[Congressional Record Volume 152, Number 91 (Thursday, July 13, 2006)]
[House]
[Pages H5133-H5143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 9, FANNIE LOU HAMER, ROSA PARKS,
AND CORETTA SCOTT KING VOTING RIGHTS ACT REAUTHORIZATION AND AMENDMENTS
ACT OF 2006
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, by direction of the
Committee on Rules, I call up House Resolution 910 and ask for its
immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 910
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 9) to amend the Voting Rights Act of 1965. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived.
General debate shall be confined to the bill and shall not
exceed 90 minutes equally divided and controlled by the
Majority Leader and the Minority Leader or their designees.
After general debate the bill shall be considered for
amendment under the five-minute rule. It shall be in order to
consider as an original bill for the purpose of amendment
under the five-minute rule the amendment in the nature of a
substitute recommended by the Committee on the Judiciary now
printed in the bill. The committee amendment in the nature of
a substitute shall be considered as read. Notwithstanding
clause 11 of rule XVIII, no amendment to the committee
amendment in the nature of a substitute shall be in order
except those printed in the report of the Committee on Rules
accompanying this resolution. Each such amendment may be
offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. All points of
order against such amendments are waived. At the conclusion
of consideration of the bill for amendment the Committee
shall rise and report the bill to the House with such
amendments as may have been adopted. Any Member may demand a
separate vote in the House on any amendment adopted in the
Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
The SPEAKER pro tempore (Mr. LaHood). The gentleman from Florida (Mr.
Lincoln Diaz-Balart) is recognized for 1 hour.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, for the purpose of
debate only, I yield the customary 30 minutes to the gentleman from
Florida (Mr. Hastings), pending which I yield myself such time as I may
consume. During consideration of this resolution, all time yielded is
for the purpose of debate only.
(Mr. LINCOLN DIAZ-BALART of Florida asked and was given permission to
revise and extend his remarks.)
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, the rule provides 90
minutes of general debate, evenly divided and controlled by the
chairman and the ranking minority member of the Committee on the
Judiciary, and it also provides one motion to recommit with or without
instructions.
Mr. Speaker, I think it is appropriate to begin by quoting the 15th
amendment to the United States Constitution: ``The rights of citizens
of the United States to vote shall not be denied or abridged by the
United States or by any State on account of race, color or previous
condition of servitude.''
As enshrined by the 15th amendment, there really is no more
fundamental right in our democratic system than the right to vote.
However, the history of the United States is marked with occasions
where minorities were in multiple ways, and by multiple ways, blocked
from having their voices heard at the ballot box.
One of the great advancements in our American democracy was and is
the Voting Rights Act. This historic legislation was the first
comprehensive Federal statute to enforce minorities' constitutional
right to vote. The provisions of the 1965 Voting Rights Act provided
swift relief to those citizens who were victims of discriminatory
voting tactics and provided them access in a concrete and effective way
to the voting booth.
Since it was enacted, the Voting Rights Act has enfranchised millions
of racial, ethnic, and language minority citizens to have access to
that sacred right that is voting by breaking down barriers and
permitting increased minority participation in elections for candidates
at all levels of government.
After 41 years of breaking down walls, walls to participation in our
democratic process, the Voting Rights Act would soon expire if not
reauthorized. With this in mind, the Committee on the Judiciary began
hearings to determine whether the legislation is still needed. The
committee held 12 hearings on the reauthorization of the Voting Rights
Act, listening to testimony from State and local elected officials,
scholars, lawyers, representatives from the voting and civil rights
communities. The testimony and evidence presented before the committee
brought to light the fact that even though we have made great strides
to stop the discriminatory practices of the past, there still is ample
evidence that minorities today face discriminatory practices at the
ballot box.
Mr. Speaker, in my community for decades we saw the voting power of
minorities diluted to the point that they were for many years unable to
elect the representatives of their preference. The Voting Rights Act
helped correct that wrong, helped enfranchise countless citizens into
our democratic political system. The underlying legislation will
reauthorize the expiring provisions of the Voting Rights Act for 25
years.
I would like to point out one provision which I think is very
important, especially to my community, as well as communities
throughout the country. The bill extends section 203, the existing
language assistance requirements that provide that election materials
be provided in select languages in covered jurisdictions. These
provisions of the Voting Rights Act require that non-English voting
materials be made available in jurisdictions where 5 percent of the
citizen voting age population consists of a single language, limited
English proficient minority and in which there is a literacy rate below
the national average, or more than 10,000 citizens who meet those
criteria reside. These provisions, brought out in the hearings, cover
approximately 12 percent of the counties in the United States. It
certainly has benefited the counties that I am honored to represent.
[[Page H5134]]
The bilingual language assistance provisions play a critical role in
assisting both native-born and naturalized citizens to fully
participate in our democratic form of government. Older residents, Mr.
Speaker, who have been legal residents of the United States for many
years when they apply for citizenship, they are exempt when they take
their citizenship exam to become United States citizens. They are
exempt under our law from the English requirements. In other words,
they take those elderly legal residents of the United States who have
been here for many, many years, they are allowed to take, if they so
wish, the naturalization exam to become a United States citizen in the
language of their origin.
In addition, many native-born citizens have limited English skills
because they primarily speak other languages and they require
assistance. These citizens should be given the opportunity to
understand the ballot. Whether it is a simple, but critically
important, choice between two or among candidates or a complicated
ballot initiative, those citizens of the United States should have the
opportunity to fully participate, fully understand what they are voting
on and that way be active participants in our democratic system. That
is what the legislation does.
Mr. Speaker, H.R. 9 was introduced by Chairman Sensenbrenner, Speaker
Hastert, Minority Leader Pelosi, and reported out of the Committee on
the Judiciary by an overwhelming vote of 33-1. It is good legislation,
and I am very proud to be bringing it to the floor today.
I hope and expect that we are going to see a very significant
bipartisan show of support for this legislation today. I think it is
fair and appropriate to commend Chairman Sensenbrenner for his
determination and his leadership and strength of character in moving
forward this legislation. And also the ranking member, Mr. Conyers, for
his hard work, diligence, and leadership as well on this legislation. I
know they put long hours into this process with determination,
perseverance, and extraordinary good faith.
I urge my colleagues to support both the rule and the underlying
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Florida. Mr. Speaker, I yield myself 8 minutes, and I
thank my friend from Florida for yielding me this time.
Mr. Speaker, before going into the substance of what we are doing
today, I would like to make note that a few weeks ago in the Rules
Committee when we were originally contemplating this bill, I offered an
amendment to the rule that would have extended general debate to 4
hours, ensuring that all Members, Republican and Democrat, were
afforded the opportunity to have their voices heard on the House's
actions today. My amendment, however, was defeated along a straight
party line, and I did not offer it again yesterday.
However, the majority provided 2 hours of general debate in the last
rule on their other circumstances, and they also provided 2 hours of
general debate on their politically driven flag-burning amendment.
{time} 1030
If the flag is the symbol of democracy, then the Voting Rights Act is
the very foundation on which that flag flies. It is both troubling and
telling that the majority is unwilling to extend today's debate beyond
90 minutes.
Mr. Speaker, as debate on this historic bill commences, I am reminded
of President Kennedy's words delivered to Congress in 1962 with the
first draft of what would later become both the Civil Rights and Voting
Rights Acts. President Kennedy wrote, and I quote, ``In this year of
the emancipation centennial, justice requires us to ensure the blessing
of liberty for all Americans and their posterity, not merely for
reasons of economic efficiency, world diplomacy and domestic
tranquility, but above all, because it is right.''
For African Americans, there exists a no more seminal piece of law,
other than the Civil Rights Act, than the Voting Rights Act. Today,
more than 40 years after its initial passage, Congress is again faced
with an historic decision to reauthorize this mandate.
Americans have come together over the years to denounce systematic
segregation and racism. Indeed, we have come a long way. But we cannot
become complacent and take for granted the liberties and rights which
this law provides and affords.
Today's discussion cannot only be about preserving the right to vote
for those of us who already enjoy it. It has to be about ensuring that
Americans from all walks of life and countries of origin are provided
with these very same rights.
There are some in this body who may argue or imply that the Voting
Rights Act is no longer needed. They may call for an end to the act's
preclearance and bilingual ballot requirements. Others may go so far as
to suggest that English proficiency be a precondition to voting.
For them, this is not a debate about fairness. It is about ideology.
With all due respect, Mr. Speaker, ideology has no place in today's
debate.
The Voting Rights Act was enacted to break down the walls built by
Jim Crow, not build them back up. There is no difference between a poll
tax, a literacy test or an English proficiency requirement as a
precondition to voting. All are draconian and targeted efforts to block
a specific group of people from voting and, I might add, people who are
registered voters and citizens of the United States.
Each attempt by a Republican Member to precondition minimum language
requirements with the right to vote, in my judgment, breathes new life
into a form of Jim Crow. Each attempt by a Republican Member to dilute
the influence of minority voters mocks longstanding legislative and
judicial precedent and mandates. When this happens, we are reminded why
this law still today is so critically needed.
We will hopefully extend the Voting Rights Act by 25 years today. We
should extend it beyond 100 years because some of the problems will
probably continue to exist that long.
The harsh reality remains that the suppression and disenfranchisement
of minority voters is still tolerated today. We saw it in Florida in
2000. We saw it in Ohio in 2004, and we will probably see it again in
2006 in November and in 2008 in some other State where people require a
victory regardless of the means to their end.
We should fear those who dismiss concerns, deny such problems exist,
and claim ignorance and naivete as reasons for the years of neglect.
These are the answers given by those who have sat idly by throughout
history when the rights and privileges of the weak and poor have been
trampled on by the powerful. These were the very answers given by those
who opposed the Civil Rights and Voting Rights Acts more than 40 years
ago. We will hear from their 21st century ideological soulmates later
today when we debate mean-spirited and morally dubious amendments.
I stand before you as a victim of decades of injustice rooted in
racial segregation. Through these eyes, I bore witness to the absolute
tyranny of those who stop at nothing to stop blacks from achieving
statutory equality and the right to vote. Through these eyes, I have
also seen hate and racism give way to tolerance and fairness.
When history judges our actions today, it will question whether or
not we met the expectations levied by those who have come before us.
Did we break down barriers or did we build up walls?
Did we start a chapter in American history aimed at addressing the
challenging of multiculturalism, prejudicial discrimination, and
blatant xenophobia, or permit the continued manifestation of these sad
realities in our country?
For years, Mr. Speaker, many of us have fought tirelessly to honor
the memories of civil rights advocates who came before us. It is their
shoulders on which I stand and my colleagues stand today, the shoulders
of Fannie Lou Hamer and Rosa Parks and Coretta Scott King and Sojourner
Truth and Frederick Douglass and Nat Turner and so many courageous
others, white and black. It is their successes which we seek to
emulate; their words through which we attempt to tie the past with the
present and inspire for the future.
Colleagues, do not use today as an opportunity to congratulate
ourselves.
[[Page H5135]]
Today is not a day of jubilation. New faces have been added to the
struggle, and that struggle continues. Any attack on their right to
vote is an attack on ours.
I urge my colleagues to support the underlying legislation and reject
any attempt to amend it. We should do this not for the partisan
benefit, but because, as John Kennedy said, ``It is right.'' Voting
rights is right.
Mr. Speaker, I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 3 minutes to
my colleague and good friend on the Rules Committee, Dr. Gingrey of
Georgia.
Mr. GINGREY. Mr. Speaker, I thank the distinguished vice chairman of
Rules for yielding.
Mr. Speaker, I rise today in support of the rule, and I would ask my
colleagues to join me in supporting it.
I am pleased that our committee allowed the opportunity to consider
four very important amendments that will fine tune the underlying
legislation, ensuring that it is equally applied to all States and
addresses the world as it is in 2006, rather than 1964.
Mr. Speaker, I would like to express my support for the amendment
offered by my colleagues from Georgia, Representatives Norwood and
Westmoreland. These amendments would ensure the constitutionality of
the underlying bill. And I would also like to encourage everyone to
support two very good amendments offered by Representative King of Iowa
and Representative Gohmert of Texas.
The underlying bill, as drafted now, aims to address voting patterns
and the world in 1964. Mr. Speaker, a lot has changed in 40-plus years.
Every State has seen changes in population and voter participation, and
we should have a law that fits the world of 2006.
In 1964, my home State of Georgia not only was behind other States in
voter participation, but also employed discriminatory tactics to
suppress minority voting rights. And therefore, Georgia was justifiably
subject to Voting Rights Act, section 5. However, in 2006, the
landscape of voter participation and the number of minority individuals
holding elective office is dramatically different.
In 1970, Mr. Speaker, there were 30 black elected officials in
Georgia. In 2000, there were 582 black elected officials. With respect
to types of elective office, African Americans have held and continue
to hold some of the highest leadership positions in the Georgia
legislature, county governments and municipal governments.
Today, Georgia's attorney general and labor commissioner, both State-
wide elected offices, are currently held by African Americans. Georgia
has four African Americans in our congressional delegation, tied with
California, New York and, yes, Mr. Speaker, Illinois, for the highest
number. Three of seven seats on the Georgia supreme court, including
the position of chief justice, are held by African Americans.
In fact, in Georgia the percentage of registered voters and voter
turnout are higher, let me repeat, higher among blacks than whites. So,
Mr. Speaker, I would put Georgia's record up against any, and I believe
that Georgia, like every other State in this Union, must be treated
equally with a Voting Rights Act that addresses the problems of 2006,
not 1966. And the Voting Rights Act must apply the same standards to
each and every State.
Again, Mr. Speaker, I want to encourage my colleagues to support this
fair and equitable rule. I also ask my colleagues to keep an open mind
as we debate four fair, commonsense amendments after today's general
debate. I believe we need to support these amendments and send to the
Senate a Voting Rights Act for the 21st century.
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 2\3/
4\ minutes to the distinguished minority whip from Maryland, my good
friend, Steny Hoyer.
Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of this bill and in opposition
to the four amendments which I perceive to be weakening. In particular,
I want to commend Congressman Watt, Congressman Sensenbrenner, the
chairman of the committee and, of course, the ranking member, Mr.
Conyers, for the extraordinary work that they have done to come
together on a bipartisan piece of legislation, reauthorizing key
provisions of the Voting Rights Act.
Let me add, too, the Members of the Congressional Black Caucus and
the Hispanic Caucus and the Pacific Caucus deserve our thanks for their
instrumental work on this bill and on these issues.
This legislation is a recognition that our democratic system is not
perfect. While our Nation has made tremendous strides in its ongoing
quest to guarantee the ideals of our Constitution, the specter of
discrimination still haunts us and our people.
And thus, we, the Members of this Congress, have a special
responsibility today to be vigilant in perfecting and protecting the
most fundamental expression of equality in any democracy, the right to
vote.
We must never forget our rights, though God-given, have been hard
won. Brave American citizens have been subjected to intimidation,
violence and, yes, even death, to secure the rights that are theirs
under the Constitution.
Our colleague, Congressman John Lewis, is a living testament to that
bravery. Forty-one years ago, John and his fellow marchers were
brutally attacked when they simply tried to cross the Edmund Pettus
Bridge in Selma, Alabama, on their way to Montgomery to register to do
what every American believes is a birthright, to vote.
The Declaration of Independence says that ``We hold these truths to
be self-evident, that all men are created equal and endowed by their
Creator with certain unalienable rights.'' That is what it says. This
legislation is about making it so.
The people who walked across the Edmund Pettus bridge and in millions
of places and had the courage to challenge rank injustice in their
peaceful actions still inspire us today.
Our Nation did the right thing 41 years ago. It is important for us
to do the right thing today.
I urge my colleagues, vote for the underlying bipartisan bill and
against those amendments which were offered, which will weaken our
commitment.
We must keep faith with the promise and requirements of our
Constitution. We must reauthorize these key provisions of the Voting
Rights Act.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 2 minutes to
my good friend, the distinguished gentleman from Pennsylvania (Mr.
Fitzpatrick).
Mr. FITZPATRICK of Pennsylvania. Mr. Speaker, the Voting Rights Act
of 1965 stands as one of the most important pieces of legislation ever
passed by this Chamber in its distinguished history. Today, the House
has a distinctive opportunity to reauthorize the expiring portions of
this landmark legislation for another 25 years.
The Voting Rights Act ensures that every American, regardless of race
or ethnicity, has the franchise to take part in our democracy, and it
is a direct response to new allegations of discrimination in our
Nation.
Over the course of this year the House Judiciary Committee conducted
12 hearings on claims of discrimination in our democratic process.
{time} 1045
The committee compiled over 8,000 pages of testimony and heard
stories of disenfranchisement from across the Nation. Mr. Speaker,
although our Nation continues to stand as the beacon of freedom and
democracy in the world, we can never lose sight of the need to protect
the rights of our citizens to take part in the democratic process that
has guided our Nation throughout our history.
The provisions of H.R. 9 will reaffirm our Nation's commitment to
protecting the rights of all Americans to elect their candidates of
choice so that every American is equally represented under the law.
This is a good bill, Mr. Speaker. It is a bipartisan bill. And I call
on all my colleagues to support this rule and final passage of the
legislation.
Mr. HASTINGS of Florida. Mr. Speaker, I am pleased to yield 2 minutes
to my colleague on the Rules Committee and my good friend from
Massachusetts (Mr. McGovern).
Mr. McGOVERN. Mr. Speaker, I thank my friend, the gentleman from
Florida, for yielding me this time.
Mr. Speaker, the Voting Rights Act is a historic piece of
legislation, one
[[Page H5136]]
that seeks to ensure that all our citizens can participate in this
democracy. And I want to commend Chairman Sensenbrenner and Ranking
Member Conyers for their work in crafting a bipartisan agreement to
reauthorize this act.
As Senator Kennedy often says, civil rights remains the unfinished
business of America. Today, Mr. Speaker, should be a day for us to come
together to celebrate the accomplishments of the Voting Rights Act, to
affirm the fact that it works, and to remind ourselves that our work is
not yet complete.
Instead, what the Republican leadership has done is to guarantee that
much of this debate will be divisive and ugly. They have decided that
it is more important to placate a small faction of their base than to
embrace a thoughtful, bipartisan agreement. And that is shameful. This
House should be doing everything possible to prevent discrimination and
to promote voting equality.
At the end of the day, Mr. Speaker, I hope we will pass this bill
without any of the poison pill amendments allowed by this rule. These
amendments will only weaken the Voting Rights Act in spirit and in
practice.
It has been just a few decades since many States and localities had
discriminatory regulations on the books, things like poll taxes,
literacy tests, and others. And, sadly, discrimination still exists in
America. It is essential that today we not turn back the clock, that we
not lose our focus, that we not declare ``mission accomplished.''
Mr. Speaker, it says a lot about the Republican leadership in this
House and their priorities that a carefully considered, thoughtful
bipartisan agreement was not good enough. It did not have to be this
way, and I urge my colleagues to reject any attempt to weaken the basic
civil rights of the American people.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 3 minutes to
my good friend, a champion for human rights wherever it is threatened
in the world and here in the United States as well, Mr. Chabot of Ohio.
Mr. CHABOT. Mr. Speaker, I thank the gentleman for his kind words. I
appreciate that.
Mr. Speaker, I want to take this opportunity to talk about the
importance of passing this rule today to consider H.R. 9, the renewal
of the Voting Rights Act.
I have the honor of serving as the chairman of the Subcommittee on
the Constitution; and since October of 2005, our subcommittee has held
12 hearings, heard from 47 witnesses, and compiled over 12,000 pages on
the Voting Rights Act. Obviously this is an important issue, and our
committee has devoted more time to this legislation than on any other
matter since I became the chairman of the Constitution Subcommittee 6
years ago.
The right to vote is one of the most fundamental and essential rights
we have as citizens. And the passage and renewal of the Voting Rights
Act, in my opinion, is absolutely vital.
H.R. 9 is a good bill, and I commend Chairman Sensenbrenner and the
other members of the full Judiciary Committee, and especially the
members of the Subcommittee on the Constitution, for their work on the
drafting of this legislation. I am also confident that the bill will
withstand constitutional scrutiny. The Supreme Court always looks very
closely at the record created by Congress when reviewing Voting Rights
Act claims.
Because of this analysis, we took the time to carefully review and
draft the bill. In addition to reviewing the temporary provisions of
the Voting Rights Act for another 25 years, it will also address two
detrimental Supreme Court cases that are inconsistent with the
congressional intent and purpose of the Voting Rights Act: the Bossier
Parish and Georgia v. Ashcroft cases. The bill will prevent
discriminatory voting laws from being passed and will ensure that
minority voters continue to elect the preferred candidate of their
choice. The bill will extend the Federal observer program but retire
the outdated Federal examiner program.
I also wanted to talk about the bipartisanship of H.R. 9. I have been
a member of the Judiciary Committee for 12 years now, and I will be
honest, there is not a lot that is agreed upon in that committee by
Republicans and Democrats, by conservatives and liberals. That is just
the nature of most of the issues we take up in that committee. But we
do agree on the importance of voting rights, and because of that
commitment, H.R. 9 passed the committee by a vote of 33-1. Thirty-three
to one.
I look forward to hearing from my fellow supporters of this
legislation and would personally like to thank Mr. Nadler for his
dedication and his commitment and sitting through the extensive
hearings that we had to create this particular bill. And I want to also
thank Chairman Sensenbrenner, Mr. Watt, and Mr. Conyers and urge my
colleagues to vote for passage of this rule and ultimately passage of
the bill.
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 3
minutes to my colleague on the Rules Committee, the distinguished
gentlewoman from California (Ms. Matsui), my friend.
Ms. MATSUI. Mr. Speaker, I thank the gentleman from Florida for
yielding me this time.
Mr. Speaker, the idea of one person, one vote, regardless of race,
background, or gender, is a fundamental principle of this Nation. The
practical application, however, is another matter. American history is
a testament to this fact. Despite the 15th amendment to the
Constitution, our history is filled with efforts to prevent people from
voting. Literacy tests, poll taxes, threats, and even violence, as my
colleague and dear friend Congressman John Lewis can attest.
The hundreds of thousands of men and women of the civil rights
movement also bear witness to the fact that through effort and sheer
determination, we can close the gap between the principle as enshrined
in the Constitution and the reality: the 1965 Voting Rights Act.
As President Johnson once said: ``The vote is the most powerful
instrument ever devised by man for breaking down injustice and
destroying the terrible walls which imprison men because they are
different from other men.''
Now we are here for the renewal of the Voting Rights Act. Democrats
and Republicans crafted a bipartisan bill. Supporters were prepared to
pass it weeks ago. But the majority leadership was thwarted by
opposition within their own party. Regrettably, the Voting Rights Act,
despite its storied history, apparently remains controversial among a
faction of the majority party.
The members of my caucus support full consideration of issues and
amendments. But it is disheartening that to permit a floor debate on
the Voting Rights Act reauthorization, a number of my Republican
colleagues demanded consideration of extremely inflammatory amendments,
ones which would essentially eviscerate the Voting Rights Act.
Most Members of this Chamber, Democrats and Republicans alike,
believe the Voting Rights Act long ago proved itself to be a force for
good in this country. It is disappointing that some still need
convincing.
I am particularly troubled by the amendment on the need for bilingual
ballots, especially on the heels of the divisive House and Senate
debates over immigration. That is why it is important to focus on one
salient fact: three quarters of those who use the language assistance
provision are native-born Americans and the rest are legally
naturalized citizens. So this amendment aims to restrict the rights of
fully law-abiding citizens of the United States.
Since being signed into law four decades ago, this landmark
legislation has successfully been used to confront discrimination at
the voting booth. But we still need the tools and resources of the
Voting Rights Act. It bridges the gap between the principle of one man,
one vote and the reality and will relegate that gap to the history
books.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 2\1/2\
minutes to the distinguished gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Speaker, I thank the gentleman for yielding.
The reauthorization of one of our country's seminal laws, the Fannie
Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act,
ensures that we continue to protect the voice of our Nation's
minorities.
The unprovoked attacked on March 7, 1965, by State troopers on
peaceful marchers crossing the Edmund Pettus Bridge in Selma, Alabama,
en route to
[[Page H5137]]
the State capital in Montgomery, provided a vivid demonstration of the
need for Federal legislation. Despite the existence of the 15th
amendment, sadly, many Southern States simply ignored the amendment by
passing egregious laws such as the poll tax, literacy tests, and
blatantly discriminatory redistricting.
The Voting Rights Act passed due to the leadership of President
Lyndon Johnson and Republicans and Democrats in Congress who overcame
these efforts to deny minorities the right to vote.
My wife and I had the distinct privilege of marching last year in the
40th anniversary march in Selma. It was an extraordinary experience for
us and a reminder of how far our country has come in the last 40 years
and how far we still have to go in our civil rights movement. The march
even included many figures in the civil rights movement, including
Congressman John Lewis of Georgia, who was beaten and almost left for
dead when he attempted to cross the bridge leading the original Selma
march.
Today, the party of Abraham Lincoln has a unique opportunity to
contribute to the progress that has been made in advancing civil rights
and narrowing the gap in minority voting rights.
Before relinquishing the floor, I want to address one controversial
provision in this legislation, section 203, which provides voting
assistance in other languages. While I am a strong supporter of making
English our country's official language, we need to recognize that when
it comes to voting, particularly for ballot initiatives, some citizens
can speak English but not read it. These are American citizens who own
the right to vote, but may need the assistance provided in section 203.
I applaud the leadership of Chairman Sensenbrenner and Congressman
Watt, and all the Members on both sides of the aisle who have brought
this landmark bill to the floor and urge support of this rule.
We need to defeat all amendments and pass this historic legislation.
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 1
minute to my good friend, the gentleman from Texas (Mr. Doggett).
(Mr. DOGGETT asked and was given permission to revise and extend his
remarks.)
Mr. DOGGETT. Mr. Speaker, while young Americans die abroad in the
name of democracy, some in this Congress scheme to undermine democracy
at home by not renewing key provisions in the Voting Rights Act. They
even seek a voter literacy test.
Blind to abuses here, one Congressman recently declared that ``I
don't think we have racial bias in Texas anymore.'' This shows not only
insensitivity and indifference, it shows why we need to renew
completely, without weakening amendments, the Voting Rights Act.
President Lyndon B. Johnson had the will and the courage to secure
passage of this fundamental guarantee even though he understood the
price that he and the Democratic Party would pay. Now it is not only
the law but the Administration's will to enforce that law that is at
stake. Overruling professionals at the U.S. Department of Justice,
political appointees disregarded obvious Voting Rights Act violations
in both the DeLay gerrymandering of Texas and the Georgia voter
identification law. The professional employees were vindicated by the
courts, but a third of the lawyers in the Voting Section of the Civil
Rights Division have left.
Renewing democracy abroad begins with renewing democracy at home.
The Washington Post published a series of articles that document the
politicization of the Civil Rights Division of the Department of
Justice under the Bush Administration: November 27, 2005, December 2,
2005, December 10, 2005, and January 23, 2006.
[From the Washington Post, Dec. 2, 2005]
Justice Staff Saw Texas Districting As Illegal
(By Dan Eggen)
Justice Department lawyers concluded that the landmark
Texas congressional redistricting plan spearheaded by Rep.
Tom DeLay (R) violated the Voting Rights Act, according to a
previously undisclosed memo obtained by The Washington Post.
But senior officials overruled them and approved the plan.
The memo, unanimously endorsed by six lawyers and two
analysts in the department's voting section, said the
redistricting plan illegally diluted black and Hispanic
voting power in two congressional districts. It also said the
plan eliminated several other districts in which minorities
had a substantial, though not necessarily decisive, influence
in elections.
``The State of Texas has not met its burden in showing that
the proposed congressional redistricting plan does not have a
discriminatory effect,'' the memo concluded. The memo also
found that Republican lawmakers and state officials who
helped craft the proposal were aware it posed a high risk of
being ruled discriminatory compared with other options.
But the Texas legislature proceeded with the new map anyway
because it would maximize the number of Republican federal
lawmakers in the state, the memo said. The redistricting was
approved in 2003, and Texas Republicans gained five seats in
the U.S. House in the 2004 elections, solidifying GOP control
of Congress.
J. Gerald ``Gerry'' Hebert, one of the lawyers representing
Texas Democrats who are challenging the redistricting in
court, said of the Justice Department's action: ``We always
felt that the process . . . wouldn't be corrupt, but it was.
. . . The staff didn't see this as a close call or a mixed
bag or anything like that. This should have been a very
clear-cut case.''
But Justice Department spokesman Eric W. Holland said the
decision to approve the Texas plan was vindicated by a three-
judge panel that rejected the Democratic challenge. The case
is on appeal to the U.S. Supreme Court.
``The court ruled that, in fact, the new congressional plan
created a sufficient number of safe minority districts given
the demographics of the state and the requirements of the
law,'' Holland said. He added that Texas now has three
African Americans serving in Congress, up from two before the
redistricting.
Texas Republicans also have maintained that the plan did
not dilute minority votes and that the number of
congressional districts with a majority of racial minorities
remained unchanged at 11. The total number of congressional
districts, however, grew from 30 to 32.
The 73-page memo, dated Dec. 12, 2003, has been kept under
tight wraps for two years. Lawyers who worked on the case
were subjected to an unusual gag rule. The memo was provided
to The Post by a person connected to the case who is critical
of the adopted redistricting map. Such recommendation memos,
while not binding, historically carry great weight within the
Justice Department.
Under the Voting Rights Act of 1965, Texas and other states
with a history of discriminatory elections are required to
submit changes in their voting systems or election maps for
approval by the Justice Department's Civil Rights Division.
The Texas case provides another example of conflict between
political appointees and many of the division's career
employees. In a separate case, The Post reported last month
that a team was overruled when it recommended rejecting a
controversial Georgia voter-identification program that was
later struck down as unconstitutional by a court.
Mark Posner, a longtime Justice Department lawyer who now
teaches law at American University, said it was ``highly
unusual'' for political appointees to overrule a unanimous
finding such as the one in the Texas case.
``In this kind of situation, where everybody agrees at
least on the staff level . . . that is a very, very strong
case,'' Posner said. ``The fact that everybody agreed that
there were reductions in minority voting strength, and that
they were significant, raises a lot of questions as to why it
was'' approved, he said.
The Texas memo also provides new insight into the highly
politicized environment surrounding that state's
redistricting fight, which prompted Democratic state
lawmakers to flee the state in hopes of derailing the plan.
DeLay and his allies participated intensively as they pushed
to redraw Texas's congressional boundaries and strengthen GOP
control of the U.S. House.
DeLay, the former House majority leader, is fighting state
felony counts of money laundering and conspiracy--crimes he
is charged with committing by unlawfully injecting corporate
money into state elections. His campaign efforts were made in
preparation for the new congressional map that was the focus
of the Justice Department memo.
One of two DeLay aides also under indictment in the case,
James W. Ellis, is cited in the Justice Department memo as
pushing for the plan despite the risk that it would not
receive ``preclearance,'' or approval, from the department.
Ellis and other DeLay aides successfully forced the adoption
of their plan over two other versions passed by Texas
legislators that would not have raised as many concerns about
voting rights discrimination, the memo said.
``We need our map, which has been researched and vetted for
months,'' Ellis wrote in an October 2003 document, according
to the Justice Department memo. ``The pre-clearance and
political risks are the delegation's and we are willing to
assume those risks, but only with our map.''
Hebert said the Justice Department's approval of the
redistricting plan, signed by Sheldon T. Bradshaw, principal
deputy assistant attorney general, was valuable to Texas
officials when they defended it in court. He called the
internal Justice Department memo, which did not come out
during
[[Page H5138]]
the court case, ``yet another indictment of Tom DeLay,
because this memo shows conclusively that the map he produced
violated the law.''
DeLay spokesman Kevin Madden called Hebert's
characterization ``nonsensical political babble'' and echoed
the Justice Department in pointing to court rulings that have
found no discriminatory impact on minority voters.
``Fair and reasonable arguments can be made in favor of the
map's merits that also refute any notion that the plan is
unfair or doesn't meet legal standards,'' Madden said.
``Ultimately the court will decide whether the criticisms
have any weight or validity.''
Testimony in the civil lawsuit demonstrated that DeLay and
Ellis insisted on last-minute changes during the Texas
legislature's final deliberations. Ellis said DeLay traveled
to Texas to attend many of the meetings that produced the
final map, and Ellis himself worked through the state's
lieutenant governor and a state senator to shape the
outcome.
In their analysis, the Justice Department lawyers
emphasized that the last-minute changes--made in a
legislative conference committee, out of public view--
fundamentally altered legally acceptable redistricting
proposals approved separately by the Texas House and Senate.
``It was not necessary'' for these plans to be altered,
except to advance partisan political goals, the department
lawyers concluded.
Jerry Strickland, a spokesman for Texas Attorney General
Greg Abbott, said he did not have any immediate comment.
The Justice Department memo recommending rejection of the
Texas plan was written by two analysts and five lawyers. In
addition, the head of the voting section at the time, Joseph
Rich, wrote a concurring opinion. Rich has since left the
department and declined to comment on the memo yesterday.
The complexity of the arguments surrounding the Voting
Rights Act is evident in the Justice Department memo, which
focused particular attention on seats held in 2003 by a white
Democrat, Martin Frost, and a Hispanic Republican, Henry
Bonilla.
Voting data showed that Frost commanded great support from
minority constituents, while Bonilla had relatively little
support from Hispanics. The question to be considered by
Justice Department lawyers was whether the new map was
``retrogressive,'' because it diluted the power of minority
voters to elect their candidate of choice. Under the adopted
Texas plan, Frost's congressional district was dismantled,
while the proportion of Hispanics in Bonilla's district
dropped significantly. Those losses to black and Hispanic
voters were not offset by other gains, the memo said.
``This result quite plainly indicates a reduction in
minority voting strength,'' Rich wrote in his concurring
opinion. ``The state's argument that it has increased
minority voting strength . . . simply does not stand up under
careful analysis.''
____
[From the Washington Post, Jan. 23, 2006]
Politics Alleged in Voting Cases
(By Dan Eggen)
The Justice Department's voting section, a small and
usually obscure unit that enforces the Voting Rights Act and
other federal election laws, has been thrust into the center
of a growing debate over recent departures and controversial
decisions in the Civil Rights Division as a whole.
Many current and former lawyers in the section charge that
senior officials have exerted undue political influence in
many of the sensitive voting-rights cases the unit handles.
Most of the department's major voting-related actions over
the past five years have been beneficial to the GOP, they
say, including two in Georgia, one in Mississippi and a Texas
redistricting plan orchestrated by Rep. Tom DeLay (R) in
2003.
The section also has lost about a third of its three dozen
lawyers over the past nine months. Those who remain have been
barred from offering recommendations in major voting-rights
cases and have little input in the section's decisions on
hiring and policy.
``If the Department of Justice and the Civil Rights
Division is viewed as political, there is no doubt that
credibility is lost,'' former voting-section chief Joe Rich
said at a recent panel discussion in Washington. He added:
``The voting section is always subject to political pressure
and tension. But I never thought it would come to this.''
Attorney General Alberto R. Gonzales and his aides dispute
such criticism and defend the department's actions in voting
cases. ``We're not going to politicize decisions within the
department,'' he told reporters last month after The
Washington Post had disclosed staff memoranda recommending
objections to a Georgia voter-identification plan and to the
Texas redistricting.
The 2005 Georgia case has been particularly controversial
within the section. Staff members complain that higher-
ranking Justice officials ignored serious problems with data
supplied by the state in approving the plan, which would have
required voters to carry photo identification.
Georgia provided Justice with information on Aug. 26
suggesting that tens of thousands of voters may not have
driver's licenses or other identification required to vote,
according to officials and records. That added to the
concerns of a team of voting-section employees who had
concluded that the Georgia plan would hurt black voters.
But higher-ranking officials disagreed, and approved the
plan later that day. They said that as many as 200,000 of
those without ID cards were felons and illegal immigrants and
that they would not be eligible to vote anyway.
One of the officials involved in the decision was Hans von
Spakovsky, a former head of the Fulton County GOP in Atlanta,
who had long advocated a voter-identification law for the
state and oversaw many voting issues at Justice. Justice
spokesman Eric W. Holland said von Spakovsky's previous
activities did not require a recusal and had no impact on his
actions in the Georgia case.
Holland denied a request to interview van Spakovsky, saying
that department policy ``does not authorize the media to
conduct interviews with staff attorneys.'' Von Spakovsky has
since been named to the Federal Election Commission in a
recess appointment by President Bush.
In written answers to questions from The Post, Holland
called allegations of partisanship in the voting section
``categorically untrue.'' He said the Bush administration has
approved the vast majority of the approximately 3,000
redistricting plans it has reviewed, including many drawn up
by Democrats.
Holland and other Justice officials also emphasize the Bush
administration's aggressive enforcement of laws requiring
foreign-language ballot information in districts where
minorities make up a significant portion of the population.
Since 2001, the division has filed 14 lawsuits to provide
comprehensive language programs for minorities, including the
first aimed at Filipino and Vietnamese voters, he said.
``We have undertaken the most vigorous enforcement of the
language minority provisions of the Voting Rights Act in its
history,'' Holland said.
Some lawyers who have recently left the Civil Rights
Division, such as Rich at the Lawyers' Committee for Civil
Rights Under Law and William Yeomans at the American
Constitution Society, have taken the unusual step of publicly
criticizing the way voting matters have been handled. Other
former and current employees have discussed the controversy
on the condition of anonymity for fear of retribution.
These critics say that the total number of redistricting
cases approved under Bush means little because the section
has always cleared the vast majority of the hundreds of plans
it reviews every year.
The Bush administration has also initiated relatively few
cases under Section 2, the main anti-discrimination provision
of the Voting Rights Act, filing seven lawsuits over the past
five years--including the department's first reverse-
discrimination complaint on behalf of white voters. The only
case involving black voters was begun under the previous
administration and formally filed by transitional
leadership in early 2001.
By comparison, department records show, 14 Section 2
lawsuits were filed during the last two years of Bill
Clinton's presidency alone.
Conflicts in the voting-rights arena at Justice are not
new, particularly during Republican administrations, when
liberal-leaning career lawyers often clash with more
conservative political appointees, experts say. The conflicts
have been further exacerbated by recent court rulings that
have made it more difficult for Justice to challenge
redistricting plans.
William Bradford Reynolds, the civil rights chief during
the Reagan administration, opposed affirmative-action
remedies and court-ordered busing--and regularly battled with
career lawyers in the division as a result. During the
administration of George H.W. Bush, the division aggressively
pushed for the creation of districts that were more than 60
percent black in a strategy designed to produce more solidly
white and Republican districts in the South.
These districts were widely credited with boosting the GOP
in the region during the 1994 elections.
Rich, who worked in the Civil Rights Division for 37 years,
said the conflicts in the current administration are more
severe than in earlier years. ``I was there in the Reagan
years, and this is worse,'' he said.
But Michael A. Carvin, a civil rights deputy under Reagan,
said such allegations amount to ``revisionist history.'' He
contended that the voting section has long tilted to the left
politically.
Carvin and other conservatives also say the opinions of
career lawyers in the section frequently have been at odds
with the courts, including a special panel in Texas that
rejected challenges to the Republican-sponsored redistricting
plan there. The Supreme Court has since agreed to hear the
case.
``The notion that they are somehow neutral or somehow
ideologically impartial is simply not supported by the
evidence,'' Carvin said. ``It hasn't been the politicos that
were departing from the law or normal practice, but the
voting-rights section.''
In Mississippi in 2002, Justice political appointees
rejected a recommendation from career lawyers to approve a
redistricting plan favorable to Democrats. While Justice
delayed issuing a final decision, a panel of three GOP
federal judges approved a plan favorable to a Republican
congressman.
The division has also issued unusually detailed legal
opinions favoring Republicans in at least two states,
contrary to what former staff members describe as a dictum to
avoid unnecessary involvement in partisan disputes. The
practice ended up embarrassing
[[Page H5139]]
the department in Arizona in 2005, when Justice officials had
to rescind a letter that wrongly endorsed the legality of a
GOP bill limiting provisional ballots.
In Georgia, a federal judge eventually ruled against the
voter identification plan on constitutional grounds, likening
it to a poll tax from the Jim Crow era. The measure would
have required voters to pay $20 for a special card if they
did not have photo identification; Georgia Republicans are
pushing ahead this year with a bill that does not charge a
fee for the card.
Holland called the data in the case ``very
straightforward,'' and said it showed statistically that 100
percent of Georgians had identification and that no racial
disparities were evident.
But an Aug. 25 staff memo that recommended opposing the
plan disparaged the quality of the state's information and
said that only limited conclusions could be drawn from it.
``They took all that data and willfully misread it,'' one
source familiar with the case said. ``They were only looking
for statistics that would back their view.''
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 2 minutes to
my good friend and distinguished leader from Minnesota (Mr. Kennedy).
Mr. KENNEDY of Minnesota. Mr. Speaker, I rise today to express my
support for reauthorizing the Voting Rights Act.
Before the passage of the Voting Rights Act of 1965, thousands of
citizens were denied their constitutional right to vote on the basis of
race. While the system has vastly improved, the need for the Voting
Rights Act remains.
A sacred right possessed by Americans is the right to choose their
government. That is why it is so important to pass the bill today, to
preserve the rights for all citizens. We have a moral obligation to
ensure that no citizen is ever denied their right to vote based on
race, creed, or color.
I am grateful for the strong leadership of Chairman Sensenbrenner,
who has never wavered in his commitment to the Voting Rights Act over
his entire career.
I thank the gentleman for yielding me this time.
{time} 1100
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 1\1/
4\ minutes to the gentleman from New York (Mr. Owens), who will be
leaving us, but will leave us with wonderful words, my friend.
(Mr. OWENS asked and was given permission to revise and extend his
remarks.)
Mr. OWENS. Mr. Speaker, the Voting Rights Act is just one great step
forward toward the movement of our Nation toward a more perfect Union.
This is a creation of Lyndon Johnson, a politician, a President of
unparalleled practical genius, who fashioned this to bring to the table
those people who had serious grievances.
We gave the world constitutional democracy. It is a great leap
forward for civilization. We can continue to lead civilization by
improving on this model.
Half the democracies of the world, by the way, right now, do have
provisions in their constitutions for representation of minorities. We
have spent $9 billion, at least $9 billion, some of you can correct me
if it is more, $9 billion in Kosovo, and Kosovo is still struggling
under a mandate to provide a constitution which guarantees
representation to the minority Serbs. Albanians are the majority there
now, and the Serbs need to be represented.
In Iran, they have a provision which allows for the representation of
Armenians and Jews. In Burundi, the Tutsi minority is guaranteed 40
percent of the seats in parliament. Across the world, these provisions
are made because they are practical provisions. They bring people to
the table and involve them in the process.
The only way we are going to solve the problem in Iraq is to make
certain we have something similar to a Voting Rights Act to guarantee
representation for all the minorities in Iraq.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 3 minutes to
the gentleman from south Florida (Mr. Mario Diaz-Balart), someone whom
I love like a brother.
Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I am excited to be
here supporting the reimplementation of the Voting Rights Act.
Let me give a little bit of recent history. You have heard a lot
about past history. In the State where I am from, in Florida,
redistricting was always a way that was used to discriminate against
minorities and to stop minorities from the opportunity to elect
candidates of their choice.
We all know that there is a substantial African American population
in Florida and a substantial Hispanic American population in Florida,
and yet, and I do not want to sound partisan, but the reality is that
one party controlled the State legislature for 122 years. During that
entire time, not once did they deem it necessary or important to create
one African American congressional district, one district for African
Americans so they could elect a candidate of their choice.
Finally, in redistricting before the 1992 elections, after a lot of
haggling, and I was involved in that redistricting and other Members
who were then in the State legislature who are now in Congress were
also involved, finally the then-majority party, the Democratic Party,
finally saw the wisdom to create one district where African Americans
could elect a candidate of their choice for Congress and one district
only where Hispanic Americans could elect a candidate of their choice.
We had to sue the State of Florida. We had to go to Federal court to
get more districts where Hispanics and African Americans could elect
candidates of their choice, and because of the Voting Rights Act and
because some of us sued the majority party in those days, which was the
Democrats, the courts agreed and created districts where three African
American Members of Congress were elected, serving in this wonderful
body. One of them is leading the effort on that side of the aisle for
the implementation of this Voting Rights Act again, and two districts
where Hispanic Americans could elect candidates of their choice.
We are not talking ancient history. We are talking the need is still
there today. It is there. The need is still there today in Florida, as
a matter of fact.
We saw recently a group, mostly from outside of Florida, spending
millions of dollars, hundreds of thousands of dollars in Florida trying
to get something on the ballot. A group that supports multimember
districts for the State of Florida, which have been proven to be
discriminatory. The threat is still there. The need is still there.
That is why I am so grateful to Chairman Sensenbrenner for his
leadership on this issue not only now, but also in the past. I thank
Mr. Sensenbrenner.
It is a privilege to be here. I think it is an historic day because
we have the opportunity to extend this important act for many, many
years. It is right for the country, not only for minorities, but for
democracy and for the entire country.
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased that my
colleague took cognizance of the fact that Florida still needs help;
and I would remind him that it is a Republican majority there now.
Mr. Speaker, how much time remains for each side?
The SPEAKER pro tempore. The gentleman from Florida (Mr. Hastings)
has 12\1/4\ minutes remaining. The gentleman from Florida (Mr. Lincoln
Diaz-Balart) has 8 minutes remaining.
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 1
minute to the distinguished gentleman from North Carolina (Mr.
Butterfield), a former voting rights attorney.
(Mr. BUTTERFIELD asked and was given permission to revise and extend
his remarks.)
Mr. BUTTERFIELD. Mr. Speaker, let me first thank the leadership on
both sides of the aisle for their bipartisan work on this great,
historic legislation.
Mr. Speaker, this legislation was enacted weeks after I finished high
school in eastern North Carolina. At that time, there were no black
elected officials and no prospect of electing minorities to office.
There was the literacy test and at-large elections and staggered
terms and numbered seats. These were all devices that were used to
disenfranchise the African American community. The Voting Rights Act
has made a difference.
Section 2 has enabled minority communities to require significant
changes in election procedure through legal action.
Section 5 has been the safety valve that has prevented jurisdictions
from
[[Page H5140]]
changing their procedures to further dilute the minority vote.
In my congressional district, in 1965, there were no black elected
officials. Today, Mr. Speaker, I count 302. It was the Voting Rights
Act that made it happen.
I support the rule, Mr. Speaker, and I support the underlying
legislation. I urge my colleagues to defeat the amendments and pass
this legislation into law.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield 5 minutes to
my good friend from Georgia (Mr. Norwood).
(Mr. NORWOOD asked and was given permission to revise and extend his
remarks.)
Mr. NORWOOD. Mr. Speaker, I thank the gentleman for the time.
Mr. Speaker, I certainly thank Chairman Dreier for making my
amendment in order under this rule. I rise today in support of this
rule, in support of the VRA, and against H.R. 9 as it presently is
written.
We should all understand that in 1965, 40 years ago, when the VRA was
written, part of it was intended to be permanent law and part of that
bill was meant to be temporary.
The Voting Rights Act was needed in 1965, and it was a good bill. It
enabled all citizens to be able to vote unencumbered. I strongly
believe in that.
Now, 40 years later, we are not trying to remove the temporary part
of this bill, meaning 4, 5 and on, but later this morning we are going
to try to amend section 4 of the Voting Rights Act so that it may be
updated, modernized and actually brought into the 21st century.
Only section 4 of the temporary part of the Voting Rights Act are we
trying to amend. Section 4 of the VRA is the formula or the trigger
mechanism that determines which jurisdiction, whether it be city,
county or State, that has broken the rules and, therefore, is to be put
in the penalty box of section 5. This is the section that puts
jurisdictions under the heavy hand of the Justice Department, the
preclearance section of the bill.
The trigger section occurs when less than 50 percent of citizens of
voting age do not vote in Presidential elections. To determine if you
will be under section 5 of the VRA, the elections used are 1964, 1968
and 1972, elections 40 years ago, presidential elections between
Goldwater and Johnson. Only those who violated section 4 during those 8
years are under preclearance today. H.R. 9 wants to extend that 25 more
years, using 40-year-old data, applied to the same jurisdictions, no
matter how good their voting record is today.
H.R. 9, it does not seem to matter that many other jurisdictions
around the country have also violated section 4 of the Voting Rights
Act, even in this century. Those violations are not looked at generally
by anyone.
My amendment, that we will have later today, changes that and updates
section 4 to use the election years of 1996, 2000 and 2004. It will be
incumbent upon the Attorney General, and he is so instructed, or she,
to look at all jurisdictions in all States, and this information is to
be reviewed after each Presidential election, using the latest three
Presidential elections.
If you violate section 4, you are and you should go to the penalty
box, which is the preclearance section. If you are in the penalty box
and have not violated section 4 in the last three Presidential
elections, you get to come out of the penalty box. It is that fair, it
is that just, and it is just that simple.
Listen carefully now. The authors of H.R. 9 are going to give you
many reasons why my lovely State of Georgia should stay in the penalty
box, even though we have one of the absolute best voting records in the
country of electing black Georgians and black voting and black
registration, but I bet we do not hear them talk about that.
The truth is that under my amendment all Georgia jurisdictions stay
under preclearance. Under my amendment all Georgia jurisdictions,
meaning counties, stay under preclearance, except 10 counties out of
159, even though all of Georgia will be treated as if we are still
under section 5.
They are not going to mention that 837 jurisdictions today in 16
States are under preclearance, but if my amendment were to pass, over
1,000 jurisdictions in this country will be under preclearance in at
least 39 States.
I think that black Georgians who have protections under the law
should give those same protections to black Tennesseeans.
Mr. Speaker, I am going to talk about this all day. I appreciate the
time.
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 1
minute to the distinguished gentlewoman from Michigan (Ms. Kilpatrick),
my good friend.
Ms. KILPATRICK of Michigan. Mr. Speaker, I want to thank Chairman
Sensenbrenner and Ranking Member Conyers, from my great State of
Michigan, for your leadership, sir, thank you very much, and to thank
the Speaker and Nancy Pelosi for bringing this legislation to the
floor.
The Voting Rights Act of 1965, 41 years ago, has made America a
stronger nation. Today, I rise in support of the rule that brings it to
the floor and allows us to have this debate.
The preclearance portion of the amendments that we will be debating
today allows the courts to go into jurisdictions that have a history of
discrimination of voter irregularity, of violations. We must preserve
that preclearance portion of the Voting Rights Act.
It is important today, it was important 41 years ago, and it allows
our voting systems and all Americans to have access to clean, fair
voting procedures so that the process and America's greatness can
continue.
So I rise in support of the Voting Rights Act itself. It must be
renewed, the provisions that we will be talking about today; and I ask
that all America call your congressman or congresswoman and tell them
today to vote ``yes'' in reauthorizing the Voting Rights Act.
Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 1
minute to my good friend the distinguished gentlewoman from California
(Ms. Solis).
Ms. SOLIS. Mr. Speaker, today, I rise in strong support of H.R. 9,
the Voting Rights Act, as passed by the Judiciary Committee, and in
strong opposition to any amendments which would attack Americans' right
to vote.
The right to vote is the foundation of our democracy. The Voting
Rights Act has advanced the rights of all Americans. Latinos and other
minority voters have greater voice today because of the Voting Rights
Act.
In 2004, a record number of 7.5 million Latinos cast a ballot for
President, compared to 2 million in 1976.
We must continue protecting the rights, including section 203, which
provides tax-paying U.S. citizens with limited English proficiency with
needed language assistance. Section 203 ensures that all citizens have
a right to cast an informed ballot and integrates non-English-
proficient citizens into a system of democracy. It protects voters from
discrimination and ensures a fair and equal voting process for all
voters.
I urge all of my colleagues to support the reauthorization of the
Voting Rights Act, as passed by the Judiciary Committee, and I oppose
any amendments.
{time} 1115
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I would inquire as
to the remaining time.
The SPEAKER pro tempore. The gentleman has 3 minutes.
Mr. HASTINGS of Florida. How much time do I have, Mr. Speaker?
The SPEAKER pro tempore. The gentleman has 9\1/4\ minutes.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I reserve the
balance of my time.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Watson).
Ms. WATSON. Mr. Speaker, the passing of the 1965 Voting Rights Act is
a crowning achievement of Congress and the civil rights movement. Some
say that we no longer need a Voting Rights Act, that 41 years is
enough.
Others want to water down key expiring provisions in order to weaken
the act. Yes, we have made considerable progress in the last 41 years.
However, much work needs to be done. The sad fact is that in every
national election since Reconstruction, in every election since the
Voting Rights Act passed in 1965, American voters have faced calculated
and determined efforts by persons and groups whose goal is to deny
[[Page H5141]]
them the most fundamental right, and that is the right to vote.
Gone are the days of poll taxes and literacy tests. Today, however,
intimidation, threats, innuendo and deception are still used to
discourage voter turnout. The list of strategies used to deny Americans
their right to vote is long and varied. Please vote for this bill,
attack and reject the amendments.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1 minute to the
gentleman from Maryland (Mr. Ruppersberger).
Mr. RUPPERSBERGER. Mr. Speaker, I stand in support of H.R. 9, the
Voting Rights Act. August 7, 2006, will mark the 41st anniversary of
the Voting Rights Act of 1965. The Voting Rights Act has been one of
the most effective civil rights laws in granting access to the ballot
boxes for all Americans.
Congress enacted the Voting Rights Act in response to persistent and
purposeful discrimination through literacy tests, poll taxes,
intimidation, threats and violence.
The Voting Rights Act has enfranchised millions of racial, ethnic,
and language minority citizens by eliminating discriminatory practices
and removing other barriers to their political participation.
I want to make one point. I have been to Iraq and Afghanistan on many
occasions in my capacity on the intelligence committee. U.S. soldiers
of all races, religions are fighting every day in harsh climates to
risk their own lives to bring basic freedoms to other people, and they
are being told that they are doing what is right: fighting for freedom,
justice, and liberty.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1 minute to my
classmate and good friend, the gentleman from California (Mr. Becerra).
Mr. BECERRA. Mr. Speaker, we should be proud, because in this country
we look back at our history so that we may move forward wisely into the
future. The Voting Rights Act is proof positive that America learns
from its history.
Today, more Americans from every corner of our Nation, whatever their
race, creed, or color may exercise their right to vote. But, Mr.
Speaker, I said more, not all, Americans can exercise that right. Just
2 weeks ago, the United States Supreme Court confirmed that fact when
it rejected Texas's redistricting map because it disenfranchised
thousands of Latino voters.
Mr. Speaker, we know why we have the Voting Rights Act. We know what
history has taught us. We believe that we must look to the future, and
we must not only reaffirm our belief in the Voting Rights Act, but
reaffirm it completely and absolutely. We must reject the amendments
which would undermine what has been a tremendous accomplishment in
America's history of moving all people in America forward to exercise
their right to vote.
Support this bill. Defeat the amendments. Let's move forward with the
Voting Rights Act.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1 minute to the
distinguished gentlewoman from Ohio (Mrs. Jones), a former judge.
Mrs. JONES of Ohio. Mr. Speaker, the death of my oldest sister a week
ago Sunday took me back to Clanton, Alabama, the roots of my family.
Clanton is about 40 miles from Selma, Alabama, and it made me remember
all of the things that my family had been through not having the
opportunity to vote.
I stand here today saying to you that the Voting Rights Act must be
reauthorized. And I will say to those of you who want to use 2000 and
2004 as cites for why we should do reclearance on voting, should not
use those years, because we all know what happened in 2000 and 2004.
Mr. Speaker, I bring to the attention of my colleague from Georgia
that only recently a Federal court and a State court found that the
identification requirements set forth by the State of Georgia are just
like having a poll tax, and that we cannot let Georgia out of
preclearance.
Vote in support of the Voting Rights Act.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1 minute to the
gentleman from Georgia (Mr. Scott).
Mr. SCOTT of Georgia. Mr. Speaker, it is very important that we
understand, and I want to direct my remarks to the remarks of my
distinguished colleague from Georgia, Congressman Norwood, who is a
very good friend.
But, unfortunately, Congressman Norwood is dead wrong in his
amendment and his approach. When he talks about Georgia's record, he is
dead wrong with that record.
While, yes, we have made some progress in Georgia, I am a living
testimony to that, the fundamental question of the Voting Rights Act is
not if there has been progress made. The question is will that progress
be in risk of being undone if we do not have the Voting Rights Act?
And no State gives clearer evidence that progress will be undone than
my own State of Georgia. Georgia leads this Nation in the violations of
the Voting Rights Act in the last 25 years. No more glaring example
than what is currently now whistling through the newspapers and
whistling through this Nation, and that is the voter ID bill that has
been passed in Georgia. Twice it has come up and twice it has been
ruled as discriminatory.
Yes, we have made progress. But my dear friend from Georgia, we have
a much longer progress to go, and we desperately need to keep section 5
covered.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Waters) who has been a leader in this
fight for a substantial number of years.
Ms. WATERS. Mr. Speaker, Members, today this country will witness a
debate on the floor of Congress that will remind America of the
continuing struggle of African Americans and minorities to seek justice
in our country.
I have a hard time explaining to my constituents and African
Americans all over this country why we must reauthorize the Voting
Rights Act. They say to me, well, we thought we had done away with poll
taxes; we thought we had done away with intimidation. Well, let me just
say, we have all kinds of obstacles being placed in our way. It is the
same game with a different name.
So we stand here today to protect the fight and the struggle of our
ancestors who insisted that we take part in this democracy and we have
the right to vote. And despite the new tricks and the new laws and the
new procedures, we must say to those who continue to try, you must go
before the Justice Department and get preclearance before you can
initiate laws and practices that would place obstacles in our way.
This is a good debate for America today. I stand in the struggle to
protect our right to vote.
Mr. HASTINGS of Florida. Mr. Speaker, how much time do I have
remaining?
The SPEAKER pro tempore. 3\1/4\ minutes.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1\1/4\ minutes to the
gentlewoman from Florida (Ms. Corrine Brown), who is also my classmate
and one of the three African Americans that was elected as a result of
the Voting Rights Act, the first in 129 years in our State of Florida.
Ms. CORRINE BROWN of Florida. Mr. Speaker, I rise in strong support
of a clean voting rights bill. Let me say that those people that
question whether we need a voting rights bill or not, I have to remind
you of Florida 2000, where in my district 27,000 votes in my precinct
were thrown out. 27,000. And you know they say the President won by
535.
But we have a long list of voting rights violations, and it goes on
and on. But there is one that stands out in my mind. Florida Governor
Jeb Bush spent $4 million of taxpayer money to purge a list of 40,000
suspect felons from the rolls across the State, with zero consideration
of accuracy. Later we found out that these people were eligible to
vote; but when they went to vote, they were turned away.
Another reason, as my colleague said, I was one of the first African
Americans elected to Congress in 129 years. Let us pass the Voting
Rights Act and not have another Supreme Court coup d'etat in America.
Mr. HASTINGS of Florida. Mr. Speaker, I yield myself the remaining
time.
Mr. Speaker, as I said earlier today, this is not a period for
jubilation. We do not have to come here and congratulate ourselves for
the reason that suggests that history is our best judge.
[[Page H5142]]
I also said that through these eyes I have seen the tyranny of
racism. And through these eyes I have seen this great Nation change and
become more tolerant. But to suggest that we have arrived at a point
where we no longer would need the Voting Rights Act and measures that
protect minorities would be foolhardy.
The harsh reality remains that the suppression and disenfranchisement
of minority voters is still tolerated. We saw it, as Ms. Brown just
said, in 2000. We saw it, as Ms. Tubbs Jones just said, in 2004 in
Ohio. And the likelihood is that we will see it in 2006 and 2008 in
some other State where it seems that those in the majority require a
victory regardless of the means to their end.
We should fear those who dismiss concerns, deny such problems exist,
and claim ignorance and naivete as to the reasons for years of neglect.
These are the answers given by those who sat idly by throughout history
when the rights and privileges of the weak and poor have been trampled
on by the power.
When history judges our actions today, it will question whether or
not we met the expectations levied by those who have come before us:
Did we break down barriers or build up walls? Did we adhere to the
Biblical admonition that we are our brother's keeper?
General Leave
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I ask unanimous
consent that all Members may have 5 legislative days within which to
revise and extend their remarks on H. Res. 910 and insert extraneous
material thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield myself the
balance of our time.
Mr. Speaker, I am very proud to have brought forth this legislation
today. It is historic legislation. The Voting Rights Act was one of the
great advancements of American democracy, something that we all should,
and I think we do, feel very proud about. And we are bringing it forth
today, we are extending it for 25 more years, because more work needs
to be done, even though there has been extraordinary progress in the
last 40 years in this country.
I want to thank again Chairman Sensenbrenner. I admire him. I think
he has done an extraordinary job facing great pressures. Of course he
is such a man of character, the pressure does not even get to him.
{time} 1130
I admire him for that and many other qualities. Again, I thank
Ranking Member Conyers and all those who have worked hard to bring this
legislation forward. I think we are all cognizant of the historic
nature of what we as the House of Representatives are doing today.
And so I would urge support for this rule, which is fair. It makes in
order some amendments that I oppose, but I think it is appropriate that
the House be able to debate even items that many of us in the Rules
Committee don't agree with. But we are going to have a fair debate
today.
Mr. DREIER. Mr. Speaker, last week, we celebrated the 230th
anniversary of the revolutionary declaration that gave birth to our
country. All of us here, and Americans from coast to coast, fan recite
the first ``self-evident truth'' proclaimed in that historic document.
That ``all men are created equal.''
Mr. Speaker, given this truth, it is one of our Nation's great
tragedies that a struggle for equality had to take place at all. And
more tragic still that it led to so much suffering and bloodshed.
The United States fought a civil war to abolish the heinous system of
slavery. The United States ratified the 15th Amendment in 1870 to
prohibit denying the right to vote on the basis of race or color. Yet,
inequality persisted. Jim Crow laws perpetuated the most unequal
treatment of blacks, and disenfranchisement of blacks at the voting
booth was commonplace. Without mercy, subjugation by race continued in
many parts of the country.
Out of tremendous hardship and unjustness rose a powerful and
peaceful force for civil rights in the 1960s. These American heroes
included Martin Luther King Jr. and our colleague from Georgia, John
Lewis. Their cause--forcing our Nation to live up to its founding
ideals--moved millions and gained strength despite racism, threats and
murder.
Mr. Speaker, on March 7, 1965, Mr. Lewis led 600 people in a peaceful
protest in Selma, Alabama. Their plan was to march to Montgomery. As
many of us can recall with disgust and shame, they didn't make it. And
in their blood and courage was borne the national call for the 1965
Voting Rights Act--to once and for all correct 95 years of failure to
uphold the 15th Amendment.
Today, we will honor the civil rights movement, we will honor our
God-given right to be treated equally and we will protect the most
basic exercise of our democracy by extending the Voting Rights Act.
This is a bipartisan, bicameral piece of legislation that received
nearly unanimous support at the Committee level. I want to thank the
leadership, both Republican and Democrat, and Chairman Sensenbrenner
for their work to ring this to the floor.
While there would be every reason to hope and expect that this
extension would not be required 41 years after the original, the
Judiciary Committee, in their hours of hearings, found that the bill
was needed--and needed to be updated.
To protect minority voters, H.R. 9 upholds and strengthens the ``pre-
clearance'' provisions for districts to change their voting rules. And
it allows jurisdictions that have demonstrated lawful and fair voting
practices to become ``uncovered'' by the VRA.
Today we will also have the opportunity to vote on an amendment that
would support our common language by printing ballots in English. This
is a worthwhile debate to have. It is in no way contradictory to the
intent of the bill.
Basic comprehension of English is a requirement of citizenship for
immigrants and essential to reach for and achieve the American dream--
whether someone was born here or not.
I am proud to represent Americans of many, many national origins in
my home state of California. But we are all united by our freedoms, our
government and our language. It only serves to reinforce our unity and
our common bonds to have our ballots printed in our national language.
I want to make very clear that for anyone who might need help in the
voting booth, it is lawful and encouraged to have someone assist you.
Mr. Speaker, I am hopeful that today's proceedings on the floor will
not devolve into members casting aspersions on the motives of one party
or the other.
The progress we have made on civil rights over the last four decades
has been significant. If we are to confront inequalities that lie
before us--and if we are to confront the inequalities that lie ahead of
us--we must remain united and we must remain bipartisan.
I can assure members who might harbor any doubts, there is nothing
less than a total commitment on behalf of the leadership on this side
of the House to pass H.R. 9--to ensure voting rights for every single
American, from Maine to California. To suggest otherwise is offensive
and divisive.
While we labor to share the right of voting with millions around the
globe so they can know a life of liberty and equality, it is our duty
to protect the voting rights of our own citizens.
President Lyndon Johnson, in his moving and powerful address to
Congress just 8-days after the brutality at Selma, said: ``Every
American citizen must have an equal right to vote. There is no reason
which can excuse the denial of that right. There is no duty which
weighs more heavily on us than the duty we have to ensure that right.''
Mr. Speaker, we will uphold that duty today. I urge support of the
rule and the underlying legislation.
Mr. BACA. Mr. Speaker, I rise today in opposition to H. Res. 910, the
rule for the Voting Rights Reauthorization.
I rise in opposition to this rule because it allows the Voting Rights
Act to be weakened by amendments that would strip important provisions
from the bill.
Democrats and Republicans passed a Voting Rights Act Reauthorization
that strengthens and extends the Act's legacy for our future
generations out of the Judiciary committee.
Democrats and Republicans recognize that this Act is relevant to the
situations of millions of Americans.
In my district, the Inland Empire, a third of the residents don't
speak English as their primary language.
In my personal experience, my father, who was born, raised, worked
and raised a family in America, did not speak English well--yet he
deserved, as all Americans do, the right to vote.
We must renew the Voting Rights Act--we must not allow these
provisions to expire and thus disenfranchise hard-working Americans who
want to do their civic duty.
If America is to remain the democracy that has made it strong, all
voters must have the opportunity to cast a ballot they can understand.
But the King amendment allowed under this rule strikes the sections
re-authorizing the Section 203 bilingual ballot requirements.
[[Page H5143]]
Section 203 of the Voting Rights Act has made our Nation's democratic
ideals a reality by ensuring that eligible voters, regardless of
language ability, may participate on a fair and equal basis in
elections.
Three-quarters of those who are covered by the language assistance
provision are native-born United States citizens. The rest are
naturalized U.S. citizens.
It is well documented that language assistance is needed and used by
voters.
For instance, the U.S. Department of Justice has reported that in one
year, registration rates among Spanish- and Filipino-speaking American
citizens grew by 21 percent and registration among Vietnamese-speaking
American citizens increased over 37 percent after San Diego County
started providing language assistance.
In Apache County, Arizona, the Department's enforcement activities
have resulted in a 26-percent increase in Native American turnout in 4
years, allowing Navajo Code talkers, veterans, and the elderly to
participate in elections for the first time.
This amendment would effectively disenfranchise language minority
voters through the appropriation process.
Section 203 has always received bipartisan support from both
Democrats and Republicans in Congress and the White House.
Section 203 of the VRA requires that U.S. minority citizens who have
been subjected to a history of discrimination be provided language
assistance to ensure that they can make informed choices at the polls.
It does not offer voting assistance to illegal or non-naturalized
immigrants.
I urge my colleagues to oppose this rule and pass the strong and
relevant Voting Rights Act that America needs.
Mr. Speaker, cognizant of the historic nature of what we are doing
and strongly supportive of the legislation that we are bringing to the
floor today, I yield back the balance of my time and move the previous
question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________