[Congressional Record Volume 141, Number 107 (Wednesday, June 28, 1995)]
[House]
[Pages H6439-H6446]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. (Mr. Oxley). Visitors in the gallery are 
admonished not to demonstrate approval or disapproval of the 
proceedings.
  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I have a little trouble composing myself here, but let 
me just point out, I did not see an American flag in any of that crap 
on that desk there. To me that is crap.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Illinois [Mr. Hyde], chairman of the Committee on the Judiciary, 
who is so highly respected in this body. I once recommended him to 
Ronald Reagan as a U.S. Supreme Court Justice, and would he not have 
made a great one?
  (Mr. HYDE asked and was given permission to revise and extend his 
remarks.)
  Mr. HYDE. Mr. Speaker, my good friend from New York that preceded me 
was quite amusing, and he reminded me when he said the flag cost $7.59, 
or whatever, of the old saying about a person. They say he knows the 
cost of everything and the value of nothing.
  What is at work here is something larger than the flag itself; it is 
a protest against the vulgarization, the trashing of our society. This 
amendment asserts that our flag is not just a piece of cloth, but, like 
a family picture on your desk, it represents certain unifying ideals 
most Americans hold sacred, ideals that are wonderfully expressed in 
the Declaration of Independence.
  It represents the ``unum'' in the ``e pluribus unum'' of our country, 
and as tombstones are not for toppling, as churches and synagogues and 
places of worship are not for vandalizing, flags are not for burning.
  Some of our critics have accused us of trivializing the Constitution. 
With great respect, I believe it is they who trivialize democracy 
itself, by reducing it to a matter of process, a matter of procedure, 
rather than substance. Their democracy is one-dimensional, consisting 
only of free speech as they define it. They elevate a method of 
communication or process over the substance of democracy, equal 
protection, due process, and the majestic values so timelessly 
expressed in our Declaration of Independence, our country's birth 
certificate: Life, liberty, and the pursuit of happiness.
  Free speech is protected by this amendment. It is not harmed or 
diminished. This amendment takes free speech a dimension forward and it 
validates the duties and the responsibilities that are part and parcel 
of every right that exists. A right does not exist without a 
correlative duty.
                              {time}  1430

  We have a duty to respect your rights, and you have a duty to respect 
our rights. Those responsibilities and duties are the essential 
underpinnings of the ordered liberty that is the soul of America.
  There are well-defined limits to freedom of speech: obscenity laws, 
perjury, slander, libel, copyright laws, classified information, 
agreements in restraint of trade and the old yelling fire where there 
is no fire in a crowded theater.

[[Page H6440]]

  The question is, is that list commodious enough to include flag 
desecration? Somebody tell me why it is a Federal crime to burn a $20 
bill but it is okay to burn a flag. Walk down Independence Avenue 
without your clothes on, and you will find very quickly the limits on 
freedom of expression.
  I consider the flagpole that holds that flag high to represent 
Jefferson's famous tree and liberty which is nourished, as he said, 
with the blood of martyrs. Think of the words of our national anthem: 
``and the rocket's red glare, the bombs bursting in air, gave proof 
through the night that our flag was still there.'' That expresses 
something sublime, something profound, something extraordinary in 
history.
  Too many men have marched behind the flag. Too many have returned in 
a wooden box with the flag as their own blanket. Too many parents and 
kids and wives have clutched to their grieving bosom a folded triangle 
of the American flag as the last remembrance of their loved one not to 
honor and revere that flag.
  Stand among the crosses in the cemetery at Arlington or go to 
Normandy and read the names on the crosses and the Stars of David, and 
you will come across some that say: Here lies in honored glory a 
comrade in arms known but to God; and ask yourself, what honored glory? 
Here is a young man, thousands of miles away from home in the ground 
who died defending freedom. How do you honor, how do you glorify that?
  I will tell you how. You honor Old Glory on behalf of that hero. From 
Valley Forge to Iwo Jima to Anzio, that flag is symbolized, and we live 
by symbols. Justice Felix Frankfurter in 1940 said we live by symbols. 
So honor Old Glory, and that is how you honor that comrade-in-arms 
known but to God.
  The flag is falling. Catch the falling flag and hold it high. There 
may not be any rocket's red glare, any bombs bursting in air, but 
anyone with eyes to see will see that our flag is still there.
  Mr. BRYANT of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I would hope to be able to interpret the comments of the gentleman 
from Illinois [Mr. Hyde] that we just heard as a ringing endorsement of 
the motion to recommit, for it is the motion to recommit that will 
permit this Congress to pass legislation prohibiting the desecration of 
the flag. And it is the pending proposal brought to the floor by the 
gentleman from New York [Mr. Solomon] and the gentleman from Florida 
[Mr. Canady] which would allow a State, if it chose to do so, to permit 
the desecration of the flag.
  It is that same proposal which would allow 50 different States 50 
different definitions of the flag. And if the gentleman from New York 
[Mr. Solomon] is so offended by the presentation of the gentleman from 
New York [Mr. Ackerman] pointing out all of the different things that 
could or could not be defined as a flag by any given State, surely he 
would be offended by the very idea that 50 different States ought to be 
able to designate for themselves what is to be the symbol of this 
country that was the last blanket that draped the coffins of those that 
went abroad and fought for the freedom of this country.
  Mr. Speaker, I yield 5 minutes to the gentlewoman from Houston, TX 
[Ms. Jackson-Lee].
  Ms. JACKSON-LEE. Mr. Speaker, I thank the gentleman for yielding time 
to me.
  Mr. Speaker, let me comment to the gentleman that chairs the 
Committee on Rules and as well the very honorable gentleman that chairs 
the Committee on the Judiciary. Let me acknowledge that I was not 
before the Committee on Rules and certainly I am one that plans to vote 
for the motion to recommit, which states the sentiment of the American 
people.
  I take this discussion extremely seriously. I do so as I hold the 
Constitution of the United States in my hand that incorporates as well 
the Declaration of Independence; the Declaration being the promise, the 
Constitution being the document that implements the promise.
  When I hear the comments of those who would honor the flag, let me 
join in, for I can honestly say that I have never in my life's history 
desecrated, burned or trampled or done anything to disrespect this 
flag. However, I have watched those who have felt passionately that 
they wanted to express their first amendment rights. And yet having 
relatives who served in World War II and other wars of this Nation for 
our people, but realizing that those in my family did not come to this 
Nation free citizens, I still say very proudly the Pledge of Allegiance 
to the flag of the United States of America. And I do emphasize the 
word Republic for which it stands, one Nation under God, indivisible, 
with liberty and justice for all. And I say that proudly every single 
day.
  This is not a war between the States or a war between those who would 
be in support of our Constitution, the Declaration and, yes, our flag. 
But it is, if you will, a debate on values and morals and what we truly 
believe in and what we want our children to believe in.
  I want them to know that in their heart they can express dissent, and 
they can respect the flag. It is not like me to want to, if you will, 
look to amending the Constitution on a regular basis. But in this 
instance, I am concerned, and the reason I support the motion to 
recommit is that we do not have a clear understanding of what we are 
doing.
  We have a particular constitutional amendment now proposed that uses 
the word desecration, a word that in fact is not clear and, therefore, 
may do more injury to the honor of this great flag and the 
understanding of it and the respect for it.
  In fact, as we talk about desecrate, it is a word of sacredness. In 
fact it means consecrate to God or having to do with religion, not 
destroying a flag. Therefore the amendment is unclear.
  This is a time that we should come together as a nation. What I would 
simply say is that the motion to recommit, the one I will vote for, 
talks about prohibiting the burning, the trampling, the soiling or 
rendering of the flag of the United States of America. It is clear.
  Amending the Constitution is a very, very serious act. I would simply 
say to my colleagues, I have been offended and hurt over the years when 
a cross has been burned. In fact, as recently as this year, 
unfortunately citizens in Texas saw fit to burn a cross to express 
opposition against an African-American who was running for mayor of one 
of our cities in the State. Tears came to my eyes. Should we not amend 
the Constitution on the burning of a cross, another very honored emblem 
in this Nation?
  If we are to do anything like that, if we are to seriously respect 
all citizens, then should we not be clear on what we are doing? Should 
we not have the opportunity to have a full understanding of the impact 
of what we are doing. What behavior are we preventing--wearing a flag 
tie? I hope not.
  When I talk to those in the American Legion, they are talking about 
burning and trampling and soiling or rendering of a flag.
  The motion to recommit is a fair motion. But more importantly, let me 
say something directly to those of my good friends who are veterans and 
those who are also Legionnaires, for whom I have great respect. I say 
to them that we are in this fight together. If we came together, and 
this point of view was discussed and we all reaffirmed our pledge to 
honor the flag. Our Nation would not be divided and I believe there 
would be broad support for this view point. In fact when we amend the 
Constitution, it should be joined with the understanding that it is to 
express freedom, not to deny freedom.
  Do you know what? That representative of the American Legion's 
organization understood that when we spoke. How many of us have taken 
the time to explain what we truly believe in. There was no castigation 
and no accusation.
  I think we are going the wrong way. I think the motion to recommit is 
one that brings us all together. For those of us who hold the document 
of implementation--the Constitution--near and dear like we hold the 
document of promise, the Declaration of Independence, we do know that 
this is the way to go, for we are being divisive when we go in the 
direction of this amendment.
  So I support the motion to recommit. I, for one, will be voting for 
it. Mr. Speaker, let is not divide this body. Let us be supportive and 
support an amendment that the American people can understand and that 
gives honor to the American flag.

[[Page H6441]]

  Mr. SOLOMON. Mr. Speaker, the speech we have just heard is the kind 
of speech we should always hear on the floor. It came from the 
gentlewoman's heart. I respect her opinion, even though I respectfully 
disagree with it. But that is the kind of speech that we need. We need 
to really debate this issue. I want the gentlewoman to know I have the 
greatest respect for her because of that.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Tennessee [Mr. Clement].
  (Mr. CLEMENT asked and was given permission to revise and extend his 
remarks.)
  Mr. CLEMENT. Mr. Speaker, I stand to support the American Flag 
Protection Act. Let us protect our flag. It means too much to us.
  Mr. Speaker, I rise today in strong support of House Joint Resolution 
79, the American Flag Protection Act. In less than a week Americans all 
around this Nation will be celebrating Independence Day, the Fourth of 
July. There will be countless tributes, fireworks displays, and 
picnics, all to commemorate our country's Independence. It is also a 
time to reflect on the great history of the United States of America 
and many courageous men and women that built this great Nation.
  Mr. Speaker, it is only fitting that in this time of patriotic 
revelry and remembrance, Congress has the opportunity to pay tribute to 
every man and woman that ever fought for America, and the freedom that 
she represents. We will not be voting to build a new memorial. We will 
not be voting to build a new museum. My colleagues, when we vote yes on 
the American Flag Protection Act, we are giving a simple thank you to 
every veteran that fought and many times died, in every corner of the 
globe to defend this flag, and the country it stands for.
  As many Americans know, the Supreme Court overturned legislation 
Congress adopted in 1989 which was designed to protect our flag as our 
Nation's greatest symbol of freedom, a symbol that thousands of brave 
Americans gave their lives to defend.
  Mr. Speaker, some may argue that desecration of the Stars and Stripes 
should be allowed as an exercise of free speech. I am not a legal 
scholar. I simply say, if the Supreme court holds that our Constitution 
permits flag burning, it is time to change our Constitution. I believe 
in free speech. But I also believe that the flag embodies ideals that 
Americans have sacrificed their lives to protect for more than 200 
years.
  Neither I, nor any of my colleagues in the House of Representatives 
would want to stifle anyone's right to freely speak their mind. A 
constitutional amendment would not restrict anyone from saying anything 
they want about any issue. I just believe that the ideas flag burners 
want to communicate can be expressed without burning our beautiful 
flag.
  Let me say to my friends, that country music songwriter Lee Greenwood 
sings, ``I'm proud to be an American, where at least I know I'm free,'' 
I deeply share his sentiments. As do the many veterans and other 
patriotic citizens in my district who have sent hundreds of letters of 
support demanding this small token of gratitude for what they and their 
forefathers have fought for. Please honor these brave men and women. 
Vote ``yes'' on House Joint Resolution 79.
  Mr. SOLOMON. Mr. Speaker, I yield 2 minutes to the gentleman from Del 
Mar, CA [Mr. Cunningham]. He is an outstanding Member of this body. He 
is a veteran of the Armed Forces of the United States of America. He 
has risked his life for this country and that flag.
  Mr. CUNNINGHAM. Mr. Speaker, not process but substance. Let me put a 
face on substance.
  I have a close friend that was in Vietnam. He was a POW for nearly 6 
years. It took him nearly 5 years to gather bits of thread to knit an 
American flag on the inside of his shirt. When they would have a 
meeting, he would hang that shirt above his comrades. That was fine 
until the guards broke in and they ripped the shirt and they dragged 
the POW out. And they beat him for 6 hours. They brought him back 
unconscious and broken bodied.
  When they tried to comfort him and put him on a bale of straw, they 
did not think he was going to survive. They heard a stirring and that 
broken-bodied POW had dragged himself to the center of the floor and 
started knitting another American flag.
  What kind of message do we send to our children when an Olympic 
athlete carries the American flag or what kind of message do we send to 
our children when we allow someone to burn it? We talk about value 
systems in this country and erosion of them. All we are trying to do is 
protect those value systems.
  Some of those said that they support the Declaration of Independence 
and the Constitution, but I would ask them to look at the same values 
when it comes to the second amendment rights and under the Constitution 
on the different things that we spend on. But to us, this amendment is 
not political. I would say, as Mr. Solomon has and the last speaker, 
that we understand that on both sides. But it is very, very important.
  Mr. BRYANT of Texas. Mr. Speaker, how much time remains on both 
sides?
  The SPEAKER pro tempore. The gentleman from New York [Mr. Solomon] 
has 15 minutes remaining, and the gentleman from Texas [Mr. Bryant] has 
7\1/2\ minutes remaining.
  Mr. SOLOMON. Mr. Speaker, I yield 2 minutes to the gentleman from San 
Diego, CA [Mr. Hunter]. As I said before, we are surrounded with Texans 
and Californians. He is another Californian, also a great American, a 
veteran of the Armed Forces of this country.

                             {time}   1445

  Mr. HUNTER. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, let me say to my colleagues on both sides of this 
debate, we can protect the flag and protect free speech. In fact, for 
100 years or so before this case, Texas versus Johnson, in 1989 which 
struck down flag amendments around the country, I would answer my 
friend, the gentleman from Texas [Mr. Bryant] he had a number of State 
legislatures that in fact passed flag protection amendments. They 
worked well.
  I might add, Mr. Speaker, for those who say this somehow constricts 
free speech, if we look back at the Vietnam days and the Vietnam war 
days and all the protests and we ask ourselves the question ``Was there 
the adequate expression of free speech? I would say yes, in all of the 
marches and screaming and shouting and the sound boxes and the cursing 
and all of the things that were done to oppose the war. Those were all 
done at a time when we had flag protection amendments. Therefore, this 
does not hurt free speech. In fact, Mr. Speaker, I think Justice 
Rehnquist was exactly right when he said that ``burning
 the American flag is not a statement, it is an inarticulate grunt.''

  To answer my friends who say this is just a piece of cloth, it is a 
unique piece of cloth. We have made it so. It is the only symbol that 
we ask American soldiers and sailors to follow, sometimes to their 
death. When somebody does die in battle, that folded flag that covered 
their coffin is given to the widow or to the mother, so we have 
elevated this flag to a position that is a unique, unifying symbol in 
this country. It is only appropriate to protect it, and we will only be 
doing, with this constitutional amendment, what the country has been 
doing for the last several hundred years, before 1989.
  Mr. BRYANT of Texas. Mr. Speaker, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from Texas.
  Mr. BRYANT of Texas. Mr. Speaker, I would just ask, why in the world 
the gentleman would want 50 different States to be able to define the 
flag.
  Mr. HUNTER. If the gentleman will let me answer, Mr. Speaker, I think 
it is absolutely appropriate for the State legislators to participate 
in protecting the flag.
  Mr. BRYANT of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. HUNTER. Mr. Speaker, will the gentleman yield?
  Mr. BRYANT of Texas. I yield to the gentleman from California.
  Mr. HUNTER. My answer to the gentleman, Mr. Speaker, is I think this 
is an effort, this idea of protecting the flag, and patriotism and 
desire to protect the flag is not limited to this body. I think it is 
absolutely appropriate for the State legislature in Texas, for example, 
to participate in protecting the flag. There is nothing wrong with 
that.
  Mr. BRYANT of Texas. Reclaiming my time, Mr. Speaker, it is important 
to stay on point. The gentleman has made many good points with regard 
to patriotism, the sacredness of the flag, and all of which I agree 
with.
  The point I have made bringing this motion to recommit is in the 
haste to 

[[Page H6442]]
get this to the floor, they have allowed 50 different States to decide 
what the flag is and 50 different States to define desecration. That is 
a dangerous thing to do. We ought to define what the flag is and we 
ought to define desecration. The motion to recommit would do that.
  Mr. HUNTER. If the gentleman will yield to let me answer his 
question, Mr. Speaker, my answer to the gentleman is I think it is a 
healthy exercise for the States to participate in protecting the flag. 
I think they did a great job of it prior to 1989, when Texas versus 
Johnson struck down a Texas statute. I have a lot of faith in the 
legislature in Texas. I think they can do the same thing again.
  Mr. BRYANT of Texas. If we have ultimate faith in them, then we do 
not need a Constitution at all. This says, ``The Congress and the 
States shall have the power to prohibit the burning, trampling, 
soiling, or rending of the flag of the United States.'' There is 
nothing else. That is all Members would want to prohibit.
  Let us write one that is like the rest of the Constitution. It is 
clear what it means, it is narrowly defined, and the definition of the 
flag would be within the province of the Congress.
   Mr. Speaker, I reserve the balance of my time.
  Mr. SOLOMON. Mr. Speaker, I yield 2 minutes to the gentleman from New 
York, Mr. Ben Gilman, a colleague of mine from the State of New York, 
chairman of the Committee on International Relations, who does a great 
job for this Congress.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I am proud to rise in strong support of this 
resolution prohibiting the physical desecration of the flag of the 
United States. I commend the gentleman from New York [Mr. Solomon], the 
original sponsor of this legislation, for his dedicated work and 
determination on this important issue.
  As Americans across the country prepare to celebrate our nation's 
independence, it is befitting that the House of Representatives is 
considering this important legislation.
  For hundreds of years, courageous men and women have fought for the 
ideals and beliefs that our great Nation represents. To the many 
dedicated men and women who have sacrificed for our Nation, our flag is 
not just a piece of cloth, it is not just the symbol of our Nation, it 
represents our inherent belief in our freedoms and our ideals.
  Based upon these strong beliefs of proud Americans across the 
country, 49 State legislatures have passed resolutions asking Congress 
to approve an amendment to the Constitution protecting our flag; 48 
States have enacted flag-desecration laws. The American people support 
such an amendment to the Constitution.
  This is not any new issue, yet today, it is more important than ever. 
Accordingly, I urge my colleagues to join in strong support of this 
legislation.
  Let us properly protect our flag and all of the ideals that it 
represents.
  Let us vote against this motion to recommit.
  Mr. SOLOMON. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Appleton, WI, Mr. Toby Roth, a great American who came here with 
me 17 years ago.
  Mr. ROTH. Mr. Speaker, I thank the gentleman for yielding time to me.
  Mr. Speaker, every morning before we start business we stand here, 
one of us stands here in the well of the House, and we put our hands 
over our hearts and say we pledge allegiance to the flag. Now there are 
some people who would say let that flag, let it burn, let it be 
desecrated. Nothing is sacred in America anymore.
  There are still some things sacred in America. One is the flag. Today 
we take sides. Put me down with Barbara Fritchie. When the Confederate 
Army marched through over here in Maryland, marched up to Antietam for 
the battle, and this 95-year-old woman went to the top floor of her 
House, opened the window, put the flag out, and as they were marching 
by she said, as John Greenleaf Whittier, the poet said, ``Shoot this 
old gray head, if you must, but spare your country's flag.'' Put me 
down with her.
  Put me down with John Bradley from Appleton WI, who, when they asked 
for volunteers to put up the flag at Mount Suribachi, he said, ``I will 
volunteer.'' He was one of five. Put me down with him.
  There are still some things sacred in America today, and one is our 
flag. Members do not have to march into battle, they do not have to put 
a knapsack and rifle over their shoulders. All they have to have is the 
courage to vote for our flag today. Barbara Fritchie would have given 
her life, and John Bradley and others did. Members do not have to give 
their lives today, they just have to give their vote for the flag.
  Mr. SOLOMON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Texas [Mr. Barton], another great American who is noted for a different 
constitutional amendment called the balanced budget amendment.
  (Mr. BARTON of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. BARTON of Texas. Mr. Speaker, I thank the distinguished chairman 
of the Committee on Rules for yielding time to me.
  Mr. Speaker, the United States of America has many symbols, but the 
paramount symbol is the flag of the United States. Because of that, it 
is worthy of special respect; because of that, it is worthy of special 
protection; that is why we are here today.
  Until 1989, there were numerous States that had flag statutes that 
protected the burning of the flag, the desecration of the flag. As has 
been pointed out, the statute in my State of Texas was overturned by 
the Supreme Court. The amendment before us today specifically gives the 
Congress and the States the right to pass other statutes so they can 
protect the American flag. It is important that we allow this amendment 
to be passed.
  The distinguished gentleman from New York [Mr. Ackerman], who earlier 
stood on the floor and pulled out of his surface bag of tricks various 
paraphernalia, said, ``Is this the flag? Is this the flag?'' There were 
no flags that he pulled out of his bag.
  That is the flag of the United States of America. That is the flag of 
the United States of America. The flag that is flying over our Capitol 
today at half mast, because of the death of former Chief Justice Warren 
Burger, that is the flag of the United States of America.
  The flag that Patton's divisions took into Europe to liberate the 
death camps at the end of World War II, that is the flag that we want 
to protect. The flag that was flying over the air base when then 
Captain, now Congressman, Sam Johnson came back from captivity in the 
Vietnam war, that is the flag that we want to protect. The flag that 
General Schwarzkopf sent into Kuwait to liberate Kuwait, that is the 
flag that we want to protect.
  What act is so despicable that the only way we can exercise freedom 
of speech is this country is by burning the American flag or 
desecrating it? I can think of no act that is that despicable. That is 
why we need to pass this amendment, give our States and our Congress 
the right to protect the paramount symbol of the United States of 
America, the American flag.
  Mr. BRYANT of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would just observe that when my friend, the gentleman 
from Texas [Mr. Barton] turned and pointed to the flag, addressed the 
Speaker and said, ``That is the flag,'' Mr. Speaker, that may be the 
flag today, but if the gentleman's version of this amendment passes, we 
could have 50 different versions of the flag. I have repeatedly raised 
this issue and they have repeatedly failed to answer it, because there 
is really no answer.
  The fact of the matter is that today the definition of the flag in 
the Federal statutes that exist designates a 48-star flag. The 49th and 
50th stars were added by executive order. The gentleman's amendment 
would allow every State to define a flag as it chose and to define 
desecration as it chose.
  Why not take the motion to recommit, which says that this Congress 
defines the flag, and this Congress is going to be able to prohibit the 
burning, the trampling, the soiling, or the rending of the flag of the 
United States?
  Is that not what the gentleman wanted? Did the gentleman want more 
than that? If he wanted more than that, he 

[[Page H6443]]
should tell us what more he wanted. There really is not any more than 
that. Certainly it would be the height of patriotism, and perhaps it 
would be unpatriotic not to admit that in the rush of getting this bill 
to the floor before the July 4 recess, some mistakes were made, some 
things were not thought of, and a proposal was brought out here that is 
overly broad and unworkable. The motion to recommit is workable, is not 
overly broad, and does exactly what the gentleman says he wants to do.
  For that reason, I urge Members to vote for the motion to recommit.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SOLOMON. Mr. Speaker, I yield 30 seconds to the gentleman from 
Meridian, MS [Mr. Montgomery], a Democrat, a cosponsor of this 
constitutional amendment and a great American. He has stood up for this 
country so many times.
  Mr. MONTGOMERY. Mr. Speaker, I was in opposition to the recommital 
motion, and will sponsor and vote for our flag amendment.
  However, I have been here all day, just like the gentleman has, I 
would say to the chairman, the gentleman from New York [Mr. Solomon], 
when you destroy the flag you are really destroying the symbol of this 
country. This is a real flag. Our veterans marched off to fight for 
this flag. This is going too far. It is beyond common sense, when you 
burn the flag. Therefore, we should support the constitutional 
amendment.
  Mr. SOLOMON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Ocala, FL [Mr. Stearns], a very distinguished Member from an all-
American city, the one just named.
  (Mr. STEARNS asked and was given permission to revise and extend his 
remarks.)
  Mr. STEARNS. Mr. Speaker, at 10 o'clock this morning on the floor of 
this House I had the distinct privilege to lead this body in reciting 
the pledge of allegiance. If I may, I would like to recite just the 
opening line again for the benefit of any of my colleagues who weren't 
here at that time. It states, quite simply: ``I pledge allegiance to 
the flag of the United States of America.''
  Allegiance, my colleagues. Allegiance to the flag. Now, some of my 
colleagues here today may think you can burn the flag, spit on the 
flag, or otherwise desecrate the flag all while still professing 
allegiance to it. I disagree. Desecrating the flag is the antithesis of 
allegiance. It is instead the height of contempt--contempt not only for 
our sacred symbol, but contempt for the nation it proudly represents.
  Let us be clear on what this debate is about today. This is certainly 
a debate about the first amendment. For 213 years of our Nation's 
history, from the founding until just 6 short years ago, the highest 
court of the land found nothing wrong with laws that protect the flag 
from desecration. But in 1989 five Supreme Court justices decided to 
overturn all legal precedent and declare flag-burning a 
constitutionally protected form of speech. I have no problem standing 
up here today and saying emphatically that those five justices were 
wrong. The Texas versus Johnson decision was yet another case of 
judicial overreaching by activist judges not content to interpret the 
law, but feeling the need to re-write it as well.
  The other thing this debate is about today is the ability of the 
majority of the American people to determine the laws under which they 
will live. The fact is, up to 80 percent of Americans are firmly on 
record supporting a constitutional amendment that protects the American 
flag from desecration. Who are we, the members of the people's House, 
to deny the people what they have asked for? How can we have 
credibility with the American people if we claim to love and honor the 
flag, as so many of my colleagues have done here today, yet refuse to 
take the simple step necessary to protect from desecration?
  Do my colleagues need more evidence that passing this amendment 
expresses the will of the American people? Fully 48 States--48 States--
already have anti-flag-desecration laws on the books that would be 
protected by this amendment. My colleagues, if Congress passes this 
amendment, we will all be amazed at the speed with which virtually 
every State votes to ratify it.
  Why is that we allow a law on the books that makes it a Federal crime 
to burn a dollar bill, but recoil from a law protecting the flag? Is 
the dollar bill a greater symbol of freedom than the American flag? Why 
do we outlaw vandalism against the mailbox sitting out here on the 
corner, yet permit acts of unspeakable violence against the banner 
under which so many of our sons have died for freedom?
  Mr. Speaker, the flag of the United States is more than the sum of it 
parts. It is more than a bolt of cloth arranged into a pattern of 
stripes and stars, it is the very symbol of liberty itself. From Valley 
Forge to Vietnam, on every battlefield where American values have been 
attacked and American lives sacrificed, the flag of the United States 
has been the shining, indomitable, eternal spirit of American liberty. 
As Justice Felix Frankfurter has said, ``We live by symbols.'' Symbols 
may be abstract, but for the patriotic men and women across this land 
they are certainly more real that contorted arguments of those refuse 
to give the flag the protection it deserves.
  Burning the flag offends me, it offends the vast majority of the 
American people, and it offends the memory of those who gave their 
lives to uphold the values the flag represents. I urge all my 
colleagues to lend their strong support to this amendment today.
  Mr. BRYANT of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would simply make an observation that with regard to 
the reference of the gentleman from Florida [Mr. Stearns] a moment ago 
to what the public wants, I think, perhaps he and others should take 
more care with regard to saying that. I do not believe the public wants 
50 different legislatures defining the flag or 50 different 
legislatures defining desecration. What they want is a definition of 
the flag and a definition of desecration that is prohibited.
  Unfortunately, his side did not get it out here today because they 
were in such a hurry to get it out here before the July 4 recess. They 
have one out here that is overly broad and will not work. The motion of 
recommit will work. Let us go along, and do the right thing today.

                              {time}  1500

  Mr. STEARNS. Mr. Speaker, will the gentleman yield?
  Mr. BRYANT of Texas. I yield to the gentleman from Florida.
  Mr. STEARNS. Mr. Speaker, would the gentleman admit, though, that if 
we went out to the American public and asked them would they like to 
protect the flag and would they expect the States to ratify this, the 
majority of Americans would say yes? In fact, the polls show that 80 
percent of the Americans agree.
  Mr. BRYANT of Texas. Taking my time back, again you are begging the 
question. The point is simply this. You say they want to prohibit 
desecration, sure. They want the Congress to define the flag and the 
Congress to define desecration and be done with it.
  What you have got is a deal where 50 States do it, 50 States define 
the flag, 50 States define desecration. It is unworkable and 
unreasonable. It leads to all types of potential problems. Why do it 
that way? The answer, because you got in a big hurry, you wanted to be 
able to take this home for the Fourth of July and say you got something 
out here, but it will not work.
  Mr. STEARNS. Will the gentleman allow me one sentence?
  Mr. BRYANT of Texas. One sentence.
  Mr. STEARNS. Mr. Speaker, we can split hairs and we can talk about 
this, but we have a unique opportunity to pass this amendment and 
thereby give the people what they want. Let's see if it will work out.
  Mr. BRYANT of Texas. Your sentence is not responsive to my concern. 
We prohibit here the burning, trampling, soiling and rending of the 
flag of the United States. That is really all there is. What you have 
got here will not work, simply put.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SOLOMON. Mr. Speaker, I would like to get into this right now but 
I will do it when I close.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Union City, 
NJ [Mr. Menendez], another great Member of this body, a Democrat, too, 
on the other side of the aisle who stood up against Castro and Cuba. I 
thank the gentleman for his amendment that will be on the floor 
shortly.
  (Mr. MENENDEZ asked and was given permission to revise and extend his 
remarks.)

[[Page H6444]]

  Mr. MENENDEZ. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I rise in strong support of the proposed constitutional 
amendment banning the desecration of the flag. The flag of the United 
States is unique among all the symbols of the unity and freedom of our 
country, and it is for that reason that I so strongly support its 
protection.
  No other symbol of our Nation is so universally recognized. No other 
symbol of our Nation is so beloved by its people. No other symbol of 
our Nation could so thoroughly unite the world's most diverse 
population.
  Our flag's unique status as a symbol of our Nation has long been 
recognized by the American people, and by this Congress. Many of us 
have voted in the past to single our flag out for protection because of 
this uniqueness.
  I strongly supported previous efforts to afford such protection by 
statute precisely because I believed in the flag's uniqueness. The 
Supreme Court, however, has made it clear that a constitutional 
amendment, and only a constitutional amendment, can give the flag 
protection by law. If a constitutional amendment is what it takes, then 
so be it.
  My parents came to this country from Cuba to secure a future of 
freedom for themselves and for their children. To them, and to me, the 
flag serves as a tangible reminder of the freedom they lost in their 
homeland and found in America.
  The symbolism goes beyond patriotism--it is a physical symbolism. The 
American flag, like the country itself, is composed of different colors 
and material, coming together to make a whole. The colors clash, but 
are firmly held together. They are held together for a higher purpose. 
To tear them apart is to reject the sacrifices of millions of Americans 
who gave their lives to keep the colors together as one.
  My commitment to our flag is a reflection of my country's commitment 
to its people. Those who stand in support of the protection of our flag 
must stand for the freedom and equality of all, just as surely as our 
flag stands as a beacon to which all freedom-loving people of the world 
are drawn. I urge you to join us.
  Mr. SOLOMON. Mr. Speaker, I yield 1 minute to the gentleman from 
Missouri [Mr. Emerson], a very distinguished Member of this body.
  (Mr. EMERSON asked and was given permission to revise and extend his 
remarks.)
  Mr. EMERSON. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  ``Shoot, if you must, this old gray head, but touch not your 
country's flag,'' she said. That was Barbara Fritchie, as Stonewall 
Jackson was marching through Frederick on the way to the Battle of 
Antietam.
  What do you think Stonewall Jackson said? He replied, ``He who 
touches yonder flag dies like a dog,'' he said. And they marched and 
they marched all day long through Frederick town but no one touched 
their country's flag.
  This resolution enables Congress and the States to enact flag 
protection without fear of such a law being ruled unconstitutional. It 
is going to convey the protection that the flag enjoyed for 200 years 
and which must be restored.
  While I believe strongly in the first amendment and its protections, 
I also believe that there are recognized exceptions to the first 
amendment. Not every act of expressive conduct is protected. Flagrant 
and public abuse of the flag should not be considered as symbolic 
speech under the first amendment, and such abuse should not be 
tolerated. We will see to it through this amendment that it is not 
tolerated.
  I strongly urge my colleagues to join me in passing this important 
amendment to our constitution which would give the States and the 
Federal Government the authority to prohibit desecration of the flag of 
the United States of America.
  Mr. BRYANT of Texas. Mr. Speaker, I reserve the balance of my time 
for the purpose of closing.
  Mr. SOLOMON. Mr. Speaker, a number of years ago we had a Republican 
who ran against Ronald Reagan for President. He is a great American. I 
did not support him. I supported my other friend, Ronald Reagan.
  Mr. Speaker, I yield 30 seconds to him, the gentleman from Wauconda, 
IL [Mr. Crane].
  (Mr. CRANE asked and was given permission to revise and extend his 
remarks.)
  Mr. CRANE. Mr. Speaker, I strongly support this amendment. But 
whether one supports it or does not support it, I think it is important 
for you to recognize that all this vote is about is giving the people a 
chance to be heard. A vote against this is a denial to hear the 
expressed will of the people. Amendments require 75 percent 
ratification support amongst all the States. Forty-nine of the States 
endorse the concept.
  All you are asked to do on this vote is give the people a chance to 
be heard. You are not changing the Constitution. You are giving the 
people a chance to change it if they choose.
  Mr. SOLOMON. Mr. Speaker, I intend to close for this side and would 
ask the gentleman to proceed.


                         parliamentary inquiry

  Mr. BRYANT of Texas. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore (Mr. Oxley). The gentleman will state it.
  Mr. BRYANT of Texas. Mr. Speaker, my understanding is that the right 
to close would be mine, unless the bill is being managed on the other 
side by a member of the Committee on the Judiciary, which it is not. 
Inasmuch as it is not, I believe that I would have the right to close. 
I would appreciate clarification.
  The SPEAKER pro tempore. Under the rules, since the gentleman from 
New York [Mr. Solomon] is not a member of the Committee on the 
Judiciary, the gentleman from Texas does have the right to close.
  With that, the Chair recognizes the gentleman from New York [Mr. 
Solomon].
  Mr. SOLOMON. Mr. Speaker, I thought a member of the Committee on 
Rules was ex officio on all committees. I will proceed at any rate.
  Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this has been a very, very good debate. For the most 
part we have stuck to the subject and for the most part I think 
everyone understands what we are doing here.
  I am a little concerned with the arguments of my good friend, the 
gentleman from Texas [Mr. Bryant], because he goes against the entire 
federalist system. He worries about what the States will do. I do not. 
I believe that this Constitution gave certain powers to the Federal 
Government but it retained most of the powers to the States. That is 
the way it should be. I have faith in those States, all 50 of those 
States.
  I believe that once we pass this constitutional amendment, we give it 
to the States, I think they will ratify it within 2 years and it will 
become a part of our Constitution. When that happens, I would ask the 
gentleman to join me and the gentleman from Mississippi [Mr. 
Montgomery]. We have already agreed to work with the Committee on the 
Judiciary, with the gentleman from Illinois [Mr. Hyde], with the 
gentleman from Florida [Mr. Canady], both of whom have done outstanding 
work here, in developing and redefining the U.S. flag code, and passing 
a statute on a Federal level that will serve as the example for the 
other 50 States. We have to have confidence in our States. That is what 
built this country.
  Having said that, Mr. Speaker, I would hope that we would defeat this 
motion to recommit. If we do that, we will simply leave the amendment 
as it is, which says the Congress and the States shall have power to 
prohibit the physical desecration of the flag of the United States of 
America. That is what the people here today want. That is what 80 
percent of the American people want. Let's let them decide. If we vote 
``no'' on the motion to recommit and ``yes'' on the amendment, that is 
what will happen.
  The SPEAKER pro tempore. For the purpose of closing debate, the 
gentleman from Texas [Mr. Bryant] is recognized for whatever time he 
has remaining.
  (Mr. BRYANT of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. BRYANT of Texas. Mr. Speaker, I have said already that I dearly 
wish that I could be free from the restraints of conscience today so 
that I might come up here and give a great patriotic speech, which I am 
able to give, I 

[[Page H6445]]
think, just as enthusiastically and as sincerely as anyone else has. 
Everyone who has given one believes what they have said. I have no 
doubt about that whatsoever.
  But I have the duty, and so do you, to write law for this country 
that is going to last and stand the test of time, and is not going to 
get people in trouble accidentally. For better or for worse, in what I 
assume you hoped would be a fine hour for you, you have brought a 
proposal to the floor that portends serious problems for us, when you 
could have easily taken a little more time to write one that is simple 
and works.
  We have done one in this motion to recommit, which says you can't 
burn the flag, trample it, rend it or soil it, and Congress decides 
what the flag is. What more could you possibly want than that?
  You express great confidence in the States. I did not hear that 
confidence expressed when we were talking about product liability here 
just 6 or 8 weeks ago. In fact, your confidence in the States is based 
upon the fact that every State has its own culture and its own ideas. 
That is right. What if all 50 States write a different law with regard 
to desecration and all 50 States write a different law with regard to 
what the flag is?
  Are you serving the people that watch this debate or the people back 
home that do not know about it or the people that have answered these 
polls saying they want to protect the flag, when you do that? Of course 
you have not. If you are going to wrap yourself in the flag, then, by 
golly, take the responsibility that goes along with wrapping yourself 
in the flag. Pass a provision that works.
  This Congress ought to decide what the flag is, not every State 
legislature. Desecration ought to be burning, soiling, rending, or 
trampling. What else could it be?
  Instead, you have come out here with one that does not work because 
you were in such a hurry to get it out here before the Fourth of July 
recess so you could all go home and say, ``Look what I did, and look 
what those other bad guys wouldn't go along with and do also.'' That is 
what is at stake here.
  This motion to recommit is the right thing to do if you believe in a 
constitutional amendment. For goodness sakes, do not soil this day in 
which you have come forward to try to do something very patriotic, by 
doing something that is going to lead to problems, hurt people and get 
people in trouble accidentally, and in effect is in my view a 
dereliction of our duty in this House to legislate for the ages. Vote 
for the motion to recommit.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. BRYANT of Texas. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  Pursuant to the provisions of clause 5 of rule XV, the Chair 
announces that he will reduce to a minimum of 5 minutes the period of 
time within which a vote by electronic device, if ordered, will be 
taken on the question of passage of the joint resolution.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 63, 
nays 369, not voting 2, as follows:
                             [Roll No. 430]

                                YEAS--63

     Abercrombie
     Ackerman
     Bentsen
     Bonior
     Borski
     Brown (CA)
     Bryant (TX)
     Clay
     Coleman
     Collins (MI)
     Coyne
     Doggett
     Edwards
     Engel
     Fields (LA)
     Frank (MA)
     Frost
     Gephardt
     Gutierrez
     Hall (OH)
     Harman
     Hastings (FL)
     Jackson-Lee
     Johnson, E. B.
     Kennedy (MA)
     Kennedy (RI)
     Kildee
     LaFalce
     Leach
     Levin
     Lowey
     Luther
     Maloney
     Markey
     Martinez
     McCarthy
     McKinney
     Meehan
     Meek
     Minge
     Mink
     Moran
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Owens
     Peterson (FL)
     Reed
     Richardson
     Rush
     Schroeder
     Schumer
     Scott
     Skaggs
     Thornton
     Torricelli
     Tucker
     Vento
     Visclosky
     Waters
     Williams

                               NAYS--369

     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Beilenson
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Boucher
     Brewster
     Browder
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coburn
     Collins (GA)
     Collins (IL)
     Combest
     Condit
     Conyers
     Cooley
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeFazio
     DeLauro
     DeLay
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Durbin
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Eshoo
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Fields (TX)
     Filner
     Flake
     Flanagan
     Foglietta
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutknecht
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hilliard
     Hinchey
     Hobson
     Hoekstra
     Hoke
     Holden
     Horn
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (SD)
     Johnson, Sam
     Johnston
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennelly
     Kim
     King
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     LaHood
     Lantos
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Longley
     Lucas
     Manton
     Manzullo
     Martini
     Mascara
     Matsui
     McCollum
     McCrery
     McDade
     McDermott
     McHale
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Menendez
     Metcalf
     Meyers
     Mfume
     Mica
     Miller (CA)
     Miller (FL)
     Mineta
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Morella
     Murtha
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Ortiz
     Orton
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Riggs
     Rivers
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Roukema
     Roybal-Allard
     Royce
     Sabo
     Salmon
     Sanders
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Serrano
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Stockman
     Stokes
     Studds
     Stump
     Stupak
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas
     Thompson
     Thornberry
     Thurman
     Tiahrt
     Torkildsen
     Torres
     Towns
     Traficant
     Upton
     Velazquez
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Ward
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--2

     Moakley
     Reynolds
       

                              {time}  1532

  Messrs. McDERMOTT, FLAKE, ROSE, HOYER, and DELLUMS, Mrs. COLLINS of 
Illinois, and Messrs. MFUME, FOGLIETTA, and FAZIO of California changed 
their vote ``yea'' to ``nay.''
  Messrs. SKAGGS, THORNTON, RICHARDSON, and NEAL of Massachusetts 
changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded. 

[[Page H6446]]

  The SPEAKER pro tempore (Mr. Oxley). The question is on the passage 
of the joint resolution.
  The question was taken.
                             recorded vote

  Mr. SOLOMON. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 312, 
noes 120, not voting 3, as follows:

                             [Roll No. 431]

                               AYES--312

     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bentsen
     Bereuter
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Brewster
     Browder
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins (GA)
     Combest
     Condit
     Cooley
     Costello
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLay
     Deutsch
     Diaz-Balart
     Dickey
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (LA)
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Gallegly
     Ganske
     Gekas
     Gephardt
     Geren
     Gillmor
     Gilman
     Gingrich
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green
     Gunderson
     Gutierrez
     Gutknecht
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hilliard
     Hobson
     Hoke
     Holden
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (SD)
     Johnson, E.B.
     Johnson, Sam
     Jones
     Kanjorski
     Kasich
     Kelly
     Kennedy (MA)
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Klug
     Knollenberg
     LaHood
     Lantos
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Longley
     Lucas
     Luther
     Manton
     Manzullo
     Martinez
     Martini
     Mascara
     McCarthy
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     McKinney
     McNulty
     Menendez
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murtha
     Myers
     Myrick
     Neal
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Ortiz
     Oxley
     Packard
     Pallone
     Parker
     Paxon
     Payne (VA)
     Peterson (FL)
     Peterson (MN)
     Pickett
     Pombo
     Pomeroy
     Portman
     Pryce
     Quillen
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Richardson
     Riggs
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shaw
     Shuster
     Sisisky
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stockman
     Stump
     Stupak
     Talent
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas
     Thompson
     Thornberry
     Thornton
     Thurman
     Tiahrt
     Torkildsen
     Towns
     Traficant
     Tucker
     Upton
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Wynn
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                               NOES--120

     Abercrombie
     Ackerman
     Barrett (WI)
     Becerra
     Beilenson
     Berman
     Bonior
     Borski
     Boucher
     Brown (CA)
     Bryant (TX)
     Cardin
     Clay
     Clinger
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Coyne
     DeFazio
     DeLauro
     Dellums
     Dicks
     Dingell
     Dixon
     Doggett
     Durbin
     Ehlers
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Filner
     Flake
     Foglietta
     Frank (MA)
     Furse
     Gejdenson
     Gibbons
     Gilchrest
     Gonzalez
     Greenwood
     Hall (OH)
     Hastings (FL)
     Hinchey
     Hoekstra
     Hoyer
     Jackson-Lee
     Johnston
     Kaptur
     Kennedy (RI)
     Kleczka
     Klink
     Kolbe
     LaFalce
     Leach
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Maloney
     Markey
     Matsui
     McDermott
     McHale
     Meehan
     Meek
     Mfume
     Miller (CA)
     Mineta
     Minge
     Mink
     Nadler
     Oberstar
     Obey
     Olver
     Orton
     Owens
     Pastor
     Payne (NJ)
     Pelosi
     Petri
     Porter
     Poshard
     Rangel
     Reed
     Rivers
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Shadegg
     Shays
     Skaggs
     Slaughter
     Stark
     Stokes
     Studds
     Tanner
     Torres
     Torricelli
     Velazquez
     Vento
     Visclosky
     Ward
     Waters
     Watt (NC)
     Waxman
     White
     Williams
     Woolsey
     Wyden
     Yates

                             NOT VOTING--3

     Horn
     Moakley
     Reynolds
                              {time}  1540


                announcement by the speaker pro tempore

  The SPEAKER pro tempore. Before announcing the vote, the Chair will 
remind all persons in the gallery that they are here as guests of the 
House, and that any manifestation of approval or disapproval of 
proceedings is in violation of the rules of the House.
  So (two-thirds having voted in favor thereof) the joint resolution 
was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  

                          ____________________