[Congressional Record Volume 142, Number 25 (Wednesday, February 28, 1996)]
[Extensions of Remarks]
[Pages E233-E234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CONGRESS MISSES THE MAGIC SHOW

                                 ______


                           HON. BARNEY FRANK

                            of massachusetts

                    in the house of representatives

                      Wednesday, February 28, 1996

  Mr. FRANK of Massachusetts. Mr. Speaker, in passing a Defense 
authorization bill which includes a cruel and wholly unjustified 
provision requiring the discharge of all service members who are HIV-
positive, Congress served itself and the Nation very badly. Our former 
colleague, who is now the junior Senator from California [Ms. Boxer] 
recently illustrated how unwise and unfair this new policy is with an 
article in the Los Angeles Times for February 6. Because we still have 
a chance to redeem ourselves by repealing this provision before it goes 
into effect, it is very important that all Members reflect on the truth 
of what our former colleague has written and so I ask that the article 
entitled ``Congress Misses the Magic Show'' by Barbara Boxer, in the 
February 6, Los Angeles Times be reprinted here.

               [From the Los Angeles Times, Feb. 6, 1996]

                    Congress Misses the `Magic' Show

                           (By Barbara Boxer)

       Americans cheered last week as Earvin ``Magic'' Johnson 
     triumphantly returned to the Los Angeles Lakers. In just 27 
     minutes, he scored 19 points and dispelled any remaining 
     doubt about his ability to compete at the highest level.
       To their credit, Magic's fans, coaches, teammates and even 
     his NBA opponents welcomed him back with open arms. Imagine 
     how absurd it would be if Congress, just as Magic 
     demonstrated his Hall of Fame talent, passed a law requiring 
     the NBA to fire all basketball players who have the HIV 
     virus.
       This past week, Congress did something just that absurd.
       A little-noticed provision of the annual military spending 
     bill requires the Pentagon to fire all soldiers, sailors and 
     Marines who test positive for the HIV virus, even if they 
     perform their duties as skillfully as Magic Johnson makes a 
     no-look pass. The military strongly objected to this 
     provision, but Congress did not care. The president has 
     called the new policy unfair, but because it is part of a 
     larger bill that includes urgently needed funding for our 
     troops in Bosnia, he will sign it into law.
       Under current policy, military personnel with the HIV virus 
     are permitted to remain in the services as long as they are 
     able to perform their duties. If their health deteriorates, 
     the military initiates separation procedures and provides 
     disability benefits and continued health insurance coverage 
     for them and their dependents. So they can remain near health 
     care providers, military personnel with HIV are placed on 
     ``world-wide nondeployable status,'' which means that they 
     cannot be sent on overseas missions. Soldiers with other 
     serious chronic illnesses, such as severe asthma, cancer and 
     diabetes are also nondeployable. In fact, only about 20% of 
     the more than 5,000 nondeployable personnel are infected with 
     HIV.
       The congressional authors of the new policy, led by Rep. 
     Robert K. Dornan of Orange County, argue that nondeployable 
     personnel degrade military readiness because they cannot be 
     sent overseas. However, their true motive appears to be less 
     lofty than protecting the readiness of our forces. The new 
     policy irrationally singles out military personnel with HIV. 
     If backers truly believe that nondeployable personnel harmed 
     readiness, why wouldn't they seek to oust soldiers with 
     diabetes and asthma? The only conceivable answer is that 
     readiness is not their real motivation. Their motivation is 
     discrimination, pure and simple.
       Can anyone seriously contend that 1,059 HIV-positive 
     soldiers--less than 0.1% of the total force--can meaningfully 
     affect readiness? The Pentagon doesn't think so. Its top 
     personnel policy expert, Assistant Defense Secretary Fred 
     Pang, recently wrote that ``as long as these members can 
     perform their required duties, we see no prudent reason to 
     separate and replace them. . . . The proposed provision would 
     not improve military readiness or the personnel policies of 
     the department.''
       If Magic Johnson can run and leap with the best of them, 
     why can't a military clerk file with the best of them, or a 
     military driver drive with the best of them?
       Perhaps the worst aspect of the new policy is its total 
     rejection of the compassion and camaraderie for which the 
     armed forces are rightfully praised. The United States of 
     America does not kick its soldiers when they are down. We 
     have a proud tradition of standing by those courageous enough 
     to dedicate their careers to the defense of our nation. That 
     tradition will end the day this new policy is enacted.
       Military personnel discharged under the new policy will 
     lose their jobs even if they exhibit no signs of illness. 
     They will lose their right to disability benefits and their 
     spouses and children will lose their health care coverage. 
     This policy is worse than wrong, it is un-American.
       The same day that President Clinton signs the bill that 
     includes this new policy, a bipartisan group of senators will 
     introduce legislation to repeal it. The president and our 
     senior military leaders support repeal. Despite their strong 
     support, the odds are unclear. But I am certain about one 
     thing: 

[[Page E234]]
     Those who vote ``no'' should take a good look in the mirror.

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