the unintended effect According to Interfax, the OSCE statement of killing more people and ratchetting up the said that despite the ceasefire agreements, HOUSE OF REPRESENTATIVES, pain and suffering of everyone in that ter- the ‘‘political settlement in Chechnya has Washington, DC, January 26, 1995. rible place. They were never successful in practically been suspended.’’ However, the Hon. WILLAIM J. CLINTON, ending the war but levels of killing, destruc- organization’s chief representative in The PRESIDENT, tion, pain and hatred soared. Chechnya, Tim Guldimann, said a new meet- The White House, Washington, DC. We could have . . . we should have pressed ing between Chechen and Russian nego- DEAR MR. PRESIDENT: The brutal conflict Boris Yeltsin and his government to restore tiators is still possible. in Chechnya is now in its second month. peace to Chechnya. We should have encour- The cease-fire was an important factor in Gruesome images of the fighting emerge day aged him to negotiate a resolution and of- Russian President Boris Yeltsin’s victory, after day. Thousands of Chechnyans have fered to provide a high level person, experi- since it pointed toward an end to the 19- died in the fighting, including many inno- enced and wise in diplomacy and inter- month-old war, which has claimed at least cent women and children. national affairs, to help the sides find a set- 30,000 lives, most of them civilians. The swift While the U.S. position has been that this tlement and end the horrors of war. But we degeneration of the truce into another armed is an ‘‘internal Russian affair,’’ the Amer- did not. And the hour grows late. confrontation raised hackles in the lower ican people certainly have an interest in Now the killing and destruction have re- house of parliament, the State Duma, which bringing an end to the fighting. Besides the sumed. And President Yeltsin does not feel voted today to ask Prime Minister Viktor obvious human tragedy occurring as men, pressed to end it. If nothing is done, more Chernomyrdin to explain the surge in fight- women and children continue to die, Russia will die. But we have one more last chance. ing. is a major recipient of U.S. foreign aid. This Vice President Gore soon leaves for high Sergei Yushenkov, a member of the war is causing many in the Congress to con- level meetings in Moscow. He can speak out Duma’s defense committee, called on sider whether Russia is deserving of such aid against the continuation of this senseless Chernomyrdin, who is head of a special gov- and whether the entire U.S.-Russian rela- slaughter. He can label these acts for what ernment commission on Chechnya, to ex- tionship should be re-examined, particularly they are: genocide. He can offer to help bring plain why the government was making im- our close ties to President Yeltsin. Continu- about a negotiated peace; provide a top level proper use of the army to punish the rebels. ation of this conflict will have major impli- negotiator to help both sides search for com- ‘‘I have to think it over,’’ Chernomyrdin cations for the future of the Yeltsin govern- mon ground. said of the Duma’s request. Chernomyrdin ment, the Russian economy and Russia’s al- Congress should expect the administration told reporters while touring an art exhibit in ready fragile relationship with its neighbors. to stand firm on ending this havoc. Please Moscow that the situation is ‘‘under con- I believe our government should use its dip- encourage President Clinton and Vice Presi- trol’’ and that ‘‘there will be no war in lomatic leverage now to help bring peace to dent Gore to put America on the just side of Chechnya.’’ Chernomyrdin said the Russian the region. this matter. Thank you. offensive was a response to ‘‘insolent’’ rebel I am writing to propose that you appoint Sincerely, commanders. Alexander Lebed, Yeltsin’s new security former President George Bush, or possibly FRANK R. WOLF, chief and a longtime critic of the war, former Secretary of State James Baker, as Member of Congress. blamed the rebels for the latest surge in special emissary for this purpose: to go to fighting. Interfax quoted him as saying the Moscow, meet with President Yeltsin and [From the Washington Post] responsibility is that of ‘‘Yandarbiyev and other Russian leaders, and present your RUSSIA POUNDS CHECHENS AS ELECTION TRUCE other leaders of armed gangs.’’ Lebed is ex- viewpoint on the importance of quickly end- UNRAVELS pected to visit Chechnya but said he would ing the Chechnyan conflict. I believe Presi- (By David Hoffman) not do so until next week at the earliest. dent Bush could be very helpful in ending the MOSCOW, July 10.—Russia’s pre-election Meanwhile, Yeltsin delivered a nationally fighting and stopping the killing. truce with Chechen separatists continued to televised speech from the Kremlin today Mr. President, I hope you will give careful unravel today as Russian helicopter gunships after being certified as the official winner of consideration to this proposal and move and ground troops pounded two Chechen vil- the presidential contest. His inauguration quickly in sending an emissary to Russia. lages in the heaviest fighting since cease-fire has been set for Aug. 9 in the Kremlin’s Ca- Thank you. agreements were reached on May 28 and June thedral Square. Sincerely, 10. Although his aides have predicted an im- FRANK R. WOLF, The strikes came against rebel positions in minent government shakeup, Yeltsin’s ad- Member of Congress. the villages of Gekhi, 20 miles southwest of dress offered few clues to his second-term the capital, Grozny, and Mahkety, 22 miles plans. He said ‘‘the reform course will con- CHECHNYA—TERROR IN PROGRESS south of Grozny. The Chechen rebel leader, tinue,’’ but he also said economic policy ‘‘re- HOUSE OF REPRESENTATIVES, Zelimkhan Yandarbiyev, reportedly has a quires serious correctives.’’ Washington, DC, July 12, 1996. headquarters in Mahkety, and several hun- He added, ‘‘The main thing now is to im- DEAR COLLEAGUE: There is a country song dred of his fighters are in Gekhi, which was part a second wind to [industrial] produc- in which the singer pleads for one more last attacked Tuesday and today. Russian troops tion, to place orders with the enterprises and chance. Perhaps that is where civilized and were reported pulling back from Gekhi to- to give jobs to people,’’ He also promised compassionate people are with regard to night. ‘‘full and timely payment of everything the H7516 CONGRESSIONAL RECORD — HOUSE July 12, 1996 people have earned,’’ a reference to months- ment to the Constitution requiring a how out of touch they are with average overdue wages and pensions. balanced budget. And yet the AFL–CIO working Americans, the very people Yeltsin has not appeared in public since he bosses in Washington are opposed to a that they purport to represent. became ill before the July 3 runoff election, Let me cite some basic statistical in- but he spoke confidently and without any balanced budget amendment to the outward sign of illness. Constitution. It is funny, I had union formation at the beginning of my re- In a separate address to ethnic Russians in reps from Cleveland in my office yes- marks. I think we know that the labor former Soviet republics that are now inde- terday. They were talking about the bosses here in Washington are opposed pendent, Yeltsin vowed to provide ‘‘perma- union bylaws. And one of the fellows to fundamental reforms, the most sig- nent care and support from your homeland.’’ said very clearly that the bylaws pro- nificant changes that we have been try- f hibit the union from spending more ing to make back here in Washington UNION MEMBERS DUES USED FOR than it takes in. That is a perfectly over the last year and a half, since the POLITICAL PURPOSES reasonable policy which is obviously Republican Party became the majority practiced by American families as well. party in both the House of Representa- The SPEAKER pro tempore. Under a tive and in the Senate. previous order of the House, the gen- Yet his leadership in Washington op- poses a balanced budget amendment to These labor bosses, again, I am not tleman from Ohio [Mr. HOKE] is recog- talking about rank and file working nized for 5 minutes. the Constitution, clearly in contraven- tion of what the rank and file members men and women, but the labor bosses Mr. HOKE. Madam Speaker, I think back here in Washington who have be- it is interesting with respect to my want as well. Mr. Speaker, I will give another ex- come the core constituency of the na- good friend and colleague who just tional Democratic Party and almost spoke that in addressing the question ample. The AFL–CIO bosses in Wash- ington are opposed to a balanced budg- the campaign arm of the national as to why when the Members of his Democratic Party. These labor bosses party controlled the House, the Senate et amendment to the Constitution, clearly in contravention of what the here in Washington are opposed to cut- and the White House during the 103d ting spending to balance the Federal Congress, which was 2 years ago, they rank and file members want as well. Mr. Speaker, I will give another ex- budget. We all know that we need to did not, if this was such an important put our fiscal house in order. We all initiative, undertake to in fact raise ample. The AFL–CIO bosses in Wash- ington are opposed to a $500 per child know that we need to balance the Fed- the minimum wage at that time. He eral budget to really preserve the fu- just dismisses it very quickly and tax credit, and that would fall pri- marily to the benefit of working fami- ture of our kids and our grandkids and briefly by saying: Well, I am not inter- to give them a future with more hope ested in the past; I am only interested lies, union families. And yet they are opposed to that $500 per child tax cred- and opportunity than we have enjoyed. in now. I think that is unfortunate and I think it is important to remember it although in polling the AFL-CIO predictable. the legacy that we do not inherit the members, the rank and file members I want to address my comments world from our parents. We borrow it are clearly in favor of it. today to the very hard-working rank from our children. We are obligated to So here we have got a very similar and file union members of America create a more promising future for our situation to what is happening right whose dues are being used for political children and future generations. Yet now in a larger sense in America. That purposes and activities that they are those labor bosses are opposed to cut- is that what we are trying to do with probably both not aware of an almost ting Federal spending to balance the this Congress is send power out of undoubtedly do not agree with. Those Federal budget, something that would, Washington and back to local commu- are dues that should be put to work for by virtue of simply bringing Federal those Members in the negotiation of nities, because the problem that we revenues and expenditures into line, labor contracts, in getting better work- have got is this massive centralization, lower interest rates in this country and ing conditions, in getting higher wages, bureaucratic centralization of power in produce long-term economic benefits in getting better benefits packages and Washington. for every single American family and vacation plans. But they are in fact So one of the primary efforts besides business. being used to further the political reducing the size and scope of govern- agenda of their labor bosses who are lo- ment as well as reducing the tax bur- b 1515 cated not, for example, in Cleveland, den on the American people of this Now, why are they opposed to cutting OH, which I have the privilege of rep- Congress has been to get more deci- spending to balance the Federal budg- resenting, but in Washington, DC. sionmaking back to the local commu- et? Well, because the only sector, the What is happening is that through a nities and the conviction that you are only segment, of the union activity mandatory payroll deduction scheme, going to get better decisionmaking that has been growing in recent years union members dues are being used to process about government. is Government employees. In fact, fund a defamatory and demagogic at- The same needs to be done with re- union membership in the public sector tack on Members who have one fun- spect to the unions as well. We need to has been increasing while union mem- damental problem as far as the unions get that power, the unions need to take bership in the private sector has been are concerned. That is, as far as the that power out of Washington and back declining over the last several years. Washington-based union bosses are to their locals. So they are opposed to cutting Federal concerned, and that is that there is an f spending to balance the budget because R next to their name. In other words, that means that we may have to elimi- what this is really about is partisan UNIONS AND POLITICAL ACTIVITY nate a certain number of positions, politics. It is not about principles and The SPEAKER pro tempore. Under a governmental employee positions, as the principles which different people previous order of the House, the gen- we go about the process of consolidat- believe in. tleman from California [Mr. RIGGS] is ing and streamlining the Federal Gov- Mr. Speaker, let me give an example. recognized for 5 minutes. ernment and eliminating those agen- There was a poll that was taken of over Mr. RIGGS. Madam Speaker, I want- cies which are duplicative in nature or 1,000 union members about 6 or 8 weeks ed to follow up on the gentleman from which duplicate a function better per- ago. One of the questions that was Ohio’s comments. I think he makes a formed or currently performed by asked was, do you believe that the very, very important point regarding State or local government. budget of the United States should be the unbelievably misleading tactics These labor bosses are also opposed balanced and that we should have an that are being used by the big labor to welfare reform. They are opposed to amendment to the Constitution requir- bosses back here in Washington, DC, in tax cuts for families with children. But ing a balanced budget? About 80 per- what I think is a desperate and trans- what makes their opposition so, I cent of the union members responded parent attempt to help the Democratic think, significant is that they are op- positively that we should. That is not minority in the Congress regain con- posing the very changes that their own surprising. trol of this institution. I think it is members want. About 80 percent of all Americans be- very telling and very significant be- A recent poll of union members in lieve that we ought to have an amend- cause it is a clear indication of just America indicated that 82 percent of July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7517 union members support a balanced would reflect on the positives about ceremony, unprecedented, where a budget, 87 percent support welfare re- the United States over this weekend, naval ship, a big naval ship, 956 feet of form, and 78 percent support tax cuts but spend a little time thinking about naval cargo ship, was being named for families with children, and those this amazing vote that we just had, our after an army sergeant. The first one percentages are higher than the gen- last vote today, on the 12th of July, de- took place in San Diego where the U.S. eral public. feating a phony recommit bill with in- Naval Ship Randall Sugart was named, So union members on average sup- structions to study homosexual, quote, with his mother and father and his wife port the fundamental reforms we have marriage, unquote, when that study is presiding, and that was on May 13—ex- been trying to enact back here in going ahead anyway. So 30 Repub- cuse me, Jefferson’s birthday, April Washington over the last year at a licans, kind of threw—well 29 threw a 13—and then on July 4, the second com- greater percentage than the rest of the vote in this direction and joined Mr. missioning of the U.S. Naval Ship Gary American public. GUNDERSON so that they will be able to Ivan Gordon. Both of these army ser- So why are the labor bosses attack- have begging rights not to have Act Up geants won the Medal of Honor, fulfill- ing incumbent Republicans? Why have and other radical homosexual groups ing to the letter of the scripture St. they targeted incumbent Republicans try and wreck their town hall meetings John 15:13, greater love than this no for defeat as part of a concerted effort with rude demonstrations, and the one has that he give his life for his by the National Democratic Party to Democratic vote did not shift that friends. A biblical translation: that regain control of the House and Sen- much, 133 for the phony recommit and they lay down their life for another. ate? Well, it is very simple. They have 118 to back up—or, excuse me, only 65— They begged to have their helicopter a vested interest here. They do not let me back up; 53 voted against Demo- crew get the authority to put them want to see government downsized be- crats, that phony motion to recommit, down at the crash site of CWO Michael cause that would mean the waning or and that jumped up to 65 going the Durant that ended up saving his life the loss of power and influence for other way and saying that they will go and giving up their own lives. On the those very same labor union bosses. out on a limb for homosexual marriage. night of October 3 the film was so bru- So I think it is very important for The final vote is, in this Chamber, 118 tal, a videotape on CNN, that they the average American working men Democrats in spite of the 2-day debate stopped running it by midnight because and women to realize that we are doing going with Clinton, that they are not of people crying and calling in. The our utter best back here in Washington going to sign off on homosexuals get- film, the videotape, was so brutal. to protect their interests and to create ting married civilly, although a few These two Medal of Honor winners, the a better future for America’s families renegade Christian denominations that copilot and I got to meet his widow, because we are not working for the are splitting in pieces will go ahead Willie Frank, down there at Newport labor bosses, we are working for those and go through a mock marriage cere- News at the commissioning of the Gary American families, for those working mony, but 118 Democrats joined Clin- Gordon, the two door gunners, Tommy men and women, and they are the peo- ton and say no way. The one Independ- Fields and William David Cleveland. ple who are the bosses. ent from Vermont, 65 Democrats and We saw their bodies being hacked apart So with that, Madam Speaker, I ap- only one Republican, Mr. GUNDERSON, by the crowds, desecrated, dragged preciate the opportunity to stress that that is 67 people today and 2 voting through the streets, objects stuck in point and follow up on the comments present, approve of homosexual mar- their gaping dead mouths. It was a made by the gentleman from Ohio [Mr. riage. There were 23 not voting; that is pretty rough scene, the roughest Amer- HOKE]. not unusual for a get-away Friday, al- icans have seen since Vietnam, Korea, f though I noticed in the Democratic list World War II, and now we have these 2 beautiful days, Jefferson’s birthday U.S.S. ‘‘GARY GORDON’’ here at least 3 Democrats that were participating in the debate right up and fourth of July, when as long as The SPEAKER pro tempore. Under through recommit and the final pas- these ships are at sea and they have in- the Speaker’s announced policy of May sage vote, which was only a 5-minute vited the families, the skippers of the 12, 1995, the gentleman from California vote followed immediately thereafter, two ships, they will be crewed by civil- [Mr. DORNAN] is recognized for 60 min- and they ditched, I will give them the ians, to come on board at any time. utes as the designee of the majority benefit of the doubt, jump in a car and I saw them invite Gary Gordon’s two leader. speed off to National Airport or Dulles beautiful children, 8-year-old Ian and 5- Mr. DORNAN. Well, Madam Speaker, to get out of town. But it looks very year-old Brittany, to come on board I guess it is clear for the whole world suspicious. any time to see this massive ship sit- to see there will not be an hour special So there is the vote: 23 absent, 2 ting next to our newest supercarrier, order by the Member from Massachu- present, 67 with only one Republican, the U.S.S. Stennis, named after a U.S. setts followed by my special order. Mr. the sole Independent who usually votes Senator who was alive when the ship FRANK told me earlier in the week that in caucuses on the other side of the was commissioned, got to see a ship he was going to critique my point of aisle, and 65 Democrats saying homo- with his name on it when he is alive, personal privilege from this well on sexual marriage is OK. On our side 224 the biggest moving object on the plan- June 27, and I said, ‘‘Well good I’ll be Republicans out of 225 voting, and 118 et Earth. there to critique your hour with my Democrats, for a total of 342, say no These two big ships sat there, the hour,’’ because I said I would keep fo- way to homosexual marriage. Stennis and the Gary Gordon, and Gold- cused on the truth and I was not going So, it looks like my opening remarks en Knight or Special Forces paratroop- to let go of this crude attempt which in the well June 27, when, as I recall, I ers came in, one from each service with we saw again last night late and on the said: American flags flying off their para- floor this morning and early afternoon Mr. Speaker, I now move out into the chute gear, and landed. There was a to brand anybody who thinks there is evil mind fields of political correctness small parade of World War II vehicles something wrong with homosexual be- alone, but I pray and hope not alone on that went up the ramp onto the Gary havior as a bigot, as a hater, and, as this uncomfortable issue of homo- Gordon, which will be a prepositioned Mr. CANADY of Florida pointed out, sexuality. Well, it looks like I am not ship with enough armored vehicles, they added about 15 more sleazy words alone. Fifteen days later, on the 12th of backup vehicles, Humvees, trucks, that we could have spent all day long July, 1996, 342 souls have joined me tankers, supplies, ammunition to sup- taking peoples’ words down to contest. with varying degrees of commitment to port a third of the division. I would like to tell any people that principle and Judeo-Christian ethics. A full Army brigade will be ready to came to visit us in the gallery today, Now to that positive note: On July 4, go at sea anywhere in the world to pro- through the Chair, that I will return to I had the honor of being invited by the tect Americans or American interests, this subject after I do something very families of Americans who lost their and M. Sgt. Gary Gordon’s name; I vis- positive and upbeat to relate what I fighting men in the alleys of ited his grave last November 5 or No- was privileged to behold on the Fourth Mogadishu on October 3 and 4, 1993, not vember 4, remember as the day Rabin of July, and I would hope that people quite 3 years ago. It was the second was assassinated, and I stood at his H7518 CONGRESSIONAL RECORD — HOUSE July 12, 1996 grave with my son, Mark, and told Maine, unloading his truck, probably about his new life in the Army arrived Mark, beneath us are the remains torn so proudly talking about how he was regularly. apart of this handsome, tough, dedi- looking forward to going to Virginia to ‘‘On the day I turned 16, I sat in my cated 33-year-old Army Delta Force watch his daughter-in-law christen the grandparents’ living room and watched sergeant, and I said, ‘‘And like Jesus at Gary Gordon. as his motorcycle pulled into the drive- 33, he was torn apart giving his life for I looked up at the ship. I told this to way, my palms sweaty on my freshly the literal life of Michael Durant and Carmen later. I told her it was prob- ironed dress.’’ others.’’ ably the Irish in me, but I looked up at You will recall when I read her beau- Well, he has a wife about as beautiful the ship, its massive side, and at the tiful letter to the editor of Newsweek as they come, reminded me of my own railing, and I pictured Gary and his magazine, she mentioned another vehi- beautiful wife when she was a young dad, with his armor, on it, the two of cle of Gary’s, how he was so proud of Air Force wife, and I punched out of them looking down at Carmen so his red pickup down at Fort Bragg, two jets, and she wondered if she was proudly, watching her deliver these where the Delta Force is going to have a father for our five stirring words. headquartered; and when he would young kids. Carmen says, ‘‘My daughter Brittany come home after a hard day of training But Carmen had such dignity. Before speaks of the photograph.’’ Then she he would pull into the driveway, and he she broke the champagne bottle on this says, ‘‘These treasures are a comfort to and Ian, then 5, and Brittany, then 3, almost-thousand-foot ship named after my children and a source of pride, but would run out to hug their handsome her Gary, she said these words, and if more important, Gary’s children can daddy. she got through it, I get through it. see and feel these reminders of their fa- Here he is on a motorcycle in Car- July 4, Newport News, shipbuilding ther to keep him close. In much the men’s driveway. ‘‘A few hours of talk, a Newport News, Va, the naming cere- same way, the ship that we christen quick first kiss in the rec room, and mony for U.S. Naval Ship Gordon, T–A– here today, the USNS Gordon, gives us Gary left to go back to his base many K–R, 296; that is its formal number. faith that Gary’s spirit will go forward, miles away. So began our slow dance of For you Navy buffs out there I found his ideals and his beliefs honored by love, one that would give us so much in out what it means. Nobody knew. It those who know of him, and the life he so short a time. We had five summers took me all day. T means crewed by ci- so willingly gave.’’ and winters together, the births of a vilians, A means auxiliary, K means By the way, both the Medal of Honor son and daughter setting a rhythm to such sweet time. cargo because the C is used for cruis- winners were born in Lincoln; Lincoln, ‘‘On Sunday mornings when Ian was ers, and R means rapid response. Nebraska, a little town, the very soul of America, that is Randy Shugert’s still so small, Gary would fill a baby b 1530 birthplace; and Lincoln, Maine, where mug with watered down coffee, folding Here are Carmen’s beautiful words: Gary’s dad died a few days ago. a section of the newspaper to fit Ian’s ‘‘Thank you for that kind introduc- ‘‘The very first time I laid eyes on chubby hands, the two of them would tion, and the opportunity to be with Gary Gordon was the second month of sit together quietly, turning the pages you today. I would like to tell you my 13th summer. I was staying with and sipping from their cups.’’ I watched my wife do that with our about Gary. Just behind a small door my grandparents in rural Maine, Lin- in his bedroom closet, my son Ian has grandkids. She calls it ‘‘coffee talk.’’ coln. Every week we made a trip into ‘‘Gary’s love for Brittany was just as stored the treasures dearest to him: town for supplies. One hot afternoon, strong. Every day when he arrived The uniforms his father wore, the can- in front of Newbury’s department home from work Brittany would run to teens he drank from, the hammock he store,’’ it is still there, and I saw it, meet him, his big hands scooping her slung in so many corners of the world, madam Speaker, just in November up and rubbing her bald head where they are all there; the boots that took when I went up to look at Gary’s grave. baby hair had yet to grow. We never his dad through so many deserts, jun- By the way, there is a big monument knew when these times would be inter- gles, so many parachute jumps now at the end of the street, filled with doz- rupted by a day that brought Gary lace up around Ian’s small ankles. All ens of names, I counted them all and home with his head shaved, anticipa- these things are piled neatly together recorded it for my record, from the tion in his voice, and a timetable for by a little boy’s hands and sought out Civil War, the War Between the States; leaving.’’ during quiet times. a big memorial for World War I, my fa- By the way, Madam Speaker, we ‘‘My daughter Brittany,’’ and keep in ther’s war; an even more massive me- never hear about the Delta Force suc- mind they are both sitting in the front morial and placards in front of the lit- cesses, or how many tragedies have row, ‘‘My daughter Brittany keeps a tle veterans’ building for World War II. been averted over the years, terrorist photograph of her daddy next to her Unlike a lot of wealthy American tragedies, hostage takings that were small white bed, the big 8 by 10 of Gary cities, my hometown of Beverly Hills thwarted before they took place. All smiling straight through to her. It is has not one that I know of, certainly that must remain secret in Gary’s unit the first thing she packs whenever we not a memorial; but killed in action in Fort Bragg until some day, far in leave home, and the first thing she un- fighting for freedom for strangers in the future, 30, 40 years from now, when packs when she arrives anywhere.’’ Laos and Cambodia and Vietnam, doz- his grandchildren will probably learn of By the way, Gary Gordon’s dad, who ens of names from this tiny little town, his courage. felt very uncomfortable receiving the Lincoln, Maine. I will bet it is the same Carmen continues: ‘‘I never worried Medal of Honor from Clinton, both he in Lincoln, Nebraska, which I will visit when Gary left on a mission. As I and Randy Shugert’s father did not feel some day. There is that same Newbury cheerfully kissed him good-bye and that Clinton had done right by these store Carmen speaks of so movingly. waved confidently from my front Medal of Honor-winning sons, that he She says, ‘‘there, in front of porch, it never occurred to me to be did not understand the operation, did Newbury’s department store, I saw a afraid, because Gary was never afraid. not back them up with armor to rescue boy washing windows. You never forget My safe world was shaken in December the downed helicopters, did not back the first time that you see your first of 1989 with the invasion of Panama them up with enough wherewithal to love. I watched him as he worked, calm and the realization that my husband capture the warlord that they were and purposeful and quiet. Then he was in the middle of the fighting. pursuing; warlords. looked up at me, and I knew this was Along with other young mothers I have spoken to Gary’s father, as I no ordinary boy. This boy could win clutching infants, I sat in a darkened have spoken to Herb and Lois Shugert my heart. When he called my grand- living room and watched television many times. Gary’s dad died on the job parents for permission to take me out, news around the clock. Gary came the last day of June, 5 days before the he was turned down flat. ‘She is too back safely. One night when I told him naming ceremony for his son’s ship. He young,’ they told him. And so in the of my fears, he laid a gentle hand on died at the naming ceremony for his way that I was to find out was uniquely my cheek and said quietly, ‘Carmen, son’s ship. He died at the mill where he Gary, he set out to wait three years. don’t worry about things we can’t had worked all his life, in Lincoln, Faithful and sparsely emotional letters change.’ July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7519 ‘‘I know that death often leaves us up to manhood. He said, ‘‘But Sarah, I May 2, just a few days before the com- with the haunting question: Why? I feel as though bound by chains to those missioning of Medal of Honor winner know why Gary died. He died because who fought for our independence,’’ re- Randy Shugart’s ship in San Diego, in he was true to his own code for living, ferring to the Revolutionary War. ‘‘I that rotunda, and I bet there is not trying to help someone else. Fear cannot break faith with them and the one-fifth, one-tenth, one-twentieth of would not have kept Gary from doing lives and fortunes they gave up for our the people visiting with us in the gal- what he needed to do, what he wanted freedom. but I also feel so drawn to lery that know Billy Graham said this, to do, what he had prepared all his life you.’’ Madam Speaker, because the major to do. There is rare strength in the And I do not know if Carmen Gordon dominant liberal media culture creed he shared with his comrades: I has ever seen the exquisite letter from blocked out his words. I happened to be shall not fail those with whom I Sullivan Ballou, or how he talked watching ABC that night. A silent clip serve.’’ about ‘‘some summer day, a cool breeze of him. Did not project his words Greater love than this no man has, will touch your cheek, and oh, Sarah, across America. He said in this rotunda Carmen. Sarah, know that as I.’’ that this Nation is on the brink of self- ‘‘Gary lies buried a few miles from b 1545 destruction. The United States of where I first saw him on that sunny America, that we love, is on the brink Maine morning. It is a spare and simple I meant to have Sullivan Ballou’s let- of self-destruction. No future for Ian or place, open to the weather, bordered by ter here today and put them both in. Brittany Gordon, because of discus- woods that change with the seasons. He So what I will do is put this again in sions like this one today on sanction- is not alone now is that corner of the the RECORD next week with Sullivan ing marriage for homosexuals. Unbe- cemetery. His father, Dwayne, who Ballou’s letter next to it so young lievable. died suddenly of a heart attack last Americans like Ian and Brittany, and I hate to follow something so positive week, was laid to rest alongside his those a little older now, trying to de- with something so negative, but I had son, not far from the papermill where cide what to do with their lives, will a hard time getting time to speak this Dwayne gave so many years of hard learn that in this big, wealthy, exuber- week, Madam Speaker. There are still work. A gentle, sometimes restless ant, wonderful country of ours, there mysteries around here in both parties wind bends the flowers and stirs the are men—and now a lot of women—who that I am trying to figure out. But here flags that are always there by Gary’s put on a blue uniform, a khaki uni- is a column from a man whom God put military headstone,’’ American Legion, form, a firefighter’s rugged clothing in a wheelchair for the rest of his life Veterans of Foreign Wars, ‘‘below the and give up their lives for us, and that with a civilian accident, brilliant psy- chiseled words ‘Beloved Husband and there are people in the Transportation chiatrist, sorry he does not agree with Father,’ and the coin of his unit, the Department, called the U.S. Coast me on people serving in the military Delta Force coin, and his beret etched Guard under the Defense in wartime, with HIV, but you cannot get some- into the 39-inch beautiful alabaster they will die trying to rescue us in a body to agree on everything and I still marble. hurricane like Hurricane Bertha, work- have not written to him and made my ‘‘I hope that some gentle wind will ing her way up the coast, and that in case. But Charles Krauthammer, hand- always guide this ship to sea, and keep my beloved Air Force, my dad’s be- some, vibrant, brilliant young student, her on a safe, steady course. And when loved Army—and he did love it—our in- I think at Yale, when he jumped in a that wind strokes, the cheeks of my comparable Navy and their soldiers at swimming pool, which cost my brother children lying in their beds at night, sea, our unparalleled in the department his two front teeth and has cost a lot of and Ian and Brittany ask me to tell of esprit and faithfulness, our U.S. Ma- people the rest of their lives in a wheel- them what course the USNS Gordon is rine Corps, that there are young men— chair, a tragic accident all too com- striking under the stars, I can tell and now women—all around this world, mon. In that wheelchair, most people them, she is on the same course their from Arctic and Antarctic snows to who hear his brilliance, sitting in on father chose, headed for distant shores, still jungles, trying to feed people in Washington Week in Review and answering the call of those in need.’’ oppressive heat of God-forsaken na- guesting sometimes on Nightline and Madam Speaker, a few years ago, tions in Africa. God does not forsake other Sunday shows, unless a camera September 1992 to be exact, when I was anything. Forgive me that cliche term. shot is very clear, you do not realize explaining why America should never And the 19 young men that died in the that his chair is a metal chair for life. elect a draft-dodger to be the Com- Khobar Barracks bombing or the 19 Charles Krauthammer gave up the mander-in-Chief, I read a letter on this that died with Gary Gordon, if you in- practice of psychiatry, I guess tempo- House floor of a young college profes- clude Sgt. Matt Rearson who was hit at rarily, to be one of the better writers, sor from a sister New England State of the headquarters 3 days after Gary one of the better sages, or what we Maine, the State of Rhode Island. His died, had been flying rescue missions in sometimes say, disdainfully, pundits or name was Sullivan Ballou. He was a for hours. I met a helicopter pilot at talking heads in this country, and I major. He died just a few miles from the christening of the Gordon who flew want you to listen to this column. here, due west out toward Dulles Air- 171⁄2 hours nonstop. His wife came up to Rush Limbaugh made reference to it port, at the first Battle of Manassas, me proudly. She had seen me read the the very same night that I told my wife what the North called First Bull Run, Sullivan Ballou. I had flown a flag for that afternoon, or she told me, read or just Bull Run, then. everyone in their unit who had been this on the House floor, and unfortu- The letter was to his wife, Sarah. It killed or injured on the roof of the Cap- nately Rush Limbaugh only quoted a was so beautiful I could hardly read it itol. As a matter of fact, on July 4, line from it. I think America should through. All of America became aware 1994, and Veterans Day, November 11, hear this July 5, Washington Post col- of it with the beautiful National Insti- 1993, I flew over 200 flags for everybody umn. I think everyone should hear it. tutes of Heritage, the NIH TV series of wounded or killed in Somalia. I will Charles Krauthammer. A President the Civil War. When it was promoted probably do the same next week for the for our time. The subheadline is a on public broadcasting they would send 19 that died in Saudi Arabia. quote from the article. ‘‘A large num- to people the onionskin reprint of Interesting. Nineteen killed in ber of Americans think their President Major Sullivan Ballou’s last letter to Khobar Barracks, 19 killed under Ur- crooked and yet ethically fit for the of- his wife, Sarah, and his two young gent Fury trying to rescue Grenada, fice.’’ boys. While Carmen was delivering and 19 killed on October 3 and 4 and Oc- ‘‘When the Gallup poll of June 18–19 here beautiful christening eulogy to tober 6 in the filthy alleys of asked whether the words ‘‘honest and Sergeant Gary Gordon, I thought of Mogadishu. trustworthy’’ apply to Bill Clinton, Sullivan Ballou’s letter to his wife. So young Americans do not have to Clinton lost 49 percent to 46. Two He died at First Manassas, and that be dispirited by tragic votes like the weeks later in another national poll. was the last treasure his wife had of one that took place today, that cause a same question, Clinton was losing 54 to him. He talked about how dearly he wonderful religious man like Rev. Billy 40. And when Gallup asked whether wanted to see his two young sons rise Graham to say, in that rotunda, on Clinton had the honesty and integrity H7520 CONGRESSIONAL RECORD — HOUSE July 12, 1996 to serve as President, Clinton won 62 to polling questions: ‘‘Do you think a er, they know that that is what they 36, a landslide bigger than Lyndon woman should have her choice to her want. Johnson’s 61’’ or, I might add, Nixon’s own reproductive freedom in a free I will say it again: Smaller govern- 60, with even more people, a bigger plu- country?’’ Yeah, yeah, yeah. ment. Clinton said that standing right rality, more people voted in 1972 than Do you think a baby should be three- up there at that beautiful lectern in in 1964. quarters delivered, its entire body out front of you. ‘‘A milestone of sorts,’’ of the birth canal and scissors stuck ‘‘Balanced budgets, less welfare, Krauthammer says. into the base of its skull and its little more jails. It is no accident that no one ‘‘A quarter century after Nixon, we brain sucked out, do you think we campaigns for national office as a lib- have achieved the normalization of should have that? Clinton just signed eral.’’ Nixonian ethics. A large number of off on that. They say, ‘‘Oh no. That’s Not quite true, Charles. A lot of peo- Americans think their President up in the air.’’ ple over here, you can see it in the vote crooked and yet ethically fit for the of- The SPEAKER pro tempore (Ms. today, 65 of them and the 1 independ- fice. GREENE of Utah). The gentleman will ent. Well, the Republican is a lame ‘‘Whitewater gets worse. 49 to 42 suspend. The Chair needs to remind the duck and about 5 of the Democrats are think Clinton is not telling the truth gentleman that he must refrain from lame ducks, maybe 10. So about 50 peo- about it. 46 to 44 percent think he did referring to the President’s personal ple are willing to go home and cam- something illegal. Filegate grows. 50 to character. paign that they are a flaming liberal 36 percent think Clinton knew about it Mr. DORNAN. Well, let us see how who wants homosexuals to have full all along, something he has explicitly rough Mr. Krauthammer gets here. marriage rights. I want the Chair to be advised, I am denied. All the while Clinton rides high ‘‘Anyone who can get away with it against rule XVIII applying to the ex- in the polls with a strong 56 percent ap- campaigns as a conservative. Clinton is ecutive branch. I am against Clinton proval rating.’’ campaigning as a conservative. Clinton and GORE getting the protection and Is that not his highest ever, Madam is proving that anyone with high intel- violating the separation of powers, but Speaker? ligence—and blank blank—can get ‘‘This is no Teflon presidency. This is I will respect it because we passed it away with it.’’ Velcro. Everything sticks to this man. here. But we did now know what we Gennifer Flowers, Paula Corbin Jones, were passing on. It was not debated. ‘‘Clinton, whose major presidential Whitewater, Filegate, et cetera, et That is for the decorum of this Cham- initiatives were gays in the military’’— cetera, but it does not matter. Expec- ber or so that this House naturally in Charles, that is an adjective. Homo- tations of presidential character have combat, particularly in this current sexuals is a fine word to use, Mr. fallen so low with Clinton that the peo- conference period, do not say disparag- Krauthammer—‘‘homosexuals in the ple believe the worst about him and ing things about the U.S. Senators in military, a stimulus package of more still want him right where he is.’’ here, but I can tear the face off any Su- Federal spending, a tax increase and ‘‘Republicans are at wits’ end’’—I preme Court Justice, or Mrs. Clinton, the nationalization of health care, now admit it—‘‘with frustration that as the which I have chosen not to do, or any is running for reelection as a moderate sordidness of this administration is of the cabinet people who are running conservative.’’ progressively exposed, Clinton suffers up $150,000 on travel cards flying all ‘‘In one of the most cynical and suc- little political damage. The American around the world with huge staff and cessful acts of election year reposition- people say—and Perot’s 19 percent getting massages in exotic hotels, I can ing in recent American history, Clin- claim it is a principle, 24 percent in tear up anybody except under rule ton has moved to the right on a dozen California, claim it is a principle—they XVIII in some strange flush of generos- issues. He’s for school uniforms and want clean government, but they obvi- ity, we added those two offices. It was curfews for minors. He’s for the V–chip ously don’t mean it.’’ never respected with George Bush, cer- and for victims’ rights. He’s for the ‘‘They don’t mean it about character, tainly Nixon was savaged in this well constitutional amendment on victims’ either. And the ultimate Republican for most of his career, Barry Goldwater rights. He’s for Megan’s law, ‘to not frustration is they don’t mean it about as a U.S. Senator received some rough have sexual predators, way more than policy, either.’’ moments here. But I will try and work 50 percent of them homosexual, being Again, I tell my fellow Americans, my way through it and next year in turned loose in a neighborhood.’ ’’ you bet I am frustrated. I thought we January try and take that out. Even if ‘‘He’s against homosexual marriage. were doing what you wanted us to do my friend Bob Dole is elected Presi- Having slashed the staff of the White for a year and a half. I was not in on dent, I will try and take out that rule. House Office of Drug Abuse by 80 per- the decisions to close down the govern- The SPEAKER pro tempore. The cent’’—this is all policy, so this is OK, ment. I knew that would backfire. Be- Chair recognizes the gentleman’s dif- Madam Speaker—‘‘by 80 percent, he’s cause I come out of the media. I won ference of opinion. However, both the now talking tough on crime. Having Emmys in my mid 30s. I know more Chair and the Speaker are constrained submitted a fiscal year 1997 budget about broadcasting, radio and tele- to follow the rules of the House as they with $200 billion worth of deficits as far vision, than any member of my party have traditionally been and are cur- as the eye can see’’—that is a and probably anybody on the other rently interpreted. Clintonian quote—‘‘he’s now for a bal- side. I knew how the media would spin Mr. DORNAN. You bet we are. And I anced budget.’’ this, with Smokey the Bear camp will begin to redact this statement, be- ‘‘Most brazen of all, having twice ve- guards at Yellowstone and Yosemite, I cause I think it does get tougher. toed welfare reform bills, he’s now the predicted it, going to the little shops ‘‘On policy, with few exceptions, champion of welfare reform. Three that sell beautiful little redwood and abortion being the most notable, the days before Bob Dole was to give a sequoia curios and saying to them, country is conservative.’’ Is that not a major speech on welfare, Clinton sud- ‘‘What do you think about this?’’ given? Even Ross Perot agrees with denly announced in a Saturday radio The whole Medicare thing. I could that. address his endorsement of Wisconsin’s smell it coming, how this would be ‘‘The American people say they want radical Republican welfare plan.’’ I do spun. You bet I am a frustrated Repub- smaller government, lower taxes, bal- not think it is so radical. lican at the current polling. But I am anced budgets, less welfare, more ‘‘Clinton aides have since been hard an optimist. It is not going to last for jails.’’ at work watering down what he said to long. That is what you all want up there in co-opt Dole. No matter. That’s for page ‘‘On policy with few expectations, the gallery. We know that, Madam 38, probably the B section. The Satur- abortion being the most notable.’’ This Speaker. Anybody who visits in the day speech of Clinton’s was page 1. Of is one where I disagree with Mr. gallery. Let me phrase that correctly. I course everyone knows that Clinton, Krauthammer. He looks at the wrong am not allowed to refer to you directly under the guidance of Dick Morris, is polling. He is too smart, he should real- in the gallery. Anybody who comes and merely positioning. But that doesn’t ize dirty-in/dirty-out. You ask phony joins us in the gallery, Madam Speak- matter.’’ July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7521 b 1600 are still coming in, that I want to put issue of Chronicles Magazine, under the title The polls show that with these delib- in next week. ‘‘Sex, Drugs, & A Republican Party.’’ It will One from Marc Morano of Electronic be available June 15 at newsstands or people erate rhetorical moves to the center, can call 800–877–5459 for a copy. Clinton has risen significantly in the News Gathering, the reporter thanking me for doing the expose on Jefferson’s In my reply to Rep. Gunderson, I left out polls, 13 points on the question of one point. Rep. Gunderson alleged the secu- whether he reflects the values of the birthday, interestingly, the same day rity guards were stationed in the bathroom American people. Reflect he does, like we were commissioning one of those throughout the night. While it is true that a mirror. big ships for Medal of Honor winner the guards checked the bathrooms periodi- Now remember, these are Randy Shugart, 2,000 wild partying ho- cally, they were not permanently stationed Krauthammer’s words. They are kind mosexuals, hundreds of them almost in there until the lights kept repeatedly of cynical. I do not know if I go along naked down here in our biggest, most going out. beautiful taxpayer-owned and operated I also want to point out that I made my with this, but he sure made me think. whole account of the ‘‘Cherry Jubilee’’ avail- He says, ‘‘He reflects you like a mirror. auditorium, the Andrew Mellon Audi- torium, directly across the street from able to every major news outlet immediately The Republicans are confounded,’’ yes. following dance in April. I faxed CBS News, ‘‘They were elected in 1994 on a de- the actual star-spangled banner. The 30 ABC News, UPI, Washington Post, Wall tailed conservative agenda that they by 40 foot flag that flew up at Fort Street Journal, USA Today and many others, then tried to enact an era of sincerity McHenry up at Baltimore is on the but not one outlet even looked into it. If it and zeal for which they have been ever north wall of the National Museum of weren’t for your efforts, Armstrong Wil- paying in the polls.’’ American History, and directly across liams, and the talk radio medium, this whole Liberal networks taking these polls. the street is this homosexual Cherry story would have faded away. Dirty in, dirty out. Jubilee. Unbelievable. He says I want Once again, thank you for your crusade on to thank you for being the only Mem- this issue. May God bless you! Krauthammer continues, ‘‘Clinton’s Sincerely, ber of Congress with the courage to political genius,’’ that is a com- MARC P. MORANO. pliment, ‘‘is discerning and then be- come forward. coming whatever the American people No, no, no, I am not the only one STATEMENT BY JAMES C. DOBSON, PH.D., want him to.’’ now, Mr. Morano. Marc Morano says FOUNDER AND PRESIDENT, FOCUS ON THE ‘‘They want tough welfare reform, America needs new BOB DORNANS. Well, FAMILY but they do not want to hurt anyone. at least on the vote today there is 342 We feel strongly that as Christians, we are They want to abolish racial pref- of us, including, that is, 118 Democrats. mandated to love and care for people from erences, but they want to save affirma- I am not alone on this any longer. all walks of life, even those with whom we tive action. They want to balance the This marriage thing was a defining disagree or whose lifestyles we believe to be budget but will crucify the politician moment, as my pal CLIFF STEARNS immoral. Thus, Focus on the Family has no who tampers with Medicare,’’ which is from Florida called it today. He said interest in promoting ‘‘hatred’’ toward ho- busting the budget. my full uncensored report of the Cher- mosexuals or any other group of our fellow ry Jubilee weekend will appear, I did human beings. We have not supported, and In other words, Americans are not se- will never support, legislation aimed at de- rious and neither is Clinton. On every not know this, in the July 1996 issue of priving gays and lesbians of their constitu- great issue they say yes and no, Clin- Chronicles Magazine, Madam Speaker, tional rights—rights they share with every ton, the man that smoked but did not a solid mainstream Christian magazine citizen. More than that, we want to reach inhale, lives and breathes, yes and no. under the title ‘‘Sex, Drugs and the Re- out to homosexuals whenever and wherever He talks right and governs when he can publican Party.’’ Uh-oh. It will be we can. to the left. He talks tough and governs available mid-month at newsstands or However, we do strongly disagree with the soft. He is, in short, the perfect Presi- people can call their 800-number. efforts of homosexual activists to redefine marriage and the family, qualify for adop- dent for our time, and if he cuts a few In my reply to Representative GUN- tion, and promote homosexual practices in DERSON I left out one point, and I did blank-blank ethical corners, so what? the schools. We also oppose any attempts to Well, Madam Speaker, how much put Mr. Morano’s reply in, I hope. Mr. equate a sexual lifestyle with immutable time do I have left on this rainy hurri- GUNDERSON alleged that the security characteristics such as race in determining cane Bertha Friday afternoon? guards were stationed in the bathroom who is deserving of special legal protection. The SPEAKER pro tempore. The gen- throughout the night. While it is true We see no evidence that homosexuals as a tleman has 15 minutes remaining. that guards periodically checked the class are oppressed and powerless today. Ac- Mr. DORNAN. First I would like to bathrooms, they were not there until cording to recent surveys, the average homo- put in the RECORD as a follow-up to my the lights kept repeatedly going out. sexual earns $55,430 per year, compared to June 27 point of personal privilege let- Just made a correction. $32,144 for heterosexuals. Homosexuals are ters from conservative groups across not only well-paid, but also highly educated: I want to point out that I made my 59 percent of homosexuals hold college de- this country. I have been around long whole account of the Cherry Jubilee enough that they are all close friends. grees, compared to just 18 percent among all available to every major news outlet Americans. If discrimination exists, it cer- The incomparable, steady as she goes, immediately following the so-called tainly doesn’t appear to operate in education Dr. James C. Dobson, founder and dance in April. I faxed CBS news, ABC or employment. president of Focus on the Family, on news, UPI, the Washington Post, USA And when it comes to political clout, how the homosexual battle in our country. Today and many others, but no one can homosexuals claim to be underrep- I am not alone any longer, Madam even looked into it. If it were not for resented? Virtually every political and cul- tural objective of the gay and lesbian com- Speaker, for my long-time friend of 20 your efforts, courageous Armstrong years, Phyllis Schlafly, speaking for munity is being achieved today. Federal Williams’ efforts and talk show hosts funding for AIDS research and treatment is her great Eagle Forum, and she is also and all the media, that is Rush and all the director of a coalition group to only one example: The Department of Health the rest, this story would have faded and Human Services allocates 37 times more keep our pro-life values in the Repub- away. Thank you for your efforts on dollars per AIDS death than it does per lican platform, she sends a beautiful this issue. Thank you. God bless you. heart-disease death. This is true despite the letter. Put that in the RECORD, too. fact that heart disease kills more Americans Beverly LaHaye, great husband Tim ELECTRONIC NEWS GATHERING, than cancer, tuberculosis, strokes, diabetes LaHaye, good friend of mine. Beverly McLean, VA, June 11, 1996. and AIDS combined. LaHaye for the largest woman’s orga- Memorandum for Congressman Robert K. Even more illustrative, homosexual activ- nization in America, Concerned Women Dornan. ists have distorted public-health law so that for America, sends a letter of support. From: Marc Morano. a woman who’s been raped is not permitted The conscience on Capitol Hill from a I want to personally thank you for being to know the HIV status of the man who small building over in the northeast by the only member of Congress with the cour- raped her. My point is that the homosexual commu- Union Station. What a fighter, what a age to come forth on the ‘‘Cherry Jubilee’’ events. America needs more Bob Dornans! nity is hardly a disadvantaged, powerless mi- brave heart he has, Paul M. Weyrich. Thank you for your eloquent defense of me nority in need of special rights. Instead, it is He sends me a letter. and my reporting of the event. rapidly becoming a privileged class that bit- All five of these letters I want to put My full, uncensored report of the ‘‘Cherry terly attacks those who dare criticize its po- in, as there are about 10 more, and they Jubilee’’ weekend will appear in the July 96 litical objectives. Our opposition to that H7522 CONGRESSIONAL RECORD — HOUSE July 12, 1996 community’s political agenda is not an ex- Ignoring what America wants, homosexual world, are there. The boots that took his dad pression of hate toward homosexual individ- activists have pushed their agenda into our through desert and jungle now lace up uals, but one of social justice and common schools, our media, and our public policy. around Ian’s small ankles. They are all piled sense. Sanctioned by the National Education Asso- neatly together by a little boy’s hands and Finally, homosexual promiscuity is a dead- ciation, now many sex education classes in- sought out during quiet times. ly practice, shortening life and creating clude segments that portray homosexuality My daughter Brittany keeps a photograph painful psychological problems. We regret as a perfectly healthy, normal lifestyle. And of her daddy next to her small white bed, the the political influences that would result in mainstream TV sitcoms reinforce this view. big 8 by 10 of him smiling straight through vulnerable children being taught to perceive Gay activists call this ‘‘progress.’’ But to her. It is the first thing she packs when this deviant behavior as just another equally such ‘‘progress’’ takes a heavy toll on Ameri- leaving home, and the first thing she un- healthy choice about one’s sexuality. The ca’s youth. One former homosexual, Michael packs when she arrives anywhere. Bible teaches us that all sin leads to death, Johnson, explained the effect it had on him. There are comfort to my children. And a and homosexuality, like heterosexual prom- ‘‘One of the things that had an impact on me source of pride. But most important, Gary’s iscuity, is an abomination in the eyes of is those in our society who would tell me it’s children can see and feel these reminders of God. okay to be [homosexual],’’ he said. And what their father to keep him close. that did to me as a young person struggling In much the same way, the ship that we EAGLE FORUM, with the issue was not only to confuse me, christen here today—the USNS Gordon— Washington, DC. but also to ultimately lead me to pursue the gives us faith that Gary’s spirit will go for- DEAR BOB: As you prepare to respond to desires that God would have me reject.’’ Al- ward, his ideals and his beliefs honored by Representative Steve Gunderson’s remarks though Mr. Johnson has left the gay lifestyle those who know of him and the life he so through a point of personal privilege, I want and now runs an ex-gay ministry in Alaska, willingly gave. to share with you several verses from the his years living as a homosexual have quite The very first time I laid eyes on Gary book of Ezekiel that I hope will give you en- literally cost him his life. He has been diag- Gordon was the second month of my thir- couragement and peace. nosed HIV positive. teenth summer. I was staying with my ‘‘The word of the Lord came to me: ‘Son of grandparents in rural Maine. Every week we man, speak to your countrymen and say to America’s youth deserve better than this, and they certainly deserve a better model made a trip into town for supplies. One hot them. When I bring the sword against a land, afternoon in front of Newberry’s Department and the people of the land choose one of their than a congressional defense of the out- rageous behavior that took place at the store, I saw a boy washing windows. You men and make him their watchman, and he never forget the first time that you see your sees the sword coming against the land and Cherry Jubilee. I urge you to keep fighting the good fight for the sake of the next gen- first love. I watched him as he worked, calm blows the trumpet to warn the people, then and purposeful and quiet. Then he looked at if anyone hears the trumpet but does not eration. Sincerely, me, and I knew this was no ordinary boy. take warning and the sword comes and takes This boy could win my heart. BEVERLY LAHAYE, his life, his blood will be on his own head When he called my grandparents for per- Chairman. ** * If he had taken warning, he should have mission to take me out, he was turned down saved himself. But if the watchman sees the flat. She’s too young, they told him. And so, PAUL M. WEYRICH, sword coming and does not blow the trumpet in the way that I was to find out was unique- Washington, DC, May 23, 1996. to warn the people and the sword comes and ly Gary, he set out to wait three years. Congressman BOB DORNAN, takes the life of one of them, that man will Faithful and sparsely emotional letters Longworth House Office Building, be taken away because of his sin, but I will about his new life in the Army arrived regu- Washington, DC. hold the watchman accountable for his larly. On the day I turned 16, I sat in my DEAR BOB: I want to commend you for hav- blood. grandparents’ living room and watched as ing the courage to stand to answer Congress- ‘‘Son of man, I have made you a watchman his motorcycle pulled into the driveway, my man Steve Gunderson. for the house of Israel; so hear the word I palms sweaty on my freshly ironed dress. A It has never been my view that it is our speak and give them warning from me. When few hours of talk, a quick first kiss in the I say to the wicked, ‘O wicked man, you will business what lifestyles people privately rec room, and Gary left to be back at his surely die,’ and you do not speak out to dis- choose. That is between themselves and God. base, miles away. So began our slow dance of suade him from his ways, that wicked man But when individuals, especially elected of- love, one that would give us so much in so will die for his sin, and I will hold you ac- ficials, insist that their lifestyles be vali- short a time. dated by society that is where I draw the countable for his blood. But if you do warn We had five summers and winters together, line. the wicked man to turn from his ways and he the births of a son and daughter setting a That Rep. Gunderson, who openly flaunts does not do so, he will die for his sin, but you rhythm to such sweet time. On Sunday will have saved yourself. his homosexuality, would lend his name and mornings when Ian was still so small, Gary ‘‘Say to them, ‘As surely as I live, declares office to any event where there is immoral would fill a baby mug with watered down the Sovereign Lord, I take no pleasure in the behavior is outrageous. That Gunderson coffee. Folding a section of the newspaper to death of the wicked, but rather than they would be supported in this endeavor by ele- fit Ian’s chubby hands, the two of them turn from their ways and live.’’—Ezekiel ments of the Republican party is reprehen- would sit together quietly, turning the pages 33:1-11. sible. and sipping from their cups. Gary’s love for Bob, thank you for your commitment to When any society through its leadership Brittany was just as strong, Every day when the truth and your willingness to stand up gives its stamp of approval to actions which he arrived home from work, Brittany would for what is right. You are a real American are biblically condemned, it has started run to meet him, his big hands scooping her hero! down the road to perdition. up and rubbing her bald head where baby Faithfully, No so called good intentions (i.e. raising hair had yet to grow. We never knew when PHYLLIS SCHLAFLY. money for AIDS) can mask the blatant at- these times would be interrupted by a day tempt by those in leadership positions who that brought Gary home with his head CONCERNED WOMEN FOR AMERICA, seek an imprimatur for their immoral behav- shaved, anticipation in his voice and a time- Washington, DC, May 29, 1996. ior. Hon. ROBERT DORNAN, table for leaving. I stand with you as you call the nation’s I never worried when Gary left on a mis- Longworth House Office Building, House of attention to actions which are self destruc- Representatives, Washington, DC. sion. As I cheerfully kissed him goodbye and tive. waved confidently from our front porch, it DEAR CONGRESSMAN DORNAN: The 600,000 You know well you will be condemned by members of Concerned Women for America never occurred to me to be afraid. Because those who condone immorality for what you Gary was never afraid. My safe world was want to thank you for your unfailing deter- do. So much the greater your eternal reward mination and leadership in protecting the shaken in December of 1989 with the invasion will be for standing with the truth. traditional family against the assault of the of Panama and the realization that my hus- Sincerely, homosexual agenda. band was in the middle of it. Along with AUL WEYRICH. Over the last decade, we have see homo- P other young mothers clutching infants, I sat sexual activism flood into mainstream soci- in a darkened living room and watched tele- ety. No longer are homosexuals satisfied REMARKS BY MRS. CARMEN GORDON AT THE vision news around the clock. Gary came with a ‘‘live and let live’’ philosophy. They NAMING CEREMONY FOR USNS ‘‘GORDON’’, back, safe. One night when I told him of my want society to endorse and encourage their JULY 4, 1996 fears, he laid a gentle hand on my cheek and behavior—a behavior most Americans deem Thank you for that kind introduction and said quietly, ‘‘Carmen don’t worry about immoral. the opportunity to be here with you today. things we can’t change.’’ A recent Wirthlin poll, commissioned by I’d like to tell you about Gary. I know that death often leaves us with the CWA, found that 66 percent of American Just behind a small door in his bedroom haunting question ‘‘Why?’’ I know why Gary women believe it’s important for govern- closet, my son Ian has stored the treasures died. He died because he was true to his own ment officials to promote traditional family dearest to him. The uniforms his father code for living—trying to help someone else. values over tolerance for ‘‘alternative life- wore, the canteens he drank from, the ham- Fear would have kept Gary from doing what styles.’’ mock he slung in so many corners of the he needed to do, what he wanted to do, what July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7523 he had prepared all his life to do. There is Most brazen of all, having twice vetoed going to do in the other Chamber, in rare strength in the creed he shared with his welfare reform bills, he’s now the champion the other body? That is anybody’s comrades: ‘‘I shall not fail those with whom of welfare reform. Three days before Bob guess, given the difference in our de- I serve.’’ Dole was to give a major speech on welfare, Gary lies buried only a few miles from Clinton suddenly announced in a Saturday fense authorization bill. where I first saw him on that sunny Maine radio address his endorsement of Wisconsin’s I am for ethically asking young re- morning. It is a spare and simple place, open radical (Republican) welfare plan. cruits, ‘‘Are you a homosexual?’’ They to the weather and bordered by woods that Clinton’s aides have since been hard at will not hear of it. I am for taking the change with the seasons. He is not alone now work watering it down. No matter. That’s for almost 1,000 people, that is a regiment, in that corner of the cemetery. His father page 38. The Saturday speech was page 1. who have the AIDS virus and are on, Duane, who died suddenly of a heart attack Of course, everyone knows that Clinton, under the guidance of Dick Morris, is merely we hope, a slow, not a fast path to last week, was laid to rest alongside his son, death, that are lucky to be Americans not far from the paper mill where he gave so positioning. But that too doesn’t matter. many years of hard work. The polls show that with these deliberate and have access to the greatest medical A gentle, sometimes restless wind bends rhetorical moves to the center. Clinton has system in the world that has not been the flowers and stirs the flags that are al- risen significantly in the polls—13 points—on destroyed yet, and I want to give them ways there on Gary’s military headstone, the question of whether he reflects the val- over to the VA so that other people do below the chiseled words ‘‘Beloved Husband ues of the American people. not have to deploy over and over un- and Father,’’ and the coin of his unit pressed Reflect he does. Like a mirror. The Repub- licans are confounded. They were elected in fairly because these people broke the into white stone. I hope that same gentle 1994 on a detailed conservative agenda that UCMJ, with the exception of two cases wind will always guide this ship to sea and they then tried to enact—an error of sincer- that are wives, military wives, who her keep her on a safe and steady course. And when that wind strokes the cheeks of ity and zeal for which they have ever been philandering husband contaminated paying in the polls. my children lying in their beds at night, and like they would bring TB home. Clinton’s political genius is discerning and They want to restore abortion to Ian and Brittany ask me to tell them what then becoming whatever the American peo- course the USNS Gordon is striking under ple want. They want tough welfare reform, military hospitals. That is a contested the stars, I can tell them that she is on the but they don’t want to hurt anyone. They item between the conferences. Lots of same course their father chose: Headed for want to abolish racial preferences, but they issues. We do not know what is going distant shores, answering the call of those in want to save affirmative action. They want to happen over there for sure. need. to balance the budget, but will crucify the Let me tell Members what I did not politician who tamper with Medicare—which [From the Washington Post, July 5, 1996] get to in my point of personal privi- is busting the budget. lege. I entered in the RECORD, but I did A PRESIDENT FOR OUR TIME In other words, they are not serious and (By Charles Krauthammer) neither is Clinton. On every great issue, they not show it. Madam Speaker, you see When the Gallup Poll (June 18–19) asked say yes and no. Clinton, the man who this thick magazine as big as a Read- whether the words ‘‘honest and trustworthy’’ smoked but didn’t inhale, lives and breathes er’s Digest, as large in pages and bill- apply to Bill Clinton, Clinton lost 49 percent yes and no. ing bigger in size? Hard core pornog- to 46 percent. (Two weeks later in another He talks right and governs (when he can) raphy in it, too. I did not realize that. poll, same question, Clinton was losing 54– left. He talks tough and governs soft. He is, All I looked at was the camera, the in short, the perfect president for our time. 40.) And when Gallup asked whether Clinton thickness. It is called Steam. has the honesty and integrity to serve as And if he cuts a few ethical corners too, so what? It is available around this country to president, Clinton won 62–36, a landslide big- tell homosexuals where to have sex ger than Lyndon Johnson’s. Mr. DORNAN. Now, what I did not with strangers in public parks. Where Expectations of presidential character have time to get to—I feel like taking have fallen so low with Clinton that the peo- my coat off and throwing it across the to go in our national parks, where to ple can believe the worst about him and still table—what we did get to take, thanks go in your city parks, and there is a want him where he is. to a former U.S. attorney from Geor- European version. Steam did not come Republicans are at wits’ end with frustra- up in the debate today, nor did this tion that, as the sordidness of this adminis- gia, BOB BARR bringing this on the floor, is this letter from Lambda Legal from the Advocate magazine, which tration is progressively exposed, Clinton suf- used to be a newspaper. It is now the fers little political damage. The American Defense. I would recommend Lambda people say—and Perot’s 19 percent claim it is Report, which is a Judeo-Christian eth- main homosexual magazine in Amer- a principle—they want clean government, ical report on Lambda stuff. I want to ica. It is all pornographic classified ads but they obviously don’t mean it. read again to set the scene here. The to get people to go to leather bars and They don’t mean it about character. And— key line highlighted in red on why we engage in bondage, discipline, things the ultimate Republican frustration—they debated so long Hawaii’s attempt and that I cannot mention on the House don’t mean it about policy either. floor, sadism, sodomy, masochism, On policy, with few exceptions (abortion Hawaii is not far, thousands of miles being the most notable), the country is con- away. That is only physically. I guess things involving craziness, I mean real servative. The American people say they if Virginia across the Potomac were craziness. This is their classifieds that want smaller government, lower taxes, bal- doing what Hawaii is doing or Mary- they have now spun off from the main anced budgets, less welfare, more jails, etc. land surrounding the district on three magazine, so they can do their first It is no accident that no one campaigns for sides, then it would have been a dif- interview with President Clinton. Of national office as a liberal. Anyone who can ferent debate. But oh, let Hawaii do course, he lets them down. He does not get away with it campaigns as a conserv- interview with them face-to-face. He ative. And Clinton is proving that anyone their vacation things and have all these homosexual marriages. mailed in his answers. with high intelligence and no scruples can But the current Advocate magazine get away with it. But listen to this again from the Clinton, whose major presidential initia- Lambda Legal Defense Fund, and I has a Clinton interview, the President tives were gays in the military, a stimulus have debated them on Crossfire: ‘‘Many of the United States, bragging about he package of federal spending, a tax increase same-sex couples in and out of Hawaii has done more for homosexuality than and the nationalization of health care, now are going to take advantage of what all of the 41 preceding Presidents, from is running for reelection as a moderate con- would be a landmark victory. The Washington to George Bush, all servative. wrapped together. Nobody is arguing In one of the most cynical—and success- great majority of those who travel to ful—acts of election-year repositioning in re- Hawaii to marry will return to their that, but he is going to back up the cent American history, Clinton has moved to homes in the rest of the 50 States ex- vote of the Republicans and 118 Demo- the right on a dozen issues. He’s for school pecting full legal recognition of their crats today who voted, if the Senate uniforms and curfews for minors. He’s for the unions,’’ and they will darn well try goes along with it, for no homosexual V–chip and the ‘‘victims rights’’ constitu- and get legal services, tax dollars, your marriages having to be recognized in tional amendment. He’s for Megan’s Law; tax dollars through a corporation we the other 49 States if Hawaii goes bal- He’s against gay marriage. should have shut down, to make you listic. Having slashed the staff of the White In the classifieds here, which they House Office of Drug Abuse by 80 percent, pay for their battles back in these he’s now talking tough on drugs. Having sub- States to make the other 49 recognize spun off so they could do these main- mitted a FY ’97 budget with $200 billion defi- their so-called Hawaiian marriage. stream interviews—I am sorry, I am cits as far as the eye can see, he’s now for a Now, remember, it only passed 342 to just sorry. This is like a visit to balanced budget. 67, 2 present, 23 absent. But what is it Dante’s Inferno. I would recommend H7524 CONGRESSIONAL RECORD — HOUSE July 12, 1996 kids in high school read his Inferno, But get this, and I am going to ask me, and that is the Republican leader- read Milton’s Paradise Lost and avoid unanimous consent to put it in the ship, that they are going to ask back this defilement that is mentioned both RECORD, here in my—at the beginning for the wife pin. in Romans and the New Testament and of my point of personal privilege, here This is the First Armored Division. in Leviticus, which was ridiculed and is the excellent new conservative mag- That is not a wife pin, folks. The wife attacked today in the face of Moses up azine that I held up called the Weekly pin, the spouse pin and their I.D. card, here. I hope guests when they come Standard, started by a good conserv- since this bill is passed, I will make here always recognize the 23 lawgivers ative Fred Barnes and Bill Crystal, Ir- sure that happens. here, some of them without such ster- ving Crystal’s great son. Here is the Pedophilia is going to be debated in ling characters, like Napoleon, but he cover issue, Pedophilia Chic. I held it the spring, and it is sad, just like ev- was a good lawmaker, that they are all up on the floor. Unfortunately, the erybody was shocked today. profiled except one, Moses’ direct face camera, I held it out so far it cut my Mr. Speaker, I ask unanimous con- looking right down on us, the man of arm off and no one ever did see the sent to include for the RECORD the full Exodus. title. By the time I brought it back to article from the Weekly Standard. And When you attack Leviticus, you at- the lectern, it was down. Pedophilia these other letters I already have per- tack the Torah. The Torah is the first Chic is a terrifying article. Get the mission. Thank you, and have a great five books. It is Genesis, Exodus, Le- RECORD of today, not through my of- weekend. viticus, Numbers, Deuteronomy. That fice, please, through your own Con- The SPEAKER pro tempore. Without is the basic thing that so many people gressman, I would ask people watching objection, the gentleman may submit died to hide at the height of the terror us today, Madam Speaker, and read those materials and extraneous other of Nazi Germany, was to protect and this article by a lady, Mary Everstat. documents for the RECORD which are hide the Torah. She brings out that the New Republic consistent with House rules and proce- Now look at this. I predicted on the dures. floor today, Madam Speaker, that we and then the New York Times have been running articles inching toward There was no objection. would be arguing about pedophilia on The material referred to is as follows: this floor in 2 or 3 years. Here is a pedophilia. PEDOPHILIA CHIC book, a new book with an in-your-face Here is a guy with an unusual name, title. Look at this, Mr. Speaker. Cor- sounds like a contract player at MGM (By Mary Eberstadt) ruption. It is all about youth, teen- in the bad old days. Trip Gabriel, T-r- When most Americans hear the word agers, pedophilia. That is what it is all i-p. Trip Gabriel writes in a front-page ‘‘pedophile,’’ they usually think of men like the self-described ‘‘child-molesting demon’’ about. Sickening stuff. report in the New York Times that ‘‘Some on-live discoveries give gay Larry Don McQuay, who was released from a I have got a 14-year-old grandson. He prison in East Texas in April and driven to is tough. He watches television. He is a youths a path to themselves.’’ San Antonio to begin a closely supervised, good student, an ‘‘A’’ student, gateway b 1615 but nonetheless semi-free, new life. And program student, as is his younger sis- when most Americans think of men like They are on the verge of suicide. So ter. She just flew out alone to L.A. and McQuay roaming the streets, they react had great adult conversations on the if a child molester is making contact much as did the outraged, screaming-in-the- plane going out to Los Angeles, her with a male child in a homosexual way, streets, placard-carrying citizens of San An- first big trip on her own, 14, a soccer if we break that connection and bust tonio. About the mildest thing said by one of star, also an A plus student as is the the molester, the young male child them was ‘‘I sure hope there will be more in- threatens to commit suicides. dictments’’ to send McQuay back to jail— younger sister. It looks like hopefully I this, from the chairman of the State Board have raised good kids that are such I will say it again. The heterosexual young lady, and there is no hetero- of Pardons and Paroles, under whose aus- conscientious parents. All my pices McQuay was released. The local vic- grandkids are just working so hard, the sexual young men being contacted by tims-rights groups were less restrained. As television is monitored, they under- women. There are no women predators the president of one such group put it, in a stand and love history, a lot, thank to speak of. The number is infinitesi- straddle between threat and hope, ‘‘In this heavens, their grandfather has been mally small or nonexistent. There is no city, he’s not going to be safe’’—thus sum- able to pass on some of my love for this lesbian, no heterosexual woman who marizing neatly the vigilante desire that country. I would not show these bright prays on children. We cannot even find most parents, when contemplating a figure like McQuay, would doubtless second. oldest of my 10 grandkids. I am count- statistical data. This is basically a male homosexual In addition to a spate of high-profile cases ing one before it has arrived around like McQuay’s, the past few years have also Christmastime. But of my five grand- problem, and the child molesters of the witnessed an ongoing public obsession with daughters and grandsons, this is not for heterosexual variety are usually child abuse in any form; a Congress that, at their eyes, but it is out there and that drunken disgusting stepfathers who are the urging of the White House and Justice is why we are going to discuss dismissing their wife and going after Department, has toughened the penalties for pedophilia and I am going to amend her daughter from another marriage. child-pornography trafficking; and Bill Clin- what I said during the debate today. It Take out that chunk and take out the ton’s signing of the constitutionally com- is not going to be in 3 years. We are numbers and prorate these cohorts, plicated Megan’s Law, which makes it im- since there is only about three-quar- possible for those once convicted of child-sex going to be debating pedophilia, Mr. offenses to move anonymously into an Speaker, on this floor in the spring and ters of a percent of lesbians in the unsuspecting neighborhood. do you know why? Because the country and 1 percent male homo- And yet a funny thing happened on the Internet and that Supreme Court is in sexuals, and the rate of male way to today’s intense fear and loathing of our face saying that child molesters pedophilia, homosexual pedophilia on Chester the Molester. For even as citizens can make contact and, get this, fine makes is 11 to 1 over heterosexual around the country have sought new ways of tuning, make contact with young pedophiles. keeping the McQuays of the world cordoned males. If a child molester is on the This article is terrifying because it off from the rest of us, and even as the public says it is chic, it is in vogue to slowly rhetoric about protecting America’s children Internet making contact with a young has reached deafening levels, a number of en- girl, 10, 11, 12, 13, 15, 16, and he is found inch our way toward saying, well, what lightened voices have been raised in defense out, does anybody suggest the young are we going to do, we have to teach of giving pedophilia itself a second look. girl who is a heterosexual is going to homosexuality in a positive way for After all—or so some of these voices have commit suicide if she continues her our high schools or these young emerg- suggested—what if pedophilia is in fact a vic- dialogue with this guy or if it is broken ing people will commit suicide. tim-less crime? What if teenagers, and even off? I mean she will commit suicide? Of I received a letter today from a Mem- children, are more in control of their emo- course not. This guy should be busted ber’s male significant other, who has a tions, their bodies, their sexuality, than the spouse pin and a wife I.D. card. There rest of us think? What if sexual relations and the young girl should be told to go with adults are actually ‘‘empowering’’ to back to her homework and, if she has are three of them in this House, two on the young? What if pedophilies and would-be abusive or neglectful parents, make it that side and one on this side. In this pedophiles are in fact victims themselves— some way the States, not the Federal debate today, if we won, and we won exploited by the cunning young people they Government, can address that problem. big, 342 to 67, the leadership promised befriend? July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7525 There are also the matters of civil liberty. scrawny and white-chested, posing like pin- peared within weeks of the Calvin Klein ad Is it fair to send people to jail for owning, ups, their cK Clavin Klein jeans partially un- blitz. At the time, as readers may recall, the trading, and obsessively consuming child done. . . . That was really groundbreaking public fear of pedophile predators was being pornography when no one is really injured by advertising.’’ fanned by the discovery of yet another form such practices? And what about the notion of The talent, too, was cutting edge. The ad of outreach: the home computer. In the pre- an ‘‘age of consent’’—isn’t it an anchronism, campaign was shot by the well-known pho- ceding months, one 16-year-old boy had run in this age of adolescent sexual precocity? tographer Steven Meisel (who is credited, away with bus tickets provided by a chat- Shouldn’t it be lowered to a more realistic among other work, with the photos in Ma- line ‘‘friend’’; similar cases of solicitation standard? Say, to fourteen? Thirteen? donna’s Sex book). Meisel in turn made an- had become the subjects of FBI investiga- Twelve? other personnel choice of celebrity interest. tions; and Congress, heavily pressured by in- Once upon a time, the reader losing sleep As the Washington Post reported later in terest groups, had turned its hand to devis- over questions like these would have had to September. ing legislation that would prevent the ex- travel to Times Square, or the local porn When President Clinton railed against ploitation of minors via cyberspace. All in shop, or perhaps the nearest branch of the those notorious Calvin Klein ads . . . he all, it seemed an unlikely moment to suggest North American Man-Boy Love Association probably didn’t know that the off-camera that those selfsame chat rooms and bulletin (NAMBLA). But no longer. Now he need only voice in the television versions belonged to a boards had their bright side. But that is ex- subscribe to the right stylish magazines, the gentleman named Lou Maletta—aka the actly what the N.Y. Times managed to do in right cutting-edge publishers, and be famil- Leather Daddy. Since Calvin Klein pro- a front-page report by Trip Gabriel called iar with the work of the right celebrated au- claimed loudly in his defense that there was ‘‘Some On-Line Discoveries Give Gay Youths thors. It is hard to know what to make of no pornographic intent to the ads, Maletta a Path to Themselves.’’ these piecemeal attempts—which amount to was certainly an interesting casting Though ‘‘a handful of high-profile cases’’ nothing so elevated as a movement—to re- choice. . . . had ‘‘dramatized the threat of on-line preda- write what most of the rest of us persist in Lou Maletta, 58, is founder and president of tors,’’ wrote Gabriel, kids themselves shared thinking about adults whose sexual interests the New York-based Gay Cable Network, no such fears of the screen. In fact, ‘‘all the run to kids. Call it the last gasp of a nihilism which produces ‘‘Gay USA,’’ a news show; young users interviewed’’ for the Times piece that has exhausted itself by chasing down ‘‘In the Dungeon,’’ ‘‘about the New York ‘‘said the threat was exaggerated, adding every other avenue of liberation, only to find leather scene’’; and ‘‘Men & Films,’’ which that they would not be likely to meet blind- one last roadblock still manned by the bour- features excerpts from gay porn videos, and ly with an on-line acquaintance.’’ In fact, if geoisie. Call it pedophilia chic. for which Maletta’s Leather Daddy character the kids had any fear at all, it seemed to be quite the opposite—that their lines of com- CALVIN KLEIN’S LEATHER DADDY was created. The next day, the Post was forced to pub- munication would be shut down by party- For laymen, the best-known example of lish a correction: At the last minute, and for pooping parents and legislators. Recent leg- this phenomenon was last summer’s much- reasons unclear, Klein himself decided to re- islation, in particular, this reporter discov- reviled and ultimately abandoned ad cam- place ‘‘Leather Daddy’’ with a professional ered, ‘‘has made some ‘gay youths’ fearful paign for Calvin Klein jeans. In fact, as the voice-over actor. Interesting though that de- about the future of on-line discussions.’’ record will show, when measured against cision may be—at the very least, it does And fearful they should be, if cyberspace is other recent soundings on the subject of seem to imply an awareness on someone’s really the lifeline the Times made it out to adult-child sex, that ad campaign itself ap- part that there was such a thing as going too be. A ‘‘distraught youth’’ in California was pears—pun intended—mere child’s play. But far—it is not nearly as significant a choice ‘‘on the verge of suicide’’ until reaching one first, a review of the facts. as that of commissioning Maletta in the first ‘‘Daniel Cox, 19, a regular on an Internet Just about a year ago, the company place. What that choice signified was what chat channel dedicated to gay teenagers’’ at launched a series of print and television ads any sophisticated viewer would already have 3 a.m. Cox ministered to the California that were, according to almost every critic discerned—that the ads had an obvious man- youth, and the next day ‘‘the young man was who reviewed them, bizarrely and boy sexual subtext. back on line and doing O.K., Mr. Cox said upsettingly reminiscent of child pornog- The second interesting fact about the out- [emphasis added].’’ This apparently happens raphy. Even for a public made blase´ by expo- come of the Klein affair was the inadvert- all the time. As another of these selfless do- sure to Calvin Klein’s many other provoca- ently revealing rationale put forth by com- gooders put it—one Michael Handler, ‘‘17, a tive images, the seediness of this latest ef- pany officials. The main idea seemed to be moderator of the Usenet news group for gay fort proved just too much. There were, first, that teenagers are more sexually sophisti- youth’’—‘‘We want everybody to be who they the images themselves: teenage models— cated than many adults want to believe. are and be happy and not kill themselves be- most looking bored, with legs spread apart ‘‘The message of the cK Calvin Klein jeans cause they feel they’re some sort of abomi- and underwear revealed—lounging around current advertising campaign,’’ as a full- nation.’’ semi-dressed. There was also the matter of page ad in the New York Times and else- Another teenager, Ryan Matsuno, ‘‘typed setting. The cheap wood paneling and shag where informed the public, was that ‘‘young out a plaint of loneliness’’ one night, only to carpets were supposed to suggest a suburban people today, the most media savvy genera- receive ‘‘more than 100 supportive E-mail rec room—another visual convention, it tion yet, have a real strength of character letters’’ within the next few days—letters seems, of the child-porn genre. and independence. They have very strongly that ‘‘gave me courage’’ and ‘‘the initiative By common consent, the scripts for the TV defined lines of what they will and will not to go through with telling my mother,’’ ac- ads—which ran only in New York before do . . .’’ It was this very strength, officials cording to Master Matsuno. Still another being withdrawn—were even more compel- reiterated, that proved discomfiting to the teenager, we are told, used his computer ling evidence of the campaign’s indebtedness public at large. ‘‘The world,’’ as Klein him- skills to outwit that rarest of things in to the pornographic canon. In those ads, an self told an interviewer shortly after the ads cyberspace, an actual predator: ‘‘Dan Mar- offstage male voice seemed to goad the were pulled, ‘‘is seeing a reflection of what’s tin, a gay 17-year-old in Fresno, Calif., said young models into responding through a really going on.’’ he talked for a year on line to a man claim- combination of wiles and special pleading. In a sense, Calvin Klein got it exactly ing to be 21. Occasionally the conversation ‘‘You take direction well—do you like to right. All that groundbreaking advertising turned to sex. When Mr. Martin suggested a take direction?’’ the voice asked a girl. The was indeed reflecting something real, albeit meeting, the man refused and confirmed Mr. lines to boys were smuttier still. ‘‘You got a something very different from what the Martin’s suspicions that he was really mid- real nice look. How old are you? Are you expost-facto explanations claimed. What dle-aged. ‘After I confronted him, I never strong? You think you could rip that shirt those ads did mirror was something else: the heard from him again,’ Mr. Martin said.’’ off of you? That’s a real nice body. You work In sum, according to Gabriel, ‘‘sites for gay idea that non-adults (particularly if they are out? I can tell.’’ And so on. and lesbian youth are the source of some of boys) are appropriate sex objects for adults Though girls and boys alike appeared in the most stirring stories in cyberspace.’’ (particularly if the are men). the ads, it was clear to any savvy viewer These touching dramas, the Times report Contrary to what some critics implied at that the boys, rather than the girls, were the continued, are social-worker approved—cer- the time, Calvin Klein and his team did not main event. For one thing, there was noth- tainly by one Frances Kunreuther, director invent the idea of using man-boy sex to grab ing really new about the girls. As a critic for of ‘‘a social service agency for gay teenagers public attention; they merely submitted it Adweek remarked at the time, ‘‘Girls have in Manhattan,’’ who says, ‘‘I think the to a commercial plebiscite. Middle America, been objectified forever. It’s not shocking, Internet is a step in the right direction.’’ At to the surprise of the fashion moguls, voted sad to say.’’ (It is particularly unshocking in the same time, though, the social workers the campaign down. But Middle America has a Calvin Klein jeans campaign; after all, it is also ‘‘cautioned that cyberspace could not only been one testing ground for revisionist now fifteen years since an underage Brooke substitute for face-to-face contacts.’’ But suggestions about pedophilia. Other, more Shields was used to suggestive effect.) wait: Aren’t face-to-face contracts exactly sophisticated venues have proved more will- No, what was new in this latest effort was what most people fear when they think of ing to give the subject a second look. the question of who those boys were posing kids in sex-saturated ‘‘chat rooms’’? Well, no for. As James Kaplan noted acidly in New ‘A STEP IN THE RIGHT DIRECTION’ matter. And no matter too, apparently, that York magazine, ‘‘What especially got to Consider an example from the New York anyone logging on as a teenager could be 17, many people was the images of the boys, Times, which, in an errie conjunction, ap- or 70—or 7. The only thing that matters, or H7526 CONGRESSIONAL RECORD — HOUSE July 12, 1996 so it appears from reporter Gabriel, is that Surreptitious filming of students, porno- And, of course, the hapless Bateman was ‘‘the electronic curtain is not a closet’’— graphic tape-making, pornographic tape-ed- also a victim of a society that forces homo- this, from one Reid Fishler, founder of an iting, pornographic tape-swapping with a sexuals to act furtively. When faced with the Internet site called the ‘‘Youth Assistance former student, pornographic reconstruction conservation of Exeter, where ‘‘only one in- Organization,’’ who is said to be 19. of homework videos: Not everyone prizes structor has come out,’’ Lane Bateman ‘‘A danger to his students, or only to him- hobbies like these in a boarding school stayed in the closet. And it was all that time self?’’ teacher, with or without that library of in the closet, it is argued here, that led to Another place willing to ask some hard- kiddie porn on the side. Certainly that was his taste for child pornography. ‘‘It’s not nosed questions about grownups who are sex- the view adopted at last by Exeter itself, healthy to be so secretive, but Lane never ually interested in kids is Vanity Fair maga- which fired Bateman within 24 hours of his felt secure enough at Exeter to come out,’’ zine. For the most part, its glossy pages arrest. Something of that view seems also to explains a friend who has long known of seem an unlikely territory on which to argue have been shared by federal district court Bateman’s interest in pornog- in earnest about anything—much less about judge Jose A. Fuste, who in January 1993 raphy. . . . ‘He’s heavy into fantasy. These anything as obscure as whether a high school sentenced Bateman to five years in prison sex movies are the legacy of the closet.’ ’’ teacher obsessed with child pornography was without parole for one count of possession In case the reader misses the point, Bate- in fact a misunderstood victim himself. and two counts of interstate shipment of man is also provided an opportunity to ex- Nonetheless, it was in a 1992 issue of Vanity child pornography—a sentence that, though pound on it himself. Fair that veteran reporter Jesse Kornbluth hardly the maximum allowed by law, was a Bateman says he purchased the material published what is probably the most heart- far cry from leniency. (Under a fourth count, that ultimately brought him down several felt and sympathetic portrayal of a con- forfeiture, Bateman was also forced to sur- years before he started teaching at Exeter, victed child-pornography trafficker yet to render his video equipment.) There was also when he was coming out of the closet and appear in expensive print. the influential fact that Bateman showed no wanted to make up for lost time. ‘‘For a few ‘‘Exeter’s Passion Play,’’ as the piece was remorse whatever for his behavior. As a re- years, you could buy anything, and I bought called, concerned the fate of Larry Lane (or port in the New York Times put it when the some films and books that featured young ‘‘Lane’’) Bateman, a tenured teacher at the sentence was announced: ‘‘He said he still boys,’’ he says. ‘‘For me, these pictures were elite Phillips Exeter Academy who was con- did not understand what was ‘so wrong’ aesthetic, not pornographic. I know people victed in October 1992 of possessing and about what he had done. ‘If I strangled a say, these images are despicable—how can transporting child pornography. The preced- child, if somebody had been hurt, if some- you think that? But the key point is that I ing summer, a police raid on his apartment body’s property had been destroyed, then identified with the boys, not the men. If had turned up 33 videotapes of child pornog- there certainly would be a victim,’ Mr. Bate- someone young had grabbed me when I was raphy. The police also found hundreds of por- man said ‘Where are the victims?’’’ that age and said, ‘Let me teach you some- nographic tapes featuring adults—that is to Where, indeed? It is that question that re- thing.’ I would have said, Sure.’’ say, men—and still other tapes made by Exe- porter Jesse Kornbluth sets out to answer, And here, as with the example of Calvin ter students on assignment from Bateman and the way he answers it will likely take Klein, we come to the real heart of that their teacher had spliced and doctored some readers by surprise. For the chief vic- pedophilia chic: It’s about boys. It is boys to his liking (for example, zeroing in on geni- tim of the Bateman affair, as it turns out, and boys alone who are seen as fair sexual tal areas). Finally, the police also found so- was not, say, Michael Caven, or the Exeter game. For if Bateman’s cache of child por- phisticated videotaping equipment, some of students filmed in the showers, or even all nography had featured little girls, rather which belonged to Exeter, later valued at be- those little boys who were somehow made to than little boys, it is unthinkable that he tween $200,000 and $250,000. perform in all those movies with titles like would have become the object of a sympa- As Bateman would later admit to the au- Ballin’ Boys Duo, Young Mouthful, and Now, thetic profile in the likes of Vanity Fair. thorities, he had been involved with child Boys? No, the chief victim of it all—perhaps That a teacher whose sexual tastes run to pornography for twenty years—buying it, even the only victim, if the story told in boys rather than girls could come to com- lending it, going out of his way to get it, and Vanity Fair is correct—appears to have been mand a cultural dispensation for that pref- above all, viewing it obsessively. Moreover, Bateman himself. erence—this, rather than the ‘‘legacy of the at least some of the people in his life were In the first place, or so at least closet,’’ would seem to be the ‘‘deeper mean- aware that he was deeply involved in pornog- Kornbluth’s essay makes clear, Bateman was ing’’ of the scandal at Exeter. raphy of some sort; the Vanity Fair piece it- a victim of his accuser, Michael Caven (alias Biased though it was in favor of Lane Bate- self cites at least two. But the question of Pappas). Caven, the reporter tells us, was a man, and much as it seemed to suggest that who knew what, and when, was mostly irrel- hustler, an alcoholic, a druggie. He exploited child pornography may be a victimless evant to Bateman’s criminal trial, which rich, older men (including, we are told, crime, the Vanity Fair piece at least stopped centered on four specific counts relating to Frank Caven, the successful owner of several short of endorsing either child pronography child pornography. That case rested largely gay bars who legally adopted his young sex or pedophilia per se. It is an amazing fact on a single witness named Michael Caven partner in a moment of drunken inspiration). that these omissions would come to seem (born Michael Pappas), a one-time student of In fact, throughout Kornbluth’s essay, not positively retrograde in light of an essay ap- Bateman’s from a high school on Long Island a kind or empathetic word appears for the pearing two and a half years later in yet an- who had now turned chief accuser and in- man who claimed to have been abused by other stylish, widely circulated magazine, formant. Bateman as a teenager. But there are, inter- the New Republic. Bateman denied Caven’s most damning estingly enough, many, many words from the A GOOD WORD FOR NAMBLA charges—that he had molested Caven from Pappas/Caven detractors, and Caven is de- The most overt attempt by a hip journal to the age of 16, and that he had taken porno- scribed by a former colleague in the bar busi- give pedophiles a place at the table came in graphic pictures of him as a legal minor. But ness as ‘‘a jerk and an egotist. He was media the form of a May 8, 1995, ‘‘Washington what Bateman could not deny was that in crazy . . . he loved to get his face in any rag Diarist’’ in the New Republic by Hanna the course of 1990 alone he had sent or given in town.’’ Bateman’s friends, he reports, Rosin entitled ‘‘Chickenhawk.’’ Ostensibly Caven more than 100 pornographic video ‘‘loathe’’ Michael Caven. ‘‘If he wanted to do inspired by a ‘‘riveting’’ documentary of the tapes, and that at least some of these tapes Lane a favor, he could have said, ‘Get help,’ ’’ same name about the North American Man- were child pornography. Bateman, for his one snaps, ‘‘Lane doesn’t deserve to have his Boy Love Association, ‘‘Chickenhawk’’ opens part, never denied having given Caven child life ruined.’’ with the following quote from the film’s pornography; he only denied having sent Second, or so it appears on this telling, star, a real-life pedophile named Leyland those particular tapes through the mail. Bateman was the victim of the ‘‘brutality’’ Stevenson: ‘‘He’s just like a flower in bloom. (‘‘I’m not totally stupid,’’ he explained at his and ‘‘frosty environment’’ of Exeter itself. He’s at that perfect stage, in which he is her- trial.) (This turn looks ironic, for under Kendra maphroditic. . . . He’s in that wonderful And there was more. According to a pre- O’Donnell, who was appointed principal in limbo between being a child and an adoles- sentencing memorandum submitted by the 1987, the school would seem to have entered cent—he’s certainly an adolescent, but he U.S. Attorney’s office, boys at Exeter had a progressive warming phase; it was under has that weird feminine grace about him.’’ been filmed in the showers and bedrooms O’Donnell, for example, that Exeter—which Stevenson, of course, is talking about a lit- without their knowledge, thanks to one of now boasts a Gay/Straight Alliance—invited tle boy. It is a quote intended to jolt the Bateman’s hidden cameras. ‘‘The boys,’’ the gay alumni to come and speak to the stu- reader, and no doubt for most readers it still memo noted, ‘‘are either wearing under- dents about their sexuality.) Surely Bate- does. Having already invited the reader to shorts, towels or nothing.’’ Also in the man’s firing was hypocritical; after all, we imagine a child as seen through the eyes of memo, according to the New York Times, are talking about Exonians, who in a pedophile, Rosin then proceeds to some- was the fact that Bateman spliced pieces of Kornbluth’s telling at least are a worldly- thing more avant-garde still: a chatty review the students’ tapes into pornographic films. wise and sexually sophisticated bunch. ‘‘The of man-boy love and of the North American ‘‘Mr. Bateman,’’ the Times reported, ‘‘dupli- idea that single male teachers might be ho- Man-Boy Love Association (whose informal cated tapes made by about 20 students for mosexual and ‘appreciate’ young men,’’ (he motto, as some readers may know, is ‘‘Eight class onto a master tape, giving each seg- writes of these preppies), ‘‘would not be a is too late’’). ment a name like ‘Blonde Zen Lad’ and ‘Belt soul-shattering revelation to Exeter stu- ‘‘Chickenhawk,’’ the author explains, ‘‘is Spanked.’’’ dents.’’ worth seeing’’ because it ‘‘succeeds, at least July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7527 partially, in making monsters human.’’ mund White. The author of a number of en- White makes a final attempt to get to the Though it may be true that Leyland Steven- thusiastically received novels—Forgetting bottom of it by interviewing an actual son is ‘‘every mother’s worst nightmare,’’ it Elena, A Boy’s Own Story, and The Beautiful pedophile in a bar in Boston. is also true—at least true according to Room is Empty—White has also had a bril- This man, the author coolly reports, ‘‘has Hanna Rosin—that Stevenson and his fellow liant career as an editor and essayist. He has a lover of twelve (he met him when the boy NAMBLA members have gotten an unneces- worked at Saturday Review and Horizon, was six).’’ Far from the voracious predator sarily bad rap. ‘‘There are no steamy orgies’’ been a contributing editor to Vogue and so feared by the general public, however, our in the documentary, she notes dryly, ‘‘or House and Garden, and written for publica- pedophile could scarcely appear more ethe- bound-up boys languishing in NAMBLA’s tions ranging from the New York Times real. He is ‘‘thirty-six, dressed in faded den- basement.’’ NAMBLA itself, she casually ex- Magazine to Christopher Street., In 1980, a ims, his face as innocent and mournful as plains, ‘‘functions mainly as a support group number of his pieces reflecting on post-lib- Petrouchka’s. His voice was breathy and for fantasizers, with the requisite forums for eration gay life were collected into yet an- light, his manner anxious and almost hum- victim-bonding.’’ Like members of any other other critically acclaimed book called States ble.’’ Lest there be any last doubt of this group united by common interests, its rank of Desire: Travels in Gay America. man’s suitability for polite company, White and file have their humdrum clubby mo- On account of its historical timing alone— erases it with the ultimate compliment. ‘‘I ments; they hold roundtables (where they the book amounts to a city-by-city celebra- was,’’ he writes candidly, ‘‘strongly at- ‘‘hug and share persecution stories’’), solicit tion of gay life published on the very eve of tracted to him.’’ There follows a conversation in which the subscriptions, exchange ‘‘bulletins.’’ Not the identification of AIDS—States of Desire amorous adventures of White’s pedophile are only are these activities benign, it seems, remains a fascinating and retrospectively fondly recounted. White asks how the man but their propriety is enforced by the club it- poignant sociological document. But it is a met his present ‘‘lover,’’ and the pedophile self. ‘‘Group policy,’’ we are assured, ‘‘strict- work that deserves to be remembered for replies: ‘‘At the beach. He was there with his ly forbids contact with live boys or even il- something else as well: It is probably the most critically acclaimed piece of reportage mother. He came over to me and started licit pictures on the premises.’’ talking. You see, the kids must make all the Next, Rosin praises NAMBLA’s ‘‘bravery.’’ in which the taboo against pedophilia has been examined at considerable length and moves.’’ In case that point has been missed, ‘‘After all,’’ she writes, ‘‘it is still heresy White reiterates it a few lines later, this even to consider the possibility of the legit- judged archaic—a judgment that moreover passed virtually without comment from time asking explicitly: ‘‘Did your friend take imacy of their feelings.’’ Today’s pedophiles, the sexual initiative with you?’’ ‘‘Abso- she reminds us, live in especially unfriendly White’s admiring critics. Throughout most of this reflection, White studiously keeps to lutely,’’ Petrouchka affirms, adding, ‘‘I’ve times. Politically, things could hardly be been into kids since I was twenty-two and in worse; witness the tough language on child an Olympian ‘‘on the one hand this, on the other hand that’’ rhetorical monologue—in every case the kids were the aggressors.’’ pornography in the Contract with America. ‘‘What do you two do in bed?’’ White next which one hand, as in most such monologues, Even President Clinton, she notes sarcasti- inquires. There follows a graphic description, cally, ‘‘was cowed into taking a courageous consistently manages to get the better of the which the pedophile concludes on a mournful stand against ‘softness on child pornog- other. note. For there is, as it turns out here, at Pedophilia, White asserts at the outset of raphy,’ ’’ Yet NAMBLA, despite it all, con- least one problem with man-boy love that this discussion, is ‘‘the most controversial tinues pluckily on: ‘‘keeping all their activi- most readers may not have anticipated: issue’’ in the lives of many in the gay move- ties above board’’—even publishing their namely, that the kids are too loving. New York phone number. ment. It is also, the reader is led to under- A second writer who has explicitly ad- Just as the grownups of NAMBLA turn out stand, a terribly complicated subject. As one dressed the matter of men and boys, this to be more innocent than one might expect, gay man—ostensibly not himself a time adolescents, is Larry Kramer, author of the boys, for their part, seem to be far more pedophile—puts it in words that the author the hugely celebrated AIDS play ‘‘The Nor- sophisticated. As Rosin reasons, ‘‘it might quotes approvingly, ‘‘There’s no way to an- mal Heart’’ and of an earlier novel called even be that a budding young stud had the swer it [the issue of pedophilia] without ex- ‘‘Faggots (1978),’’ one of the classics of the upper hand over the aging, overweight ploring it. We need information and time for post-liberation gay genre. The comparison loner.’’ And how old does a boy have to be, in deliberation. There are no clear answers— between Kramer and White is particularly the Rosin/NAMBLA view, to qualify for who would provide them?’’ useful insofar as the two authors differ White is willing to try. ‘‘Those who oppose ‘‘budding young stud’’ status? Sixteen? Four- markedly in a number of important ways. pedophilia,’’ he posits, ‘‘argues that the ‘con- teen? Twelve? No? Well, how about ten? Kramer’s authorial perspective, as well as sent’ or seeming cooperation of an eight- One NAMBLA member in his 20s, an entic- his political persona (he is a well-known ac- year-old is meaningless.’’ On the other hand, ing blond with slits for blue eyes, describes a tivist and co-founder of the New York Gay ‘‘those who defend pedophilia reply that chil- sexual experience he had with a karate in- Men’s Health Crisis), have made him some- dren are capable, from infancy on, of show- structor when he was 10. ‘‘I came on to him. thing of an anomaly in his chosen circles. ing reluctance.’’ Similarly, ‘‘critics of I knew what I was doing. I felt very empow- Between the 1970s and the dawn of AIDS, at pedophilia contend that children are easily ered. I felt I controlled the relationship, a time when most gay figures were proclaim- manipulated by adults—through threats, which is a good thing for a kid. It dispels the ing the joys of post-Stonewall ‘‘liberation,’’ through actual force, through verbal coer- belief that adults are always in power in Kramer, for his part, was nearly alone in em- cion, through money.’’ Here again, the other such relationships. You know, I led him phasizing its dark side. ‘‘Faggots,’’ for exam- side is allowed the last—and longest—word: around. I was the one in power.’’ ple—a controversial book then and now— ‘‘Champions of pedophilia (and many other Well, boys just want to have fun—or, as the concerns the plight of a man looking for ho- people) argue that children are already ex- New Republic seems to have it, just boys mosexual love in the hedonistic heyday of ploited by adults in our society—they are want to have fun. It is ‘‘plausible,’’ Rosin Manhattan and Fire Island. Kramer includes bullied by their parents, kept in financial muses, that ‘‘a teenage boy [emphasis added] a number of scenes in which older men drug, and legal subjugation, frequently battered. might agree to sex with an older man.’’ flatter, and seduce teenage boys. Most And they have little legal recourse in at- Similarly, though she notes approvingly prominent among these is a 16-year-old tempting to escape punitive adults. . . . that, for example, the age of consent in the named Timmy, who is initiated into the high They can’t vote, they can’t drink, they can’t Netherlands is twelve, she nowhere advo- life at a party by a series of experienced men run away, they can’t enter certain movie cates changing the age-of-consent laws for and finally ‘‘devoured’’ by ten at one time. theaters, they can’t refuse to go to school, girls. And she certainly shies away from sug- In the course of this brutal description—one they can’t disobey curfew laws—and they gesting that the figure of the ‘‘budding of several in the book involving adolescent can’t determine their own sexual needs and young stud’’ might be interchangeable with boys—Kramer repeatedly invokes the appeal preferences. Pedophiles find it ironic that that of a ‘‘budding young slut’’—a phrase of Timmy’s ‘‘beauty,’’ his ‘‘teenage skin,’’ our society should be so worked up over the whose appearance would surely have in- his status as ‘‘forbidden fruit.’’ One by one, issue of sexual exploitation of children and curred the wrath of a good many New Repub- the men at the party succumb to Timmy’s so unconcerned with all other (and possibly lic readers. ‘‘Chickenhawk’’ itself, interest- charms, including even the most macho of more damaging) forms of exploitation. If ingly enough, passed almost without com- them all (‘‘the Winston Man’’), who finds anything, the pedophiles argue, sex may be the ment from those same subscribers. himself ‘‘excited in a way that he has not one way in which children can win serious con- been since’’ high school. KIDS WANT TO PLEASE YOU sideration from adults and function with them Timmy’s fate in the course of the book, it Actually, these latest attempts to manage on an equal plane; if a child is your lover, you should be added, is not a happy one. Is Kra- a good word for pedophilia are not quite as will treat him with respect.’’ [emphasis added] mer implying that such is the price paid for au courant as they first appear. Similar And where does our narrator locate himself decadence, or is there tacit empathy in his themes have been floated for years by a num- between these camps? ‘‘I am not in the busi- depictions of Timmy’s many would-be ‘‘fa- ber of self-described, self-consciously gay ness of recommending guidelines for sex with thers’’? It is left to the reader to guess. Much writers—and not only by those on the cul- youngsters,’’ he writes coyly, for ‘‘I simply less ambiguous, at any rate, is the role tural fringe, but by several who have crossed haven’t gathered enough information about played by Timmy and other ‘‘youngsters’’ in over to the mainstream literary market. the various issues involved.’’ At the same the world that Faggots portrays. Perhaps the most prominent of these writ- time, though—or so the author insists—‘‘the Another celebrated gay author who ers is the acclaimed novelist and essayist Ed- question of sex with children remains’’; and broached the subject of sex with minors is H7528 CONGRESSIONAL RECORD — HOUSE July 12, 1996 the late Paul Monette. Monette’s 1988 book How did Kinsey and his team get away And there, to return to the figure of Larry Borrowed Time: An AIDS Memoir garnered a with it? ‘‘As we can see now,’’ wrote Tom Don McQuay, is where the matter of National Book Critics Circle Award nomina- Bethell in his excellent review of the Kinsey pedophilia chic would seem to stand. In one tion and was acclaimed by many as ‘‘one of facts for the May 1996 American Spectator, corner, enraged parents from across the the most eloquent works to come out of the ‘‘science had vast prestige at the time and country screaming for help in protecting AIDS epidemic’’ (USA Today). His 1992 book Kinsey exploited it. Any perversion could be their children; in the other, desiccated Becoming a Man: Half a Life Story won the concealed beneath the scientist’s smock and salonistes who have taken to wondering lan- National Book Award. It is in this volume the posture of detached observation.’’ guidly whether a taste for children’s flesh is that Paul Monette, like Edmund White be- Yet if Kinsey is now suffering a public dis- really so indefensible after all. And they fore him, puts forth what would once have robing, his intellectual heirs display their wonder why there’s a culture war. been a controversial thesis about the sexual researches still. For a final model of f wants of prepubescent boys. ‘‘Nine is not too pedophilia chic—this one tricked out with young to feel the tribal call,’’ he notes early all requisite charts, tables, models, and talk EDUCATION IN AMERICA of methodology—consider a volume pub- on while recollecting his own childhood ad- The SPEAKER pro tempore. Under ventures with a boy his age. ‘‘Nine and a half lished in 1993 by Prometheus Books. As its is old enough,’’ he repeats later, adding the name seems to suggest, Prometheus is a pub- the Speaker’s announced policy of May by-now familiar note that ‘‘for me at least, lishing house of cutting-edge aspiration, 12, 1995, the gentleman from Georgia it was a victory of innocence over a world of whose backlist reveals its focus on issues [Mr. NORWOOD] is recognized for 30 min- oppression.’’ like paranormal psychology, freethinking, utes. Several chapters later, while reminiscing and humanism. And, oh yes, a trans-Atlantic Mr. NORWOOD. Mr. Speaker, I come about an aborted affair he had with a high- exploration of the virtues of pederasty called before the House today to speak on the school student while teaching at a boarding Children’s Sexual Encounters with Adults: A future of our Nation—and that future school, Monette sounds another theme that Scientific Study, by a trio identified as C.K. is our children, and whether they will once would have been guaranteed to shock: Li (‘‘a clinical psychologist in Paisley, Scot- that of the predatory, empowered adolescent. land’’), D.J. West (‘‘Emeritus Professor of have the same opportunity to live the ‘‘Behind the gritted teeth of passion,’’ writes Clinical Criminology at Cambridge Univer- American dream that all the members the author of his first sexual encounter with sity’’), and T.P. Woodhouse (‘‘a criminologi- of this House have enjoyed in our life- a particular boy, ‘‘I heard the ripple of cal research worker in Ealing, England’’). times. laughter, so one of us must have been having Like our other pioneering looks at sex Since the 104th Congress was sworn fun. Must’ve been Greg, for I was too busy with kiddies, Children’s Sexual Encounters into office a year and a half ago, we feeding on sin and death to play.’’ with Adults is sexually biased, concentrating have debated the issue of how best to ‘‘It was Greg who always chose the time,’’ as it does on the ‘‘startling contrast’’ be- he continues, adding dramatically, ‘‘I stood tween boys and girls when it comes to sex provide for our children’s education. ready to drop whatever I was doing. . . . I with grownups. (‘‘Surveys,’’ as the authors That is good. We need discourse and lived in thrall to Greg’s unpredictable explain at some length, ‘‘find that on the hotly contested ideas from both side of needs.’’ whole boys are less likely than girls to expe- the aisle if we are to forge a bipartisan, That is not to say that Paul Monette, at rience bad effects attributable to sexual inci- hopefully even a nonpartisan plan for the time, felt himself relieved of responsibil- dents with adults.’’) It is not sexual contacts ensuring that every American has the ity for the affair—far from it. ‘‘If I am par- per se that pose problems for children, the ticular about the fact of being seduced—put- education necessary to not just sur- authors argue, but rather the cultural preju- vive, but to succeed in a global econ- ting it all on him, the will and the dare and dices by which most members of society then the control—it doesn’t mean I didn’t judge such acts. ‘‘The damaging effects on omy. feel the guilt. . . . I had become the thing children of intimate but non-penetrative But, Mr. Speaker, we cannot have the heteros secretly believe about everyone contacts with adults,’’ note the authors in a that needed discourse while the debate gay—a predator, a recruiter, an indoctrina- section on ‘‘cultural relativity,’’ ‘‘are clearly is fraught with distortions and politi- tor of boys into acts of darkness.’’ But this psychological rather than physical and to a cal rhetoric, and that is where we find self-recrimination, he goes on to reveal, was considerable extent dependent upon how simply false consciousness. For finally, ‘‘I ourselves today. So I would like to such situations are viewed in the society in begin by reviewing exactly what edu- don’t think that now. Twenty years of listen- which the child has been brought up.’’ ing to gay men recount their own adolescent Again, and as Hanna Rosin and NAMBLA cational reforms have been passed by seductions of older guys has put it all in a fans everywhere will appreciate, the study this House over the last 18 months. different light.’’ also emphasize the positive side of man-boy Under the Balanced Budget Act, total Have all these trial balloons just passed love for the boy in question. As one typical student loan volume was scheduled to without comment over the public head? One paragraph has it: grow from last year’s $24 to $36 billion of the few critics to have taken notice is ‘‘There is a considerable amount of evi- in 2002. That’s a 50-percent growth in Bruce Bawer, who in his 1993 book, A Place dence that some boys are quite happy in re- at the Table castigates Edmund White in spending. The school lunch program lationships with adult homosexual men so was approved for a 36-percent increase particular for his advocacy of man-boy sex. long as the affair does not come to light and Such radicalism, Bawer argues, is part of the cause scandal or police action. . . . The great over the same period, with the States twisted legacy of the closet—a legacy that majority [of boys in a 1987 study] came from allowed to run their lunchrooms with- has forced ‘‘subculture’’ writers like White apparently normal homes, but were pleased out Federal interference for the first to evermore in-your-face positions on ac- to have additional attention and patronage time in decades. count of their oppression by the rest of soci- from a devoted adult and willingly went The maximum annual Pell grant ety. along with his sexual requirements.’’ But writers have from time immemorial amount for low-income college stu- Parents everywhere will be relieved to dents was raised to the highest level in endured oppression—including jail time and learn that pedophiles themselves are not the execution—without leaping to the defense of predators of popular imaginings, but conge- history at $2,400 per student. pedophilia. And what kind of ‘‘oppression’’ is nial well-wishers much like Edmund White’s The House approved sweeping, and it, exactly, that confers fame, fortune, criti- alluring Petrouchka. ‘‘Men who approach long-needed reforms in the way inter- cal raves, national awards, and—in the case boys,’’ the social scientists write in conclu- est is calculated on some of the loans. of Edmund White—a Guggenheim fellowship sion, ‘‘are generally looking for what Under the proposed changes, no stu- and anointment as a Chevalier de l’Ordre des amounts to a love relationship.’’ Thus, ‘‘they Arts et Lettres? dent would have paid any interest on employ gradual and gentle persuasion. The their loans while they were still in PEDOPHILE SCIENCE average pederast is no more seeking a rape- school. But graduate students would Actually, even the likes of White were style confrontation than is the average het- being more derivative than they would ever erosexual when looking for a congenial adult have been required to pay back the in- like to believe. Hands down, if you’ll pardon partner . . .’’ terest that accrued on their loans the expression, the real big daddy of At a time when almost every kind of advo- while they were getting their graduate pedophilia chic could only be the long-dead cacy comes equipped with statistical bat- degrees, after they graduated and got Alfred C. Kinsey. As Judith A. Reisman and teries, it should come as no surprise that jobs. Edward W. Eichel point out in their 1990 pedophiles and their allies, too, have ac- At present, working-class Americans expose´ Kinsey, Sex and Fraud, ‘‘It is Kinsey’s quired their own pseudo-scientific apparatus. are forced to subsidize that accrued in- work which established the notion of ‘nor- Only the unsophisticated would be surprised terest for doctors, lawyers, and Ph.D. mal’ childhood sexual desire’’—a notion that, to find such a numerological polemic put for- as their book documents, was field-tested on ward by a reputable publishing house and ad- recipients. It is just not right for some- the bodies of hundreds of children, most of vertised in the Barnes and Noble book cata- one earning minimum wage to be pay- them boys, in ways that might today be con- log. But then, only the unsophisticated stand ing the loan cost for someone earning sidered imprisonable offenses. in need of the reeducation its pages offer. six-figures. The budget we passed last July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7529 year would have put an end to the $372 million in just 1 year. It duplicates Why the extraordinary fight over a practice, and saved our children $10 bil- other Federal efforts, creates a mul- program that could at most impact lion they would not have had to pay titude of new bureaucracies, but has no only 2 percent of students in a single back with interest. The demagogs in real impact on day-to-day learning. school district? Because the National Congress call this cutting. And the attempts of the program to re- Education Association decided to make As to the Direct Loan Program, the vise American history to reflect the this a litmus test. Their chief lobbyist budget would have brought that to a new politically correct themes of the told the Washington Post on February halt. Since the very inception of Fed- far-left have been so inflammatory 28 that ‘‘It is much bigger than D.C.’’ eral student aid, loans have success- they were voted down in the Senate by And when Washington’s NEA office fully been processed through private a 99-to-1 vote. So the new plan con- says ‘‘jump,’’ the Washington bureauc- lenders. It is amazing that while the tained not one penny for Goals 2000. racy says ‘‘how high?’’ Federal Government is doing every- The defenders of the failed status-quo The reason, as U.S. News and World thing possible to downsize and pri- in education have tried to convince the Report recently explained, is that—and vatize, and the President himself tells American people that Republicans I quote: us that the era of big Government is would undermine education by holding The NEA has wedded itself to the Demo- over in his State of the Union Address, down the massive spending increases cratic Party . . . teacher unions have used the Clinton administration continues that the Clinton administration had their resources to fight reform—and their re- to launch new big government pro- planned. But maybe they should in- sources are vast. The union’s palatial Wash- grams, seeking to federalize what is stead answer the question of why we ington, D.C. headquarters, renovated in 1991 at a cost of $52 million, is a testament to its now in the private sector. should spend more taxpayer money when our Federal dollars have failed to power in national politics. The union handed The education plan that passed this out $8.9 million to congressional candidates House last year would have made the achieve positive results, year after between 1989 and 1995, only a fraction of it to same student loans available from the year after year. Republicans. And the Clinton White House is same sources as they have been for the This plan to bring our educational ef- banking on the NEA playing a big role in past 30 years. forts into line with our ability to fund this year’s presidential campaign. For those who love to cry out against them, and with the level of achieve- According to the Education Policy mean-spirited Republican cuts, I’m ment of our programs, now sits in Institute, NEA and its related edu- proud to say that although there was limbo, vetoed by the President. cational PAC’s spend $40 million a year absolutely not one nickle of cuts in But the educational reforms in the on the national level lobbying for their Balanced Budget Act are not the only overall spending, there were, indeed agenda, 98 percent of which goes to efforts undertaken by this Congress to cuts in areas that badly needed cut- Democrats. And with a total budget of ting. The Head Start Program was slat- improve the way our children learn. A major battle in the effort took $1.2 billion a year, the amount of over- ed for a true 4-percent reduction in place just this spring here in Washing- all political impact this special inter- funding, which is well warranted, ac- ton, and most of the Nation missed it. est exerts on our children’s education cording to Head Start Founder Edward It was the latest round in the fight is beyond measure. Zeigler, who I quote: What these objections are really over over who has the ultimate authority is not the education of children. It is If 30 percent of the programs closed down, over a child’s education and future— there would be no great loss * * * Until the the parent or the Federal Government. over the billions spent every year on program has reached a certain level of qual- Federal allocations for education pro- ity, they shouldn’t put one more kid in it. This House provided funds for Wash- ington’s public schools to offer a small grams at dozens of Federal agencies. Indeed, over the last 6 years, Head pilot school choice program, that And billions ultimately find their way, Start enrollment has grown by 39 per- would allow about 2 percent of all directly and indirectly, into the coffers cent, while spending has increased 186 Washington, DC, school children to at- of the NEA and their members. The percent. That kind of out-of-control tend better schools, and then only if greatest fear of the NEA is that grant- spending has to stop, and the plan we local school board members choose to ing freedom to families to choose passed would have brought it to a use the plan. where their child is educated will cut screeching halt. For those students locked into at- off the flow of those funds, and their There were also real cuts in spending tendance at the worst public schools in ability to control the educational agen- for the U.S. Department of Education, the District, vouchers would be pro- da of the Nation. which would have taken an 11 percent vided to pay for transportation to al- As long as the liberal trend towards reduction in funding. Since it was cre- ternate public schools, or for transpor- federalization of our local schools con- ated in 1979, the Department of Edu- tation and tuition at private schools. tinue, the NEA’s feast on largesse at cation has spent $342 billion without The program, similar to one in Mil- the Federal trough will continue. Any any evidence the money has improved waukee and nearly two dozen other increase in parental or local control of education in any way. Even the liberal communities, was designed to give poor those funds stands diametrically op- Washington Post wrote in a December parents the same power and freedom of posed to their goal of dominating the editorial: ‘‘America’s schools are not education that rich parents have. It educational industry. noticeably better because a Depart- would have improved public schools by However, a clarification of how this ment of Education was created.’’ making them compete for students, debate is currently framed is badly Why hasn’t the Department of Edu- and most importantly, by giving stu- needed. Those on both sides of the issue cation helped improve our children’s dents the opportunity for a better qual- of school choice often make the same education? Because of simple econom- ity education. mistake. It is not an issue of public ics—you cannot take money from tax- Unfortunately, there are those here versus private education. It is a ques- payers across the country, send it to inside-the-beltway who are adamantly tion of how to provide the best edu- Washington, DC, then send it back to opposed to fairness and equality of op- cation possible for every child in this the States, and not lose most of the portunity. After stalling the D.C. budg- country. original money in the process. Accord- et for months over this single issue, As we face the educational challenges ing to the Congressional Research liberal Senate Democrats under pres- facing us in an era of global competi- Service, of every dollar we send to the sure from President Bill Clinton voted tion, we can no longer afford the illu- Department of Education here in Wash- to filibuster the bill, which prevented sion that we have competing school ington, only 23 cents ever finds it’s way it from even coming to the floor for a systems. We have one educational sys- back to our local schools. That’s not vote. The White House announced it tem in America, and it includes public, efficient, and that’s not how to com- would have vetoed the entire bill over private, and home schooling, and we pete in a global economy. this tiny pilot project, even though the have to maintain the openmindedness Now, there is one program that is District’s local political leaders begged to rethink our approach on a child-by- eliminated entirely under the balanced for passage. The White House, liberal child level. budget plan—Goals 2000. That program Senate Democrats, and the NEA won, For most of our Nation’s children, has skyrocketed in cost from $87 to and Washington’s schoolchildren lost. public education provides a quality H7530 CONGRESSIONAL RECORD — HOUSE July 12, 1996 learning experience with a multitude $204 million for Clinton’s Americorps That would mean free college for of resources often not found in smaller volunteer program that is costing us every child who can pass the courses, private schools or a home schooling en- nearly $30,000 a year per volunteer. not just as undergraduates, but vironment. Those children will likely, Another $42 million for Volunteers in through the doctoral level including and should, continue in their current Service in America. medical and law school. And not just schools even if vouchers are available. $71 million for the Foster Grand- tuition, but dormitories and meals, But for many disadvantaged youth parent Program. rooms, books, lab fees, research, field trapped in inner-city schools overrun $10 million for the Inexpensive Book trips, everything. And this absolutely with drugs and violence, the ability to Distribution Program—which is an revolutionary, quantum leap forward, have a choice would, with absolute cer- oxymoron if one ever existed. could be funded with what we are al- tainty, greatly improve their ability to $48 million for the National Center of ready spending. learn. Education Statistics. Now take a long hard look at that $8 million for the National Education And for children with special needs list of where that money goes now. Dissemination System. or talents, the ability to choose both Comparing the options, which do you $311 million for bilingual and immi- public and private alternate schools, or think will help our children best pre- home schooling, would allow them to grant education. $86 million for Educational Research pare for a global, high technology econ- progress far beyond the level of our omy in the 21st century? ‘‘one-size-fits-all’’ current policy. and Development. $1 million for the Institute of Inter- I implore my friends on both sides of All this is representative of just how the aisle to stand up against the spe- distorted the debate over education has national Public Policy. cial interests, face the future with become. Instead of focusing on improv- $16 million for National AIDS Edu- courage and an open mind instead of ing our children’s learning levels, suc- cation and Training Centers. fear, and join the fight to bring our cess is measured by programs and dol- $180 million for Family Planning schools out of the failed ways of the lars spent, and by squashing reforms Services. $18 million for overseas schools and past, and into a future that is limited that threaten the monopoly held by colleges. only by our ability to see it. powerful special interest groups. It’s a And this is just the tip of the iceberg. Mr. Speaker, it’s time to make edu- debate that I hope changes this year. Mr. Speaker, we need to shift the Now, to be sure, there are some very cation be about our children again—in- focus of Federal education policy back worthwhile expenditures included in stead of just about supporting bureauc- to parents, communities, and States— the totals, such as funding for our Na- racy. tion’s military academies, along with in that order. We need to encourage re- f form efforts like school choice. And research grants to colleges and univer- sities from which we derive direct ben- most importantly, we hope that when LEAVE OF ABSENCE our efforts are done, children will begin efits in many areas of our lives. By unanimous consent, leave of ab- to learn again in even the poorest and But imagine what we could do to im- sence was granted to: most disadvantaged school districts. prove our children’s education if we re- Meanwhile, both the President and turned this fortune to our local Mr. FIELDS of Louisiana (at the re- the Vice President continue to send schools. quest of Mr. GEPHARDT) for today, on their children to private schools in- If my home State of Georgia’s share account of official business. stead of the District of Columbia pub- is calculated on the same percentage as Mr. HALL of Ohio (at the request of lic school system, in spite of denying the formula agreed on for Medicaid Mr. GEPHARDT) for today, on account of that same choice for thousands of poor funding by the Nation’s 50 governors, a death in the family. children in the same city. including Georgia’s Democratic Gov- Mr. ENSIGN (at the request of Mr. But Mr. Speaker, we need to be will- ernor Zell Miller for my friends on the ARMEY) for today, on account of per- ing to look beyond the issue of just other side of the aisle, this comes to an sonal reasons. school choice, and into what our States astounding $3.16 billion a year in edu- Mr. FLANAGAN (at the request of Mr. and communities can accomplish if we cation money for Georgia. And I be- ARMEY) for today, on account of at- return real educational freedom to this lieve my colleagues from both parties tending funerals. will find the following amazing sce- land. For the last 30 years, we have f seen our educational system decline, to nario would ring true for their States a point that many Americans are los- as well as Georgia. SPECIAL ORDERS GRANTED ing hope that their children will have a Bill Alred, statistical analyst for the future. But if we are just willing to Georgia Department of Education in By unanimous consent, permission to cast aside the political blinders, we Atlanta, says Georgia school systems address the House, following the legis- will find that we have an unlimited op- spend a grand total of $5.3 billion on lative program and any special orders portunity to bring real improvement to grades Pre-K through 12 in fiscal year heretofore entered, was granted to: our Nation’s schools. 1994, the last year for which full statis- (The following Members (at the re- For the last year the House Eco- tics are available. If we kept the money quest of Ms. ROYBAL-ALLARD) to revise nomic and Educational Opportunities at home instead of sending it to Wash- and extend their remarks and include Committee has been trying to deter- ington, we could cover nearly 60 per- extraneous material:) mine just how much, and where, the cent of the total cost of elementary Ms. DELAURO, for 5 minutes, today. Federal government has been spending and secondary education in Georgia. Ms. ROYBAL-ALLARD, for 5 minutes, on education. What we have discovered Even more astounding is the impact today. is beyond belief. the Federal spending could have on our Mr. WISE, for 5 minutes, today. Last year, 39 separate agencies of the Georgia colleges and universities. Mr. PALLONE, for 5 minutes, today. Federal Government were allocated Roger Mosshard, assistant vice chan- (The following Members (at the re- over $120 billion for at least 763 edu- cellor of budgets with the Georgia quest of Mr. ROHRABACHER) to revise cation programs. And the nonpartisan State Board of Regents, says Georgia’s and extend their remarks and include Congressional Research Service told us university system took in around $2.5 extraneous material:) they believe there are probably several billion last year from all sources, in- Mr. WOLF, for 5 minutes, today. hundred more programs that they have cluding tuition fees; payments for Mr. BURTON, for 5 minutes, today. yet to find. room and books; Federal, State, and Mr. ROHRABACHER, for 5 minutes, And what are some of the things that private grants; and direct funding. today. we are spending this educational If we kept the Federal spending at Mr. HOKE, for 5 minutes, today. money on today? home, Georgia could fund its entire (The following Member (at his own $3 million for the Intergovernmental university system with over $500 mil- request) to revise and extend his re- Climate Program. lion to spare, and I think that many of marks and include extraneous mate- $1 billion for the Labor Department’s you would find the same true in your rial:) Job Corps Training Programs. State. Mr. RIGGS, for 5 minutes, today. July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7531 EXTENSION OF REMARKS As I listen to the dire predictions, God’s name could a question like this By unanimous consent, permission to the ‘‘sky is falling’’ rhetoric and hate- be divided along partisan lines. There revise and extend remarks was granted ful pronouncements, I am reminded of is nothing inherently partisan that I to: one of the greatest declarations in our know of about sexual orientation. I do (The following Members (at the re- Nation’s history: We have nothing to not believe that there is some kind of quest of Ms. ROYBAL-ALLARD) and to fear but fear itself. We have nothing to a misdivision of this question between include extraneous matter:) fear, Mr. Chairman. Same-sex marriage the aisles, and yet there is a strange Mr. SERRANO. is legal in no jurisdiction in the United imbalance here in the debate and the Mr. JACKSON of Illinois. States. We have nothing to fear. tone and quality of the debate. Mrs. MALONEY. The Hawaii case, Bare versus Lewin I want to salute some of the folks Mr. ORTIZ. decided 3 years ago and making its way who have spoken over here, the distin- Mr. STARK. through the appeals process, will not guished gentleman from Georgia. We Mr. SCHUMER. be finally resolved for some time. have talked about this before. I Mr. JACOBS. There is no crisis. We have nothing to marched, although he did not know it Mr. MENENDEZ. fear. Eleven States have already in- at the time, with him in 1963 in the Mr. HINCHEY. voked their unquestioned power and city with Dr. King. I was about as far Mr. MATSUI. enacted laws, objected to same-sex from Dr. King as I am from the gen- Mr. BENTSEN. marriage. There is no need for new tleman from Georgia when he delivered (The following Members (at the re- laws. We really have nothing to fear. that extraordinary speech. quest of Mr. ROHRABACHER) and to in- Loving, long-term relationships be- Two years later I marched, although clude extraneous matter:) tween men and women or between the gentleman did not know it, behind Mr. DIAZ-BALART. same-sex couples do not threaten our him from Selma to Montgomery. A few Mr. ENGLISH of Pennsylvania. children, our families or our commu- years after that, when it was the first Mr. QUINN. nities. On the contrary, stable relation- march for gay and lesbian rights in Mr. ENSIGN. ships enhance society’s ability to raise Washington in 1979, I was a Member of Mr. GUNDERSON. healthy, engaged, and productive citi- Congress too damn frightened to march Mr. COLLINS of Georgia. zens. There is no problem. We have for my own civil rights. Actually, I Mr. ALLARD. nothing to fear but fear itself. changed my jogging path so that I Mr. SCARBOROUGH, in three instances. Many Members of this Chamber are could come within view of the march. I Mr. SHAW. simply afraid to face the changes that thought that was very brave of me at Mr. BILIRAKIS. are taking place in our society. We the time. Mr. HASTERT. cannot run away from change, Mr. But what I know is, because I had f Chairman. We cannot embrace fear and heard people like the gentleman from scare tactics as society advances and Georgia and because I am of the gen- BILLS PRESENTED TO THE eration, and there were many, who evolves. We have a responsibility to PRESIDENT were inspired by Dr. King is that this represent all Americans, as Members of Mr. THOMAS, from the Committee is, as someone has said, the last unfin- the House of Representatives. Let us on House Oversight, reported that that ished chapter in the history of civil not be guided by prejudice, ignorance, committee did on this day present to rights in this country, and I know how and fear. Let us not use a segment of the President, for his approval, bills of it is going to come out. I do not know our population to employ a political the House of the following titles: if I am going to live to see the ending, strategy for this election year. Let us but I know what the ending is going to H.R. 419. An act for the relief of Bench- act with compassion, strengthen vi- mark Rail Group, Inc, and be. There is, as the gentleman said be- sion. H.R. 701. An act to authorize the Secretary fore me change, there has always been We have nothing to fear but fear, Mr. of Agriculture to convey lands to the city of change. Rolls, Missouri. Chairman. Oppose this bill. As I observed earlier, the men who Mr. FRANK of Massachusetts. Mr. (The following Members (at the re- wrote the Constitution, to which we all Chairman, to close for our side, I yield quest of Mr. NORWOOD) and to include swear our oath here, many of them extraneous matter:) my remaining time to the gentleman owned slaves. Slavery was referred to from Massachusetts [Mr. STUDDS], my Mr. MCINTOSH, in two instances. specifically in the Constitution. People friend and colleague. Mr. TATE. of color were property when this coun- (Mr. STUDDS. asked and was given Mr. BLUTE. try was founded. permission to revise and extend his re- Mr. MCDERMOTT. f Mr. FARR in California. marks.) Mr. PASTOR. Mr. STUDDS. Mr. Chairman, some- ADJOURNMENT Mr. TORRES. body may wonder why I or my col- Mr. NORWOOD. Mr. Speaker, I move Mr. MURTHA. league from Massachusetts [Mr. that the House do now adjourn. Mrs. CLAYTON. FRANK] have not taken greater per- The motion was agreed to; accord- Mr. HOKE. sonal umbrage at some of the remarks ingly (at 4 o’clock and 47 minutes p.m.) Mr. VENTO. here. I was thinking a moment ago under its previous order, the House ad- Mr. FIELDS of Texas. that there might even be grounds to re- journed until Tuesday, July 16, 1996, at Mr. SCHUMER. quest that someone’s words be taken 10:30 a.m. for morning hour debates. Mr. KOLBE. down because my relationship, that of f Ms. JACKSON-LEE of Texas. the gentleman from Massachusetts EXECUTIVE COMMUNICATIONS, f and, I suspect, others in the House, was referred to, among other things, I be- ETC. OMISSION FROM THE RECORD lieve, as perverse. Surely if we had used Under clause 2 of rule XXIV, execu- The following was inadvertently those terms in talking about anyone tive communications were taken from omitted from the RECORD of Thursday, else around here, we would have been the Speaker’s table and referred as fol- July 11, 1996, at Page H7447. sat down in one heck of a hurry. lows: Mr. CANADY of Florida. Mr. Chair- I am not taking this personally, be- 4118. A letter from the Assistant to the man, I reserve the balance of my time. cause I happen to be able, I hope, to Board, Federal Reserve System, transmit- Mr. FRANK of Massachusetts. Mr. put this in some context. I would ask ting the Board’s final rule—Management Of- Chairman, I yield 2 minutes to the gen- those, anyone listening to this debate ficial Interlocks Docket Number R–0907—re- ceived July 11, 1996, pursuant to 5 U.S.C. tlewoman from California [Ms. WA- this hour of the morning, to listen 801(a)(1)(A); to the Committee on Banking TERS carefully to the quality and the tone of ]. and Financial Services. Ms. WATERS. Mr. Chairman, I rise in the words over here and the quality of 4119. A letter from the Assistant Secretary, strong opposition to the so-called De- the tone of the words over here. I Department of Education, transmitting no- fense of Marriage Act. would also ask people to wonder how in tice of final priority for school-to-work H7532 CONGRESSIONAL RECORD — HOUSE July 12, 1996 urban/rural grants using fiscal year [FY] 1995 4129. A letter from the Acting Director, De- form management of livestock grazing on funds, pursuant to 20 U.S.C. 1232(f); to the fense Security Assistance Agency, transmit- Federal land, and for other purposes; with an Committee on Economic and Educational ting notification of a cooperative agreement amendment (Rept. 104–674, Pt. 1). Referred to Opportunities. between the United States and Israel for the Committee of the Whole House on the 4120. A letter from the Administrator, En- technology research and development State of the Union. ergy Information Administration, transmit- projects [TRDP] (Transmittal No. 14–96) re- Mr. CLINGER: Committee on Government ting the Administration’s report entitled ceived July 12, 1996, pursuant to 22 U.S.C. Reform and Oversight. H.R. 3586. A bill to ‘‘Uranium Purchases Report 1995,’’ pursuant 2767(f); to the Committee on International amend title 5, United States Code, to to 42 U.S.C. 2296b–5; to the Committee on Relations. strengthen veterans’ preference, to increase Commerce. 4130. A letter from the Acting Director, De- employment opportunities for veterans, and 4121. A letter from the Director, Office of fense Security Assistance Agency, transmit- for other purposes; with an amendment Regulatory Management and Information, ting notification concerning the Department (Rept. 104–675). Referred to the Committee of Environmental Protection Agency, transmit- of the Air Force’s proposed Letter(s) of Offer the Whole House on the State of the Union. ting the Agency’s final rule—Approval and and Acceptance [LOA] to Greece for defense f Promulgation of Implementation Plans; articles and services (Transmittal No. 96–57), California State Implementation Plan Revi- pursuant to 22 U.S.C. 2776(b); to the Commit- PUBLIC BILLS AND RESOLUTIONS sion, El Dorado County Air Pollution Con- tee on International Relations. trol District, Placer County Air Pollution 4131. A letter from the Comptroller General Under clause 5 of rule X and clause 4 Control District, and Ventura County Air of the United States, transmitting a report of rule XXII, public bills and resolu- Pollution Control District (FRL–5464–6) re- entitled, ‘‘Financial Audit: Examination of tions were introduced and severally re- ceived July 12, 1996, pursuant to 5 U.S.C. IRS’ Fiscal Year 1995 Financial Statements’’ ferred as follows: 801(a)(1)(A); to the Committee on Commerce. (GAO/AIMD–96–101) July 1996, pursuant to 31 By Mr. BUYER: 4122. A letter from the Director, Office of U.S.C. 9106(a); to the Committee on Govern- H.R. 3799. A bill to amend title 49, United Regulatory Management and Information, ment Reform and Oversight. States Code, to exclude not-for-hire trans- Environmental Protection Agency, transmit- 4132. A letter from the Chair, Federal Sub- portation of agriculture production mate- ting the Agency’s final rule—Approval and sistence Board, transmitting the Board’s rials from regulation under the Hazardous Promulgation of Air Quality Implementa- final rule—Subsistence Management Regula- Materials Transportation Act; to the Com- tion Plans; Illinois: Motor Vehicle Inspec- tions for Public Lands in Alaska, Subpart C mittee on Transportation and Infrastruc- tion and Maintenance (FRL–5532–3) received and Subpart D—1996–1997 Subsistence Taking ture. July 12, 1996, pursuant to 5 U.S.C. of Fish and Wildlife Regulations (RIN: 1018– By Mr. WAMP: 801(a)(1)(A); to the Committee on Commerce. AD42) received July 12, 1996, pursuant to 5 H.R. 3800. A bill to amend the Federal Elec- 4123. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on Re- tion Campaign Act of 1971 to prohibit politi- Regulatory Management and Information, sources. Environmental Protection Agency, transmit- 4133. A letter from the Assistant Attorney cal action committees from making con- ting the Agency’s final rule—Approval and General, Department of Justice, transmit- tributions or expenditures for the purpose of Promulgation of Implementation Plans; Ten- ting the Department’s annual report on the influencing elections for Federal office, and nessee: Approval of Revisions to the Ten- Asset Forfeiture Program fiscal year 1994, for other purposes; to the Committee on nessee SIP Regarding Construction Permits pursuant to 28 U.S.C. 524(c)(6)(A); to the House Oversight. and Volatile Organic Compounds (FRL–5533– Committee on the Judiciary. By Mr. KLECZKA (for himself and Mr. 5) received July 12, 1996, pursuant to 5 U.S.C. 4134. A letter from the Assistant Secretary SENSENBRENNER): 801(a)(1)(A); to the Committee on Commerce. of Defense for Force Management Policy, De- H.R. 3801. A bill to amend the Internal Rev- 4124.A letter from the Director, Office of partment of Defense, transmitting the De- enue Code of 1986 to provide that the furnish- Regulatory Management and Information, partment’s report on the Civilian Separation ing of recreational fitness services by tax-ex- Environmental Protection Agency, transmit- Pay Program, pursuant to 5 U.S.C. 5597 note; empt hospitals shall be treated as an unre- ting the Agency’s final rule—Approval and jointly, to the Committees on National Secu- lated trade or business and that tax-exempt Promulgation of Air Quality Implementa- rity and Government Reform and Oversight. bonds may not be used to provide facilities tion Plans; Washington: Revision to the 4135. A letter from the Administrator, Fed- for such services; to the Committee on Ways State Implementation Plan Vehicle Inspec- eral Aviation Administration, transmitting and Means. tion and Maintenance Programs (FRL–5514– the Administration’s report on the research By Mr. TATE (for himself, Mr. HORN, 4) received July 12, 1996, pursuant to 5 U.S.C. program on Quiet Aircraft Technology for Mrs. MALONEY, and Mr. PETERSON of 801(a)(1)(A); to the Committee on Commerce. Propeller-Driven Airplanes and Rotorcraft, Minnesota): 4125. A letter from the Director, Office of pursuant to Public Law 103–305 section 308(a) H.R. 3802. A bill to amend section 552 of Regulatory Management and Information, (108 Stat. 1593); jointly, to the Committees title 5, United States Code, popularly known Environmental Protection Agency, transmit- on Transportation and Infrastructure and as the Freedom of Information Act, to pro- ting the Agency’s final rule—Approval and Science. vide for public access to information in an Promulgation of Implementation Plans and 4136. A letter from the Railroad Retire- electronic format, and for other purposes; to Designation of Areas for Air Quality Plan- ment Board, transmitting a report on the ac- the Committee on Government Reform and ning Purposes; State of Louisiana; Correc- tuarial status of the Railroad Retirement Oversight. tion of Classification; Approval of the Main- System, including any recommendations for By Mr. BARTON of Texas (for himself, tenance Plan; Redesignation of Pointe financing changes, pursuant to 45 U.S.C. 321f– Mr. GOODLING, Mr. CLAY, Mr. ED- Coupee Parish to Attainment for Ozone 1; jointly, to the Committees on Transpor- WARDS, Mr. LAUGHLIN, Mr. BONILLA, (FRL–5531–4) received July 12, 1996, pursuant tation and Infrastructure and Ways and Mr. BEREUTER, Mr. FIELDS of Texas, to 5 U.S.C. 801(a)(1)(A); to the Committee on Means. Mr. MONTGOMERY, Mr. ACKERMAN, Commerce. f Mr. PETE GEREN of Texas, Mr. WIL- 4126. A letter from the Acting Director, De- SON, Mr. WATTS of Oklahoma, Mr. fense Security Assistance Agency, transmit- REPORTS OF COMMITTEES ON GREENWOOD, Mr. BOEHLERT, Mr. EHR- ting notification concerning the Department PUBLIC BILLS AND RESOLUTIONS LICH, Mr. GONZALEZ, Mr. WELLER, Mr. FROST, Mr. BENTSEN, Mr. DE LA of the Navy’s proposed Letter(s) of Offer and Under clause 2 of rule XIII, reports of Acceptance [LOA} to Japan for defense arti- GARZA, Mr. SAM JOHNSON, Mr. SKEEN, cles and services (Transmittal No. 96–55), committees were delivered to the Clerk Mr. STENHOLM, Mr. TEJEDA, Mr. pursuant to 22 U.S.C. 2776(b); to the Commit- for printing and reference to the proper BATEMAN, Mrs. JOHNSON of Connecti- tee on International Relations. calendar, as follows: cut, Mr. GREEN of Texas, Mr. HALL of 4127. A letter from the Acting Director, De- Mr. LIVINGSTON: Committee on Appro- Texas, Mr. KING, Mr. THORNBERRY, fense Security Assistance Agency, transmit- priations. Report on the revised subdivision Mrs. VUCANOVICH, Mr. SMITH of ting notification concerning the Department of budget totals for fiscal year 1997 (Rept. Texas, Mr. COMBEST, Mr. CHAPMAN, of the Navy’s proposed Letter(s) of Offer and 104–672). Referred to the Committee of the Mr. BREWSTER, Mr. PORTMAN, Mr. Acceptance [LOA] to Spain for defense arti- Whole House on the State of the Union. BRYANT of Texas, Mr. SISISKY, Mr. cles and services (Transmittal No. 96–56), Mr. YOUNG of Alaska: Committee on Re- BARRETT of Nebraska, Mr. COLEMAN, pursuant to 22 U.S.C. 2776(b); to the Commit- sources. H.R. 3249. A bill to authorize appro- Mr. PACKARD, Mrs. KELLY, Mr. tee on International Relations. priations for a mining institute to develop STOKES, Mr. LINDER, and Mr. LIPIN- 4128. A letter from the Acting Director, De- domestic technological capabilities for the SKI): fense Security Assistance Agency, transmit- recovery of minerals from the Nation’s sea- H.R. 3803. A bill to authorize funds for the ting notification concerning the Department bed, and for other purposes; with amend- George Bush School of Government and Pub- of the Army’s proposed Letter(s) of Offer and ments (Rept. 104–673). Referred to the Com- lic Service; to the Committee on Economic Acceptance [LOA] to Greece for defense arti- mittee of the Whole House on the State of and Educational Opportunities. cles and services (Transmittal No. 96–58), the Union. By Mr. BONO: pursuant to 22 U.S.C. 2776(b); to the Commit- Mr. YOUNG of Alaska: Committee on Re- H.R. 3804. A bill to remove the restriction tee on International Relations. sources. S. 1459. An act to provide for uni- on the distribution of certain revenues from July 12, 1996 CONGRESSIONAL RECORD — HOUSE H7533

the Mineral Springs parcel to certain mem- By Mr. JEFFERSON: H.R. 3706: Mr. SANDERS. bers of the Agua Caliente Band of Cahuilla H.R. 3813. A bill to authorize the Secretary H.R. 3714: Mrs. JOHNSON of Connecticut, Indians; to the Committee on Resources. of Transportation to issue a certificate of Mr. BALDACCI, and Mr. NEAL of Massachu- By Mr. BRYANT of Tennessee (for him- documentation with appropriate endorse- setts. self, Mr. CONYERS, Mr. WHITFIELD, ment for employment in the coastwise trade H.R. 3732: Mr. EHLERS. Mr. MANTON, and Mr. LARGENT): for the vessel Sea Sister; to the Committee on H.R. 3745: Mr. HOSTETTLER and Mr. ACKER- H.R 3805. A bill to establish procedures and Transportation and Infrastructure. MAN. remedies governing the relocation of certain f H.R. 3753: Mr. DURBIN and Mr. POMEROY. professional sports teams, and for other pur- poses; to the Committee on the Judiciary, ADDITIONAL SPONSORS H.R. 3757: Ms. SLAUGHTER. H.R. 3760: Ms. GREENE of Utah, Mr. and in addition to the Committee on Com- Under clause 4 of rule XXII, sponsors merce, for a period to be subsequently deter- BALLENGER, Mr. RIGGS, Mr. LIVINGSTON, Mr. mined by the Speaker, in each case for con- were added to public bills and resolu- FOX, Mr. KOLBE, Mr. WELDON of Pennsylva- sideration of such provisions as fall within tions as follows: nia, Mr. WALKER, Mr. ENGLISH of Pennsylva- the jurisdiction of the committee concerned. H.R. 188: Mr. JOHNSTON of Florida. nia, and Mr. CAMP. By Mr. MARTINEZ (for himself, Mr. H.R. 721: Mr. PALLONE. H.R. 3766: Mr. BEREUTER and Mr. PALLONE. KILDEE, and Mr. SCOTT): H.R. 773: Mr. GILCHREST. H.R. 3775: Mr. SOUDER, Mr. COMBEST, Mr. H.R. 3806. A bill to extend and amend the H.R. 820: Mr. PORTER, Mr. HAYES, Mrs. DAVIS, Mr. BRYANT of Tennessee, Mr. QUIL- programs under the Runaway and Homeless KENNELLY, Mr. LIVINGSTON, and Mrs. COLLINS LEN, Mr. WOLF, Mr. GREEN of Texas, Mr. Youth Act, to consolidate authorities for of Illinois. FUNDERBURK, and Mr. COBLE. programs for runaway and homeless youth, H.R. 1100: Mr. LIPINSKI and Mr. HINCHEY. H.R. 3783: Mr. WELLER, Mr. FOLEY, Mr. H.R. 1127: Mrs. MYRICK. and for other purposes; to the Committee on MOORHEAD, Mr. BROWNBACK, Mr. DUNCAN, Mr. H.R. 1591: Mr. VISCLOSKY, Mr. MENENDEZ, Economic and Educational Opportunities. MANZULLO, Mr. VOLKMER, Mr. HERGER, Mr. and Mr. COYNE. By Mr. MCDERMOTT (for himself, Mr. SOLOMON, and Mr. SKEEN. GIBBONS, Mr. RANGEL, Mr. STARK, Mr. H.R. 2011: Ms. PRYCE, Mr. FLAKE, Mr. HAST- H.R. 3798: Mr. FLAKE, Mr. RAHALL, and Mr. MATSUI, Mrs. KENNELLY, Mr. COYNE, INGS of Florida, and Mr. GUTIERREZ. CLAY. Mr. LEWIS of Georgia, and Mr. NEAL H.R. 2065: Ms. DELAURO. H.J. Res. 26: Mr. TIAHRT. of Massachusetts): H.R. 2209: Mr. VOLKMER and Mrs. COLLINS H.R. 3807. A bill to amend the Internal Rev- of Illinois. H. Con. Res. 83: Ms. FURSE. enue Code of 1986 to allow penalty-free with- H.R. 2472: Mr. TOWNS and Ms. MCCARTHY. H. Con. Res. 180: Mr. SKELTON, Mr. GRA- drawals from certain retirement plans dur- H.R. 2697: Mrs. LOWEY. HAM, Mr. WATTS of Oklahoma, Mr. SOLOMON, ing periods of unemployment; to the Com- H.R. 2748: Mr. FILNER, Mr. CARDIN, Mr. Mr. MCNULTY, Mr. KING, Mr. HORN, Mr. LI- mittee on Ways and Means. COYNE, Mr. BREWSTER, Ms. DANNER, Mr. PINSKI, Mr. ENGLISH of Pennsylvania, and By Mr. MOORHEAD (for himself, Mr. YATES, and Mr. KENNEDY of Massachusetts. Mrs. KELLY. HYDE, Mrs. SCHROEDER, and Mr. CON- H.R. 2807: Mr. JEFFERSON, Mr. BACHUS, and H. Res. 399: Ms. FURSE. YERS): Mr. ANDREWS. H. Res. 464: Mr. GILMAN. H.R. 3808. A bill to establish the Intellec- H.R. 2900: Mr. YOUNG of Alaska, Mrs. MEY- ERS of Kansas, and Mr. FROST. tual Property Assembly of the Americas and f to provide for participation in the assembly H.R. 2911: Mr. FAWELL. by the U.S. Delegation; to the Committee on H.R. 2960: Mrs. JOHNSON of Connecticut. International Relations. H.R. 2976: Mrs. MYRICK and Mr. WELLER. DISCHARGE PETITIONS— By Mr. PALLONE (for himself, Mr. H.R. 3000: Mr. PARKER, Mr. DE LA GARZA, ADDITIONS OR DELETIONS WYNN, Mr. KLUG, Mr. CANADY, and Mr. LARGENT, Mr. BROWN of Ohio, Mr. EVANS, Mr. PORTER): and Ms. GREENE of Utah. The following Members added their H.R. 3809. A bill to improve the ability of H.R. 3077: Mr. FATTAH and Mr. BARRETT of names to the following discharge peti- the U.S. Government to collect debts owed Wisconsin. tions: to it, and for other purposes; to the Commit- H.R. 3142: Mr. PAYNE of Virginia, Mr. Petition 12 by Mrs. SMITH of Washington tee on the Judiciary, and in addition to the FRELINGHUYSEN, and Mr. NEAL of Massachu- on House Resolution 373: Tom Johnson, and Committee on Ways and Means, for a period setts. Thomas C. Sawyer. to be subsequently determined by the Speak- H.R. 3187: Mr. ACKERMAN, Mr. ANDREWS, er, in each case for consideration of such pro- Ms. DANNER, Mr. LIPINSKI, Mr. POSHARD, Mr. Petition 13 by Mr. CONDIT on House Reso- visions as fall within the jurisdiction of the FATTAH, and Mrs. COLLINS of Illinois. lution 443: Wally Herger, Phil English, John committee concerned. H.R. 3201: Mr. MEEHAN, Mr. FRANKS of New N. Hostettler and Richard W. Pombo. By Mr. ROSE: Jersey, Mr. FRANK of Massachusetts, Ms. Petition 14 by Mr. TANNER on House Res- H.R. 3810. A bill to provide for the recogni- NORTON, Mr. SALMON, Mr. HUNTER, Mr. KIM, olution 425: Charles W. Stenholm, Bart Gor- tion of the Lumbee Tribe of North Carolina, and Mr. DUNCAN. don, Glen Browder, Gene Taylor, Collin C. and for other purposes; to the Committee on H.R. 3246: Mr. CUMMINGS. Peterson, Scotty Baesler, James A. Hayes, Resources. H.R. 3250: Mr. LAHOOD. Vic Fazio, George Miller, Martin Olav Sabo, By Mr. SHADEGG: H.R. 3351: Mr. BROWN of Ohio. and Barbara B. Kennelly. H.R. 3811. A bill to provide incentives for H.R. 3393: Mr. MORAN. the conservation and recovery of endangered H.R. 3401: Mr. LOBIONDO, Mr. WATT of f species; to the Committee on Resources. North Carolina, Mr. HAYWORTH, Mr. CAL- By Mr. SMITH of New Jersey (for him- VERT, Mr. JEFFERSON, and Ms. MOLINARI. self, Mr. HYDE, Mr. LANTOS, Mr. H.R. 3462: Mr. PALLONE and Mr. SENSEN- AMENDMENTS BRENNER. MORAN, Mr. KENNEDY of Massachu- Under clause 6 of rule XXIII, pro- setts, and Ms. ROS-LEHTINEN): H.R. 3467: Ms. DANNER, Mr. MARTINI, Mr. H.R. 3812. A bill to impose certain sanc- HAYWORTH, and Mr. BACHUS. posed amendments were submitted as tions on countries that do not prohibit child H.R. 3480: Mr. MYERS of Indiana. follows: labor; to the Committee on International Re- H.R. 3482: Mr. OWENS and Ms. JACKSON-LEE. H.R. 3756 lations, and in addition to the Committees H.R. 3505: Mr. DINGELL and Mr. MARKEY. OFFERED BY: MR. SANDERS on Ways and Means, and Banking and Finan- H.R. 3510: Mr. JOHNSTON of Florida, Mrs. cial Services, for a period to be subsequently CLAYTON, Mrs. MALONEY, Ms. SLAUGHTER, AMENDMENT NO. 5: Page 119, after line 8, in- determined by the Speaker, in each case for Ms. DELAURO, Mr. HINCHEY, Mr. OLVER, Ms. sert the following new title: WATERS, Mr. HASTINGS of Florida, Mr. MAN- consideration of such provisions as fall with- TITLE VIII—ADDITIONAL GENERAL TON, Mr. HOYER, Ms. WOOLSEY, and Mrs. in the jurisdiction of the committee con- PROVISIONS cerned. MINK of Hawaii. SEC. 801. None of the funds made available By Mr. MINGE: H.R. 3518: Mr. TORRES. H. Res. 477. Resolution amending the Rules H.R. 3522: Mr. LIPINSKI, Mr. EVANS, and Mr. in this Act may be used to make any pay- of the House of Representatives regarding JACKSON. ment to any health plan under the Federal trust relationships; to the Committee on H.R. 3571: Mr. SENSENBRENNER. employees health benefit program when it is Rules. H.R. 3601: Mr. WICKER, Mr. LARGENT, Mrs. made known to the Federal official having FOWLER, Mr. RADANOVICH, Mr. MCCOLLUM, authority to obligate or expend such funds f and Mr. MICA. that such health plan operates a health care PRIVATE BILLS AND H.R. 3654: Mr. WAMP, Mr. SHUSTER, Mr. provider incentive plan that does not meet RESOLUTIONS BOEHLERT, Mrs. THURMAN, and Mr. BAKER of the requirements of section 1876(i)(8)(A) of Louisiana. the Social Security Act (42 U.S.C. Under clause 1 of rule XXII, private H.R. 3700: Mr. BAKER of Louisiana, Mr. 1395mm(i)(8)(A)) for physician incentive bills and resolutions were introduced CALVERT, Mrs. KELLY, Mr. BARRETT of Wis- plans in contracts with eligible organiza- and severally referred as follows: consin, and Mr. COLLINS of Georgia. tions under section 1876 of such Act.