[Congressional Record Volume 141, Number 204 (Tuesday, December 19, 1995)]
[Extensions of Remarks]
[Page E2417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


                               speech of

                          HON. STEVE GUNDERSON

                              of wisconsin

                    in the house of representatives

                       Friday, December 15, 1995

  Mr. GUNDERSON. Mr. Speaker, at the outset, I want to make clear that 
I see many good facets to this bill. However, I call attention to a 
portion of it, on the consequences of an HIV-positive test result, that 
was not debated in the House, primarily because many of us believed 
that it would be removed by the Senate. The President has suggested 
that he will veto this bill. If he does and this chamber has another 
opportunity to consider it, it is essential that we directly address 
and debate the issue of HIV testing and test results in the military.
  We should be aware that section 561 of this bill--section 567 of the 
Conference Report--provides that any member of the military who is 
determined through testing to be HIV-positive be automatically 
dismissed. Specifically, this section requires the Secretary of Defense 
to separate or retire service members who test HIV-positive within 6 
months of their positive test. This requirement represents a serious 
public policy and public health problem that should not become law in 
this country.
  The issue is not simply testing for HIV because I believe there are 
appropriate public health reasons and goals for such testing. For 
example, I have worked very closely with other Members, both 
Republicans and Democrats, including the gentleman from Oklahoma [Mr. 
Coburn], and others, on the issue of mandatory testing of infants as 
part of the reauthorization of the Ryan White CARE Act. Many advances 
in the treatment of HIV disease have been developed and are becoming 
increasingly available; this is a positive situation that did not exist 
previously. HIV testing, if done appropriately and sensitively, should 
lead individuals who test positive to seek treatment and care. 
Effective treatments ultimately may lead to a cure for HIV disease. If 
testing leads to treatment and to a cure, then all of us ought to 
support it. Under these circumstances, we should encourage testing for 
every element of American society. Testing is currently one of the most 
important means of HIV prevention that exists.

  But, when mandatory testing leads to mandatory job discrimination, we 
send a signal to everyone in American society not to get tested. That 
is, we send precisely the opposite message than we really want to send. 
The mandatory discharge specified in this bill occurs regardless of the 
HIV-positive individual's health and fitness and despite the fact that 
people continue to work productively for several years after being 
infected with HIV. We should not presume that a positive HIV test 
automatically means an inability to effectively carry out duties or to 
engage in productive work. Yet, this presumption seems to underlie the 
mandatory discharge provision in this bill.
  The mandatory discharge specified in this bill also singles out HIV 
disease from other medical conditions. It treats military personnel who 
test HIV-positive differently than personnel with other diseases or 
conditions. In this sense, then, section 561 is blatantly 
discriminatory. The issue becomes one of HIV status rather than health 
status and the ability to carry out duties.

  If we allow this provision to remain, furthermore, we likely set 
ourselves on a slippery slope to continuing and increasing 
discrimination. Today it is the military, tomorrow it will be military 
contractors, and the next day it will be all of the independent private 
sector. We have to change this provision before this bill becomes law. 
We should not encourage, and certainly not legislate, discrimination 
against any American citizen.
  The provision for mandatory discharge of members of the armed forces 
who test HIV-positive should not be in this bill. Instead, we should 
encourage HIV testing in a context in which individuals can and will 
seek out effective treatments. These treatments may extend their lives, 
allow them to continue to work productively, and one day, produce a 
cure for HIV disease. Individuals who seek or are tested for HIV should 
not be punished for their test results. The positive elements of this 
bill aside, therefore, I urge my colleagues to oppose this Department 
of Defense authorization bill conference report.

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