E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, FEBRUARY 11, 1998 No. 10 Senate The Senate met at 9:30 a.m. and was cloture motion on the motion to pro- from Idaho, and a superb athlete, won called to order by the President pro ceed to S. 1601. If cloture is invoked, the gold medal, one of our first gold tempore (Mr. THURMOND). the Senate will debate the motion to medals in this Olympics in Nagano, proceed to the cloning bill. If cloture is Japan. Picabo Street, from the Sun PRAYER not invoked, the Senate can be ex- Valley area of Idaho, who was a silver The Chaplain, Dr. Lloyd John pected to resume debate on the medalist in the 1994 Olympics, brought Ogilvie, offered the following prayer: Massiah-Jackson nomination and then, home the gold. Gracious Father, our loving, for- at approximately 4 p.m. today, the giving Lord of new beginnings, we lis- I think all of us are extremely proud Senate can be expected to begin debate this morning of our country and our ten intently to Your assurance spoken on the nomination of Margaret Mor- through Jeremiah, ‘‘I have loved you athletes, and this fine woman athlete, row, of California, to be U.S. district Picabo Street, who some months ago with an everlasting love; therefore judge. with loving kindness I have drawn had major knee surgery, while she was I want to emphasize that even at the World Cup had a major accident, you.’’—Jeremiah 31:3. though we are going back to debate on We begin this day with these amazing but with tremendous guts and tenacity Massiah-Jackson, that does not mean words sounding in our souls. Can they and ability she is now one of our gold we will stay on that nomination all the be true? You judge our sins and forgive medalists and we are all proud. way until 4 o’clock. We will probably us. Your grace is indefatigable. It is I yield the floor. have some announcement later on this magnetic; it draws us out of remorse or morning about that matter, and how recrimination into reconciliation. You we would expect to handle it. Addi- f draw us to Yourself and we receive tional votes can be expected to occur healing and hope. during today’s session of the Senate. HUMAN CLONING PROHIBITION Now we are ready to live life to the ACT—MOTION TO PROCEED fullest. We are secure in You and there- As a reminder to all Senators, at 10 fore can work with freedom and joy. a.m. this morning a vote will occur on The PRESIDING OFFICER. Who We know Your commandments are as the cloture motion and we probably seeks the floor? Who yields time? The irrevocable as Your love is irresistible. will have a vote late this afternoon on Senator from California. the Morrow nomination. It appears at We have the strength to live Your ab- Mrs. FEINSTEIN. Mr. President, it is solutes for abundant life. We accept this time that would occur probably around 6 o’clock, even though we have my understanding that I have 15 min- Elijah’s challenge, ‘‘Choose this day utes. whom You will serve,’’ and Jesus’ man- not advised everybody that that is our The PRESIDING OFFICER. The time date, ‘‘Set your mind on God’s king- intent, or gotten an absolute commit- between now and 10 o’clock is evenly dom before everything else!’’—Matt ment, but I believe there will probably divided. 6:33;NEV. In His powerful name. Amen. be a vote about 6 o’clock on the Mor- row nomination. Mrs. FEINSTEIN. I thank the Chair. f I yield the floor. Mr. President, it is my intention to RECOGNITION OF THE MAJORITY Mr. CRAIG addressed the Chair. open the debate, then yield to Senator LEADER The PRESIDING OFFICER (Mr. MACK, then Senator THURMOND, and ALLARD). Who yields time? The PRESIDENT pro tempore. The then Senator KENNEDY for the remain- able majority leader, Senator LOTT of Mr. CRAIG. Mr. President, I ask der of my time. Mississippi is recognized. unanimous consent to proceed for a Mr. President, I urge the Members of f very brief time. The PRESIDING OFFICER. Without this distinguished body to vote no on SCHEDULE objection, is so ordered. cloture. I do so because I believe that by voting for cloture today we could do Mr. LOTT. Mr. President, this morn- f ing as previously ordered the Senate enormous harm. will resume debate on the cloture mo- PICABO STREET The technique involved here, somatic tion on the motion to proceed to S. Mr. CRAIG. Mr. President, I thank cell nuclear transfer, creates what are 1601, the cloning bill, with the time my colleagues for yielding but a brief called stem cells, which can be used for until 10 a.m. equally divided between moment for the Senate to recognize creation of tissue which has the same the two leaders or their designees. something that went on last night DNA as the person whose tissue it is. Also, as previously ordered, at 10 nearly halfway around the world while Therefore they are used as important a.m. a rollcall vote will occur on the all of us slept. A marvelous young lady adjuncts in cancer research; they offer

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S600 CONGRESSIONAL RECORD — SENATE February 11, 1998 important opportunities to overcome fected. Let us hear from the scientific kinson’s disease; multiple sclerosis; rejection of tissue in third-degree community that tells us whether this spinal cord injuries; liver disease; se- burns; to solve major problems inher- is the right thing to do or the wrong vere burns; muscular dystrophy; ar- ent in juvenile diabetes; for thing to do. I don’t make a suggestion thritis; and heart disease. osteoporosis; for Alzheimers; for Par- here that this is an easy decision to be Mr. President, there have been no kinsons disease; and for a host of other made. It is a very difficult one. But committee hearings on S. 1601 and, diseases. that’s all the more reason that you therefore, no opportunity for the med- Mr. President, there is no need to should vote against cloture and allow ical community to fully explain the rush to judgment. No one, I believe, in the process to take place—to have implications of this legislation. My this body, supports human cloning. input, to have discussion, to have un- daughter, Julie, suffers from diabetes, There is a scientific moratorium on derstanding. Then we then will be in a and I do not want her, or others like human cloning. The FDA has exercised position to try to make a decision her, to be denied the potential life sav- jurisdiction to prevent it. about what is the right thing to do. We ing benefits of research that this bill There is no need to rush to judgment. just say let the process work. Let there could restrict. But without the appro- This bill is less than a week old. There be input. priate committee hearings, we do not has been no hearing on it. There are no So I urge my colleagues to vote no on fully understand what these benefits definitions of critical terms in this bill. cloture and to support moving the may be. This is far too important an Let me quote what the American process forward. issue for us to rush this bill to the floor Cancer Society has said in a letter I thank the distinguished Senator without committee hearings. While we dated February 9: from California for yielding. can all agree that to replicate a human The American Cancer Society urges you to Mrs. FEINSTEIN. I thank the distin- being is immoral, we need to inves- oppose S. 1601, legislation that would pro- guished Senator for his comments. In- tigate this issue more thoroughly so hibit the use of somatic cell nuclear transfer. deed, they were very, very moving. I that we do not deny our citizens and The American Cancer Society agrees with can share my family story, although it our loved ones of any possible life sav- the public that human cloning should not is not as dramatic, Senator, as yours proceed at this time. However, the legisla- ing research. For this reason, I will not tion as drafted would have the perhaps unin- —I lost my husband to cancer, I lost support cloture on the motion to pro- tended effect of restricting critical scientific my mother, my father, my in-law’s. So ceed to S. 1601, and I strongly rec- research. The language could hamper or pun- I, in a sense, share this with the Sen- ommend that this bill be sent to com- ish scientists who contribute to our growing ator. I know in their last days how im- mittee so that the appropriate hearings knowledge about cancer. portant research is to patients and how can be held. Last evening I had printed in the willing they are to try new things. Life I yield the floor. RECORD a huge volume of letters from is critically important. Mrs. FEINSTEIN. Mr. President, I re- virtually every single patient group, 27 I thank the Senator for his com- serve the remainder of my time. Nobel prize winners, and industry ments. The PRESIDING OFFICER. The Sen- groups—all saying go slow, use cau- If I may, I allot 3 minutes of my time ator from Missouri. tion. to the distinguished Senator from Mr. BOND. Mr. President, how much I urge this body to vote no on clo- South Carolina. time is left on both sides? ture. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- If I may, now, I yield 3 minutes of my ator from South Carolina. ator from Missouri has 12 minutes and time to the distinguished Senator from Mr. THURMOND. Mr. President, I 30 seconds and the Senator from Cali- Florida. rise today to address an issue of great fornia has 3 minutes and 45 seconds. The PRESIDING OFFICER. The Sen- international concern. Since February Mr. BOND. Mr. President, I yield my- ator from Florida is recognized. 1997, when Scottish scientists suc- self such time as I may need. Mr. MACK. I thank the distinguished ceeded in cloning an adult sheep, the I urge my colleagues to vote yes on Senator from California for yielding world has been consumed with the cloture so that we may proceed to de- this time. I have prepared remarks issue of cloning. There are great social bate an issue which generates many that I have gone over with my staff and ethical implications of the poten- profound ethical and moral questions, that cover things like it is obvious that tial application of this procedure to to- ones which demand our immediate at- there is no medical or ethical justifica- tally reproduce human beings. Obvi- tention. tion for human cloning. We all under- ously, there is no acceptable justifica- Let me be quite clear. This bill does stand that. We also know there have tion for replicating another human not stop existing scientific research. I been no hearings. We know as well that being, and the bill before the Senate, S. am as concerned as anyone here about we have information from 27 Nobel lau- 1601, the Human Cloning Prohibition the need for research on a whole range reates who say we should not pass this Act, would ensure that such a proce- of diseases, things that can be perhaps legislation. We have letters from 71 pa- dure would never take place in this cured or at least dealt with by stem tient groups and scientific organiza- country. However, I am concerned that cell research, by many other tech- tions that say we should not do this. this bill may be written so broadly niques that are now in progress today. But let me say to my colleagues that that it will restrict future promising Our bill does not stop any of that re- I stand here this morning to make a research which could lead to improved search. special appeal. My father died of can- treatment or even a cure for many seri- Let’s be quite clear, our bill does not cer. My mother died of cancer. My ous illnesses. The Juvenile Diabetes stop any of that promising research brother died of cancer. I was diagnosed Foundation informs me that this bill now underway. The measure places a with cancer. My wife was diagnosed would prohibit promising stem cell re- very narrow ban on the use of somatic with cancer. Our daughter was diag- search that could make it possible to cell nuclear transfer to create a human nosed with cancer. produce pancreatic beta cells that embryo. That is what we are talking I say to my colleagues, I appeal to could then be transplanted into a per- about. Everybody said, ‘‘We agree we you, don’t get drawn into this debate son with diabetes. As a consequence, shouldn’t be creating a human embryo that we should pass this legislation be- many of the horrible complications of by cloning,’’ and that is what this bill cause we want to stand up and make a this disease, including kidney failure, does. statement that we are against cloning. blindness, amputation, increased risk Over the past week, we have had a lot We are all against human cloning. We of heart disease and stroke, and pre- of distortion and, unfortunately, in- are all against human cloning. What I mature death, could be eliminated. flamed rhetoric by some of the big spe- am asking you to do is to vote no on Likewise, I am informed by other rep- cial interests, the likes of which I have cloture so we will have an opportunity resentatives of the medical community not seen in my many years of public to hear from those patient groups that that this bill could prohibit research service. We have asked our opponents want to represent people like myself, into treatment of the following dis- on numerous occasions, we have sat represent families that have been af- eases and ailments: leukemia; sickle down with them, Senator FRIST, Sen- fected like my family has been af- cell anemia; Alzheimers disease; Par- ator GREGG, our staffs and I sat down

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S601 and said, ‘‘OK, if we all agree we would the Federal Government police This ‘bright line’ drawn by S. 1601 is the shouldn’t be creating a human embryo the implantation of these human em- line between the generation of a human zy- by cloning, how do you want to tighten bryos? gote—i.e., a totipotent one-celled embryo; the equivalent of a complete human body at it up?’’ By allowing the creation of cloned the time of conception—by the in vivo or in They are not willing to come forward test tube babies so long as they are not vitro union of haploid sperm and haploid egg, because there are some rogue sci- implanted, our opponents’ bill calls for and the generation of a human zygote by the entists, maybe some big drug compa- the creation, manipulation and de- artificial means known as somatic cell nies, big biotech companies, who want struction of human embryos for re- transfer (‘haploid’ means half the normal to create human embryos by cloning. search purposes. human complement of 46 nuclear chro- They think that would be a great way I have a letter that I will enter into mosomes [DNA], or 23. Only sperm and egg are haploid, while all other body cells—a.k.a. to be more profitable, to do some re- the RECORD from Professor Joel Brind, somatic cells—have 46 nuclear chromosomes. search on cloned human embryos. I Professor of Human Biology and Endo- ‘Totipotent’ means that the one-celled em- think that is where we need to draw crinology at Baruch College, The City bryo [zygote] is capable of giving rise to a the line. University of New York. He addresses completely differentiated human body, i.e., People say we want to have hearings. the question of stem cell research. I fully formed human being). In somatic cell We have had hearings on the whole quote from a portion of it: transfer, a zygote is artificially produced by the introduction of a diploid (i.e., containing issue last year. We have debated it, and Industry opponents also correctly point a full set of 46 chromosomes) nucleus from a it comes down to the simple point: Do out that S. 1601 would ban the production of body cell or a zygote, into an egg from which you want to say no to creating human human embryos for research or other pur- the nucleus has been removed. Thus, the bill poses entirely unrelated to the aim of embryos by cloning, by somatic cell clearly prohibits the generation of a human cloning a human being. And well it should nuclear transfer, or do you want to say, embryo by the artificial means of somatic . . . In fact, it is in this area of research and as my colleague from California would cell transfer, whether the procedure may be treatment, to wit, the generation of stem in her bill, ‘‘Oh, it’s fine to create strictly defined as cloning or not. (Note: It cells, from which replacement tissues or or- those human embryos by somatic cell may be argued that in vitro fertilization is gans could be produced for transplantation also artificial, however it is the artificial as- nuclear transfer, so long as you destroy into the patient from whom the somatic cell them, so long as you kill those test sistance of a natural process. A good analogy originally came, which is most important to would be the difference between growing or- tube babies before they are im- the biotech industry, for obvious reasons. dinary tomatoes in a greenhouse—artificial planted’’? For reasons just as obvious to anyone with assistance—and growing genetically engi- There are a couple problems, very any moral sense, such practices must be out- neered tomatoes—artificially produced indi- practical problems. Once you start cre- lawed, for otherwise, our society would per- viduals.) ating those cloned human embryos, it mit the generation of human beings purely Industry opponents also correctly point for the purpose of producing spare parts for out that S. 1601 would ban the production of is a very simple procedure to implant others, and thence to be destroyed. Some them. Implantation of embryos is human embryos for research or other pur- may call this a ‘‘slippery slope’’—I believe poses entirely unrelated to the aim of going along in fertility research now, ‘‘sheer cliff’’ would be more accurate. cloning a human being. And well it should, and it would be impossible to police, to Mr. President, I will add one other for the production of a zygote is the produc- make sure they didn’t start implanting thing. He said: tion of a human being, which would then be them. destroyed after use in research, or to gen- But even if the objectives of the bill . . . S. 1601 would, in fact, place real re- erate spare parts for the treatment of pa- strictions on stem cell research. Stem cell of my California colleague were carried tients suffering from a variety of ills. In fact, researchers would have to continue to work it is this area of research and treatment, to out, it would mean that you would be with somatic cell nuclear transfer tech- creating human embryos by cloning, wit, the generation of stem cells, from which nology in animal systems, in order to learn replacement tissues or organs could be pro- researching with them, working with how to transcend the need for producing duced for transplantation into the patient them and destroying them. Do we want zygotes first. However, this is no different from whom the somatic cell originally came, to step over that ethical line? I say no. from restricting cancer research by prohib- which is most important to the biotech in- It is not going to be any clearer 3 iting the injection of cancer cells into dustry, for obvious reasons. For reasons just months from now, 6 months from now human beings (instead of rats) and then test- as obvious to anyone with any moral sense, ing potential anticancer drugs on them. As a than it is now. What is going to be dif- such practices must be outlawed, for other- civilized society, we do have to live with wise, our society would permit the genera- ferent is that in 3 or 6 months, the meaningful ethical constraints or we end up rogue scientist in Chicago or others tion of human beings purely for the purpose with the likes of the Tuskegee experiment. of producing spare parts for others, and may well start the process of cloning Mr. President, I ask unanimous con- thence to be destroyed. Some may call this a human embryos by somatic cell nu- sent that this letter be printed in the ‘slippery slope’—I believe ‘sheer cliff’ would clear transfer. That is why we say it is RECORD. be more accurate. important to move forward on this bill. There being no objection, the letter What then? Does S. 1601 stop the field of stem cell research, with all its potential for If we bring this bill to the floor, we was ordered to be printed in the are happy to listen to and ask for spe- life-saving and life-extending treatment, in RECORD, as follows: cific suggestions from those who are its tracks? In a word, no. In fact one form of concerned about legitimate research, BARUCH COLLEGE, stem cell transplantation—bone marrow DEPARTMENT OF NATURAL SCIENCES, transplatation—has already been in wide use but we have been advised time and New York, NY, February 10, 1998. for years. Stem cells are body cells which are time again that there is no legitimate Hon. CHRISTOPHER BOND, primitive and undifferentiated, and capable research being done now in the biotech U.S. Senate, of giving rise to a variety of differentiated industry that uses somatic cell nuclear Washington, DC. cell types and/or tissues and/or organs. For transfer to clone and create a human DEAR SIR: This letter is written in support example, in a bone marrow transplant, the embryo as part of the research on any of S. 1601, which is designed to ban the transplanted cells give rise, in the recipi- of these diseases. ‘‘cloning’’ of human beings. I have placed the ent’s body, to the whole host of different We have heard from patient groups, word ‘‘cloning’’ in quotes, because, as types of white blood cells, red blood cells and claimed by opponents in the biotech indus- platelets. Stem cells are thus ‘pluripotent’— people who are very much concerned, try, the bill would technically ban more than capable of forming many different types of as we all are, about cancer, about juve- cloning, which, precisely defined, would be cells, but not an entire human being, as nile diabetes, cystic fibrosis, Alz- limited to use of somatic cells genetically would a totipotent cell or zygote. Of course heimer’s—the whole range of diseases. identical to an existing human being (includ- the most precise way to obtain stem cells, We can deal with those diseases. We ing an embryo or fetus). In other words, the especially if they are to be modified in order can deal with the research without bill closes a gaping loophole—to wit, the use to correct a genetic defect, is to first gen- cloning a human embryo. of cells whose DNA has been modified artifi- erate a whole embryo—such as by somatic The approach of my colleagues from cially, or use of a fertilized nucleus—that cell transfer—and then let it develop into a California and Massachusetts would would exist in the legislation, were it to be multicellular embryo, and finally harvest limited to cloning in its precise, technical the desired stem cells and throw the rest lead us down the slippery slope that sense. That is precisely why S. 1601 is a good away. Therefore S. 1601 would in fact place would allow the creation of masses of bill, because it adequately defines a ‘bright real restrictions on stem cell research. Stem human embryos as if they were assem- line’ in the establishment of appropriate cell researchers would have to continue to bly line products, not human life. How standards for stem cell research. work with somatic cell nuclear transfer

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technology in animal systems, in order to Mr. KENNEDY. I yield myself 21⁄2 stops people, like Dr. Seed, who have learn how to transcend the need for pro- minutes. proposed cloning human individuals ducing zygotes first. However this is no dif- Mr. President, as the Senator from dead in their tracks. ferent from restricting cancer research by No. 2: It creates a commission, 25 prohibiting the injection of cancer cells into California has pointed out, we have human beings (instead of rats) and then test- someone who doesn’t describe our posi- people, bipartisan, broadly representa- ing potential anti-cancer drugs on them. As tion accurately and then differs with tive of the American people, ethicists a civilized society, we do have to live with the position. And that is just what has on board, the very best scientists on meaningful ethical constraints, or we end up happened here on the floor of the U.S. board, social scientists on board and with the likes of the Tuskegee experiment. Senate. lay people on board. That commission Biotech industry opponents also point out First of all, the committee which will consider new technology, will con- that one form of somatic cell nuclear trans- fer has already been used successfully in the deals with these issues on public health sider cloning, will consider the next po- treatment of infertility. In particular, a zy- has not had 1 day, 1 hour, 1 minute of tential great advance that is out there gote produced the natural way—from the hearings on this legislation. The distin- with that ethical, theological and sci- union of sperm and egg—is used to supply a guished Senator, Senator BOND, has entific environment. diploid nucleus for transfer into a normal said, ‘‘Couldn’t we sit down and discuss What does this bill do? This bill does egg from which the nucleus has been re- these measures?’’ All we are saying is not stop any current research being moved. Who would need such a treatment?— a woman who has a genetic defect in her that a no vote gives us an opportunity done in in vitro fertilization, in stem mitochondrial, rather than in her nuclear to sit down in the committee and hear cells, in transplantation. And I chal- DNA. The mitochondria are the energy-pro- from the research organizations and lenge any scientist, because the sci- ducing parts of a cell, and we all inherit the ethicists to try and draft legisla- entific community and the private in- them from our mothers (from the non-nu- tion that is in the interest of the pa- dustry and all say, ‘‘No, we can’t stop clear part of the egg). If the mitochondrial tients of this country. science,’’ we need to involve that eth- DNA is defective the zygote will not be via- We have challenged those who sup- ical decisionmaking today—I do chal- ble, even if the nuclear DNA is fine. Hence, transfer of the viable nucleus into a port this legislation to mention one lenge any scientist who reads the word- denucleated egg from a normal donor will re- major research or patient group that ing in the bill to send me a peer-re- sult in a viable zygote. Fine, except that the supports their position. All we hear is viewed study that is banned by the offspring thus produced now has two biologi- about special interest groups that are wording of this bill. Read the bill. cal mothers, both having provided genetic going to benefit from this program. Do we eliminate all embryo research? material essential for the offspring’s sur- Do we consider the cancer society a No, only a single technique, that bal- vival. The legal nightmares following the use special interest group? Do we consider ance we have achieved between hope of this technology are easily envisioned, and the fact that it has already been done under- the American Heart Association, the and the potential opportunities for a scores the need for enacting the present leg- Parkinsons Action Network and the technique versus the ethical consider- islation without delay. Alzheimers Aid Society special interest ation and the science we have achieved I also wish to comment on alternative leg- groups? If they are special interest by looking at a single technique. islation which proposes to allow cloning or groups, we are proud to stand with We don’t eliminate all embryo re- artificial production of human embryos, pro- them. They know what is at risk. And search, just a single technique when vided they are destroyed and not permitted to be born or even implanted into a woman’s those who support this legislation have applied to the procedure when it clones uterus. Such legislation is worse than no leg- not been able to bring to the floor of a human embryo. That is the only islation at all. Permitting the destruction of the U.S. Senate reputable researchers area. innocent human life is abhorrent enough— who believe that research towards alle- Do we eliminate all of this tech- but to mandate it? viating human suffering will not be nique? Do we eliminate all of this so- Finally I report the essence of a conversa- curtailed by this legislation. matic cell nuclear transfer? Absolutely tion I had earlier today with some col- not. The Dolly experiments continue. leagues, concerning the matter at hand. This has been pointed out effectively They said that the banning of this tech- by the Senator from Florida and the The animal research continues in so- nology would only result in its pursuit be- Senator from South Carolina. This is matic cell nuclear transfer. yond the borders of the United States. I re- not a partisan issue. We all want to The only thing we eliminate is the plied by asking them to name any founda- have the best in terms of research for future application when this technique tion document or scripture for any civiliza- our families, for the American people is used only in the circumstance to cre- tion ever in history, in which was inscribed and for the world. ate a live cloned human embryo. All as a principle any version of ‘‘If you can’t animal research continues today. This beat’em, join ‘em’’? I implore you in the We are effectively cutting off oppor- strongest possible terms to resist at every tunities to advance biomedical re- is an untested procedure. It may be turn this product of corrupt mentality. search if we impose cloture today. harmful. It has not been proven to be Please feel free to contact me at any time Let’s give the committees the oppor- safe today. Shouldn’t we be looking at if I may be of any further assistance. tunity for full, open, informed, bal- it in animal models instead of taking it Sincerely, anced judgment and then come back to to the human population? That is what JOEL BRIND, Ph.D., the floor of the U.S. Senate and have a this bill does. Slow down. Let’s do that Professor, Human Biology and Endocrinology. debate on this issue. Don’t cut off one animal research before creating live Mr. BOND. I reserve the remainder of of the great opportunities for research cloned human embryos. my time. in this country by voting for cloture It is a tough issue. I don’t want to Mrs. FEINSTEIN addressed the slow down science and the progress of Chair. today. I reserve the remainder of our science, but I do think that we, as a so- The PRESIDING OFFICER. The Sen- time. ator from California. Mr. BOND. Mr. President, I yield 4 ciety, absolutely must recognize that Mrs. FEINSTEIN. Thank you. Mr. minutes to the Senator from Ten- not all science can proceed ahead with- President, I very much regret the fact nessee. out consideration by the American peo- that the Senator from Missouri has The PRESIDING OFFICER. The Sen- ple, without consideration of the eth- chosen to mischaracterize both my po- ator from Tennessee. ical implications. All of the hopes that sition and my bill. I hope we will have Mr. FRIST. Mr. President, I rise to have been mentioned in terms of curing a chance in committee to iron that support the underlying bill and hope disease projected into the future, I out. But at this time, I yield the re- that we will be able to proceed with a have those same hopes, but I also rec- mainder of my time to the distin- discussion of the bill today. No longer ognize that we can’t go totally on un- guished Senator from Massachusetts. can we divorce science from ethical charted courses. Science has been The PRESIDING OFFICER. The Sen- consideration. Science moves too fast abused in the past. We can look back at ator from Massachusetts. today. We see it, with what has re- Hitler and what Hitler did in the name Mr. KENNEDY. Mr. President, how sulted from Dolly with this cloning of science. We have to take these eth- much time do I have on this? procedure. Science and ethics must ical considerations and put them hand The PRESIDING OFFICER. The Sen- march hand in hand. in hand in the progress of science. ator from Massachusetts has 3 minutes What does this bill do? No. 1: It pre- Let me close and simply say, the and 13 seconds. vents cloning of a human being. It commission is vital to this legislation.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S603 We have to have a forum that is not on What is even more fundamental in The act of cloning a human being for the Senate floor, that is not just in the this discussion is the question of the the purposes of study, or for the pur- scientific communities, to address place occupied by the birth of a new pose of bringing new life into the world these issues. That is what this commis- child in our society. is intrinsically evil and should be abso- sion achieves. First it is worth noting that there is lutely prohibited. The PRESIDING OFFICER. The Sen- a symmetrical quality to the current Also, there is another dimension to ator’s time has expired. debate in our culture. And although this debate which is fraught with prob- Mr. FRIST. I yield back my time. the underlying philosophical premise is The PRESIDING OFFICER. Who lems and that is the rationale that will the same, the outcomes are radically develop should cloning be allowed. yields time? different. I believe it is one of the trag- But what few have mentioned in this Mr. ROTH. Mr. President, today, I edies of our times that in the midst of discourse is that implicit in the rush to rise to state my unequivocal support a culture which has allowed over 35 begin cloning human beings is the eu- for a federal ban on human cloning. million abortions to be performed over genic rationale that will ultimately de- However, I am uncomfortable with the the last twenty-five years, we now de- velop in support of it. Already, there hurried pace with which this issue is sire to create human life by our own are stories—what I would call horror being considered in the Senate. hands. On the one hand, we deny God’s The issue before us is both extremely stories—of people asking for specific creation, on the other, we seek to cre- complex and consequential. Regulating genetic attributes when deciding to ate life in our own image and deny God the very cutting edge of medical participate in in vitro fertilization. And yet again. This is tragic on both science will impact our fights against when we are able to shop for a baby in counts. nearly every category of disease, in- I personally believe, and 2,000 years the same way that we shop for a car; by cluding cancer, heart disease, blind- of Western tradition support this be- whimsically creating new life based ness, Parkinsons and Alzheimers dis- lief, that the birth of any child is an solely on our own personal convenience eases to name but a few. unmerited gift from God to a man and and satisfying our own personal desire, The United States must maintain its we effectively say: ‘‘God we do not need preeminent position as the inter- woman. Some in recent years, have given us a notion of a child as an object You anymore, we can do this our- national leader in biotechnological re- selves.’’ search, but do so while adhering to the merely for the fulfillment of a man and And that is just wrong. highest moral and ethical standards. woman’s personal desire. It should be Any prohibition of cloning needs to be reasserted though that a child is not Mr. President, it would be a serious very carefully constructed and tested and can never be an object merely for mistake and an abdication of our duty by public hearing to assure that both the fulfillment of a man and woman’s as responsible legislators to allow the of these goals might be fulfilled. personal desire. A child is a precious devaluation of human life that would The Food and Drug Administration and unmerited gift from God. God take place if we allowed for human has claimed authority to regulate this alone gives human life—but human cloning. There should be no human technology now, eliminating the need cloning usurps that role. And I do not cloning. Period. for immediate legislative action. believe that we can ever do that. Mr. President, as we continue to de- Knowing this, and with lives at stake, The creation of new life outside of bate this issue I would urge my col- I believe all Senators should have the man and woman is a gross distortion of leagues to examine the role of our gov- opportunity to benefit from a thorough the moral natural law. ernment in this debate and to then public examination of this proposal. Human cloning distorts the relation- reach the only conclusion possible: For these reasons, I will not support ship between man and woman by ne- that human cloning seriously threat- cloture on the motion to consider S. gating the necessity of either one in ens the dignity of human beings and it 1601 in hopes that this matter will be the creation of new life and con- is our responsibility to absolutely pro- further evaluated at the committee sequently also usurps the role of God in hibit human cloning and in so doing de- level. the creation of new life. Fundamen- cisively end debate on this issue once Mr. BROWNBACK. Mr. President, I tally, it alters the view of the child to and for all. rise to make a few remarks on the mat- the world in such a way that the child Mr. HATCH. Mr. President, I rise to ter of human cloning. is seen as something which can fulfill I believe that as the Senate debates the needs of an individual physically, offer some comments on the cloning this issue that is so fundamental to the emotionally or spiritually. This is an legislation that we are now debating. meaning and the essence of what it incorrect view and is a gross violation I think that this has been an impor- means to be a person we must consider of our duty to protect the human dig- tant debate, one which should con- very carefully the moral implications nity of each and every person. It re- tinue. It is a debate that involves many associated with the issue of human duces a child to a means to an end and difficult, troublesome issues. I come to cloning. denies them the dignity they deserve this debate as a concerned pro-life Sen- Certainly there is no moral prohibi- to be treated not as a means but as an ator, who also has profound questions tion, nor could one effectively be ar- end in and of themselves. about the scientific implications of gued, against the cloning of plants or And this notion is precisely where this bill. even animals—there is something fun- the disagreement on this issue exists I can tell you that scientists from my damentally different. Also, no one is between the Administration and the home state of Utah are following these arguing against tissue research or cloning bill before us today. discussions very closely. Some will argue that the issue sim- other important research. The issue I am proud that researchers at the ply needs to be studied before any re- today is strictly limited to the use of University of Utah and the Huntsman search begins—a notion which does not technologically feasible methods to Cancer Center are at the cutting edge rest on the supposition of a child as a create and manipulate new life through of science. It was scientists at Myriad gift. This is wrong. There is no re- a process of human cloning. And be- Genetics of Salt Lake City who were search that can ever justify the willful yond that, the issue is whether or not co-discoverers of a gene—the BRCA 1 technological manipulation and cre- it is morally permissible to clone gene—that causes some types of breast ation of human life through the process human beings. cancer. This issue demands the public atten- of human cloning for the furtherance of tion because it implicitly revolves science—or even for the preservation of Let me share with you a letter that I around the meaning of human dignity humanity. received from Dr. Ray White, the Di- and the inalienable rights that belong The White House doesn’t want a per- rector of the Huntsman Center. I ask to every person. manent ban—they want a limited mor- for unanimous consent that the text of But before discussing this in par- atorium. This indicates that they be- this letter be printed in the RECORD. ticular I think it is necessary to en- lieve there may be a use for this tech- There being no objection, the text of gage in a discussion on an even more nology as it relates to the issue of the letter was ordered to be printed in fundamental level. human cloning. But no such use exists. the RECORD, as follows:

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S604 CONGRESSIONAL RECORD — SENATE February 11, 1998 HUNTSMAN CANCER INSTITUTE, United States remains the world’s leader in — What should be the status of the Salt Lake City, UT, February 5, 1998. biomedical research so that our citizens may asexually-produced totipotent cells? Hon. ORRIN HATCH, continue to benefit from revolutionary What is the correct definition of an em- U.S. Senate, Washington, DC. breakthroughs in science. I know that you bryo? For example, is it the definition DEAR SENATOR HATCH: It has been brought share my belief that we have a responsibility to my attention that there is now pending to facilitate the advance of medical science used in the Report of the National Bio- legislation from the Senate leadership that in a manner that to the greatest extent pos- ethics Advisory Commission—that it is would make it a criminal offense to utilize sible respects the religious and ethical con- ‘‘the developing organism from the somatic cell nuclear transfer technology. cerns of a diverse population. time of fertilization until significant The intent of the legislation is to prevent I believe that there is widespread agree- differentiation has occurred, when the the cloning of humans. I agree completely ment that the cloning of human beings is un- organism becomes known as a fetus’’? and whole-heartedly with this intention. It desirable and should be stopped. However, in Would that definition preclude human would be a travesty and tragic ethical trans- achieving this end we must take care not to somatic cell transfer technology? gression to create cloned human individuals. cut off—unwisely and unnecessarily—vitally — What current authority does the important avenues of research. Dr. Raymond However, this technology is the basis for a government have with respect to tech- broad range of studies in biomedical research L. White, Director of the Huntsman Cancer and a ban would halt research in many areas Institute at the University of Utah, has niques which might lead to cloning that promise major benefits for mankind. voiced his concern about this matter: ‘‘It is human beings and human tissue? For example, injection of fetal brain cells important and possible to create legislation — Although there is virtual una- is thought to possibly provide benefits to in- that will achieve the desired goal of pre- nimity that cloning of human beings dividuals suffering from Parkinson’s disease. venting human cloning. I urge you to please should be banned at this time, what is Obtaining such cells from fetal materials can consider carefully the downstream negative the appropriate type of penalty for any create its own ethical dilemmas. It would be consequences of an overly broad legislative attempt at such an act? Should it be a far better to be able to reprogram the pa- stroke. By all means, let us outlaw human criminal penalty? If so, what type? Are tient’s own cells for this purpose. Nuclear cloning. But let us not eliminate promising transfer technology might well provide ways pathways of research that could relieve the criminal penalties instituted in S. to accomplish this desired goal without rais- human suffering.’’ 1601 the appropriate means of pre- ing such ethical issues. I am committed to legislation that pre- venting cloned humans? It is important and possible to create legis- vents human cloning but allows vital re- — How does the language of this bill lation that will achieve the desired goal of search to continue into areas such as Par- affect the ability to do further research preventing human cloning. I urge you to kinson’s Disease, Alzheimer’s Disease, diabe- on whether banning somatic cell nu- please consider carefully the downstream tes, and many cancers. You raised a number clear transfer technology would affect negative consequences of an overly broad of cogent points during our debate on Thurs- the ability of a woman with unviable legislative stroke. By all means, let us out- day. To better understand the operation of S. eggs to conceive children? 1601, I would appreciate it if you can provide law human cloning. But let us not eliminate — Precisely what types of research promising pathways of research that could your thoughts on the following: relieve human suffering. 1. S. 1601 does not define the term ‘‘em- could—and could not—be conducted Thank you very much for your attention. bryo’’. Do you believe that the initially cre- under this bill? Sincerely, ated single cell product of somatic cell nu- These are important issues that de- RAYMOND L. WHITE, clear transfer is an ‘‘embryo’’? Is there con- serve our full attention. Executive Director. sensus among scientists on this? All of us have family, friends and Mr. HATCH. I agree with Dr. White 2. What is the intent of S. 1601 with respect loved ones afflicted by some terrible to allowing, or disallowing, the creation of a disease. that we should try to find a way to ban one cell entity through somatic cell nuclear cloning of human beings but do so in a When we think about this bill we transfer to be cultured in vitro to produce need to think about people like Nancy way that allows, to the extent ethi- tissue intended to treat, cure, diagnose, or and Ronald Reagan as they battle cally proper, valuable research to con- mitigate diseases or other conditions? Spe- tinue. cifically, what types of research and develop- against Alzheimers. We need to think about Mohammed In these type of debates many of us ment activities would be permitted or pre- cluded? Ali’s battle against Parkinsons. value the opinion of my good friend We need to be sure that in locking off and colleague from Tennessee, Senator 3. S. 1601 does not define the term ‘‘somatic cell.’’ Do you consider fertilized eggs of the human cloning that we don’t do so in a FRIST. As a physician he brings a type used in mitochondrial or cytoplasmic way that throws away the key to many unique perspective to issues of science therapy ‘‘somatic cells’’? How are such other diseases. and medicine. He is also a co-sponsor of therapies treated under your interpretation Over the past few days, we have S. 1601, the bill pending before this of S. 1601? heard very compelling, heartfelt debate 4. What research and development activi- body. about this issue. Let me also share with you a letter I ties does S. 1601 preclude or regulate that are currently beyond the jurisdiction of the Some have expressed the belief that sent to Senator FRIST on this bill. It is Food and Drug Administration under current asexually-produced totipotent cells a short letter which I ask unanimous law, including its 1993 and 1997 jurisdictional are, in fact, an embryo, fully deserving consent to insert in the RECORD at this statements (58 Fed. Reg. 53248; 62 Fed. Reg. of the protections we accord to a point: 9721)? human life. There being no objection, the letter These questions involve novel and difficult Others have averred that these cells was ordered to be printed in the issues. I am certain that other tough ques- are not yet a human embryo, but rath- RECORD, as follows: tions will surface during the course of this er should be viewed as a very promising debate. It is because of your expertise in U.S. SENATE, tool which science should be allowed to these areas that I seek your guidance. Ac- COMMITTEE ON THE JUDICIARY, cordingly, I would greatly appreciate it if explore as we continue our quest to Washington, DC, February 6, 1998. you could detail your reasoning in respond- cure such devastating diseases as dia- Hon. BILL FRIST, ing to these inquiries. It would be most help- betes, cancer and AIDS. U.S. Senate, ful if I could learn your views prior to the Both sides hold very strong moral Washington, DC. cloture vote on Tuesday. convictions. There are extremely im- DEAR BILL: I am following the debate on Warmest personal regards, the human cloning bill very closely. My in- portant implications for both. ORRIN G. HATCH, terest is twofold: As Chairman of the Judici- This body must explore these funda- Chairman. ary Committee, I have a special responsi- mental questions. We must consider bility for considering any legislation such as Mr. HATCH. I think that these are the views of our scientific experts, S. 1601 that creates new criminal penalties. some of the important questions and ethicists, religious leaders, ethicists, In addition, my long-standing interest in the type of questions on which we need and men and women of medicine. biomedical research and ethics compels me to have consensus before we enact leg- Let me also add I am very troubled to understand a bill which has such far rang- islation: that this bill should have been consid- ing public health consequences. — What are the current capabilities ered in Committee where many of the As you know, throughout my career, I have always taken a strong pro-family and pro- of cloning, in animals and humans? fundamental issues we have been de- life stance, especially those relating to abor- Should we be focusing on banning a bating can be explored in more depth, tion and human reproduction. I have also technology, or technologies, or the re- especially since S. 1601 amends Title 18 spent considerable efforts to see that the sults of a technology. of the U.S. Code.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S605 This is obviously an important de- cell nuclear technology, the technique Director Harold Vamus stated that he bate, one which must be continued, and used to create Dolly. Scientists believe personally agrees with numerous polls therefore I will vote ‘‘yes’’ on the mo- that research using this technique evidencing the public’s opinion that tion to invoke cloture. might hold promise for a whole host of cloning human beings is ‘‘repugnant.’’ As we attempt to advance the public devastating human diseases. For this Indeed, Mr. President, the American health, we must do so in a way that reason many in the scientific commu- people are outraged by the hubris of a protects human life. I think we must nity are urging Congress to move cau- fringe element of the medical commu- work to craft legislation that achieves tiously in this area, lest overly broad nity wishing to pursue human both of these goals. legislation have unintended con- cloning—and they are demanding ac- Mr. GORTON. Mr. President, I intend sequences. Care in its crafting is, tion. In fact, some states have already to vote for cloture on the motion to therefore, imperative. introduced similar legislation to the proceed to Senator FRIST’S bill this Given the concerns raised by the sci- one before us that would ban human morning because I believe it is impera- entific community and patient groups, cloning. tive that we move the debate on human it is therefore prudent that we proceed Perhaps this debate over human cloning forward. The lightening pace of with caution and only after thorough cloning was inevitable because, for too scientific and medical advances, while consideration of the ramifications that long, our society has failed to stand on holding immeasurable promise, often may follow if we were to enact S. 1601, the principle that all life has value. No- leaves society unprepared to answer the bill before us today. This bill has where has the lack of respect for the moral and ethical questions that received not one hour of hearing before human life been more evident than in follow. The technology used to clone the appropriate committee. Who can the Supreme Court’s tragic Roe v. ‘‘Dolly’’ the now famous Scottish say with any comfort what the impact Wade decision in 1973—the infamous sheep, somatic cell nuclear transfer, may be on important research aimed at case; which established that unborn clearly should not be used to clone a dread diseases? Doesn’t important and children are expendable for reasons of human child; this is neither a moral potentially far reaching legislation convenience and social policy. Roe v. nor medically ethical procedure. Yet it such as this at least warrant hearings Wade presaged an era where science, is clear that the scope of possibility for before we proceed? This legislation technology and medicine are no longer this new technology has not been fully could have unintended and detrimental confined to work within the moral explored. It may hold the potential to consequences. boundaries erased by that ill-fated de- develop new lifesaving therapies for Let us now get down to hard work cision made twenty-five years ago. diseases that have historically plagued and take the time necessary to deter- I’m sure most Americans were mankind. Can we close the door on new mine how to go about banning the alarmed, as I was, when the Chicago opportunities to heal cancer patients, cloning of human beings in a clear and physicist, Richard Seed, expressed his those afflicted with Alzheimers, or precise way that will avoid the un- reasoning for wanting to clone a burn victims? wanted consequence of also banning human being. Mr. Seed, states that he Few of us in this body have back- important research intended to allevi- believes mankind should reach the ground in science, medicine, or medical ate the pain and suffering of victims of level of supremacy as our Creator. ethics. Yet we are being asked to make Alzheimers disease, Parkinsons dis- Mark my words, a society that permits decisions that have tremendous con- ease, and many types of dreadful can- modern medicine to sacrifice human sequences for the lives of every Amer- cers. dignity for the sole purpose of such ican. We are being asked to examine I will vote against invoking cloture self-glorification will not survive its some of our fundamental beliefs about on the motion to proceed to S. 1601, the own arrogance. life and the ethical use of science. We Human Cloning Prohibition Act. While Those having doubts need only to must be exceedingly cautious before I wish to register strong opposition to consult their history books. Evidence legislating in an area we admittedly cloning a human being, I also believe of this can be seen throughout the know little about. that bringing this recently-introduced course of history. It is instructive to I commend Senator FRIST for his legislation to the Senate floor for con- read the book of Genesis and the ac- leadership in bringing this issue before sideration without hearings by the ap- count about a group from Babylon who the Senate. I hope that we can reach propriate Senate committee, including became so enamored by technology consensus; that prohibiting the use of testimony from expert witnesses is a that they believed they could build a somatic cell nuclear technology to mistake. structure, the infamous Tower of produce a human child and promoting Mr. HELMS. Mr. President, the dis- Babel, that would reach into heaven. responsible biomedical research are not tinguished Senators BOND and FRIST The Lord punished the arrogance of mutually exclusive goals. But we can- are to be commended in introducing this civilization and disrupted their not do so unless we thoughtfully de- the underlying legislation to ban foolish work. bate the issue; we cannot ignore it. human cloning and the creation of Some may say this is a story of irrel- Mr. BYRD. Mr. President, in Feb- human embryos. Congress must make evance, but I believe it serves as a re- ruary 1997, scientists in Scotland were unmistakably clear that human life is minder of the ramifications to come if successful in producing a cloned sheep, too precious and valuable to be cheap- modern medicine is allowed to exceed named ‘‘Dolly.’’ This incredible event ened by a medical procedure which rep- beyond the moral boundaries and shocked the world and led to the real- licates human beings. human limitations set by God. We ization that, at some point, cloning Millions of Americans believe that should not be in the business of taking human beings might also be on the ho- human cloning is inconsistent with the away life or creating life unnaturally. rizon. Shortly after the announcement moral responsibility that is incumbent So, Mr. President, it is extremely im- about Dolly, my concern about the eth- upon modern medical technology. Put portant that the Senate pass this legis- ical and moral implications of cloning simply, so-called medical ‘‘advances’’ lation to outlaw human cloning. In human beings led me to cosponsor Sen- are not advances at all unless the dig- doing so, the Senate will heed the ator BOND’S bill, S. 368, that would pro- nity and sanctity of all human life are American people’s belief that this ob- hibit the use of Federal funds for re- preserved. It is meaningful, I think, jectionable procedure is a dangerous search on human cloning. I believe that the Senate’s only physician has precedent and a morally abhorrent use that, with the notable exception of Dr. sponsored this bill. I appreciate Sen- of medical technology. Richard Seed, who has announced to ator FRIST’s willingness to offer his Mr. COATS. Mr. President, I rise in the world his intention of cloning a medical expertise to the American peo- support of S. 1601, a bill that would end human being, there is broad agreement ple by setting the record straight about the cloning of human beings. I urge my that cloning humans is unacceptable the travesty of human cloning. colleagues to support and cosponsor on many grounds. Mr. President, the overwhelming con- this legislation. But, the successful cloning of sensus among professionals in the med- Many opponents of the bill will label ‘‘Dolly’’ has prompted scientists to ical industry confirms that human its supporters as anti-technology, anti- ponder other potential uses of somatic cloning is unethical and immoral. NIH science—seeking to return to the dark

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S606 CONGRESSIONAL RECORD — SENATE February 11, 1998 days of ages past. Such opponents have Proponents of cloning argue that in fore the Congress in years to come. conveniently seized on a notion that to the face of these possibilities, caution Let’s not set a precedent here today ban this emerging technological proce- is required. But while cloning pro- that we will deal with them willy- dure is to despise all science and ponents call for caution that protects nilly—by simply taking a position and progress. experimentation, the better course is voting without having given thought- Nothing could be further from the caution that protects the developing ful consideration to the issues in- truth. Just 80 days ago, two of the pri- human embryos that are inevitably volved. mary sponsors of this bill—Senators created by such technology. We need to act to ban the cloning of FRIST and GREGG—and I completed How in good conscience can we wait humans. But, before we act, we need three years of intense work on the FDA for the practical and ethical complica- more hearings and more discussion on Modernization Act, whose sole purpose tions of cloning to develop—to wait for how best to accomplish that. There- was to advance the health of patients Dr. Richard Seed to use methods that fore, I am voting against cloture on the by supporting and promoting the ex- unavoidably involve the destruction of motion to proceed. traordinary, life-saving work of high- living human embryos? Mr. DURBIN. Mr. President, I rise technology biotech companies and drug Perhaps in the meantime research on today to suggest that we should not be firms. It is too convenient—indeed, it animal cloning will result in the rushing to consider a bill that may do is dishonest—for opponents to charge cloning technology that can be used to far more than ban human cloning per- supporters of this cloning bill with develop human cell lines or tissue that manently. The Lott-Bond cloning bill being anti-science, anti-patient. is not derived from a developing human was only introduced last Tuesday and Indeed, we who believe human life to embryo or does not result first in the has been available for review for a very be one of the greatest gifts from our creation of such an embryo. Again, short period of time. The identical bill Creator, do not fear the development of until that day, caution is required— that was introduced by Senator BOND science and technology that protects caution in defense of life. was referred to the Judiciary Com- and improves that life. We know only S. 1601 ensures that the least among mittee and yet we have had no Judici- too well of the advances in medicine us receive our full recognition and pro- ary committee hearings on this topic and vaccines that have dramatically tection as members of human society. I to examine exactly what this bill does. reduced infant deaths. We have held urge passage of S. 1601. Is the bill really written to accomplish hearings in which extraordinary PET Mr. BIDEN. Mr. President, I want to its goal of banning the duplication of technology can reveal the workings of make it absolutely clear: I oppose the humans via this new technology? Or the prenatal and postnatal brain. We cloning of human beings. But, I am does it go much further than its stated have constituent companies whose voting against cloture on the motion goal? I don’t think that many of us fetal bladder stents now save the lives to proceed to the cloning bill because here on the floor of the Senate (myself of women and their children, when the bill and the issues the bill raises included) are well equipped to make death used to be a certainty. are not that simple. that determination without hearing But to admire, promote, and legislate I am voting against cloture because from experts in the field including sci- on behalf of patient-friendly tech- there has not been sufficient discus- entists, bioethicists, theologians and nology, and scientific achievement sion; there have not been sufficient others qualified to give us advice on does not require that we sacrifice all hearings; there has not been sufficient this very important matter. principle or that we abandon caution in consideration of what is a very com- It is also not clear as to why we are the face of serious questions about a plicated scientific issue. Legislation is rushing to consider this bill given that particular technology. supposed to be the end result of a proc- the FDA has already announced that it Few will disagree that cloning pre- ess; not the beginning of it. This bill, has authority over this area. In fact I sents this country with one of the most Mr. President, is far too premature. have a letter here in my hand from the disturbing and tantalizing scientific Yes, hearings were held last year FDA that explains that before any developments in recent time. after it was announced that Dolly the human cloning would be allowed to At once, it presents us with the op- sheep was a clone. But, those were ge- proceed, FDA would need proof that portunity to duplicate, triplicate, infi- neric hearings on the issue of cloning. the technology was safe. FDA will pro- nitely replicate the best that the world And, the bill before us is not—I repeat, hibit any sponsor of a clinical study has to offer; and it presents the threat not—a result of those hearings. This from developing this technology if ‘‘it of too much of a good thing—the loss of was a bill that was introduced a week is likely to expose human subjects to individuality and the end of the secu- ago, has never been the subject of a unreasonable and significant risk of ill- rity and utility inherent in diversity. hearing, and has never been considered ness or injury’’ or ‘‘the clinical investi- Indeed, the child is now created in our by a committee. gator was not qualified by reason of own image and not God’s. It becomes a Are the definitions adequate? Or, are their scientific training and experience product of the will and not the receipt they over broad? In the name of pre- to conduct the investigation.’’ The let- of gift. Who can predict the emotional, venting the cloning of a human being, ter goes on to say that ‘‘In the case of the psychological, or the spiritual con- are we hindering medical research that attempts to create a human being sequences of such a technolgy? might help in the battle against cancer using cloning technology, there are Cloning technology, so new to the and other diseases? Or, in the name of major unresolved safety questions. human experience, indeed considered allowing scientific research, are we Until those questions are appropriately just ten or fifteen years ago to be prac- opening the door to rogue scientists addressed, the Agency would not per- tically and scientifically unachievable, who will then find it easier to clone a mit any such investigation to pro- has received only scant attention from human? ceed.’’ the most distinguished, thoughtful, These are all very legitimate ques- The National Bioethics Advisory and expert-laden institutions in our so- tions that need answers. In the end, Committee recommended a five year ciety. Even today, cloning of humans is there may be significant differences moratorium on the use of this tech- still considered only a remote possi- over what the answers should be. But, nology to create a human being. Due to bility by means as yet untested and the problem here today, Mr. President, the time limit that they were under, only barely imaginable. is that we are not ready to be debating the committee was unable to focus on Because it differs so dramatically answers to these policy questions be- the issues beyond safety. They con- from in vitro fertilization and other cause we have not had a thorough dis- cluded that, at this time, the tech- methods of reproduction, we can cussion of the questions and the impli- nology was unsafe for use for the pur- scarcely begin to set forth some of the cations. pose of cloning a human being. They practical consequences: a reduction in With the pace of scientific advance- did not address the many ethical issues genetic diversity, long considered es- ment—scientific knowledge is now dou- involved with the use of this tech- sential to the species; an increase in bling about every five years—more and nology. The committee believed that deformities in the child. The possibili- more of these extremely complicated these issues were too complex to be ties are numerous and unexplored. bioethical issues are likely to come be- dealt with in such a short period of

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S607 time. Therefore, it is still necessary to tack victims and degenerative heart Mr. KENNEDY. How much time re- allow time for discussion about the disease; skin cells to treat burn vic- mains? ethical use or need for a specific ban on tims; neural cells for treating those The PRESIDING OFFICER. Thirty the use of this technology. suffering from neurodegenerative dis- seconds. To date, we have excluded Patient eases; blood cells to treat cancer ane- Mr. KENNEDY. Mr. President, I yield groups, physicians, scientists and other mia and immunodeficiencies; neural myself 30 seconds. I have too much re- interested parties from the discussion cells to treat Parkinson’s Huntington’s spect for my friend and colleague from of how this particular bill should be and ALS. The generation of stem cell Tennessee to let the comparison with drafted. Yet it is these very patients lines using an unfertilized egg as a host Hitler and science be used on the floor whose future hope for cures may be cut is far removed from the act of creating of the U.S. Senate in reference to our off by a bill if it is improperly drafted. embryos for research or creating a position on this particular issue with- I find it extremely troubling that we fetus for organ parts. In fact, it is the out comment. are rushing to consider a bill that exact opposite giving an avenue for Our position has been embraced by every patient advocacy group, doctor, therapies that involve the culturing of virtually every major research group in or scientist that has contacted my of- single cells from adult cells. Some of this country. This vote isn’t about a fice has either urged us not to pass or these therapies would actually result ban on the cloning of human beings. has asked us to consider in a more de- in fetal tissue no longer being nec- We have agreed on that principle. This liberative manner. Organizations such essary for the treatment of many vote is about preserving opportunities as: The American Heart Association, neurodegenerative diseases. Others for major advances in biomedical re- the Juvenile Diabetes Foundation might give hope to parents that con- search in this country. I hope the Sen- International, the American Associa- ceive children that have genetic dis- ate will vote ‘‘no’’ on cloture. tion for Cancer Research, the American eases, so that they are not faced with The PRESIDING OFFICER. The Sen- Society for Human Genetics, the Amer- the agonizing choice between termi- ator’s time has expired. nating a pregnancy or giving birth to a ican Academy of Allergy, Asthma and Mr. BOND addressed the Chair. severely disabled child. Immunology, the Association of Amer- The PRESIDING OFFICER. The Sen- ican Medical Colleges, the American I think that many of us do not really know what the full scope for this tech- ator from Missouri controls 20 seconds. Pediatric Society, the Cystic Fibrosis Mr. BOND. I yield that time to my- Foundation, the National Osteoporosis nology really is. It is possible that this technology may be used in a life en- self. Foundation, the Parkinson’s Action Mr. President, unfortunately, the Network, the AIDS Action Council, the hancing, life promoting manner. We should have a full hearings proc- misinformation about this bill has our American Academy of Pediatrics and 27 ess with opportunities to hear from opponents saying that human cloning Science Nobel Laureates. These organi- specialists in medical genetics, re- bans will hurt research. Show me one zations and individuals are dedicated searchers at NIH and other institu- mainstream scientist who is currently to finding cures for diseases. They are tions. We should listen to what the creating cloned human embryos to not advocates for unethical research. medical community has to say on fight these ailments. It is not hap- They are mainstream organizations treatment options. We should also hear pening. It should never happen. committed to finding cures for such from patient advocacy groups and all Science has given us partial-birth diseases as heart disease, strokes, spi- others that may have expertise in this abortions and Dr. Kevorkian’s assisted nal cord injuries, birth defects, asthma, area or be affected by the legislation at suicide. We should say no to these sci- diabetes, cancer, osteoporosis. These hand. Likewise, the area of assistive entific advances and no to the cloning are diseases that afflict millions of reproductive technology has become of human embryos. If you vote against Americans. Biomedical research may incredibly complex and we should lis- cloture, you are saying yes to human be some patients with these illnesses ten to bioethicists and religious leaders cloning. only hope. and their opinions which we surely CLOTURE MOTION For some, new technologies as yet value. Again, I wonder why we are The PRESIDING OFFICER. Under undeveloped may be their only hope. rushing here. What about the com- the previous order, pursuant to rule For instance, some of my colleagues mittee hearing process is the Repub- XXII, the Chair lays before the Senate may have heard the story of Travis lican leadership afraid of that? the pending cloture motion, which the Roy. Travis is now a 21 yr old college Some may argue that the announce- clerk will state. student at Boston University. Travis ment by the Chicago Physicist, Rich- The assistant legislative clerk read grew up in Maine and was an avid ice ard Seed of his intention to start as follows: hockey player. Unfortunately for Trav- cloning necessitates a rapid response. CLOTURE MOTION is during his first collegiate hockey However, Dr. Seed has no training in We, the undersigned Senators, in accord- game 3 years ago, 11 seconds in to the medical procedures nor in biology. He game, he collided with the wall and ance with the provisions of rule XXII of the does not have a lab for this purpose. He Standing Rules of the Senate, do hereby suffered a spinal chord injury that has does not have the venture capital and move to bring to a close debate on the mo- left him paralyzed with only a small in fact his home was recently fore- tion to proceed to S. 1601, regarding human amount of movement in his right hand. closed by the Bank. Thus to suggest cloning. Travis has written a book about his ex- that he will be cloning anything soon, Trent Lott, Christopher S. Bond, Bill periences and his fight for recovery. seems outlandish at best. By the FDA’s Frist, Spencer Abraham, Michael B. For people like Travis that have had stated criteria of an investigator need- Enzi, James Inhofe, Slade Gorton, Sam their spinal chords severely injured ing to demonstrate expertise, Dr. Seed Brownback, Don Nickles, Chuck Hagel, they look to new research that might Rick Santorum, Judd Gregg, Rod would clearly fail and thus would be Grams, Larry E. Craig, Jesse Helms, help them regenerate their damaged prohibited by FDA from proceeding. and Jon Kyl. tissue. As Travis so agonizingly stated One person’s far-fetched claims CALL OF THE ROLL recently: ‘‘All I want to be able to do is should not propel us into passing legis- to hug my mother.’’ lation that has not been adequately re- The PRESIDING OFFICER. By unan- Researchers hope that they may be viewed. As J. Benjamin Younger, Exec- imous consent, the quorum call has able to generate what are known as utive Director of the American Society been waived. ‘‘stem cells,’’ that is cells that can give for Reproductive Medicine has said: VOTE rise to lots of other cells, using the ‘‘We must work together to ensure that The PRESIDING OFFICER. The technology that the Lott-Bond cloning in our effort to make human cloning il- question is, Is it the sense of the Sen- bill seeks to ban. With continuing re- legal, we do not sentence millions of ate that debate on the motion to pro- search, those cells might be used to re- people to needless suffering because re- ceed to consideration of S. 1601, the pair injured spinal cords or damaged search and progress into their illness Human Cloning Prohibition Act, shall livers or kidneys or hearts. cannot proceed.’’ be brought to a close? Stem cell research could provide: The PRESIDING OFFICER. Who The yeas and nays are required under cardiac muscle cells to treat heart at- yields time? the rule. The clerk will call the roll.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S608 CONGRESSIONAL RECORD — SENATE February 11, 1998 The assistant legislative clerk called gard to this nomination—we still have The PRESIDING OFFICER. Without the roll. to clear it with Senators on both sides objection, it is so ordered. Mr. NICKLES: I announce that the of the aisle—that would allow us to an- Mr. FEINGOLD. Mr. President, I ask Senator from Virginia (Mr. WARNER) is nounce some action in regard to this unanimous consent to speak as in necessarily absent. nomination within the next couple of morning business for 10 minutes. Mr. FORD. I announce that the Sen- hours, we hope certainly in the early The PRESIDING OFFICER. Without ator from Michigan (Mr. LEVIN) is nec- afternoon, and then it would be our in- objection, it is so ordered. essarily absent. tent to go to the Morrow nomination. f I further announce that the Senator We have been working on a time agree- THE PRESIDENT’S PROPOSED from Nevada (Mr. BRYAN), is absent due ment, and we will enter a request as to BUDGET to illness. exactly when that would be debated Mr. FEINGOLD. Mr. President, I rise I also announce that the Senator and for how long. It is our intent to today to offer some initial comments from Nevada (Mr. REID), is absent at- have a vote on that nomination at a on the President’s proposed budget for tending a funeral. reasonable hour this afternoon—not to- fiscal year 1999. As with any budget, I further announce that if present night. there will be occasion to discuss and and voting, the Senator from Nevada Mrs. BOXER. Will the Senator yield? debate the many individual provisions (Mr. BRYAN), would vote ‘‘no.’’ Mr. LOTT. Yes, I yield. The PRESIDING OFFICER (Mr. Mrs. BOXER. Several Senators on it contains. I have already heard some INHOFE). Are there any other Senators both sides of the aisle have been trying legitimate concerns voiced about some of the provisions from both sides of the in the Chamber desiring to vote? to get a time certain for the Morrow aisle, and I very much look forward to The yeas and nays resulted—yeas 42, nomination. I wonder if the distin- working with my colleagues on the nays 54, as follows: guished majority leader would consider Budget Committee to fashion what I [Rollcall Vote No. 10 Leg.] offering a unanimous consent request hope will be the second consecutive bi- YEAS—42 so we can at least know how to plan partisan budget agreement. Abraham Faircloth Kyl our day? We have already thought it Allard Frist Lott Despite the many issues surrounding was happening this morning. individual provisions, though, we have Ashcroft Gorton McCain Mr. LOTT. We would like to be able Bond Gramm McConnell to acknowledge what a historic mo- Brownback Grams Murkowski to do that. I think the best way to get ment this is. The President’s budget is Burns Grassley Nickles a unanimous consent agreement is to historic. For the first time in 30 years, Coats Gregg Roberts continue to work with Senators on all Cochran Hagel Santorum a President has submitted a unified Coverdell Hatch Sessions sides. My intent would be that we enter budget that actually balances. That is Craig Helms Shelby into an agreement to begin as early as an achievement worth noting and not- D’Amato Hutchinson Smith (NH) possible and to get a vote not later DeWine Hutchison Stevens ing again. While many of us believe we Domenici Inhofe Thomas than 6 o’clock. If for some reason we have a way to go before we can talk Enzi Kempthorne Thompson could not get that agreement, then we about having a genuine balance, it is NAYS—54 would have to have that vote tomorrow fitting to pause for a moment to ac- morning, but I believe we can work Akaka Feingold Lugar knowledge the tremendous progress Baucus Feinstein Mack with the interested Senators on both that has been made. Bennett Ford Mikulski sides and get this agreement worked The President’s proposal also marks Biden Glenn Moseley-Braun out. As soon as we do, hopefully even the end of one budget era and, I think, Bingaman Graham Moynihan Boxer Harkin Murray by noon, we will enter the request. I really the beginning of a transition pe- Breaux Hollings Reed think it would be something everybody riod that may require changing some of Bumpers Inouye Robb will be comfortable with. our budget rules, and I will have more Byrd Jeffords Rockefeller Mr. SPECTER. If the distinguished Campbell Johnson Roth to say on that subject in the coming Chafee Kennedy Sarbanes majority leader would yield to me, weeks. It is also worth remembering Cleland Kerrey Smith (OR) there have been discussions about a how far we have come and how we Collins Kerry Snowe time. There are 4 hours. I was just dis- reached this important benchmark. Conrad Kohl Specter cussing with our distinguished col- Daschle Landrieu Thurmond First and foremost was the 1993 deficit Dodd Lautenberg Torricelli league from Missouri—I see he has left reduction package. That was one of the Dorgan Leahy Wellstone the floor so I will say nothing further. toughest votes I think many of us have Durbin Lieberman Wyden I hoped we might set that vote for 2:30, ever taken in this legislative body. It NOT VOTING—4 but I will let it ride. wasn’t pleasant and it wasn’t supposed Bryan Reid Mr. LOTT. I don’t think we can do it to be pleasant. As we have found, there Levin Warner that early, but we will work with ev- just is no painless solution to the def- The PRESIDING OFFICER. On this erybody here in the next few minutes. icit, and we had to take a different vote, the yeas are 42, the nays are 54. If we could get it done right away, we kind of step. In fact, Mr. President, it Three-fifths of the Senators not having will do it, but certainly we want to do was the very toughness of that 1993 voted in the affirmative, the motion is it this morning if at all possible. package that told me it was worth sup- rejected. I will continue to consult with the porting. Let me also say that last f Democratic leader, and we will make year’s bipartisan budget agreement that request soon. also contributed to the effort. I repeat EXECUTIVE SESSION I yield the floor. my admiration for the work done by Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. The the chairman of the Budget Com- imous consent the Senate resume con- clerk will report the nomination. mittee, the Senator from New Mexico, sideration in executive session to de- The legislative clerk read the nomi- Mr. DOMENICI, and also the ranking bate the nomination of Frederica nation of Frederica A. Massiah-Jack- member, the Senator from New Jersey, Massiah-Jackson. son, of Pennsylvania, to be United Mr. LAUTENBERG, who worked so hard The PRESIDING OFFICER. Without States District Judge for the Eastern to make that agreement possible. objection, it is so ordered. District of Pennsylvania. Mr. President, I wish that agreement f Mr. BYRD. Mr. President, I suggest had gone further. As I have noted on the absence of a quorum. other occasions, I really wish we had NOMINATION OF FREDERICA A. The PRESIDING OFFICER. The refrained from enacting that fiscally MASSIAH-JACKSON, OF PENN- clerk will call the roll. irresponsible tax package last year. If SYLVANIA, TO BE U.S. DISTRICT The assistant legislative clerk pro- we had, the unified budget would have JUDGE FOR THE EASTERN DIS- ceeded to call the roll. actually reach balance earlier. Never- TRICT OF PENNSYLVANIA Mr. FEINGOLD. Mr. President, I ask theless, both of those efforts helped Mr. LOTT. Now, Mr. President, we unanimous consent that the order for bring us to where we are today and all are working on an agreement with re- the quorum call be rescinded. concerned deserve praise.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S609 Mr. President, in addition to the no- It was taken off budget for this very minutes to be equally divided between table accomplishment of submitting a reason; namely, the decision by Con- myself and the Senator from Maine, balanced unified budget, the President gress to forward fund Social Security Senator COLLINS. also cautioned Congress not to spend by raising additional revenues in the The PRESIDING OFFICER. Without the unified budget surplus that is pro- near term to ensure the long-term sol- objection, it is so ordered. jected, but instead to use those funds vency of the program. Ms. SNOWE. Thank you, Mr. Presi- to protect Social Security. I think this Mr. President, I urge all of my col- dent. is one of the better statements we have leagues to choose their use of the word f had in a long time with regard to not ‘‘surplus’’ very carefully. The problem THE ICE STORM OF 1998 only fiscal responsibility, but also our with the use of the word, or the overuse responsibility to future generations of the word, is that it encourages a way Ms. SNOWE. Mr. President, I am that hope to obtain the benefits of the of thinking which may jeopardize not pleased to join my colleague, Senator COLLINS, to discuss the unprecedented Social Security for which they have al- only the work that we have accom- and historic storm in the State of ready been paying. plished over the past 5 years but also The President’s admonition in this Maine several weeks ago. the additional work that must be done Mr. President, every once in a regard may have been just as impor- to put our Nation on a firm financial tant as his achievement in proposing a while—maybe only once every 100 years footing. or more—an event happens that truly balanced unified budget. The President The use of this term improperly en- is absolutely right in urging that any tests the strength of a people and the courages the kind of ‘‘business as depth of their spirit. It is an event that unified budget surpluses not be spent. usual’’ policies that promise imme- strips away comforts and security and But while I strongly agree with his sen- diate gratification while putting off pretense and reveals for all to see the timent, I approach this issue from a tough budget-cutting decisions until true nature of those whose lives it has little different perspective. Again, later. in its grip. In my home State—the there are many of us who do not view Mr. President, it is kind of like buy- State of Maine—that event began on the unified budget as the appropriate ing an expensive Valentine’s Day gift January 5 and is now known as the measure of our Nation’s budget. In par- for your sweetheart and then charging Great Ice Storm of 1998. ticular, I want to acknowledge two of it to her credit card. As shown here in this photograph, my colleagues on the Budget Com- That is not the way to do business. you can see the ice that covers the mittee, the Senator from South Caro- That is hardly an honest approach to streets with the trees over the car. It lina, Mr. HOLLINGS and the Senator budgeting either. wasn’t just one area of the State. This from North Dakota, Mr. CONRAD, for Mr. President, the challenge before really replicated almost the entire their consistent warnings on this issue us now is to move quickly toward State in terms of the devastation of of how we calculate and determine and eliminating the on-budget deficit, bal- this storm. speak about what is really a balanced ancing the budget without using Social As you would imagine, we are no budget. Security trust funds, and in so doing to strangers to a little winter weather. Mr. President, the unified budget is begin the very important process of But this storm was like nothing any- not the budget which should guide our bringing down and paying down our na- one had ever seen before. By the time policy decisions. The projected sur- tional debt. five days of sleet and freezing rain had pluses in the unified budget are not Mr. President, we have to play it worked their misery on the state, real. In fact, far from surpluses, what straight with the American people. We Maine was under a sheet of ice more we really have are continuing on-budg- need to give them an honest balanced than two inches thick, and Mainers et deficits masked, in part, by Social budget. suddenly found themselves without Security revenues. Now, this distinc- I very much hope this body will act power, without heat, and facing a life tion is absolutely critical. The very to put us on that path this year, and I more closely resembling one from 1898 word ‘‘surplus’’ connotes that there is very much look forward to working than 1998. some extra amount of money or bonus with other members of the Budget The State was devastated by this un- around. One definition of the word sur- Committee to ensure that we really do precedented storm and many areas plus is, ‘‘something more than, or in reach an honest balanced budget. were described as resembling a ‘‘war excess of, what is needed or required.’’ Mr. President, I yield the floor. zone.’’ At its peak, the storm knocked Mr. President, the projected unified Ms. SNOWE addressed the Chair. out electrical power to an estimated 80 budget is not more than or in excess of The PRESIDING OFFICER. The Sen- percent of Maine’s households—and a what is needed or required. Those funds ator from Maine is recognized. week later, about 137,000 people were are required. Those funds are spoken Ms. SNOWE. Thank you, Mr. Presi- still without power. Schools and local for. In this regard, I take just slight ex- dent. governments ground to a halt. Over the ception to the President’s characteriza- f weekend as the storm finally abated, tion that we should use the surplus to over 3,000 people sought refuge in 197 protect Social Security. Some could UNANIMOUS-CONSENT AGREE- shelters and two days later there were infer from his comments that the MENT—NOMINATION OF MAR- still over 2,000 Mainers staying in 111 President has chosen, from various al- GARET MORROW shelters across the State. And in the ternatives, the best or most prudent Ms. SNOWE. Mr. President, as in ex- end, all of Maine’s 16 counties were de- option for using surplus funds. I am ecutive session, I ask unanimous con- clared federal disaster areas. afraid people will look at it that way sent that at 1 p.m. today the Senate As you can see here, another sign and, certainly, from the perspective of proceed to executive session to con- that shows the kind of pleas that were the unified budget, it is arguably the sider the nomination of Margaret Mor- made by residents all across this State, best and most prudent option, if we row and a vote occur at 6 p.m. this saying, ‘‘Power, please. Our trans- really had surpluses. But, Mr. Presi- evening with the time equally divided former was taken away on Thursday.’’ dent, those of us who see the unified between Senators HATCH and ASHCROFT People lost their power for up to 2 and budget as merely an accounting con- or their designees. 3 weeks. venience do not believe this is an alter- This request has been cleared by the The Chairman of the historical com- native or an option. To repeat, Mr. minority. mittee of the American Meteorological President, those revenues are already The PRESIDING OFFICER. Without Association, who also happens to be an spoken for. They were raised by Social objection, it is so ordered. associate professor of science, tech- Security for future use. f nology and society at Colby College in Mr. President, we have various trust Waterville, MA, summed it up best: funds in our budget, but Social Secu- ORDER OF BUSINESS ‘‘So far this century there has been rity is unlike most other trust funds, Ms. SNOWE. Mr. President, I ask nothing like it . . . It will probably and it is unlike the others in this re- unanimous consent to proceed as if in make the meteorological textbooks—as spect: It is by law ‘‘off budget.’’ morning business, and I ask for up to 30 one of the biggest storms ever.’’

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S610 CONGRESSIONAL RECORD — SENATE February 11, 1998 I traveled Maine extensively in the And Paul was not alone. In the Town In Augusta, local Public Works em- wake of the ice storm, and I was over- of Albion, farmer Peter Door trucked a ployees logged, on average, an 80 hour whelmed by the extent of the destruc- portable generator from farm to farm week, with some as high as 102 hours. tion, as we see here another photo of and slept in his truck while dairy farm- The Maine Department of Transpor- all the downed poles. That is exactly ers milked their cows. In Fairfield, tation spent $600,000 in overtime in one what happened all across the State. Town Manager Terry York was moved week and in that same time they used You can see the condition of the road. to tears when talking to the Bangor 54,000 cubic yards of sand and 5,000 tons But it was a total destruction of the Daily News about the volunteers who of salt to the tune of another $600,000. forests, the pole lines, as well as the helped residents through the crisis. And the International Brotherhood of telephone poles across the State. Out of state crews found Mainers’ at- Electrical Workers worked with my of- Three-quarters of the State, as I said, titudes remarkable. One member of a fice to coordinate their volunteer ef- was affected by it. Massachusetts crew that put in two forts to help reattach damaged en- Trees and branches felled, power weeks of 16 hour days restoring power trance service cables on residences lines snaked across ice-encrusted to the towns of Otis and Mariaville throughout the state so that the power streets and major utility structures said, ‘‘When I left there, I was proud to company could re-energize the homes. crumpled as if made of tin-foil. In fact be a lineman. My hat goes off to the (In one weekend, Local 567 helped put about 50 such structures, an eight-mile people of Maine. They’re really a spe- 75 houses back in shape so the power stretch carrying the major electrical cial breed.’’ The same lineman said he could come on and families who had line into Washington County—the east- never heard an angry word, even done so long without heat could once ernmost county in Maine and the though many residents had gone over a again be warm.) United States—were destroyed. week without power and heat. In fact, Those dedicated IBEW workers pro- The owner of that line, Bangor people offered the linemen food and vided help where it was most needed, Hydro, needed 170 utility poles and even hosted a public spaghetti dinner and I applaud these dedicated teams of 144,000 feet of 115,000 volt transmission for the crews. electricians who donated their time, line just to repair the eight miles of Indeed, throughout the state, people supplies, and skills to make vital re- downed lines that left 10,000 Wash- took strangers into their homes, pairs across the state. Indeed, it was an ington and Hancock County residents brought food to elderly residents un- honor for me to spend time in the field without power. Central Maine Power, able to get out, looked after the homes with some of these unsung heroes to let the other major power company in the of those who were away, and cooked them know how much I appreciate and state, estimated that 2 to 3 million feet meals at local shelters. Maine’s potato admire their selfless efforts. of power lines fell—2,000 utility poles growers gave away truckloads of pota- Finally, I want to thank all the vol- had to be replaced as well as 5,250 toes to those in need of food, radio sta- unteers who—in the face of their own transformers. tions fielded calls from residents shar- difficulties—took the time to help oth- Between 1,200 and 2,000 National ing vital information and advice, and ers affected by this unprecedented Guard soldiers were called to active television stations banded together to storm. (We may never know their duty, and 200 Army and Air National raise over $115,000 for Red Cross relief names or their faces, but we know Guard personnel helped clear the roads. efforts. what they have done and we are very, Central Maine Power had crews of My deepest gratitude goes to all very grateful.) more than 2,500 line and tree-trimming those who made life a little easier for It is a credit to Maine people that we workers on the job. And Maine hosted others during this most trying of coped as well as we did and made line crews from Maryland, Massachu- times. In particular I want to recognize speedy progress in recovering and re- setts, North Carolina, Florida, Penn- and extend my profound gratitude to building. Everyone pulled together sylvania; New Jersey; Connecticut; the outstanding Red Cross officials and from Governor King to town officials Washington, D.C.; New Hampshire; and the over 1,800 volunteers who did an in- to the Brotherhood of Electrical work- New Brunswick, Canada. credible job of organizing shelters and ers. But it was clear that we still need- Broken trees and broken power lines delivering vital emergency services, as ed help. We are an independent people littered the Maine landscape as far as well as the dedicated men and women and proud to solve our own problems, the eye could see. But I discovered one of the National Guard who did not hesi- but this time even we couldn’t do it thing in my travels that was never bro- tate for a moment to provide assist- alone. That is why the federal govern- ken—one thing that may have been ance. Also the outstanding employees ment’s response to this disaster was stronger after the storm than before— of the Maine Emergency Management and is so important. and that is the spirit of Maine’s people. Agency who deserve recognition for The Vice President’s personal tour of That is why I am speaking here today, their timely and professional response Maine in the wake of the disaster Mr. President. Mainers faced the tre- to the disaster. spoke to the magnitude of the chal- mendous challenges this storm pre- Again, you see what linemen crews lenge we were facing. I appreciate the sented with resolve and a caring spirit did here in working on these downed Vice President’s visit and the Presi- which is truly remarkable and which power lines, as I said, and which was dent’s prompt declaration of 16 Maine makes me very proud to call Maine pervasive all over the State on miles counties as federal disaster areas. home. and miles and miles of line. This declaration opened the door to a Everywhere I went I heard stories of I also want to extend my sincere ap- variety of assistance, and it is esti- neighbors helping neighbors: people in- preciation to the men and women on mated by the Federal Emergency Man- viting strangers into their homes so utility crews from Maine and from agement Agency that about 300 Maine that they might be warm, lending a throughout the country who toiled day towns and non-profit organizations will hand with fallen trees so that they and night to clear roads and rebuild a seek public assistance from the agency. might be cleared and sharing advice so crippled power grid. These dedicated I am pleased that FEMA has estab- that no one would feel alone. Rising individuals worked incredible hours lished field offices in Maine to assist from the devastation left in the and in terrible weather conditions to Mainers who are still trying to put storm’s wake was a tide of generosity bring the state back on line. They are their lives back together and I expect and giving emblematic of Maine peo- truly unsung heroes and I thank them they will remain in the state for some ple, and it was deeply heartening to for their tireless work. time. know that such compassion is alive and Indeed, to give you some idea of the Because the fact is, the repercussions well in America. magnitude of the effort, in one in- of this storm will be felt long after the Paul Field Sr. and his son, both of stance Air Force cargo planes made 13 ice melts and the first blossoms of Bridgton, worked tirelessly and vir- trips between North Carolina and spring make their way north. Dairy tually without sleep for 10 days cutting Maine to bring 50 fresh crews and 47 farm losses continue to mount and branches, clearing roads, fighting fires, bucket trucks to lend a hand. It took state agricultural officials may not draining pipes, helping neighbors and 5,000 people to carry out the logistics know for months the full impact of the moving generators to where they were at an estimated cost of this single op- storm on the industry. Utilities are es- most critically needed. eration of $1 million. timating that their costs will top $70 to

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S611 80 million. The State of Maine esti- Mr. BYRD. I thank the distinguished to close due to the lack of power. Peo- mates that they need the release of $12 Senator. ple took to placing signs in the snow million in LIHEAP funds to help those Mr. President, I ask unanimous con- with arrows pointing to their homes who normally don’t use the funds but sent that on the completion of the re- reading ‘‘No Phone No Power.’’ Even will sign up this year, and to defray the marks by Senator COLLINS, Senator the National Weather Service located costs of buying generators for those el- CLELAND be recognized for 5 minutes, in Gray, ME, lost power for over a igible. that I be recognized then for 20 min- week and had to rely on a not-so-reli- Small businesses across the state utes, and that my colleague, Senator able generator to track the latest have been reeling from lost business— ROCKEFELLER, be recognized for 10 min- weather developments and to help keep as of last week the Small Business Ad- utes to speak out of order. Mainers safe and informed. ministration has taken 450 applications The PRESIDING OFFICER. Without These pictures of a twig and a tiny for low-interest loans from individuals objection, it is so ordered. blade of grass covered with 2 inches of and businesses, and awarded loans of Mr. BYRD. Mr. President, I again ice were taken on the lawn adjacent to $173,000. And overall, FEMA has consid- thank the Senator. the National Weather Service office. As ered 20,869 applications for individual The PRESIDING OFFICER. The Sen- you can see, telephone poles were and family grants, 10,085 applications ator from Maine. snapped in two, trees were coated by for disaster housing, 9,849 applications Ms. COLLINS. Mr. President, I rise ice. for SBA home and property loans and today to join my colleague, the senior Mr. President, this is literally a 4,410 applications for SBA business Senator from Maine, to describe just blade of grass. We have a closeup that loans. some of what the people of Maine have I am going to show you next on this. This tremendous need for assistance experienced in recent weeks, namely, This shows you just how amazing the must be met, and that is why I will the worst natural disaster in our ice was from this storm. A single blade continue my efforts in conjunction State’s history. The ‘‘Ice Storm of the of grass is photographed here encased with my colleague from Maine, to en- Century,’’ as we refer to it in Maine, with ice. sure that Maine people have rapid and began innocently enough with a light Adding insult to injury, on Saturday, efficient access to the assistance that rain on Wednesday, January 7. By the January 25, just as Mainers had begun will become available over the days time it let up 4 days later, however, the to return to life as usual, a second ice and weeks ahead. storm had encased the State in a layer storm hit, knocking out power to Mr. President, we are working with of ice up to 10 inches thick and left 165,000 Mainers and crippling the elec- the other States who were hit by the well over $100 million in damages in its tric grid in a region that had managed storm—Vermont, New Hampshire and wake. to come through the first storm rel- New York—on a supplemental funding When all we need to do to restore atively unscathed. package to help our states recover power is to flip a switch in our fuse By all accounts, the worst of natural from the devastation of the ice storm. boxes, it is very easy to take for grant- disasters brought out the best in The fact remains that we still must ob- ed just how essential power is to every Mainers. Volunteers flocked to shelters tain an emergency release of LIHEAP aspect of our lives. Electricity allows to lend a hand and to help serve meals. funds, we still must acquire supple- us to cook our meals, heat our homes, The State’s television stations joined mental assistance to help prevent and communicate with our neighbors forces to raise money for the Red Maine’s ratepayers from having to foot and our friends. From the second we Cross, and our radio stations and news- all of the utility bill, estimated to be wake up in the morning, usually from papers provided practical tips and en- $80 million; and the U.S. Forest Service the buzz of an electric alarm clock, couragement to help keep up the spir- estimates that it will cost $28 million power plays an integral role in our its of Mainers during our worst natural to clean up the more than 7 million daily lives. Think for a moment of ev- disaster. Heartwarming stories of peo- acres of working Maine forest which erything that you are able to do today ple with little or nothing giving all has suffered moderate to severe dam- so far because of power. Then just that they could were commonplace age; for making our farmers and our imagine how you would cope without during this tragedy. For 10 straight small businesses whole again and for power for 10 days or even longer as days, for example, one man opened his the additional costs our states have many Maine residents had to do. This home to his neighbors every single identified that they cannot cover. ice storm was the single most dev- night, housing the elderly and infants My colleagues from the Northeast astating natural disaster to hit Maine in his town and helping to remove the and I and my Maine congressional dele- in recorded history. Over 800,000—that heavy branches from roads and from gation have started working with the is approximately 7 out of 10—of our his neighbors’ driveways. Appropriations Committee to assure residents lost power for at least some On a personal note, when I ran out of that supplemental funding to meet the part of the storm, some for as long as wood after my fourth day without needs of our States can be included in 2 weeks or even longer. power, a neighbor quickly came to the the first supplemental funding bill As you can see from these pictures, rescue to help keep my pipes from which the committee will begin work Mr. President, power lines, telephone freezing. Acts of kindness like this one on early next month. poles and trees were snapped in two by As many of my colleagues know, we exhibited by my neighbor were re- the massive onslaught of ice. This is a have faced the challenges posed by dis- peated over and over again in countless picture that appeared in the Bangor asters in their own States. They recog- communities throughout the State. Daily News of power lines and of poles, nize how important this additional as- One in particular touched me deeply. telephone poles, and as you can see the When I was visiting the Red Cross sistance is to their States, and I hope tops of them have been sheared off by shelter in Bangor at the Air National that we can get this assistance as the massive weight of the ice. Guard base, I talked with an elderly quickly as possible in order to ensure a Mr. President, I grew up in northern woman in a wheelchair who had been quick and full recovery from the im- Maine. I am very used to mighty win- forced to leave her home because of the pact of this historic disaster. I thank the Chair. I yield the floor. ter storms but never, never in my life, storm. She was obviously a victim of a Ms. COLLINS addressed the Chair. have I experienced a storm like this stroke and was unable to move much of The PRESIDING OFFICER (Mr. one. As I looked out from the window her right side. In addition, it was obvi- HUTCHINSON). The Senator from Maine. of my home in Bangor, limbs from my ous that she was a person of very mod- Mr. BYRD. Mr. President, will the favorite maple tree in the front yard est means. Nevertheless, she said to distinguished Senator from Maine, Ms. came crashing down on my roof and me, ‘‘Could you help me by reaching COLLINS, yield just for a unanimous against the picture window in my liv- into my pocketbook. I have $2 there consent request? ing room. Transformers lit up the that I would like to donate to the Red Ms. COLLINS. I would be happy to night with blue sparks as ice brought Cross.’’ yield. them tumbling down as well. And I was Mr. President, that is the kind of The PRESIDING OFFICER. The Sen- much more fortunate than many Maine spirit, of generosity and kindness that ator from West Virginia. residents. Many businesses were forced characterizes Maine people. Even in

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S612 CONGRESSIONAL RECORD — SENATE February 11, 1998 her dire situation, this woman was able larly hard hit. In addition, because of the American people based on specific to think of people less fortunate than the countless downed trees and limbs, usage, and we have been entrusted with herself. That spirit of kindness and some of the 11 million acres of dam- the responsibility of ensuring that in generosity helped us to survive the aged forest lands will remain vulner- the case of transportation the tax- ‘‘Ice Storm of the Century.’’ able to fire and to insect attacks for payers’ gas tax dollars are used for our Unfortunately, while kindness and years to come. Neighbors, Government great country’s critical infrastructure good will and generosity and a sense of agencies and nonprofit organizations needs. community helped us to get through rallied to the support of the hundreds Unlike the Senator from West Vir- the worst of the storm, they alone can- of thousands of Mainers displaced by ginia, I am not an expert on the Roman not complete the recovery. the ice storm, but it will take a strong Republic and the Roman Empire, but I Mainers experienced serious financial commitment from the Federal Govern- am a student of history, and I believe and property losses as a result of the ment for Mainers to truly complete the that ancient Rome was one the world’s storm. Early estimates put the dam- process of putting their homes, their earliest and most successful civiliza- ages to homes, businesses, utilities and bases and their communities back to- tions. Some scholars would say it was public property at well over $100 mil- gether. good government that allowed the em- lion, and it is still growing. The esti- Vice President GORE’s tour of the pire to survive as long as it did. mated cost of repairs to Maine’s power hardest-hit areas and the prompt as- Others believe that it was the grid alone is a staggering $70 million, sistance of FEMA, HUD and SBA dem- strength of the Roman army. In my and that is money the ratepayers of onstrate the Federal Government’s opinion, one of the most enduring leg- Maine will have to bear unless there is concern for Mainers and their commit- acies of the Empire, carried on in our assistance forthcoming from the Fed- ment to recovery efforts. But addi- American civilization today, is the eral Government. tional help is needed. So as we enjoy practice of building roads to facilitate However, simply attaching a dollar the comfortable spring-like tempera- commerce and defense. America’s amount to the damage fails to provide tures in Washington, DC, I urge my transportation system is the envy of a true picture of the devastation expe- colleagues not to forget the Mainers the world and so is the commerce it fa- rienced by virtually the entire State of buried in ice and snow. I hope that my cilitates. I’ll add that the Roman Em- Maine. To give you a more vivid idea of colleagues will remember these statis- pire was once the envy of the world the destruction of the ice storm of 1998, tics and the photographs that the sen- too. Where is it now? With apologies to I want to share some statistics with ior Senator from Maine and I have Gibbon, maybe their government failed my colleagues. shown you today in the coming weeks to pass its transportation funding in a During this ice storm, 7 out of 10 as we join with other members of the timely fashion. Mainers lost power, some for as long as Maine delegation in asking for my col- By delaying the reauthorization of 14 days; schools across the southern leagues’ assistance through a supple- this multibillion-dollar ISTEA funding and central portion of the State closed mental appropriation for disaster re- we put at jeopardy not only commerce for many days, some for over 2 weeks; lief. and defense but the very lives and live- all of Maine’s 16 counties were declared I thank the Chair. I yield the floor. lihoods of those who send us here. Re- Federal disaster areas; at just one hos- The PRESIDING OFFICER. Under cently I was contacted by a Georgia pital in central Maine, more than 80 the previous order, the Senator from hospital on a different matter, but it people were treated for carbon mon- Georgia is recognized. did concern a road project in Georgia. oxide poisoning, 4 people, unfortu- Mr. CLELAND. I thank the Chair. They made the case for the need for a nately, died of carbon monoxide poi- f particular transportation corridor and soning; thousands of families were stressed the difficulty their emergency INTERMODAL SURFACE TRANS- forced into more than 100 emergency service vehicles were having in this PORTATION EFFICIENCY ACT RE- shelters across the State, hundreds of area. When we put off, day after day, AUTHORIZATION thousands of others spent the night action on this legislation, we impede, with their families, with family mem- Mr. CLELAND. Mr. President, I and sometimes, stop action on projects bers, neighbors or friends; more than 11 would like to speak today in support of which may be critical to an area’s million acres of Maine’s forest lands— the reauthorization of the Intermodal economy, or vital for highway safety. that is more than half of the State’s Surface Transportation and Efficiency Many Senators, Democrat and Re- total—were damaged by the storm. Of Act, better known as ISTEA. More im- publican, North and South, East and this total more than 3 million acres are portantly, I am here today to add my West, have all made the case that we classified as severely damaged; 1,200 voice to that of the distinguished sen- need to take up ISTEA legislation, and utility crews from as far away as Nova ior Senator from West Virginia, who I respectfully join those colleagues in Scotia to North Carolina were sent to has made an eloquent and persuasive urging prompt action. We must take up Maine to help restore power lines. We case for bringing this legislation to the this legislation now. That was the are very grateful for that assistance; floor for consideration at the earliest promise that was made to the Amer- our telephone company, Bell Atlantic, possible opportunity. ican people. dispatched 625 fieldworkers, several of That I believe was the commitment When we make commitments, Mr. whom were on loan from other States; the Senate made to the American peo- President, we must stick to them. We in a remarkable development, the De- ple prior to our early adjournment last simply cannot be a body of continuing partment of Defense actually airlifted year. In the last several days, I paid resolutions. That is not good govern- bucket trucks and power crews to help close attention to that said by my col- ment and it does not serve the people us with the repairs; manufacturers of leagues, many of whom in the Senate well. I know the leadership has heard electric parts from as far away as Ala- have commented on this matter. I about this a great deal the last 2 bama worked overtime for 10 days to would like to make just a few observa- weeks, but I must respectfully request help meet our power company’s needs; tions. that we take up this legislation now; 3 million feet of electrical cable were One of the most striking aspects of let’s bring this matter to the floor now. irreparably damaged and nearly 3,000 the debate which is apparently delay- Mr. President, ISTEA legislation is utility poles had to be replaced. Think ing the Senate’s consideration of important to our largest cities and our of how sturdy a utility pole is. We lost ISTEA is that it is taking place at all. smallest communities alike. It’s about 3,000 of them during this storm. It is not all that uncommon, I suppose, jobs, safety, commerce, defense, and Even after the debris has been re- based on my limited time here, that we it’s about the future. It’s too important moved and our electric infrastructure argue how to utilize supposedly dedi- to put off until an uncertain future has been repaired, much of Maine’s cated trust fund moneys. I am here date. We have a responsibility to act natural resources based economy will today to say that these trust fund dol- now. Let us do the work required of us. take years to recover. Dairy farmers, lars, whether for Social Security or Mr. President, I yield the floor and I maple syrup producers, apple growers, transportation, are not ours to allocate yield any remaining time to the distin- and our forestry industry were particu- as we see fit. They are collected from guished Senator from West Virginia.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S613 The PRESIDING OFFICER. The Sen- from the Federal Highway Administra- was before the Senate for about 21 days ator from West Virginia is recognized tion. The term ‘‘fatal crash rate’’ and then it was taken down and a for up to 20 minutes. means the number of fatal crashes per short-term, stop-gap highway author- Mr. BYRD. Mr. President, I thank my 100 million vehicle miles traveled. ization measure was enacted, which distinguished colleague, Senator MAX Shoulder widening can lower fatal will expire at midnight—midnight, CLELAND, for his fine statement urging crash rates by 22 percent, and one of when the clock strikes 12, midnight, on action on the ISTEA bill now. the lives that is saved may be yours, May 1, just 43—43—days away. Mr. Mr. President, bad roads are killers. yours—and roadway alignment im- President, there is a time bomb ticking In 1996, nearly 42,000 people lost their provements can lower fatal crash rates here. Congress has 43 session days. lives in traffic accidents on America’s by 66 percent. These are huge figures. Let’s talk about the Senate. The Sen- highways; in 1996, 355 of those fatalities Widening or modifying a bridge re- ate has 43 session days remaining, and occurred in West Virginia. The Federal duces fatal crash rates by 49 percent, that includes today; 43 session days re- Highway Administration (FHWA) and constructing a new bridge when maining until midnight May 1. So 43 maintains that poor road designs and the current one is deficient can reduce days includes today and includes May conditions are a contributing factor in fatal crash rates by 86 percent. 1. The clock is ticking, and the time at least 30 percent of those fatal crash- I well remember, and shall never for- bomb is ticking. es. That works out to more than 12,000 get, the fatal collapse of the Silver Roadway safety depends on the unin- Americans—over 100 West Virginians— Bridge at Point Pleasant, WV, in 1967, terrupted flow of Federal highway whose lives could be saved each year by in which collapse 46 people plunged to funds, and yet the Senate is literally an investment in better, safer roads. their deaths in the cold waters of the inviting a shutdown of our State and These fatalities are not just numbers. Ohio, the Ohio River; 46 people plunged Federal highway programs by delaying They are lives, precious lives lost be- to their deaths in 1967, 31 years ago, action on ISTEA II. Forty-three days, cause we are not spending the money when the Silver Bridge at Point Pleas- 43 session days when the Senate will be that is needed to make our highways ant collapsed. in session, not including Saturdays and safe. So, constructing new bridges when Sundays and holidays. And roadway fatalities are on the the current bridges are deficient can Senators don’t have to just take my rise, having risen in each of the past 5 reduce fatal crash rates by 86 percent. word for that. Let’s see what the law years. Highway crashes are now the Upgrading bridge ratings can cut fatal says. The short-term highway bill that fifth highest cause of all deaths and the crash rates by 75 percent. the Senate passed and the House passed leading cause of death for young people In addition, the number of lanes on a and was signed into law by President between the ages of 6 and 27. road has an impact on safety. National Clinton on December 1 of last year, This national problem can be blamed, statistics show that four-lane divided let’s see what that law says. That is at least in part, on the deplorable and highways are substantially safer than the short-term highway authorization deteriorating condition of our Nation’s other roads. Four-lane divided high- bill by which the time was extended 6 highways and bridges. Of the 950,215 ways are substantially safer than other months, the authorization for highway road-miles eligible for Federal funds, roads. programs, spending on highway pro- the Federal Highway Administration, May I say to my distinguished col- grams. in its biennial Performance and Condi- league from West Virginia, Senator Let’s see what Public Law 105–130, tions Report, found that 28 percent of ROCKEFELLER, that when I was in the the Surface Transportation Extension the pavement mileage is poor or medi- legislature in West Virginia in 1947, 51 Act of 1997 says, in part. Hear it: ocre in condition, meaning it needs im- years ago, West Virginia had a total of A State shall not obligate any funds for mediate repair to remain passable. The 4 miles—West Virginia had a total of 4 any Federal-aid highway program project FHWA also reports that the country miles of divided four-lane highway; 51 after May 1, 1998. has 181,748 bridges, in other words, 31 years ago. Four miles. That was it for There it is. That’s the law, and fur- percent of all bridges over 20 feet in the entire State. And today there are ther obligating by State road systems length, that are structurally deficient almost 900 miles of divided, four-lane or transit systems after midnight on or functionally obsolete. The report es- highways. May 1 will be illegal. Further obli- timates that nationwide investments National statistics show that four- gating funds for highway programs must average $54.8 billion annually just lane divided highways are substan- after midnight on May 1 will be against to maintain current road and bridge tially safer than other roads. In 1995, 77 the law. Let’s read it again. This is the conditions over the next 20 years, $74 percent of all fatal crashes—get that, 3 law: billion annually to improve the high- out of 4—77 percent of all fatal crashes A State shall not obligate any funds for way network. Currently, all levels of occurred on two-lane roads, while only any Federal-aid highway program project government, Federal, State, and local 5 percent of those crashes took place after May 1, 1998. combined, are investing only $34.8 bil- on four-lane divided highways. Now, I hope that the Governors and lion annually. That means we are not Of course, making the types of im- the mayors and the highway agencies even coming close to making the in- provements I just outlined will cost out there across the country will con- vestments necessary to maintain our money. But making that investment sider that language that I just read. vital highway infrastructure. will reap human dividends. According You must know that after midnight Fortunately, this trend can be re- to the Department of Transportation’s May 1 of this year, you, the highway versed. Well designed and maintained 1996 Annual Report on Highway Safety agencies of this country, will not be roads will increase our safety by reduc- Improvement Programs, every $100 mil- permitted to obligate further funding ing vehicle deaths and injuries. They lion invested in roadway safety im- for Federal aid highway programs. And also save Americans the anguish of los- provements will result in 144—12 that is just 43 days away, including ing a loved one. dozen—144 fewer traffic fatalities. today. ‘‘Time Bomb Ticking.’’ That’s The Federal Highway Administration And now, Mr. President, we arrive at it. has conducted extensive research on the crux of the matter. The U.S. Sen- So if we postpone debate on ISTEA II the lifesaving improvements that can ate is sitting idle. Not exactly sitting until after finishing the fiscal year 1999 be made to our highways and bridges. idle. There are other matters that are budget resolution—that is what some According to Federal Highway Admin- being considered and they are not un- of the budgeteers in the Senate are im- istration research: Widening a road important. But insofar as doing some- portuning the Senate majority leader lane by 1 foot can lower crash rates by thing about the highway conditions of to do—delay, delay, don’t take up the 12 percent. Widening a road lane by 2 the country is concerned, the United 6-year full-term extension of the high- feet can lower accident rates by 23 per- States is sitting idle—the U.S. Senate way authorization legislation, don’t do cent. and House are sitting idle when Con- that until the budget resolution is The construction of medians for traf- gress should be working to finish the taken up. fic separation can reduce fatal crash ISTEA bill, a bill which was brought up Well, if we postpone debate on ISTEA rates by 73 percent. This is information last October and debated, or at least it II until after finishing the fiscal year

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S614 CONGRESSIONAL RECORD — SENATE February 11, 1998 1999 budget resolution, the earliest about whom people already felt one have to finish. Some people complain then that the Senate will take up the way or another. that my senior colleague puts so much highway bill will be late April, after One has a sense that we are filling emphasis on Corridor H. I would say the spring recess, and that assumes time. I don’t say that in a partisan that we in West Virginia are very that we meet the April 15 statutory way, I say that in just a sort of gen- grateful that Senator BYRD is doing deadline for the budget, which we are erally frustrated way. In my 13 years in just that because it is the only way we not accustomed to doing. the U.S. Senate, this feels like the are going to get this critical road fin- But let us assume that miracu- slowest start to a year in which we ished. lously—I still believe in miracles, but have so many things that we need to If I can just explain the importance not here on this floor—let us assume accomplish. of roads like Corridor H and reflect on that miraculously we meet the dead- So the excuse of not moving on the the urgent need for this ISTEA reau- line and turn to ISTEA II first thing on reauthorization of the Intermodal Sur- thorization, is to remind people listen- April 20, that would leave less than 2 face Transportation Efficiency Act—an ing that you still really can’t get from weeks before the May 1 funding dead- incredible name, I agree, but incredibly the east coast into the central part of line, after which States will be prohib- important legislation it is—simply es- West Virginia or any part of West Vir- ited by law from obligating any Fed- capes me. Why wouldn’t we be doing it? ginia easily. eral highway funds. If we wait until I can remember when I was Governor You know, trucks are not willing to after the budget to consider ISTEA II, working with my senior colleague, Sen- drive on two-lane highways. We wish we are virtually guaranteeing—guaran- ator BYRD, and Senator Randolph on an that they could, but they do not. And teeing—that Federal highway funds amendment in this area to help West we have a very difficult aviation situa- tion which some of us are also working will be cut off—will be cut off. Virginia and other states obtain the That is why the highway bill cannot matching money they needed to apply on very hard. We have an ample wait. That is why it should not wait. for. amount of rivers and barges, but even Given the needs that exist on our Na- The people of my State, the people of there, Senator BYRD and some of my colleagues in the House have to work tion’s highways and the safety risk all the States where roads are needed very, very hard to modernize the lock which current conditions pose, we can- and construction needs to be finished, system, many of which were built, 50, not afford to delay lifesaving highway where bridges need to be completed, 60, 70 years ago. projects. The Senate must turn to the are facing a cut-off of funds that car- ries no logic to it, as far as I can under- So transportation for us is not what ISTEA bill now. The time bomb is tick- it is, let us say, for some other States stand. If there is a formula problem, ing—tick, tick, tick, tick. Time for ac- which are relatively flat or have very and there always is because that is the tion is now. warm climates so that roads last far way we classically operate in the Sen- Mr. President, how much time do I longer. We not only constantly have to ate, we should set a deadline to resolve have left? repair our existing roads, but we also The PRESIDING OFFICER. The Sen- the problem. We need to face up to a have not even completed our basic road real deadline—my senior colleague is ator from West Virginia has 1 minute 3 system. And that is terribly disad- making this point, Mr. President—be- seconds remaining. vantageous. Mr. BYRD. I yield that to my distin- cause waiting longer doesn’t just put You can track the economy of West guished colleague, and that will give off the day when we even start to try Virginia, how well certain places are him more than 11 minutes, I believe. to deal with these and the other out- doing, and others are not doing, based The PRESIDING OFFICER. The Sen- standing issues. upon how close they are to a four-lane ator is correct. But we can resolve those issues. The highway. That is not unique to West Mr. BYRD. I thank the Chair. I yield Senate has resolved far more conten- Virginia, but it is West Virginia at this the floor. tious issues than these. So I don’t have moment for which I speak and this Mr. ROCKEFELLER. Mr. President, I any doubt about that. I do have a very Senator speaks. And, therefore, I feel thank my esteemed senior colleague strong sense of the damage that failure very strongly about this situation. from West Virginia. The junior Senator to act on the highway bill will do to Roads supply jobs. Why can’t we look doesn’t believe he will need 11 minutes, the State that my senior colleague and at it that way? I can remember when but I am grateful to have that oppor- I represent. It happens to be a State we were building what we call the turn- tunity. As needs to be said, Senator which has almost no flat land. I think pike in West Virginia, which was BYRD has been remarkable in his fight about 4 percent of our land is flat. meant originally to be a four-lane for roads and infrastructure, and not I am very familiar with the Presiding highway and ended up to be a two-lane just for roads for West Virginia, but Officer’s State, because my uncle was highway. How that happened is a mys- also as a fighter for roads for Arkansas Governor of Arkansas and my first tery which has been shrouded in the and every other state in this country. cousin now is Lieutenant Governor, as history of West Virginia for many My senior colleague and I—I having the Presiding Officer and I have dis- years of speculation. But the point is, been Governor for 8 years, my senior cussed. I know the Ozarks are a part of building that highway involved going colleague having worked on this prob- Arkansas. It is very difficult there. through some of the worst, steepest lem for many, many years—we are inti- There are also lots of mountains. West part of the beautiful, gorgeously beau- mately acquainted with the nature of Virginia is mostly mountains. It is the tiful southern mountains. And that was what four-lane highways and federally oldest mountain system in the world. an enormous project. I mean, it is not qualified roads, like route 33 and route The Appalachian Mountains are the like building roads in many other parts 250, can mean. So this is not a minor oldest mountains in the world. They of the country—you have to build huge issue to us. have been worn down over the cen- abutments of towering concrete walls I am here on the floor to ask there- turies, but they are very formidable as you cut into the side of mountains. fore why it is that the Senate still isn’t and still blanket the greatest part of The work involves phenomenal engi- acting on the highway bill. Why is it? our State. neering feats. It is like building the I pick up the RECORD of yesterday. It is So I would say to my senior col- Panama Canal to put an Appalachia not enormously thick. There is not a league, I can remember the last year I corridor or interstate in most parts of lot on our calendar. My senior col- was Governor, it cost, for about a mile West Virginia. league talked about the Senate sitting of interstate or a mile of Appalachian The construction jobs that stem from idly by. We have cast a handful of votes corridor highway, about $17 million to roads are tremendously important to since reconvening. We had one vote build a mile. That was back in 1984. I us. The Nation’s unemployment is low. today. It may be our last one for the have to assume that we are talking But in West Virginia, our rate is ap- day. We had a couple votes yesterday. now $25 million to $30 million per proximately twice the Nation’s unem- They were not votes, Mr. President, mile—per mile. ployment. Every job is important to that required enormous amounts of de- Completing and upgrading our roads us. There is not a single job in West bate. We had time laid out for debate, is a terribly urgent situation for West Virginia that anybody takes for grant- but they were on individual judges Virginia. We have Corridor H which we ed. There is not a single job in West

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S615 Virginia, the potential for a job, that Little Kanawha. You have to be able to tration and some Senators, of course, people do not clamor for, try for. drive. want to spend those moneys on. But Toyota recently moved some of their So I simply say, in lending my very, the American people believe, because production to West Virginia. And they very strong support to Senator BYRD’s they have been told, that the moneys are going to make half of all of their efforts, and as somebody who was a in the trust fund should be spent for engines in North America and Canada Governor for 8 years and understands highway improvements and transit im- in West Virginia. They had a need for the economic significance of our infra- provements. 300 workers, and they got applications structure, that there is no reason to go I have not said much on the West from 25,000 people. What does that tell on with this uncertainty. There is sim- Virginia angle of this, but I intend to. you? Obviously some were from Ohio, ply no excuse. I join my senior col- But that is what the amendment which some from Kentucky, some perhaps league, and praise him for all he has Senator GRAMM and Senator BAUCUS from Virginia, but we want the work. done in carrying the fight over the and Senator WARNER and I and 50 other We want the work, we want the years and carrying it almost single- roads, and we want the roads so then handedly. I urge my colleagues to join Senators, making a total of 54 Sen- ators, are urging, that that ISTEA bill we can further create the jobs. In fact, with Senator BYRD and join with Sen- be brought up, urging that the money to make the point, Toyota would not ator DORGAN, who was speaking earlier, be in West Virginia if it were not for and others, so that we can get imme- in the highway trust fund be spent for Interstate 64. They openly declare diate consideration of ISTEA. It is the highways to improve the highways and themselves to locate their plants close right thing for the Nation. It will ben- to improve transit programs. to where Interstate 64 is whether it be efit our State and the Presiding Offi- So that money is there. And, as I say, Kentucky, West Virginia or wherever. cer’s State. And we have no reason at there are some on the Budget Com- So the economic need for turning our all not to be doing the people’s busi- mittee, not all, some on the Budget attention to the ISTEA reauthoriza- ness in this critical area. Committee who are importuning the tion bill is obvious and clear-cut to my I thank my senior colleague, and I leader, the majority leader, not to constituency. Our States wait to know thank the Presiding Officer. bring up ISTEA now—keep it, wait, whether they can go ahead with their Mr. BYRD. Mr. President, is any wait until after the budget resolution infrastructure plans. They watch us ap- time remaining? is brought up. And those particular prove a couple of judges and work on a The PRESIDING OFFICER. Time has Senators, in my judgment, do not want couple things. We had a vote on a just expired. to see those gas tax moneys spent on Mr. BYRD. Mr. President, I ask unan- cloning bill this morning. It wasn’t highways. They want to spend them on imous consent to proceed for 3 min- cloning, it was what leads up to other programs. cloning. Maybe we will get around to utes, after which I ask unanimous con- another vote this afternoon; maybe we sent that the distinguished Senator So, Mr. President, I again urge that will not. from Texas, Mr. GRAMM, may proceed the leadership keep its commitment to But, good grief, this highway bill has for not to exceed 15 minutes. I do not the Senate and call up this highway to be done, Mr. President. It has to be see any other Senator seeking recogni- bill. I can understand the pressures on done. This is the people’s will. We made tion. the majority leader. I have been major- them a promise with the 6-month ex- The PRESIDING OFFICER. Without ity leader. And I can understand the tension. And we are not keeping that objection, it is so ordered. pressures that are on the majority promise. And there is no reason not to. Mr. BYRD. Mr. President, I thank my leader from other Senators. And, as I It is a bill which does good. And again, distinguished colleague, Senator say, I have a feeling that the majority there may be argument about the for- ROCKEFELLER, former Governor from leader, if he did not have those pres- mula, but however it comes out, it is West Virginia, who served 2 terms as sures, would have the ISTEA bill going to do every single State an enor- Governor. I thank him for joining in brought up now. I have a feeling—I cer- mous benefit. urging that the ISTEA bill be called up tainly have a hope—that he would sup- And I have to say one last time that at this time. And he made the point port the amendment that 53 of my col- our State will benefit enormously from that partisanship isn’t involved here. leagues are supporting. this legislation and needs this legisla- There is no partisanship in this. Mr. President, I again thank my dis- tion to pass. We have not finished our Both sides of the aisle—there are tinguished colleague from West Vir- road system. We do not have the pros- Senators on both sides of the aisle who perity that we deserve in West Virginia want ISTEA, the ISTEA bill to be ginia, especially for his reference to for which our people have struggled for called up. And there are Senators on Corridor H and Corridor D and other a hundred years or more. Coal is dimin- both sides of the aisle who are sup- corridors in West Virginia. ishing. Only 6 percent of our work force porting the amendment, the Byrd- I ask unanimous consent for 1 addi- is involved in coal. Gramm-Baucus-Warner amendment, tional minute. We need to have manufacturing and which would provide for the moneys The PRESIDING OFFICER (Mr. we need to expand our intellectual and that are in the trust fund, the moneys THOMAS). Without objection, it is so technological activity. We need to have that the American people have paid at ordered. all kinds of things. We cannot rely on the gas pump, the 4.3-cent gas tax, for coal and steel as much as we used to. example. That is doing nothing now ex- Mr. BYRD. Mr. President, there is a So I make the point that Corridor H cept building up surpluses in the trust small vocal group in West Virginia has to be finished. It is absolutely a re- fund. that opposes Corridor H. But there was quirement for the State. Corridor D There are Senators on both sides of a poll taken in West Virginia within needs to be finished. As my senior col- the aisle, Republicans and Democrats, the last 2 weeks, I believe, that showed league knows better than anybody, who want to see those moneys that are that 80 percent—79 percent of West Vir- that has been nearly finished except for spent by the American people out there ginians support the completion of Cor- a few miles, but those miles are enor- in the form of gas taxes, who want to ridor H inside West Virginia. Only mously expensive miles, and they have see those spent for highways to im- about 6 percent—6 percent—of the peo- been languishing now for 2 decades or prove highways and mass transit pro- ple are very opposed, and that is the more. And that is what connects the grams. As of now, they are just build- highly vocal group over there that has western part of our State with Ohio ing surpluses; they are not being spent been opposing Corridor H. Of course, and the rest of the Nation. for anything. they have some people over in some of West Virginia is enclosed by enor- There are those in this Senate who the adjoining States who add their mous States: Pennsylvania, Ohio, Ken- are importuning the distinguished ma- voices to the small 6 percent in West tucky, Virginia, and Maryland. People jority leader not to call up this high- Virginia who are opposed to com- cannot get out or cannot get in unless way bill right now because they want pleting Corridor H. About 8 or 9 per- they can drive out or in or fly out or to wait until after the budget resolu- cent, as I understand it, from the poll in. And they cannot fly out or in eas- tion is adopted so that these moneys in do not take any position one way or ily, so they have to drive. You cannot the trust fund can be spent for social another. But 79 percent take a strong canoe down the Ohio River and up the programs, and so on, that the adminis- position

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S616 CONGRESSIONAL RECORD — SENATE February 11, 1998 for the completion of Corridor H inside traffic, improving the environment in and simply stand by and watch the West Virginia. the country. You could list 100 things Government spending it on everything So my colleague mentioned Corridor that are positive for America that will except highways is, I believe, out- H. And I hope that eventually in my occur, beginning on May 2, if we can rageous and unacceptable. Quite frank- lifetime we can see Corridor H com- pass this amendment and pass the ly, I believe that is going to end this pleted inside West Virginia. It has been highway bill. year—end this year. promised to the people of West Vir- Now, Senator BYRD and I have spo- Some people have raised questions ginia for 33 years. And the Appalachian ken virtually every day for the last 2 about the priorities of the bill. We have highway system has been promised to or 3 weeks, and we have made a series answered each and every one of those the 13 States in Appalachia for 33 of points that no one who opposes the questions about the amount that goes years. It is 78 percent complete in the amendment has come down to try to to the States, the amount held by the region, 74 percent in West Virginia. argue against. Those points are basi- Secretary. Questions have been raised The time bomb is ticking. I hope that cally the following: Gasoline taxes about the Appalachian program, start- we can get that bill up and let the Sen- have historically been devoted to road ed in 1965, as a percentage of money ate work its will on these amendments, construction; the American people are spent on highways. We are actually in my amendment included. led to believe this by every sign on our amendment asking for less than Mr. President, I again thank the dis- every gasoline pump in America. They the President requested, the same tinguished Senator from West Virginia, are paying lots of taxes, but the good amount, for all practical purposes, re- Mr. ROCKEFELLER. I thank the Chair news is it is a user fee for roads. And quested by the House. and thank my colleague from Texas for yet that is not the case today nor has Questions are raised about border in- his patience. it been the case through the 1990s. frastructure and international trade Mr. GRAMM addressed the Chair. Money has been collected in gasoline corridors. We actually have less money The PRESIDING OFFICER. The Sen- taxes and spent on other things. in our amendment than the bill that ator from Texas. Second, we have established very came out of committee, but there is Mr. GRAMM. Mr. President, I thank clearly that this amendment does not one big difference. We make it possible our dear colleague from West Virginia. bust the budget. Nothing in this that Congress might actually fund it, It has been a great honor for me to amendment raises the total level of whereas the committee bill, in a work with him on this. I believe we are spending. What this amendment does is sleight of hand, appears to provide the going to win on this amendment. We it requires that the money collected for money but really doesn’t provide the have 54 cosponsors. We probably have road construction be spent for road money. 25 other Members of the Senate who construction and nothing else. In short, we have answered each and are ready to vote for the bill. We gain In fact, one of our colleagues, in ar- every one of the criticisms that have strength every day. guing against the amendment, posed been raised in this initiative. It is the There is only one thing that is stop- the question to Senator BYRD and to right thing. It is what we tell people we ping us from passing a new highway me, ‘‘If you spend this money on high- are doing. It does not violate the Budg- bill that can begin providing money to ways, that means we are not going to et Act. It does not raise the total level build highways all across America on be able to spend it on the other things of spending, and it doesn’t create any May the 2nd. And that one thing is we want to spend the money on.’’ new priorities. It simply sets out an or- that we have been unable to bring the I think it can be argued in two ways. derly fashion of fulfilling obligations highway bill up so that we can offer The first argument is that we have a we have made in the past. the amendment, our amendment, by desperate need for highways in Amer- Now, we are getting down to the mo- forcing the Government to live up to ica—31,000 miles of roads in my State ment of truth. The highway bill is the commitment it has made to the are substandard. We have thousands of going to expire on May 1. So road- American people when it puts on a gas- bridges that have been certified as not building equipment that is currently in oline pump that about a third of the being safe. We are basically now at a the process of building highways and cost of a gallon of gasoline is taxes. point in Texas that half of the money roads and interstates all over America, But the good news is, those taxes go to we have for roads goes to just maintain come May 1, they will cut those ma- build roads. What we are trying to do is the roads we have. The expected life of chines off. Come May 1, people are to force the Government to do what it a road is between 30 and 40 years, de- going to be forced to walk off the job tells people it is doing, and that is, pending on where it is built. We built because we have not provided money spend the money on roads. our great farm-to-market roads in for highways. It is not that we don’t We now know that between 25 and 30 Texas in the 1930s and 1940s. We have have the money, Senator BYRD. We cents out of every dollar collected in long since exceeded the life of those have the money. It is being collected gasoline taxes has been going to fund roads. Our busiest roads in Texas, our every time any American goes to the everything except highways. And so interstates, were built in the 1960s. filling station and pumps gas. But they what our amendment is trying to do is They are heavily used, some beyond 100 are going to stop building roads all to require truth in Government by say- percent capacity, and they are reach- over America on May 1 because we are ing that gasoline taxes have to, in an ing the end of their economic life. not allowed to vote on a highway bill orderly, fiscally responsible manner, be What do we spend on in Government to allow the expenditure of money that spent on highways. that is more critical than national se- is being collected specifically to build This is a big deal. This is a very big curity and roads? But as strong as that roads, even though we are collecting deal in every State in the Union. What argument is, that is not the strongest more money for road construction in it means in my State, what it means in argument. the gasoline tax than ever in history. West Virginia, what it means in every Our colleagues stand up and say, if Despite the fact that the surplus grows State in the Union is roughly a 25 per- the money you collect for highways is every single second, we have the ter- cent increase in the amount of money really spent on highways—we plan to rible prospect of highway construction that is available to build roads begin- spend this money on other things. I stopping all over America on May 1. ning on May the 2nd. think, quite frankly, that there is an There is only one solution to this We are not talking about doing some- argument in terms of basic honesty in problem—bring up the highway bill. We thing that is going to be felt in your dealing with the electorate that we debated it last year. It got bogged State in the sweet bye and bye. This is have on our side, and that is that we down in other issues. I wish we could something that on May the 2nd we can have a revenue source dedicated to the have broken the deadlock last year. It begin to see States letting contracts, highway trust fund. So not only is is bad public policy that it happened. putting people to work, pouring con- there a great need for roads, but the But the point is this is not last year. crete, pressing asphalt, improving the money was collected for that purpose This is this year. We have an oppor- quality of our roads and highways, sav- and for that purpose only. The idea tunity right now to bring this bill up. ing lives, creating jobs, reducing the that we are going to collect potentially I can assure you, we are not going to amount of time that we all spend in $90 billion for highway construction let any issue that has nothing to do

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S617 with highways derail this bill this running out here. I think we have been that far. So the money is in the trust year. There are a lot of legitimate very patient. I think we have tried to fund, and I compliment him. issues that need to be debated. We need work with everybody. We have been Now he has joined with me and 52 to bring this bill up and we need to willing to sit down and talk to anyone. other Senators—in addition to the two bring it up as soon as we get back from You don’t get 54 cosponsors by acci- of us, he has joined with me and 52 the recess next week. dent. You do it by answering a lot of other Senators, Mr. BAUCUS and Mr. I feel an obligation to people in my questions, by convincing a lot of peo- WARNER, in particular—who are initial State. I feel an obligation to the State ple. I don’t think anyone has asked cosponsors of this legislation. He has where we pay in gasoline taxes on a per Senator BYRD or asked me to sit down joined with us in attempting to author- capita basis as much as any State in with them to explain this amendment, ize, to have the Congress authorize, the the Union. It is not uncommon for peo- what it does, how it will affect their expenditure of the moneys in the trust ple in my State to drive in their cars State, how it will affect anything they fund, the 4.3-cent gas tax, to authorize and trucks 50 miles one way to work, are concerned about. But we are going the expenditure of those funds for high- to drive 30 miles to take their children to reach a point here when we come ways and for mass transit programs. to school. People in my State need back after the recess where we have to That is what they were intended to highways. They pay for them by paying quit explaining and start acting. be used for. He has stood like a stout the gasoline tax. I urge those who would like to com- Irish oak on his side of the aisle in urg- I want to urge our leadership to work mingle this with the budget, while I ing that the ISTEA bill be brought up with us to bring this bill up. This is not really believe that is a ruse to beat our and in urging support of this amend- a budget issue. We are not talking amendment—they are trying to con- ment upon which we are both allied about busting the budget. We are not vince people that our demand that we and working. I thank him for that. I talking about setting the total level of spend money for the purpose we tell thank him for his steadfastness; he has spending. We are talking about requir- people we are going to spend it when stood like a Rock of Gibraltar. We will ing money to be spent for the purpose we collect it is somehow on a par with continue to work in the effort to im- that it was collected and not on other proposals made to spend money to just plore the bringing up of this highway things. But if there are those who want simply increase the level of expendi- bill. I thank him very much. to talk about this within the context of ture. There is no comparison between Mr. GRAMM. Mr. President, I thank the budget, Senator BYRD and I are not the two. But if somebody wants to talk the Senator from West Virginia. Let so busy that we don’t have time to sit to us about the budget as it relates to me just conclude by saying that the down and talk. I believe that the day our amendment, we are willing, any American people cry out for bipartisan- we come back, week after next, that time, day or night, to sit down and ship. This is the only real bipartisan ef- the situation with highways is going to talk to them. What we are not willing fort of this Congress. We have 54 co- be getting so desperate that we will to do is to sit here and let May 1 come sponsors on this bill; they are roughly have to do something. I think we ought and let highway construction stop all divided, Democrats and Republicans. to bring up the highway bill. I think it over the country. We are not willing to This is not a partisan issue. I hope we would be bad for us to be forced to try do that, and we need to get on with the can move ahead and I believe we will. I to deal with this issue as an amend- task of passing the highway bill and, I want to thank the Senator from West ment on another bill. That is not the believe, passing this amendment. Virginia. It has been a great honor for way I want to do it. I know the Senator I want to thank my colleague, Sen- me to work with him. I believe we are from West Virginia doesn’t want to do ator BYRD, for his leadership. We have going to be successful, in large part, it that way. We need to act and we done a lot of work on this. I would like because this is the right thing to do. need to do it very quickly. We are run- to believe the number of cosponsors, But as Edmund Burke once said, ‘‘All ning out of time. the progress we have made, is some- that is necessary for evil to triumph in I want to conclude by simply urging what due to our persuasiveness. But I the world is for good men to do noth- those who would like to commingle think, really, it is not our persuasive- ing.’’ We intend to do something to make this issue with the budget, if they want ness; it is the strength of the case we this happen—however much work it to sit down with Senator BYRD, with are making. This is the right thing to takes. We have carried this ball all the me, with Senator WARNER, with Sen- do. It is clearly the right thing to do. I way down to the goal line, and we are ator BAUCUS, to talk about how this think if the American people really un- not about to fumble it or call time-out might fit into a budget that would be derstood what this debate was about, if right now. written later, we are willing to sit they really understood that the critics down and talk about it. It is not a I thank the Chair and yield the floor. of what we are doing are saying, ‘‘Don’t Mr. BYRD. Mr. President, I suggest budget issue. Quite frankly, I believe spend the money for the purpose you those who oppose us want to make it a the absence of a quorum. select it is because we want to spend it The PRESIDING OFFICER. The budget issue so that they can say to on other things,’’ they would be out- clerk will call the roll. people, look, don’t vote for these high- raged about it. I think that is one of The legislative clerk proceeded to ways because if you do that, then you the reasons that people don’t come call the roll. can’t spend all this money on other over and debate us on this subject. Mr. SPECTER. Mr. President, I ask things, money requested by the Presi- I am glad to be on a side of an issue unanimous consent that the order for dent, money sought by other interests, where we are right. I can assure you, it the quorum call be rescinded. money expenditures that are supported is much easier to argue something if The PRESIDING OFFICER. Without by Members of Congress. the facts are on your side. Now, often objection, it is so ordered. There is one fundamental difference. here, great cases are made when the f Nobody is saying that child care is not facts don’t comport, but when they are important or food stamps aren’t impor- on your side, it is easy. And they are THE WAR CRIMES TRIBUNAL tant, or funds for the IMF aren’t im- on our side on this issue. Mr. SPECTER. Mr. President, in the portant, or paying dues at the United Mr. BYRD. Will the Senator yield? absence of any other Senator seeking Nations are not important, or that for- Mr. GRAMM. I am happy to yield to recognition, this may be a good time eign aid is not important. But there is the Senator. for me to report briefly on the travels one fundamental difference. None of Mr. BYRD. I want to thank the dis- that I undertook from December 30 to those expenditures has a dedicated rev- tinguished senior Senator from Texas. January 13, when I visited the War enue source. None of those expendi- He worked inside the Finance Com- Crimes Tribunal in The Hague and tures has a tax that working Ameri- mittee to offer an amendment which found that this agency is moving for- cans pay for the purpose of funding was adopted in the committee transfer- ward with prosecutions on war crimes them. Americans do pay a gasoline tax ring the 4.3-cent gas tax to the trust against humanity, arising out of the to build roads. So our claim is strong- fund, to the highway trust fund, where activities in Bosnia. er. We have committed to people we it would be spent on highways and It is my sense that after the first are going to do this. I believe time is mass transit programs. So he got it conviction, which has been obtained,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S618 CONGRESSIONAL RECORD — SENATE February 11, 1998 the tribunal is on its way to estab- ful resolution there. It can’t be said There being no objection, the mate- lishing a very, very important inter- with certainty, but the parties were rial was ordered to be printed in the national precedent. For the past dec- very close before Prime Minister Rabin RECORD, as follows: ade-plus, many of us, including Senator was assassinated. REPORT ON FOREIGN TRAVEL DODD, Congressman JIM LEACH, myself, I had an opportunity to talk to In accordance with my practice of report- and others, have been working to try to Prime Minister Netanyahu and Presi- ing on foreign travel, this floor statement bring an international criminal court dent Assad in August and November of summarizes a trip which I took from Decem- into existence. It is my sense that if 1996. At that time it seemed to me that ber 30, l997 through January 13, l998 to four- the War Crimes Tribunal is successful, the parties were far apart, with Prime teen countries in Europe, Africa and the we may have the most important insti- Minister Netanyahu saying he wanted Middle East. My trip had several purposes: to tutional change in international rela- evaluate the work of the International to negotiate for peace but would do so Criminal Tribunal for the former Yugoslavia tions in this century, if we can bring only if there was a clean slate and he and Rwanda in The Hague in prosecuting in- the rule of law into the international had a new mandate. President Assad of dicted war criminals and in laying down the arena. Syria, on the other hand, said he, too, precedent for the establishment of a perma- I think it is very important that the wanted to negotiate but would do so nent international criminal court, to evalu- outstanding indictments be served. In only if they would begin where the ne- ate the President’s request for an open-ended talking to the military leaders and gotiations left off with Prime Minister extension of time for the U.S. military par- NATO in Bosnia, I have been informed Rabin. ticipation in United Nations Stabilization that we have the capacity to do so if Force operations in Bosnia, to assess the While the words were very similar, progress of the Middle East peace process, the instructions are given. Up until the when I had a chance to talk to Prime and to gather information in support of my present time, the rule has been to serve Minister Netanyahu and President legislation to strengthen U.S. policy against them with warrants of arrest if our Assad last month, the music, it seemed countries that persecute religious minori- military groups come into contact with to me, was a little bit different. Syria ties. those under indictment, but they are had a new set of problems with their INTERNATIONAL CRIMINAL TRIBUNAL not to make an effort to search them economy, and Netanyahu faces a new The first phase of my trip involved a re- out. It is a delicate matter and has to set of problems. I think activist inter- view of the progress of the International be handled with discretion and with re- vention by the President could well Criminal Tribunal for the former Yugoslavia gard to not losing lives in the process bring the Israeli-Syrian tract to a con- and Rwanda in The Hague. This was my of making the arrests. But, I think clusion. It is certainly worth a try. third trip to that body in as many years, and that ultimately those warrants of ar- its good work reaffirmed my belief that the As to the Palestinian-Israeli tract, it tribunal could well set the stage for the cre- rest do have to be served. is much more complicated. But, here We stopped in Bosnia and saw the ac- ation of a permanent International Criminal again I have urged the President to Court, which would do much to deter future tivities there. Mindful of the Presi- bring Mr. Netanyahu and Mr. Arafat crimes against humanity. dent’s recent request for an open-ended into the same room, at the same time, In The Hague, I met with the Tribunal’s stay in Bosnia, we discussed with the to hear their complaints and to try to Chief Prosecutor, Louise Arbour, and several military leaders and with some of the bring a resolution to those very serious American members of her staff, to discuss pending prosecutions arising from war soldiers their sense as to what was problems. going to happen there. crimes in the former Yugoslavia and Rwan- Part of the mission on this trip was The Congress has legislated to bring da. The prosecutors were much more opti- to explore persecution against Chris- an end to the funding as of June 30, mistic than they had been on my two pre- tians and other religious groups. Our vious visits in 1996. One assistant prosecutor, 1998, with certain exceptions relating travels took us to Egypt, Ethiopia, Eri- Ms. Patricia Sellers, declared there had been to a Presidential extension. But, it trea, and Saudi Arabia. The details are more progress in international law in the seems to me that it is necessary to spelled out in a written report, which I last four years than in the intervening 520 have some idea as to how long we are years following the first conviction of a war shall file as well. But, it seems to me going to be there. Those enmities and criminal in 1474. that the United States ought to take a hatreds go back hundreds of years, and The most tangible of the tribunal’s suc- stand on the legislation which has been it is necessary, in my judgment, for us cesses was the recent conviction, on eleven introduced by Congressman FRANK to have some idea as to how long we counts after a one-year trial, of Dusko Tadic, WOLF in the House and by myself in the charged with crimes against humanity under are going to stay there and how long it Senate which would articulate the the statutes of the International Tribunal will take to accomplish that mission if principles of religious freedom and im- and cruel treatment of civilians as defined we are, in fact, to remain there. pose sanctions on foreign governments by the Geneva Convention of 1949. The U.S. contingents are still much While the Tadic case is a start, it is impor- larger than any others. We have some which tolerate or encourage this kind tant to note that only 19 of the 79 defendants 8,000 personnel—substantially larger of persecution. under indictment are in custody. Most of the than the French, British, Russians, or In Saudi Arabia, in talking to Prince remaining defendants are at large in Serb- others—and there ought to be more of Turki, I heard again that the Koran controlled portions of the former Yugoslavia. a burden sharing than is present now if calls for the death penalty if someone On a later stop in Sarajevo, I saw that the multi-national force in Bosnia faces a com- the United States is to stay there. changes from Islam to Christianity. I heard the same in Egypt, and found, in plicated task in taking some of these major We traveled on to the Mideast where defendants, like Radovan Karadic and Ratko we had an opportunity to meet with fact, that those who have converted Mladic, into custody. The current instruc- Israeli Prime Minister Netanyahu, Syr- from Islam to Christianity had been tion is to arrest indictees if observed, but ian President Assad, Egyptian Presi- imprisoned. We heard many complaints not to hunt them down. Our military com- dent Mubarak, King Hussein of Jordan, talking to people who had been victims manders told me in Sarajevo that they have and other leaders. And, it is my sense of persecution in Saudi Arabia and in the trained personnel to take them into cus- that the Israeli-Syrian tract could be Egypt. It is my hope that this issue tody if provided sufficient intelligence infor- mation on their whereabouts. very close to resolution. will come to the Senate floor. I know it is on the majority leader’s list to be Some of the Congressional opposition to Before going, on December 17, I met staying in Bosnia could be overcome with a with President Clinton, told him of my considered by the Senate sometime be- strategy to hunt down war criminals as part itinerary, and urged him to become tween now and the spring. of the SFOR mission, but this would present personally involved in the Syrian nego- This is just a brief statement of some its own set of problems. Our experience in tiations as he had been in the past. The of the highlights. Somalia was bitter when we sustained exten- parties were very close to a resolution I ask unanimous consent, Mr. Presi- sive casualties in our unsuccessful effort to of the dispute between Israel and Syria dent, that the full text of the report, take Mohammad Aidid into custody. Consid- before the assassination of Prime Min- which incorporates two op-ed pieces eration should be given to an arrest strategy if it could be accomplished with minimal dif- ister Rabin. The President was person- that have been published in the Pitts- ficulty. ally involved in those negotiations. I burgh Post-Gazette and the Harrisburg A vastly preferable course to SFOR appre- believe that with an activist hand by Patriot-News, be printed in the RECORD hension would be for Serbia to honor its the President, there could be a success- as well. commitments under the Dayton Agreement

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S619 to cooperate in apprehending the Tribunal’s choose to walk up a high hill adjacent to the progress of the peace process. Toward this indictees. After discussing this matter with city over a winding dirt trail rather than end, l met in Israel with Prime Minister the Supreme Allied Commander, Europe, using a new macadam road traveled by Serbs Netanyahu and various members of the General Wesley Clark in The Hague, I re- and Croats. Knesset, in Syria with President Assad and quested and obtained a meeting with There was considerable Congressional op- Foreign Minister Shara, in Jordan with King Slobodan Milosevic, President of the Yugo- position to President Clinton’s deployment Hussein and Crown Prince Hassan, on the slavian Federation, who had been labeled a of U.S. troops for one year in early l996 as West Bank with Palestinian Authority war criminal by Secretary of State Larry part of a multi-national force, and even more Chairman Arafat and Minister of Education Eagleburger in December 1992. Fifteen min- skepticism when he extended their stay by 18 Hanan Ashrawi, in Eritrea with Foreign Min- utes out of Belgrade on a special flight, I was months shortly after the 1996 Presidential ister Weldensae, in Yemen with President told Milosevic had suddenly caught the flu. election. In articulating the three U.S. ob- Salih and Foreign Minister al-lryani, in In my testy substitute meeting in Belgrade jectives for an indefinite stay in Bosnia, the Saudi Arabia with Saudi Intelligence Direc- with Yugoslavian Foreign Minister Zivadin President twice refers to European security tor Prince Turki and U.S. Air Force Briga- Jovanovich, I pressed Yugoslavia to turn and once to the rule of international law. dier General Rayburn and in Egypt with over several defendants in his country and to While obviously important, those reasons do President Mubarak. help apprehend Karadic and Mladic. I was not measure up to ‘‘vital’’ U.S. national in- Before I left I had a talk with President not surprised by his refusal. While in Bel- terests as defined by the historic Senate de- Clinton and urged him to become more in- grade I heardthat many there are worried bate involving Senators Nunn, WARNER, volved in the Mideast peace process, particu- about the Tribunal’s recently adopted proce- MOYNIHAN, myself and others on the Congres- larly on the Israeli-Syrian track. After meet- dure to obtain sealed indictments. Some sional resolution to authorize the use of ing with Prime Minister Netanyahu and ranking Serbian or Yugoslavian of officials force in the Gulf War in January 1991. President Assad, I am convinced that if the may travel to a jurisdiction where an arrest There is no doubt about the potential dire President of the United States became per- warrant, based on a sealed indictment from consequences if the fighting resumes among sonally involved on that track, there could the War Crimes Tribunal, could be served the Muslims, Serbs and Croats. The battle be some real movement. with a one-way ticket to custody at The may spill into Macedonia. Germany and In talking to President Assad and Prime Hague. other European countries would likely be Minister Netanyahu on trips to the area in Later stops on my trip validated the im- flooded with refugees. The entire region August and November, 1996, President portance of the International Tribunal’s ex- would be de-stabilized. Assad’s position was that he’s not going to ample to maintaining international sta- But there is significant question as to how resume negotiations unless Israel agrees to bility. In Ethiopia, Yemen and Eritrea, I far can U.S. military resources be stretched start off where Prime Minister Rabin left off, heard considerable interest in the tribunal’s on the current $268 billion defense budget. In and Prime Minister Netanyahu contended work on Rwanda war crimes. The U.S. Am- the mid-1980s, those appropriations approxi- that he had a different mandate from the bassador to Ethiopia expressed concern mated $300 billion, which would exceed $400 Israeli electorate. This time, I noticed the about the slow progress of the tribunal on billion in 1998 dollars. The top U.S. military same words, but somewhat of a difference in the Rwanda indictments. Yemeni Foreign brass in Bosnia and NATO had no response to tone. I firmly believe that progress could be Minister Al-Iryani expressed satisfaction my questions on priorities in deciding how to made on this track with direct Presidential that 23 individuals are in custody on charges spend among Bosnia, Korea, Iran, Iraq and involvement. of war crimes in Rwanda. the world’s other hot spots. On the question of the Golan, I raised with Eritrean Foreign Minister Haile Weldensae The other nations insist on U.S. leader- President Assad the issue of submitting the told me that successful prosecutions against ship. The U.S. has about 8000 soldiers in the return of the Golan to an Israeli referendum Rwanda defendants would help bring peace Bosnia force, compared to approximately as part of any agreement with Israel. While to that country which still suffers from mas- 2500 Germans, 5100 British, 3200 French, and initially President Assad considered this a sacres. Yemeni President Salih cautioned 1400 Russians. Most of those nations are matter purely for Israeli domestic consump- against the tribunal’s handling of the Rwan- AWOL when it comes to supporting the U.S. tion, after we talked for a while, he acknowl- da prosecutions without a better under- on tough sanctions against Iraq or on our ef- edged that it could form a part of a future standing of African problems. But the his forts to isolate Iran, and France has chosen arrangement. If the sticking point of the sta- Foreign Minister struck a positive chord, not to let its officers testify in front of the tus of Golan were decided directly by the saying the Rwanda tribunal ‘‘will absolutely International Criminal Tribunal in The Israeli electorate referendum, this would deter’’ future atrocities and that it would set Hague. This is particularly outrageous given allow Prime Minister Netanyahu to nego- a ‘‘very good precedent that no one should that General Shinseki’s multi-national staff tiate with Syria, notwithstanding his ‘‘man- get away from war crimes.’’ told me that successful prosecution of tri- date.’’ As I did in the past, I also raised with From my review of the tribunal’s progress, bunal inductees forms a lynchpin of future President Assad the issue of Israeli MIAs and it is clear that it faces many hurdles: the Bosnian stability. body has only one courtroom (with a second In the field, our Bosnian troops express I was told that the Syrians have made con- under construction), and is frequently under- mixed sentiments on our continuing role tinuing efforts. I had raised that in the past, cut by France and Yugoslavia in carrying there. While there is pride on preserving the and they say they have not been able to find out its work. The tribunal’s budget has been peace and noting some improvements, most anything to this point. I raised a number of increased, but still will have grossly insuffi- say we will have to be there for decades. other MIA issues; I’ve been asked by the U.S. cient resources to carry out its vital man- Doing our part does not mean doing more Embassy not to discuss those issues in de- date. Only resources, perseverance and than other major European nations. This is tail, but I did raise them all. I was assured strong international backing will enable the not the Cold War where the U.S. squared off that work is being done on them. By contrast with the Israeli-Syrian track, War Crimes Tribunal to make a success of its against the USSR and our dominant role in the Israeli-Palestinian peace talks are much unique opportunity to extend the rule of law NATO protected our vital national interests. more difficult. There are a lot of people in against international criminals. Obviously, Bosnian stability is of much the region who contend that Prime Minister greater concern to the European nations BOSNIA Netanyahu has not kept his promises on the than it is to the U.S. The second phase of my trip involved eval- Israeli-Palestinian process. Prime Minister If we are to stay, we should (1) get greater uating the President’s recent decision to Netanyahu insists that he has kept his prom- commitments from the other major powers— stay to stay in Bosnia indefinitely in the ises. I believe that bringing both sides to- Great Britain, France, Germany, Italy, etc; face of the Defense Appropriations Act cut- gether in this atmosphere is going to take a (2) secure agreement from those nations to ting off funding for our military operations lot of work. I was glad to see the President share on stabilizing the other world hot there on June 30, l998. Clearly, Congress and bring both Prime Minister Netanyahu and spots; (3) obtain real cooperation from the the President may be on a collision course Chairman Arafat to meet with him in Wash- Serbs, Muslims and Croats on taking into on this matter. Evaluating our policy in Bos- ington last week, but I wish that more could custody defendants under indictment by the nia took me to Sarajevo, Belgrade and Italy have been attained by way of tangible War Crimes Tribunal; and (4) set a time- to meet in the field with our troops and with progress during their visits. I feel that a table on benchmarks for progress which military leaders from the U.S. and NATO similar Oval Office dialogue between Prime would permit a reduction and, ultimately, a Commands. Minister Netanyahu and President Assad withdrawal of U.S. personnel in Bosnia. In Sarajevo, I asked our troops to estimate would prove more fruitful because the Congress is prepared to be cooperative, but how long we would need to stay there to Israeli-Syrian track appears not as intrac- there are important issues and interests avoid the resumption of bloodshed which table. which must be addressed to our satisfaction. would happen if they left on Congress’s As ever, Islamic fundamentalist terrorism The Defense Appropriations Subcommittee, schedule. A frequent answer was a genera- represents the greatest threat to regional se- on which I serve, should not and will not tion, given the intensity and longevity of the curity in the Middle East, and, in light of issue a blank check on Bosnia. religious and ethnic hatreds between the this, my visit to Saudi Arabia was especially Muslims, Croats and Serbs. Command Ser- MIDDLE EAST PEACE instructive. I visited thousands of U.S. air- geant Major Selmer Hyde, a Pittsburgh na- The third phase of my trip involved assess- men living in tents at the remote Prince Sul- tive, pointed out that Muslims in Sarajevo ing Middle East regional stability and the tan Air Base, to which our forces were sent

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S620 CONGRESSIONAL RECORD — SENATE February 11, 1998 following the terrorist attack on Khobar side. Another Christian from India told of a and I will continue to pursue our bill toward Towers in Dhahran in June 1996. Their living Sunday School being ransacked by Saudi re- the goal of putting teeth in our country’s quarters made the Allenwood Federal Prison ligious police with the arrest and detention longstanding policy against foreign religious in Pennsylvania look palatial. of a pastor, his wife and three children. persecution. I had met with FBI Director Louis Freeh American soldiers of Jewish faith feel par- MAGNETIC LEVITATION TRAIN TECHNOLOGY before departing, and discussed, among other ticularly at risk in Saudi Arabia. They On my way back to Washington, I stopped issues, the level of Saudi cooperation with change their ‘‘dog tags’’ to eliminate any in Lathen, Germany, to announce the com- our counter-terrorism effort. In Riyadh, I reference to their religion during their tours pletion of an agreement to bring German met with Saudi Intelligence Director Prince there. When a rabbi from the Chaplain Corps high-speed magnetic levitation (‘‘maglev’’) Turki, and strongly objected to the Saudis’ recently visited U.S. military posts in Saudi train technology to Pennsylvania. I took a refusal to honor their commitment to allow Arabia, many Jewish soldiers declined to demonstration ride on the maglev train, the FBI to question suspects in the Khobar meet with him. which is capable of speeds as high as 310 Towers bombing. Prince Turki replied that The Saudi answer on the religious ques- miles per hour. Saudi national sovereignty entitled his gov- tions was identical to their rationale on re- This is something I have been working on ernment to handle the matter as it chose. fusing to allow the FBI to interrogate the in the area of Transportation Appropriations This is particularly irksome, given the sac- Khobar Towers suspects. The only difference for a long time. The maglev train ride would rifices that our troops are making in the re- was that source of their obstinacy was the improve the quality of life of all Pennsylva- gion to provide the Saudi government pro- Koran instead of national sovereignty. Nev- nians who feel they spend too much time in tection from Iraq. ertheless, l believe the Saudi attitude on re- ligious bias can be changed at least to some traffic or at congested airports. This tech- FOREIGN RELIGIOUS PERSECUTION extent in the face of sufficient U.S. and nology would also bring Pennsylvania’s steel The fourth phase of my trip involved gath- world persuasion and pressure. industry roaring into the 21st Century be- ering information on foreign religious perse- On September 12, 1997, Prince Sultan re- cause the maglev train uses steel guideways cution. Worldwide persecution of religious portedly made a commitment to the Pope over hundreds of miles. minorities, focused particularly on Chris- that Christians would be permitted to pray The train went a little over 250 miles per tians in Muslim countries China and Tibet, together in the solitude of their homes. Even hour and it was exhilarating to be in a kind led last year to the introduction of the SPEC- that remains to be seen. Prince Turki of mass transit which goes so fast, a little TER–Wolf bill which would create a U.S. of- claimed that Saudi policy did not preclude like Buck Rogers. It would be tremendous fice to monitor such persecution and impose people from bringing bibles for their own for Pennsylvania and a tremendous boon to trade sanctions on countries which system- personal use through customs; but, he said, the economy of every stop along the line atically persecute any religious group. zealous customs bureaucrats often act on from Philadelphia to Pittsburgh, such as Toward the goal of fact-finding, I met with their own in confiscating these items. Lancaster, Harrisburg, Lewiston, State Col- religious leaders and governmental officials From my discussions with foreign leaders lege, Altoona, Johnstown, and Greensburg. in Egypt, Saudi Arabia, Ethiopia, and Eri- and with religious minorities, it was clear People could go from Philadelphia to Pitts- trea and Yemen. I had wanted to visit Sudan that just the introduction of the Specter- burgh in one and a half hours non-stop, revo- to investigate persecution of Christians by Wolf bill has had an effect on foreign repres- lutionizing our transportation system. I look the fundamentalist Islamic Sudanese govern- sive practices. My friend, the Special Advi- forward to continuing to support this eco- ment, but was told by the State Department sor to President Mubarak, Osama el-Baz, nomical, forward-looking technology in the that Sudan was unsafe for American delega- came to see me in my Senate office before future. tions. I did meet with the Sudanese govern- my trip to ask that Egypt not be included Mr. SPECTER. I thank the Chair and ment-in-exile in neighboring Eritrea, and among countries which persecuted Chris- discussed reports of Sudanese persecution yield the floor. tians. Also, fifty-three Egyptian Christians Mr. GRAMS addressed the Chair. with His Holiness Abuna Paulos, the Patri- recently publicized a letter saying, in effect, arch of the Ethiopian Orthodox Church, and the U.S. should mind its own business even The PRESIDING OFFICER. The Sen- with the leadership of the Ethiopian Su- though they acknowledged that ‘‘there are ator from Minnesota. preme Islamic Council in Addis Ababa. certain annoyances that [Christians] in Mr. GRAMS. Mr. President, I ask My fact-finding corroborated the wide- Egypt suffer from.’’ unanimous consent to be able to speak spread reports of bias, mistreatment and Egyptian evangelicals were not as re- as if in morning business for up to 10 even persecution of religious minorities in strained. They cited cases of eight and nine minutes. the Middle East and Africa. months in jail for Muslims who sought con- The PRESIDING OFFICER. Without Egyptian President Mubarak and Saudi version to Christianity. One scholar pro- Arabian Intelligence Director Prince Turki duced statistics showing 1624 people were objection, it is so ordered. told me that public intolerance toward non- killed by religious violence in Egypt from Mr. GRAMS. Thank you, very much. Muslim religions springs from the Koran. l990 through 1992 including the deaths of 133 f Conversion from Islam to Christianity or Christians. Evangelicals in both Egypt and any other religion carries the death penalty Ethiopia also complained about the long THE PRESIDENT’S BUDGET under Muslim laws that are based on teach- time it took to secure official permission to ings of the Koran. Mr. GRAMS. Mr. President, I rise build churches, a snag that, in effect, sty- today to make a few, brief observations I heard conflicting statements in Saudi mied their religious activity. Arabia about whether the death penalty is Since the State Department advised about the President’s budget. actually imposed on conversion. One U.S. against visiting Sudan, we sought informa- Let me say I welcome the fact that citizen living in Riyadh told me of a tion on that country’s practices in the neigh- President Clinton has come up with a videotaped beheading by Saudi authorities of boring countries of Eritrea and Ethiopia. budget that may finally be balanced in a Filipino Christian, but there was some Eritrean Christians confirmed claims of Su- the next fiscal year, although I do not question as to whether this individual was danese children being sold into slavery. They agree with the outlines of his plan. The put to death solely because of his faith. attributed it to profiteering by the militia as good news is that if the economy stays There appeared to be more substance to a part of the booty of war. One Eritrean Chris- claim of religious motivation for the execu- tian commented on Sudanese governmental as strong as expected, we may soon tion of a Christian charged only with rob- action in closing churches in 1997. enjoy a unified budget surplus for the bery, since that punishment far exceeded the Our Christian, Jewish and Moslem inter- first time since 1969. usual penalty for that crime. locutors in Saudi Arabia, Egypt, Ethiopia However, Mr. President, again, after Aside from the issue of capital punish- and Eritrea were particularly pleased that a thorough examination of President ment, there is no doubt that the religious po- the U.S. Congress was considering the issue. Clinton’s budget, I must say this is not lice in Saudi Arabia are very repressive An Egyptian Muslim almost withdrew his at all a responsible and honest pro- against Christians. A Mormon U.S. citizen objection to the Specter-Wolf bill when he posal. Here is why: reported a Saudi investigation seventeen heard it applied to other nations and had no years ago arising from prayer meetings in a sanctions against Egypt on U.S. foreign aid. First, President Clinton claims it is private home. A dossier, he said, has been Archbishop Silvano Tomasi, Vatican Ambas- his fiscal policies that have reduced maintained by Saudi authorities on partici- sador to Ethiopia, complimented the pro- the federal deficit and brought the pants resulting in a recent deportation of a posed legislation for raising the level of dia- budget to the edge of balance. That Mormon found in possession of a religious logue, adding that, if it were enacted with a would be stretching the truth. The pro- video. ‘‘little bite,’’ then so much the better. ductivity of the American people has Other U.S. citizens in Riyadh told of By raising the profile of the religious per- brought us to this point, in spite of Christmas decorations being torn down in secution issue in the current discourse of for- hospitals, seizures of personal bibles by eign policy, Congress has been able to make what Congress has done or the Presi- Saudi customs officials and prohibition of some progress on advancing the cause of reli- dent’s tax-and-spend habits. The truth displaying a Christmas tree in the window of gious freedom abroad. Still, many problems is, the President has only been willing a private home if it could be seen from out- remain. For this reason, Congressman Wolf to balance the budget, if he is allowed

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S621 to use all increases in revenues, plus in federal spending. The ink is barely anced Budget Act, the President antici- even higher taxes, to match his appe- dry on last year’s budget agreement, pates the use of $60 billion in tax in- tite for spending on expanded pro- which gave working Americans, or at creases to offset discretionary spend- grams, new programs, and new entitle- least a few of them, $90 billion in tax ing. ments. relief, and now the President proposes By doing so, without amending the In 1992, candidate Bill Clinton prom- wiping out that tax cut with $115 bil- law, the budget in effect violates the ised he would balance the budget if he lion in new taxes—or increases in exist- two separate enforcement measures set were elected. When President Clinton ing taxes, permits, or fees. up by the 1990 Budget Enforcement arrived at the White House in 1993, he The most untruthful thing about this Act, and it violates the spirit of last abandoned that promise at the front budget is President Clinton’s rhetoric year’s budget deal. door. The first budget he proposed that the era of big government is over. Mr. President, we broke the 1993 stat- called for the largest tax increase in OMB director Raines testified in the utory spending caps last year, and we history and increased federal spending Senate Budget Committee last week must never repeat that mistake. The of more than a trillion dollars in just that by any standard, big government current spending caps must stay in five years, a jump of 20 percent. was indeed over. A $100 billion govern- place. In 1995, the President again promised ment 35 years ago is now 18 times larg- Fourth, President Clinton claims America he could balance the budget, er, at $1.8 trillion. Who is kidding who? that his budget will save Social Secu- first in ten years, then nine, then If he does not get those new taxes rity. Again, the President is not being eight, and finally, seven. He made a through Congress, the President wants truthful to the American people. On similar balanced-budget promise in to borrow from the Social Security the contrary, his budget does nothing 1996. Finally, after spending all of the Trust Fund. Mr. President, the Con- to address our long-term financial im- $225 billion revenue windfall ‘‘miracu- gress must not permit the President to balances. lously’’ discovered by the CBO, Presi- finance his spending programs, his big- And his call for increased spending dent Clinton and the Congressional government solutions, by borrowing would use all of any surplus, leaving leadership agreed last year to achieve a from Social Security. nothing for Social Security. In fact, balanced budget in six years. If you count what Senator GRAMM under the unified budget, the President Mr. President, it is the American calls ‘‘hidden spending’’ of $42 billion, will borrow another trillion dollars economy that produced this unprece- actual spending under the President’s from the Social Security Trust Fund dented revenue windfall for the federal budget would reach $1.775 trillion, a 6.4 by the year 2012. government, and the unexpected dol- percent increase, and a Washington The President’s Medicare proposal in lars have come directly from working record. And it continues to grow from this budget does more harm than good. Americans—taxes paid by corporations, there. In 2003, the President is asking Although the President has proposed individuals, consumers, and investors. for $1.945 trillion in federal spending. putting the projected budget surplus Washington did not do any heavy lift- Total federal spending for the next five into the Social Security trust funds, he ing: the people did. Yet, Washington years would reach $9.2 trillion. Annual has no specific plan of how to save So- takes all the credit. government spending was $1.4 trillion cial Security. Second, the Clinton Administration when Mr. Clinton became president. Simply throwing money into the sys- claims that this budget will produce In five years, the President has al- tem without real reform will not pre- surpluses ‘‘as far as the eye can see.’’ ready increased government spending serve it. President Clinton’s own Social Sure, as long as you are looking by 27 percent. Is there any sign of lean- Security Commissioner, Kenneth through rose-colored glasses. Such er government? No. The truth is that Apfel, recently said the President’s claims are explicitly intended to mis- the government is growing bigger and proposal to bail out Social Security lead the American people. Mr. Presi- bigger and bigger. could not alone come close to solving dent, this projected surplus is only a Nor does this budget do anything to the system’s impending deficit. It may surplus under a unified budget. With- eliminate wasteful and unnecessary only extend the fund for two to five out borrowing from the Social Security Federal programs. It does nothing to years. trust funds, the real federal deficit make the government more account- Mr. President, I am deeply dis- could reach $600 billion over five years. able and efficient. It actually increases appointed with this budget and trou- The total deficit will reach a trillion in civilian nondefense employment by bled by its untruthfulness to the Amer- the next decade. This means we will see 9,200. This is big, central government ican people. deficits, not surpluses, as far as the eye by any standard. Although our short-term fiscal condi- can see. Mr. President, as I said on the floor tion has improved in recent years, In fact, the CBO estimates the pos- the other day, if this is a race to prove thanks to what Chairman Greenspan sible budget surplus could easily turn who can be the most ‘‘compassionate’’ called an ‘‘exceptionally healthy’’ into a $100 billion deficit. I asked Dr. with the taxpayers’ dollars, it is a race economy, our long-term fiscal imbal- O’Neill last week what the odds were nobody is going to win, and one the ances still impose a threat to our fu- we would achieve a budget surplus taxpayers most certainly will lose. The ture. versus ending up with a deficit, and she truth is simple: you cannot buy com- Washington’s bills remain said it was 50/50. This uncertainty re- passion. astronomic. We have a $5.5 trillion na- quires us to exercise fiscal discipline, Third, the President claims that he tional debt, at least $14 trillion in un- not to run off and approve another $123 will not bust the spending caps set up funded liabilities for Social Security billion in spending as the President has by last year’s budget agreement. and Medicare, and more than $5 trillion proposed—money from a surplus we Again, this is not true. President Clin- worth of government contingencies. have not seen yet and a tobacco settle- ton has not only violated the spirit of These risks will shatter our economy if ment that is only a proposal. the budget deal, he has also in effect we fail to take action now. I need to stress that a unified bal- broken the statutory spending caps es- If the President will not step up and anced budget is an unacceptable pros- tablished under the Balanced Budget take the lead in ensuring fiscal respon- pect if it is achieved at the expense of Act of 1997. sibility, then Congress must. We must responsible governing. The truth is Secretary Rubin assured us last week continue to cut government spending, that the President’s budget continues that the President would be bound by shrink the size of the government, and the tax-and-spend policies that have the budget agreement we reached last reform Social Security and Medicare to been the hallmark of this Administra- year. But by the President’s own esti- save them. tion. Again, after setting spending lim- mates, his budget does not meet the Mr. President, in the next few its that in 1997 grew the government statutory caps on discretionary spend- months, I intend to work with my col- three times faster than inflation, or ing by actually reducing that spending. leagues and the Administration to ex- the incomes of working Americans, the The offsets proposed in the budget ercise the fiscal discipline necessary to President wants to blow those spending are highly questionable. To stay within ensure the federal budget will be bal- caps with another $123 billion increase the caps called for by last year’s Bal- anced—and stay balanced—without

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S622 CONGRESSIONAL RECORD — SENATE February 11, 1998 new taxes, without new spending, and the letter was a 1988 acquittal of a man line with other judges. I must say these without borrowing from the Social Se- charged with possession of two and a arguments are misleading, as dem- curity Trust Fund. half pounds of cocaine. The acquittal onstrated by the statistics provided to That is the responsible thing to do. was the second by Judge Massiah-Jack- the Senate Judiciary Committee. That is the honest thing to do. And, son of alleged drug dealers arrested by In reality, Judge Massiah-Jackson Mr. President, that is the right thing the same police officers. In open court deviated from state sentencing guide- to do. she told these arresting officers, who lines, in favor of criminals, more than The PRESIDING OFFICER. The Sen- were working undercover, to turn twice as often as other judges accord- ator from Iowa. around and told the drug dealers and ing to statistics compiled by the Penn- Mr. GRASSLEY. Mr. President, I other spectators to ‘‘take a good look sylvania Commission on Sentencing. have two different items that I want to at the undercover officers and watch From 1985 till 1991, Judge Massiah- visit with my colleagues about. No. 1 is yourselves.’’ The incident was reported Jackson sentenced below the Pennsyl- on international trade, and the second in a Philadelphia newspaper and, as has vania guidelines 27.5 percent of the one will be on the Massiah-Jackson been mentioned, the Judiciary Com- time. Other Pennsylvania judges sen- nomination that is before the Senate. mittee has also received the signed tenced below the guidelines in only 12.2 (The remarks of Mr. GRASSLEY per- statements of Detective Sergeant Dan- percent of the cases. This record can- taining to the submission of S. Con. iel Rodriguez and Detective Terrance not be characterized as fair to victims Res. 74 are located in today’s RECORD Jones, the officers involved. This con- or law enforcement, and is not in line under ‘‘Submission of Concurrent and duct not only significantly reduced the with other judges. We’ve also heard the Senate Resolutions.’’) crime fighting effectiveness of the offi- argument that district attorneys regu- larly disagree with judges. Well, Mr. f cers, but more importantly, they be- lieved it put their lives in serious peril. President, in the seventeen years I’ve EXECUTIVE SESSION This is not the type of conduct ex- been voting on judicial nominees, I pected from a Judge, nor can it be tol- don’t ever recall such local, public op- position as we’ve seen in this case. This NOMINATION OF FREDERICA A. erated. In addition to this letter, the mem- is truly unprecedented. MASSIAH-JACKSON, OF PENN- bers of the Judiciary Committee also We in the Senate can no longer over- SYLVANIA, TO BE U.S. DISTRICT received a letter from Philadelphia look and excuse a record that is clearly JUDGE FOR THE EASTERN DIS- District Attorney Lynne Abraham, who against the interests of law enforce- TRICT OF PENNSYLVANIA stands in opposition to this nomina- ment personnel and victims of crime, The Senate continued with the con- tion. The opinion of Mrs. Abraham, or professional conduct which is below sideration of the nomination. who by the way is a Democrat, is par- the dignity of a judge. No person, of Mr. GRASSLEY. Mr. President, I ticularly relevant since she cam- any race or any gender, should be able want to make a few comments on the paigned with and served on the bench to serve on the federal bench if she or nomination of Judge Frederica at the same time as Judge Massiah- he demonstrates a bias against police Massiah-Jackson to the Federal Dis- Jackson. Mrs. Abraham concludes that, and prosecutors, is soft on crime and trict Court for the Eastern District of ‘‘the nominee’s record presents mul- shows a lack of proper judicial tem- Pennsylvania. tiple instances of a deeply ingrained perament. For these reasons, I will op- Recent resistance to her nomination and pervasive bias against prosecutors pose the confirmation of this nominee has moved beyond individual opponents and law enforcement officers and, by and urge my colleagues to do the same. to wide-spread, bipartisan opposition. extension, an insensitivity to victims The PRESIDING OFFICER (Mr. We’ve heard about opposition from the of crime. Moreover, the nominee’s judi- COATS). The Chair recognizes the Sen- Pennsylvania District Attorneys Asso- cial demeanor and courtroom conduct, ator from North Dakota. ciation. in my judgment, undermines respect f Additional opposition comes from a for the rule of law and, instead, tends ISTEA Philadelphia lodge of the Fraternal to bring the law into disrepute.’’ She Mr. DORGAN. Mr. President, I want Order of Police, as well as the Fra- further notes that, ‘‘this nominee’s ju- to visit for just a minute the issue ternal Order of Police, National Legis- dicial service is replete with instances about the highway bill and roads. lative Program. The F.O.P. has written of demonstrated leniency towards I would say to the Senator from Indi- letters to the Senate and the President criminals, an adversarial attitude to- ana, the Presiding Officer, that when I voicing their concerns over the safety wards police, and disrespect and a hos- was in high school in a small town in and welfare of the Philadelphia police tile attitude towards prosecutors un- North Dakota, I was agitating pretty force if Judge Massiah-Jackson is con- matched by any other present or hard to get a car. The way my dad firmed. They fear her established former jurist with whom I am famil- warded me off from this desire to pur- record of being extremely lenient on iar.’’ chase a car was he said I’ll let you buy criminals and her insensitivity to vic- These are not the biased opinions of a car because I have one spotted for tims of crime will ‘‘pose a direct racist or sexist opponents, as some you. But he insisted that I would have threat’’ against police. Also, the Na- have irresponsibly charged. They are to restore it. tional Association of Police Organiza- the informed opinions of respected dis- Sure enough, my father, who deliv- tions, which represents more than 4,000 trict attorneys and law enforcement of- ered gasoline to rural users, family police unions and associations and over ficers with personal knowledge of the farmers, with his rural delivery gaso- 220,000 sworn law enforcement officers, nominee. In fact, District Attorney line truck, had been out on a farm and opposes the confirmation of Judge Abraham has publicly said she ‘‘firmly he saw a 1924 Ford Model T in a gra- Massiah-Jackson. believes the next appointee to the U.S. nary. It had been sitting in that gra- If this isn’t a strong indication of the District Court here should be an Afri- nary for many, many years. He said, problems this nominee’s confirmation can-American woman. But that ap- you know the fellow who used to own would cause, I don’t know what is. pointee should be one of the many emi- that farm and put that Model T in The Northampton County District nently well-qualified African-American there, he lives out of State. You should Attorney has also written a letter to women lawyers in the area, and not write him a note and see if he would the Senate detailing twelve separate Massiah-Jackson.’’ want to sell you that Model T. So I did, instances illustrating the improper Despite these fact-based opinions, and the fellow wrote back and said he conduct of Judge Massiah-Jackson. supporters of the nominee have repeat- would be glad to sell me his 1924 Model The facts on which the letter is based edly insisted that she should not be T Ford. He sold it to me for $25 and were compiled from internal memoran- judged on a few cases, and that her sent me the original key and original dums, court transcripts and other doc- overall record can be characterized as owner’s manual. uments from the office of the Philadel- fair to law enforcement and crime vic- I went out to look at this car I just phia District Attorney’s Office. The tims. They also point out that sen- bought and the rats had eaten out all most egregious example disclosed by tencing statistics show she is right in the seat cushions and all the wiring

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S623 and all there was was a metal shell the amendments and pass a highway best hotel in a town, and turned on the with the engine, and no tires, of course. bill so that those people out there who tap and have gotten rust and water to- And so I was the proud owner of a 1924 are running the highway programs in gether because their infrastructure was Model T Ford. That’s the car my dad the State governments, and those peo- terrible. And I have driven from that got me for my social life. It wasn’t ple in the county commission offices town in a Jeep, going only 25 or 30 much of a social life for long while, be- and in the townships and the cities, miles an hour because the roads, the cause it takes a long time to restore a will understand how much money is main roads, the best roads, are full of Model T Ford. As a matter of fact, I available to build and to repair roads holes and ruts that will tear up a car’s didn’t know much about it. I was told, and bridges. This plan must be passed underside if you go faster than that. by the way, the reason the owner drove by the Congress to allow all of those We all understand that many of those it to the granary and put it in that gra- folks to understand what they can and countries have not had the opportunity nary for a long, long time was the cannot do; how much is available. or the resources to develop their infra- Model T’s are like the old red wagon This morning I stopped to put some structure. you used to pull when you were a kid. gas in my car on the way to work. I not In some ways, the inability to de- If you turn the wheel in front too far, only paid for the gasoline, I also paid a velop the infrastructure predicts that they would tip over. It’s called jack- tax. That tax is going to go from that they will not become a developed coun- knife. A lot of people don’t remember station that I stopped at to the Govern- try; that they will remain a country that. But the Model T would jackknife ment coffers and will be put in a trust that is a Third World country. We dis- if you turned the wheel too sharp. I was fund, and it is going to be used in one tinguish ourselves and have become an told, the fellow who owned it had been way or another, I expect, to build a enormously successful country over a in town drinking and driving home road or repair a bridge. That’s the pur- couple of hundred years by our desire from the bar he thought he saw some pose of the gas tax that we have im- to build in this country, to build and chickens in the road so he thought he’d posed, in order to provide for this infra- create. Part of that building and cre- take a sharp left turn and he structure investment. ating is to invest in infrastructure. jackknifed the Model T and it pinned We have a responsibility now to do And part of that is to invest in the best him beneath the Model T and hurt him last year’s work. Some say, ‘‘Gee, we road and highway system anywhere. a little bit. He survived, but he parked didn’t get it done last year. That is We face some daunting tasks now the Model T in the granary and never somebody else’s fault.’’ Or they point a with respect to bridges and some of our drove it again. He was pretty upset, I number of different ways. ‘‘But now we roads in this country. They are in des- guess. must wait for next year’s budget in perate need of repair. We have been Then I bought it. Then I had a 1924 order to bring the highway bill to the putting money in a trust fund with Model T Ford to restore and drive on floor.’’ which to do that. Yet, in many cases modern roads, which was really quite We don’t need to delay last year’s the trust fund hasn’t been used because an interesting thing to do. It didn’t im- work to deal with next year’s budget. they want to build up that money to prove my social life, but nonetheless I It doesn’t make any sense to me. Those use it as an offset to make the deficit had a car, an old car on new roads. people who have come to the floor of look different than it should have One of the interesting things about the Senate on a bipartisan basis and looked. Or others have other ideas on automobiles in our society is that we said this Congress is moving at a Model what to do with the money. The point have not only seen dramatic changes in T speed here—this is really glacial is, we have a responsibility, all of us our automobiles from the first Model T speed, at least as we have taken off serving now, to deal with the infra- I purchased as a young kid, but the in- from the blocks. Let us bring some- structure needs of our country now. I frastructure that we use and that we thing to the floor that we must do and implore the majority leader and others need for those automobiles and for must do soon. Let all those who have to consider, as they develop the agenda transportation has also changed dra- amendments to it offer those amend- for this Senate, that, beginning tomor- matically. ments, have a debate on the amend- row or the day after tomorrow or next I am told that a new automobile in ments, and vote so we can do our busi- Monday, decide that high on the agen- this country, manufactured here today, ness. da, at the top of the list, will be for us has more computer power in the auto- Some say if we do it the other body to do what we must and should do: Pass mobile than existed in the lunar lander will not do it anyway. The other body a highway program that invests in this that put the first American on the has signaled that it does not intend to country’s infrastructure. Moon. There were breathtaking take up a highway bill until the budget Mr. President, I indicated that this is changes in manufacturing techniques is complete this spring. not an issue of partisanship. It is, in- and the production of consumer prod- I was on a television program with terestingly enough, every time you get ucts, especially in automobiles. But we the chairman of the committee in the a highway bill to the floor, it is a de- also have to understand that, as a soci- other body that deals with this issue. bate between a group of States that ety, that no matter how much we He said that the Speaker has indicated think the formula by which we divide change these consumer products in he doesn’t want this to come up until the highway moneys is a terrible for- ways that are really wonderful, we also after the budget process. I respectfully mula and others who think the formula must invest in infrastructure. So we say to the Speaker, ‘‘That may be your is a wonderful formula. It depends on have, over the years, consistently, Re- desire, but I don’t think that’s what who gets and who gives. My State, I publicans and Democrats, everyone, the American people desire.’’ It’s cer- just would say with respect to the for- worked together, from county commis- tainly not what I desire. I hope at least mula, as you might think, gets more sioners to U.S. Senators and mayors those of us in the Senate could pass the back than it sends in for the highway and Governors, to decide we need a bill and send it over to the House and program. So some States would look at first-class road system. We have, in then say to them the American people my State and say: ‘‘Well, your State is part, become a world-class economy be- want this done. Let’s put some pressure a receiving State or a recipient State cause we have a first-class infrastruc- on them. The best way to apply pres- or a beneficiary’’ and my State, some- ture and a first-class transportation sure to get something done is to do our body else’s State, they would say, ‘‘is a system. work. Our job at this point is to bring donor State. We are upset about that.’’ We have before us in the U.S. Con- the bill to the floor and begin to deal Without getting into a debate about gress the need to pass a new highway with this bill. the formula, I would just say this. We bill. It is not a partisan issue. I don’t I have traveled in various parts of are a State that is 10 times the size of come to the floor to blame anybody for the world at various times. One of the Massachusetts, in North Dakota. You anything. I come to the floor, as have interesting things that distinguishes a can put 10 States the size of Massachu- some Republicans and some Demo- Third World country or a developing setts inside the borders of North Da- crats, and say it is time now to put the country from a developed country or kota. Yet we have only 640,000 citizens. highway bill on the floor and let people an industrialized country is its infra- Those 640,000 citizens cannot by them- who want to offer amendments offer structure. I have been in hotels, the selves pay sufficient gas taxes locally

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S624 CONGRESSIONAL RECORD — SENATE February 11, 1998 to maintain the roads and bridges nec- The PRESIDING OFFICER. The Sen- commodate bigger airplanes, and some essary in our State, in order to make it ator is recognized for that purpose. people are not anxious to see that hap- a national road system. We cannot do Mr. THOMAS. Thank you very much. pen. it. f It would not result in any significant In fact, if you measure the burden noise increase. In fact, I am told that another way, we in North Dakota rank JACKSON HOLE AIRPORT the newer airplanes are less intrusive among the highest in the country in Mr. THOMAS. Mr. President, I rise with noise perhaps than the older ones. per-person payments of Federal gas today to talk a little bit about a paro- If, in fact, these statements are cor- tax. Our burden ranks among the high- chial issue that is peculiar to Wyo- rect—and they appear to be—then why est in the country. But others want to ming, but it is one that is troublesome. is the proposal being delayed? The FAA segregate it out and say, ‘‘Well, you It has to do with the Jackson Hole Air- has been unresponsive and uncoopera- are a recipient State and that is not port. I am rising to express my frustra- tive with my office on this matter. right.’’ tion regarding the Federal Aviation In December of 1997, 8 months after I say, but we in North Dakota pay for Administration (FAA) and its lack of the completion of the study, the FAA the Coast Guard. action with respect to an environ- still had not acted on the environment We don’t mind doing that. I am a tax- mental assessment (EA) regarding safe- assessment. I wrote the agency asking payer. My constituents are taxpayers. ty issues at the Jackson Hole Airport. it to expedite its consideration of this We pay for the Coast Guard. We don’t Let me explain why the issue is so matter and I ask unanimous consent to really have any coast to guard. North important to us in Wyoming. Jackson have it printed in the RECORD. Dakota is landlocked. We don’t mind Hole is the busiest airport in Wyoming. There being no objection, the letter really doing that. That is the way It is the only commercial service air- is ordered to be printed in the RECORD, these things should be done on a na- port in the country that is located as follows: tional basis. within a national park, Grand Teton When it comes to investing in high- DECEMBER 4, 1997. National Park. As a consequence, of JANE F. GARVEY, way programs, we feel also that there course, the FAA and the Park Service Administrator, Federal Aviation Administration, ought to be a national program to are very careful about making safety Washington, DC. make sure that our country is a coun- or other improvements at this facility. DEAR ADMINISTRATOR GARVEY: We write to try that is not divided by those areas request that you expedite action on the And they should be. As chairman of the that have good roads and those that Final Environmental Assessment (EA) sub- don’t, because some can afford it and Senate subcommittee on national mitted by the Jackson Hole Airport Board in some can’t. parks, I agree that all of the proposals April of this year. Prompt action by the Fed- Roads and infrastructure represent a for changes at the Jackson Hole Air- eral Aviation Administration (FAA) is vital national need and a national priority, port ought to be carefully examined. to maintaining safe air travel to and from Jackson Hole Airport. and the satisfaction of that need and You won’t find a bigger advocate for our national parks in the U.S. Senate As you may know, the Jackson Hole Air- priority makes this a better and a port enplanes more passengers than any stronger country. I hope that the dis- than me. However, there are some sig- other in our State and provides an essential cussions on the floor of the Senate by nificant safety issues that must be ad- transportation link to the northwest area of Senator BYRD, Senator GRAMM and dressed quickly. Wyoming. In addition, between 1984 and 1992, Senator BAUCUS and so many others Between 1984 and 1992, the airport the Jackson Hole Airport had more ‘‘runway who are urging that we be allowed on had more ‘‘runway excursions,’’ which excursions’’ than any other air carrier air- this agenda to consider very, very soon is a nice way of saying they ran off the port in the United States. Both you and Sec- retary of Transportation Slater have em- the highway reauthorization bill, I end of the runway, than any other air- port in the country. This includes a phatically stated that safety is the top pri- hope those urgings will be heard and ority of this administration. We agree that that we will very soon be on that par- broad range of aircraft, from general the traveling public’s safety is vital and con- ticular business. aviation and small commuters, to large sequently ask that you expedite the consid- Mr. President, with that, I see a col- aircraft such as 757s. eration of this plan. league is on the floor. I yield the floor. Since 1992, there have been seven ad- In the fall of 1993, the Wyoming Congres- Mr. HUTCHINSON addressed the ditional runway ‘‘incidents’’ that have sional Delegation requested inter-agency co- Chair. occurred. operation in the preparation of an Environ- The PRESIDING OFFICER. The Sen- In response to these problems, the mental Assessment of Master Plan Alter- ator from Arkansas. Jackson Hole Airport board began an natives to enhance the safety and efficiency Mr. HUTCHINSON. Mr. President, I of the Jackson Hole Airport. The Delegation environmental assessment in 1992. All was assured by then Secretary of Transpor- ask unanimous consent to proceed as the interested parties, including the tation Federico Pen˜ a that the FAA would in morning business for a period not to Park Service and the FAA were at the work toward the development of a respon- exceed 10 minutes. table. In fact, in 1993, I wrote Transpor- sible and ‘‘timely’’ airport plan. We are ask- The PRESIDING OFFICER. Without tation Secretary Pena asking for inter- ing you to keep that commitment, particu- objection, it is so ordered. The Senator agency cooperation on this important larly because seven months have passed is recognized. issue, including the National Park since the Final EA was sent to the FAA for Mr. HUTCHINSON. I thank the Service, the Interior Department, the review. Chair. The EA describes a preferred alternative FAA, and the Department of Transpor- designed to contain these runway excursions (The remarks of Mr. HUTCHINSON per- tation. I wrote that letter in order to taining to the introduction of S. 1631 on pavement without actually extending the avoid the kind of situation that we runway or expanding Airport boundaries. are located in today’s RECORD under have now. Unless action is taken quickly, runway safe- ‘‘Statements on Introduced Bills and In April of 1997, the airport board fi- ty improvements in the preferred alternative Joint Resolutions.’’) nally completed the assessment, after 5 will be delayed until 1999. In fact, since the Mr. HUTCHINSON. Mr. President, I years, and submitted it to the FAA. environmental assessment process began in yield the floor and suggest the absence The results of the environmental as- 1992, seven additional runway accidents have of a quorum. occurred. The PRESIDING OFFICER. The sessment appeared to be very reason- The concern the delegation expressed over clerk will call the roll. able. four years ago remains: that timely action The assistant legislative clerk pro- It would bring the runways into com- to be taken so that runway safety improve- ceeded to call the roll. pliance with current FAA runway ments at the Jackson Hole Airport will not Mr. THOMAS. Mr. President, I ask standards. That makes sense. be unduly delayed. If the FAA’s record of de- unanimous consent that the order for It would improve safety without in- cision on the Final EA will not be issued by January 1, 1998, we request that you inform the quorum call be rescinded. creasing the length of the runways, which is very important. There is oppo- us as to the reasons for the delay and when The PRESIDING OFFICER. Without a decision should be expected. objection, it is so ordered. sition by some to making the runways Sincerely, Mr. THOMAS. Mr. President, I ask longer because they are in the park. CRAIG THOMAS, unanimous consent to speak for 5 min- And there is some opposition to mak- U.S. Senator. utes as in morning business. ing them longer because that could ac- MICHAEL ENZI,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S625 U.S. Senator. Recent events involving the Independent your removal authority, the Department’s BARBARA CUBIN, Counsel’s probe are further evidence of Mr. Office of Professional Responsibility Member of Congress. Starr’s entanglements that cast a cloud over (‘‘OPR’’) has jurisdiction to investigate alle- Mr. THOMAS. I still have not re- his ability to conduct an investigation objec- gations of misconduct by the Independent Counsel and his staff or potential conflicts of ceived an answer to my letter from the tively. Over the course of his entire inves- tigation, Mr. Starr, in his continuing work interest that would disqualify him from serv- FAA. The letter was sent in early De- as a partner at the law firm of Kirkland & ing as independent counsel. See Department cember of 1997. All the letter asked was Ellis and as Independent Counsel, has em- of Justice Manual (‘‘DOJ Manual’’), Section for a date by which we could expect a braced (and been embraced by) persons and 1–2112 (Supp. 1990) (Office of Professional Re- decision. I didn’t ask for a decision, I interests that seek to undermine the Presi- sponsibility ‘‘oversees investigation of alle- didn’t urge a certain outcome, just the dent as part of their political agenda. He has gations of misconduct by Department em- date. continually turned a blind eye to his own ployees’’). Against the backdrop of this clear conflicts of interest at his law firm, to the constitutional and statutory mandate, I re- I called the FAA Administrator sev- quest that you initiate a formal inquiry into eral weeks ago and though she said she conflicts engendered by the actions of his clients, and to benefactors that seek to dis- the following matters. would check into it I have heard noth- credit the President for partisan political II. CONFLICTS OF INTEREST: MR. STARR HAS ing from her or her staff. For an agen- gain. A person of Mr. Starr’s numerous con- CONSISTENTLY IGNORED THE CONFLICTS RE- cy that claims safety as its No. 1 pri- flicts of interest cannot carry out the even- LATED TO HIS WORK, HIS CLIENTS, AND HIS ority, these delays are hard to under- handed and fair-minded, independent inves- BENEFACTORS stand. tigation contemplated by the Act. Moreover, Mr. Starr’s decision not to devote his full This assessment is not an effort to the evidence that has surfaced thus far re- attention to his obligations as Independent expand the airport. There won’t be garding the expansion of Mr. Starr’s jurisdic- Counsel in a matter involving the President longer runways, bigger airplanes or tion into these matters raises serious con- of the United States has made inevitable the ensuing appearances of impropriety and ac- more flights. It is about safety, safety cerns about the OIC’s collusion with the Paula Jones legal team in an effort to un- tual conflicts of interest. His own ethics con- for everyone flying in and out of this fairly and illegally trap the President. sultant, Samuel Dash, formerly Chief Coun- airport. Time is of the essence—there This possible misconduct demands an im- sel to the Senate Watergate Committee, is a short construction period, as you mediate investigation by the Department to noted that Starr’s decision to continue rep- might imagine, in Jackson Hole, WY. determine if Mr. Starr remains sufficiently resenting private clients while investigating The FAA needs to come to a decision ‘‘independent’’ to continue to serve in his the President has ‘‘an odor to it.’’ ‘‘How quickly or these safety improvements current position. Independent is the Counsel,’’ The New York- er, April 22, 1996. The seriousness of these I. THE ETHICS IN GOVERNMENT ACT REQUIRES will be delayed for yet another year. conflicts (and the odor) is evident by the di- THE ATTORNEY GENERAL TO INVESTIGATE AL- Mr. President, I guess I have to rect involvement that his clients and others LEGED MISCONDUCT OF THE INDEPENDENT admit that I am simply expressing my to whom he is financially dependent have as- COUNSEL frustration with this situation. The sumed in Mr. Starr’s investigation. FAA’s primary responsibility is safety. The Independent Counsel statute provides The Act makes clear that during an Inde- the Attorney General with jurisdiction to in- pendent Counsel’s Tenure, neither the coun- The Jackson Hole Airport presents an vestigate alleged misconduct, conflict of in- opportunity to deal with an important sel, nor any person in a law firm that the terest and other improprieties that would counsel is associated with ‘‘may represent in safety issue and we’ve received no re- render an Independent Counsel unfit to re- any matter any person involved in any inves- sponse from the FAA. I, therefore, in- main in office. Specifically, under the stat- tigation or prosecution under this chapter.’’ tend to be rather critical of the FAA ute, the Attorney General may remove an 28 U.S.C. § 594(j)(l)(i) and (ii). Mr. Starr, how- until it decides to act and comes to a Independent Counsel ‘‘for good cause, phys- ever, has violated both the spirit and letter conclusion. This process has gone long ical disability, or other condition that sub- of the statute through his own work and enough. The FAA needs to move for- stantially impairs the performance of such work of his law firm, as well as the actions independent counsel’s duties.’’ 28 U.S.C. § 596. of his clients and future benefactors. ward now. The Supreme Court has suggested that a I typically am not anxious to come A. The Expansion of the Investigation Into finding of ‘‘misconduct’’ would most as- Matters In The Paula Jones Case Places Mr. to the floor of the Senate and grumble suredly constitute ‘‘good cause’’ under Sec- Staff In Violation Of the Act’s Conflict of In- about a federal agency, but I think this tion 596, and that ‘‘good cause’’ may impose terest Provisions no greater threshold than that required to is something that needs to be grumbled Mr. Starr, as a partner at the law firm of about, and therefore I am here. remove officers of ‘‘independent agencies.’’ Kirkland & Ellis and just prior to his ap- Mr. President, I yield the floor. Morrison v. Olson, 487 U.S. 654, 692, n. 32 pointment as Independent Counsel, actually The PRESIDING OFFICER. The Sen- (1988). provided legal advice in connection with the The Attorney General’s removal authority ator from New Jersey. Paula Jones litigation. ‘‘Mr. Starr’s Con- and the concomitant authority to inves- flicts,’’ New York Times, March 31, 1996. f tigate the independent counsel to determine While the fact that he has been involved INDEPENDENT COUNSEL if there are grounds for removal are essential with that litigation prior to becoming Inde- to the continuing constitutional vitality of Mr. TORRICELLI. Mr. President, I pendent Counsel certainly gave his appoint- the Act. Indeed, the Supreme Court’s holding ment the appearance of impropriety in viola- ask unanimous consent to have printed that the Act did not violate separation of tion of the spirit of the Act, now that his in- in the RECORD a letter I have written powers principles rested largely on the power vestigation has fully inserted itself into the on this day to Attorney General Janet reserved to the Attorney General to remove Paula Jones matter, concerns about his Reno. the independent counsel for ‘‘good cause.’’ former representation certainly are mag- There being no objection, the letter Specifically, the court found that the Attor- nified and call into question his role as an ney General’s removal power rendered the was ordered to be printed in the ‘‘independent’’ counsel in Paula Jones-re- independent counsel an ‘‘inferior officer,’’ as lated matters. RECORD, as follows: required by the Constitution, 487 U.S. at 671, Of far greater gravity are the press reports FEBRUARY 11, 1998. and that such authority ensured that undue and other information suggesting past and Hon. JANET RENO, powers had not been transferred to the judi- present representation by Kirkland & Ellis of Attorney General of the United States, U.S. De- cial branch under the Act. 487 U.S. at 656. other individuals connected to the Paula partment of Justice, Washington, DC. Thus, Morrison teaches that not only is the Jones civil litigation. See ‘‘More Subpoenas DEAR MADAM ATTORNEY GENERAL: As a Attorney General authorized to determine and Angry Talk in Starr’s Probe,’’ Chicago member of the Senate Judiciary Committee, whether there are reasons to remove the Tribune, January 31, 1998; ‘‘Starr Furor which is charged with conducting oversight independent counsel, but that the Attorney Lands at Firm’s Door,’’ Legal Times, Feb- of the Department of Justice and the Office General is constitutionally obliged to do so. ruary 9, 1998. Mr. Starr’s potential breach of of the Independent Counsel (‘‘OIC’’), I believe In addition, the Act expressly obligates the his duty to inform you of any association be- public confidence in our system of justice Independent Counsel to follow, to the fullest tween his firm and persons involved in the must be maintained. I therefore respectfully extent possible, the standards of conduct Paula Jones matter, as well as the possible request that you conduct a formal inquiry of prescribed by the Department of Justice. See breach of the Act’s statutory conflict of in- Independent Counsel Kenneth Starr to deter- 28 U.S.C. § 594(f) (An Independent Counsel terest standards, should be the subject of in- mine whether he should be removed or dis- ‘‘shall, except to the extent that to do so vestigation. Evidence that is discovered as ciplined for repeated failures to report and would be inconsistent with the purposes of the result of the current subpoena directed avoid conflicts of interest pursuant to the this chapter, comply with the written and to Kirkland & Ellis for Paula Jones-related powers vested in the Attorney General by other established policies of the Department documents will undoubtedly shed light on the Ethics in Government Act (‘‘The Act’’), of Justice respecting enforcement of the whether Mr. Starr is in violation of the con- 28 U.S.C. § 591, et seq. criminal laws’’). Accordingly, independent of flict of interest standards under the Act.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S626 CONGRESSIONAL RECORD — SENATE February 11, 1998 Chicago Tribune, January 31, 1998. Kirkland for Mr. Starr at Pepperdine University upon Lewinsky, Time, February 9, 1998. Then, the & Ellis’s reported opposition to the subpoena the expiration of his tenure as Independent next day, January 13, the OIC equipped Ms. is a significant indication of a violation of Counsel. Washington Post, ‘‘Starr Warriors,’’ Tripp with a wire and taped a conversation the Act. ‘‘Chicago lawyer’s role in Jones February 3, 1989. According to recent media between herself and Ms. Lewinsky. On Janu- suite examined,’’ Chicago Tribune, February reports, Mr. Scaife and his tax-exempt foun- ary 16, Ms. Tripp again lured Ms. Lewinsky 11, 1998. The firm’s internal investigation ap- dations are at the center of a secretive oper- into a meeting with her. At that time, she parently uncovered work done by one of its ation, coordinated with the American Spec- was approached by FBI agents and OIC pros- partners on Jones-related matters. This dis- tator, called the ‘‘Arkansas Project.’’ See ecutors. Id. According to press reports, she covery subsequently was confirmed by one of New York Observer, ‘‘Richard Scaife Paid for was held for several hours, threatened with Ms. Jones’ former lawyers. Id. If, in fact, Mr. Dirt on Clinton in Arkansas Project,’’ Feb- prosecution and offered immunity if she Starr failed to report the association of his ruary 4, 1998. agreed to a debriefing at that time. Id. Ac- law firm and such a conflict exists, that The ‘‘Arkansas Project’’ reportedly in- cording to her current attorney, the immu- would undoubtably be grounds for his re- volved Mr. Scaife funneling more than $2.4 nity offer was contingent upon her agree- moval. million from his tax-exempt 501(c)(3) founda- ment not to contact her attorney in the Mr. Starr, unfortunately, has failed in the tions to the American Spectator over the Paula Jones matter, Frank Carter. Time, past to report such direct conflicts of inter- last four years ‘‘to pay former F.B.I. agents February 16, 1998. That same day, the Special est. While he was investigating the Resolu- and private detectives to unearth negative Division (the court empowered to appoint an tion Trust Corporation and its supervision of material on the Clintons and their associ- independent counsel) expanded Mr. Starr’s Madison Guaranty, Kirkland & Ellis was ates.’’ Id. Indeed, the project apparently paid jurisdictional mandate to cover the allega- being sued by the RTC for misconduct. ‘‘Who former state trooper L.D. Brown—the source tions related to Ms. Lewinsky. Judges Prosecutor’s Ethics? He does,’’ of a number of allegations against the Presi- Simply, the timing of events leading up to Newsday, January 30, 1998. Despite his mem- dent investigated by the Office of Inde- the President’s deposition provides substan- bership on the firm’s management com- pendent Counsel—as a ‘‘researcher.’’ Id. Mr. tial reason to be concerned about possible mittee, Mr. Starr professed ignorance of the Starr’s apparent failure to inquire into the coordination between the OIC and the Paula suit in which the RTC sued Kirkland & Ellis financial motivations that may have Jones team. But there is more. According to for one million dollars. The New Yorker, P. prompted these allegations makes his inves- media reports, Ms. Tripp briefed the Jones 63. Mr. Starr’s lip-service to his ethical obli- tigation a ‘‘patsy’’ for the Arkansas Project, legal team not only on the conversations gations without any apparent willingness to if not actually complicit in its goal to under- that she recorded, but also on the OIC-di- address the conflict of interest issues that mine the President. rected monitoring of her conversation with have arisen demands that the Attorney Gen- Even more troubling, David Hale, Mr. Ms. Lewinsky. Wall Street Journal, Feb- eral conduct an investigation to determine Starr’s alleged chief witness against the ruary 9, 1998. This draws the OIC one step whether he should be removed. President, is linked to Mr. Scaife. The Ar- closer to the Jones civil litigation efforts. B. Mr. Starr’s Client, The Bradley Foundation, kansas Project was apparently run by Ste- Moreover, the OIC’s delay in seeking ap- Has Been Active In Efforts To Discredit The phen Boynton, a Virginia lawyer and close proval to expand its jurisdiction further President In Matters Directly Affecting The friend of David Hale, the convicted felon that heightens concerns over the OIC’s coordina- Investigation Mr. Starr considers his prize witness against tion with the plaintiffs in the Paula Jones matter. Specifically, in seeking immediate the President. Recently, after his office ar- The ties of Mr. Starr and his firm to per- approval of his expanded jurisdiction, Mr. gued to reduce Mr. Hale’s 28 month sentence sons and interest groups adverse to the Starr apparently expressed concern that im- to time served, abated his $10,000 fine and President are not limited to the Paula Jones pending press reports would scuttle his ef- asked the court to vacate the order that Mr. case. Indeed, in addition to his own personal forts to obtain evidence against Mr. Vernon Hale provide restitution of $2 million for de- involvement with the Paula Jones case, Mr. Jordan and perhaps the President. See Wash- frauding the Small Business Administration. Starr represented the Lynde and Harry Brad- ington Post, January 31, 1998. But it appears Mr. Starr praised Mr. Hale saying ‘‘This [in- ley Foundation in an effort to uphold Wis- that Mr. Starr knew about the impending vestigation] would be over if everyone had consin’s experimental school-choice program press coverage well before he brought the been as cooperative as David Hale, had told after he was appointed Independent Counsel. new allegations to your attention. His delay the truth.’’ Federal News Service, February The New Yorker, April 22, 1996, p. 59. Mr. may be suggestive of an effort to maintain 6, 1998. Mr. Hale’s previous record, however, Starr’s position in that case was in direct op- the secrecy of the new allegations until after involved lying to a federal judge at his sen- position to the Administration. In addition the deposition of the President. tencing. ‘‘The Real Blood Sport: the White- to retaining Mr. Starr, the Bradley Founda- The alleged entanglement of the OIC with water Scandal Machine,’’ Washington tion gives money to the President’s ‘‘most persons or organizations singularly devoted Monthly, May 1, 1996. Fortunately for Mr. virulent critics,’’ including the American to the demise of the President implicate bed- Hale, his personal attorney is Theodore Spectator, a publication obsessed with im- rock constitutional principles of due process Olson, a board member of the American pugning the character of the President and and fair play. Indeed, ‘‘[f]undamental fair- Spectator Education Foundation, Inc., and First Lady, as well as the Landmark Legal ness is a core component of the Due Process former law partner of Mr. Starr. Id. Foundation and National Empowerment Tel- Clause of the Fifth Amendment.’’ United The only conclusion is that Mr. Starr is in- evision. Id. States v. Barger, 931 F.2nd 359 (6th Cir. 1991); extricably intertwined with persons whose The Bradley Foundation acknowledged United States v. Brown, 635 F.2d 1207, 1212 (6th primary objective appears to be to discredit freely that Mr. Starr’s role was based in sig- Cir. 1980). Any collusion between the OIC and the President. While these allegations have nificant part on his long-standing ideological the Paula Jones legal team, for example, previously been brought to the Department’s beliefs. Id. At 60. One noted ethics expert casts serious doubt on the propriety of any attention, Mr. Starr’s relationship with Mr. concluded that it was ‘‘unwise for Starr to investigation into the President’s alleged Scaife and others in the Arkansas Project take Bradley money, given Bradley’s funding statements regarding Ms. Lewinsky during combined with the information about the ex- of beneficiaries who are ideological enemies his civil deposition. Specifically, the govern- tent of Mr. Scaife’s extraordinary expendi- of the president he is investigating.’’ ‘‘Gov. ment may not, consistent with due process, ture of resources (in apparent violation of Hires Ken Starr To Defend Plan,’’ The Na- deliberately use a judicial proceeding for federal tax law) to discredit the President in tional Law Journal, December 18, 1995, p. A5. ‘‘the primary purpose of obtaining testimony parallel with Mr. Starr’s investigation seri- In these instances where his private client is from [a witness] in order to prosecute him ously undermine any contention that Mr. engaged in a highly politicized, personalized late for perjury.’’ United States v. Chen, 933 Starr is without a conflict of interest. and acrimonious public policy debate with F.Supp 1264, 1268 (D.N.J. 1986). the President, Mr. Starr cannot possibly op- III. EVIDENCE OF OIC COLLUSION WITH PAULA There is little doubt that a primary pur- erate as an impartial investigator. This is JONES LEGAL TEAM WARRANTS FURTHER IN- pose of the deposition questions regarding particularly true when his private client is QUIRY Ms. Lewinsky was to trick the President. In funding efforts devoted to publicizing Mr. The sequence of events leading up to the fact, press reports make clear that ‘‘the goal Starr’s investigation and related matters in President’s deposition and certain media ac- of the Jones’ team was to catch Mr. Clinton an attempt to discredit the President and his counts raises serious concerns that the OIC in a lie . . . Their detailed questions went political agenda. coordinated its investigation with the Paula well beyond simply whether there was a sex- C. Mr. Scaife, Mr. Starr’s Benefactor At Jones legal team and, in fact, may have ual relationship with Ms. Lewinsky and into Pepperdine, Has Funded The ‘‘Arkansas played a role in the preparation of questions other matters that could be independently Project’’—A Clandestine Effort To Attack The for the President’s deposition. Such collu- verified.’’ Wall Street Journal, February 9, President sion, even if indirect, would constitute mis- 1998. Given that, as noted above, Linda Tripp The question whether Mr. Starr labors conduct of the highest order and provides was feeding information to the Paula Jones’ under a conflict of interest in light of his on- grounds for Mr. Starr’s removal. lawyers about her conversations with Ms. going relationship with Pepperdine Univer- As you may be aware, press reports indi- Lewinsky, including the conversation re- sity and Richard Scaife, a well-documented cated that on January 12, 1998, Ms. Tripp corded by the FBI, see Wall Street Journal, political opponent of the President’s, was contacted the OIC and provided them with February 9, 1998, there is reason to suspect prompted by reports that Mr. Scaife has un- tapes of conversations that she had unlaw- that the OIC may have assisted or played a derwritten the faculty position that waits fully captured between herself and Ms. role in the formation of questions asked by

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S627 Ms. Jones lawyers regarding Ms. Lewinsky. grand jury material—not on a few oc- the authority of the Attorney General In addition, the evidence suggests that Mr. casions, not on one or two items, but was expanded to include matters relat- Starr deliberately delayed seeking your ap- virtually volumes of material impugn- ing to the civil complaint by Paula proval to expand his jurisdiction for im- proper purposes. Specifically, the delay ap- ing the character of individuals—that Jones. pears to have been a calculated effort to con- may undermine aspects of the inves- Mr. President, the Office of Profes- ceal his expanded authority from the Presi- tigation. Some of these leaks have sional Responsibility, under the direc- dent prior to the deposition. Such conduct been characterized as unfortunate. tion of Attorney General Reno, needs raises the specter that an unlawful ‘‘trap’’ Some, perhaps, inevitable, as part of to review these serious lapses of ethical may have been laid against the President. the process. They may be these things. conduct and these transparent con- In a similar vein, if the OIC was in fact as- But they are also something else. They flicts of interest. It is left with little or sisting the Paula Jones legal team in any ca- represent a Federal felony. It is against no choice. If there is to be any con- pacity, such conduct may also be incon- fidence in the administration of the Of- sistent with the due process protections that the law. In this case, a potential viola- preclude the government from using civil tion of the law by members of the Jus- fice of Independent Counsel, and if the discovery to obtain information for a con- tice Department or in their employ- American people are to believe the re- templated criminal action. See e.g. United ment themselves. sult of this investigation and whatever States v. Nebel, 856 F. Supp. 392 (M.D. Tenn. David Kendall, President Clinton’s recommendations result, the Office of 1993). In light of fundamental constitutional lawyer, has detailed some of these Professional Responsibility will need concerns implicated by the Independent leaks in a 15-page correspondence, vir- to definitively establish whether, in- Counsel’s conduct, justice demands that you deed, there are conflicts of interest, as initiate an inquiry to ensure that the Inde- tually identifying volumes of material where some of the most reputable pub- are being alleged. pendent Counsel’s investigation has com- Indeed, I know of no authority in the ported with basic rules of fairness and de- lications in America—including the cency. The President, as do others in this in- New York Times, the Washington Post canons of ethics of the profession, the vestigation, deserves the same protections —indicate that this material comes operating procedures and rules of eth- that shield all other Americans from arbi- from ‘‘sources in Starr’s office;’’ ics of the Justice Department, that would permit an attorney in any capac- trary and unlawful government conduct. In- ‘‘Starr’s investigators expect;’’ deed, particularly where, as here, a pros- ity, no less an Office of Independent ‘‘sources familiar with the probe’’— ecutor has been given virtually unfettered Counsel, investigating any American, hardly masking the Government pros- authority to investigate almost every dimen- no less the President of the United ecutor’s contravention of Federal stat- sion of a person’s life, we must be particu- States, to operate with ethical stand- larly vigilant in guarding against abuses of utes, punishable both by fines and jail ards that allow he or his associates that authority. You thus have both a statu- terms, for leaking grand jury material. tory and constitutional obligation to deter- I believe that the standard for such within a single case dealing with the mine whether the Independent Counsel has abuse was set by former Attorney Gen- same litigants to do work for such clearly conflicting interests. acted properly in investigating the Presi- eral Thornburgh who, in the matter of dent. Third, while serving as independent Congressman Gray and the leaking of Sincerely, counsel for the Government, Mr. grand jury material, required that his ROBERT G. TORRICELLI, Starr’s law firm has received and con- U.S. Senator. associates, those familiar with grand tinues to receive retainers and legal Mr. TORRICELLI. Mr. President, I jury material, were not simply inves- payments from corporations, including want to make myself clear at the out- tigated but polygraphed, with a clear Philip Morris and Brown & Williamson, set. I rise today with no portfolio for or implied threat that any failure to potentially of millions of dollars, that President Clinton. I do not pretend to comply or to pass the polygraph would not only have an interest but an ex- know the details of either the White- mean their immediate dismissal. traordinary financial interest in the Indeed, as much of America has water case or matters pertaining to defeat of President Clinton’s initia- Paula Jones, with a series of other heard about the grand jury leaks, it tives and whose interests are directly legal issues now, involving the Office of has tended to mask several other per- impacted by his political viability. Independent Counsel, the Justice De- haps more serious ethical problems Mr. Starr’s continuing to draw in- partment and President Clinton’s pri- that must also be addressed by the At- come, a year ago in excess of $1 million vate attorneys. Those issues are not torney General and are outlined in my in personal compensation, while in the my purpose today. correspondence being sent to the At- employment of the U.S. Government to Like most Americans, I have watched torney General on this date. investigate matters relating to Presi- events of recent weeks with some curi- Just prior to his appointment as dent Clinton, is not only unsound judg- osity and with a deep sense of regret. I independent counsel, Mr. Starr was re- ment but as clear a conflict of interest rise today for a different purpose. I tained by the Independent Women’s between those of the private attorneys, want to talk about justice—not the Forum to write an amicus brief in the the private parties that he has sworn justice of the individual in these cases matter of the civil complaint being to defend and the interests of the U.S. but the administration of justice by brought by Paula Jones. The Inde- Government that he has similarly the Government itself. I do so from the pendent Women’s Forum is funded by a sworn to pursue. Both cannot be his perspective of a member of the Judici- Richard Scaife of Pennsylvania. In the master. ary Committee, recognizing that under furtherance of these responsibilities it Attorney General Reno is left with the Ethics in Government Act it is the is not clear how much or whether, in- the question of what other interests responsibility of the Attorney General deed, Mr. Starr was compensated, but have continued to pay compensation to to investigate alleged misconduct, con- it is clear that his firm and he were en- Mr. Starr, what other clients and what flicts of interest and other impropri- gaged in this activity, including re- kind of judgment has been exercised. eties of the Office of Independent Coun- searching a brief, contacting those at- Making this all the more urgent, in- sel. This institution, through the Judi- torneys, then representing Paula deed feeding suspicion, is a fourth ciary Committee, has a responsibility Jones. They were actively engaged. point that in some ways may be the of oversight, both of the Office of Inde- Reports as recent as 3 months ago in- most troubling. Richard Scaife, who pendent Counsel and the Attorney Gen- dicate that individuals at Mr. Starr’s earlier in this affair was funding re- eral herself as she implements the act. firm with whom Mr. Starr is still asso- search into the Paula Jones case, ap- My purpose, then, in this capacity, is ciated have continued to assist Paula pears again as a part of Mr. Starr’s per- to review a series of legal and ethical Jones in her legal defense team. This formance of his responsibilities. Mr. issues that pose a challenge to the in- morning in the Chicago Tribune it is Scaife has provided $600,000 per year, tegrity of the Office of Independent further alleged by that publication approximately $2.5 million, to fund Counsel and whether or not it is being that Mr. Starr’s firm—where this fi- something that is known as the Arkan- administered and the responsibility of nancial relationship continues between sas project. The Arkansas project is a the Attorney General to oversee its ac- Mr. Starr and his partners—has contin- tax free 501(c)3 organization under the tivities. ued to provide assistance to Paula Tax Code of the United States. It in- Within recent days, we have learned Jones’ defense team, even while the in- deed has funded this money through details of a series of deliberate leaks of vestigation of President Clinton under the American Spectator magazine.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S628 CONGRESSIONAL RECORD — SENATE February 11, 1998 The purpose, apparently as outlined the Office of Professional Responsi- respond to the information that has in an article in the New York Observer, bility inquire as to whether indeed been presented so publicly now to the written by Joe Conason last week, has there are conflicts of interest in the Congress and the Senate with respect resulted in the establishment of a rela- Paula Jones case and, indeed, whether to her nomination. tionship with David Hale, the principal it is factual that Mr. Starr was once The majority leader is intending to witness used by Mr. Starr against engaged as a private litigant in that come down in the next 15, 20 minutes President Clinton, in the Whitewater matter. If so, the result is clear—he to make a statement, which I fully sup- case and a State trooper, former State must recuse himself and professional port, and I know Senator SPECTER sup- Arkansas Trooper L.D. Brown. It ap- prosecutors must pursue the matter. ports, which will, in a sense, move this pears that the American Spectator es- Similarly, to establish whether funds, nomination aside for now and have this tablished a relationship of unknown fi- through the American Spectator, were nominee be given the opportunity to nancial or other reward to secure the improperly used with a result of tam- appear before the Judiciary Committee cooperation of each individual in the pering of witnesses. Finally, to con- and answer this new information, or re- writing of the articles. clude whether or not the operation of a spond to the questions of members of The changing of the testimony of private law practice, including the so- the Judiciary Committee. these witnesses, critical to Mr. Starr’s licitation of clients and their funding, That is all I have been asking for work, and when those changes occurred has compromised the operations of Mr. since the leader scheduled this nomina- and their relationship with the Arkan- Starr in his pursuit of the various tion. I am hopeful that after we go out sas project, becomes an important mat- cases before his office. on recess next week, there will be ter for the Justice Department. It Mr. President, Members of this insti- scheduled a Judiciary Committee would appear on its face that is at least tution and of the respective parties meeting for people who have provided reason to explore whether the improper have at various times praised or criti- the information to present that infor- use of tax-free foundation funding cized the Attorney General in the per- mation formally to the committee, be through this publication with the in- formance of her responsibilities. Per- questioned by committee members, tention of influencing potential Fed- haps the fact that she has been criti- and then for Judge Massiah-Jackson to eral witnesses did not constitute Fed- cized from all quarters for so many de- have the opportunity to answer the eral witness tampering. It is, however, cisions is the best testament of her na- charges that have been leveled against an issue that must immediately be es- tive integrity. Janet Reno is as capable her. tablished. an Attorney General as the United That will complete, in my mind, the As a part of this aspect of the case States has ever been fortunate enough process of fair consideration. requiring investigation, as Mr. Hale’s to have in that office. I leave these Her nomination will remain here on legal representation by one Theodore judgments with her, knowing of her the floor. It will remain on the Execu- Olson, who seemed to have guided Mr. high integrity, her understanding of tive Calendar, and subsequent to the Hale in his testimony in the White- the importance of these cases, the pro- hearing, the majority leader will call water affair, who is also the counsel to found impact on the administration of the nomination up for a vote at that the American Spectator funded by Mr. the U.S. Government and of justice time. Scaife, who was also a former law part- itself, knowing that she will do with That is, again, all I have been re- ner of Mr. Starr. them what is right and proper. questing from the leader—is to give Mr. President, sometimes facts that Mr. President, I yield the floor. this process time to play out, fairness are coincidental can paint a picture of Mr. ASHCROFT. Mr. President, I dictating the order of the day, and then conspiracy where it does not exist. suggest the absence of a quorum. give the Senate the opportunity to pass There are coincidences, sometimes, of The PRESIDING OFFICER. The judgment as to whether we believe that extraordinary scale. But the Attorney clerk will call the roll. she should be a judge in the Eastern General would need to admit that there The legislative clerk proceeded to District of Pennsylvania. are events in this case that are pecu- call the roll. So I see this as a very favorable reso- liar indeed—Mr. Scaife’s funding of the Mr. SANTORUM. Mr. President, I lution of what I have been asking for in American Spectator and its impact on ask unanimous consent that the order the past 24 hours. Federal witnesses; Mr. Scaife’s poten- for the quorum call be rescinded. I thank the majority leader for his tial funding of Mr. Starr as a private The PRESIDING OFFICER (Mr. patience. This has been somewhat of a attorney in the Paula Jones case; Mr. GREGG). Without objection, it is so or- difficult ordeal having to juggle all the Scaife’s funding of employment for Mr. dered. different sides on this issue. Starr at Pepperdine University, where f I thank the chairman of the Judici- he was offered and initially accepted a ary Committee for his willingness to teaching position in the law depart- EXECUTIVE SESSION hold another hearing. He knows that he ment. has not been formally requested to do Coincidence? Perhaps. But as our so by the Senate but has volunteered NOMINATION OF FREDERICA A. former colleague, Senator Cohen once to make the committee available to MASSIAH-JACKSON, OF PENN- observed on this floor, ‘‘The appear- further give Judge Massiah-Jackson SYLVANIA, TO BE U.S. DISTRICT ance of justice is as important as jus- the opportunity to respond to this new JUDGE FOR THE EASTERN DIS- tice itself.’’ information that has been provided. TRICT OF PENNSYLVANIA There are, in the coming weeks, im- Mr. President, I know the Senator portant judgments to be made about The Senate continued with the con- from Missouri has more to say on this the administration of justice with rela- sideration of the nomination. nomination. He is ready to go. So I tion to the President of the United Mr. SANTORUM. Mr. President, I yield the floor. States. Those decisions will profoundly rise to continue the discussion on the Mr. ASHCROFT addressed the Chair. impact policy and the guidance of the judge of the Eastern District of Penn- The PRESIDING OFFICER. The Sen- U.S. Government. I have no knowledge sylvania, Judge Massiah-Jackson. ator from Missouri is recognized. and, therefore, no recommendation on Within the past 24 hours, I and Senator Mr. ASHCROFT. Mr. President, I rise the matters of how the case should be SPECTER have been talking to the ma- to continue to explain the basis for my pursued. I am not here to distinguish jority leader, to the chairman of the opposition to the nomination of Fred- falsehood from truth. I am here in the Judiciary Committee, to those who are erica Massiah-Jackson to be a U.S. dis- interest of justice. in opposition to her nomination in an trict judge for the Eastern District of It would appear on the facts that attempt to resolve a lot of issues. And Pennsylvania. there is something terribly troubling what Senator SPECTER and I have re- Although I have already spent time about the administration of the Office ferred to, to complete this process of on the floor detailing this nominee’s of the Independent Counsel. So in my consideration in what we believe is the record, I think it is important and val- correspondence of this day, I have only fair way to do so, is to have an ad- uable to spend the time necessary to asked Attorney General Reno to have ditional hearing for her to be able to demonstrate the serious flaws of this

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S629 nominee and to also highlight the cal- Senate. The detective-sergeant had the tion back for additional information iber of the nominees that we are re- following comments regarding the inci- and for hearings before the Senate Ju- ceiving from the President of the dent, and I quote: diciary Committee. United States. I thought, ‘‘I hope I don’t ever have to This particular case, for instance, There are a number of categories into make buys from anyone in this courtroom.’’ was discussed at the hearing. When which my objections to this nomina- They would know me, but I wouldn’t know asked by a Senator if she had any com- tion might fall. them. What the judge said jeopardized our ment or explanation of the situation, One would be a disrespect for the ability to make buys. And it put us in phys- Judge Massiah-Jackson just replied, ical danger. court and its environment, perhaps ‘‘No, Senator, I don’t.’’ most clearly typified by the willing- I really believe that this officer sin- It occurs to me that it is not nec- cerely wrote that letter and that he in- ness of this nominee to use profanity in essary to reconvene the committee and tended for the letter to say exactly the courtroom. to move this matter back from the what it said and that he felt the sense No. 2, a contempt for prosecutors and floor of the Senate asking that there be of physical danger that was occasioned police officers that is evidenced in the opportunities for explanations for cases by the special identification that the way she has treated them and handled like that when those opportunities judge had made of him and another po- them as they have appeared in court were available then. and the way in which she has handled lice officer. Detective Terrance Jones, the other Commonwealth v. Hannibal is a case evidence assembled by those officers. undercover officer that was identified that is demonstrative of this particular Those are two major problems that I by Judge Massiah-Jackson in open nominee’s lack of judicial tempera- have with this particular nominee. court, according to the Philadelphia ment. No. 3, the concept of leniency in sen- Inquirer, also confirmed the facts in a In court, in response to prosecutor’s tencing; the effort made by this nomi- signed statement to the committee attempt to be afforded an opportunity nee as a judge in the State of Pennsyl- staff. He stated that the comments to be heard, the following exchange vania to reduce the sentences which ‘‘jeopardized our lives.’’ Detective took place on the record: were given to those who had been con- Jones also notes: The COURT. Please keep quiet, Ms. victed of crimes is notable. It has, as a McDermott. As a law enforcement officer who happens Ms. MCDERMOTT for the Commonwealth: matter of fact, even caught the atten- to be African American I am appalled that Will I be afforded—— tion of the appellate courts at which self-interest groups and the media are trying The COURT. Ms. McDermott, will you shut time those sentences have been re- to make the Massiah-Jackson controversy your f***ing mouth. versed. into a racial issue. This is not about race. These are among the most important This is about the best candidate for the posi- That is from the transcript of June factors that lead me to the conclusion tion of Federal judge. 25, 1985, at page 17. that Judge Massiah-Jackson should Let me go to another case, the case Judge Massiah-Jackson was formally not be confirmed as a United States of Commonwealth v. Hicks. In this admonished by the Judicial Inquiry district court judge. case, in an action that led to a reversal and Review Board for using intem- She should not be considered for a by the appellate court, Judge Massiah- perate language in the courtroom. This lifetime responsibility in admin- Jackson dismissed charges against the incident, incidentally, was also dis- istering justice in the United States of defendant on her own motion. cussed by the committee with the America; that in the event that the Although the prosecution was pre- judge, and the conduct was admitted. President refuses to withdraw this pared to proceed, the defense was not In the case of Commonwealth v. nomination, which he should do, that ready because it was missing a wit- Burgos and Commonwealth v. Rivera, the Senate of the United States of ness—a police officer who was sched- during a sentencing proceeding, the America should reject this nomination. uled to testify for the defense appar- prosecutor told Judge Massiah-Jackson Let me just go through some of these ently had not received the subpoena. that she had forgotten to inform one of points in order to establish a factual The defense requested a continuance to the defendants of the consequences of basis for these conclusions supporting clear up the mixup concerning the sub- failing to file a timely appeal. Of the categories which I have mentioned. poena. The commonwealth stated that course, such a failure would prejudice First is the contempt for prosecutors it had issued the subpoena. The defense the commonwealth on appeal. Judge and police officers that Judge Massiah- did not allege any wrongdoing or fail- Massiah-Jackson responded to this Jackson has evidenced in the conduct ure to act on the part of the common- legal argument with profanity, stating, of her responsibilities as a judge in wealth. Nonetheless, without any evi- ‘‘I don’t give a [expletive deleted].’’ Pennsylvania. dence or prompting from defense coun- This incident was discussed at the com- In the case of Commonwealth v. Ruiz, sel, Judge Massiah-Jackson decided she mittee hearing, and the conduct was Judge Massiah-Jackson acquitted a simply did not believe that the com- also admitted. man accused of possessing $400,000 monwealth’s attorney subpoenaed the District Attorney Morganelli of worth of cocaine because she did not necessary witness. Judge Massiah- Northampton County, PA, has sug- believe the testimony of two under- Jackson held the commonwealth liable gested that the reason there are not cover police officers, Detective-Ser- for the defense’s lack of preparation for more instances of foul language on the geant Daniel Rodriguez and Detective its own unpreparedness, and Judge record is that Judge Massiah-Jackson’s Terrance Jones. It was the second time Massiah-Jackson, on the motion of the principal court reporter routinely she had acquitted alleged drug dealers court, dismissed the case without even ‘‘sanitized the record.’’ nabbed by the same officers. The first the suggestion from the defense that It does not appear to be a coincidence time, the two undercover officers testi- the case should be dismissed. The facts that both of these profane outbursts fied that they found two bundles of ultimately revealed that the subpoena were directed at prosecutors. Instead, heroin on a table right next to the de- had been issued, but the officer was on Judge Massiah-Jackson’s foul language fendant’s hand. The judge not only re- vacation and had not received it. It was appears to be part and parcel of her fused to believe this testimony, she not the fault of the commonwealth. hostility to law enforcement. went one step further. As the officers Judge Massiah-Jackson’s decision was Let me move to the issue of the leni- were leaving the courtroom, the judge reversed on appeal as an abuse of dis- ency in sentencing which has been reportedly told spectators in the court: cretion. The appellate court concluded characteristic, I believe, of this judge’s ‘‘Take a good look at these guys [the that, ‘‘Having carefully reviewed the record. In the case of Commonwealth v. undercover officers] and be careful out record, we are unable to determine the Freeman, the defendant shot and there.’’ basis for the trial court’s decision to wounded a Mr. Fuller in the chest be- This identification by the judge was discharge the defendant. Indeed the cause Mr. Fuller had laughed at him. reported in the Philadelphia Inquirer. trial court was unable to justify its de- Judge Massiah-Jackson convicted the Detective-Sergeant Daniel Rodriguez cision by citation to rule or law.’’ defendant of misdemeanor instead of confirmed this outrageous courtroom There is a lot of discussion about felony aggravated assault. She sen- incident in a signed letter to the U.S. whether we need to send this nomina- tenced him to do 2 to 23 months and

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S630 CONGRESSIONAL RECORD — SENATE February 11, 1998 then immediately paroled him so that order to do so, Judge Massiah-Jackson haps most dramatically illustrates this he did not have to serve jail time. The not only had to deviate substantially point is Commonwealth v. Smith, a felony charge would have had a manda- below the guidelines range but also had case discussed by the chairman of the tory 5- to 10-year prison term. Judge to ignore a mandatory weapons en- Judiciary Committee in the Chamber Massiah-Jackson explained her deci- hancement that raises the minimum yesterday. It is a case that I also men- sion stating, ‘‘The victim had been sentence 1 to 2 years. The Common- tioned. drinking before being shot,’’ and the wealth did appeal this meager sen- In this tragic case, the victim, a 13- defendant ‘‘had not been involved in tence, and Judge Massiah-Jackson was year-old boy, was raped at knifepoint any other crime since the incident.’’ reversed for her sentencing errors. in some bushes near a hospital. Even- Here we have an individual who Now, this decision is important not tually, the young boy managed to run shoots another individual, and this only because it demonstrates her leni- away from his assailant nude and judge not only makes it a misdemeanor ency in sentencing but also because of bleeding. Two nurses at the hospital so that the sentence can be reduced what it says about the equity of giving saw him, and he told them what had from a minimum of 5 to 10 years to 2 to Ms. Massiah-Jackson an additional happened, pointing out the bushes 23 months, but then paroles imme- hearing. We have heard a lot about where he was attacked. The two nurses diately the individual so that no jail Judge Massiah-Jackson’s right to be called the hospital security guards. time is served after the conviction. The heard and have been given the impres- They saw the defendant in the case judge explains this behavior saying sion that she has been the victim of emerge from the bushes with his cloth- that the person who had been shot had sandbagging by her opponents. It is ing disheveled and then saw him walk been drinking as if somehow, I guess, if true that there is information that was quickly away. The women yelled out for the man to stop, and the police ar- you are drinking you are eligible to be not available at the time of the com- rived on the scene and apprehended the shot; and that the defendant ‘‘had not mittee’s hearing. This sentencing case, defendant. been involved in any other crime since for example, was not addressed at the The defendant denied raping the boy, hearing. But why wasn’t it addressed at the incident.’’ but the police searched him and found This case was not discussed at the the hearing? That is no one’s fault but a knife matching the description of hearing. No appeal was taken from this Judge Massiah-Jackson. that used in the rape. At that point the case. The committee’s standard question- police arrested the defendant. In the case of Commonwealth v. naire asks every candidate to list any Shockingly, Judge Massiah-Jackson Burgos, during a raid on the defend- judicial decisions which were reversed ruled that the police lacked probable ant’s house, police seized more than 2 on appeal. Judge Massiah-Jackson cause to arrest the defendant and sup- pounds of cocaine along with evidence failed to list this case. Indeed, she tes- pressed all evidence, including the that the house was a distribution cen- tified that she had never been reversed identification of the defendant by the ter. on a sentencing appeal. So if this case two nurses. The defendant, Mouin Burgos, was wasn’t debated or discussed at the Now, not surprisingly, the appellate convicted. Judge Massiah-Jackson sen- hearing, it wasn’t debated or discussed court, when confronted with this dubi- tenced the defendant to only 1 year’s because at the hearing she had failed to ous judgment, reversed Judge Massiah- probation. disclose this when the committee had Jackson. Then District Attorney Ronald requested that she disclose it, and So the situation is this, that Castille criticized Judge Massiah-Jack- when asked additionally if there were Massiah-Jackson, lenient in sup- son’s sentence as ‘‘defying logic’’ and cases like this upon which she had been pressing evidence, was reversed by the being ‘‘totally bizarre.’’ He com- reversed she informed the committee appellate court. It has been pointed mented, ‘‘This judge just sits in her that she had not been reversed on sen- out, and I would thank Senator SPEC- ivory tower*** She ought to walk tencing appeal when in fact this case TER for having so pointed out, that along the streets some night and get a represented such a reversal. after a remand to the trial court the dose of what is really going on out Now, it seems ironic to me that when defendant was acquitted in a new trial there. She should have sentenced these we finally find out about the existence before a different judge. But what people to what they deserve.’’ of those things which she said did not seems to have received less attention is This case was discussed at the hear- exist, she should be accorded a second that all this occurred after Judge ing, and Senators and the judge had an hearing now to explain that which she Massiah-Jackson was reversed by the opportunity to explain their positions. failed to disclose. I think that is a seri- appellate court. Unlike the second No appeal was taken from this case. ous problem. This is not only a failure- judge who conducted a full trial, Judge In the case of Commonwealth v. Wil- to-disclose problem but this is the dis- Massiah-Jackson threw out the evi- liams, a first-degree robbery, unre- closure of something which was specifi- dence on the ground that the police ported sentencing reversal case, I cally denied in the hearing. lacked even probable cause to arrest would like to provide just one more ex- I make this point to make clear that the defendant despite his proximity to ample of Judge Massiah-Jackson’s leni- this is not just a simple matter of giv- the crime scene and the victim, and the ency in sentencing, an example that I ing someone a right to confront new al- other facts that are attendant thereto, think is also relevant to whether we legations. She had the opportunity to including the identification by the in- should have another hearing on this respond to the allegations in this set- dividuals who were there at the time of nominee. ting by providing the evidence in the his arrest. It is, of course, one thing to In the case of Commonwealth v. Wil- first instance, or the case or the notifi- acquit someone after a trial but the no- liams, the defendant robbed a 47-year cation that she had been reversed on tion that the police officers did not old woman on the street at the point of appeal, and in the second instance by even have probable cause to arrest the a razor. The defendant used the razor not denying that she had ever been re- defendant is just shocking, and the ap- to slash the woman’s neck and arms versed on appeal. It strikes me that we pellate court agreed. and took her purse. The defendant had are creating a troubling precedent by And the litany, incidentally, of illus- to undergo surgery to repair the affording nominees a second hearing at trations regarding leniency in sen- slashed tendons in her hand and was least in part to explain materials that tencing could go on. Last year there forced to wear a splintering device that were requested prior to the first hear- were 50 separate cases that were sin- pulled her thumb back to her wrist. ing. gled out just as exemplary of this leni- The defendant pled guilty to first-de- Let me move on to the case of Com- ency, but that was just last year. And gree robbery. Under the Pennsylvania monwealth v. Smith. This is leniency organizations, law enforcement organi- sentencing guidelines, that offense car- not just in sentencing but a predisposi- zations, organizations that serve the ries a range of 4 to 7 years, with a miti- tion on the part of this judge to sup- culture by providing the safety and se- gated range of 31⁄4 to 5 years. Despite press evidence and to do so improperly. curity for persons and their property these sentencing ranges, Judge Judge Massiah-Jackson has also dem- which defines a civilized culture, have Massiah-Jackson sentenced the defend- onstrated leniency in improperly sup- come out saying this individual should ant to a mere 111⁄2 to 23 months. In pressing evidence. The case that per- not be

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S631 confirmed as a U.S. district court return from the recess we are about to uals that one would not expect to ordi- judge. go into at the close of business on narily oppose a nominee except in ex- The Philadelphia Lodge of the Fra- Thursday or Friday. So we can see traordinary situations: Lynne Abra- ternal Order of Police announced its what that hearing turns up. But I ham, who is the district attorney in opposition to the confirmation of think that no further action can be the Philadelphia area—a Democrat, Massiah-Jackson on January 13 of this taken at this time. I thank all Sen- someone you would expect to be year. And just yesterday I had the ators for their consideration and will aligned with the President and his privilege of attending a press con- yield the floor to the Senator from nominations—at great political cost, ference in which Philadelphia Fra- Missouri. I appreciate him yielding me with substantial display of putting the ternal Order of Police President Rich- this time. And I know that the Sen- benefit of the community in Philadel- ard Costello made his opposition to ators from Pennsylvania will both seek phia above party loyalty, came out this nominee unmistakably clear. The recognition so that they can comment against the nomination of Frederica National Fraternal Order of Police an- on the present status of this nominee. Massiah-Jackson in a letter to Senator nounced its opposition on January 20. Mr. SPECTER addressed the Chair. SPECTER, at least that is my informa- In coming out against this nominee, The PRESIDING OFFICER. I believe tion, on January 8. She wrote: here is what the National President of the Senator from Missouri still has the My position on this nominee goes well be- the Fraternal Order of Police, Gilbert floor. yond mere differences of opinion, or judicial Gallegos, stated: ‘‘Judge Massiah-Jack- Mr. SPECTER. Mr. President, I ask philosophy. Instead, this nominee’s record son has no business sitting on any unanimous consent that I be permitted presents multiple instances of deeply in- bench, let alone a Federal bench.’’ to speak in response to the majority grained and pervasive bias against prosecu- After describing the incident in leader for up to 1 minute. tors and law enforcement officers—and, by which Judge Massiah-Jackson pointed extension, an insensitivity to victims of Mr. ASHCROFT. Mr. President, I be- crime. Moreover, the nominee’s judicial de- out undercover police officers in open lieve I have the floor. meanor and courtroom conduct, in my judg- court, Mr. Gallegos stated, ‘‘I cannot The PRESIDING OFFICER. Is there ment, undermines respect for the rule of law adequately express my outrage.’’ The objection? and, instead, tends to bring the law into dis- National Fraternal Order of Police Mr. ASHCROFT. Mr. President, I be- repute. President concluded, ‘‘To confirm lieve I have the floor. This nominee’s judicial service is replete Judge Massiah-Jackson would be an af- The PRESIDING OFFICER. The Sen- with instances of demonstrated leniency to- front to every law enforcement officer ator from Missouri does have the floor. wards criminals, an adversarial attitude to- and prosecutor in the Nation, all of Does the Senator from Missouri ob- wards police and disrespect toward prosecu- tors unmatched by any other present or whom have a herculean task of fighting ject to the unanimous consent request? former jurist with whom I am familiar. crime. We shouldn’t have to have Mr. ASHCROFT. Mr. President, I ob- That is a very serious charge from [both] the judges and the criminals serve the absence of a quorum. the prosecutor, someone of the same against us.’’ The PRESIDING OFFICER. The I note the presence of the majority clerk will call the roll. party as the President who nominates leader in the Chamber, Mr. President, The legislative clerk proceeded to this judge. I quote again: and I would gladly yield to the major- call the roll. This nominee’s judicial service is replete ity leader with the understanding that Mr. SPECTER. Mr. President, I ask with [full of] instances of demonstrated leni- unanimous consent that further pro- ency toward criminals, an adversarial atti- at the conclusion of his remarks my tude toward police and disrespect toward right to speak in the Chamber be re- ceedings under the quorum call be dis- prosecutors unmatched by any other present tained. pensed with. or former jurist with whom I am familiar. The PRESIDING OFFICER. Without Mr. ASHCROFT. Objection. The words ‘‘full of’’ were my amplifi- objection, it is so ordered. The major- The PRESIDING OFFICER. Objec- cation. Her text did not include that. ity leader. tion is heard. Other local law enforcement officials Mr. LOTT. Mr. President, I have had The legislative clerk continued with who feel that this is a nomination the opportunity now to discuss this the call of the roll. which should not go forward—the nomination with Senators on both Mr. ASHCROFT. Mr. President, I ask Northampton County District Attor- sides of the aisle and those who did unanimous consent that the order for ney, John Morganelli, another Demo- support her and certainly those who the quorum call be rescinded. crat, announced his all-out opposition are opposed to this nomination. I think The PRESIDING OFFICER. Without to this nomination on January 6, 1998. that we should not go forward to a vote objection, it is so ordered. Mr. Morganelli provided members of at this time since there are very seri- Mr. ASHCROFT. Mr. President, I had the committee with a letter detailing ous allegations out there. I am con- hoped to offer to the Senator from the numerous incidents of unpro- vinced they are true; I am convinced Pennsylvania an opportunity to make fessional conduct that have marked this nomination should not go forward; brief remarks, and that is the reason I Judge Massiah-Jackson’s tenure on the and I would urge at this point the placed the quorum call, for an oppor- State trial bench. The concluding para- President withdraw this nomination tunity to make that offer. graphs of that letter are worth quoting because clearly this nominee has very The nomination of Frederica at length: serious problems, conduct on the bench Massiah-Jackson is a nomination that is certainly inappropriate and a which I think should call us each to a [The] record is one of an unusually adver- very serious consideration of our re- sarial attitude toward the prosecution and number of concerns about the nomi- police. Much personal animosity towards nee’s attitude toward prosecutors and sponsibilities here in the U.S. Senate. prosecutors and police in general. Other por- toward law enforcement. Clearly this is Judges who are appointed for life, who tions of her record indicate a tendency to be the type of nomination that should not really do not answer to the voters, do lenient with respect to criminal defendants. be confirmed. But so that some of these not answer to the administration or I continue with his letter: the executive branch, have a very high articles, some of the cases, some of the This judge sat as a fact finder in the vast suggestions that are now in the public degree of power in the culture and we majority of her cases because criminal de- arena can be properly looked into, I should be very careful about the indi- fendants almost always felt it advantageous thought the best thing to do at this viduals that we endow with the author- to waive their right to a jury trial in order time would be to not go forward with a ity of becoming Federal judges. The to present their case directly to the vote and allow time for the committee National Association of Police Organi- judge.***In addition, she has shown a to have a hearing on the problems that zations understands that and the Na- lack of judicial temperament with respect to have been identified. I don’t think it tional Association of Police Organiza- vulgar language from the bench on the tions announced its opposition on Jan- record and much of it off the record. Also, as can be disposed of in the near future. indicated above, Judge Massiah-Jackson has Having said that, I understand the uary 22, to this nominee. attempted to meddle with the appellate chairman of the Judiciary Committee Further, there is opposition from the process in Pennsylvania by contacting appel- will be conducting an additional hear- local law enforcement community in late courts and improperly attempting to in- ing on the nominee sometime when we Philadelphia, opposition from individ- fluence appellate decisions. Her comments,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S632 CONGRESSIONAL RECORD — SENATE February 11, 1998 conduct, record and lack of judicial tempera- dent as nominees and could well serve Mr. SANTORUM. Mr. President, I ment by itself should call into question her this country as nominees. And I believe just want to thank the majority leader, stature to serve as a Federal Judge. it is the responsibility of the U.S. Sen- Numerous District Attorneys and police again, for his willingness to cooperate organizations in the Commonwealth of Penn- ate, when you have a nominee who is with both Senator SPECTER and me in sylvania oppose this nomination as a slap in not of the caliber and quality that is our request that Judge Massiah-Jack- the face to the law enforcement community. appropriate for membership on the son’s nomination not be voted on here That is the conclusion of District At- Federal bench, for the Senate to stand in the next few days but that the proc- torney Morganelli’s letter, opposing up and say so. And I believe that is our ess be able to be worked out and the confirmation of this judge. responsibility here. worked through, a hearing to be held. I In addition, the Executive Com- I don’t believe that the Founding Fa- know Senator SPECTER, who cannot be mittee of the State of Pennsylvania’s thers of this great country put the U.S. here right now, fully supports this District Attorneys Association has Senate in the stream that leads to the process that we now have begun to get unanimously voted to officially oppose Federal judiciary so that it could act her a hearing in the Judiciary Com- the nomination. On January 8 the Ex- in a way which is a rubberstamp, so mittee. And then I hope very promptly ecutive Committee of the Pennsylvania that it could say, well, in spite of the to bring her back to the floor of the District Attorneys Association, in a fact that this individual is an affront U.S. Senate for a vote. unanimous vote, officially opposed the to the judicial system, disrespects it nomination. The President of the asso- with profanity, disrespects its partici- I would not like to see this nomina- ciation wrote a letter on January 26, pants by profaning them and their con- tion hang out for a long period of time expressing the association’s opposition. duct, is so lenient with criminals that after the hearing. I don’t think that I would just comment it is not usual it causes major questions, has to be re- would be fair, again, to her or to the for prosecuting attorneys, or for dis- versed on criminal appeals and, when process, or to the President who I trict attorneys, or for police organiza- asked about it, denies ever being re- know, in having conversations with the tions to attack judges, especially versed until the appeals are found—I White House, they would like to see judges who are sitting as judges in don’t think we have to have that kind this matter be dealt with in an expedi- their jurisdictions, the same judges of person. I don’t think we are here to tious fashion after the hearing takes they have to go before on a regular pass that kind of person through to a place. A hearing will not be able to basis in seeking to effect justice in the lifetime tenure, to a system which will, take place until the week after next be- society, to make sure we have the right really, give her great latitude in im- cause we are not in session next week. law enforcement, the right prosecu- posing upon the people of this country So I am hopeful we can bring this judge tion, the right conviction and the right the authority of the United States in up for a final vote here in the U.S. Sen- detention of those who have been demanding or commanding adherence ate within a 3-week period of time, deemed guilty of a crime. It is not to the law. I really think that we can maybe a 4-week period of time. I think comfortable, it is not easy, it is not ex- do better. And I think we ought to do that would be appropriate for her and I pected. It is, I think, fair to describe it better. think appropriate for the Senate at as rare, that someone would, as a pros- It is not hard for us to do that. Sure- some point to pass judgment on this ecutor, or that the association of pros- ly we have cooperated 90, 95 percent—I nominee. I think it is important when ecutors, or that the police, or the asso- don’t know—of the time, that these the President puts a nominee up who ciations of police, would come forward cases go through. Most of them never has had, certainly, the amount of at- and make statements that say not only even get debated. This case was—they tention that this nominee has had, that is this the worst judge I have ever seen insisted that we debate. When I was the Senate, all Members, get an oppor- but this is the worst judge of which I last at a committee meeting I thought tunity to express their opinion as to have any awareness. These are individ- we should not move this case to the whether this nominee has the creden- uals who have a substantial awareness floor for debate. There was an outcry, a tials and qualifications and qualities of the judicial system as a result of substantial, significant outcry, insist- necessary to serve on the Federal judi- their broad experience in the system. ing that we move this case to the floor ciary. If my recollection serves me cor- for debate. Now that we have moved it rectly, the district attorney in Phila- to the floor for debate there is a sub- With that, I again thank the major- delphia, Lynne Abraham, is a former stantial outcry to move it back to the ity leader and thank my colleagues for judge herself. She has an ability to committee. allowing this procedure. There are know what the circumstances of the I think the real fact of the matter is things that could have been done. I judge’s responsibilities are. And when we know, we know enough about this talked to several of my colleagues she comes forward to say that this case to say this is not an individual about those things that could be done. judge is a judge that is so out of touch that we want to welcome into the life- The Senator from Missouri and others with the balance necessary to accord time tenure of the Federal judge. It would have liked to vote today. In fact fairness in the system by being so pre- does not mean the individual cannot they could force a vote today. It is disposed to the defendant’s position have merit, cannot do different things, within the right of any Senator on this and antithetical to the prosecutor’s po- is banished from any other responsibil- nomination to offer a tabling motion, sition, and antagonistic to the position ities. It is simply someone who is not which would bring the debate to a stop of the Commonwealth as opposed to suited to be endowed with the author- and cause a vote. They have agreed to that of the individual who is seeking to ity of a Federal judge, a serious respon- not do that and I appreciate that very be declared innocent of the charges, sibility in this society and culture. much. she just indicates that we can do bet- I suppose we can let this individual ter. And I think that is really the case go back for additional committee hear- They could have derailed this effort. that we have here. ings or additional deliberations. But in But their indulgence in allowing what The pool of legal talent in Pennsyl- my view that is a mistake. And, in my two home State Senators believe is a vania is not shallow. We have talked view there are times when the Senate fair process, their indulgence in allow- about Philadelphia lawyers all across should simply act as the Constitution ing what we believe to be a fair proc- the country for a long time, because calls upon it to act, that is to either ess, in acquiescing to those desires, is Philadelphia is known as a center for provide the advice and consent which is noble indeed and very much appre- individuals who know how to work appropriate and constitute the nomi- ciated. So I thank the Senators from with the law and to do it effectively, nee as a member of the judiciary or Alabama, Missouri, and others who who know what their responsibilities deny the advice and consent and move have expressed a willingness to expe- are and to make sure that those re- on because America can and should do dite consideration of this nominee, for sponsibilities can be carried out in the better. their willingness to withhold and allow best interests of their clients. And I be- I yield the floor. the process to work out just a few more lieve that there are those in that com- The PRESIDING OFFICER. The Sen- weeks. And then take the nominee munity who could well serve this Presi- ator from Pennsylvania. back to the floor.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S633 There will be no vote in committee. to victims of crime. The nominee’s ju- copy of the letters that I quoted in my She will not be recommitted to com- dicial demeanor and courtroom con- statement. mittee. There will be no action nec- duct . . . undermine respect for the There being no objection, the letters essary by the committee. Her nomina- rule of law and . . . tend to bring the were ordered to be printed in the tion will remain on the floor of the law into disrepute.’’ She then com- RECORD, as follows: U.S. Senate and will be eligible to be pared this judge to others stating, PENNSYLVANIA DISTRICT recalled by the leader at his discretion, ‘‘This nominee’s judicial service is re- ATTORNEYS ASSOCIATION, which is our understanding, subsequent plete with instances of demonstrated Harrisburg, PA, January 26, 1998. to the hearing in the Judiciary Com- leniency toward criminals, an adver- Sen. ORIN HATCH, mittee. sarial attitude towards police, and dis- Chairman, U.S. Senate Judiciary Committee, So that is the state of play, if you Dirksen Office Building, Washington, DC. respect and a hostile attitude towards DEAR MEMBERS OF THE U.S. SENATE JUDICI- will, of this nomination, and it is one I prosecutors unmatched by any other ARY COMMITTEE: As President of the Pennsyl- find wholly acceptable at this point. I present or former jurist with whom I vania District Attorneys Association, I am know my colleague, Senator SPECTER, am familiar.’’ writing to express the Association’s opposi- does also. An example of the judge’s hostility tion to the nomination of Judge Frederica Mr. THURMOND. Mr. President, I toward police that has created much Massiah-Jackson for a position as a Federal rise today to express my opposition to attention is an incident where she Judge in the Eastern District of Pennsyl- the nomination of Frederica Massiah- vania. pointed out two undercover narcotics As you may know, recently the Executive Jackson for the United States District agents and told those in her courtroom Board of the Pennsylvania District Attor- Court for the Eastern District of Penn- to take a good look at the officers and, neys Association which speaks on behalf of sylvania. I opposed this nominee in quote, ‘‘watch yourselves.’’ This story all 67 elected District Attorneys in Pennsyl- Committee, and nothing has changed was published in a Pennsylvania news- vania voted unanimously to oppose the in the interim to make me any more paper, and I asked her about it in writ- aforesaid nomination. We recently met with likely to support her. ing during the hearing process, which Senator Arlen Specter and Senator Rick I believe that the President is enti- gave her plenty of time to reflect on Santorum of Pennsylvania in person to con- tled to some deference in his choice of vey the sentiment of District Attorneys in the matter. She responded, ‘‘I have Pennsylvania. judges for the Federal Bench, and I try read the 1988 article and it is inac- A review of Judge Massiah-Jackson’s to give his nominees the benefit of the curate. I would not and did not make record during her tenure as a Criminal Court doubt. However, because of Judge any such statement to the spectators.’’ Judge clearly shows that she has exhibited Massiah-Jackson’s judicial tempera- However, the two undercover agents an anti-police, anti-prosecution bias as a ment and record of leniency toward that the article referred to later signed Criminal Court Judge. At times, her actions criminal defendants, I cannot support statements saying she had singled as a Common Pleas Judge in Philadelphia her nomination. them out and referred to them in this have bordered on the outrageous. She has used profanity in her courtroom, embar- Judicial temperament is an essential manner. quality for judges. They must be pro- rassed and exposed police officers in her She has also made public comments courtroom and has even interfered in the ap- fessional, civil, and fair. To earn es- about crime that warrant concern. Al- pellate process by attempting to ‘‘rec- teem and honor, they must exhibit dig- though she informed me in response to ommend’’ to an appellate court that a Com- nity and be respectful of those who ap- a written question that she is not op- monwealth appeal of one of her decisions be pear before them. posed to imposing the death penalty, quashed. Given the prevalence of federal ha- Unfortunately, Judge Massiah-Jack- she was very critical of the death pen- beas corpus appellate practice, especially as son has shown a lack of judicial tem- alty in a 1994 speech. Quoting Justice it related to capital convictions obtained from state courts, the prospect of seating a perament while serving on the Penn- Harry Blackman, she said, ‘‘the death sylvania trial court. She has used pro- member to the Federal Judiciary with a penalty experiment has failed.’’ She record like Ms. Massiah-Jackson’s should fane language from the Bench, which I added, ‘‘It is not a deterrent to crimi- give those involved in the confirmation proc- will not repeat here. There is simply no nal behavior.’’ Later in the speech she ess pause and concern. excuse for a judge to use profanity in said, ‘‘Locking folks up is a belated and Therefore, I strongly urge all members of court. expensive response to a social crisis.’’ the Senate Judiciary Committee and all Also, we have received numerous let- It is very unusual for us to receive members of the United States Senate to op- ters from bipartisan professionals to opposition to a nominee for the Federal pose this particular nomination. Very truly yours, the effect that she is hostile and unfair Court from prosecutors and profes- toward prosecutors and police officers. MICHAEL D. MARINO, sionals as we have here. I commend the President. The Pennsylvania District Attorneys prosecutors and police who have taken Association, which unanimously voted this bold stand. They have brought a COMMONWEALTH OF PENNSYLVANIA, to oppose her nomination, wrote that great deal of attention to a nominee OFFICE OF ATTORNEY GENERAL, she has ‘‘an anti-police, anti-prosecu- who is simply not fit to serve on the Harrisburg, Pa, January 29, 1998. tion bias’’ and that her actions as a Federal court. Hon. ARLEN SPECTER, trial judge ‘‘at times . . . have bor- The public opposition to this nomi- U.S. Senator, Washington, DC. dered on the outrageous.’’ The Attor- RE: Judge Frederica Massiah-Jackson. nee from prosecutors and police, in ad- DEAR SENATOR SPECTER: I wish to express ney General of Pennsylvania, Michael dition to the information we had at the my opposition to President Clinton’s nomi- Fisher, has weighed in against her. The time she was considered in Committee, nation of Judge Frederica Massiah-Jackson National Fraternal Order of Police should be more than enough for Sen- to serve on the United States District Court wrote that she ‘‘has made a career of ators to oppose her. It should not even for the Eastern District of Pennsylvania. dismissing out of hand testimony by be necessary to consider cases and sta- I am writing on Judge Massiah-Jackson’s police officers, treating them as sec- tistics that have been brought to our nomination after spending considerable time reviewing her record on the Court of Com- ond-class citizens.’’ The Philadelphia attention in the past few weeks. FOP echoed this criticism, saying that mon Pleas of Philadelphia County. Due to Let me close by referring again to the importance of this nomination and be- her actions ‘‘make it appear she is on a the letter from the Fraternal Order of cause of the seriousness of the allegations crusade against public safety.’’ The Police. I quote, ‘‘To confirm Judge raised with respect to Judge Massiah-Jack- Philadelphia District Attorney, Lynne Messiah-Jackson would be an affront son’s record, I have delayed taking a public Abraham, whose office prosecutes to every law enforcement officer and position until I had the opportunity to re- criminal cases within Philadelphia prosecutor in the Nation.... We view all available data. This review has also where Judge Massiah-Jackson has shouldn’t have to have the judges and included discussions with members of my served as a judge, was resolute. She the criminals against us.’’ staff and other prosecutors who have person- wrote that the ‘‘nominee’s record rep- ally appeared before Judge Massiah-Jackson. Mr. President, I agree. I will stand To a person, these prosecutors have ex- resents multiple instances of a deeply with prosecutors and police on this pressed concern about the Judge’s demeanor, ingrained and pervasive bias against nomination. her temperament and the manner in which prosecutors and law enforcement offi- At this time, I ask unanimous con- she disposes of cases. I have also reviewed cers, and by extension, an insensitivity sent to have printed in the RECORD a sentencing statistics and discussed Judge

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S634 CONGRESSIONAL RECORD — SENATE February 11, 1998 Massiah-Jackson’s sentencing practices with fleeing the scene. She described the behavior need to be worrying about the people in posi- these prosecutors. This review and these dis- of this man, who had a prior record of 19 ar- tions of authority placing them in more dan- cussions have revealed a record of leniency rests and eight convictions, as ‘‘Not really ger. Yet, that is exactly what Judge Jackson in sentencing criminal defendants, a bias criminal. He had merely been involved in a did to several Narcotic Officers in open against police and prosecutors and an insen- car accident.’’ The man was sentenced to two Court. sitivity to the plight of victims. years probation. It is an insult to the entire Judicial Sys- The major criticisms about Judge Massiah- To add insult to injury, a few years earlier tem and the community it services when a Jackson come from the period of time she this same man, who then was out on bail for Jurist of this caliber would even be consid- was assigned to the Court’s Criminal Divi- another offense, appeared before Judge ered for an appointment to a position that sion. In recent years, she has been assigned Massiah-Jackson. His counsel asserted that a could negatively affect public safety. to the Civil Division. U.S. District Court particular police officer was harassing him Must one be reminded that—Crime is out judges have a civil and criminal court case- with ‘‘unnecessary’’ traffic stops. Despite the of control. Innocent people are being at- load. The Office of Attorney General and I lack on any evidence, Judge Massiah-Jack- tacked and slaughtered on our streets. Drugs represent the Commonwealth in the U.S. son offered to have the court file a complaint are in every neighborhood. Our citizens are District Court in civil and criminal cases. against the officer on the defendant’s behalf! fleeing the City in great numbers. Our resi- dents are living in fear everyday. Our City is As Attorney General, I supervise a large She concluded, without any discernable rea- office which includes 180 lawyers and 266 in decay. son other than her contempt for law enforce- We must stop the violence; we must stop criminal agents. My prosecutors and agents ment officers, that this officer was master- the insanity! are often cross-designated in federal court minding a plot to threaten and harass the The appointment of Judge Massiah Jack- and also work jointly with police officers, man and his family! Senator Specter, she son to the U.S. Court would be directly agents and prosecutors from other federal, threatened in open court to appear as a fact counter-productive to this effort. We need a state and local agencies. My Office’s cases witness against this officer in the event the Federal Judge who has proven to be tough on are sometimes prosecuted in federal court, defendant, his family, or friends came to any crime. One who is a highly regarded profes- notably when they are developed in conjunc- harm. What kind of a judge is this? sional in the field of law. We must have a tion with a federal task force. A federal judi- On one occasion, Senator, Judge Massiah- Judge who can help bring new hope to those ciary that properly safeguards individual Jackson acquitted a criminal of drug posses- in despair. rights and liberties while respecting the sion by simply refusing to believe the testi- In closing, Philadelphia has many Judges dedication and commitment of the law en- mony of undercover narcotics investigators. who can fill the requirements needed for this forcement community is essential to our ef- After dismissing the charges, she urged spec- position. Unfortunately, Judge Massiah forts on behalf of the people of the Common- tators in her court to ‘‘take a good look at Jackson is not one of them. wealth. the undercover officers and watch your- Respectfully submitted, Based on my review of Judge Massiah- selves.’’ I cannot adequately express my out- RICHARD B. COSTELLO, Jackson’s criminal court record and the an- rage, sir. She deliberately jeopardized the President. tipathy she has displayed toward police, lives of these officers. Is this the type of MICHAEL G. LUTZ, prosecutors and victims, I must respectfully judge we want sitting on the Federal bench? Past President. ask you to oppose her nomination when it is This is surely the most offensive and egre- voted on by the United States Senate and to gious example of her conduct, but hardly an DISTRICT ATTORNEY’S OFFICE, ask your colleagues to do likewise. uncommon one for Judge Massiah-Jackson, Philadelphia, PA, January 8, 1998. My hope would be that the President will who has made a career of dismissing out of Hon. ARLEN SPECTER, quickly nominate someone who will bring hand testimony by police officers, treating U.S. Senate, the needed diversity to the United States them as second-class citizens barely worthy Washington, DC. District Court for the Eastern District of of even her contempt. Frankly, I am amazed DEAR SENATOR SPECTER: On December 9, Pennsylvania, but a person with a record she has served on any bench at all. 1997, you phoned my office seeking my posi- that shows a more balanced perspective than I urge you to ensure that all judicial nomi- tion on the nomination of Judge Frederica this nominee. nees are properly screened, so that the likes Massiah-Jackson as a Judge for the United Thank you for your consideration of my of Judge Massiah-Jackson do not find their States District Court for the Eastern Dis- position. way to the Senate floor again. And I strongly trict of Pennsylvania. When we spoke, I told Very truly yours, urge you to withdraw your support of her you that, in my thirty years of public serv- D. MICHAEL FISHER, nomination and cast your vote against her ice, including almost sixteen years as a Attorney General. confirmation on 28 January. To confirm Judge and over six years as Philadelphia’s Judge Massiah-Jackson would be an affront District Attorney, never before had my FRATERNAL ORDER OF POLICE, to every law enforcement officer and pros- United States Senator solicited my position NATIONAL LEGISLATIVE PROGRAM, ecutor in the nation, all of whom have the on any of the many prior Federal District or Washington, DC, 27 January 1998. herculean task of fighting crime. We Circuit Court nominees who had sought con- Hon. ARLEN SPECTER, shouldn’t have to have the judges and the firmation. I further related that it had been U.S. Senate, Washington, DC. criminals against us. my general policy to refrain from speaking DEAR SENATOR SPECTER: I am writing on Sincerely, out on Federal judicial nominations. Immediately after our brief phone con- behalf of the more than 270,000 members of GILBERT G. GALLEGOS, versation, you wrote and faxed me a letter the Fraternal Order of Police to urge that National President. you withdraw your support for the nomina- seeking my written concurrence in a quoted tion of Judge Frederica Massiah-Jackson to paragraph regarding my general policy. I FRATERNAL ORDER OF POLICE, have deliberately deferred responding be- the Federal judiciary. PHILADELPHIA LODGE NO. 5, Senator Specter, Judge Massiah-Jackson cause, instead of offering a perfunctory re- Philadelphia, PA, January 13, 1998. sponse, I thought it prudent, under the has no business sitting on any bench, let Hon. RICHARD (RICK) SANTORUM, alone a Federal bench. Frankly, I have dif- present circumstances, to re-evaluate my U.S. Senator, Philadelphia, PA. general policy, to see if there were compel- ficulty reconciling why you would offer her DEAR SENATOR SANTORUM: The Fraternal nomination any of your support. She rou- ling reasons to deviate from it. I have con- Order of Police, in an effort to protect and cluded that this nomination presents such tinely demonstrates that she lacks any sense properly serve its members, has a keen inter- reasons. of judicial propriety and temperament. Her est in all Jurists whose appointment could Between the time of our conversation and manners and language in the court room are affect the safety and welfare of its Police. today, I have carefully reviewed sentencing ugly. Her record of sympathy and leniency To this end, the Fraternal Order of Police statistics, verdicts, courtroom testimony, toward criminals, even violent criminals, is is opposed to the nomination of Judge Fred- newspaper and other print media reports, to- extreme. Most objectionably, Judge Massiah- erica Massiah Jackson to the United States gether with a number of other pieces of anec- Jackson consistently parades her anti-police District Court for the Eastern District of dotal evidence, including office memoranda. bias by using her power and authority as a Pennsylvania. After having done so, I have concluded that judge to belittle, harass, and threaten the The reasons for this determination by the I must stand opposed to this nomination. law enforcement officers who appear in her F.O.P. is that Judge Jackson has an estab- This decision is a difficult one because I court. Her contempt for prosecutors appear- lished record of being extremely lenient on campaigned with and served on the bench at ing before her is so rancorous, that a broad criminals; insensitive to the victims of the same time as Judge Massiah-Jackson. I grassroots effort has been led by members of crime; and has posed a direct threat against firmly believe in the rule of law and the her own political party to oppose her ele- Police. independence of the judiciary, and I would vation to the Federal judiciary. Judge Jackson’s bizarre rulings, coupled never oppose a nomination merely because of In 1994, a man appeared before Judge with her challenging and adversarial atti- a personal disagreement with some decisions Massiah-Jackson charged with numerous of- tude toward Police and prosecutors, make it or remarks that a judge might make in the fenses. He had struck a pedestrian with his appear she is on a crusade against public heat of courtroom arguments. car, left her lying in the gutter, and then safety. My position on this nomination goes well pummeled into unconsciousness a relative of The Police have a hard enough time deal- beyond mere differences of opinion, or judi- the victim who attempted to prevent his ing with the felons on the street. They don’t cial philosophy. Instead, this nominee’s

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S635 record presents multiple instances of a deep- intend to continue to speak and to seek the pros and cons of START II versus ly ingrained and pervasive bias against pros- national dialog on a wide range of nu- START III. Instead, I believe that the ecutors and law enforcement officers—and, clear issues. In fact, I will invite each United States should move away from by extension, an insensitivity to victims of of my Senate colleagues to participate sizing its nuclear stockpile in accord- crime. Moreover, the nominee’s judicial de- ance with bilateral accords with Rus- meanor and courtroom conduct, in my judg- in a nuclear issues caucus focused on ment, undermines respect for the rule of law issues ranging from nuclear power and sia. Instead, within the limitations of and, instead, tends to bring the law into dis- waste to nuclear stockpiles. existing treaties, the United States repute. My goal is that out of this dialog and should move to a ‘‘threat-based stock- This nominee’s judicial service is replete out of a rebirth of critical thinking on pile,’’ driven by the minimal stockpile with instances of demonstrated leniency to- the roles of nuclear technology, we can size that meets credible threat evalua- wards criminals, an adversarial attitude to- craft policies that better meet the tions. wards police, and disrespect and a hostile at- needs of the Nation and better utilize That is just another issue in the nu- titude towards prosecutors unmatched by clear field that we ought to be address- any other present or former jurist with the power of nuclear technologies. Let me give you the flavor of some of these ing and debating and thinking about whom I am familiar. and listening to some experts on. I must, however, make this point perfectly issues that I assert need careful reex- clear: I believe firmly that the next member amination. Today, many of the weapons in our of the Eastern District judiciary should be First, in 1997, the United States de- stockpile and in the stockpile of Russia an African-American woman. The under-rep- cided to halt research into reprocessing are on hair-trigger alert. I believe that resentation of minorities on our federal mixed oxides, or commonly called MOX both nations should consider de-alert- bench has been permitted to exist for far too fuel, in the hope that it would curtail ing their nuclear stockpiles and even long. Fortunately, the Philadelphia area is other countries’ pursuit of these tech- consider eliminating the ground-based blessed with many eminently well-qualified leg of the nuclear triad. And I know African-American women lawyers, in aca- nologies. Other countries proceeded to follow their own best interests and this may not be doable, and the discus- demia, public service, private practice, and sion may reveal that it is not prudent. on the bench. Had any one of these been se- technical judgments. lected, she would already be presiding on our Today, many other countries are re- But it should be talked about. Federal District Court bench. processing and using MOX fuel, mixed Today, both the United States and I trust that this letter satisfies your in- oxide fuel. Now the United States is Russia are dismantling weapons, but quiry. unable to use these technologies to both nations are storing the classified Sincerely, meet nonproliferation needs and has components, the so-called pits from the LYNNE ABRAHAM, weapons, that would enable either na- District Attorney. largely been left out of the inter- national nuclear fuels cycle. tion to quickly rebuild its arsenals. We I yield the floor and suggest the ab- I contend we made a mistake then. are in serious need of a fast-paced pro- sence of a quorum. The reason we made the decision is gram to convert classified weapon com- The PRESIDING OFFICER (Ms. COL- false. We said it is so that no others ponents into unclassified shapes that LINS). The clerk will call the roll. will do this and create some risks. Oth- are quickly placed under international The assistant legislative clerk pro- ers have assessed that there are no verification. Then that material should be transformed into MOX—which I dis- ceeded to call the roll. risks, or few, and they have proceeded. Mr. DOMENICI. Madam President, I Let me move on to another example. cussed earlier—MOX fuel for use in ci- ask unanimous consent that the order Today, we regulate radiation to ex- vilian reactors, again with due haste. There are some who have prejudged for the quorum call be rescinded. tremely low levels based on what we this and will instantly say, no. I am The PRESIDING OFFICER. Without have chosen to call in this country the suggesting the time is now to have a objection, it is so ordered. ‘‘linear-no-threshold’’ model of radi- thorough discussion of these kinds of Mr. DOMENICI. Parliamentary in- ation effects. That model, basically, as- issues, because we made some mistakes quiry. Is there time set aside for morn- serts that the least bit of radiation ex- 15, 20 and 25 years ago when we made ing business now? posure increases the risk of cancer, but some of the decisions that now guide The PRESIDING OFFICER. There is scientific evidence does not support our course in this very, very difficult not. However, the Senator may, by that assumption. As a result, the area that I just spoke of with reference unanimous consent, request permission United States spends billions of dollars to proceed. to nuclear arsenal components. each year cleaning up sites to levels Today, high-level nuclear waste is Mr. DOMENICI. Madam President, I within 5 percent of natural background ask unanimous consent for 15 minutes stored in 41 States. Much of that is radiation, even though natural back- spent civilian reactor fuel that is satu- to speak as in morning business. ground radiation varies by large The PRESIDING OFFICER. Is there rating the storage capacity at many amounts; in fact, by over three times sites. The United States should move objection? Without objection, it is so just in the United States and much to interim storage of spent nuclear fuel ordered. larger amounts if we look outside the while continuing to actively pursue f Nation. permanent repository. In the years be- On another issue, today, nuclear en- NUCLEAR ISSUES fore that repository is sealed, there ergy provides 20 percent of the elec- will be time to study alternatives to Mr. DOMENICI. Madam President, tricity of our Nation. In 1996, nuclear permanently burying the spent fuel over the last few months, I have been energy reduced U.S. greenhouse gas with its large remaining energy poten- speaking out regularly on a wide range emissions from electric utilities by 25 tial. One of those alternatives for study of nuclear issues that confront our percent. Does that sound interesting to should be a serious review of accel- country and the world, issues that have anyone? Nuclear electrically generated erator transmutation of waste tech- not been carefully addressed to opti- power reduced U.S. greenhouse gas nology. mize the positive impacts of these emissions 25 percent. That means that Today, another issue, irradiation of technologies and to minimize their as- we produce that electricity clean in food products is rarely used. Neverthe- sociated risks. terms of global warming emissions, and less, there is convincing evidence of its As I began this statement, I noted we did this without imposing taxes or benefits in curtailing foodborne ill- that nuclear issues are not exactly the other costly limitations on the use of nesses. I commend the recent accept- ones that most of us focus on to hear carbon-based energy forms, some of the ance of irradiation for beef products by cheers of public support. Nuclear issues suggestions that are being made now the Food and Drug Administration. It typically have been relegated to back about taxing those energy sources that was a long time in coming, but it is fi- burners or only to attacks that wildly do create greenhouse gases to minimize nally here. inflate their risks. their impact by using less. Today, few low-level nuclear waste Based on strong encouragement that On another issue, today, we focus on disposal facilities are operating in this I have received from people like Sen- the creation of bilateral accords with country, jeopardizing many operations ator Nunn, John Deutch, Allan Russia to size our nuclear stockpile, that rely on routine use of low-level ra- Bromley, Edward Teller and others, I and we expend much energy debating dioactive materials. For example, the

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S636 CONGRESSIONAL RECORD — SENATE February 11, 1998 Federal Government continues its ef- facing the United States cannot be over- the United States if we make a decision that forts to block the efforts of the State looked. other countries view as economically or of California to build a low-level nu- The United States—like the rest of the in- technically unsound. France, Great Britain, dustrialized world—is aging rapidly as our Japan, and Russia all now have MOX fuel clear waste disposal facility at Ward birth rates decline. Between 1995 and the programs. Valley, CA. year 2030, the number of people in the United This failure to address an incorrect Today, joint programs with Russia States over age 65 will double from 34 million premise has harmed our efforts to deal with are underway to protect Russian fissile to 68 million. Just to maintain our standard spent nuclear fuel and the disposition of ex- materials and shift the activities of of living, we need dramatic increases in pro- cess weapons material, as well as our ability former Soviet weapons and their sci- ductivity as a larger fraction of our popu- to influence international reactor issues. entists into commercial projects. lation drops out of the workforce. I’ll cite another example of a bad decision. We regulate exposure to low levels of radi- These programs should be expanded, By 2030, 30 percent of the population of the industrialized nations will be over 60. The ation using a so-called ‘‘linear no-threshold’’ not reduced. The President suggests rest of the world—the countries that today model, the premise of which is that there is that some should be reduced. I believe are ‘‘under-industrialized’’—will have only 16 no ‘‘safe’’ level of exposure. they should be expanded. percent of their population over age 60 and Our model forces us to regulate radiation These and other issues will all ben- will be ready to boom. to levels approaching a few percent of nat- efit from a careful reexamination of As those nations build economies modeled ural background despite the fact that nat- past policies relating to nuclear tech- after ours, there will be intense competition ural background can vary by a factor of for the resources that underpin modern three just within the United States. nologies. While some may continue to On the other hand, many scientists think lament that the nuclear genie is out of economies. When it comes to energy, we have a seri- that living cells, after millions of years of the proverbial bottle, I am ready to ous, strategic problem. The United States exposure to naturally occurring radiation, focus on harnessing that genie as effec- currently consumer 25 percent of the world’s have adapted such that low levels of radi- tively and as fully as possible so that energy production. However, developing ation cause very little if any harm. In fact, our citizens may gain the largest pos- countries are on track to increase their en- there are some studies that suggest exactly the opposite is true—that low doses of radi- sible benefit from nuclear technologies. ergy consumption by 48 percent between 1992 and 2010. ation may even improve health. I have a more detailed statement The truth is important. We spend over $5 The United States currently produces and that analyzes these issues and others. I billion each year to clean contaminated DOE imports raw energy resources worth over $150 ask unanimous consent that it be sites to levels below 5 percent of background. billion per year. Approximately $50 billion of In this year’s Energy and Water Appropria- printed in the RECORD, not as if read, that is imported oil or natural gas. We then but merely as an adjunct to the speech tions Act, we initiated a ten year program to process that material into energy feedstocks understand how radiation affects genomes which I have just given. such as gasoline. Those feedstocks—the en- and cells so that we can really understand There being no objection, the mate- ergy we consume in our cars, factories, and how radiation affects living organisms. For rial was ordered to be printed in the electric plants—are worth $505 billion per the first time, we will develop radiation pro- RECORD, as follows: year. tection standards that are based on actual We debate defense policy every year, as we STATEMENT risk. should. But we don’t debate energy policy, (By Senator Pete V. Domenici) Let me cite another bad decision. You may even though it costs twice as much as our recall that earlier this year, Hudson Foods Over the last few months, I have been defense, other countries’ consumption is recalled 25 million pounds of beef, some of speaking out regularly on a wide range of growing dramatically, and energy shortages which was contaminated by E. Coli. The Ad- nuclear issues that confront our nation— are likely to be a prime driver of future mili- ministration proposed tougher penalties and issues that have not been carefully addressed tary challenges. mandatory recalls that cost millions. to optimize the positive impacts of these Even when we’ve discussed energy inde- But, E. Coli bacteria can be killed by irra- technologies and to minimize their associ- pendence in my quarter century of Senate diation and that irradiation has virtually no ated risks. service, we’ve largely ignored public debate effect on most foods. Nevertheless, irradia- As I began these statements, I noted that on nuclear policies. tion isn’t used much in this country, largely nuclear issues are not exactly the ones that At the same time, the anti-nuclear move- because of opposition from some consumer most of us focus on to hear cheers of public ment has conducted their campaign in a way groups that question its safety. support. Nuclear issues typically have been that has been tremendously appealing to But there is no scientific evidence of dan- relegated to back burners, or only to attacks mass media. Scientists, used to the peer-re- ger. In fact, when the decision is left up to that wildly inflate their risks. viewed ways of scientific discourse, were un- scientists, they opt for irradiation—the food Based on the strong encouragement I’ve re- prepared to counter. They lost the debate. that goes into space with our astronauts is ceived from people like Senator Nunn, John Serious discussion about the role of nu- irradiated. And if you’re interested in this Deutch, Allan Bromley, and Edward Teller, I clear energy in world stability, energy inde- subject, a recent issue of the MIT Tech- intend to continue to seek national dialogue pendence, and national security retreated nology Review details the advantages of irra- on a wide range of nuclear issues. In fact, I into academia or classified sessions. diated food. will invite each of my Senate Colleagues to Today, it is extraordinarily difficult to I’ve talked about bad past decisions that participate in a Nuclear Issues Caucus, fo- conduct a debate on nuclear issues. Usually, haunt us today. Now I want to talk about de- cused on issues ranging from nuclear power the only thing produced is nasty political cisions we need to make today. and waste to nuclear stockpile. My goal is fallout. The President has outlined a program to that out of this Caucus, and out of a rebirth My goal today is to share with you my per- stabilize the U.S. production of carbon diox- of critical thinking on the roles of nuclear spective on several aspects of our nuclear ide and other greenhouse gases at 1990 levels technology, we can craft policies that better policy. I am counting on you to join with me by some time between 2008 and 2012. Unfortu- meet the needs of the nation and better uti- to encourage a careful, scientifically based, nately, the President’s goals are not achiev- lize the power of nuclear technologies. re-examination of nuclear issues in the able without seriously impacting our econ- Strategic national issues are always hard United States. omy. to discuss. In no area has this been more evi- I am going to tell you that we made some Our national laboratories have studied the dent during these last few decades than in bad decisions in the past that we have to issue. Their report indicates that to get to development of public policy involving en- change. Then I will tell you about some deci- the President’s goals we would have to im- ergy, growth, and the role of nuclear tech- sions we need to make now. pose a $50/ton carbon tax. That would result nologies. First, we need to recognize that the prem- in an increase of 12.5 cents/gallon for gas and But as we leave the 20th Century, arguably ises underpinning some of our nuclear policy 1.5 cents/kilowatt-hour for electricity—al- the American Century, and head for a new decisions are wrong. In 1977, President Carter most a doubling of the current cost of coal or millennium, we truly need to confront these halted all U.S. efforts to reprocess spent nu- natural gas-generated electricity. strategic issues with careful logic and sound clear fuel and develop mixed-oxide fuel What the President should have said is science. (MOX) for our civilian reactors on the that we need nuclear energy to meet his We live in the dominant economic, mili- grounds that the plutonium was separated goal. After all, in 1996, nuclear power plants tary, and cultural entity in the world. Our during reprocessing. He feared that the sepa- prevented the emission of 147 million metric principles of government and economics are rated plutonium could be diverted and even- tons of carbon, 2.5 million tons of nitrogen increasingly becoming the principles of the tually transformed into bombs. He argued oxides, and 5 million tons of sulfur dioxide. world. that the United States should halt its re- Our electric utilities’ emissions of those There are no secrets to our success, and processing program as an example to other greenhouse gases were 25 percent lower than there is no guarantee that, in the coming countries in the hope that they would follow they would have been if fossil fuels had been century, we will be the principal beneficiary suit. used instead of nuclear energy. of the seeds we have sown. There is competi- The premise of the decision was wrong. Ironically, the technology we are relying tion in the world and serious strategic issues Other countries do not follow the example of on to achieve the benefits of nuclear energy

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S637 is over twenty years old. No new reactors States has left both countries with large in- materials back into new reactor fuel—this is have been ordered in this country for almost ventories of perfectly machined classified a system that integrates some processing a quarter of a century, due at least in part to components that could allow each country to with the final disposition. extensive regulation and endless construc- rapidly rebuild nuclear arsenals. When they get done, only a little material tion delays—plus our national failure to ad- Both countries should set a goal of con- goes into a repository—but now the half dress high level waste. verting those excess inventories into non- lives are changed so that it’s a hazard for We have created an environment for nu- weapon shapes as quickly as possible. The perhaps 300 years—a far cry from 100,000 clear energy in the United States wherein it more permanent those transformations and years. The industrial group believes that the isn’t viewed as a sound investment. We need the more verification that can accompany sale of electricity can go a long way toward absolute safety, that’s a given. But could we the conversion of that material, the better. offsetting the cost of the system, so this have that safety through approaches that Language in this year’s Energy and Water process might not add large costs to our don’t drive nuclear energy out of consider- Development Appropriations Legislation present repository solution. Furthermore, it ation for new plants? that I developed clearly sets out the impor- would dramatically reduce any real or per- The United States has developed the next tance of converting those shapes as part of ceived risks with our present path. This ap- generation of nuclear power plants—which an integrated plutonium disposition pro- proach, Accelerator Transmutation of Waste, have been certified by the NRC and are now gram. is an area I want to see investigated aggres- being sold overseas. They are even safer than Technical solutions exist. Pits can be sively. our current models. Better yet, we have transformed into non-weapons shapes and I still haven’t touched on all the issues em- technologies under development like pas- weapon material can be burned in reactors as bedded in maximizing our nation’s benefit sively safe reactors, lead-bismuth reactors, MOX fuel—which, by the way, is what the from nuclear technologies, and I can’t do and advanced liquid metal reactors that gen- National Academy of Sciences has rec- that without a much longer speech. erate less waste and are proliferation resist- ommended. However, the proposal to dispose For example, I haven’t discussed the in- ant. of weapons plutonium as MOX runs into that creasingly desperate need in the country for A recent report by Dr. John Holdren, done old premise that MOX is bad despite its wide- low level waste facilities like Ward Valley in at the President’s request, calls for a sharply spread use by our allies. California. In California, important medical enhanced national effort. It urges a ‘‘prop- I believe that MOX is the best technical so- and research procedures are at risk because erly focused R&D effort to see if the prob- lution. The economics of the MOX solution, the Administration continues to block the lems plaguing fission energy can be over- however, need further study. Ideally, incen- State government from fulfilling their re- come—economics, safety, waste, and pro- tives can be developed to speed Russian ma- sponsibilities to care for low level waste. liferation.’’ I have long urged the conclusion terials conversion while reducing the cost of And I haven’t touched on the tremendous of this report—that we dramatically increase the U.S. effort. We need an appropriate ap- window of opportunity that we now have in spending in these areas for reasons ranging proach for MOX to address its economic the former Soviet Union to expand programs from reactor safety to non-proliferation. challenges—perhaps something paralleling that protect nuclear material from moving I have not overlooked that nuclear waste the U.S.-Russian agreement on Highly En- onto the black market or to shift the activi- issues loom as a roadblock to increased nu- riched Uranium. ties of former Soviet weapons scientists onto clear utilization. I will return to that sub- I said earlier that I would not advocate in- commercial projects. Along with Senators ject. creased use of nuclear energy and ignore the Nunn and Lugar, I’ve led the charge for these For now, let me turn from nuclear power nuclear waste problem. The path we’ve been programs. Those are programs directly in to nuclear weapons issues. following on Yucca Mountain sure isn’t lead- our national interest. I know that some na- Our current stockpile is set by bilateral ing anywhere very fast. I’m about ready to tional leaders still think of these programs agreements with Russia. Bilateral agree- reexamine the whole premise for Yucca as foreign aid, I believe they are sadly mis- ments make sense if we are certain who our Mountain. taken. future nuclear adversaries will be and they We’re on a course to bury all our spent nu- We are realizing some of the benefits of nu- are useful to force a transparent build-down clear fuel, despite the fact that a spent nu- clear technologies today, but only a fraction by Russia. But our next nuclear adversary clear fuel rod still has 60–75% of its energy of what we could realize: may not be Russia—we do not want to find content—and despite the fact that Nevadans Nuclear weapons, for all their horror, ourselves limited by a treaty with Russia in need to be convinced that the material will brought to an end 50 years of world-wide a conflict with another entity. not create a hazard for over 100,000 years. wars in which 60 million people died. We need to decide what stockpile levels we Reprocessing, even limited reprocessing, Nuclear power is providing about 20% of really need for our own best interests to deal could help mitigate the potential hazards in our electricity needs now and many of our with any future adversary. a repository, and could help us recover the citizens enjoy healthier longer lives through For that reason, I suggest that, within the energy content of the spent fuel. Current ec- improved medical procedures that depend on limits imposed by START II, the United onomics may argue against reprocessing nuclear processes. States move away from further treaty im- based on present-day fuel prices, but now we But we aren’t tapping the full potential of posed limitations to what I call a ‘‘threat- seem to be stuck with that old decision to the nucleus for additional benefits. In the based stockpile.’’ never reprocess, quite independent of any process, we are short-changing our citizens. Based upon the threat I perceive right now, economic arguments. I hope in these remarks that I have dem- I think our stockpile could be reduced. We For Yucca Mountain, I propose we use in- onstrated my concern for careful reevalua- need to challenge our military planners to terim storage now, while we continue to ac- tion of many ill-conceived fears, policies and identify the minimum necessary stockpile tively advance toward the permanent reposi- decisions that have seriously constrained our size. tory. In addition to collecting the nation’s use of nuclear technologies. At the same time, as our stockpile is re- spent nuclear fuel in one well secured facil- My intention is to lead a new dialogue duced and we are precluded from testing, we ity, far from population centers, interim with serious discussion about the full range have to increase our confidence in the integ- storage also allows us to keep our options of nuclear technologies. I intend to provide rity of the remaining stockpile and our abil- open. national leadership to overcome barriers. ity to reconstitute if the threat changes. Those options might lead to attractive al- While some may continue to lament that Programs like science-based stockpile stew- ternatives to the current ideas for a perma- the nuclear genie is out of his proverbial bot- ardship must be nurtured and supported nent repository in the years before we seal tle, I’m ready to focus on harnessing that carefully. the repository. Incidentally, 65 Senators and genie as effectively and fully as possible, for As we seriously review stockpile size, we 307 Representatives agreed with the impor- the largest set of benefits for our citizens. should also consider stepping back from the tance of interim storage, but the Adminis- Mr. DOMENICI. Madam President, I nuclear cliff by de-alerting and carefully re- tration has only threatened to veto any such suggest the absence of a quorum. examining the necessity of the ground-based progress and has shown no willingness to dis- The PRESIDING OFFICER. The leg of the nuclear triad. cuss alternatives. Costs certainly aren’t the primary driver Let me highlight one attractive option. A clerk will call the roll. for our stockpile size, but if some of the ac- group from several of our largest companies, The assistant legislative clerk pro- tions I’ve discussed were taken, I’d bet that using technologies developed at three of our ceeded to call the roll. as a bonus we’d see some savings in the $30 national laboratories and from Russian insti- Mr. LEAHY. Madam President, I ask billion we spend each year on the nuclear tutes and their nuclear navy, discussed with unanimous consent that the order for triad. me an approach to use spent nuclear fuel for the quorum call be rescinded. Earlier I discussed the need to revisit some electrical generation. They use an accel- The PRESIDING OFFICER. Without incorrect premises that caused us to make erator, not a reactor, so there is never any objection, it is so ordered. bad decisions in the past. I said that one of critical assembly. Mr. LEAHY. Madam President, first, them, regarding reprocessing and MOX fuel, There is minimal processing, but carefully may hamstring our efforts to permanently done so that weapons-grade materials are I wish to thank my good friend from dismantle nuclear weapons. never separated or available for potential di- Indiana—I know he is about to speak— The dismantlement of tens of thousands of version. Further, this isn’t reprocessing in for allowing me to continue just for a nuclear weapons in Russia and the United the sense of repeatedly recirculating fissile very few minutes as though in morning

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S638 CONGRESSIONAL RECORD — SENATE February 11, 1998 business. And I ask unanimous consent court in Minnesota found the tobacco One of these advisors went so far as to for that purpose. industry improperly used the attorney- declare war on Judge Starr and the Of- The PRESIDING OFFICER. Without client privilege to hide thousands of in- fice of the Independent Counsel. objection, it is so ordered. dustry documents. Now these tactics bring to mind the f This stonewalling will stop and the old adage known to every trial lawyer American people will know all the in the country: When you have the HEALTHY KIDS ACT facts about the tobacco industry under facts, argue the facts; when you have Mr. LEAHY. Madam President, I am our bill. Second, our bill scraps the the law, argue the law; and when you proud to join the Vice President, Vice sweetheart deal of immunity for the have neither the facts nor the law, go President GORE, Senator CONRAD, and tobacco industry from punitive dam- after the prosecutor, go after the wit- other colleagues, in support of com- ages and class action lawsuits that was nesses, go after the accuser, attack prehensive tobacco control legislation. in the proposed national settlement. their credibility. I believe it is time for the Congress to Every day we learn more and more Yesterday in the Wall Street Journal join the President’s call to curb teen- about documents that reveal industry in an editorial entitled ‘‘Spinning age smoking. schemes to market their deadly prod- Starr,’’ the editors state: But I believe that as a U.S. Senator, uct to children and hide smoking-re- Events of recent days suggest that an anal- as a Vermonter, and as the ranking lated health research. ysis by Mr. Clinton’s legal team has con- member of the Senate Judiciary Com- Marketing cigarettes to 14 year-old cluded that their strongest strategy is not to mittee, that the HEALTHY Kids Act meet on the battlefield of facts and law, but children is outrageous. Is that the kind to conduct a political offensive against the improves the proposed national to- of conduct that we should reward with independent counsel and his staff. bacco settlement in two key areas— unprecedented legal protections? In the No matter what opposition they’ve encoun- this is what I am looking at in tobacco words of today’s 14 year-olds, ‘‘Get tered—Paula Jones, Linda Tripp, Kathleen settlements—that you have to have real.’’ Willey, Fred Thompson, Judge Royce full document disclosure and that there Under our bill, a state may resolve Lamberth—the Clinton side has always cho- can be no immunity for the tobacco in- its attorney general suit or take on the sen the same strategy of stonewalling, smash-mouth lawyering. dustry. tobacco industry in court, as Min- Madam President, for those of us who The reason I say this, Madam Presi- nesota is doing. It is up to the people of know Ken Starr and have watched and dent, is I have here a 1974 marketing that state, not a Washington knows appreciated his distinguished career, plan by RJR Tobacco. best approach. I am confident that the picture painted of this man by the In 1974 they were saying how they Vermont Attorney General William President’s people is virtually unrecog- have to target the 14-to-24 age group. Sorrell knows the facts in his lawsuit nizable. In 1974 they were saying how they had against big tobacco and will weigh the to put their ads together so that people The President’s people have asked us best interests of Vermonters in making to forget Kenneth Starr’s exemplary in the 14-to-24-year-old group could be the decision whether to opt-in to the targeted, could become cigarette smok- personal character, his service as the bill’s settlement provisions. Nation’s Solicitor General, and his ten- ers, could become addicted, and once I strongly believe that this com- ure in the United States Court of Ap- addicted would remain their customers prehensive tobacco control legislation peals for the District of Columbia. until they died. Of course, so many of puts the interests of our children ahead The President’s people have asked us them did die of lung cancer and other of the interests of the tobacco lobby. to forget the reputation he has gained tobacco-related diseases. I look forward to working with Presi- for fairness and balance and good judg- These documents became public al- dent Clinton, Vice President GORE, ment that he earned through working most a quarter of a century later only Senator CONRAD and my other col- with the Justice Department. because of the suits that are going on, leagues on both sides of the aisle to The President’s people have asked us only because of the forced disclosure. I enact it into law. to forget the unpopular chances he say whatever we do in tobacco legisla- I thank again my good friend from took in defending freedom of the press tion, make sure all documents have to Indiana. I yield the floor. and freedom of religion during his ten- be disclosed and make sure that there The PRESIDING OFFICER. The Sen- ure as a Federal judge. is no immunity to the tobacco indus- ator from Indiana. And most of all, the President’s peo- try. Mr. COATS. I ask unanimous consent ple have asked us to forget that Ken- I want to thank Senator CONRAD for to speak as in morning business. neth Starr has brought to the inde- working with me to craft legislative The PRESIDING OFFICER. Without pendent counsel’s office the cautious, language that calls for full disclosure objection, it is so ordered. deliberative mind of a judge and not of all tobacco industry documents re- f the zeal of a prosecutor. lating to the health effects of tobacco The President’s attack machine has INDEPENDENT COUNSEL products, the control of nicotine in to- left us not with a caricature of Ken bacco products and the marketing of Mr. COATS. Madam President, over Starr but with a smudge: Kenneth tobacco products. This disclosure to the past 3 weeks or so, Independent Starr, right-wing conspirator, partisan the FDA includes key documents that Counsel Ken Starr has been the subject prosecutor, Republican hack. the industry may claim as privileged. of a sustained attack by individuals Madam President, there is too much After internal review, the FDA has speaking on behalf of the President. hanging in the balance of this inves- the authority to publish these docu- Judging by some of these statements, tigation to permit these attacks on ments to further the interests of public it seems there is little that the Presi- Judge Starr’s character and reputation health. And these documents will be dent’s surrogates are unwilling to say to go unchallenged. The fact is that available on the Internet for every cit- about Judge Starr. The objective of even some of Kenneth Starr’s most izen to finally learn the full truth these comments seems clear—to under- committed ideological opponents have about the tobacco industry. mine public confidence in the very in earlier times painted a very dif- Contrary to its public relations legal processes designed to assure pub- ferent picture of the man who is now at ploys, the tobacco industry is still lic integrity in the White House. the receiving end of so much of the using stonewalling tactics to keep in- In an extraordinary televised inter- Clinton fury. dustry documents secret. Minnesota view, the First Lady accused the inde- Some of you may have heard of Wal- Attorney General Skip Humphrey has pendent counsel of being ‘‘politically ter Dellinger. He is a professor of law been prying loose documents that re- motivated’’ by an investigation of the at Duke University, a liberal democrat veal much about the past practices of Monica Lewinsky matter and part of a and the former head of the Office of tobacco corporations. But the tobacco ‘‘vast right-wing conspiracy’’ to bring Legal Counsel under Attorney General industry continues to abuse its attor- down the President. Other Presidential Janet Reno. When Kenneth Starr was ney-client privilege by trying to block advisors have also taken to the air- chosen as independent counsel, Pro- damaging documents from being pub- waves, attacking Kenneth Starr as a fessor Dellinger said, ‘‘I have known licly released. Again, yesterday, the ‘‘scumbag,’’ and ‘‘merchant of sleaze.’’ Ken

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S639 Starr since he was one of my students that there is a concerted attack on ministration time and time again when at Duke Law School and I have always Kenneth Starr, the court-appointed they are feeling pressure from an inves- known him to be a fair-minded per- independent counsel investigating sev- tigation or emerging scandal. son.’’ eral serious allegations against the It is unfortunate, but this adminis- An official with the American Civil Clinton administration. Some of those tration has been plagued by scandals Liberties Union said of Starr’s appoint- attacks were made today on the floor since prior to President Clinton’s elec- ment, ‘‘I’d rather have him investigate of the Senate. I believe a previous at- tion in 1992. It seems like there is a re- me than almost anyone I could think tack was made earlier in the week in petitive pattern of attacking whoever of.’’ the Senate. And I think Mrs. Clinton that scandal happens to be involved Alan Morrison, the cofounder of Pub- joined in the attack on Judge Starr. with—whether it was Gennifer Flowers, lic Citizen Litigation Group told Time So, there appears to be a concerted at- when she was attacked; Paula Jones, magazine last week that the idea of tempt by the President, his staff, his when she was attacked; the FBI, when Kenneth Starr as a right-wing avenger wife, and others to attack Kenneth investigating the FBI files matter. A is ‘‘not the Ken Starr I know.’’ Starr as the independent counsel. I just couple FBI people lost their jobs over When Democrats criticized Judge think that is inappropriate. that unfortunate incident. The travel Starr’s appointment as politically in- Just for the information of my col- office employees were attacked, when spired, five former presidents of the leagues, I have known Ken Starr. I un- Billy Dale was investigated. The Jus- American Bar Association refused to derstand that he clerked for the Su- tice Department was called in to inves- call for his resignation, citing their preme Court for Chief Justice Warren tigate Billy Dale. So time and time ‘‘Utmost confidence in his integrity Burger when he got out of law school. again, it seems like there is a pattern and his objectivity.’’ I got to know him when he was assist- that if there is a complaint, we all of a sudden start hearing negative stories. Just last week, Robert Bork, one of ant and chief of staff to Attorney Gen- When it became well known that FBI the sternest critics of the independent eral William French Smith during the Director Louis Freeh’s recommenda- counsel law, wrote that the Office of Reagan administration. That is the tion was that an independent counsel the Independent Counsel ‘‘requires but first time I got to know him. And I re- should be appointed to investigate pos- does not always get an independent member him when he served as Solic- sible campaign abuses by the Clinton counsel of moral strength and judicial itor General of the United States and administration, all of a sudden we start temperament. Kenneth Starr is just argued cases on behalf of the United hearing negative stories about Director such a prosecutor***He has con- States before the Supreme Court. I Freeh and the White House’s lack of ducted himself professionally and with- happened to sit in on one or two. In one confidence in his work. There was even out a credible hint of partisanship.’’ case that I remember in particular, he some speculation that he would be The worlds of Kenneth Starr and the did a very fine job. He represented the fired. Well, he could not be fired, he Clinton White House are completely United States very well. I don’t re- had a 10-year term. I think it is very different. The independent counsel has member anybody ever making any alle- unfortunate. a reputation for integrity and fairness. gations that he was a right-wing con- Mrs. Clinton was on television talk- He is temperate by nature and has been spirator at that time. ing about a ‘‘right-wing conspiracy,’’ criticized by his own staff as being de- He served as a judge on the D.C. Cir- and about all these groups spreading liberative to a fault. Kenneth Starr re- cuit Court of Appeals with Justices stories. I don’t think Ken Starr has gards justice not as a matter of win- Scalia and Ginsburg, and he served anything to do with any alleged right- ning or losing but as a search for the with distinction. I don’t remember wing conspiracy, nothing whatsoever. I truth. hearing one scintilla of negative com- don’t think he has ever had that strong Madam President, if there is ever a ments of his service there. of a political philosophy or involve- time when we need an impartial inde- He was chosen—and this is inter- ment with partisan issues. He has been pendent search for the truth, this is esting—by the Senate to review Sen- a judge, he has been working at the that time. A great deal does hang in ator Packwood’s diaries that dealt Justice Department and teaching law the balance. We have important deci- with a sex scandal in the Senate. That school. I just don’t think that’s the sions to make relative to foreign policy was a very sensitive issue and not an case. I certainly don’t think that the of this Nation and the domestic policy easy one. And probably not a job that President’s own personal secretary was of this Nation. It is important that we he had any interest in doing either. part of a right-wing conspiracy. So I be able to rest credibility and trust in But it shows that, yes, he handled that, am just bothered by that. the Office of the Presidency. It is im- and he handled it very professionally. I I think that we see a concerted effort portant that we elicit the facts and the think everyone in the Senate would by the administration to have a diver- truth relative to the allegations swirl- have to acknowledge that. sion. Certainly this latest scandal is se- ing around the President and the White Judge Starr has taught constitu- rious. There were allegations that were House at this particular time. tional law at New York University Law brought to Ken Starr’s attention, and I can think of no fairer minded nor School, a very prestigious law school. he took them to the Attorney General nonpartisan, capable individual than He was chosen by the three-judge court for authority to investigate. She gave a the current independent prosecutor, to take over as independent counsel recommendation to the three-judge Kenneth Starr, and I think it would be and replace Robert Fiske in his inves- court to expand his authority to inves- appropriate if all of us let him do his tigation of Whitewater and related tigate. Janet Reno recommended to the job. matters. He was chosen for this job by three-judge panel that these latest al- I yield the floor and I suggest the ab- the court. I don’t believe he cam- legations concerning the sex scandal be sence of a quorum. paigned for it. He was selected by a investigated. That is what Ken Starr is The PRESIDING OFFICER. The three-judge panel. doing. clerk will call the roll. So he worked for the Senate, he So I hope that my colleagues will The assistant legislative clerk pro- worked in the Attorney General’s of- tone down their rhetoric. I hope this ceeded to call. fice, in the Solicitor General’s office, administration will tone down the Mr. NICKLES. Madam President, I he served as a judge, and he taught—all rhetoric and quit attacking Ken Starr ask unanimous consent that the order of which he did with distinction. and maybe cooperate with the inves- for the quorum call be rescinded. So I really regret that many people tigation and let the facts be known. The PRESIDING OFFICER. Without in the administration, and now some of I hope that nothing happened. I hope objection, it is so ordered. our colleagues, are attacking Ken that there is nothing to this scandal. f Starr—impugning his motives, raising But I think the President should tell charges of conflict of interest, and so the truth. I think that the American ATTACKS ON KENNETH STARR on. I think that is really unfortunate. people are entitled to the truth and, Mr. NICKLES. Madam President, I I happen to also think it is intended hopefully, it will come out very short- rise today to make a couple of observa- as a diversion. I think it is a pattern ly. Then we can go on and do the Na- tions. One is that it is very apparent that we have seen followed by this ad- tion’s business—as the President has

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S640 CONGRESSIONAL RECORD — SENATE February 11, 1998 called for. But when there are allega- nomination. But first I would like to LEAHY, the ranking Democrat on the tions of perjury, or obstruction of jus- discuss the Judiciary Committee’s Judiciary Committee, for his coopera- tice, coaching witnesses, or trying to record with respect to the confirmation tive efforts this past year. In fact, I get people to leave town so maybe they of President Clinton’s judicial nomi- would like my colleagues to note that would not testify—these are serious nees. a portrait of Senator LEAHY will be un- charges. I might remind colleagues As chairman of the Senate Judiciary veiled this very evening in the Agri- that President Nixon was on the road Committee, one of the most important culture Committee hearing room. This to impeachment not because he broke duties I fulfill is in screening judicial is an honor that I believe my distin- into the Watergate, but because of nominees. Indeed, the Constitution guished colleague justly deserves for charges of perjury, tampering with a itself obligates the Senate to provide his efforts on that great committee. I witness and obstruction of justice. the President advice concerning his want Senator LEAHY to know that I So these are serious charges, but nominees, and to consent to their ulti- plan on attending that portrait unveil- they don’t need to be investigated on mate confirmation. Although some ing itself even though this debate is the floor of the Senate. It is possible have complained about the pace at taking place on the floor between 4 and that at some point the Senate will which the committee has moved on ju- 6 today. have a role; I don’t know. But I don’t dicial nominees, I note that it has un- It is in this spirit of cooperation and think it is proper or right to have this dertaken its duty in a deliberate and fairness that I will vote to confirm Ms. campaign of attack and smear on Ken serious fashion. Indeed, with respect to Morrow. Conducting a fair confirma- Starr. I think it undermines the judi- Ms. Morrow, there were concerns. Her tion process, however, does not mean cial process and really undermines answers to the committee were not en- granting the President carte blanche in those people who are making such tirely responsive. Rather than simply filling judicial vacancies. It means as- charges. Madam President, I hope that pushing the nomination forward, how- suring that those who are confirmed our colleagues and others will allow ever, I believed it was important for will uphold the Constitution and abide the independent counsel to do his the committee to ensure that its ques- by the rule of law. work. tions were properly answered. Thus, Based upon the committee’s review I suggest the absence of a quorum. the committee submitted written ques- of her record, I believe that the evi- The PRESIDING OFFICER. The tions for Ms. Morrow to clarify some of dence demonstrates that Margaret clerk will call the roll. her additional responses. And, having Morrow will be such a person. Ms. Mor- The assistant legislative clerk pro- reviewed Ms. Morrow’s answers to the row likely would not be my choice if I ceeded to call the roll. questions posed by the committee, I be- were sitting in the Oval Office. But the Mr. HATCH. Mr. President, I ask came satisfied that she would uphold President is sitting there, and he has unanimous consent that the order for the Constitution and abide by the rule seen fit to nominate her. the quorum call be rescinded. of law. She has the support of the Senators The PRESIDING OFFICER (Mr. In fact, we held two hearings in Mar- from California. And the review con- FAIRCLOTH). Without objection, it is so garet Morrow’s case, as I recall, and ducted by the Judiciary Committee ordered. the second hearing was, of course, to suggests that she understands the prop- er role of a judge in our Federal system f clarify some of these issues without which we might not have had Ms. Mor- and will abide by the rule of law. There EXECUTIVE SESSION row’s nomination up even to this day. is no doubt that Ms. Morrow is, in Thus, I think it fair to say that the terms of her professional experience committee has fairly and responsibly and abilities, qualified to serve as a NOMINATION OF MARGARET M. dealt with the President’s nominees. Federal district court judge. I think MORROW, OF CALIFORNIA, TO BE Indeed, the Judiciary Committee has the only question that may be plaguing U.S. DISTRICT JUDGE FOR THE already held a judicial confirmation some of my colleagues is whether she CENTRAL DISTRICT OF CALI- hearing, and has another planned for will abide by the rule of law. As I have FORNIA February 25. Thus, the committee will stated elsewhere, nominees who are or The PRESIDING OFFICER. Under have held two nomination hearings in who are likely to be judicial activists the previous order, the Senate will now the first month of the session. are not qualified to serve as Federal proceed to consider Executive Calendar I note that Judiciary Committee judges, and they should neither be No. 135, which the clerk will report. processed 47 of the President’s nomi- nominated nor confirmed. And I want The legislative clerk read the nomi- nees last session, including Ms. Mor- my colleagues to know that when such nation of Margaret M. Morrow, of Cali- row. Today there are more sitting individuals come before the Judiciary fornia, to be United States District judges than there were throughout vir- Committee I will vociferously oppose Judge for the Central District of Cali- tually all of the Reagan and Bush ad- them. In fact, many of the people that fornia. ministrations. Currently, there are 756 have been suggested by the administra- The PRESIDING OFFICER. Debate active Federal judges. In addition, tion have been stopped before they on the nomination is limited to 2 hours there are 432 senior Federal judges who have been sent up. And that is where equally divided and controlled by the must by law continue to hear cases. most of the battles occur, and that is Senator from Utah and the Senator Even in the ninth circuit, which has 10 where most of the work between the from Missouri. vacancies, only one judge has actually White House and myself really occurs. Mr. HATCH addressed the Chair. stopped hearing cases. The others have I have to compliment the White House The PRESIDING OFFICER. The Sen- taken senior status, and are still ac- in recognizing that some people that ator from Utah. tively participating in that court’s they wish they could have put on the Mr. HATCH. Mr. President, I rise work. I am saying that the other nine bench were not appropriate persons to today to support the nomination of judges have taken senior status. Those put on the bench because of their atti- Margaret Morrow to the Federal Dis- who have retired, or those who have tudes towards the rule of law pri- trict bench in California. taken senior status, are still hearing marily. Ms. Morrow enjoys broad bipartisan cases. The total pool of Federal judges While I initially had some concerns support, and it is no wonder. She grad- available to hear cases is 1,188, a near that Ms. Morrow might be an activist, uated magna cum laude from Bryn record number. I have concluded, based on all the in- Mawr College, and cum laude from the I have sought to steer the confirma- formation before the committee, that a Harvard Law School. She is presently a tion process in a way that kept it a fair compelling case cannot be made partner at Arnold and Porter in their and a principled one, and exercised against her. While it is often difficult Los Angeles office where she handles what I felt was the appropriate degree to tell whether a nominee’s words be- virtually all of that office’s appellate of deference to the President’s judicial fore confirmation will match that litigation. appointees. nominee’s deeds after confirmation, I I plan to outline in greater detail I would like to personally express my believe that this nominee in particular why I intend to support Ms. Morrow’s gratitude and compliments to Senator deserves the benefit of the doubt. And

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S641 all nominees deserve the benefit of the changes the bar should make and did She explained that ‘‘having passed an doubt, unless the contrary is substan- not advance the theme that courts initiative, the voters want to see it en- tial—or, should I say, less evidence to should be engines of social change. The acted. They view a court challenge to the contrary is substantial. In my committee found the nominee’s expla- its validity as interference with the view, there is not sufficient evidence to nation of the use of the quotation, public will.’’ demonstrate that Ms. Morrow will en- given its context, very plausible. In ad- For this reason, Ms. Morrow advo- gage in judicial activism. In fact, Ms. dition, the nominee went to some cated reforms to the California initia- Morrow has assured the committee lengths in her oral testimony and her tive process to take a final decision on that she will abide by the rule of law, written responses to the committee to ballot measures out of the hands of and will not substitute her preferences espouse a clearly restrained approach judges and to place it back into the for the dictates of the Constitution. to constitutional interpretation and hands of the people. If Ms. Morrow is a woman of her the rule of the courts. Frankly, much In supporting this nomination, I took word, and I believe she is, I am con- of what she has said under oath goes a into account a number of factors, in- fident that she will serve the country long way toward legitimized, very re- cluding Ms. Morrow’s testimony, her with distinction. strained jurisprudence that some of our accomplishments and her evident abil- I would like briefly to address some colleagues on the other side of the aisle ity as an attorney, as well as the fact of the questions raised by those who called out of the mainstream just a that she has received strong support, oppose Ms. Morrow’s nomination. Per- decade ago. bipartisan support from both Demo- haps the most troubling evidence of po- For example, she testified that she crats and Republicans. Republicans in- tential activism that Ms. Morrow’s would attempt to interpret the Con- cluded Ninth Circuit Judges Cynthia critics advance comes from several stitution ‘‘consistent with the intent of Hall, Steven Trott and Pamela Rymer, speeches she has given while president the drafters.’’ She later explained in Reagan-Bush appointees, as well as of the Los Angeles, CA, Bar Associa- more detail that judges should use the Rob Bonner, a respected conservative, tion. At the fourth annual Conference constitutional text ‘‘as a starting former Federal judge and head of the on Women in the Law, for example, Ms. point, and using that language and drug enforcement agency under Presi- Morrow gave a speech in which she whatever information there is respect- dent Bush. stated that ‘‘the law is almost by defi- ing the intent behind that language I know all of these people personally. nition on the cutting edge of social one ought to attempt then to decide They are all strong conservatives. thought. It is a vehicle through which the case consistent with that intent.’’ They are really decent people. They are we ease the transition from the rules She later testified that judges should as concerned as you or I or anybody which have always been to the rules not ‘‘by incremental changes ease the else about who we place on the Federal which are to be.’’ law from one arena to another in a pol- bench, and they are strongly in favor of Now, if Ms. Morrow was speaking icy sense.’’ And in written correspond- Margaret Morrow, as are many, many here about ‘‘the law’’ and ‘‘rules’’ in a ence with the committee, Ms. Morrow other Republicans. And they are not substantive sense, I would have no further elaborated on her constitu- just people who live within the district choice but to read these statements as tional jurisprudence by highlighting where she will be a judge. They are professing a belief in judicial activism. the case which in her view adopted the some eminent judges themselves. On that basis alone, I would likely proper methodology to constitutional I have a rough time seeing why any- have opposed her nomination. However, interpretation. body basically under all these cir- Ms. Morrow repeatedly and somewhat As she explained, in that case the cumstances would oppose this nominee. animatedly testified before the com- Court ‘‘looked first to the language of Each of those individuals I mentioned mittee that she was not speaking sub- the Constitution,’’ then ‘‘buttressed its and others, such as Richard Riordan, stantively of the law itself but, rather, reading’’ of the text by ‘‘looking to the the Republican mayor of Los Angeles, was referring to the legal profession language of other constitutional provi- have assured the committee that Ms. and the rules by which it governs sions.’’ And finally to ‘‘the intent of Morrow will not be a judicial activist. itself. those who drafted and ratified this lan- I hope they are correct. And at least on When the committee went back and guage as reflected in the Federalist Pa- this point I have seen little evidence in examined the context of Ms. Morrow’s pers, debates of the Constitutional the record that would suggest to me speech, it concluded that this expla- Convention and other writings of the that she would fail to abide by the rule nation was in keeping with the theme time.’’ of law once she achieves the bench and of her speech. Contrary to the claim that she con- practices on the bench and fulfills her In her inaugural address as president demns all voter initiatives, Ms. Morrow responsibility as a judge on the bench. of the State Bar of California on Octo- has actually sought to ensure that vot- In sum, I support this nominee and I ber 9, 1993, Ms. Morrow quoted then ers have meaningful ways of evaluating urge my colleagues to do the same. I Justice William Brennan, stating that such initiatives. am also pleased, with regard to these ‘‘Justice can only endure and flourish In a widely circulated article, Ms. judicial nominees, that no one on our if law and legal institutions are en- Morrow noted that the intensive adver- side has threatened to ever filibuster gines of change able to accommodate tising campaigns that surround citizen any of these judges, to my knowledge. evolving patterns of life and social initiatives often focus unfairly on the I think it is a travesty if we ever start interaction.’’ measure’s sponsor rather than the ini- getting into a game of filibustering Here again some were troubled that tiative’s substance. This made it hard, judges. I have to admit my colleagues Ms. Morrow seemed to be advocating she argued, for voters to make mean- on the other side attempted to do that judicial activism. Ms. Morrow, how- ingful choices and ‘‘renders ephemeral on a number of occasions the last num- ever, assured the committee that she any real hope of intelligent voting by a ber of years during the Reagan-Bush was not suggesting that courts them- majority.’’ years. They always backed off, but selves should be engines of change. In Read in its proper context, this state- maybe they did because they realized response to the committee she testified ment seized upon by Ms. Morrow’s crit- there were not the votes to invoke clo- as follows: ics was a statement concerning the ture. But I really think it is a travesty quality of information disseminated to The theme of that speech was that the if we treat this third branch of Govern- State Bar of California as an institution and the voters, not a comment on the vot- ment with such disregard that we fili- the legal profession had to change some of ers’ ability to make intelligent policy buster judges. the ways we did business. The quotation re- choices. Thus Ms. Morrow’s statement The only way I could ever see that garding engines of change had nothing to do is not particularly controversial but in happening is if a person is so abso- with changes in the rule of law or changes in fact highly respectful of the role voters lutely unqualified to sit on the bench constitutional interpretation. must play in our electoral system. In that the only way you could stop that Once again, the committee went back fact, Ms. Morrow argued that the person is to filibuster that nominee. and scrutinized Ms. Morrow’s speech courts should not be placed in a posi- Even then, I question whether that and found that its theme was in fact tion of policing the initiative process. should be done. We are dealing with a

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S642 CONGRESSIONAL RECORD — SENATE February 11, 1998 coequal branch of Government. We are they were President, but they are not ciation and a president of the Los An- dealing with some of the most impor- the President. And unless there is an geles County bar. tant nominations a President, whoever overwhelming case to be made against This is a nominee who is a partner in that President may be, will make. And a judge, I have a very difficult—and es- a prestigious law firm. This is a nomi- we are also dealing with good faith on pecially this one; there is not—I have nee who has the highest rating that both sides of the floor. to say that I think we do a great injus- lawyers can be given when they come I have to say, during some of the tice if we do not support this nomina- before our committee for approval as a Reagan and Bush years, I thought our tion. judge. This is a woman about whom colleagues on the other side were rep- So with that, I will yield the floor. letters were sent to me and to other rehensible in some of the things they How much time does the distin- Senators from some of the leading Re- did with regard to Reagan and Bush guished Senator need? publicans and some of the leading judges, but by and large the vast ma- Mrs. BOXER. About 10 minutes. Democrats in California and from oth- jority of them were put through with- Mr. HATCH. I yield 10 minutes to the ers whose background I know only be- out any real fuss or bother even though distinguished Senator from California. cause of their reputations, extraor- my colleagues on the other side, had If my colleague would prefer to con- dinary reputations. I have no idea what they been President, would not have trol the time on his side, I would be their politics are. But all of them, appointed very many of those judges. happy—should I yield to the Senator? whether they describe themselves as We have to show the same good faith Mrs. BOXER. I would prefer we yield conservatives, liberals, moderates or on our side, it seems to me. And unless to Senator LEAHY given his schedule. apolitical, all of them say what an ex- you have an overwhelming case, as Mr. HATCH. Let’s split the time. You traordinary woman she is. And I agree. may be the case in the nomination of control half the time, and I will control I have read all of the reports about Judge Massiah-Jackson, unless you half. You can make the determination, her. I have read all the things people have an overwhelming case, then cer- or if you would like—— said in her favor, and the things, oft- tainly I don’t see any reason for any- Mr. LEAHY. Mr. President, how times anonymous, said against her. I body filibustering judges. I hope that much time is there remaining? look at all those and I say of this we never get into that. Let’s make our The PRESIDING OFFICER. There woman: If I were a litigant, plaintiff or case if we have disagreement, and I are 36 minutes 30 seconds. defendant, government or defendant, have to say that some of my colleagues Mr. LEAHY. I wonder if I might yield no matter what side I was on, I could disagree with this nomination, and myself 5 minutes. look at this woman and say I am happy they do it legitimately, sincerely, and I The PRESIDING OFFICER. The to come into her court. I am happy to think with intelligence, but I think Chair recognizes the Senator from have my case heard by her—whether I they are wrong. And that is after hav- Vermont. am rich, poor, white, black, no matter ing been part of this process for 22 Mr. LEAHY. Mr. President, this real- what might be my background. I know years now and always trying to be fair, ly has been a long time coming, and I she would give a fair hearing. whoever is the President of the United appreciate the effort of my friend, the Now, finally, after 12 months on the States and whoever the nominees are. chairman, who is on the floor, to sup- Senate calendar without action over It is important because most of the port this nomination. I commend my the course of the last 3 years, I am glad fight has to occur behind the scenes. It good friend, the Senator from Cali- that the debate is beginning. I am also has to occur between honest people in fornia, Mrs. BOXER, who has been inde- glad we can now look forward to the the White House and honest people up fatigable in this effort. She has worked end of the ordeal for Margaret Morrow, here. And that’s where the battles are. and worked and worked. I believe she for her family, her friends and her sup- When they get this far, generally most has spoken to every single Senator, porters. of them should be approved. There are every single potential Senator, every Her supporters include the chairman some that we have problems with still single past Senator, certainly to all the of the Judiciary Committee and half in the Judiciary Committee, but that judges, and she has been at us over and the Republican members on that com- is our job to look at them. That is our over again to make sure that this day mittee. The Republican Mayor of Los job to look into their background. It is would come. She has worked with the Angeles, Richard Riordan, calls her our job to screen these candidates. Republican leader, the Democratic ‘‘an excellent addition to the Federal And, as you can see, in the case of leader, and Republican and Democratic bench.’’ All of these people have Massiah-Jackson we had these accusa- Senators alike. I appreciate all that praised her. tions but nobody was willing to stand she has done. We have all been aided by To reiterate, this day has been a long up and say them. I am not about to our colleague, Senator FEINSTEIN. She time coming. When this accomplished rely on unsubstantiated accusations by has spoken out strongly for Margaret lawyer was first nominated by the anybody. I will rely on the witness her- Morrow as a member of the Judiciary President of the United States to fill a self in that case. But we never quit in- Committee and as a Senator. vacancy on the District Court for the vestigating in the committee, and even I feel though, as Senator BOXER has Central District of California, none of though Massiah-Jackson was passed said, that none of us would have pre- us would have predicted that it would out of the committee, the investigation dicted that it would take 21 months to be more than 21 months before that continued and ultimately we find a get this nomination before the Senate. nomination was considered by the supernumber of people, very qualified I know that we would not even be here United States Senate. people, people in that area who have a now if the distinguished Senator from I thank the Majority Leader and the lot to do with law and justice are now Utah and the distinguished majority Chairman of the Judiciary Committee opposed to that nomination. We cannot leader had not made the commitment for fulfilling the commitment made ignore that. But that is the way the before we broke last fall to proceed to late last year to turn to this nomina- system works. We have had judges this nomination this week. tion before the February recess. Fair- withdraw after we have approved them I have spoken about this nomination ness to the people and litigants in the in the Judiciary Committee because so many times I have almost lost track Central District of California and to something has come up to disturb their of the number. I will not speak as long Margaret Morrow and her family de- nomination. as I would otherwise today because I mand no less. That is the way it should work. This want to yield to the Senator from Cali- I trust that those who credit local is not a numbers game. These are fornia. But I think people should know law enforcement and local prosecutors among the most important nomina- that for some time there was an unex- and local judges from time to time as tions that any President can make and plained hold on this outstanding nomi- it suits them will credit the views of that the Senate can ever work on. In nee. This is a nominee, incidentally, the many California judges and local the case of Margaret Morrow, I person- who was reported out of the Judiciary officials who have written to the Sen- ally have examined the whole record, Committee twice. This is a nominee ate over the last several months in sup- and, like I say, maybe people on our who is the first woman to be the presi- port of the confirmation of Margaret side would not have appointed her if dent of the California State Bar Asso- Morrow. I will cite just a few examples:

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S643 Los Angeles County Sheriff Sherman ing the longest, 12 were women and mi- By letter dated February 4, 1998, a Block; Orange County District Attor- nority nominees. I did not know, until number of organizations including the ney Michael R. Capizzi; former U.S. At- Senator KENNEDY’s statement to the Alliance for Justice, the Leadership torney and former head of the DEA Senate earlier this year, that judicial Conference on Civil Rights and wom- under President Bush, Robert C. Bon- nominees who are women are now four en’s lawyer associations from Cali- ner; former Reagan Assistant Attorney times as likely as men to take over a fornia likewise wrote urging confirma- General of the Criminal Division and year to confirm. tion of Margaret Morrow without fur- former Associate Attorney General and At the same time, I note that Sen- ther delay. I ask that a copy of that current Ninth Circuit Judge Stephen S. ator HATCH, who supports this nomina- letter be included in the RECORD at this Trott; and California Court of Appeals tion, included two women whose nomi- point. Associate Justice H. Walter Croskey. nations have been pending for more There being no objection, the letter I deeply regret that confirmation as than a year and one-half, at last week’s was ordered to be printed in the Judiciary Committee hearing. I also a Federal Judge is becoming more like RECORD, as follows: a political campaign for these nomi- note that the Senate did vote last month to confirm Judge Ann Aiken to FEBRUARY 4, 1998. nees. They are being required to gather Senator PATRICK LEAHY, letters of support and urge their the Oregon District Court. So one of Russell Senate Office Building, friends, colleagues and clients to sup- the four article III judges confirmed so Washington, DC. port their candidacy or risk being far this year was a woman nominee. DEAR SENATOR LEAHY: We write to express mischaracterized by those who do not Margaret Morrow has devoted her ca- our concern over a series of developments know them. reer to the law, to getting women in- that continue to unfold in the Senate that Margaret Morrow’s background, volved in the practice of law and to are undermining the judicial confirmation making lawyers more responsive and process. These include calls for the impeach- training, temperament, character and ment of judges, a slowdown in the pace of skills are beyond reproach. She is a responsible. Her good work in this re- gard should not be punished but com- confirmations, unjustified criticisms of cer- partner in the law firm of Arnold & tain nominees, and efforts to leave appellate Porter. She has practiced law for 24 mended. As part of those efforts Margaret vacancies unfilled. Some court observers years. A distinguished graduate of have opined that collectively these are the Morrow gave a speech at a Women in Bryn Mawr College and Harvard Law most serious efforts to curtail judicial inde- the Law Conference in April 1994. That School, Ms. Morrow was the first pendence since President Roosevelt’s plan to speech was later reprinted in a law re- woman President of the California pack the Supreme Court in 1937. view. Critics have seized upon a phrase State Bar Association and a former In the past year nominees who failed to or two from that speech, ripped them meet certain ultraconservative litmus tests president of the Los Angeles County out of context and contended that they have been labeled ‘‘judicial activists.’’ While Bar Association. She has had the show Margaret Morrow would be an un- these charges are unfounded, they nonethe- strong and unwavering support of Sen- principled judicial activist. They are less delay confirmations and leave judicial ator BOXER and Senator FEINSTEIN of wrong. Their argument was refuted by seats unfilled. We note that of the 14 individ- uals whose nominations have been pending California. Ms. Morrow in her testimony before In light of her qualifications, it was the longest, 12 are women or minorities. This the Judiciary Committee. disturbing pattern is in striking contrast to no surprise that in 1996 she was unani- This criticism merely demonstrates mously reported by the Senate Judici- those 14 judges who were confirmed in 1997 in the critics own indifference to the set- the shortest period of time, 11 of whom are ary Committee. In 1997 her nomination ting and context of the speech and its white men. For example, Margaret Morrow, was again reported favorably, this time meaning for women who have worked a judicial nominee to the United States Dis- by a vote of 13 to 5. so hard to achieve success in the legal trict Court for the Central District of Cali- Yet hers has been an arduous journey profession. Her speech was about how fornia, was nominated more than a year and to Senate consideration. She has been the bar is begrudgingly adjusting to a half ago. Not only is she an outstanding targeted—targeted by extremists out- women in the legal profession. How candidate, but her credentials have earned her enthusiastic and bipartisan endorse- side the Senate whose $1.4 million telling that critics would fasten on fundraising and lobbying campaign ments from leaders of the bar, judges, politi- that particular speech on women in the cians, and civic groups. against judges needed a victim. As our law and see it as something to criti- debate will show today, they chose the An honors graduate from Harvard Law cize. School, a civil litigator for more than 20 wrong woman. Margaret Morrow spoke then about years, winner of numerous legal awards, and Lest someone accuse us of gratu- ‘‘the struggles and successes’’ of the first female president of the California itously injecting gender into this de- women practices law and ‘‘the chal- Bar Association, Morrow has the breadth of bate, I note the following: Her critics lenges which continue to face us day to background and experience to make her an have gone so far as to deny her the day in the 1990s.’’ Margaret Morrow has excellent judge, and in the words of one of courtesy of referring to her as Ms. Mor- met every challenge. In the course of her sponsors, she would be ‘‘an exceptionally distinguished addition to the federal bench.’’ row. Instead, they went out of their this confirmation, she has been forced way repeatedly to refer to her as Morrow has also shown, through her numer- to run a gauntlet. She has endured ous pro bono activities, a demonstrated com- ‘‘Miss’’ in a Washington Times op ed. false charges and unfounded criticism. mitment to equal justice. As president of the Margaret Morrow is married to a dis- Her demeanor and dignity have never Los Angeles County Bar Association, she tinguished California State Court wavered. She has, again, been called created the Pro Bono Council, the first of its Judge and is the proud mother of a 10- upon to be a role model. kind in California. During her year as bar year-old son. It is bad enough that her The President of the Woman Lawyers president, the Council coordinated the provi- words are taken out of context, her Association of Los Angeles, the Presi- sion of 150,000 hours of previously untapped views misrepresented and her nomina- dent of the Women’s Legal Defense representation to indigent clients through- tion used as a ideological prop. She is Fund, the President of the Los Angeles out the county. Not surprisingly, the Amer- ican Bar Association’s judicial evaluation entitled to be treated with respect. County Bar Association, the President committee gave her its highest rating. Nor was this reference inadvertent. of the National Conference of Women’s Republicans and Democrats alike speak The first point of criticism in that Bar Association and other distin- highly of her accomplishments and qualifica- piece was her membership in California guished attorneys from the Los Ange- tions. Robert Bonner, a Reagan-appointed Women Lawyers, which is criticized for les area have all written the Senate in U.S. Attorney and U.S. District Judge for supporting parental leave legislation. support of the nomination of Margaret the Central District of California and head of Senator FEINSTEIN posed the question Morrow. They wrote that: ‘‘Margaret the Drug Enforcement Administration dur- whether Margaret Morrow was held to Morrow is widely respected by attor- ing the Bush Administration, has said Mor- a different standard than men nomi- neys, judges and community leaders of row is a ‘‘brilliant person with a first-rate nees. That is a question that has trou- legal mind who was nominated upon merit, both parties.’’ She ‘‘is exactly the kind not political affiliation.’’ Los Angeles Coun- bled me throughout this process. I was of person who should be appointed to ty Sheriff Sherman Block wrote that, ‘‘Mar- likewise concerned to see that of the 14 such a position and held up as an exam- garet Morrow is an extremely hard working nominees left pending at the end of last ple to young women across the coun- individual of impeccable character and in- year whose nominations had been pend- try.’’ I could not agree more. tegrity. . . . I have no doubt that she would

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S644 CONGRESSIONAL RECORD — SENATE February 11, 1998 be a distinguished addition to the Court.’’ Marin County Women Lawyers: Eileen HATCH together, and I say this from the Other supporters include local bar leaders; Barker, President. bottom of my heart, without the two of officials from both parties, including Los An- Mexican American Legal Defense & Edu- you looking fairly at this nomination, geles Mayor Richard Riordan; California cational Fund: Antonia Hernandez, Execu- this day would never have come. judges appointed by the state’s last three tive Director. governors; and three Republican-appointed Monterey County Women Lawyers: Karen To me it is, in a way, a moving mo- Ninth Circuit Court of Appeals judges, Pam- Kardushin, Affiliate Governor. ment. So often we stand on the floor ela Rymer, Cynthia Holcomb Hall, and Ste- NAACP: Hilary Shelton, Deputy Director, and we talk about delays and so on and phen Trott. Washington Office. so forth. But when you put the human Despite here outstanding record, Morrow National Bar Association: Randy K. Jones, face on this issue and you have a has become the target of a coordinated effort President. woman and her husband and her son by ultraconservative groups that seek to po- National Center for Youth Law: John F. and a law firm that was so excited O’Toole, Director. liticize the judiciary. They have subjected about this nominee, and you add to her to a campaign of misrepresentations, dis- National Conference of Women Bar Asso- tortions and attacks on her record, branding ciations: Phillis C. Solomon, President. that 2 years of twisting in the wind and her a ‘‘judicial activist.’’ According to her National Council of Senior Citizens: Steve not knowing whether this day would opponents, she deserves to be targeted be- Protulis, Executive Director. ever come, you have to say that today cause ‘‘she is a member of California Women National Employment Lawyers Associa- is a wonderful day. Lawyers,’’ an absurd charge given that this tion: Terisa E. Chaw, Executive Director. So, before my colleague leaves, I bipartisan organization is among the most National Gay & Lesbian Task Force: Re- wanted to say to him: Thank you for highly respected in the state. Another becca Issacs, Public Policy Director. National Lawyers Guild: Karen Jo Koonan, being there for Margaret Morrow and, ‘‘strike’’ against her is her concern, ex- frankly, all of the people of America. pressed in a sentence from a 1988 article, President. about special interest domination of the bal- National Legal Aid & Defender Associa- Because she will make an excellent lot initiative process in California. Her oppo- tion: Julie Clark, Executive Director. judge. nents view the statement as disdainful of National Organization for Women: Patricia Mr. LEAHY. Mr. President, I say to voter initiatives such as California’s term Ireland, President. my friend from California and to my limits law; however, they overlook the fact National Women’s Law Center: Marcia friend from Utah, I do appreciate their Greenberger and Nancy Duff Campbell, Co- that the article outlines a series of rec- help in this. I can assure you that, ommended reforms to preserve the process. presidents. Orange County Women Lawyers: Jean Ho- while my family and I will gather for It is a stretch to construe suggested reforms bart, President. the hanging of this portrait—I almost as evidence of ‘‘judicial activism,’’ but to People for the American Way Action Fund: blushed when you mentioned that is search for this members of the Judiciary Mike Lux, Senior Vice President. Committee unprecedentedly asked her to my reason for being off the floor—I can San Francisco Women Lawyers Alliance: disclose her personal positions on all 160 past assure you I will be back in plenty of Geraldine Rosen-Park, President. ballot propositions in California. time for the vote and I will have 210 Santa Barbara Women Lawyers: Renee Morrow’s confirmation has been delayed by Nordstrand, President. pounds of Vermonter standing in the the Senate beyond any reasonable bounds. Union of Needletrades, Industrial and Tex- well of the Senate to encourage every- Originally selected over nineteen months tile Employees: Ann Hoffman, Legislative body to vote the appropriate way. ago in May 1996, her nomination was unani- Director. Mrs. BOXER. I thank my colleague mously approved by the Judiciary Com- Women Lawyers Association of Los Ange- very much, Senator LEAHY. mittee that year, only to languish on the les: Greer C. Bosworth, President. The PRESIDING OFFICER. The Senate floor. Morrow was again nominated Women Lawyers of Alameda County: San- at the beginning of 1997, subjected to an un- Chair recognizes the Senator from dra Schweitzer, President. California. usual second hearing, and recommended Women Lawyers of Sacramento: Karen again by the Judiciary Committee, after Leaf, President. Mrs. BOXER. Mr. President, how which several Senators placed secret holds Women Lawyers of Santa Cruz: Lorie much time do I have remaining on this on her nomination, preventing a final vote Klein, President. side? on her confirmation. These holds, which pre- Women’s Legal Defense Fund: Judy The PRESIDING OFFICER. The Sen- vented a final vote on her confirmation dur- Lichtman, President. ator from California has 15 minutes. ing the 1st Session of the 105th Congress, Youth Law Center: Mark Soler, Executive The Senator from Utah has 30 minutes. where recently lifted. Director. As Senator Orrin Hatch repeatedly said: Mrs. BOXER. My understanding is I ‘‘playing politics with judges is unfair, and Mr. LEAHY. It is time. It is time to would have 15 minutes, then? I’m sick of it.’’ We agree with his sentiment. stop holding her hostage and help all The PRESIDING OFFICER. The Sen- Given Margaret Morrow’s impressive quali- Americans, and certainly those who ator is correct. fications, we urge you to bring the nomina- are within the district that this court Mrs. BOXER. I ask that the Presiding tion to the Senate floor, ensure that it re- will cover in California. It is time to Officer let me know when 10 minutes ceives prompt, full and fair consideration, help the cause of justice. It is time to has passed, and I will reserve 5 minutes and that a final vote on her nomination is improve the bench of the United in which to debate the Senator from scheduled as soon as possible. Sincerely, States. It is time to confirm this Missouri, because I know he is a tough Alliance for Justice: Nan Aron, President. woman. And it is time for the U.S. Sen- debater and I am going to need some American Jewish Congress: Phil Baum, Ex- ate to say we made a mistake in hold- time. ecutive Director. ing it up this long. Let us go forward. Mr. President, as I said, I am so very Americans for Democratic Action: Amy Mr. President, if the Senator from pleased that this day has come at long Isaacs, National Director. Utah has no objection, I would like last, that we will have an up-or-down Bazelon Center for Mental Health Law: now to yield, and yield control of what- vote on Margaret Morrow. I really Robert Bernstein, Executive Law. Brennan Center for Justice: E. Joshua ever time I might have, to the Senator think, standing here, perhaps the only Rosenkrantz, Executive Director. from California. people happier than I am right now are Black Women Lawyers Association of Los The PRESIDING OFFICER. The Sen- Margaret and her husband and her son Angeles: Eulanda Matthews, President. ator from California. and her law partners and the various California Women Lawyers: Grace E. Mrs. BOXER. I say to Senator LEAHY, citizens of California, Republicans and Emery, President. before he leaves the floor, and because Democrats, who worked together for Center for Law and Social Policy: Alan W. Hausman, Director. Senator HATCH in his absence explained this day. Chicago Committee for Civil Rights Under the wonderful tribute he is going to Margaret Morrow is the epitome of Law: Clyde E. Murphy, Executive Director. have shortly with his portrait being mainstream values and mainstream Disability Rights Education and Defense hung in the Agriculture room, and he America, and the depth and breadth of Fund, Patricia Wright, Coordinator Disabled himself said that he is so respectful of her support from prominent Repub- Fund. you and wants to show his respect so licans and Democrats illustrate that Families USA: Judy Waxman, Director of much that he is going to join you, so she is eminently qualified to sit as a Government Affairs. Lawyers Club of San Diego: Kathleen Juni- that will leave me here on the floor to Federal judge. I don’t think I could be per, Director. debate with the Senator from Mis- any more eloquent than Chairman Leadership Conference on Civil Rights: souri—before you leave the floor I HATCH and Ranking Member LEAHY, in Wade Henderson, Executive Director. wanted to say to you and to Senator putting forward her credentials.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S645 What I am going to do later is just came up here on one of the times that Ms. Morrow would be an excellent addition read from some of the many letters she was before the committee. to the Federal bench. She is dedicated to fol- that we got about Margaret, and then Over the years, Margaret has rep- lowing the law and applying it in a rational I, also, at that time, will have some resented a diverse group of business and objective fashion. letters printed in the RECORD. and Government clients, including Republican judges in the 9th Circuit, Again, I want to say to Senator some of the Nation’s largest and most Pamela Rymer and Cynthia Hall—they HATCH how his leadership has been ex- prominent companies. are both President Bush and President traordinary on this, and also I person- In the time I have remaining now, I Reagan’s appointees respectively—in a ally thank Majority Leader LOTT and want to quote from some very pres- letter to Senators HUTCHISON, COLLINS Democratic Leader DASCHLE for bring- tigious leaders from California, and and SNOWE, write: ing this to the floor and arranging for from the Senate, who have spoken out [We] urge your favorable action on the an agreement that this nominee be in behalf of Margaret Morrow. First we Morrow nomination because [we] believe brought to the floor. I thank my col- have Senator ORRIN HATCH. He spoke that she would be an exceptional federal league from Missouri for allowing an for Margaret himself, so I won’t go judge. up-or-down vote, for not launching a over that quote. Representative JAMES ROGAN, former filibuster on this matter. I think Chair- Robert Bonner, former U.S. attorney Republican Assembly majority leader man HATCH spoke of that eloquently, appointed by President Reagan, former in the California State Assembly, the and I am very pleased that we can have U.S. district court judge in the Central first Republican majority leader in al- this fair vote. District of California and former head most 30 years—actually he testified in I recommended Margaret Morrow to of the Drug Enforcement Administra- front of the Judiciary Committee and the President in September of 1995. She tion, appointed by President George said: was nominated by the President on Bush, he sent a letter to Senators When an individual asks me to make a rec- May 9, 1996. She received her first hear- BOND, D’AMATO, DOMENICI, SESSIONS ommendation for a judgeship, that is perhaps ing before the Judiciary Committee on and SPECTER. In it he says: the single most important thing I will study before making any recommendation . . . I am June 25, 1996, and was favorably re- The issue—the only real issue—is this: Is ported out unanimously by the com- absolutely convinced that . . . she would be Margaret Morrow likely to be an activist the type of judge who would follow the Con- mittee 2 days later. Because there was judge? My answer and the answer of other stitution and laws of the United States as no action, she was renominated again Californians who have unchallengeable Re- they were written. . . . [I]t is my belief . . . on January 7, 1997, and had her second publican credentials and who are and have that should she win approval from this com- hearing on March 18, 1997. This time been leaders of the bar and bench in Cali- mittee and from the full Senate, she would she was reported out favorably. This fornia, is an unqualified NO. . . . On a per- be a judge that we could all be proud of, both sonal note, I have known Margaret Morrow in California and throughout our land. time the vote was 13 to 5. for over twenty years. She was my former I want to make the point that there law partner. I can assure you that she will Mr. President, I ask unanimous con- is a personal side to this judicial nomi- not be a person who will act precipitously or sent to have printed in the RECORD a nation process. For nominees who are rashly in challenging the rule of law. list of people from all over California awaiting confirmation, their personal He continues: endorsing Margaret Morrow. and professional lives truly hang in the Based on her record, the collective knowl- There being no objection, the list was balance. Margaret Morrow, a 47-year- edge of so many Republicans of good reputa- ordered to be printed in the RECORD, as old mother and law partner has put her tion, and her commitment to the rule of law follows: and legal institutions, it is clear to me that life and her professional practice on REPUBLICAN SUPPORT FOR MARGARET M. Margaret will be a superb trial judge who hold while she waited for the Senate to MORROW vote on her nomination. Her whole will follow the law as articulated by the Con- stitution and legal precedent, and apply it to Robert C. Bonner, former U.S. Attorney family, particularly her husband and the facts before her. (appointed by President Reagan), former son, have waited patiently for this day. U.S. District Court Judge in the Central Dis- That is stress and that is strain, as you I think that this statement is quite trict of California and former Head of the wait for this decision which will so af- powerful. We have numbers of others as Drug Enforcement Administration (ap- fect your life and the life of your fam- well. In a letter to Senators ABRAHAM pointed by President Bush), Partner at Gib- ily and, of course, your career. and GORDON SMITH and PAT ROBERTS, son, Dunne and Crutcher in Los Angeles (2 Former Majority Leader Bob Dole Thomas Malcolm, who is chairman of letters). Governor Wilson’s Judicial Selection Thomas R. Malcolm, Chairman of Gov- spoke of this process himself when he ernor Wilson’s judicial selection committee once said, ‘‘We should not be holding Committee for Orange County and served on the Judicial Selection Com- for Orange County and previously served on people up. If we need a vote, vote them the judicial selection committees of Sen- down or vote them up, because the mittees of Senators Hayakawa, Wilson, ators Hayakawa, Wilson, and Seymour. nominees probably have plans to make and Seymour, wrote the following: Rep. James Rogan (R–27–CA), former As- and there are families involved.’’ I I have known Ms. Morrow for approxi- sembly Majority Leader, California State think Senator Dole said it straight mately 10 years. Over the years, she has con- Legislature, former gang murder prosecutor ahead. So I am really glad that stantly been the most outstanding leader our in the LA County District Attorney’s Office, California Bar Association has ever had the former Municipal Court Judge in California. Margaret’s day has come finally. privilege of her sitting as its President. . . . Pamela Rymer, Curcuit Court Judge, U.S. I do want to say to Margaret, thank Of the literally hundreds of nominations for Court of Appeals for the Ninth Circuit (2 let- you for hanging in there. Thank you appointment to the federal bench during my ters), appointed by President Bush. for not giving up. I well understand tenure on Senators Hayakawa, Wilson and Cynthia Holcomb Hall, Circuit Court that there were certain moments where Seymour’s Judicial Selection Committees, Judge, U.S. Court of Appeals for the Ninth you probably were tempted to do so. Ms. Morrow is by far one of the most impres- Circuit, appointed by President Reagan. There were days when you probably sive applicants I have ever seen. Lourdes Baird, District Court Judge, U.S. thought this day would never come. Mr. President, how much time do I District Court, Central District of California, have remaining—— appointed by President Bush. But you did hang in there, and you had H. Walter Croskey, Associate Justice, every reason to hang in there. The PRESIDING OFFICER. You have State of California Court of Appeal, Second This is a woman who graduated 71⁄2 minutes. Appellate District (2 letters), appointed by magna cum laude from Bryn Mawr Col- Mrs. BOXER. Remaining of my 10 Governor Deukmejian. lege and received her law degree from minutes? Richard J. Riordan, Major, City of Los An- Harvard, graduating cum laude, 23 The PRESIDING OFFICER. You have geles. years in private practice in business 3 minutes of your 10 minutes remain- Michael R. Capizzi, District Attorney, Or- and commercial litigation, a partner at ing. ange County. the prestigious law firm of Arnold and Mrs. BOXER. Thank you, Mr. Presi- Lod Cook, Chairman Emeritus, ARCO, Los Angeles. Porter. She is married to Judge Paul dent. In the 3 minutes remaining I am Clifford R. Anderson, Jr., supporter of the Boland of the Los Angeles Superior going to quote from some others. presidential campaigns for Presidents Nixon Court and has a 10-year-old son, Pat- Los Angeles Mayor, Richard Riordan, and Reagan, and former member of Governor rick Morrow Boland, who actually in a letter to Senator HATCH, said: Wilson’s judicial selection committee (when

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S646 CONGRESSIONAL RECORD — SENATE February 11, 1998 he was Senator) member of Governor Wil- Senate should be done in full view of yers in the ninth circuit, decide that son’s State judicial evaluation committee. the American people and that we the court is the best place to amend Sherman Block, Sheriff, County of Los An- should have the opportunity to discuss the Constitution? Does she think the geles. Roger W. Boren, Presiding Justice, State these issues, and then instead of having court is the best place to strike down of California Court of Appeal, Second Appel- these things voted on by unanimous the will of the people, to impose on the late District (2 letters), appointed by Gov- consent at the close of the business day people from the courts what could not ernor Wilson. with no record, I think it is important be generated by the representatives of Sheldon H. Sloan, former President of Los that we debate the nominee’s qualifica- the people in the legislature. Angeles County Bar Association. tions on the record. So, fundamentally, the question is Stephen Trott, Circuit Court Judge, U.S. I think it is important because the whether or not this candidate will re- Court of Appeals for the Ninth Circuit (2 let- judiciary is one-third of the Govern- spect the separation of powers, whether ters), appointed by President Reagan. Judith C. Chirlin, Judge, Superior Court of ment of the United States. The individ- this candidate will say the legislature Los Angeles County, appointed by Governor uals who populate the judiciary are is the place to make the law, and Deukmejian. lifetime appointments. whether she will recognize that courts Richard C. Neal, State of California Court The United States Constitution im- can only make decisions about the law. of Appeal, Second Appellate District, ap- poses a responsibility on the Senate to Will she acknowledge that the people pointed by Governors Deukmejian and Wil- be a quality screen, and it is the last have the right to make the law, too? son. screen before a person becomes a life- After all, that is what our Constitution Marvin R. Baxter, Associate Justice, time member of the judiciary. So we says, that all power and all authority Superme Court of California, appointed by need to do our best to make sure that Governor Deukmejian. is derived from the people, and they, Charles S. Vogel, Presiding Justice, State only high-quality individuals reach with their elected representatives, of California Court of Appeal, Second Appel- that level, individuals who have re- should have the opportunity to make late District, appointed by Governors spect for the Constitution, who appro- the law. Reagan and Wilson. priately understand that the role of the It is with these questions in mind Dale S. Fischer, Judge, Los Angeles Munic- courts is to decide disputes and not to that I look at some of the writings of ipal Court, appointed by Governor Wilson. expand the law or to somehow develop this candidate for a Federal judgeship, Richard D. Aldrich, Associate Justice, new constitutional rights. The legisla- and I come to the conclusion that she State of California Court of Appeal, Second Appellate District, appointed by Governors ture is the part of the body politic that believes that the court system and the Deukmejian and Wilson. is designed to make law. The courts are courts are the place where the law can Edward B. Huntington, Judge, Superior designed to settle disputes about the be made, especially if the people are Court of the State of California, San Diego, law. not smart enough or if the people appointed by Governor Wilson. It is against this background that I aren’t progressive enough or if the Con- Laurence H. Pretty, former President of am pleased to have the opportunity to stitution isn’t flexible enough. the Association of Business Trial Lawyers. debate the nomination of Margaret I can’t say for sure this is what would Mrs. BOXER. Mr. President, I want Morrow. happen. I have to be fair. I have to go to say to you again, I know you have Let me begin by saying that Ms. Mor- by what she has written. I will be at been very fair as I presented the case row is an outstanding lawyer. No one odds with the interpretation of some of to you, this is a woman that every sin- wants to challenge her credentials. No the things said by the committee gle Senator should be proud to support one believes that she is not a person of chairman. I respect the chairman, but I today. It is not a matter of political great intellect or a person of tremen- think that his interpretation of her party. This is a woman uniquely quali- dous experience. She is a person who writings is flawed. fied. I almost want to say, if Margaret has great capacity. It has been dem- In 1995, in a law review comment, Ms. Morrow cannot make it through, then, onstrated in her private life, her edu- Morrow seemed to endorse the practice my goodness, who could? I really think cational record and in her life of serv- of judicial activism, that is judge-made she brings those kinds of bipartisan ice as an officer of the California Bar law. She wrote: credentials. Association. For the law is, almost by definition, on the I reserve my 5 minutes and yield the The only reservations to be expressed cutting edge of social thought. It is a vehi- floor. about Ms. Morrow, and they are sub- cle— The PRESIDING OFFICER. Who stantial ones in my regard—they are Or a way— yields time? not about her talent, not about her ca- through which we ease the transition from The Senator from Missouri is recog- pacity, not about her integrity—they the rules which have always been to the nized. are about what her interpretation of rules which are to be. Mr. ASHCROFT. Mr. President, the role of a judge is; whether she She is saying that the law is the ve- thank you very much. I yield myself so thinks that the law as developed in the hicle, the thing that takes you from much time as I may consume, and I ask court system belongs on the cutting what was to what will be. I was a little that the Chair inform me when I have edge, whether she thinks that the law, puzzled when the committee chairman consumed 15 minutes. as developed in the court system, is an said that the committee found that she I thank you very much for allowing engine of social change and that the didn’t mean the substantive as ex- me to participate in this debate. It is courts should drive the Nation in a di- pressed in the courts and the like. Let appropriate that we bring to the floor rection of a different culture and a di- me just say I don’t believe the com- nominees who are well known to the rection of recognizing new rights that mittee made any such findings. I have committee for debate by the full Sen- weren’t recognized or placed in the checked with committee staff, and it is ate. I commend the chairman of the Constitution, and that needed to be in- just not the case that the committee committee for bringing this nomina- vented or developed or brought into ex- made findings. tion to the floor. I have no objection to istence by individuals who populate the It is true that a majority of the these nominations coming to the floor courts. That, I think, is the major members of the committee voted this and no objection to voting on these question we have before us. candidate to the floor, but the com- nominees. I only objected to this nomi- So let me just say again, this is an mittee didn’t make findings that this nee coming to the floor to be approved outstanding person of intellect, from was not a statement of judicial activ- by unanimous consent because I think everything I can understand a person ism. Frankly, I think it is a statement we deserve the opportunity to debate of great integrity, a person whose of judicial activism, despite the fact these nominees, to discuss them and to record of service is laudable and com- that Ms. Morrow told the committee have votes on them. mendable. The only question I have is, that she was not speaking about the So many people who are not familiar does she have the right view of the law in any substantive way, but rather with the process of the Senate may Constitution, the right view of what was referring to the legal profession think that when a Senator says that he courts are supposed to do, or will she and the rules governing the profession. wants to have a debate that he is try- be someone who goes to the bench and, The law, by definition, is on the cut- ing to delay. I believe the work of the unfortunately, like so many other law- ting edge of social thought? Social

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Ms. Morrow was the president of the arena, that is, when it comes to inter- If she meant that the legal profession California State bar in 1993 and 1994, preting the law and expanding the Con- is a vehicle through which we ease the one of the things for which she is to be stitution, she is very clear about her transition from the rules which always applauded. She was first woman elected disrespect for legislation enacted by have been to the rules which are to be, president of the bar. But according to the people. that doesn’t make sense. Clearly she is press reports, her first bar convention In 1988, she wrote an article and referring to something other than the as president was ‘‘marked by only one smugly criticized the ballot initiative legal profession or the rules of profes- big issue: gun control.’’ Even U.S. At- as used by the citizens of California. sional conduct. torney Janet Reno traveled all the way Here is what she wrote in that article: Some have suggested that because to the San Diego convention to exhort The fact that initiatives are presented to a Ms. Morrow initially made these re- attendees to work against Americans’ ‘‘legislature’’ of 20 million people renders marks at a 1994 Conference on Women ephemeral any real hope of intelligent vot- ‘‘love affair with guns.’’ ing by a majority. and the Law, that it is plausible that And although a 1990 U.S. Supreme What she is saying, in other words, is she was referring to the profession and Court decision prohibited the Cali- that whenever the people get involved, not to the substantive law. But I think fornia bar from using dues for political decisions will not be intelligent. She it is more likely that her statement re- activities and specifically listed advo- suggests that the courts are going to flects a belief that the law can and cacy of gun control legislation as an have to step in and do the right thing, should be used by those who interpret example, Ms. Morrow said the bar what they know to be better than what it to change social norms, inside and should consider the Court’s ruling, ‘‘as- the people have said, and take over. I outside of the legal profession. sess the risks, and then do what is think a lot of Americans would be con- Truly, that is a definition of activ- right.’’ So looking into the face of a Supreme cerned if the courts simply took over. ism, the ability of judges to impose on By the way, I noted there was a sub- Court decision of the United States, the culture those things which they stantial list of letters that were sent to Ms. Morrow said, ‘‘Yeah, we should fig- prefer rather than have the culture ini- the desk on behalf of individuals that ure out what we think is right and as- tiate through their elected representa- endorsed Ms. Morrow. tives those things which the culture sess the risks,’’ I suppose of getting I ask unanimous consent that the list prefers. caught and what the consequences assembled by the Judicial Selection Frankly, if it is a question of a few in would be, ‘‘and then just basically do Monitoring Project be printed in the what we think is right.’’ the judiciary defining what the values RECORD. It lists more than 180 different of the many are in the culture, I think I think if we are going to ask some- grassroots organizations, from the that is antidemocratic. I really believe one to undertake the responsibility of American Association for Small Prop- that the virtue of America is that the administering justice in the Federal ju- erty Ownership to the Independent many impose their will on the Govern- dicial system, we have to expect them Women’s Forum to the Women for Re- ment, not that the few in Government to accord the Constitution of the sponsible Legislation, that oppose this impose their will on the many. United States respect. We have to ex- nomination. Reasonable people can disagree on pect them to accord the rulings of the There being no objection, the list was the proper interpretation of Ms. Mor- Supreme Court of the United States re- ordered to be printed in the RECORD, as row’s statement. Others can argue spect, and to assess the risks and do follows: about whether or not hastening social what is right is not a philosophy. JUDICIAL SELECTION change is a proper role for judges in the Frankly, one does not need to assess MONITORING PROJECT, courts. But I think it is fair to con- the risks if one is going to do what is Washington, DC, October 29, 1997. clude that Ms. Morrow’s comments right. If you are going to do what is Hon. John Ashcroft, were an endorsement of judicial activ- right, there are no risks. Rather than U.S. Senate, ism. imply that the Court’s prohibition on Washington, DC. using bar dues for political purposes DEAR SENATOR ASHCROFT: We strongly op- In 1993, Ms. Morrow gave another pose the nomination of Margaret Morrow to speech that suggested approval of judi- may be somehow circumvented or dis- the U.S. District Court for one or more of the cial activism, quoting William Bren- regarded, Ms. Morrow could have stat- following reasons. nan, an evangelist of judicial activism. ed her clear intention to respect the First, her activities and writings reveal ag- Morrow stated: Court’s decision and to urge her mem- gressive advocacy of liberal political causes Justice can only endure and flourish if law bership to do the same. and the view that courts and the law can be and legal institutions are ‘‘engines of social Ms. Morrow not only has indicated used to effect political and social change. change’’ able to accommodate evolving pat- her willingness to use the law ‘‘on the This combination foretells liberals judicial activism on the bench. She wants bar asso- terns of life and social interaction in this cutting edge’’ and to use the law, the decade. ciation to take ‘‘a strong active voice’’ on legal profession and the courts to political issues and has written that the law She said these remarks were not an change the rules whereby people live is ‘‘on the cutting edge of social thought’’ endorsement of activism. She told the and to make law and not just interpret and ‘‘the vehicle through which we ease the Judiciary Committee the subject of the law or decide disputes, she has argued transition from the rules which have been to comments was, once again, not the law that when the people get involved in the rules which are to be.’’ She opposes any but the legal profession and the Cali- making the law, the result is dubious restrictions on blatantly political litigation fornia State Bar Association. by the Legal Services Corporation. and should be called into question and Second, as Senator Charles Grassley has To say that both law and legal insti- into doubt. said, Morrow’s ‘‘judgment and candor are tutions are engines of social change I The PRESIDING OFFICER. The Sen- under a great deal of question.’’ Morrow think begs the question of whether you ator has used 15 minutes. twice withheld nearly 40 articles, reports, are just talking about the State bar as- Mr. ASHCROFT. I allocate myself and speeches from the Senate Judiciary sociation. In this statement, Ms. Mor- such further time as I may consume in Committee, including those clearly reflect- row refers specifically to the law and making this next point. ing her activist approach to the law. She re- legal institutions. Ms. Morrow’s words Mr. President, Ms. Morrow’s sup- fused to answer Senators’ legitimate ques- were a call for activism to those who porters argue that her comments about tions following her hearing, and eventually judicial activism are taken out of con- provided answers that Senator Grassley administer the law. called ‘‘false and misleading.’’ Again, the committee chairman indi- text or misinterpreted, but I don’t be- Finally, and perhaps most important, cated that the committee found that lieve that they are. Her supporters will Americans now know what Morrow’s whole- she was referring to those things she have a harder time explaining away sale condemnation of direct democracy will

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S648 CONGRESSIONAL RECORD — SENATE February 11, 1998 mean if she becomes a federal judge. She has Environmental Conservation Organization Pennsylvanians For Human Life written that ‘‘any real hope of intelligent Evergreen Freedom Foundation ‘‘Perspectives Talk Radio’’—Hosted by voting’’ by the people on ballot measures is Family Foundation (KY) (The) Brian Hyde (KDXU) only ‘‘ephemeral.’’ On October 8, the U.S. Family Foundation (VA) (The) Philadelphia Family Policy Council Court of Appeals in California implemented Family Friendly Libraries Pro-Life Action League that same view and swept aside an initiative Family Institute of Connecticut Public Interest Institute enacted by Californians because two judges Family Life Radio—Micky Grace (KFLT, Putting Liberty First thought the voters did not understand what Phoenix) ‘‘Radio Liberty’’ they were doing. It is clear that Morrow will Family Policy Center (MO) Religious Freedom Coalition be yet another judge more than willing to Family Research Council Resource Education Network substitute her own elitist judgments for the Family Research Institute of Wisconsin Resource Institute of Oklahoma will of the people. Family Taxpayer’s Network (IL) Right to Life of Greater Cincinnati, Inc. A nominee who believes the courts can be Family Taxpayers Foundation Safe Streets Alliance used to enact liberal political an social pol- First Principles, Inc. Save America’s Youth Seniors Coalition (The) icy, whose ‘‘judgment and candor are under a Focus on the Family Sixty (60) Plus Association great deal of question,’’ and who will under- Freedom Foundation (The) Frontiers of Freedom Small Business Survival Committee mine democracy has no place on the federal South Carolina Policy Education Founda- bench. Georgia Christian Coalition Georgia Sports Shooting Association tion Sincerely, South Dakota Family Policy Council Alabama Citizens for Truth Government Is Not God PAC Gun Owners of America ‘‘Stan Solomon Show’’ Alabama Family Alliance Strategic Policies Institute Gun Owners of South Carolina Alliance Defense Fund Take Back Arkansas, Inc. Heritage Caucus/Judicial Forum Alliance for American Talk USA Network Home School Legal Defense Association American Association of Christian Schools TEACH Michigan Education Fund Idaho Family Forum American Association for Small Property Texas Eagle Forum Ownership Illinois Citizens for Life Texas Public Policy Foundation American Center for Law and Justice—DC Illinois Family Institute Toward Tradition American Center for Law and Justice—Na- Impeach Federal Judge John T. Nixon Traditional Values Coalition tional Independence Institute U.S. Business and Industrial Council American Family Association Independent Women’s Forum Utah Coalition of Taxpayers American Family Association of KY Indiana Family Institute WallBuilders American Family Association of MI Individual Rights Foundation (Center for West Virginia Family Foundation American Family Association of MO Pop Cult) ‘‘What Washington Doesn’t Want You to American Family Association of NY Institute for Media Education (The) Know’’ Hosted by Jane Chastain American Family Association of TX Iowa Family Policy Center Wisconsin Information Network American Foundation (OH) ‘‘Janet Parshall’s America’’—WAVA FM Wisconsin State Sovereignty Coalition American Land Rights Association Judicial Selection Monitoring Project Women for Responsible Legislation Judicial Watch, Inc. American Policy Center Mr. ASHCROFT. I think the fact that American Pro-Constitutional Association Justice for Murder Victims American Rights Coalition Kansas Conservative Union these grassroots organizations oppose Americans for Choice in Education Kansas Eagle Forum this nomination reflects the fact that American for Decency Kansas Family Research Institute they distrust an individual who dis- Americans for Tax Reform Kansas Taxpayers Network trusts the people. Whenever you have California Coalition for Immigration Re- Landmark Legal Foundation someone moving into the Federal court form Law Enforcement Alliance of America system who expresses in advance the Lawyer’s Second Amendment Society, Inc. Catholic League for Religious and Civil fact that when people get involved in Rights League of American Families Center for Arizona Policy League of Catholic Voters (VA) government, it renders an intelligent Center for Individual Rights Legal Affairs Council result ephemeral or unlikely to take Center for New Black Leadership Liberty Counsel place, I think they have a right to be Christian Coalition Life Advocacy Alliance disconcerted and upset. Christian Coalition of California Life Coalition International She continued in her article: Life Decisions International Christian Coalition of IA Only a small minority of voters study their Christian Coalition of KS, Inc. Life Issues Institute, Inc. Madison Project (The) ballot pamphlet with any care, and only the Christian Exchange, Inc. minutest percentage takes time to read the Christian Home Educators of Kentucky ‘‘Mark Larson Show (The)’’—KPRZ San Diego proposed statutory language itself. Indeed, it Citizens Against Repressive Zoning seems too much to ask that they do, since Citizens Against Violent Crime Maryland Assoc. of Christian Schools Massachusetts Family Institute propositions are . . . difficult for a layperson Citizens for Better Government to understand. Citizens for Community Values Michigan Decency Action Council Citizens for Constitutional Property Michigan Family Forum Basically, this says that lawyers are Rights, Inc. ‘‘The Mike Farris Show’’ smart enough to understand these Citizens for Economically Responsible Minnesota Family Council things but ordinary people cannot and, Government Mississippi Family Council as a result, cannot make intelligent de- Citizens for Excellence in Education (TX) Morality Action Committee cisions. I have noted before that it is Nat’l Center for Constitutional Studies Citizens for Law & Order not a requirement to be a lawyer to be Citizens for Reform Nat’l Center for Public Policy Research Citizens for Responsible Government Nat’l Citizens Legal Network a Member of the Senate. Ordinary peo- Citizens United Nat’l Coalition for Protection of Children ple can run for the U.S. Senate. And Coalition Against Pornography & Families they do. You need only be 35 years old. Coalitions for America Nat’l Family Legal Foundation I have also noticed that, very fre- Colorado Coalition for Fair Competition Nat’l Institute of Family & Life Advocates quently, only a small minority of the Colorado for Family Values Nat’l Legal and Policy Center Senators have read, in the totality, the Colorado Term Limits Coalition Nat’l Legal Foundation (The) legislation which is before the Senate. Nat’l Parents’ Commission Concerned Women for America If you are going to say that laws are Concerned Women for America of Virginia Nat’l Rifle Association Legislative Action Committee NET-Political News Talk Network not effective and should not be re- Conservative Campaign Fund Nevada State Rifle & Pistol Association spected because they were not read Conservative Opportunity Society PAC New Hampshire Landowners Alliance thoroughly or not everybody who voted Constitutional Coalition New Hampshire Right to Life on them was a lawyer, that would be a Constituionalists Networking Center New Jersey Family Policy Council premise for disregarding any law Coral Ridge Ministries Northwest Legal Foundation passed in the United States. It would Council of Conservative Citizens Oklahoma Christian Coalition be a premise for saying that the laws of Defenders of Property Rights Oklahoma Family Policy Center Delaware Family Foundation Oklahomans for Children & Families the United States are not to be ac- Eagle Forum Organized Victims of Violent Crime corded deference by the courts. And Eagle Forum of Alabama Parents Rights Coalition sometimes I think that is the way the Eagle Forum, Inc. (FL) Pennsylvania Landowners Association courts look at them.

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They look at the laws that are en- Almost 41⁄2 years ago the Senate con- to be out there on the cutting edge, to acted by the Congress and they say, firmed, by unanimous consent, without be writing new laws, instead of decid- ‘‘Well, we’re going to have to expand a vote, Claudia Wilken to be a district ing controversies presented by applica- that. We’re going to have to change court judge in the Northern District of tion of old laws. that. They weren’t smart enough. The California. On the ninth circuit, no judge is re- representatives of the people weren’t She was asked about things like this versed more than judge Stephen smart enough. They didn’t know what before the Judiciary Committee. And Reinhardt, the renegade judge who in they were doing.’’ she stated, ‘‘A good judge applies the recent years has argued that the Con- Frankly, this distrust of democracy law, not her personal views, when she stitution protects an individual’s right is the kind of thing that provides the decides a case.’’ She said judges should to commit physician-assisted suicide. predicate for judicial activism where fashion broad, equitable relief ‘‘only Of course, he was reversed by the Su- individuals substitute their judgment where the Constitution or a statute’’ preme Court. He recently ruled that for the law of the Constitution, where requires. But she’s the judge who said school-administered drug tests for high courts substitute their preferences for that the term limits initiative passed school athletes violated the Constitu- the people’s will as expressed in the in California in 1990 was unconstitu- tion. His creation there of a new con- law. tional. Now, when the Federal Con- stitutional right again was reversed by This has been a particular problem stitution itself has term limits for the the U.S. Supreme Court. Finally, with the Ninth Circuit Court of Ap- President, you have to wonder if she is Reinhardt argued that farmers lack peals, which has been striking down not just trying to substitute her judg- standing to challenge the Endangered propositions approved by the voters of ment and displace the judgment of the Species Act because they have an eco- Californians right and left. people of California. nomic interest in doing so. This deci- Proposition 140. A three-judge panel Last April, Judge Wilken ruled that sion also was reversed by the Supreme affirmed a decision by Judge Wilkin, a the term limits initiative, which was Court. And just last week, Reinhardt Clinton appointee, to throw out term passed by the voters in the State, and reversed a lower court decision and limits for State legislators. The ninth approved by the California Supreme held employers are prevented by the circuit en banc reversed and upheld the Court—violated the Constitution. The Constitution from conducting genetic constitutionality of the initiative. new law, Judge Wilken held, was unfair tests as part of their employees’ rou- Here you have it. The people of Cali- to those voters who wanted to support tine physicals—another new constitu- fornia decide they want term limits, a candidate with legislative experience. tional right found by an activist judge. and you have a Federal judge who I wonder if maybe she had been reading Judge Reinhardt seems to share the thinks, ‘‘Well, they don’t know what the material of the nominee in this arguments made by Ms. Morrow in her they’re doing. They’re just people. case. I wonder if she really believed article about initiatives. To Reinhardt, They aren’t lawyers. They didn’t read that ‘‘The fact that initiatives are pre- the Constitution is not a charter to be this carefully enough,’’ and it is set sented to a ‘legislature’ of 20 million interpreted strictly; rather, it is an aside. That is the attitude we cannot people renders ephemeral any real hope outline for creative judges to fill in the afford to replicate there. of intelligent voting by a majority.’’ blanks. Proposition 209. Judge Henderson The ninth circuit court of appeals, I think judges who believe that the struck down this prohibition of race which covers California, is the circuit Constitution is written in pencil and and gender preferences. People of in which these questions arose. Unfor- who think that the Bill of Rights is America do not want quotas and pref- tunately, it is the most active circuit written in disappearing ink are judges erences. They want to operate based on judicially. I think we have to be very that are out of control. We have to be merit. So the people of California did careful when we are appointing individ- careful we don’t put more individuals what the people should do when they uals to courts within that circuit that on the bench who have a disregard for want something in the law, they en- we do not find ourselves reinforcing the separation of powers and who do acted it through the constitutional this judicially active mentality. not understand that what the people do method of passing an initiative. Let us just take a look at what kind under the authority of the Constitu- But the judge, Federal judge, think- of legal environment they are in out tion is valid and must be respected. ing himself to be superior in wisdom to there. I see my colleague from the State of the voters—maybe the judge had been In 1997, the Supreme Court reversed Alabama has arrived and is prepared, I reading the article by Ms. Morrow that an astounding 27 out of 28 ninth circuit believe, to make remarks in this re- said, ‘‘The fact that initiatives are pre- decisions. spect. I want to thank him for his out- sented to a ‘legislature’ of 20 million In 1996, it was 10 out of 12 decisions standing work on the Judiciary Com- people renders ephemeral any real hope that were reversed. mittee. He takes his work very seri- of intelligent voting by a majority’’— In 1995, it was 14 out of 17. ously. He is a champion of the Con- struck down that initiative. It is obvious that the ninth circuit is stitution of the United States. He un- Proposition 187. This law denying out of control, filled with individuals derstands that the people are the certain public benefits to illegal aliens who believe that the people are to be source of power. He understands well was declared unconstitutional by an- disregarded, that the intelligence re- that judges are very important. It is other judge. sides solely in the court system. important that we have intelligent Proposition 208 was recently blocked Frankly, I think that is a troublesome judges, capable judges; but also, judges in its enforcement by Judge Karlton. problem. that respect the fact that they have a Over and over again in California we Here is what one of the judges on the limited function of resolving disputes. have had this problem caused by judges ninth circuit said, expressing pride in And in so doing they are not to amend who basically think that the initia- the fact that the court was frequently the Constitution or extend the law but tives of the people are not due the re- reversed. Chief Judge Procter Hug said to rely upon the legislature or the peo- spect to be accorded to enactments of in a recent interview: ple to do that whenever is necessary. the law. And when judges place them- We’re on the cutting edge of a lot of cases. I yield to the Senator from Alabama selves above the people, when judges Does the phrase ‘‘cutting edge’’ re- 10 minutes in which to make his re- elevate their own views to a point mind you of anything? Another one of marks in opposition to this nominee. where they are saying that they have a those quotes from Ms. Morrow. The PRESIDING OFFICER (Mr. legislative capacity to say what ought We’re on the cutting edge of a lot of cases. ABRAHAM). The Senator from Alabama to be the law rather than to resolve If a ruling creates a lot of heat, that’s why is recognized. disputes about the law, I think that is we have life tenure. Mr. SESSIONS. I spent 15 years in when we get into trouble. I really believe that life tenure is my professional career as a Federal Now, many confirmation decisions supported by the need for independ- prosecutor prosecuting full-time before will require Senators to anticipate ence, but it is not to be a license to Federal judges. I have had the pleasure what will happen. We cannot really take over the legislative responsibility of practicing before some of the finest know for sure what is going to happen. of Government. It is not to be a license judges in America. It is a thrill to have

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S650 CONGRESSIONAL RECORD — SENATE February 11, 1998 that opportunity, to have the oppor- At the time of her hearing, I found the practice of law, but at the same tunity to represent the United States that Ms. Morrow’s suspicion of initia- time her approach to law, because that of America in court and to utilize our tives particularly troubling because of is what her language includes. It would Constitution, our laws and our stat- two recent California initiatives, Prop- suggest to me that this is, in fact, the utes, and the logic that God gives us osition 187 and Proposition 209, the language of a judicial activist. the ability to utilize, to analyze dif- California civil rights initiative, both In a 1983 speech, she also made com- ficult problems. of which have been blocked by activist ments that suggest approval of judicial Many of us can disagree, but I do rise Federal judges in California. In fact, activism. In this speech, she quoted today in opposition to the nomination the judges in the ninth circuit have in- Justice William Brennan, the evan- of Margaret Morrow to the U.S. Dis- validated voter initiatives on tenuous gelist of judicial activism, stating: trict Court bench for the Central Dis- grounds since the early 1980s. These de- Justice can only endure and flourish if the trict of California. This is not an easy cisions demonstrate the enormous law and legal institutions are ‘‘engines of decision. These are not pleasant tasks power that a single sitting Federal dis- change’’ able to accommodate evolving pat- for those of us on the Judiciary Com- trict judge possesses to subvert the will terns of life and social interaction in this mittee and in this Senate to decide to of the people. Morrow’s criticism of decade. vote against a Presidential nomina- citizen initiatives reveals an elitist Obviously, using the law as an ‘‘en- tion. But if we believe in that and we mindset characteristic of activist gine of change’’ is the very definition are concerned about that, our responsi- judges who use the judiciary to impose of judicial activism and is fundamen- bility as Members of this body calls on their personal values onto the law. tally incompatible with democratic us to do so. Unfortunately, recent events have government. By all accounts, she is a fine lawyer left me even more concerned about her Mr. President, it is a serious matter and a good person. However, her disdain for the people’s will as ex- when the people, through their con- writings and speeches which span over pressed in voter initiatives. Late last tract with the Government and their a decade indicate that she views the year, the ninth circuit effectively en- Constitution, set forth plain restraints Federal judiciary as a means to shrined Ms. Morrow’s view of initia- on the power of the law, when the peo- achieve a social or political end. tives into ninth circuit law. In an opin- ple, through their legislators in Cali- This nomination is all the more im- ion striking down yet another voter fornia, or through their Congress in portant when one considers that Ms. initiative, term limits for California Washington, pass statutes requiring Morrow’s home State of California has State legislatures, the ninth circuit things to be done one way or the other, repeatedly been victimized recently by held that Federal courts must scruti- and when a judge, if they do not re- liberal and undemocratic Federal nize voter initiatives more closely than spect that law, feels like he or she can judges. Moreover, judicial activism has ‘‘ordinary legislative lawmaking.’’ reinterpret or redefine the meaning of plagued her judicial circuit, the ninth This ‘‘extra scrutiny’’ is necessary, ac- words in those documents in such a circuit, like no other circuit in the cording to the ninth circuit Judge Ste- way that would allow them to impose country. phen Reinhardt and Betty Fletcher, be- their view of the proper outcome under Consider for a moment how big a cause initiatives are not the product of the circumstances. That makes them a problem judicial activism is on the committee hearings and because ‘‘the judicial activist. I submit that these ninth circuit. In 1997, last year, the Su- public also generally lacks legal or leg- writings from her past indicate that preme Court reversed 27 out of 28 deci- islative expertise.’’ In the end, the tendency. sions rendered by the ninth circuit. In ninth circuit invalidated the term lim- Also, in 1983, the nominee strongly 1996, the Supreme Court reversed 10 out its initiative not because term limits criticized the Reagan administration’s of 12 ninth circuit decisions. That pat- are unconstitutional—because I submit efforts to restrict the Legal Services tern has been going on for decades. As to you they plainly are not unconstitu- Corporation from filing certain cat- a Federal prosecutor in Alabama, when tional—but because the two Federal egories of lawsuits. As many of you criminal defense lawyers file briefs and judges did not think the voters fully know, the Legal Services Corporation cite law to argue their opinion or to understood what they were voting for. grantees—they receive money from the suppress evidence or matters of that The ninth circuit does not need any Government—have repeatedly filed kind, they most frequently cited ninth more reinforcements in its war on the partisan suits in Federal courts to circuit opinions because those were the initiative process. The people of Cali- achieve political aims. For example, most liberal in the country on criminal fornia are rightly jealous of their ini- the Legal Services Corporation has re- law. Frankly, they were not given tiative process. They are frustrated peatedly sued to block welfare reform much credit around the country. Most that judges go out of their way to efforts in the States. Issues of public judges in the United States recognize strike down the decisions they reach policy simply are not properly decided that this circuit too often was out of by direct plebiscite. We don’t need to by litigation. The use of public tax dol- step with the rest of the country. send them another judge, another lead- lars to promote an ideological agenda There are a number of factors that er on that court who would support the through the Federal courts is not ac- cause me to oppose the confirmation of anti-initiative effort. ceptable. Ms. Morrow. Chief among the factors is Ms. Morrow’s distaste for voter ini- Of course, support for the historic her skepticism, if not outright hos- tiatives is not the only troubling as- mission of the Legal Services Corpora- tility, toward voter initiatives. In a pect of her record. For example, in a tion—helping the poor with real legal 1988 article, Morrow criticized Califor- 1995 law review comment, she wrote problems —is not the issue. What both- nia’s initiative process. In this article, what can be interpreted clearly to me ers me is Ms. Morrow’s opposition to she stated, really condescendingly, as a blatant approval of judicial activ- President Reagan’s attempt to these words, ‘‘The fact that initiatives ism: depoliticize the Legal Services Cor- are presented to a ‘legislature’ of 20 For the law is, almost by definition, on the poration and to direct it’s attention million people renders ephemeral any cutting edge of social thought. It is a vehicle fundamentally to its goal of helping real hope of intelligent voting by a ma- through which we ease the transition from the poor. But we had a very serious de- jority.’’ I suggest that that indicates a the rules which have always been to the bate in America and I think, for the lack of respect for that process and the rules which are to be. most part, it has been won; for the jealously guarded privilege of Cali- I know she has suggested a view of most part, Legal Services Corporation fornia voters to enact legislation by di- that language that would indicate that has been restrained. There are still rect action of the people. she meant something like the practice problems ongoing, but I hope we have She further criticized the initiative of law, rather than the rule of law. But made progress, despite the very strong process with this statement: ‘‘The pub- that’s not what she said and, in fact, opposition of Ms. Morrow in her lic, by contrast, cast its votes for ini- maybe she meant it to apply to both writings. tiatives on the basis of 30- and 60-sec- circumstances. In fact, I think that’s So Ms. Morrow’s intelligence, aca- ond advertisements which ignore or ob- the most accurate interpretation of it. demic record, and professional achieve- scure the substance of the measure.’’ She may well have been talking about ments are not in question. However,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S651 her writings, published over the last award, awarded to a lawyer dedicated Just to highlight a few of Margaret decade, provide a direct look at her to improving the legal profession and Morrow’s many supporters: view of the law. That view, I must con- the administration of justice. Los Angeles Mayor Richard Riordan, clude, indicates that Ms. Morrow would In 1995, she received the Bernard E. Republican; be yet another undemocratic, activist Witkins Amicus Curiae Award, pre- Los Angeles County Sheriff Sherman Federal judge. sented by the California Judicial Coun- Block, Republican; One last point must be made. Unlike cil to non-jurists who have nonetheless Orange County District Attorney Mi- other judicial nominees, Ms. Morrow made significant contributions to the chael Capizzi, Republican; has not previously been a judge. Con- California court system. Former DEA Head, U.S. District sequently, she does not have a lengthy In 1994, the Women Lawyers Associa- Judge, and U.S. Attorney, Robert Bon- judicial record for the Senate to re- tion in Los Angeles recognized Ms. ner, who was appointed to those posi- view. In this situation, we must rely on Morrow as most distinguished woman tions by Presidents Bush and Reagan; her private writings and speeches to lawyer with the Ernestine Stalhut Cynthia Holcomb Hall and Stephen determine her judicial philosophy. This Award. Trott, Reagan appointees to the Ninth is not an easy or certain task. We must She received the 1994 President’s Circuit Court of Appeals; and the list make judgments as to what is relevant Award from the California Association goes on and on. and probative and what is not. In this of Court-Appointed Special Advocates Perhaps most telling is the rec- situation, I have made such an inquiry for her service on behalf of abused, ne- ommendation of H. Walter Croskey. and have decided to oppose the con- glected, and dependent children. Judge Croskey is a Governor firmation of this very able attorney. In 1990, the Legal Aid Foundation of Deukmejian appointee to the appellate The Senate must fulfill its advise and Los Angeles presented her with the court of the State of California, and a consent responsibilities to ensure that Maynard Toll Award for her significant self-described life-long conservative federal judges respect their constitu- contribution to legal services for the Republican. tional role to interpret the law. Con- poor. She is the only woman to date Judge Croskey is well-acquainted sequently, I urge you to oppose this who has received this award. with Margaret Morrow’s reputation in nomination. Margaret Morrow’s excellent legal the legal community, having observed I yield the floor. skills have been consistently recog- her over a period of 15 years, when she Mrs. FEINSTEIN. Mr. President, I nized: appeared before him in both trial and She was listed in the 1997–1998 edition rise in support of the confirmation of appellate courts, and worked profes- of The Best Lawyers in America. Margaret Morrow to the Federal Dis- sionally on numerous State and local In 1995 and 1996, the Los Angeles trict for the Central District of Cali- bar activities. Business Journal’s ‘‘Law Who’s Who,’’ fornia. Based on his observations, this con- listed her among the one hundred out- Her consideration by the United servative Republican appellate jurist standing Los Angeles business attor- States is long overdue: concluded: neys. Ms. Morrow’s nomination has twice In 1994, she was listed as one of the She is the most outstanding candidate for been reported out by the Senate Judici- appointment to the Federal trial court who top 20 lawyers in Los Angeles by Cali- has been put forward in my memory. ary Committee, on which I have the fornia Law Business, a publication of Margaret Morrow is, by any measure, honor to serve; the Los Angeles Daily Journal. Both times she has enjoyed the pub- Margaret Morrow has held leadership an unusually accomplished member in lic support of the Chairman of the Ju- positions in Federal, State and county her profession, and I believe that her diciary Committee, Senator ORRIN bar associations and other legal organi- qualifications will serve her well as a HATCH; zations. member of the Federal judiciary. Both times the American Bar Asso- She served as the first woman Presi- I urge the Senate to swiftly confirm ciation voted unanimously to give her dent of the State Bar of California, a her nomination. its highest rating, ‘‘well qualified.’’ position she held from 1993 to 1994. Mr. KENNEDY. Mr. President. I rise Yet for nearly two years, Ms. Mor- Prior to that, she served as the State in strong support of Margaret Morrow row’s nomination has languished in the Bar’s Vice-President. to the U.S. District Court in Los Ange- Senate. From 1988–89, she served as President les. She is well-qualified to serve as a By way of background, Ms. Morrow of the Los Angeles County Bar Associa- federal judge, and she has already been graduated from Harvard Law School, tion, creating the Pro Bono Council waiting far too long for the vote she cum laude, in 1974. Prior to that, she and the Committee on the Status of deserves on her nomination. graduated from Bryn Mawr College, Minorities in the Profession during her Margaret Morrow was nominated in magna cum laude, in 1971. term. the last Congress in May 1996. Partisan Since 1996, she has been a partner in As President of the Barristers’ Sec- politics prevented action on her nomi- the Los Angeles office of Arnold & Por- tion of the Los Angeles County Bar, nation before the 1996 election, but ter, one of the nation’s preeminent cor- she established a nationally recognized even that excuse can’t be used to jus- porate law firms. Domestic Violence Counseling Project tify the Senate’s failure to act on her Prior to 1996, she helped form the Los as well as an AIDS hospice program. nomination in all of 1997. Angeles law firm of Quinn, Kully & She directed the American Bar Asso- Margaret Morrow is a partner in a Morrow in 1987, where she chaired the ciation’s Young Lawyers’ Division and prestigious California law firm, and the firm’s Appellate Department. served on its Standing Committee for first woman to serve as the president of Prior to 1987, she practiced for 13 Legal Aid for Indigent Defendants. the California Bar Association. She is a years at the Los Angeles firm of She has served on the boards of a well-respected attorney and a role Kadison, Pfaelzer, Woodard, Quinn, & number of legal services programs, and model for women in the legal profes- Rossi, where she attained the rank of has been a member of several Advisory sion. partner and handled a wide range of Committees of the California Judicial Her nomination has wide support. commercial litigation in the federal Council. The National Association of Women and state courts. The true test of Margaret Morrow’s Judges calls her ‘‘an extraordinary The legal profession has recognized qualifications to serve on the federal candidate for the federal bench, a true Ms. Morrow’s quality of work, commit- bench is the long list of attorneys, professional, without a personal or po- ment to the profession, and dedication judges, law enforcement personnel, and litical agenda, who would be a trust- to the broader community with a host community leaders who actively sup- worthy public servant of the highest of awards. port her nomination. caliber.’’ The National Women’s Law Among the many legal awards Ms. Indeed, the list of Margaret Morrow’s Center calls her ‘‘a leader and a path Morrow has received are the following: supporters reads like a ‘‘Who’s Who’’ of blazer among women lawyers.’’ In 1997, she received the Shattuck- California Republicans and Bush, She also has the support of many Price Memorial Award, the Los Ange- Reagan, Deukmejian, and Wilson ap- prominent Republicans, because of her les County Bar Association’s highest pointees. impressive qualifications for the bench.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S652 CONGRESSIONAL RECORD — SENATE February 11, 1998 Representative JAMES ROGAN says that are still valid today, and it remains an im- ballot descriptions and their adver- ‘‘she would be the type of judge who portant aspect of our democratic form of tising campaigns ought to be better, would follow the Constitution and the government. more instructive, more clearly written. laws of the United States as they were Does this sound like someone who is The thrust of that now-controversial written.’’ Richard Riordan, the Repub- anti-democratic? No objective evalua- article was that lawyers should con- lican Mayor of Los Angeles has stated tion of the record can yield the conclu- tribute their skills better to draft the that the residents of Los Angeles sion that she is anti-initiative. No fair measures so that once adopted they are ‘‘would be extraordinarily well-served reading of her 1988 article even sug- clear and controlling, so that they are by her appointment.’’ Robert Bonner, gests that. not followed by court challenges during who headed the Drug Enforcement Ad- After the November 1988 elections in which courts are faced with difficult ministration under President Bush, California, she was writing in the after- conflicts over how to interpret and im- says that Morrow is ‘‘a brilliant person math of five competing and conflicting plement the will of the people. with a first-rate legal mind.’’ ballot measures on the most recent We know how hard it is to write laws I hope we can move ahead today her California ballot. They had been placed in a way that they are binding and nomination. But I also want to express there by competing industry groups, leave little room for misinterpretation. my concern over a related issue—the the insurance industry and lawyers With all the staff and legislative coun- excessive difficulty that women judi- each had their favorites, and each sels, and legal counsels and specially- cial nominees are having in obtaining group spent large sums of money on po- trained legislative drafters and Con- litical advertising campaigns to try to Senate action or their confirmation. gressional Research Service and hear- persuade voters to back their version An unacceptable double standard is ings and vetting and comments from of car insurance restructuring. It was being applied, and it is long past time Executive Branch departments and chaotic and confusing for commenta- it stopped. highly-skilled and experienced and tors and voters alike. highly-paid lobbyists, Congress has a In this Republican Congress, women Rather than throw up her hands, nominated to the federal courts are Margaret Morrow wrote in a bar maga- difficult time writing plain English and four times—four times—more likely zine as President of a local bar associa- passing clear law. Were it not for the than men to be held up by the Repub- tion that lawyers could contribute administrative agencies and supple- lican Senate for more than a year. their skills to make the process more mental regulatory processes even more Women nominees may eventually be easily understood by those voters par- of our work product would be the tar- approved by the Judiciary Committee. ticipation is limited to reading the bal- get of legal actions by those who lost But too often their nominations lan- lot measures and descriptions and vot- the legislative battle over each con- guish mysteriously, and no one will ing. tested point. take responsibility for secretly holding Her concerns were not unlike those For those who preach unfettered alle- up their nominations. of our colleague from Arizona, who pro- giance to initiatives, I commend their The distinguished majority leader claimed last year that when the voters rhetoric but note that it does not ad- has rightly noted that the process of of Arizona adopted a state ballot meas- vance us. The questions in most of the confirming judges is time-consuming. ure to allow medical use of marijuana, subsequent legal challenges to voter- The Senate should take care to ensure they had been duped and deceived. In- passed ballot measures are either what that only individuals acceptable to deed, Senator KYL criticized that bal- does it mean or was it passed fairly. both the President and the Senate are lot initiative passed by the voters of Both those questions are premised on confirmed. The President and the Sen- Arizona during the last election and an acceptance of the will of the voters. ate do not always agree. But there is said: ‘‘I believe most of them were de- For example, the first challenge to no reason the process should take ceived, and deliberately so, by the the California term limits initiative longer for women than it does for men. sponsors of this proposition.’’ was not that in Federal court that re- It is time to end the delays and dou- Senator KYL proceeded at a Decem- sulted in the split opinion by a panel of ble standards that have marred the ber 2, 1996 Judiciary Committee hear- the Ninth Circuit that is later re- Senate’s role in the Advice and Con- ing to focus on the official description versed. No, the earlier challenge was in sent process. I urge my colleagues to of the proposition on the Arizona bal- the state courts and reached the Cali- support the nomination of Margaret lot as misleading. His approach was fornia Supreme Court. The California Morrow and to vote for her confirma- similar to what the majority did on the Supreme Court was required to deter- tion. 9th Circuit panel that initially held the mine, what did the ballot measure say, Mr. LEAHY. Mr. President, Senator California term limits initiative un- was it written to be a lifetime ban or a ASHCROFT feels strongly about the va- constitutional, but that does not make limit on the number of consecutive lidity of citizen initiatives. So do I. So Senator KYL a ‘‘liberal judicial activ- terms that could be served. does Margaret Morrow. As she ex- ist.’’ That was not an easy question given plained to the Committee when she tes- I also recall complaints from con- the poor drafting of the measure and tified and reiterated in response to servative quarters when the people of the official materials that described it written questions, she fully respects Houston reaffirmed their commitment to the voters. Indeed, the California and honors voters choice. to affirmative action in a ballot meas- Attorney General, a conservative Re- Ms. Morrow has explained to the ure last fall. They complained that the publican, argued that the measure Committee that she is not anti-initia- voters in Houston had been deceived by meant only to be a limit on the number tive in spite of what some would have the wording of the ballot measure. of consecutive terms. After three levels us believe. In response to written ques- There have been problems with cit- of state court proceedings and months tions, she discussed an article she izen initiatives and the campaigns that and months and hundreds of thousands wrote in 1988 and explained, in perti- they engender. But that problem is not of dollars in legal fees the case was de- nent part: with Margaret Morrow or her commit- cided by a split decision of the Cali- My goal was not to eliminate the need for ment to honor the will of the voters. fornia Supreme Court. initiatives. Rather, I was proposing ways to The problem is that they are being uti- The Federal challenge to the statute strengthen the initiative process by making lized in ever increasing number to cir- followed on the alternative ground that it more efficient and less costly, so that it cumvent the legislature and the peo- the voters were not clearly informed could better serve the purpose for which it ple’s will as expressed through their what the measure meant. This is only was originally intended. At the same time, I democratically-elected representatives. important for those who cherish the was suggesting measures to increase the They are no longer the town meeting will of the voter and want to protect Legislature’s willingness to address issues of democracy that we enjoy in New Eng- concern to ordinary citizens regardless of the against voter fraud. views of special interests or campaign con- land but the glitzy, Madison Avenue, On citizen initiatives, Margaret Mor- tributors. I do not believe these goals are in- poll-driven campaigns of big money row has told the Committee: consistent. and special interest politics. I support citizen initiatives, and believe ....The reasons that led Governor John- Margaret Morrow was right when she they are an important aspect of our demo- son to create the initiative process in 1911 pointed out that these measures, their cratic form of government. . . .

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S653 I believe the citizen initiative process is Mindful of the strictures of law, Mar- We write to inform you that Ms. Morrow did clearly constitutional. I also recognize and garet Morrow appointed a special com- not advocate that the State Bar take a posi- support the doctrine established in case law mittee of the Board of Governors to re- tion on gun control, and that the association that initiative measures are presumptively in fact did not take a position on the issue constitutional, and strongly agree with [the] view the resolutions that had been rec- during the 1993–1994 Board year. statement that initiative measures that are ommended at the conference. Based on The assertion that Ms. Morrow vowed to constitutional and properly drafted should the recommendations of that com- push gun control appears to emanate from not be overturned or enjoined by the courts. mittee, the Board of Governors of the an article that appeared in the National Law Contrary to the impression some are California State Bar did not take a Journal concerning the 1993 State Bar An- seeking to create about her views, she stand on gun control and did not even nual Meeting. At that meeting, the Con- adopt the resolutions passed at the ference of Delegates, which is comprised of told the Committee: representatives of voluntary bar associations In passing on the legality of initiative State conference. throughout California, passed two resolu- measures, judges should apply the law, not This is hardly a basis on which to op- tions that called upon the State Bar to study substitute their personal opinion of matters pose this outstanding nominee. First, the possible revision of laws relating to fire- of public policy for the opinion of the elec- she was not involved in the efforts by arms, and propose and support measures to torate. some to push gun control resolutions protect judges, court personnel, lawyers, I am disappointed to see that some through the State Bar, following the lawyers’ staffs and lawyers’ clients from have sought to make the nomination of horrific killings in the San Francisco gun-related violence. These resolutions were Margaret Morrow into a vote about law offices a few months before. Sec- passed in the wake of a shooting incident at guns; it is not. During two years of a prominent San Francisco law firm that ond, she was not installed as the Presi- took the lives of several of the firm’s lawyers consideration by the Judiciary Com- dent of the State Bar until the end of mittee and through two sets of hear- and employees. the conference. Third, the actions she At the time the Conference resolutions ings and waves of written questions, no took as President were essentially to were passed, Ms. Morrow had not yet as- one even asked Ms. Morrow about guns. make sure the Board of Governors un- sumed the office of President. When asked Nonetheless, some who have sought derstood the law and the limits on how the Board of Governors would respond to to find a reason to oppose Ms. Morrow what they could do. the resolutions, she told the National Law have fastened upon a few phrases taken Journal that she would ‘‘discuss Keller stric- So, in spite of the emotional plea by out of context from a National Law tures with the Board,’’ and also that she be- victims and the desires of certain ac- Journal article from October 1993 that lieved the bar ‘‘should act more like a cli- tivists, the California State Bar did not discussed the 67th California State Bar ent,...that is, get legal advice, ‘assess the adopt gun control resolutions in 1994 conference. This meeting followed the risks and then do what is right.’ ’’ Ms. Mor- and did not act to use mandatory dues row’s reference to ‘‘Keller strictures’’ was a July 1993 killings in the San Francisco for political activities. Far from dem- reference to the United States Supreme offices of the law firm of Pettit & Mar- Court’s decision in Keller v. State Bar. That tin. onstrating that she would be a judicial activist or is anti-gun, these facts show case held that the bar could not use manda- The National Law Journal’s report tory lawyers’ dues to support political or notes that the representatives of the how constrained Margaret Morrow was ideological causes. local voluntary bars considered 100- in making sure the law was followed On its face, therefore, the National Law plus resolutions for referral to the and everyone’s rights were respected. Journal article does not support the asser- State Bar’s Board of Governors. The I grew up hunting and fishing in the tion that Ms. Morrow ‘‘vowed to push a gun fact missed by those who are seeking Vermont outdoors and I enjoy using control resolution’’ through the State Bar. firearms on the range. I believe in the Rather, it reports that she vowed to discuss to criticize this nominee is that the legal restrictions on the bar’s ability to act State Bar took no anti-gun action. rights of all Americans to use and enjoy firearms if they so desire. I voted on such a resolution with other members of The National Journal report noted the Board. that the widow of one of the victims against the Brady bill and other uncon- Ms. Morrow’s actions in the months that pleaded at a reception that the conven- stitutional anti-gun proposals. I have followed the Annual Meeting further dem- tion ‘‘take action on gun control.’’ no reason to think that Margaret Mor- onstrate that she followed the law as it re- What has gone unrecognized is that in row will judicially impose burdens on lates to this subject. Consistent with usual spite of the emotional rhetoric at the gun ownership. State Bar procedure, the resolutions passed conference, the California State Bar I urge others to review the facts. I by the conference of Delegates were consid- ered by the Board of Governors. Because of took no such action. Instead, mindful am confident that they will come to the same conclusion that I have with the legal issues involved, Ms. Morrow ap- of the legal constraints on bar associa- pointed a special committee of the Board to tions and the United States Supreme respect to the nomination of Margaret review the resolutions and recommend a po- Court decision in Keller v. State Bar, Morrow and the lack of any basis to sition to the full Board. Based on the com- the conference scaled back anti-gun conclude that she is anti-gun. mittee’s recommendation, the Board did not resolutions. A resolution calling for a I ask unanimous consent that a Jan- adopt the resolutions passed by the Con- ban on semiautomatic handguns from uary 15, 1998 letter to Senator BOXER ference. Rather, it adopted a neutral resolu- the San Francisco delegation was re- signed by 11 members of the Board of tion that called on lawyers to ‘‘participate in worded as a safety measure for judges, Governors of the California State Bar the public dialogue on violence and its im- pact on the administration of justice,’’ and other court personnel and lawyers. A that year be printed in the RECORD. There being no objection, the letter suggested that the State Bar sponsor ‘‘neu- resolution from the Santa Clara dele- tral forums on violence and its impact on the gation was turned into a mere call for was ordered to be printed in the administration of justice.’’ The even-handed a study. RECORD, as follows: tone of the resolution was due, in large part, The Chairwoman of the conference JANUARY 15, 1998. to the belief of Ms. Morrow and others that was not Margaret Morrow but Pauline Re Margaret M. Morrow: Judicial nominee the Board should not violate Keller’s spirit Weaver of Oakland. Margaret Morrow for the Central District of California. or holding. Stated differently, Ms. Morrow was not installed as the new President Hon. BARBARA BOXER, and the Board followed the law, and avoided of the California State Bar until the U.S. Senate, Washington, DC. taking a stand in favor of or against gun DEAR SENATOR BOXER: We write concerning control. end. the nomination of Margaret M. Morrow to We hope these comments help set the Ms. Morrow told the National Law the United States District Court for the Cen- record straight with respect to Ms. Morrow’s Journal that the bar should act like a tral District of California. It has recently actions as President of the State Bar. client and do what is right by following come to our attention that various individ- Very truly yours, the legal advice of its lawyers. That is uals and/or groups have charged that Ms. Michael W. Case, what the California State Bar did Morrow ‘‘vowed to push a gun control resolu- Maurice L. Evans, under Margaret Morrow. In fact, and tion’’ through the State Bar of California Donald R. Fischbach, this is the key fact missed by those during the year she served as President of Edward B. Huntington, who seek to criticize Ms. Morrow, the that association. Richard J. Mathias, Each of us was a member of the State Bar James E. Towery, California State Bar followed the law Board of Governors during Ms. Morrow’s Glenda Veasey, as declared by the United States Su- year as President. We represent a broad spec- Hartley T. Hansen, preme Court and did not take action on trum of political views. We are Republicans John H. McGuckin, Jr., gun control. and Democrats, liberals and conservatives. Jay J. Plotkin, and

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S654 CONGRESSIONAL RECORD — SENATE February 11, 1998 Susan J. Troy. mental written questions to the nomi- Stripped of the rhetoric and hyper- Mr. LEAHY. Mr. President, I note nee on April 21, he acknowledged that bole, there is simply no basis to con- that Senators ASHCROFT and SESSIONS 160 initiatives have been on the ballot tend that this nominee mislead the have not challenged Ms. Morrow’s in California in the last 10 years and he Committee by her answer. This is no truthfulness before the Committee. At disavowed any interest whether or not basis to question her candor. Any pur- their press conference last fall an- the nominee voted on the initiatives ported ‘‘major misstatement of fact’’ is nouncing their opposition to her nomi- but asked for ‘‘comment’’ on a list of not that of this nominee but would be nation, they were careful to avoid such initiatives. of those who accuse her of a lack of personal attacks. Instead, they based Some have come to contend that the honesty or candor. their conclusions on her writings. I dis- portion of the answer about public sup- No fair and objective evaluation of agree with them and agree with those port or opposition to initiatives was the record can yield the conclusion who read those writings in context. ‘‘intentionally or unintentionally’’ not that she is anti-initiative. No fair read- That is a disagreement, we draw dif- truthful information. Their supposed ing of her statements suggests a basis ferent conclusions from the same ‘‘smoking gun’’ is a November 1988 ar- for any such assertion. words. That is understandable. ticle in the Los Angeles Lawyer maga- Mr. GRASSLEY addressed the Chair. What I do not understand is how any- zine. What this contention about dis- The PRESIDING OFFICER. The Sen- one can continue to repeat the claim honesty ignores is that the nominee ator from Iowa is recognized. that Ms. Morrow was not truthful with had previously furnished the Com- Mr. GRASSLEY. The Senator from the Committee. She was required to mittee with the November 1988 article Missouri said I could yield myself 10 answer more litmus test questions and and that article had been inquired minutes. was more forthcoming than any nomi- about at the March 18 hearing and in The PRESIDING OFFICER. Without nee I can remember. the follow up written questions. In objection, it is so ordered. Some have made the confirmation fact, the written questions that in- Mr. GRASSLEY. Mr. President, I process into an adversary process. Ms. cluded the ones at issue contained would like to make a few comments re- Morrow is not paranoid; someone has quotes from the article and questions garding the nomination of Margaret been out to get her. specifically about it. Thus, no one can Morrow. In this difficult context, in which the seriously contend that this article was Some of my colleagues on the other Morrow nomination was targeted by unknown to the Committee or that the side have attempted to argue that Ms. forces opposing the filling of judicial nominee had failed to disclose it. Morrow has been treated unfairly. This vacancies, charges against Ms. Mor- Equally important, and the reason I unsubstantiated argument is based row’s integrity and character remain suspect that the nominee did not refer partly on the questions she was asked out of line and unfounded. Unfortu- to the article in her written response in the Judiciary Committee. However, nately, I have heard repeated over the to the questions in issue, was that the all that some of us were trying to last day the charge that Ms. Morrow article was not relevant to these par- achieve in asking those questions was provided a false answer to a written ticular questions. Preceding questions to attempt to understand what Ms. question propounded at the Committee. had inquired about the meaning of the Morrow’s views were on a number of That is incorrect. article. The questions in issue ask important issues to the American peo- While I will not take the Senate’s about support or opposition for initia- ple. In particular, we’ve had a number time to refute all of the unfounded ar- tives and appear to inquire about such of Federal judges overturn popular ini- guments that have been used in opposi- support or opposition for initiatives in tiatives, in direct conflict with voters’ tion to this nomination, I do want to the course of their being considered by decisions. The last thing we need is an- clear up the record on this. This is a voters in California. other Federal judge that will defy what matter of honor and honesty. I do not By contrast, the article concerned the voters have decided. Ms. Morrow want the record left unchallenged measures that had already been acted has spoken against citizen initiatives should her son, Patrick, come to read upon by the voters of California, in- and has publicly opposed specific ballot it someday. cluding one that had been considered initiatives. So, we believed it was im- The written questions propounded two years previously. They were not portant to understand better what kind long after the Committee deadline fol- support for or opposition to these ini- of a judge she might be. lowing the March 18, 1997 hearing in- tiatives, as the nominee, or, for that Now, we’ve heard Margaret Morrow cluded the following: ‘‘Are there any matter as I, understood those ques- was reported out of the Judiciary Com- initiatives in California in the last dec- tions. They were commentary after the mittee in the last Congress without a ade which you have supported? If so, fact by way of comment upon the grow- problem. So, why is there a problem why? Are there any initiatives in Cali- ing resort to initiatives in California now? Well, I think to our credit, we on fornia in the last decade you have op- and ways lawyers might help to im- this side tried to give the President a posed? If so, why?″ prove the initiative process and the great deal of deference regarding his On April 4, the nominee responded in drafting and consideration of initia- nominees. But, as Senator HATCH and writing noting: tives as well as a call for the State leg- others have pointed out, the President I have not publicly supported or opposed islature to function more efficiently. has appointed a number of judges who any initiative measure in the past decade, Indeed, when the author of those have taken it upon themselves to try with one exception.’’ The nominee proceeded questions received the initial answer, to make the law, and have angered the in her answer to describe her participation he did not question that it was un- public in doing so. This record now de- as a member of the Los Angeles County Bar Association Board of Trustees in a unani- truthful or feign ignorance of the No- mands the kind of scrutiny Senator mous vote authorizing the Association to op- vember 1988 article. Instead, when he LEAHY advocated, which has been ab- pose a measure sponsored by Lyndon revised and resubmitted supplemental sent until the last couple of years or LaRouche concerning AIDS, a measure that questions he prefaced his revised ques- so. I’ve received a great deal of letters was also opposed by Governor Deukmejian tion by noting that he was aware of the from my State asking me to do a bet- and many others. nominee’s ‘‘public comments regarding ter job of scrutinizing nominees. I raised objection to these questions citizen initiatives.’’ Of course, after getting used to us at a meeting of the Committee on April Thus, no one can fairly believe that rubber-stamping nominees, I’m sure 17 because I saw them as asking how this nominee’s answer was incomplete it’s been quite a shock to see Repub- Ms. Morrow voted on the more than 150 or deceptive for having failed to in- licans borrowing from the Democrats’ initiatives that Californians had con- clude express reference to an article playbook and turning the tables. Over sidered over the last 10 years. Later, that was not advocating in favor or in the last year, I’ve heard irresponsible the Senator who submitted these ques- opposition to a pending initiative and and overheated rhetoric directed at Re- tions indicated that he did not intend about which the questioner had knowl- publicans regarding judicial nominees. to ask how the nominee voted and he edge, had already specifically inquired To suggest, as some misguided Mem- revised the questions. When he did, he and on which the questioner promptly bers have, that Ms. Morrow’s gender is resubmitted another set of supple- professed knowledge. a factor in our decision to ask her

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S655 questions, or even oppose her nomina- ability to enunciate her views in a statement of Justice Brennan, and tion, is both irresponsible and absurd. clear and concise manner, which we all they saying she pulled the quote from As others may have noted, we’ve proc- hope judges will do. If such conflicting some book, but hadn’t read the context essed around 50 women judicial nomi- messages are reflected in her writing as of the quote, and didn’t know what it nees for President Clinton, including a lawyer, her potential judicial opin- meant. Justice Ginsberg, and I’ve supported al- ions may be equally confusing. How This is a major misstatement of fact, most all of them. As a matter of fact, can citizens rely on writings of some- that was used as the basis for not re- the first nominee unanimously con- one who has a record of contradicting sponding to the committee. This is not firmed last year was a woman can- herself? what we expect from lifetime tenured didate, and we’ve already confirmed a But, on top of these shortcomings, judges. Mr. President, this is below the couple this year. It’s just absurd to Mr. President, there is a matter of standard we all demand. This is below think that any Senator makes his or more importance. Whether inten- the standard afforded most Americans her decision on a nominee based on tionally or not, Ms. Morrow has, unfor- in their dealings with the government. gender or race. tunately, provided false and misleading For these reasons Mr. President, I will Mr. President, I sent Ms. Morrow five information to the Judiciary Com- vote against the nominee. pages of questions in total. As a con- mittee. And, I believe the integrity of Mrs. BOXER addressed the Chair. trast, I sent Merrick Garland 25 pages the committee and the nomination The PRESIDING OFFICER. The Sen- of questions. So, 5 pages versus 24 process is at stake. ator from California. pages. And, we’re supposedly unfair to When asked her views on a number of Mrs. BOXER. I ask that I be able to Ms. Morrow. Figure that one out. initiatives, Ms. Morrow first responded speak for 5 minutes and retain the re- I must say though, it was easier get- by stating unequivocally, ‘‘I have not mainder of my time, and Senator ting Mr. Garland to respond to his 25 publicly supported or opposed any ini- HATCH would like to have his 5 minutes pages of 100 or so questions than it was tiative measure in the past decade with retained as well. My understanding is I to get Ms. Morrow to answer her 5 one exception.’’ And, then she men- have 10 minutes, he has 5 minutes, and pages. tioned a specific initiative from 1988 I will now use 5 minutes of my time. Mr. President, when a judicial nomi- sponsored by the extremist Democrat, The PRESIDING OFFICER. The Sen- nee, whether a man or a woman, writes Lyndon Larouche, that she opposed. ator from California is recognized. an article which is critical of demo- But, despite Ms. Morrow’s unequivo- Mrs. BOXER. I want to put in the cratic institutions like the citizen ini- cal denial, in 1988 it turns out she also RECORD an article from the Los Ange- tiative process, it is our duty as Sen- publicly attacked three other initia- les Lawyer, November 1988, that di- ators to learn the reasons for this. How tives that pitted the insurance indus- rectly refutes the remarks by the Sen- can a Senator reasonably give advice try against trial lawyers. Ms. Morrow ator from Iowa, Senator GRASSLEY, and consent without understanding a wrote, ‘‘Propositions 101, 104 and 106 who said that Ms. Morrow misled the potential judge’s position on such fun- were, plain and simple, an attack on committee and publicly took a stand damental issues? With the recent pro- lawyers and the legal system.’’ In 1988, on initiatives when clearly in this arti- pensity of Federal judges, especially in she went on to attack a 1986 propo- cle it is very obvious she wrote about California, to overturn Democratic ini- sition that would have reduced the sal- these after those initiatives were voted tiatives on shaky grounds. It’s impor- aries of public officials. She argued it on in all cases. I think it is very seri- tant that we not confirm another ac- would have ‘‘driven many qualified ous that the Senator from Iowa, who is tivist judge who is willing to substitute people out of public service.’’ Of course, my friend and we work on many issues his or her will for that of the voters. we hear that worn out argument every together, would misstate what oc- I recall during the Democrat-run con- time we debate our own pay raises. curred. firmation hearings of various Repub- Now, Ms. Morrow had stated, without So, Mr. President, at this time I lican nominees the issue of ‘‘confirma- question, that she had not taken any would place this article in the RECORD. tion conversion’’ was a recurrent public position on these initiatives She says she is commenting on initia- theme. whatsoever. And, after creating this tives that had appeared on the Novem- But, now the shoe is on the other foundation of sand, she used it to ber 8 ballot in one case. On the other foot. When Ms. Morrow answered writ- refuse to answer questions on her she commented on an initiative that ten and oral questions contradicting views. was voted on 2 years prior. So I ask her former beliefs on certain issues, I Well, the foundation crumbled after unanimous consent that be printed in became somewhat concerned. Several the chairman demanded responses, and the RECORD for starters. of my followup questions related to perhaps the nominee realized her mis- There being no objection, the mate- such ‘‘conversations.’’ Where there are information had been discovered. Only rial was ordered to be printed in the discrepancies, we have a duty to un- then did she finally provide more re- RECORD, as follows: cover the reasons why. sponsive answers to the questions. REFORMING THE INITIATIVE PROCESS—AN OP- But a more disturbing problem I have But, the fact remains that regardless PORTUNITY TO RESTORE RESPONSIBLE GOV- seen with Ms. Morrow’s writing is that, of whether there was an intention or ERNMENT TO CALIFORNIA on number of issues, she doesn’t say motive, false and misleading informa- (By Margaret M. Morrow) her views have changed. She says we tion was provided to the Judiciary We in California have this month con- are misreading her writing. In other Committee by the nominee, an experi- cluded the single most expensive and one of words, she doesn’t really mean what enced lawyer, who one would presume the most complicated initiative campaigns she appears to say. either knew, or should have known, in history. I refer, of course, to the battle In the 1988 article on citizen initia- what she was doing. If she indeed didn’t over Propositions 100, 101, 103, 104 and 106, tives, for example, Ms. Morrow writes realize what she was doing, then one the insurance and attorneys’ fees initiatives, in language that is highly critical of has to question her ability to be care- which appeared on the November 8 ballot. Much as we might like to dismiss these prop- the voters. She has recently responded ful with the details, which would re- ositions and the campaigns they spawned as that she ‘‘had not meant to be critical flect on her ability to function as a an aberration, we cannot do so. The cost and of citizen initiatives.’’ Yet, in her arti- Federal judge. tone of the campaigns, and the complexity of cle she goes so far as to state that Now, I’m sure that many of you are the measures involved, are simply the latest The fact that initiatives are presented to a unaware of this problem, so I’m bring- examples of a disturbing trend toward over- ‘‘legislature’’ of 20 million people renders ing it to your attention. Unfortu- use and abuse of the initiative process. ephemeral any real hope of intelligent vot- nately, some have tried to make the Much of the rhetoric in the recent cam- ing by a majority. feeble argument that these were just paign focused on lawyers, and much of the In her statement, Ms. Morrow was mistakes that should be overlooked. spending pro and con was done by lawyers. Insurance industry Propositions 101, 104 and basically saying that initiatives are in- Well, this isn’t a mistake of failing to 106 were, plain and simple, an attack on law- herently flawed, although now she is provide articles to the committee, yers and the legal system. They were not the translating it differently. So this raises which the nominee did. This isn’t a first such assault and they probably will not serious questions about Ms. Morrow’s mistake of quoting a controversial be the last. Self-interest alone, therefore,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S656 CONGRESSIONAL RECORD — SENATE February 11, 1998 may dictate that lawyers examine the initia- sor and promote a variety of initiatives. Requiring that the courts assume this role tive process to see if it is serving the purpose They do so to circumvent a legislative proc- is not good for the public image of the judici- intended by its creators. Our responsibility ess they cannot control or to create leverage ary or of the legal profession. Having passed as citizens compels us to do so as well, since they can use to manipulate that process an initiative, voters want to see it enacted. recent abuse of the initiative process is but more effectively. Personal popularity is en- They view a court challenge to its validity one symptom of a general malaise in govern- hanced, too, when one lends one’s name to a as interference with the public will, and ment in this state. successful ballot proposition. blame the lawyers and judges who control The right of initiative was placed in the SPIRALING COSTS the legal process for thwarting the public’s California Constitution in 1911, as part of a This increased use of the initiative has directive. series of reforms championed by populist fundamentally changed the nature of the * * * * * Governor Hiram Johnson. Johnson believed right. Spiraling costs have made a mockery numerous proposals for reform of the initia- that the initiative would serve as a check on of its grass roots origins. A good example of tive process over the years. Some have urged the unaccountable, corrupt or unresponsive the runaway expense associated with most that contributions to initiative campaigns legislature, and would provide a grass roots initiative campaigns is Proposition 61, a be limited, and that disclosure of financial vehicle for citizens who saw their desires measure which appeared on the ballot two backers be required in all campaign adver- thwarted by elected representatives. years ago. This proposal would have dras- tising. Others have suggested that initiatives The initiative was never intended to serve tically reduced the salaries of all govern- go directly to the legislature for a vote be- as a substitute for legislative lawmaking, ment officials, including judges, and driven fore being presented to the electorate. Still nor as a weapon in the arsenal of wealthy many qualified people out of public service. others have proposed that all initiatives be special interest groups. In reality, however, The measure was opposed by virtually every screened by the Secretary of State’s office it has become both of these things. recognized organization and by the state’s for legal and drafting problems before they DRAMATIC INCREASE most prominent political leaders. Yet oppo- qualify for the ballot. Several of these ideas The number of initiatives put before the nents were told that they would have to are sound and would address some of the public has risen dramatically in recent raise millions of dollars to ensure the meas- most glaring problems with the initiative years. Only 17 initiatives were filed in the ure’s defeat. This year’s battle over insur- process as it now operates. Given the cam- 1950s. This number rose to 44 in the 1960s, and ance and attorney’s fees raises the even more paign we have just endured, we must hope leaped to 180 in the 1970s. Thus far in the frightening specter of massive campaigns fi- that these proposals are resurrected quickly 1980s, 204 initiatives have been filed. There nanced by wealth special interest groups. and implemented swiftly. were 12 on this month’s ballot alone, cov- The insurance industry alone has spent Initiative reform, however, is not enough. ering such diverse topics as the homeless, something in the range of $50 million pro- There must be in addition an overhaul of the AIDS, insurance rates, attorneys’ fees, ciga- moting its position on Propositions 100, 101, way business gets done in Sacramento, so rette taxation and part-time teaching by 103, 104, and 106. These kinds of numbers that the legislature can function as it should judges at public universities and colleges. make any true grassroot effort by a group of and resort to the initiative is not necessary. This increased use of the initiative process citizens nothing more than a pipedream. Limits on campaign spending, higher sala- is attributable to a number of factors. In re- Misleading advertising and reliance on sec- ries coupled with rules prohibiting the tak- cent years, California legislators have be- onds-long television and radio spots, more- ing of honoraria and gifts, quarterly disclo- come so beholden to special interest groups over, defeat any chance that citizens can ob- sure of contributions by legislators and seri- for campaign financing and added personal tain the information necessary to cast an in- ous self-policing through active ethics com- income that they have been paralyzed to act formed vote. The fat that initiatives are pre- mittees in the Assembly and Senate are just on controversial measures negatively im- sented to a ‘‘legislature’’ of 20 million people a few of the ideas which should be explored. pacting their benefactors. One need look no renders ephemeral any real hope of intel- Whatever the solution, legislators must be- further than tort reform and insurance re- ligent voting by a majority. Only a small mi- come what they were intended to be—rep- form, the meat of Propositions 100, 101, 103, nority of voters study their ballot pamphlet resentatives of the people, not puppets of a 104 and 106, to see that this is true. Bills on with any care and only the minutest per- panoply of interest groups who define public these subjects have been consistently op- centage take time to read the proposed stat- good in terms of their own pocketbooks. posed by trial lawyers associations on the utory language itself. Lawyers and lawyers’ organizations should one hand, and the insurance industry on the Indeed, it seems too much to ask that they be at the forefront of these reform efforts. other. Whether one favors reform in these do, since propositions are often lengthy and Lawyers are among those most uniquely con- areas or not, it is hard to argue with the fact difficult for a layperson to understand. Prop- cerned with the interpretation of laws and that their movement in the legislature has osition 104, for example, consumed almost 13 the enforcement of legal rights. We are been stymied not on the merits, but because pages of small, single-spaced type in the among those most familiar with the delicate of the perceived power of the interests in- most recent ballot pamphlet and concerned balance between executive, legislative, and volved. This lawmaking paralysis, coupled some of the most technical aspects of the In- judicial branches envisioned by the founders with tales of corruption in Sacramento, has surance Code. The problem is exacerbated by of our democratic form of government. Our led the public to lose confidence in and to the fact that paid advertising and news re- traditions and our rules of professional re- mistrust state government. A natural side ports tend to focus on the identity of the sponsibility, moreover, obligate us to work effect has been an increase in the popularity proponents and opponents and on how much for the public good. There is no greater pub- of the initiative. money each campaign is spending, rather lic good than strong, effective, good govern- Special interest groups, too, have begun to than on the substance of the measure and ment. perceive the utility of the initiative in push- the arguments in favor of or against it. Some We lawyers assert that we are among the ing their agendas. Measures sponsored by advertising, in fact, is affirmatively mis- leaders of society, and it is time we began to such groups often lend themselves to pack- leading concerning the content and effect of act the part. I intend to establish a com- aging for mass media consumption. Initia- the initiative. mittee to examine existing proposals for re- tives, moreover, get less scrutiny than legis- To add to the confusion, many initiatives form, explore other options and recommend lative bills, and frequently this is just what are poorly drafted, internally inconsistent or a course of action. Our Association has a real their interest group sponsors want. In the hopelessly vague. Bills introduced in the leg- opportunity, which we cannot ignore, to con- legislature, many eyes review a bill before it islature are subjected to many levels of re- tribute to restoring responsible government is put to a final vote. Legislative counsel ex- view before final passage, and drafting or of California. We welcome your ideas and amines it for technical or legal short- clarity problems usually surface and are re- support. comings. Various committees look at it from solved before a final vote is taken. Initia- Mrs. BOXER. I also want my col- different perspectives. Pros and cons are de- tives, by contrast, receive no prior review be- leagues to understand that the Senator bated, and compromises are reached. fore being put to a vote of the people. The from Iowa asked Ms. Morrow in an un- The public, by contrast, casts its vote for likelihood of any subsequent review is mini- precedented request which, frankly, initiatives on the basis of 30- and 60-second mal too, since an initiative, once approved, advertisements which ignore or obscure the can only be amended by another vote of the had Senators on both sides in an up- substance of the measure, and which focus people. roar, to answer the question how she instead on who sponsors the proposition. The The net result is that many of the more personally voted on 10 years’ worth of process allows for no amendment or com- complicated measures passed by the voters California initiatives. It was astound- promise. An initiative is an all-or-nothing end up in the courts for final review. ing. I remember going over to my proposition. As David Magleby of Brigham Young Uni- friend, whom I enjoy working with, and Reformers and special interest groups have versity, a leading authority on the initiative I have worked with him on so many been joined, ironically enough, by politicians process, has said, ‘‘Unlike other political procurement reform issues, and I said, and officeholders in frequent resort to the processes, there are no checks and balances initiative. Lawmakers, frustrated with being on the initiative process [other] than the ‘‘Senator, I can’t imagine how you the party out of power or seeking to increase courts.’’ The courts are thus forced to be- would expect someone to remember their popularity through association with a come ‘‘the policeman of the initiative proc- how they voted on 160 ballot meas- successful proposition, have begun to spon- ess.’’ ures,’’ some of which had to do with

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S657 parks, some of which had to do with tors including Ms. Morrow’s testimony, her peals sought to set aside the California building railroads, some of which had accomplishments and her evident ability as voters’ commitment to term limits, to do with school bond measures. And an attorney, as well as the fact that she has they did so based on what they consid- besides, I always thought—and correct received strong support from a number of ered to be the lack of expertise of the Republicans. me if I am wrong—we had a secret bal- people. Here is what Judge Reinhardt lot in this country; it is one of the The PRESIDING OFFICER. The Sen- said when he set aside the term limits things we pride ourselves on. ator has used 5 minutes. initiative in California: Now, Margaret Morrow has been Mrs. BOXER. I ask I be allowed an- The public lacks legal or legislative exper- forthcoming. That is why she has the other 2 minutes. tise—or even a duty to support the Constitu- strong support of Senator ORRIN The PRESIDING OFFICER. Without tion. Our usual assumption that laws passed represent careful drafting and consideration HATCH, and let’s read what Senator objection, it is so ordered. does not obtain. HATCH has written about Margaret Mrs. BOXER. So my colleagues have Morrow. every right to oppose Margaret Mor- Where might he get an idea like that Mr. GRASSLEY. Mr. President, since row. My goodness, it is a free country. idea, to allege that the people are dis- my name was mentioned, I would like They have every right to vote against regarded because they don’t have legal to respond, if the Senator would yield. her and speak against her. But I would training. The PRESIDING OFFICER. Does the like when we have arguments in the Here is what Ms. Morrow said: Senator from California yield? Chamber, particularly where someone The fact that initiatives are presented to a Mrs. BOXER. Yes. I will be happy to is not present, that these arguments be legislature of 20 million people renders true, that these arguments hold up, ephemeral any real hope of intelligent vot- allow a 30-second response. ing by the majority. Mr. GRASSLEY. I will only remind that these arguments are backed up by This is the judge who has been re- the Senator from California that the the facts. versed over and over again when the point I was making is not when—the I want to point out that in several of California Ninth Circuit was reversed question I was proposing is not when my colleagues’ dissertations here today, they have talked about other 27 out of 28 times by the Supreme Ms. Morrow responded. The question is Court. They are embracing this philos- that she said she did not take a posi- lawyers, they have talked about other judges. It is extraordinary to me that ophy in those kinds of items. tion on public policy issues except for Reinhardt said: that one, and she did take, we found they do not want Margaret Morrow, so they talk about three other judges. The public . . . lacks the ability to collect out that she did take positions on pub- and study information that is utilized rou- lic policy issues. So she was mis- Margaret Morrow is Margaret Morrow. tinely by legislative bodies. leading. She is not judge X, judge Y or judge Z. Where could he have gotten that? The PRESIDING OFFICER. The Sen- She is Margaret Morrow. She is coming Same philosophy as Ms. Morrow who ator’s time has expired. before us, the second woman ever elect- said: ed to head the Los Angeles County Bar Mrs. BOXER. If I might make a point . . . propositions are often lengthy and dif- here. When one is asked if one took a Association, the first woman ever ficult for a layperson to understand. The stand on an initiative, one would as- elected to head the California State public . . . casts its votes for initiatives on sume the critical point is at what time Bar Association. This is the largest the basis of 30- and 60-second advertisements. you speak out about it. My goodness, if State bar in any State. Republicans Both of these reflect a distrust of the we are forbidden as human beings, let voted for her for that position. Demo- people: One an activist judge, one of alone the head of a bar association, to crats did as well. She has the most ex- the most reversed judges in history; comment on what voters have voted on traordinary support across the board. the other an offering of this adminis- and to talk about ways the initiative So when we attack Margaret Morrow, tration for us to confirm. process can be improved—and I am my goodness, don’t talk about other I am calling into question the judg- going to put into the RECORD her re- judges. Talk about Margaret Morrow. ment and the respect that this nominee marks on that point because she has If my colleagues are running for the has for the people. And it is based on such respect for the initiative process. Senate, they want to be judged on who her statements. By contrasting her to She has thought about ways to improve they are, what do they stand for, not to Judge Reinhardt, I am trying to point it—if we are gagged as human beings stand up and say, well, I can’t vote for out that the same kind of mistakes from commenting on what the voters this candidate X because he or she re- made by the most reversed judge on have voted on, this is a sad state of af- minds me of candidate Y, and if he gets the ninth circuit are the kinds of mis- fairs for this country. in, he will act like candidate Y. takes that you find in Ms. Morrow’s So I want to talk about what Senator One great thing about the world writings, and I think it reflects a con- HATCH has said about Margaret Mor- today is we are all individuals. We are fidence in lawyers and judges that per- row. I think it is important. He said it all human beings. God doesn’t make us mits them to do things that the law himself quite eloquently at the begin- all the same. That is why I am going to doesn’t provide them a basis to do. ning of this debate. But I want to reit- vote against cloning. We are different The law says the people of California erate because he sent a letter out to all than one another. So when you attack have a right, if they want to have term of our colleagues, and he talked about Margaret Morrow, I think you need to limits, to have an initiative that em- the comment that Margaret Morrow do it in a fair way, not by the fact that braces it. But what does Judge made that has been so taken out of another judge ruled a certain way. And Reinhardt say? Judge Reinhardt says: context by my colleagues. when I come back to my last 5 min- Before an initiative becomes law, no com- He said that the committee, the Ju- utes, I will continue on this theme. mittee meetings are held, no legal analysts diciary Committee, studied Margaret I yield back and retain my time. study the law, no floor debates occur, no sep- arate representative bodies vote on the Morrow’s response to make a decision The PRESIDING OFFICER. Who bill.... yields time? as to whether she was an activist He does that as a means of setting Mr. ASHCROFT. Mr. President, I judge, and they concluded that her ex- aside the law, saying the people are yield to myself the remainder of the planation was in keeping with the simply too ignorant. They have not time and ask you to inform me when theme of her speech. And essentially, studied this carefully enough. Senator HATCH goes on to say, ‘‘[T]he there is 1 minute remaining. Where would Morrow be on that kind nominee went to some lengths in her I am concerned about this nominee of issue? According to her writings: who has indicated that when the people oral testimony and her written re- In the legislative, many eyes review a bill sponses to the Committee to espouse a are involved in developing the law before it is put to a final vote. Legislative clearly restrained approach to the con- through a referendum, you don’t get counsel [another lawyer] examine it for tech- stitutional interpretation and the role intelligent lawmaking. I am concerned nical or legal shortcomings. Various com- of the courts.’’ about that because from her writings it mittees look at it from different perspec- Then he goes on to say the following: appears that the Ninth Circuit Court of tives. Pros and cons are debated. In supporting the nomination, the Com- Appeals embraced that very view. We have already in California and on mittee takes into account a number of fac- When the Ninth Circuit Court of Ap- the west coast in the Ninth Circuit

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S658 CONGRESSIONAL RECORD — SENATE February 11, 1998 Court of Appeals, a court of appeals ment law, arbitration law, copyright California and former Head of the Drug that is reversed constantly. In their and trademark infringement, libel, Enforcement Administration under setting aside of initiatives, in their in- partnership dissolution, real estate de- President Bush. Mr. Bonner writes: vasion of the province of the people, velopment, government contracts, and The concerns expressed about judicial ac- and in their invasion of the legislative insurance coverage. tivism appear to be based on a misunder- function, they take a page out of the So my colleagues paint the picture of standing or misinterpretation of certain ar- writings of this candidate. But I don’t someone who is entirely different from ticles written by Margaret years ago in her think we need more judicial activists. I Margaret Morrow. Mr. President, I just capacity as President of the State Bar of ask my colleagues on both sides of the California, the Los Angeles County Bar Asso- think it is clear she believes the cut- ciation, and the Barristers (young lawyers) ting edge of society should be the law aisle to vote on Margaret Morrow. Do section of the Los Angeles County Bar Asso- and its profession. I think the cutting not vote on judge X, do not vote on ciation. In particular, in 1988, while she was edge needs to be the legislature and the judge Y, don’t vote on some ideological the President of the Los Angeles County Bar people expressing their will in initia- basis because you think she is going to Association, Margaret wrote an article con- tives. That is where the law should be be a certain way. Follow the leadership cerning the initiative process. The article changed. The engine of social change of Chairman HATCH, follow the leader- was critical of the way certain recently con- should not be the courts. The engine ship of the many Republican conserv- cluded initiative campaigns had been run, atives who have gone on the line to and suggested ways in which the initiative for social change should be the people process could be strengthened by commu- and their elected representatives. When fight for Margaret Morrow. nicating more information to the electorate the people enact a law through the ini- I have to say to my colleague from about the substance of the measures. It also tiative process, it is imperative that Missouri, thank you for bringing this discussed procedural reforms that would as- the will of the people be respected. debate almost to an end. I think I have sist in correcting the drafting errors that Even if you graduate from the best of enjoyed debating you. I wish we could sometimes provide the basis for a legal chal- law schools and you have a great un- have done it sooner rather than later. lenge. Finally, it suggested measures to re- derstanding of legal principles, our But I am pleased that we have reached duce the influence of special interests and country says that the people who cast this day, and to Margaret and to her increase the legislature’s willingness to ad- family, I hope that tonight you will dress issues of concern to the citizens of the the votes are the people whose will is state. to be respected. Because she seems to have a reason to celebrate. I can’t be The article does not suggest hostility to believe otherwise, I do not think this sure until the votes are in, but we will the initiative process; rather it seeks to nominee should be confirmed by the know soon. strengthen the process. Margaret’s responses U.S. Senate. Finally, Mr. President, I would just to the Judiciary Committee demonstrate The PRESIDING OFFICER. Who like to continue my response to some that she unequivocally supports the initia- yields time? of the arguments offered by my col- tive process and believes that all legislative Mrs. BOXER. Mr. President, at this leagues, and set the record straight. On enactments, including initiatives, are pre- the issue of Ms. Morrow’s position on sumptively constitutional, and that courts point, since Senator HATCH is not here, should be reluctant to overturn them. Mar- he has given me permission to use up ballot initiatives, there are some peo- garet explained to the committee her desire his time and mine, and I assume I have ple who, having read an article she to strengthen the process, not make it vul- about 7 minutes left. wrote in 1988, believe that Ms. Morrow nerable to legal challenge. She also ex- The PRESIDING OFFICER. The Sen- holds disdain for citizen initiatives. plained that the article proposed ways to ator has 8 minutes remaining. This is completely false. I repeat—any make the process more efficient and less Mrs. BOXER. Mr. President, some- concerns that Ms. Morrow holds a posi- costly, so that the initiatives could serve the times I think my colleagues have a tion other than being 100% supportive purpose for which they were intended. very strange definition of activist of citizen initiatives has no basis in To anyone still skeptical, I invite judge. Listening to them, I think if you fact. In fact, in that 1988 article, Ms. you to call Robert Bonner, who be- have a heartbeat and a pulse, they call Morrow expressed her concern about lieves in Margaret Morrow. In his let- you an activist. I mean, I—really, lis- misleading advertisements which pro- ter to Senators BOND, D’AMATO, ten to them. vide misinformation for voters. This DOMENICI, SESSIONS and SPECTER, Mr. Are you supposed to nominate a per- made it hard, she argued, for voters to Bonner urged them to give him a call son who has not had a thought in her make meaningful choices and ‘‘renders with any questions. head, who cannot say, 2 years after an ephemeral any real hope of intelligent Finally, the California Research Bu- initiative passed, that she thought it voting by a majority.’’ Read in con- reau, which is a branch of the state was good, bad, or indifferent, who can- text, this statement concerned the public library and supplies nonpartisan not comment on a way to make the ini- quality of information disseminated to data to the executive and legislative tiative process better? the voters, and was not a comment on branches of the California state gov- They also have a way of selective ar- the ability of voters to make intel- ernment, has much the same role as guing—selective arguing. In 1988, Mar- ligent choices with the necessary infor- the Congressional Research Service garet Morrow wrote the following. This mation in hand. Ms. Morrow holds the does for the U.S. Legislative Branch. is directly from an article in 1988, way utmost respect for democratic institu- The Bureau put out a study in May of before she even dreamt of coming be- tions like the citizen initiative process 1997, entitled California’s Statewide fore this Senate. Here is what she in California. Initiative Process, which iterated wrote: In that same 1988 article, Ms. Morrow many of the same concerns Ms. Morrow Having passed an initiative, voters want to argued that courts should not be put in has about the initiative process in Cali- see it enacted. They view a court challenge the position of policing the initiative fornia, and which the senior senator to its validity as interference with the public process. ‘‘Having passed an initiative,’’ from California, Senator FEINSTEIN, re- will. she explains, ‘‘voters want to see it en- ferred to during the markup of Ms. So here is Margaret Morrow arguing acted. They view a court challenge to Morrow’s nomination. For instance, that when the voters pass an initiative, its validity as interference with the this impartial, non-partisan research they want it enacted. I see Senator public will. . . .’’ Hopefully my col- service notes that proponents and op- HATCH is here, so when I finish my 2 leagues here in the Senate understand ponents of a ballot measure may not minutes I am going to yield him his 5 that Ms. Morrow merely advocated re- have the incentive to provide clear in- minutes. forms that would ameliorate problems formation to voters. Further, the Bu- I want to say that this is a woman in the California initiative process. reau notes that a number of scholars, whose practice, if you look at it, is far For those who may still not be con- elected officials, journalists and com- from anyone’s definition of being an vinced, I would like to read a portion of missions have examined the initiative activist. These are the areas of law a letter that I referred to earlier from process over the last decade. that she has practiced. Robert Bonner, who, as I mentioned, The Bureau cited to concerns about Contract disputes, business torts, un- was former U.S. Attorney under Presi- ‘‘serious flaws that require improve- fair competition, securities fraud, di- dent Reagan, former U.S. District ment,’’ including limited voter infor- rectors’ and officers’ liability, employ- Court Judge in the Central District of mation, deceptive media campaigns,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S659 the lack of legislative review, poor her installation as the first woman row led the Board in deciding to reject drafting, and the impact of money in president of the State Bar of California resolutions on gun laws passed by the the initiative process. In other words, on October 9, 1993. In her speech, Ms. California Bar Conference of Delegates Margaret Morrow believes in ballot ini- Morrow quoted Justice William Bren- and instead adopted a neutral resolu- tiatives, but has concerns similar to nan: ‘‘Justice can only endure and tion, which suggested that the State those of the California Research Bu- flourish if law and legal institutions Bar sponsor ‘‘neutral forums on vio- reau, a nonpartisan research service for are engines of change, able to accom- lence and its impact on the administra- the California State Legislature. modate evolving patterns of life and tion of justice.’’ Therefore, she did the In summary, let there be no doubt social interaction.’’ Taken out of con- exact opposite of what her critics ac- that Ms. Morrow supports citizen ini- text, her critics believe Ms. Morrow cuse her of. She followed the law as ar- tiatives as an important part of our will use the courts as an engine of ticulated by the United States Su- democratic form of government. She change. However, during her hearing, preme Court, precisely what she will do also subscribes to the position that leg- Ms. Morrow confessed she pulled Jus- if she is confirmed as a district judge. islative enactments, including initia- tice Brennan’s statement from a book I yield the remaining 5 minutes to tives, are presumed to be constitu- of quotes, and she testified that ‘‘The the distinguished chairman of the Judi- tional, and that courts should be reluc- theme of that speech was that the ciary Committee, Chairman HATCH. tant to overturn legislation. Margaret State Bar of California as an institu- The PRESIDING OFFICER. The Sen- Morrow did suggest ways the initiative tion and the legal profession had to ator from Utah. process could be strengthened by pro- change some of the ways we did busi- Mr. HATCH. Mr. President, as we viding more information to the elec- ness. The quotation regarding engines close this debate, I would like to take torate and by correcting the drafting of change had nothing to do with just a moment to reiterate my support for Margaret Morrow. As my friend errors that sometimes form the basis changes in the rule of law or changes in from Missouri, Senator ASHCROFT, has for a legal challenge, but she does NOT constitutional interpretation.’’ In fact, conceded, Ms. Morrow certainly enjoys oppose ballot initiatives. the speech was about the changes the the professional qualifications to serve On charges that she may be a judicial bar should make so that it would be activist, let me make it very, very as a United States district court judge. more responsive to the public. It did Unfortunately, those who have cho- clear. Ms. Morrow believes in the re- not advance a theme that the courts sen to vote against Ms. Morrow have spective roles of the legislative and ju- should be engines of change. failed to identify a single instance in dicial branches, and will look to the To respond to my colleagues’ charge the nominee’s legal practice in which original intent of the drafters of the that Margaret Morrow advocated gun she has engaged in what can be consid- laws and our Constitution. control while president of the state ered as activism. The best the oppo- Some have questioned whether Mar- bar, let me just say that this is pat- nents to Ms. Morrow can do is take garet Morrow will be an activist judge. ently untrue, and is refuted by 11 of the quotes from several of her speeches and Her critics pulled a quote, out of con- 21 Members of the California State Bar read into that an activist intent. I do text, from one of her many speeches, Board of Governors who were on the not believe, however, that when closely and those critics have decided that board at the time in question. They analyzed, those claims stand up. Re- that single quote is evidence that Mar- were there, they know what happened garding the two brief statements being garet Morrow will be an activist judge. and what didn’t happen, and they have used to question Ms. Morrow’s propen- The quote in controversy is from a 1- signed a letter confirming that Mar- sity to engage in judicial activism, to 2-minute presentation to the State garet Morrow did not advocate gun when balanced against the 20-plus-year Bar Conference on Women in the Law. control as her critics accuse her of. distinguished and dedicated career, the She says: ‘‘For the law is, almost by These 11 members are Republicans and statements are simply insufficient to definition, on the cutting edge of social Democrats alike. determine that Ms. Morrow would be a thought. It is the vehicle through These Republicans and Democrats ex- judicial activist. which we ease the transition from the plain in their letter to me that in 1993, The first statement attributed to Ms. rules which have always been to the the State Bar Conference of Dele- Morrow that the ‘‘law is on the cutting rules which are to be.’’ gates—representatives of voluntary bar edge of social thought,’’ when placed As Margaret said during her second associations throughout California— within its proper context and read hearing, the overall context of that adopted two resolutions calling upon along with the entire speech is not speech concerned how lawyers were the Bar to study a possible revision of troubling to me. I note that the opposi- going to govern the legal profession. firearms laws and to propose measures tion did not discuss the text of that She wasn’t speaking of the substance to protect judges, lawyers, and others speech or the theme of the speech, be- of the law. Rather, she was referring to from gun violence. These resolutions cause the speech itself is not con- the legal profession. Her point in that were prompted by a tragic shooting in- troversial in any manner. In fact, the speech was if lawyers have to work cident at a San Francisco law firm in theme of the speech advocates change 2,000 to 3,000 hours a year in order to which several people were killed. These in the legal profession itself. The have positions in private law firms, resolutions were passed before Ms. speech does not advocate judicial ac- how will both men and women in the Morrow assumed her position as the tivism. This is why no one has men- legal profession govern and balance first woman President of the State Bar tioned any other sentence or phrase their careers and their family lives? In of California. from the speech. It simply does not ad- her speech at the Women in the Law The resolutions were then considered vocate activism. Conference, Margaret Morrow said: by the State Bar Board of Governors, The second statement attributed to ‘‘[Women lawyers] should reject the of which Margaret Morrow was presi- Ms. Morrow, that the law and legal in- norm of 2000-plus hours a year; the dent in 1993–94. She appointed a special stitutions are engines of change, was norm that places time in the office committee to consider the firearms taken from a quote by Mr. Justice above time with family . . . We should resolutions, saying that she wanted to Brennan. Whether you agree with Mr. work to infuse our perspective into the ensure compliance with the Supreme Justice Brennan or not, he was one of law—our experience as women, as Court decision, Keller v. State Bar, the most substantial Justices in his- wives, and as mothers.’’ that forbids a state bar from using tory. And she was quoting him. Again, I would also refer you to the letter mandatory lawyers’ dues to support po- the opposition has not mentioned the from Robert Bonner which so clearly litical or ideological causes. theme of the speech from which this states that he, and so many other The Board of Governors, under Mar- quote was taken. The speech also advo- Republians of good reputation, can as- garet Morrow’s leadership, rejected the cated change in the legal profession, sure you that Margaret Morrow will resolutions passed by the delegates and not activism in the courts. not be an activist judge. passed explicitly neutral language in- I personally believe that the profes- Finally, some of her critics base their stead. Let me repeat this very impor- sion could stand some changes in cer- belief that Ms. Morrow will be an activ- tant point. As President of the State tain areas. It is not fair to this nomi- ist judge on a speech she made during Bar Board of Governors, Margaret Mor- nee or any other that her entire career

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S660 CONGRESSIONAL RECORD — SENATE February 11, 1998 and judicial philosophy be judged on Mr. BREAUX. I announce that the morrow is the 299th anniversary of the the basis of a few statements, arguably Senator from Kentucky (Mr. FORD) and landing of D’Iberville on the shores of very ambiguous statements. I cannot the Senator from Michigan (Mr. LEVIN) present-day Mississippi, and the begin- ignore the overall theme of the speech- are necessarily absent. ning of the French colonization of the es from which these statements were I also announce that the Senator American South. taken. The speeches in no way advo- from Nevada (Mr. REID) is absent at- Madam President, my colleagues are cated activism. They only advocated tending a funeral. familiar with the English landings in change in the legal profession. The PRESIDING OFFICER (Ms. COL- Jamestown and Plymouth, Maryland Ms. Morrow’s legal career speaks for LINS). Are there any other Senators in and Pennsylvania. Some may recall the itself. She will be an asset to the Fed- the Chamber who desire to vote? Spanish settlements up the eastern eral bench, in my opinion. Thus, when The result was announced, yeas 67, seaboard or the missions in the far Ms. Morrow’s statements are read in nays 28, as follows: West. But I suspect few of you know of context, they do not paint a picture of [Rollcall Vote No. 11 Ex.] the French colonization of the deep a potential activist. Moreover, when YEAS—67 South and the frontier of the future asked by the members of the com- United States, and the deeds of men Abraham Faircloth Lott mittee to explain her judicial philos- Akaka Feingold Lugar like Pierre Lemoyne Sieur D’Iberville, ophy and her approach to judging, she Baucus Feinstein Mack the French military officer who began gave an answer with which any strict Bennett Frist McCain that colonization. Biden Glenn Mikulski constructionist would agree. And when Bingaman Gorton However, down home, all along the Moseley-Braun Mississippi Gulf Coast, we know and we asked to explain whether her speeches Boxer Graham Moynihan were intended to suggest that judges Breaux Gregg Murray remember. We remember how Bryan Harkin should be litigating from the bench, Reed D’Iberville’s band of French soldiers, Bumpers Hatch Robb she adamantly denied such a claim. Byrd Hollings hunters, farmers and adventurers Given her plausible explanation of Campbell Hutchison Rockefeller began the exploration and occupation Roth these statements criticized by my good Chafee Inouye of the lower Mississippi valley. We re- Cleland Jeffords Santorum friends from the Judiciary Committee Cochran Johnson Sarbanes member that this landing eventually and her sworn testimony that she Collins Kennedy Smith (OR) gave birth to towns as far-flung as Bi- would uphold the Constitution and Conrad Kerrey Snowe loxi, Natchez, Mobile, New Orleans, abide by the rule of law, I have to give Daschle Kerry Stevens Baton Rouge, Memphis, St. Joseph, De- DeWine Kohl Thompson her the benefit of the doubt and will Dodd Landrieu Torricelli troit, and Galveston. vote to confirm her. I think and I hope Domenici Lautenberg Wellstone My native Mississippi Gulf Coast is a my colleagues will do the same. Dorgan Leahy Wyden place of year-round beauty, romance, Ordinarily, I believe that a nominee’s Durbin Lieberman and charm. It is easy to understand testimony should be credited unless NAYS—28 why the French chose to found their there is overwhelming evidence to the Allard Gramm Murkowski first colony there. contrary. Here, those who oppose this Ashcroft Grams Nickles We are throwing a party today, in Bi- Bond Grassley Roberts loxi, Mississippi, where D’Iberville nominee lack such evidence. What they Brownback Hagel Sessions landed, 299 years ago tomorrow, and in are left with are snippets from some of Burns Helms Shelby her speeches, speeches that we are try- Coats Hutchinson Smith (NH) Ocean Springs, where he built Fort ing to divine the intent of, while lack- Coverdell Inhofe Thomas Maurepas. As I am sure you have Craig Kempthorne Thurmond ing the evidence to think otherwise. D’Amato Kyl heard, we know how to throw a party. I will credit the testimony of the Enzi McConnell But next year, on this very day, will be the 300th anniversary of D’Iberville’s nominee and her stated commitment to NOT VOTING—5 the rule of law. I sincerely hope that landing. And I especially want to invite Ford Reid Warner she will not disappoint me, and I be- Levin Specter every one of my colleagues and you, lieve that she is a person of integrity Madam President, to attend that cele- and one who will judge, as she has The nomination was confirmed. bration. promised, in accordance with the high- Mr. LEAHY. Madam President, I All along the Mississippi Gulf Coast, est standards of the judgeship profes- move to reconsider the vote. from my native Pascagoula west to sion and with the highest standards of Mrs. BOXER. I move to lay it on the Pass Christian and Bay St. Louis, hun- the Constitution and the rule of law. table. dreds of volunteers are already plan- On this basis, I support the nominee. The motion to lay on the table was ning and preparing a vast array of fes- I believe we all should support this agreed to. tivals, parties, national sporting nominee. She has had a thorough hear- f events, educational activities, and cul- ing and we have had many, many dis- LEGISLATIVE SESSION tural exchanges with French cities, cussions of this. But I just don’t think working to make our 1699 Tricenten- we should take things out of context The PRESIDING OFFICER. The Sen- nial a truly wonderful celebration. and stop a nominee on that basis. ate will now return to legislative ses- In conjunction with next year’s fes- With that, I hope our colleagues will sion. tivities will be the Mardi Gras Celebra- support the nominee. Mr. President, I f tion in all the coast towns, from Texas to Florida. I believe all of my col- ask for the yeas and nays. MORNING BUSINESS The PRESIDING OFFICER. Is there a leagues are familiar with Mardi Gras. sufficient second? Mr. HATCH. Madam President, I ask But the Tricentennial celebrations There is a sufficient second. unanimous consent there now be a pe- are more than just festivities. They are The yeas and nays were ordered. riod of morning business with Senators celebrations of how really diverse we The PRESIDING OFFICER. The permitted to speak up to 5 minutes are in the deep South, how wonderfully question is, Will the Senate advise and each. varied and multi-cultural our Southern consent to the nomination of Margaret The PRESIDING OFFICER. Without heritage, our American heritage really M. Morrow, of California, to be United objection, it is so ordered. is, and how much we’ve accomplished States District Judge for the Central f over the past 300 years! District of California? Come to the Gulf Coast next year The yeas and nays have been ordered. THE 299TH ANNIVERSARY OF with us, and help us celebrate that di- The clerk will call the roll. FRENCH COLONIZATION verse culture, and our hard-won eco- The legislative clerk called the roll. Mr. LOTT. Madam President, I rise nomic prosperity. You might be sur- Mr. NICKLES. I announce that the today to recognize an important day in prised. You’ll find that whether we are Senator from Virginia (Mr. WARNER) the history of this nation—a day that of French, Scottish, Irish, Spanish, and the Senator from Pennsylvania may intrigue some of you who are not Yugoslavian, Vietnamese, English, Af- (Mr. SPECTER) are necessarily absent. familiar with Southern history. To- rican-American or Native American

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S661 ancestry, or a little of everything, we human somatic cell nuclear transfer, assistance of the National Bioethics are all fair, honest, hardworking, and which means taking the nucleus— Advisory Commission (NBAC), the Na- friendly to a fault. And we can all which contains DNA—from a mature tional Institutes of Health, the Amer- cook!! And we all talk with this ac- cell and putting it into an egg cell from ican Society for Reproductive Medi- cent!! which the original nucleus has been re- cine, the Biotech Industry Association, So come down and join us, if not this moved. Although the bill defines the the Department of Health and Human year, certainly for the big Tricenten- product of such a transfer as an em- Services, and the Food and Drug Ad- nial celebration. A lot of faces and bryo, it is not actually a fertilized egg, ministration, imposes a 10-year ban on names will be familiar to you: Brett as that term is commonly understood. the implantation of the product of so- Favre, the great NFL quarterback, as- It is an unfertilized egg cell that con- matic cell nuclear transfer into a wom- tronauts Fred Haise of Apollo XIII and tains DNA from another source. It is en’s uterus. While it bans the cloning Stuart Roosa, and the works of great true that if this cell were implanted in of human beings for 10 years, the bill American painter Walter Anderson and a woman’s womb, it could very well de- does not prohibit the cloning of mol- potter George E. Ohr. And the places to velop into a baby. However, the cell ecules, DNA, cells, tissues, or non- see!—the beautiful home of Jefferson may also be grown in a laboratory to human animals. It therefore does not Davis, the beaches, the southern way of become skin, nerve, or muscle tissue. restrict important biomedical and agri- life, the unique nightlife, the Mardi Because of its ban on human somatic cultural research that will improve the Gras, the 1699 celebrations and re-en- cell transfer, there is a strong likeli- quality of life for millions of Ameri- actments. hood that S. 1601 would extinguish bio- cans and save the lives of many more. Madam President, I invite all my col- medical research in several vital areas. S. 1602 requires that in four-and-a- leagues to come down to the Gulf Coast Scientists are examining approaches to half years the NBAC prepare and sub- next year and join us in the wonderful treating disease that won’t depend on mit a report on the state of the science celebration of our Tricentennial. drugs, but on stem cells that can dif- of cloning; the ethical and social issues f ferentiate into brain, skin, blood, or related to the potential use of this heart cells. S. 1601 would put an end to technology in human beings; and the THE VERY BAD DEBT BOXSCORE such research whenever somatic cell wisdom of extending the prohibition. Mr. HELMS. Mr. President, at the nuclear transfer is involved. Thus, it The bill also requires the President to close of business yesterday, Wednes- would outlaw efforts to create cardiac seek cooperation with other countries day, February 10, 1998, the Federal debt muscle cells to treat heart attack vic- to establish international restrictions stood at $5,471,889,906,215.21 (Five tril- tims and degenerative heart disease; similar to those it enumerates. lion, four hundred seventy-one billion, skin cells to treat burn victims; spinal Madam President, S. 1601 was eight hundred eighty-nine million, nine cord neuron cells for the treatment of brought directly to the floor two days hundred six thousand, two hundred fif- spinal cord trauma and paralysis; neu- after it was introduced without a day teen dollars and twenty-one cents). ral cells to treat those suffering from of committee hearings or a markup. One year ago, February 10, 1997, the Parkinson’s disease, Huntington’s dis- The Senate did the right thing today Federal debt stood at $5,302,292,000,000 ease, and Lou Gehrig’s disease; blood when it decided that such a far-reach- (Five trillion, three hundred two bil- cells to treat cancer anemia and ing bill with so many implications for lion, two hundred ninety-two million). immunodeficiencies; cells for use in ge- the future direction of scientific in- Five years ago, February 10, 1993, the netic therapy to treat 5,000 genetic dis- quiry must be carefully considered in Federal debt stood at $4,172,770,000,000 eases, including cystic fibrosis, Tay- committee. I am confident that we will (Four trillion, one hundred seventy- Sachs, schizophrenia, and depression; ultimately agree upon a bipartisan ap- two billion, seven hundred seventy mil- liver cells for the treatment of such proach to dealing with the issues raised lion). diseases as hepatitis and cirrhosis; and by cloning technology, one that en- Ten years ago, February 10, 1988, the myriad other cells for use in the diag- sures that life-saving medical research Federal debt stood at $2,452,575,000,000 nosis, treatment, and prevention of a will not be threatened. Through its ac- (Two trillion, four hundred fifty-two multitude of serious and life-threat- tion today, the Senate has sent the billion, five hundred seventy-five mil- ening medical conditions. message that it intends to give this lion). Consider the effect that S. 1601 would complex matter the thoughtful and de- Fifteen years ago, February 10, 1983, have on research related to the treat- liberative consideration it deserves. the Federal debt stood at ment of diabetes. A diabetes patient Mr. HATCH. I suggest the absence of $1,194,868,000,000 (One trillion, one hun- has a shortage of insulin-producing a quorum. dred ninety-four billion, eight hundred cells in her pancreas. Somatic cell nu- The PRESIDING OFFICER. The sixty-eight million) which reflects a clear transfer technology may allow clerk will call the roll. debt increase of more than $4 trillion— for the transplantation of a large num- The legislative clerk proceeded to $4,277,021,906,215.21 (Four trillion, two ber of insulin-producing cells into the call the roll. hundred seventy-seven billion, twenty- diabetic patient that would be geneti- Mr. ROBERTS. Madam President, I one million, nine hundred six thousand, cally identical to her. As a result, re- ask unanimous consent that the order two hundred fifteen dollars and twen- jection would not be an issue and the for the quorum call be rescinded. ty-one cents) during the past 15 years. patient would be cured. S. 1601 would The PRESIDING OFFICER. Without f stifle research into this promising ap- objection, it is so ordered. proach to the treatment of diabetes. HUMAN CLONING PROHIBITION Moreover, S. 1601 would prevent doc- f ACT OF 1998 tors from utilizing certain treatments Ms. MOSELEY-BRAUN. Madam that already exist, such as an effective READING OF WASHINGTON’S President, I would like to take a mo- therapy for mitochondrial disease, FAREWELL ADDRESS ment to commend my colleagues for which causes infertility in women. Mr. ROBERTS. Madam President, I voting ‘‘no’’ this morning on the effort In sum, too much is at stake to allow ask unanimous consent that notwith- to shut down debate and take up S. legitimate concerns over human standing the resolution of the Senate 1601, the Human Cloning Prohibition cloning to quash the beneficial re- of January 24, 1901, on Monday, Feb- Act of 1998 without hearings or the ben- search and existing treatments associ- ruary 23, 1998, immediately following efit of a comprehensive Committee re- ated with somatic cell nuclear transfer. the prayer and the disposition of the view of the bill. Over 120 medical research, industry, Journal, the traditional reading of the At the outset, I want to make it and patient advocacy organizations Washington’s Farewell Address take clear that I stand with the vast major- have expressed the view that S. 1601 place and that the Chair be authorized ity of Americans who oppose efforts to would do just that. That is why I am to appoint a Senator to perform this clone human beings. S. 1601, however, co-sponsor of Senator FEINSTEIN and task. does much more than that. The bill in- Senator KENNEDY’s substitute bill, S. The PRESIDING OFFICER. Without cludes a permanent ban on the act of 1602. This legislation, drafted with the objection, it is so ordered.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S662 CONGRESSIONAL RECORD — SENATE February 11, 1998 APPOINTMENT BY VICE War, its performance in the mission it European democracy is ruled out as a PRESIDENT has led in Bosnia, the strong interest of future member. The Alliance has The PRESIDING OFFICER. The a dozen new European democracies in agreed to review the process of enlarge- Chair, on behalf of the Vice President, becoming members, and the success of ment at its 1999 summit in Washington. pursuant to the order of the Senate of the Alliance’s Partnership for Peace As we prepare for that summit, I look January 24, 1901, appoints the Senator program all underscore the continuing forward to discussing this matter with vitality of the Alliance and the Treaty from Louisiana (Ms. LANDRIEU) to read my fellow NATO leaders. The process Washington’s Farewell Address on Feb- that brought it into existence. of enlargement, combined with the NATO’s mission in Bosnia is of par- ruary 23, 1998. Partnership for Peace program, the ticular importance. No other multi- Euro-Atlantic Partnership Council, the f national institution possessed the mili- NATO-Russia Founding Act, and REMOVAL OF INJUNCTION OF SE- tary capabilities and political cohe- NATO’s new charter with Ukraine, sig- CRECY—TREATY DOCUMENT NO. siveness necessary to bring an end to nify NATO’s commitment to avoid any 105–36 the fighting in the former Yugoslavia— new division of Europe, and to con- Europe’s worst conflict since World tribute to its progressive integration. Mr. ROBERTS. Madam President, I War II—and to give the people of that ask unanimous consent that the in- A democratic Russia is and should be region a chance to build a lasting a part of that new Europe. With bipar- junction of secrecy be removed from peace. Our work in Bosnia is not yet the following treaty transmitted to the tisan congressional support, my Ad- complete, but we should be thankful ministration and my predecessor’s Senate on February 11, 1998, by the that NATO existed to unite Allies and President of the United States: have worked with our Allies to support partners in this determined common political and economic reform in Rus- Protocols to the North Atlantic effort. Similarly, we should welcome Treaty of 1949 on accession of Poland, sia and the other newly independent steps such as the Alliance’s enlarge- states and to increase the bonds be- Hungary, and Czech Republic (Treaty ment that can strengthen its ability to Document No. 105–36.) tween them and the rest of Europe. meet future challenges, beginning with NATO’s enlargement and other adapta- I further ask that the treaty be con- NATO’s core mission of collective de- sidered as having been read the first tions are consistent, not at odds, with fense and other missions that we and that policy. NATO has repeatedly dem- time; that it be referred, with accom- our Allies may choose to pursue. panying papers, to the Committee on onstrated that it does not threaten The three states that NATO now pro- Russia and that it seeks closer and Foreign Relations and ordered to be poses to add as full members will make printed; and that the President’s mes- more cooperative relations. We and our the Alliance stronger while helping to Allies welcomed the participation of sage be printed in the RECORD. enlarge Europe’s zone of democratic The PRESIDING OFFICER. Without Russian forces in the mission in Bos- stability. Poland, Hungary, and the nia. objection, it is so ordered. Czech Republic have been leaders in The message of the President is as Central Europe’s dramatic trans- NATO most clearly signaled its inter- follows: formation over the past decade and al- est in a constructive relationship To the Senate of the United States: ready are a part of NATO’s community through the signing in May 1997 of the I transmit herewith Protocols to the of values. They each played pivotal NATO-Russia Founding Act. That Act, North Atlantic Treaty of 1949 on the roles in the overthrow of communist and the Permanent Joint Council it accession of Poland, Hungary, and the rule and repression, and they each created, help to ensure that if Russia Czech Republic. These Protocols were proved equal to the challenge of com- seeks to build a positive and peaceful opened for signature at Brussels on De- prehensive democratic and market re- future within Europe, NATO will be a cember 16, 1997, and signed on behalf of form. Together, they have helped to full partner in that enterprise. I under- the United States of America and the make Central Europe the continent’s stand it will require time for the Rus- other parties to the North Atlantic most robust zone of economic growth. sian people to gain a new under- Treaty. I request the advice and con- All three of these states will be secu- standing of NATO. The Russian people, sent of the Senate to the ratification of rity producers for the Alliance and not in turn, must understand that an open these documents, and transmit for the merely security consumers. They have door policy with regard to the addition Senate’s information the report made demonstrated this through the accords of new members is an element of a new to me by the Secretary of State regard- they have reached with neighboring NATO. In this way, we will build a new ing this matter. states, the contributions they have and more stable Europe of which Rus- The accession of Poland, Hungary, made to the mission in Bosnia, the sia is an integral part. and the Czech Republic to the North forces they plan to commit to the Alli- I therefore propose the ratification of Atlantic Treaty Organization (NATO) ance, and the military modernization these Protocols with every expectation will improve the ability of the United programs they have already begun and that we can continue to pursue produc- States to protect and advance our in- pledge to continue in the years to come tive cooperation with the Russian Fed- terests in the transatlantic area. The at their own expense. These three eration. I am encouraged that Presi- end of the Cold War changed the nature states will strengthen NATO through dent Yeltsin has pledged his govern- of the threats to this region, but not the addition of military resources, ment’s commitment to additional the fact that Europe’s peace, stability, strategic depth, and the prospect of progress on nuclear and conventional and well-being are vital to our own na- greater stability in Europe’s central re- arms control measures. At our summit tional security. The addition of these gion. American troops have worked in Helsinki, for example, we agreed well-qualified democracies, which have alongside soldiers from each of these that once START II has entered into demonstrated their commitment to the nations in earlier times, in the case of force we will begin negotiations on a values of freedom and the security of the Poles, dating back to our own Rev- START III accord that can achieve the broader region, will help deter po- olutionary War. Our cooperation with even deeper cuts in our strategic arse- tential threats to Europe, deepen the the Poles, Hungarians, and Czechs has nals. Similarly, Russia’s ratification of continent’s stability, bolster its demo- contributed to our security in the past, the Chemical Weapons Convention last cratic advances, erase its artificial di- and our Alliance with them will con- year demonstrated that cooperation on vision, and strengthen an Alliance that tribute to our security in the years to a range of security matters will con- has proved its effectiveness during and come. tinue. since the Cold War. The purpose of NATO’s enlargement The Protocols of accession that I NATO is not the only instrument in extends beyond the security of these transmit to you constitute a decision our efforts to help build a new and un- three states, however, and entails a of great consequence, and they involve divided Europe, but it is our most im- process encompassing more than their solemn security commitments. The ad- portant contributor to peace and secu- admission to the Alliance. Accordingly, dition of new states also will entail fi- rity for the region. NATO’s steadfast- these first new members should not nancial costs. While those costs will be ness during the long years of the Cold and will not be the last. No qualified manageable and broadly shared with

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S663 our current and new Allies, they none- our Allies and our partners will enjoy Whereas a recent designation of a portion theless represent a sacrifice by the greater security and freedom in the of Kamchatka as a ‘‘World Heritage Site’’ American people. century that is about to begin. was followed immediately by efforts from en- Successful ratification of these Pro- I therefore recommend that the Sen- vironmental groups to block investment in- tocols demands not only the Senate’s surance for development projects on ate give prompt advice and consent to Kamchatka that are supported by the local advice and consent required by our ratification of these historic Protocols. communities; and Constitution, but also the broader, bi- WILLIAM J. CLINTON. Whereas environmental groups and the Na- partisan support of the American peo- THE WHITE HOUSE, February 11, 1998. tional Park Service have been working to es- ple and their representatives. For that tablish an International Park, a World Herit- f reason, it is encouraging that congres- age Site, and a Marine Biosphere Reserve sional leaders in both parties and both MESSAGES FROM THE PRESIDENT covering parts of western Alaska, eastern chambers have long advocated NATO’s Russia, and the Bering Sea; and Messages from the President of the Whereas, as occurred in Montana, such des- enlargement. I have endeavored to United States were communicated to ignations could be used to block develop- make the Congress an active partner in the Senate by Mr. Williams, one of his ment projects on state and private land in this process. I was pleased that a bipar- secretaries. western Alaska; and tisan group of Senators and Represent- Whereas foreign companies and countries EXECUTIVE MESSAGES REFERRED atives accompanied the U.S. delegation could use such international designations in As in executive session the Presiding at the NATO summit in Madrid last western Alaska to block economic develop- Officer laid before the Senate messages July. Officials at all levels of my Ad- ment that they perceive as competition; and from the President of the United Whereas animal rights activists could use ministration have consulted closely States submitting sundry nominations such international designations to generate with the relevant committees and with which were referred to the appropriate pressure to harass or block harvesting of ma- the bipartisan Senate NATO Observer committees. rine mammals by Alaska Natives; and Group. It is my hope that this pattern Whereas such international designations (The nominations received today are of consultation and cooperation will could be used to harass or block any com- printed at the end of the Senate pro- ensure that NATO and our broader Eu- mercial activity, including pipelines, rail- ceedings.) ropean policies continue to have the roads, and power transmission lines; and f Whereas the President and the executive sustained bipartisan support that was branch of the United States have, by Execu- so instrumental to their success PETITIONS AND MEMORIALS tive Order and other agreements, imple- throughout the decades of the Cold mented these designations without approval War. The following petitions and memo- by the Congress; and The American people today are the rials were laid before the Senate and Whereas actions by the President in apply- direct beneficiaries of the extraor- were referred or ordered to lie on the ing international agreements to lands owned dinary sacrifices made by our fellow table as indicated: by the United States may circumvent the citizens in the many theaters of that POM–337. A joint resolution adopted by the Congress; and Legislature of the State of Alaska; to the Whereas Congressman Don Young intro- ‘‘long twilight struggle,’’ and in the duced House Resolution No. 901 in the 105th two world wars that preceded it. Those Committee on Energy and Natural Re- sources. Congress entitled the ‘‘American Lands Sov- efforts aimed in large part to create ereignty Protection Act of 1997’’ that re- across the breadth of Europe a lasting, HOUSE JOINT RESOLUTION NO. 14 quired the explicit approval of the Congress democratic peace. The enlargement of Whereas the United Nations has designated prior to restricting any use of United States NATO represents an indispensable part 67 sites in the United States as ‘‘World Herit- land under international agreements; age Sites’’ or ‘‘Biosphere Reserves,’’ which of today’s program to finish building Be it resolved, That the Alaska State Legis- altogether are about equal in size to the lature supports the ‘‘American Lands Sov- such a peace, and therefore to repay a State of Colorado, the eighth largest state; ereignty Protection Act’’ that reaffirms the portion of the debt we owe to those and constitutional authority of the Congress as who went before us in the quest for Whereas art. IV, sec. 3, United States Con- the elected representatives of the people freedom and security. stitution, provides that the United States over the federally owned land of the United The rise of new challenges in other Congress shall make all needed regulations States. regions does not in any way diminish governing lands belonging to the United Copies of this resolution shall be sent to the necessity of consolidating the in- States; and the Honorable Ted Stevens and the Honor- creased level of security that Europe Whereas many of the United Nations’ des- able Frank Murkowski, U.S. Senators, and ignations include private property the Honorable Don Young, U.S. Representa- has attained at such high cost. To the inholdings and contemplate ‘‘buffer zones’’ of tive, members of the Alaska delegation in contrary, our policy in Europe, includ- adjacent land; and Congress. ing the Protocols I transmit herewith, Whereas some international land designa- can help preserve today’s more favor- tions such as those under the United States POM–338. A concurrent resolution adopted able security environment in the trans- Biosphere Reserve Program and the Man and by the Legislature of the State of West Vir- atlantic area, thus making it possible Biosphere Program of the United Nations ginia; to the Committee on Foreign Rela- to focus attention and resources else- Scientific, Educational, and Culture Organi- tions. where while providing us with addi- zation operate under independent national HOUSE CONCURRENT RESOLUTION 3 committees such as the United States Na- Whereas, The United States is a signatory tional Allies and partners to help share tional Man and Biosphere Committee that our security burdens. to the 1992 United Nations Framework Con- have no legislative directives or authoriza- vention of Global Climate Change; and The century we are now completing tion from the Congress; and Whereas, In December, 1997, the United has been the bloodiest in all of human Whereas these international designations States participated in negotiations in Kyoto, history. Its lessons should be clear to as presently handled are an open invitation Japan, resulting in the agreement known as us: the wisdom of deterrence, the value to the international community to interfere the Kyoto Protocol, which calls for the of strong Alliances, the potential for in domestic economies and land use deci- United States to reduce emissions of green- overcoming past divisions, and the im- sions; and house gases by 7 percent from 1990 levels dur- perative of American engagement in Whereas local citizens and public officials ing the period A.D. 2008 to 2012, with poten- concerned about job creation and resource Europe. The NATO Alliance is one of tially larger reductions thereafter; and based economies usually have no say in the Whereas, The United States delegation the most important embodiments of designation of land near their homes for in- signed the Protocol on December 10, 1997; these truths, and it is in the interest of clusion in an international land use pro- and the United States to strengthen this gram; and Whereas, The Kyoto Protocol calls for re- proven institution and adapt it to a Whereas former Assistant Secretary of the ductions by other industrial nations from new era. The addition to this Alliance Interior George T. Frampton, Jr., and the 1990 levels by 6 to 8 percent during the same of Poland, Hungary, and the Czech Re- President used the fact that Yellowstone Na- period; and public is an essential part of that pro- tional Park had been designated as a ‘‘World Whereas, Developing nations are exempted Heritage Site’’ as justification for inter- from greenhouse gas emission limitation re- gram. It will help build a Europe that vening in the environmental impact state- quirements of the Framework Convention can be integrated, democratic, free, ment process and blocking possible develop- and refused to accept any new commitments and at peace for the first time in its ment of an underground mine on private for such limitations during the negotiations history. It can help ensure that we and land in Montana outside of the park; and of the Kyoto Protocol; and

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S664 CONGRESSIONAL RECORD — SENATE February 11, 1998 Whereas, The United States relies on car- REPORTS OF COMMITTEE matter c.i. pigment yellow 110; to the bon-based fossil fuels for more than 90 per- Committee on Finance. cent of its total energy supply; and The following report of committee Whereas, The requirements of the Protocol was submitted: S. 1630. A bill to suspend temporarily would bind the United States to more than a By Mr. MURKOWSKI, from the Committee the duty on pigment red 177; to the 35 percent reduction in carbon dioxide emis- on Energy and Natural Resources: Committee on Finance. sions between 2008 and 2012; and Special Report entitled ‘‘History, Jurisdic- Whereas, Research has not reached con- tion, and a Summary of Activities of the LEGISLATION TO SUSPEND TEMPORARILY THE vincing proof that fossil fuel related emis- committee on Energy and Natural Resources DUTY ON CERTAIN CHEMICALS sions is in fact creating global climate During the 104th Congress’’ (Rept. No. 105– changes; and 160). Mr. ROTH. Mr. President, I rise today to introduce nine bills to sus- Whereas, Economic impact studies by the f United States government estimate that the pend temporarily the imposition of du- requirements of the treaty could result in EXECUTIVE REPORTS OF ties on the importation of certain prod- the loss of 900,000 jobs, increased energy COMMITTEES ucts. prices, losses of output in energy intensive industries such as aluminum, steel, rubber, The following executive reports of I am pleased to introduce six bills to chemical and utility production and espe- committees were submitted: suspend temporarily the imposition of cially the coal industry; and By Mr. MURKOWSKI, from the Committee duties on imports of certain chemicals Whereas, The State of West Virginia, being on Energy and Natural Resources: used in the production of pesticides. dependent upon these industries and espe- Margaret Hornbeck Greene, of Kentucky, These chemicals are deltamethrin, cially upon the coal industry, would experi- to be a Member of the Board of Directors of diclofop-methyl, piperonyl butoxide, ence these effects severely, including the the United States Enrichment Corporation resmethrin, thidiazuron and possible loss of thousands of jobs; and for a term expiring February 24, 2003. tralomethrin. By temporarily sus- Whereas, The President of the United Donald J. Barry, of Wisconsin, to be As- States pledged on October 22, 1997, that the sistant Secretary for Fish and Wildlife. pending the imposition of duties, these bills would help AgrEvo USA, a com- United States will not assume binding obli- (The above nominations were re- gations unless key developing nations mean- pany located in Wilmington, Delaware, ported with the recommendation that ingfully participate in this effort; and lower its cost of production and im- they be confirmed, subject to the nomi- Whereas, The failure of key developing na- prove its competitiveness. tions to participate will create unfair com- nees’ commitment to respond to re- petitive imbalances between the United quests to appear and testify before any I am also pleased to introduce three States and these developing nations, poten- duly constituted committee of the Sen- bills to suspend temporarily the impo- tially leading to the transfer of jobs vital to ate.) sition of duties on imports of Pigment the West Virginia economy to developing na- Yellow 109, Yellow 110 and Pigment f tions; and Red 177. These high quality coloring Whereas, On July 25, 1997, the United STATEMENTS ON INTRODUCED materials are imported for sale in the States Senate adopted Senate Resolution No. BILLS AND JOINT RESOLUTIONS 98, expressing the sense of the Senate that United States by Ciba Specialty the United States should not be a signatory By Mr. ROTH: Chemicals Corporation (Pigments Divi- to any protocol or to any other agreement S. 1622. A bill to suspend temporarily sion), a company located in Newport, which would require the advice and consent the duty on deltamethrin; to the Com- Delaware. By temporarily suspending of the Senate to ratify, and which would mittee on Finance. the imposition of duties, these bills mandate new commitments to mitigate S. 1623. A bill to suspend temporarily will reduce significantly the cost of greenhouse gas emissions unless the protocol the duty on diclofop-methyl; to the coloring materials that are used in a or agreement mandates commitments and wide variety of finished products, in- compliance by developing nations; therefore, Committee on Finance. be it S. 1624. A bill to suspend temporarily cluding automotive parts, vinyl floor- Resolved by the Legislature of West Virginia, the duty on piperonyl butoxide; to the ing, carpet fibers and plastic utensils. That the President of the United States is Committee on Finance. I ask unanimous consent that these requested not to sign the Kyoto Protocol so S. 1625. A bill to suspend temporarily bills be printed in the RECORD. long as the possibility of all above men- the duty on resmethrin; to the Com- tioned negative effects upon the American mittee on Finance. There being no objection, the bills economy exists; and, be it S. 1626. A bill to suspend temporarily were ordered to be printed in the Further Resolved, That, in the event that RECORD, as follows: the President signs the Kyoto Protocol, the the duty on thidiazuron; to the Com- Senate of the United States is requested to mittee on Finance. S. 1622 refuse ratification of the Protocol so long as S. 1627. A bill to suspend temporarily the possibility of said effects exits; and, be it the duty on tralomethrin; to the Com- Be it enacted by the Senate and House of Rep- Further Resolved, That the Clerk of the mittee on Finance. resentatives of the United States of America in Congress assembled, House of Delegates shall, immediately upon S. 1628. A bill to suspend temporarily its adoption, transmit duly authenticated the duty on synthetic organic coloring SECTION 1. TEMPORARY SUSPENSION OF DUTY. copies of this resolution to the President of matter c.i. pigment yellow 109; to the the United States, to the President Pro Tem- (a) IN GENERAL.—Subchapter II of chapter pore and the Secretary of the United States Committee on Finance. 99 of the Harmonized Tariff Schedule of the Senate, and to the United States Senators S. 1629. A bill to suspend temporarily United States is amended by inserting in nu- representing West Virginia. the duty on synthetic organic coloring merical sequence the following new heading:

‘‘ 9902.30.18 (1R,3R)-3(2,2-dibromovinyl)-2,2-dimethylcyclopropane-carboxylic acid (S)- alpha-cyano-3-phenoxybenzyl ester (deltamethrin) in bulk or in forms or packings for retail sale (CAS No. 52918–63–5) (provided for in subheading 2926.90.30 or 3808.10.25) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment SECTION 1. TEMPORARY SUSPENSION OF DUTY. S. 1624 made by this section applies with respect to (a) IN GENERAL.—Subheading 9902.30.16 of goods entered, or withdrawn from warehouse Be it enacted by the Senate and House of the Harmonized Tariff Schedule of the for consumption, on or after the 15th day Representatives of the United States of America after the date of enactment of this Act. United States is amended by striking ‘‘12/31/ in Congress assembled, 98’’ and inserting ‘‘12/31/2000’’. SECTION 1. TEMPORARY SUSPENSION OF DUTY. (b) EFFECTIVE DATE.—The amendment S. 1623 made by this section applies with respect to (a) IN GENERAL.—Subchapter II of chapter Be it enacted by the Senate and House of Rep- goods entered, or withdrawn from warehouse 99 of the Harmonized Tariff Schedule of the resentatives of the United States of America in for consumption, on or after the 15th day United States is amended by inserting in nu- Congress assembled, after the date of enactment of this Act. merical sequence the following new heading:

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‘‘ 9902.32.99 5-[[2-(2-butoxyethoxy)ethoxy]m ethyl]-6-propyl-1,3-benzodioxole (piperonyl butoxide) (CAS No. 51–03–6) (provided for in subheading 2932.99.60) ...... Free No change No change On or before 12/31/2000 .... ’’.

(b) EFFECTIVE DATE.—The amendment S. 1625 SECTION 1. TEMPORARY SUSPENSION OF DUTY. made by this section applies with respect to Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Subchapter II of chapter goods entered, or withdrawn from warehouse resentatives of the United States of America in 99 of the Harmonized Tariff Schedule of the for consumption, on or after the 15th day Congress assembled, United States is amended by inserting in nu- after the date of enactment of this Act. merical sequence the following new heading:

‘‘ 9902.32.19 [5-(phenylmethyl)-3-furanyl] methyl 2,2-dimethyl-3-(2-methyl-1-propenyl) cyclopropanecarboxylate (resmethrin) (CAS No. 10453–86–8) (provided for in subheading 2932.19.10) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment SECTION 1. TEMPORARY SUSPENSION OF DUTY. S. 1627 made by this section applies with respect to (a) IN GENERAL.—Subheading 9902.30.17 of Be it enacted by the Senate and House of Rep- goods entered, or withdrawn from warehouse the Harmonized Tariff Schedule of the resentatives of the United States of America in for consumption, on or after the 15th day United States is amended by striking ‘‘12/31/ Congress assembled, after the date of enactment of this Act. 98’’ and inserting ‘‘12/31/2000’’. SECTION 1. TEMPORARY SUSPENSION OF DUTY. (b) EFFECTIVE DATE.—The amendment S. 1626 made by this section applies with respect to (a) IN GENERAL.—Subchapter II of chapter Be it enacted by the Senate and House of Rep- goods entered, or withdrawn from warehouse 99 of the Harmonized Tariff Schedule of the resentatives of the United States of America in for consumption, on or after the 15th day United States is amended by inserting in nu- Congress assembled, after the date of enactment of this Act. merical sequence the following new heading:

‘‘ 9902.30.19 Cyclopropanecarboxylic acid, 2,2-dimethyl-3-(1,2,2,2-tetrabromoethyl)-, cyano(3-phenoxyphenyl)methyl ester (tralomethrin) in bulk or in forms or packages for retail sale (CAS No. 66841–25–6) (provided for in subheading 2926.90.30 or 3808.10.25) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment S. 1628 SECTION 1. TEMPORARY SUSPENSION OF DUTY made by this section applies with respect to ON C.I. PIGMENT YELLOW 109. goods entered, or withdrawn from warehouse Be it enacted by the Senate and House of Rep- Subchapter II of chapter 99 of the Har- for consumption, on or after the 15th day resentatives of the United States of America in monized Tariff Schedule of the United States after the date of enactment of this Act. Congress assembled, is amended by inserting in numerical se- quence the following new heading:

‘‘ 9902.32.00 Benzoic acid, 2,3,4,5-tetrachloro-6-cyano-,methyl ester, reaction product with 2-methyl-1,3-benzenediamine and sodium methoxide (CAS No. 106276-79-3) (provided for in subheading 3204.17.04) ...... Free No change No change On or before 12/31/2000 .... ’’. SEC. 2. EFFECTIVE DATE. S. 1629 SECTION 1. TEMPORARY SUSPENSION OF DUTY The amendment made by this Act applies Be it enacted by the Senate and House of Rep- ON C.I. PIGMENT YELLOW 110. with respect to goods entered, or withdrawn resentatives of the United States of America in (a) IN GENERAL.—Subchapter II of chapter from warehouse for consumption, on or after Congress assembled, 99 of the Harmonized Tariff Schedule of the the 15th day after the date of the enactment United States is amended by inserting in nu- of this Act. merical sequence the following new heading:

‘‘ 9902.32.05 Benzoic acid, 2,3,4,5-tetrachloro-6-cyano-,methyl ester, reaction products with p-phenylenediamine and sodium methoxide (CAS No. 106276-80-6) (provided for in subheading 3204.17.04) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment S. 1630 SECTION 1. TEMPORARY SUSPENSION OF DUTY. made by this section applies with respect to (a) IN GENERAL.—Subchapter II of chapter goods entered, or withdrawn from warehouse Be it enacted by the Senate and House of Rep- 99 of the Harmonized Tariff Schedule of the for consumption, on or after the 15th day resentatives of the United States of America in United States is amended by inserting in nu- after the date of the enactment of this Act. Congress assembled, merical sequence the following new heading:

‘‘ 9902.30.58 Pigment red 177 (CAS No. 4051–63–2) (provided for in subheading 3204.17.04) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment THE PARENTAL FREEDOM OF INFORMATION ACT sion by your child’s school to perform made by this section applies with respect to Mr. HUTCHINSON. Mr. President, psychological exams on your son or goods entered, or withdrawn from warehouse for consumption, on or after the 15th day imagine, if you will, that your daugh- daughter. Should you as a parent in after the date of enactment of this Act. ter is given an assignment by her that situation have a right to approve teacher which requires her to keep a of this exam before it takes place? By Mr. HUTCHINSON (for him- journal, not just a journal of her own Should you as a parent at least be in- self, Mr. DEWINE, Mr. SMITH of intimate and very private thoughts, formed about the impending exams? New Hampshire, Mr. CRAIG, Ms. but of answers to questions that have Finally, Mr. President, imagine that COLLINS, Mr. INHOFE, Mr. FAIR- been posed to her by her teacher. your son is required to take a class in CLOTH, and Mr. HELMS): Should you as a parent have a right to S. 1631. A bill to amend the General know what questions the teacher has ‘‘decisionmaking’’ which you are con- Education Provisions Act to allow par- posed, what questions the teacher has cerned may include discussion of issues ents access to certain information; to asked? that might violate or be contrary to the Committee on Labor and Human Now imagine that a research team the teachings you have espoused and Resources. from a local university is given permis- inculcated in your children in the

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S666 CONGRESSIONAL RECORD — SENATE February 11, 1998 home.Should you, in that cir- the starting point of American edu- actively involved in the education and cumstance, as a parent have a right to cation is parental expectations and pa- upbringing of their children. We don’t review the classroom material prior to rental involvement with their chil- want our public schools to be social or- enrolling your children in that par- dren’s education’’ and that schools phanages that take care of the children ticular class, in that decisionmaking must ‘‘establish a supportive environ- from breakfast until supper. class? ment for family involvement.’’ Then, on the other hand, we allow Despite this important parental role, In each of these three examples, the policies to be enacted in local schools Secretary Riley pointed out that clear and, I think, the obvious answer across this country that resist that ‘‘many parents feel that their right to is yes, parents, as those to whom pri- very desire by many parents, that mary responsibility for the education be involved in school policy—to be full participants in the learning process—is make it difficult, if not impossible, to of their children is entrusted, should be access critical materials being used in allowed to know what questions their being ignored, frustrated or even de- the education of their children. children are being asked; parents nied.’’ In short, Secretary Riley noted The Parental Freedom of Informa- should have the right to decide wheth- that many parents simply do not feel er or not their children are examined ‘‘valued’’ by the schools that educate tion Act will provide parents access to psychologically; parents should have their children. curriculum and to the testing mate- the right to review their children’s cur- So today, I am introducing legisla- rials administered to their children, riculum. tion that will value the role of parents and it will require parental consent Unfortunately, the above examples in educating their children. It will help prior to any student being subjected to are not just random hypotheticals that to establish a supportive environment medical, psychological or psychiatric I dreamed up or that I had my staff for families by guaranteeing parents a examinations, testing or treatment at dream up. These are real-world exam- place at the table in decisions central the school. ples of how public schools are currently to the creation and implementation of This legislation is very basic and usurping the rights of parents to be in- education policies within their local straightforward and, I think, is just formed about the education of their schools. plain common sense. This legislation children. This legislation builds on the already will empower parents by providing Mr. and Mrs. Robinson from Sheri- well-established principles outlined in them access to the information they dan, AR, have yet to learn what ques- the 1974 Family Education Rights and need to oversee and direct the edu- tions were posed to their daughter by Privacy Act, which ensures that par- cation of their children and will slow, her teacher in an in-class journaling ents have access to all records which and hopefully reverse, the establish- assignment. Parents in Monroeville, public schools maintain on their chil- ment of schools as public orphanages. PA, have yet to obtain their children’s dren. The Parental Freedom of Infor- I look forward to pursuing this legis- records maintained as a part of a re- mation Act, which I am introducing lation in committee and with my col- search project run in their children’s today, will strengthen the rights of leagues in the Senate. school by the University of Pittsburgh. parents by guaranteeing them access Mr. President, I ask unanimous con- Parents in California have been forced to the curriculum being used to teach sent that the text of the bill be printed to go to court to view the curriculum their children. Current law, the 1974 in the RECORD. being used in their local school for a law, ensures that parents will have ac- There being no objection, the bill was class that they fear may delve into cess to the records and files that are deeply personal matters. ordered to be printed in the RECORD, as maintained on their children. But we follows: How can this be the case? How can we need to go a step further. We need to have this situation in a country found- build on that successful 1974 legislation S. 1631 ed on the principles of freedom, in a by ensuring that parents also have the Be it enacted by the Senate and House of Rep- country that has always respected the right to access the curriculum being resentatives of the United States of America in parents’ ultimate authority in the used to teach their children. I think it Congress assembled, rearing and education of their chil- is a reasonable provision which allows SECTION 1. SHORT TITLE. dren? How can parents be denied basic parents to review their children’s text- This Act may be cited as the ‘‘Parental information relating to their children’s books, audio-visual materials, manu- Freedom of Information Act’’. education? als, journals, films and any other sup- The answer may lie in a book re- SEC. 2. INFORMATION ACCESS AND CONSENT. plemental material used to educate cently published by Eric Buehrer enti- (a) IN GENERAL.—Section 444 of the General their children. tled ‘‘The Public Orphanage.’’ In this Education Provisions Act (20 U.S.C. 1232g) is On the surface, one would think this book, Mr. Buehrer points out that pub- amended by adding at the end the following: legislation shouldn’t be necessary. I ‘‘(i) INSTRUCTIONAL AND TESTING MATE- lic schools have become ‘‘one-stop so- think most Americans assume that RIALS.— cial service agencies’’ attempting to parents already have the right to go ‘‘(1) IN GENERAL.—No funds shall be made address the needs of children that were available under any applicable program to traditionally the responsibility of the into the school and ask to see the books, ask to see the curriculum mate- any educational agency or institution that children’s parents. has a policy of denying, or that effectively Whether this trend is the errant re- rials, ask to see the supplemental ma- prevents, the parent of an elementary school sult of a legitimate attempt to fill the terials, ask permission to view a film or secondary school student served by such void left in children’s lives with the that might be shown to their children, agency or at such institution, as the case breakdown of the American family, or to look at the journals that are in the may be, the right to inspect and review any whether this trend is part of a more library, and to have basic access to all instructional material used with respect to sinister philosophy based on belief that of the information and all of the cur- the educational curriculum of, or testing riculum materials being used in the material administered to, the student. Each ‘‘Washington or Government knows educational agency or institution shall es- best,’’ it is a trend that is leading to education of their children. But unfor- tunately, the record is now replete tablish appropriate procedures for the grant- lower educational achievement and to ing of a request by parents for access to the less clearly defined standards of right with examples of where parents have instructional material or testing material and wrong for our Nation’s children. In run into a stone wall and have met stiff within a reasonable period of time, but in no short, I think it is a trend that we resistance when they have tried to ob- case more than 30 days after the request has should not allow to continue. tain that kind of basic educational in- been made. The importance of parents in the formation. Information which is so es- ‘‘(2) DEFINITIONS.—In this subsection: education of their children was clearly sential to the education of their chil- ‘‘(A) INSTRUCTIONAL MATERIAL.—The term emphasized in 1994 by Secretary of dren. ‘instructional material’ means a textbook, Education Richard Riley in testimony So we say on one hand, we want par- audio/visual material, manual, journal, film, tape, or any other material supplementary before the Committee on Labor and ents to be supportive, we want parents to the educational curriculum of a student. Human Resources. In this testimony, to be involved, we want parents to at- ‘‘(B) TESTING MATERIAL.—The term ‘testing Secretary Riley, I think very power- tend PTA, we want them to attend par- material’ means a copy of any test (without fully and poignantly, emphasized that ent-teacher conferences, we want them responses) that is administered to a student ‘‘Thirty years of research tells us that to show by their actions that they are during the current or preceding school year,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 8476 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S667 and if available, any statistical comparison bill, and that it can be ready for inclu- GLENN], the Senator from Mississippi data regarding the test results with respect sion when Senate begins work on com- [Mr. COCHRAN], the Senator from Cali- to the student’s age or grade level. The term prehensive duty suspension legislation fornia [Mrs. BOXER], and the Senator does not include a nonclassroom diagnostic this year. from Montana [Mr. BURNS] were added test, a standardized assessment or standard- ized achievement test, or a test subject to a Mr. President, I ask unanimous con- as cosponsors of S. 1305, a bill to invest copyright agreement. sent that the bill be printed in the in the future of the United States by ‘‘(j) RIGHT OF ACCESS.— RECORD. doubling the amount authorized for ‘‘(1) IN GENERAL.—A parent of an elemen- There being no objection, the bill was basic scientific, medical, and pre-com- tary school or secondary school student ordered to be printed in the RECORD, as petitive engineering research. whose right to gain access to information or follows: S. 1308 material made available to the parent under S. 1633 At the request of Mr. BREAUX, the this section during the 30-day compliance pe- riod set forth in subsection (a)(1) or (i)(1) is Be it enacted by the Senate and the House of name of the Senator from North Caro- knowingly or negligently violated may Representatives of the United States of America lina [Mr. FAIRCLOTH] was added as a co- maintain an action for appropriate relief in Congress assembled, that sponsor of S. 1308, a bill to amend the after the last day of such period. Appropriate (a) Subchapter II of Chapter 99 of the Har- Internal Revenue Code of 1986 to ensure relief includes equitable or declaratory relief monized Tariff Schedule of the United States taxpayer confidence in the fairness and and reasonably incurred litigation costs, in- is amended by inserting in numerical se- quence the following new heading: independence of the taxpayer problem cluding a reasonable attorney’s fee. resolution process by providing a more ‘‘(2) LIMITATION.—A civil action under this independently operated Office of the subsection may not commence more than 2 years after the last day of the 30-day compli- ‘‘9902.81.20 Other textile printing Free No No On or be- Taxpayer Advocate, and for other pur- ance period set forth in subsection (a)(1) or machinery (pro- change change fore 12/ poses. vided for in sub- 31/99’’ (i)(1). heading S. 1321 ‘‘(k) PARENTAL CONSENT.—No funds shall 8443.59.10) At the request of Mrs. MURRAY, her be made available under any applicable pro- (b) The amendment made by subsection (a) name was added as a cosponsor of S. gram to an educational agency or institution shall apply to goods entered, or withdrawn 1321, a bill to amend the Federal Water that, as part of an applicable program and from warehouse for consumption, on or after Pollution Control Act to permit grants without the prior, written, informed consent the date that is 15 days after the date of the for the national estuary program to be of the parent of a student, requires the stu- enactment of this Act. dent— used for the development and imple- (c) Notwithstanding section 514 of the Tar- mentation of a comprehensive con- ‘‘(1) to undergo medical, psychological, or iff Act of 1930 or any other provision of law, psychiatric examination, testing, treatment, upon proper request filed with the Customs servation and management plan, to re- or immunization (except in the case of a Service within 180 days after the date of the authorize appropriations to carry out medical emergency); or enactment of this Act, any entry, or with- the program, and for other purposes. ‘‘(2) to reveal any information about the drawal from warehouse for consumption, of S. 1334 student’s personal or family life (except to goods described in subheading 8443.59.10 of the extent necessary to comply with the At the request of Mr. BOND, the name the Harmonized Tariff Schedule of the of the Senator from Kentucky [Mr. Child Abuse Prevention and Treatment Act United States— MCCONNELL] was added as a cosponsor (42 U.S.C. 5101 et seq.)).’’. (1) which was made after December 31, 1997, (b) RIGHT OF ACCESS.—The third sentence and before the date that is 15 days after the of S. 1334, a bill to amend title 10, of section 444(a)(1)(A) of the General Edu- date of the enactment of this Act, and United States Code, to establish a dem- cation Provisions Act (20 U.S.C. (2) with respect to which there would have onstration project to evaluate the fea- 1232g(a)(1)(A)) is amended by striking ‘‘forty- been no duty if the amendment made by sub- sibility of using the Federal Employees five’’ and inserting ‘‘30’’. section (a) applied to such entry or with- Health Benefits program to ensure the drawal, By Mr. CHAFEE: availability of adequate health care for S. 1633. A bill to suspend through De- shall be liquidated or reliquidated as if such Medicare-eligible beneficiaries under amendment applied to such entry or with- the military health care system. cember 31, 1999, the duty on certain drawal. textile machinery; to the Committee S. 1365 on Finance. f At the request of Ms. MIKULSKI, the DUTY SUSPENSION LEGISLATION ADDITIONAL COSPONSORS name of the Senator from California [Mrs. BOXER] was added as a cosponsor Mr. CHAFEE. Mr. President, this S. 112 of S. 1365, a bill to amend title II of the afternoon I am introducing legislation At the request of Mr. MOYNIHAN, the Social Security Act to provide that the to suspend the duty on the importation name of the Senator from Rhode Island reductions in social security benefits of certain textile printing machines [Mr. REED] was added as a cosponsor of which are required in the case of that are used by textile manufacturers S. 112, a bill to amend title 18, United spouses and surviving spouses who are in the United States. States Code, to regulate the manufac- also receiving certain Government pen- These particular machines are used ture, importation, and sale of ammuni- sions shall be equal to the amount by for the printing of patterns, designs tion capable of piercing police body which two-thirds of the total amount and motifs on fabrics—an important armor. process in the making of textile goods. of the combined monthly benefit (be- S. 879 However, none of these machines are fore reduction) and monthly pension At the request of Mr. FEINGOLD, the made in the United States. That means exceeds $1,200, adjusted for inflation. name of the Senator from Illinois [Mr. domestic manufacturers must import S. 1391 DURBIN] was added as a cosponsor of S. these machines at considerable cost, At the request of Mr. DODD, the 879, a bill to provide for home and com- which does not help their ability to names of the Senator from Arkansas munity-based services for individuals compete in what is an increasingly [Mr. BUMPERS], the Senator from with disabilities, and for other pur- challenging market. Yet since there is Rhode Island [Mr. CHAFEE], the Senator poses. no domestic industry producing these from Illinois [Mr. DURBIN], the Senator machines, the duties serve little pur- S. 1252 from Wisconsin [Mr. FEINGOLD], the pose. At the request of Mr. D’AMATO, the Senator from California [Mrs. FEIN- The bill I am introducing would lift name of the Senator from Michigan STEIN], the Senator from Iowa [Mr. the duty imposed on these machines. It [Mr. LEVIN] was added as a cosponsor of HARKIN], the Senator from Massachu- is my hope that by doing so, we will be S. 1252, a bill to amend the Internal setts [Mr. KENNEDY], the Senator from helping the textile industry in this Revenue Code of 1986 to increase the Massachusetts [Mr. KERRY], the Sen- country to improve its competitiveness amount of low-income housing credits ator from Nebraska [Mr. KERREY], the and maintain its workforce, both in which may be allocated in each State, Senator from Indiana [Mr. LUGAR], the Rhode Island and around the nation. and to index such amount for inflation. Senator from New York [Mr. MOY- By introducing this legislation S. 1305 NIHAN], the Senator from Rhode Island today, I believe there should be ample At the request of Mr. GRAMM, the [Mr. REED], and the Senator from Min- time for review and comment on the names of the Senator from Ohio [Mr. nesota [Mr. WELLSTONE] were added as

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S668 CONGRESSIONAL RECORD — SENATE February 11, 1998 cosponsors of S. 1391, a bill to authorize tion of payment under the medicare S. 1611 the President to permit the sale and program for home health services con- At the request of Mrs. FEINSTEIN, the export of food, medicines, and medical sisting of venipuncture solely for the name of the Senator from Illinois (Ms. equipment to Cuba. purpose of obtaining a blood sample, MOSELEY-BRAUN) was added as a co- S. 1396 and to require the Secretary of Health sponsor of S. 1611, A bill to amend the At the request of Mr. JOHNSON, the and Human Services to study potential Public Health Service Act to prohibit name of the Senator from Nevada [Mr. fraud and abuse under such program any attempt to clone a human being REID] was added as a cosponsor of S. with respect to such services. using somatic cell nuclear transfer and 1396, a bill to amend the Child Nutri- S. 1593 to prohibit the use of Federal funds for tion Act of 1966 to expand the School At the request of Mr. BREAUX, the such purposes, to provide for further Breakfast Program in elementary name of the Senator from Nevada (Mr. review of the ethical and scientific schools. REID) was added as a cosponsor of S. issues associated with the use of so- S. 1406 1593, A bill to amend the Controlled matic cell nuclear transfer in human beings, and for other purposes. At the request of Mr. SMITH, the Substances Act and the Controlled names of the Senator from Oregon [Mr. Substances Import and Export Act S. 1618 WYDEN], the Senator from North Da- with respect to penalties for powder co- At the request of Mr. MCCAIN, the kota [Mr. DORGAN], and the Senator caine and crack cocaine offenses. name of the Senator from North Da- ORGAN from Nebraska [Mr. HAGEL] were added S. 1599 kota (Mr. D ) was added as a co- sponsor of S. 1618, A bill to amend the as cosponsors of S. 1406, a bill to amend At the request of Mr. HELMS, his Communications Act of 1934 to improve section 2301 of title 38, United States name was added as a cosponsor of S. the protection of consumers against Code, to provide for the furnishing of 1599, A bill to amend title 18, United ‘‘slamming’’ by telecommunications burial flags on behalf of certain de- States Code, to prohibit the use of so- carriers, and for other purposes. ceased members and former members matic cell nuclear transfer technology of the Selected Reserve. for purposes of human cloning. S. 1619 At the request of Mr. MCCAIN, the S. 1422 At the request of Mr. BOND, the name names of the Senator from Alaska (Mr. At the request of Mr. MCCAIN, the of the Senator from Ohio (Mr. DEWINE) name of the Senator from Maine [Ms. was added as a cosponsor of S. 1599, STEVENS), the Senator from Hawaii (Mr. INOUYE), the Senator from Texas SNOWE] was added as a cosponsor of S. supra. (Mrs. HUTCHISON), and the Senator 1422, a bill to amend the Communica- S. 1601 from Wisconsin (Mr. KOHL) were added tions Act of 1934 to promote competi- At the request of Mr. HELMS, his tion in the market for delivery of mul- as cosponsors of S. 1619, A bill to direct name was added as a cosponsor of S. the Federal Communications Commis- tichannel video programming and for 1601, A bill to amend title 18, United other purposes. sion to study systems for filtering or States Code, to prohibit the use of so- blocking matter on the Internet, to re- S. 1461 matic cell nuclear transfer technology quire the installation of such a system At the request of Mr. LAUTENBERG, for purposes of human cloning. on computers in schools and libraries the name of the Senator from Oregon At the request of Mr. BOND, the name with Internet access, and for other pur- [Mr. SMITH] was added as a cosponsor of the Senator from Ohio (Mr. DEWINE) poses. of S. 1461, a bill to establish a youth was added as a cosponsor of S. 1601, SENATE JOINT RESOLUTION 30 mentoring program. supra. At the request of Mr. WARNER, the S. 1563 S. 1602 name of the Senator from Alabama At the request of Mr. SMITH, the At the request of Mrs. FEINSTEIN, the (Mr. SHELBY) was added as a cosponsor name of the Senator from Mississippi name of the Senator from Illinois (Ms. of Senate Joint Resolution 30, A joint [Mr. COCHRAN] was added as a cospon- MOSELEY-BRAUN) was added as a co- resolution designating March 1, 1998 as sor of S. 1563, A bill to amend the Im- sponsor of S. 1602, A bill to amend the ‘‘United States Navy Asiatic Fleet Me- migration and Nationality Act to es- Public Health Service Act to prohibit morial Day,’’ and for other purposes. tablish a 24-month pilot program per- any attempt to clone a human being At the request of Mrs. MURRAY, her mitting certain aliens to be admitted using somatic cell nuclear transfer and name was added as a cosponsor of Sen- into the United States to provide tem- to prohibit the use of Federal funds for ate Joint Resolution 30, supra. porary or seasonal agricultural serv- such purposes, to provide for further SENATE CONCURRENT RESOLUTION 30 ices pursuant to a labor condition at- review of the ethical and scientific At the request of Mr. HELMS, the testation. issues associated with the use of so- name of the Senator from Oklahoma S. 1577 matic cell nuclear transfer in human (Mr. NICKLES) was added as a cosponsor At the request of Mr. CHAFEE, the beings, and for other purposes. of Senate Concurrent Resolution 30, A name of the Senator from Mississippi S. 1604 concurrent resolution expressing the (Mr. COCHRAN) was added as a cospon- At the request of Mr. D’AMATO, the sense of the Congress that the Republic sor of S. 1577, A bill to amend the In- names of the Senator from Mississippi of China should be admitted to multi- ternal Revenue Code of 1986 to provide (Mr. COCHRAN), the Senator from lateral economic institutions, includ- additional tax relief to families to in- Vermont (Mr. JEFFORDS), and the Sen- ing the International Monetary Fund crease the affordability of child care, ator from South Carolina (Mr. HOL- and the International Bank for Recon- and for other purposes. LINGS) were added as cosponsors of S. struction and Development. S. 1578 1604, A bill to amend title XVIII of the SENATE RESOLUTION 171 At the request of Mr. COATS, the Social Security Act to repeal the re- At the request of Mr. SPECTER, the name of the Senator from Michigan striction on payment for certain hos- name of the Senator from Nevada (Mr. (Mr. ABRAHAM) was added as a cospon- pital discharges to post-acute care im- BRYAN) was added as a cosponsor of sor of S. 1578, A bill to make available posed by section 4407 of the Balanced Senate Resolution 171, A resolution on the Internet, for purposes of access Budget Act of 1997. designating March 25, 1998, as ‘‘Greek and retrieval by the public, certain in- S. 1605 Independence Day: A National Day of formation available through the Con- At the request of Mr. CAMPBELL, the Celebration of Greek and American De- gressional Research Service web site. names of the Senator from Rhode Is- mocracy.’’ S. 1580 land (Mr. REED) and the Senator from AMENDMENT NO. 1397 At the request of Mr. SHELBY, the Wisconsin (Mr. KOHL) were added as co- At the request of Mr. THURMOND his name of the Senator from West Vir- sponsors of S. 1605, A bill to establish a name was withdrawn as a cosponsor of ginia (Mr. BYRD) was added as a co- matching grant program to help Amendment No. 1397 intended to be sponsor of S. 1580, A bill to amend the States, units of local government, and proposed to S. 1173, A bill to authorize Balanced Budget Act of 1997 to place an Indian tribes to purchase armor vests funds for construction of highways, for 18-month moratorium on the prohibi- for use by law enforcement officers. highway safety programs, and for mass

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S669 transit programs, and for other pur- cision, and directs the U.S. Trade Rep- in the Kodak-Fuji case that went poses. resentative to take action if the EU against us. We do not have to like the f fails to do so. decision. But we have to respect the This dispute goes back to 1989 when dispute resolution process. SENATE CONCURRENT RESOLU- the EU banned all imports of meat The concurrent resolution also states TION 74—RELATIVE TO THE EU- from animals treated with growth hor- if the Europeans do not immediately ROPEAN UNION mones. About 90% of U.S. cattle is comply with the decision and open its Mr. GRASSLEY (for himself, Mr. treated with hormones. They have been markets, the U.S. Trade Representa- BOND, Mr. BROWNBACK, and Mr. ROB- found to be safe by every country that tive should take action. I leave it up to ERTS) submitted the following concur- has studied them. In fact, twice the EU the able USTR to decide what action is rent resolution; which was referred to commissioned its own scientists to appropriate. But we cannot stand by the Committee on Finance: study the hormones and found them to and allow this decision to be ignored. S. CON. RES. 74 be safe. Mr. President, enough is enough. The Mr. President, to put these growth Whereas the European Union has banned private sector and several government imports of United States beef treated with hormones in perspective: A person agencies have spent significant time hormones since 1989; would have to eat 169 pounds of beef and money attempting to resolve this Whereas 9 out of 10 United States cattle from an animal treated with a growth dispute. And they have been proven to are treated with growth promoting hor- hormone in order to consume the equal be correct. The European beef ban is mones; amount of that hormone present in simply a trade barrier, disguised as a Whereas growth promoting hormones have one, single egg. They are completely health concern. No scientific evidence been deemed safe by all countries that have safe for human consumption. exists to justify it. And the WTO has reviewed the use of such hormones, including Yet, nine years ago, the EU decided reviews by European Union scientists in 2 said so. Now is the time for the EU to separate studies; to ban this meat from coming into its end the ban and allow American farm- Whereas since the implementation of the market. At that time, there was little ers and ranchers a fair chance to com- European Union ban, United States cattle we could do to counter the ban. We ne- pete in the European market. producers have lost hundreds of millions of gotiated with the EU and even imposed dollars in exports; sanctions, but nothing has worked. f Whereas the United States beef industry Then came the Uruguay Round loses approximately $250,000,000 in annual Agreement. For the first time, mem- SENATE CONCURRENT RESOLU- sales due to the ban; bers of the GATT agreed to eliminate TION 75—HONORING THE SESQUI- Whereas the United States beef industry, trade barriers not founded on a sound, the United States Department of Agri- CENTENNIAL OF WISCONSIN culture, and the United States Trade Rep- scientific basis. In other words, trade STATEHOOD resentative have invested substantial re- decisions would be made on sound Mr. FEINGOLD (for himself and Mr. science, not political science. Clearly, sources to comply with strict dispute settle- KOHL) submitted the following concur- ment procedures of the World Trade Organi- the beef ban was not based on sound rent resolution; which was referred to zation; science. the Committee on the Judiciary. Whereas the Dispute Settlement panel and In 1996, the U.S. requested a WTO the Appellate Body of the World Trade Orga- panel to determine whether the EU S. CON. RES. 75 nization have ruled that the European had breached the Sanitary and Whereas the land that comprises the State Union’s ban of United States beef is not Phytosanitary Agreement of the Uru- of Wisconsin has been home to numerous Na- based on sound science or supported by a tive American tribes for many years; risk assessment and is therefore in violation guay Round. In August of last year, the Whereas Jean Nicolet, who was the first of the World Trade Organization’s Agree- panel found in favor of the U.S. posi- known European to land in what was to be- ment on the Application of Sanitary and tion and the decision was affirmed in come Wisconsin, arrived on the shores of Phytosanitary Measures; and January. So the WTO has decided that Green Bay in 1634; Whereas noncompliance by the European the European’s ban on U.S. beef vio- Whereas Father Jacques Marquette and Union regarding the ban on United States lates the S/PS Agreement and must be Louis Joliet discovered the Mississippi beef threatens the integrity of both the removed immediately. River, one of the principal waterways of Agreement on the Application of Sanitary Mr. President, you would think that North America, at Prairie du Chien on June and Phytosanitary Measures and the World would be the final word on this issue. 17, 1673; Trade Organization as a dispute settlement Whereas Charles de Langlade founded at body: Now, therefore, be it But the trade press is reporting that Green Bay the first permanent European set- Resolved by the Senate (the House of Rep- the Europeans are looking for ways tlement in Wisconsin in 1764; resentatives concurring), That it is the sense around the decision. They want to Whereas, before becoming a State, Wis- of the Congress that— study the issue a little longer. Even consin existed under 3 flags, becoming part (1) the United States expects the European though the ban has already been in of the British colonial territory under the Union to immediately and completely com- place for nine years. Treaty of Paris in 1763, part of the Province ply with the World Trade Organization’s rul- It seems to me that they have had of Quebec under the Quebec Act of 1774, and ing and grant United States beef producers enough time. Our farmers have suffered a territory of the United States under the access to the European market; and Second Treaty of Paris in 1783; (2) the United States Trade Representative the effects of this ban for too long. Whereas on July 3, 1836, the Wisconsin Ter- should take immediate action to open Euro- When the ban was put in place in 1989, ritory was created from part of the North- pean markets to United States beef pro- we were sending $100 million of beef an- west Territory with Henry Dodge as its first ducers in the event the European Union fails nually to Europe. If the ban was lifted, governor and Belmont as its first capital; to comply with the World Trade Organiza- it is estimated that beef exports would Whereas the city of Madison was chosen as tion’s ruling. total about $250 million per year. the Wisconsin Territory’s permanent capital Mr. GRASSLEY. Mr. President, I rise American beef producers literally have in the fall of 1836 and construction on the today to submit a concurrent resolu- lost hundreds of millions of dollars due Capitol Building began in 1837; tion to open the European market to Whereas, pursuant to legislation signed by to this unjustified ban. President James K. Polk, Wisconsin joined U.S. beef exports. Last month, the Ap- This concurrent resolution says to the United States as the 30th state on May pellate Body of the World Trade Orga- the Europeans, open your markets. 29, 1848; nization affirmed the earlier findings You would had your day in court, now Whereas members of Native American of the WTO that Europe’s ban on U.S. it is time to abide by the judge’s deci- tribes have greatly contributed to the unique beef violates commitments made under sion. culture and identity of Wisconsin by lending the Uruguay Round Agreement. The If the WTO is to have long-standing words from their languages to the names of decision should clear the way for U.S. legitimacy as an objective arbiter of many places in the State and by sharing beef producers to sell their product to international trade disputes, its deci- their customs and beliefs with others who chose to make Wisconsin their home; Europe. sions must be respected and complied Whereas the Wisconsin State Motto of This concurrent resolution requests with. We expect the Europeans to re- ‘‘Forward’’ was adopted in 1851; the European Union to open its market spect this decision, just as the United Whereas Chester Hazen built Wisconsin’s immediately, in light of the WTO’s de- States has complied with the decision first cheese factory in the town of Ladoga in

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S670 CONGRESSIONAL RECORD — SENATE February 11, 1998 1864, laying the groundwork for one of the COMMITTEE ON RULES AND ADMINISTRATION Wednesday, February 11, 1998 beginning State’s biggest industries; Mr. WARNER. Mr. President, I wish at 10:00 a.m. in room 215 Dirksen. Whereas Wisconsin established itself as a to announce that the Committee on The PRESIDING OFFICER. Without leader in recognizing the contributions of Af- Rules and Administration will meet in objection, it is so ordered. rican Americans by being the only State in the union to openly defy the Fugitive Slave SR–301, Russell Senate Office Building, COMMITTEE ON FOREIGN RELATIONS Law; on Wednesday, February 25, 1998 at 9:30 Mr. HUTCHINSON. Mr. President, I Whereas the first recognized Flag Day a.m. to conduct an oversight hearing ask unanimous consent that the Com- celebration in the United States took place on the strategic plan implementation mittee on Foreign Relations be author- at Stony Hill School in Waubeka, Wisconsin, including budget requests for the oper- ized to meet during the session of the on June 14, 1885; ations of the Office of the Secretary of Senate on Wednesday, February 11, 1998 Whereas Wisconsin has sent 859,489 of its the Senate, the Sergeant at Arms, and at 10:00 a.m. to hold a hearing. sons and daughters to serve the United the Architect of the Capitol. The PRESIDING OFFICER. Without States in the Civil War, the Spanish-Amer- ican War, World War I, World War II, Korea, For further information concerning objection, it is so ordered. Vietnam, the Persian Gulf, and Somalia; this hearing, please contact Ed Edens COMMITTEE ON LABOR AND HUMAN RESOURCES Whereas 26,653 Wisconsinites have lost of the Rules Committee staff at 224– Mr. HUTCHINSON. Mr. President, I their lives serving in the Armed Forces of 6678. ask unanimous consent that the Com- the United States; COMMITTEE ON RULES AND ADMINISTRATION mittee on Labor and Human Resources Whereas Wisconsin allowed African Ameri- Mr. WARNER. Mr. President, I wish Subcommittee on Public Health and cans the right to vote as early as 1866 and Safety be authorized to meet for a adopted a public accommodation law as to announce that the Committee on early as 1895; Rules and Administration will meet in hearing on Agency for Health Care Pol- Whereas on June 20, 1920, Wisconsin be- SR–301, Russell Senate Office Building, icy and Research during the session of came the first State to adopt the 19th on Thursday, February 26, 1998 at 9:30 the Senate on Wednesday, February 11, Amendment, granting women the right to a.m. to receive testimony from Senator 1998, at 9:30 a.m. vote; McCain on S. 1578, to make certain in- The PRESIDING OFFICER. Without Whereas in 1921 Wisconsin adopted a law formation available through the CRS objection, it is so ordered. establishing equal rights for women; web site; and to conduct an oversight SELECT COMMITTEE ON INTELLIGENCE Whereas Wisconsin celebrated the centen- nial of its statehood on May 29, 1948; hearing on the budget requests and op- Mr. HUTCHINSON. Mr. President, I Whereas many Wisconsinites have served erations of the Government Printing ask unanimous consent that the Select the people of Wisconsin and the people of the Office, the National Gallery of Art, and Committee on Intelligence be author- United States and have contributed to the the Congressional Research Service. ized to meet during the session of the common good in a variety of capacities, from For further information concerning Senate on Wednesday, February 11, 1998 inventor to architect, from furniture maker this hearing, please contact Ed Edens at 10:00 a.m. to hold an open hearing to Cabinet member, from brewer to Nobel of the Rules Committee staff at 224– and at 2:30 p.m. to hold a closed mark- Prize winner; 6678. up. Whereas the State of Wisconsin enjoys a The PRESIDING OFFICER. Without diverse cultural, racial, and ethnic heritage f objection, it is so ordered. that mirrors that of the United States; AUTHORITY FOR COMMITTEES TO Whereas May 29, 1998, marks the 150th an- SUBCOMMITTEE ON FINANCIAL INSTITUTIONS niversary of Wisconsin statehood; and MEET AND REGULATORY RELIEF Whereas a stamp commemorating Wiscon- COMMITTEE ON ENERGY AND NATURAL Mr. HUTCHINSON. Mr. President, I sin’s sesquicentennial will be issued by the RESOURCES ask unanimous consent that the Sub- United States Postal Service on May 29, 1998: Mr. HUTCHINSON. Mr. President, I committee on Financial Institutions Now therefore, be it ask unanimous consent that the Com- and Regulatory Relief of the Com- Resolved by the Senate (the House of Rep- mittee on Banking, Housing, and resentatives concurring), That Congress— mittee on Energy and Natural Re- (1) honors the proud history of Wisconsin sources be granted permission to meet Urban Affairs be authorized to meet statehood; and during the session of the Senate on during the session of the Senate on (2) encourages all Wisconsinites to reflect Wednesday, February 11, for purposes Wednesday, February 11, 1998, to con- on the State’s distinguished past and look of conducting a Full Committee busi- duct a hearing on bankruptcy reform. forward to the State’s promising future. ness meeting which is scheduled to The PRESIDING OFFICER. Without SEC. 2. TRANSMITTAL OF CONCURRENT RESOLU- begin at 9:30 a.m. The purpose of this objection, it is so ordered. TION. business meeting is to consider pending f Congress directs the Secretary of the Sen- calendar business. ate to transmit an enrolled copy of this con- ADDITIONAL STATEMENTS current resolution to each member of the The PRESIDING OFFICER. Without Wisconsin Congressional Delegation, the objection, it is so ordered. Governor of Wisconsin, the National Ar- COMMITTEE ON ENERGY AND NATURAL HERO OF THE HOLOCAUST chives, the State Historical Society of Wis- RESOURCES ∑ Mr. LIEBERMAN. Mr. President, I consin, and the members of the Wisconsin Mr. HUTCHINSON. Mr. President, I Sesquicentennial Commission. rise to pay tribute to Mr. Hiram Bing- ask unanimous consent that the Com- ham IV, a Connecticut native, who f mittee on Energy and Natural Re- risked his life and sacrificed his career sources be granted permission to meet to rescue thousands of Jews from the NOTICES OF HEARINGS during the session of the Senate on Nazis while serving as a U.S. diplomat PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Wednesday, February 11, for purposes in Vichy France. Mr. Bingham per- Ms. COLLINS. Mr. President, I would of conducting a full committee hearing formed these services despite the oppo- like to announce for the information of which is scheduled to begin at 9:30 a.m. sition of his superiors in France and in the Senate and the public that the Per- The purpose of this hearing is to re- Washington, displaying a courage of manent Subcommittee on Investiga- ceive testimony on S. 1069, a bill to conviction which demands both our tions of the Committee on Govern- designate the American Discovery recognition and greatest respect. mental Affairs, will hold a field hear- Trail as a national trail, a newly estab- Hiram Bingham IV died in 1987 and it ing over the President’s Day Holiday in lished national trail category, and S. was only last year that his son, Wil- Portland, Maine on Unauthorized Long 1403, a bill to establish a historic light- liam S. Bingham, discovered the Distance Switching (‘‘Slamming’’). house preservation program, within the records which brought his father’s ex- This hearing will take place on National Park Service. ploits to light. Survivors whom Hiram Wednesday, February 18th, 1998, at 9:30 The PRESIDING OFFICER. Without Bingham helped rescue have now peti- a.m., at the Portland City Hall Council objection, it is so ordered. tioned Yad Vashem, Israel’s Holocaust Chambers, 389 Congress Street, Port- COMMITTEE ON FINANCE Memorial, that he be honored as a land, Maine. For further information, Mr. HUTCHINSON. Mr. President, ‘‘righteous gentile’’ for having put his please contact Timothy J. Shea of the the Finance Committee requests unani- life and career on the line to save Jew- Subcommittee staff at 202/224–3721. mous consent to conduct a hearing on ish refugees.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S671 Hiram Bingham IV never sought There were copies of passport photos and mired Chagall and had become his friend glory for himself but as a man who put ‘‘official’’ documents and papers used by the during the crisis. My father’s journal entries service to others before all other con- escapees to gain freedom from the con- revealed that Chagall had gracefully admired siderations he has earned our apprecia- centration camps and to escape the Holo- my father’s rather traditional portraits and caust. landscapes during meetings at my father’s tion as a true American hero. In doing As a vice consul in the U.S. Consulate in villa in Marseilles while they were planning so he has extended the remarkable pub- Marseilles, France, when the Nazis invaded his escape, and Chagall told him always to lic service and honorable reputation of and took Paris in the summer of 1940, my dad paint large canvases and never conform to the Bingham family, one of Connecti- became a government expert on Nazis and what others wanted him to paint. cut’s great families. Fascists, and a key agent in the secret res- I remembered the tale of Lion Mr. President, I ask that an article cue operation of thousands of Jewish and Feuchtwanger, who was smuggled out of a by William Bingham in the New Lon- other political refugees from war-torn Eu- concentration camp at Nimes dressed up as rope. The whole rescue operation, encour- woman at the direction of my father and hid- don Day be printed in the RECORD. aged and supported by Eleanor Roosevelt, den at my father’s villa for two months, The article follows: was kept in large part secret even from his passed off as his mother-in-law from [From the New London Day, Oct. 5, 1997] State Department superiors, because many Waycross, Ga., to fool the neighbors and the A MAN FROM SALEM EMERGES AS A HERO OF of them at first supported Hitler. Some in Gestapo and spies at the U.S. Consulate. THE HOLOCAUST: HIRAM BINGHAM IV the U.S. government believed Hitler would Feuchtwanger, I learned, was Hitler’s Public (By William S. Bingham) win the war and felt that the U.S. should Enemy Number One, because of his historical maintain favorable political, social and eco- novel, ‘‘The Oppermans,’’ which exposed Hit- When we lose a loved one, we struggle des- nomic relations with the Nazis. ler and the evils of Nazism in 1933. perately to recollect bits and pieces of a life In the face of strident and vocal opposition Hitler stripped Feuchtwanger of his Ger- lived and finished. We hang tightly onto the from his own bosses in France and Wash- man citizenship, and the Nazis issued a death slightest memories that have meaning for ington, my father helped establish a clandes- warrant for him before he fled to France, us. Gradually, the memories fade and the tine operation of international operatives where the pro-Nazi Vichy government held vividness of those who were once alive grows smuggling Hitler’s ‘‘most wanted’’ enemies— him until he was rescued. When it was dim. But parchment and celluloid, letters predominantly Jewish intellectuals, political leaked to members of the U.S. Consulate and photographs allow us to recapture our activists and artists who opposed Nazism— that my father was hiding Feuchtwanger and loved ones’ lives. These images and words through an underground railroad system his wife at my father’s villa, my father soon left behind in journals, books and cor- across Europe to gain safe passage through realized that his own life was in danger—so respondence allow us to revisit the life and Africa, the Caribbean and Latin America to he put a pseudonym ‘‘Lion Wetcheek’’ on times of our loved ones and the history they the United States and other safe harbors. Feuchtwanger’s passport and arranged that embrace. Some of my father’s collaborators formed the Feuchtwangers be smuggled on a Such was the journey I started when I Maquis, guerrilla-resistance cadres, to fight footpath over the Pyrenees Mountains into began investigating my father’s secret his- the Nazis in the countryside. Spain and on to Lisbon, Portugal, where tory as a covert operative in a mission to But my father’s role in the operation had they caught a steamship to New York City. rescue Jews, artists and other political fig- to remain secret from his superiors, his fam- The code words for them in this operation ures from the Nazis during World War II. ily and all but his closest friends, because he were ‘‘Harry’s friends.’’ I cannot say I know everything about my followed a moral imperative to aid Jews and I vaguely remembered the names of Rudolf father. Most of him is still a mystery to me. other political refugees in violation of offi- Breitscheid and Rudolf Hilferding, whom my But almost 10 years after the death of my fa- cial U.S. policy, regulations and laws. My fa- parents would discuss in hushed and sad- ther, Hiram Bingham IV, I discovered a ther’s superiors in the State Department and dened voices. Although their names rang a cache of diaries and documents tightly other branches of government who favored bell in my recollections from youth, I never bound in manila folders by hay bale rope and accommodation and cooperation with Hitler knew who they were or what happened to them. The two Rudolfs were Hitler’s greatest masking tape, buried deep in the dust and had forbidden official and unofficial support political enemies in the Reichstag. Old polit- cobwebs of an ancient linen closet tucked by for the operation. colonial design into the wall behind the fire- It was only because of Eleanor Roosevelt’s ical activists in Germany, they too were place in my family’s 230-year-old pre-Revolu- quiet support, pressuring Franklin D. Roo- stripped of German citizenship by Hitler and tionary homestead in Salem. In these bound sevelt to permit the operation, and my fa- fled to France. folders and files marked simply ‘‘H.B.—Per- ther’s Washington contacts through his own MET IN BROTHELS sonal Notes—Marseilles—1940,’’ which had father (former Connecticut Gov. and U.S. Some of the rescue team would meet in lain untouched for more than a half-century, Sen. Hiram Bingham III), that my father Marseilles brothels with their prospective I discovered chilling evidence of my father’s himself was not arrested and prosecuted for escapees, because it was one of the few places secret role in thwarting the spread of Nazism violating ‘‘official’’ U.S. law and policy. But where discretion and hushed conversation in and in rescuing thousands of Jews from the my father suffered retaliatory treatment at English and other foreign languages could Nazis. the hands of his superiors and feared govern- take place without arousing the suspicion of After my father died in 1987, I discovered ment prosecution if the extent of his role in the proprietors. On occasion, some of the he was a silent hero of the Holocaust. As the planning and execution of rescue mis- women in the team (Americans among them) with almost all intelligence operatives, he sions was known. would entice pro-Nazi guards and policemen maintained secrecy about most of his actions Why were the Nazis chasing Chagall? In in order to distract them, or get them drunk from everyone except those who had a need the pictures and letters it became clear that so that rescue operations could proceed with to know up to the time of his death. He kept my father was instrumental in saving little or no interruption. Other meetings his silence because he himself became a vic- Chagall, but why did he need to? Why did the took place in jazz clubs, until the Nazis for- tim of pro-Nazi elements and Nazi sympa- Nazis want to exterminate the surrealist art- bade jazz, or at my father’s villa in the thizers in the U.S. government and, in his ists like Max Ernst, Marcel Duchamp and evening after his work in the visa section of role as a rescuer, he took actions which were Andre Masson, or the surrealist poet Andre the consulate was finished for the day. condemned by his superiors and contravened Breton, or the novelists? Until I discovered these papers, only a few U.S. laws and policy. My father’s story con- Because surrealism was a threat to Na- individuals knew my father’s role: those who tained in these hidden papers sheds a small zism—it was nonconformist and often con- worked closely with him and a handful of ray of light on one of the darkest periods in tained political messages that were the an- those he helped rescue. Some, like the art- human history. tithesis of Nazism, totalitarianism and na- ists Marc Chagall, Max Ernst and Andre Among his papers were secret memos, pho- tionalism. Masson—and writers Victor Serge, Lion tographs and reports on the concentration My father was an artist and philosopher Feuchtwanger and Franz Werfel and the fam- camps, maps and notes on escape routes and till the end of his life. He would sit on an old ily of Thomas Mann—were close to my fa- meetings of the anti-Nazi conspirators. beat-up chair by the bathtub, where he ther during their own escapes. But because There were reports on Nazi propaganda, hid- would place his large-framed canvases flat my father had to keep his actions secret den Nazi gold and war criminals and the on the porcelain rim of the tub and paint his from his own government superiors and fel- ‘‘Fifth Column’’ (Nazi civilian infiltrators surreal visions while listening to Beethoven low employees, some of whom were sup- worldwide). There were accounts and descrip- and Brahms. He liked the subdued light from porters of and informants for the Nazis, he tions of Nazi agents and suspected agents the west through a small window there, and could not reveal his role in planning and exe- within and without the U.S. consulate in he could rotate his paintings to adapt to the cuting the escapes of the refugees to any but Marseilles and embassies in Europe and swirls of his ‘‘music on canvas,’’ as he called a select few of the escapees who were Latin America and their methodology for it. You could turn the panting upside down staunch anti-Nazi activits and conspirators world conquest. There were letters from or sideways, he told me, any way, and new in the underground network. Marc Chagall and Thomas Mann, which the visions would be revealed. At any moment, Nazi agents posing as ref- top opponents of Adolf Hitler had written to My father had painted portraits of some of ugees or enemies of Hitler and Mussolini my father pertaining to the rescues, the res- the rescued, and he had painted copies of sev- might infiltrate and blow the whole oper- cue operations and my father’s participation. eral of Chagall’s paintings because he ad- ation.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S672 CONGRESSIONAL RECORD — SENATE February 11, 1998 Indeed, when the true nature of my fa- that an African-American by the name and has since gone on to serve the ther’s role became more fully known by his of York accompanied Lewis, Clark and House of Medicine as alternate dele- superiors in the U.S. State Department, he the Shoshoni woman, Sacagawea on gate to the AMA, Vice-Speaker of the was removed from his position in the visa the long journey ending in the area of CMA Committee on Scientific Assem- section. Given meaningless bureaucratic pa- perwork, he was passed over time and again what is now Fort Clatsop, OR. blies, and chair of the CMA Finance, for promotions, and he was ultimately dis- Throughout the Lewis and Clark ex- Membership Development and Commu- patched to Buenos Aires, Argentina, with my pedition, York served as a valuable nications committees. mother and their five children. Despite the translator, helped to strengthen Na- Born in Milan, Italy, Dr. Reid is a threat from Nazi sympathizers and agents tive-American relations, and guided graduate of the University of Colorado acting with the U.S. State Department, my several successful trading ventures. It Medical Center. He lives in Santa Bar- father continued to investigate and report on has been said that on numerous occa- bara, CA, with his wife Patricia, and is the Nazi menace in Latin America and in the sions, York risked his life so that the the father of four grown children. I am U.S. Embassy in Buenos Aires. expedition could continue. York’s con- sure Dr. Robert Alfred Reid will con- In an ultimatum to the State Department tinue to make many important con- in 1945, he vowed to resign from the diplo- tributions were numerous, and accord- matic corps if there were no efforts to put a ing to the Lewis and Clark Heritage tributions to medicine and to the na- stop to the spread of Nazism and fascism in Foundation, when the party reached tion’s health policy debate. Latin America. For this ultimatum, he was the Columbia River, a decision had to f again passed over for promotion and his be made whether to head to the north pleas for investigations of Nazi gold and war BLACK HISTORY MONTH shore of the Columbia—Washington ∑ criminals being smuggled into Chile and Ar- State—or cross the river to the south Mr. SARBANES. Mr. President, since gentina on German U-boats (submarines) side—Oregon—where Indians had said 1926, we have designated February as were ignored. the month during which we honor the that game could be found. An actual He then made good on his vow, resigned contributions of African-Americans to vote of the members was recorded, rep- from his post, and returned to the family our history, our culture, and our fu- homestead in Salem to farm, paint, pursue resenting the first American democrat- various business ventures and study Bud- ture. ically held election west of the Rockies Of course, no month should pass dhism and Eastern philosophy, which he em- that included the vote of a woman, braced as a believer in mystical Christianity. without our giving attention to the Sacagawea, and a black man, York. historical legacy of America’s African- Only now, after 50 years of obscurity, is my Today, a mural in the southwest cor- father’s story coming to light worldwide. Americans. However, this month is the ner of the Rotunda of Oregon State After discovering the cache of documents, I time when we devote special attention began an effort to investigate all of his cor- Capital in Salem depicts the expedition to this legacy, which, in the face of respondence and official files, including that Merriwether Lewis and William seemingly insurmountable odds, has those in the U.S. archives, which are now de- Clark, Sacagawea and York made survived and enriched American life in classified, and to find those he rescued who through the Louisiana and Oregon Ter- countless ways. may never have known his role in their es- ritories. I want to join all Oregonians capes. All of these incredible stories of spies, As it does each year, the Association today in celebrating Black History for the Study of Afro-American Life refugees, counterspies, American heroes, sur- Month and celebrate the contributions realist artists and writers fighting and flee- and History (ASALH) has selected a ing the conflagration which engulfed Europe, that African-Americans have made to theme for this month’s celebration. ∑ I am assembling into a personal and histor- American history. This year’s theme is ‘‘African Ameri- ical account of the events for publication f cans and Business: The Path Toward based on my father’s papers and supporting RECOGNITION OF DR. ROBERT Empowerment.’’ documents. Mr. President, maybe more than any Prompted by contacts from a man whom REID, INCOMING PRESIDENT OF THE CALIFORNIA MEDICAL AS- other theme, the question of African- he rescued and from the U.S. Holocaust Mu- Americans and business demands our seum in Washington, D.C., which knew of his SOCIATION involvement in the effort, the key docu- attention and interest. The degree to ∑ Mrs. FEINSTEIN. Mr. President, I which African-Americans participate ments and photographs I discovered in that would like to recognize Dr. Robert ancient linen closet behind the fireplace in and benefit from America’s commer- have been duplicated and are being preserved Reid, who on February 16, 1998, will be- cial and business life may be the single by the museum. More than 50 documents and come the 133rd President of the Cali- best indicator of whether they have ob- photographs from my father’s files were ex- fornia Medical Association, the largest tained the equality of opportunity and hibited, along with several of my father’s medical association in the nation. With freedom for which they have long surrealist paintings and landscapes, at the a membership of 35,000 physicians, Cali- strived and to which they are entitled Simon Weisenthal Center—House of Toler- fornia Medical Association represents under our Constitution. We move to- ance Museum, in Los Angeles, during July California physician from all regions, and August this past summer. ward full equality when uniquely gifted medical specialities and modes of prac- individuals—athletes, artists, enter- PETITION SEEKS MEDAL tice—from solo practitioners, to aca- tainers, etc.—capture the public’s A petition prepared by survivors my father demic physicians, to physicians work- imagination and because of their helped rescue asks that Hiram Bingham IV ing in large group practices. Reflecting be honored with a medal from the State of unique gifts transcend the limits Israel and a tree planted in his honor at Yad the diversity that is California, the as- placed on their race. We move even Vashem, the Holocaust Memorial in Israel. sociation’s members advocate for qual- closer to this goal when each and every If he is awarded the Yad Vashem medal as ity of care and access to health care for African-American has the opportunity one of the rescuers, he will be only the sec- all of the state’s residents. to get a loan, lease or purchase prop- ond U.S. Citizen and the only U.S. diplomat Dr. Reid is a practicing Obstetrician- erty, open a business, develop a prod- ever so honored for putting his life and ca- Gynecologist and Director of Medical uct, hire other African-Americans, and reer on the line to rescue Jewish refugees. Affairs for the Cottage Health System contribute to the betterment of his Perhaps most important, the documents in Santa Barbara, California. Prior to related to Nazi gold and war criminals being community. The ability of African- spirited away to Latin America on sub- becoming the hospital’s Medical Direc- Americans to have these most basic marines with the knowledge of the U.S. tor, Dr. Reid served as the hospital’s avenues of opportunity and advance- State Department now are being inves- Chief of Staff and has been a member ment open to them may give us the tigated by the Simon Weisenthal Center.∑ of its Board of Directors since 1991. best sense of just how far we have pro- f Dr. Reid is also a fellow of the Amer- gressed on the road to equality. ican College of Obstetrics-Gynecology Thus, any study of the history of Af- BLACK HISTORY MONTH and Past President of the Tri-Counties rican-Americans and business should ∑ Mr. SMITH of Oregon. Mr. President, Obstetrics-Gynecology Society. highlight not only the many brilliant in recognition of Black History Month He became active in organized medi- inventors and entrepreneurs who have I come to the floor to honor a little- cine in 1972 when he joined the Cali- made unique or major contributions to known member of the Lewis and Clark fornia Medical Association. Ten years American history. It should also take expedition that explored the Oregon later he was elected President of the note of the many average, hard-work- territory. Expedition historians tell us Santa Barbara County Medical Society ing people who have fulfilled, against

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S673 great odds, the American dream of Prince George’s County’s Pulsar Data black history postcards. Once, he self-pub- owning and operating their own busi- Systems, a computer systems integra- lished a thin paperback of profiles of black nesses. Let me devote a few minutes to tion company that made $165 million in historical figures. both these sets of heroes. 1995, and was ranked by Black Enter- WIDELY TRAVELED On one hand African-Americans, and prise Magazine as the fifth most profit- With his tall, thin figure always immacu- Americans in general, can boast of able black-owned company in America lately dressed in a starched, white, buttoned- such great minds as Jan Matzeliger that year. Let us also celebrate smaller down shirt and tie, and frequently a jacket (1852–1889), Joseph Lee (1849–1905), Eli- enterprises like Grassroots II, an Afri- or suit, Mr. Carter was a well-known figure jah McCoy (1843–1929), and Andrew in Baltimore’s black community who trav- can-American bookstore in Salisbury, eled all over the area selling his calendar. Beard (1850–1910)—19th century inven- MD, which specializes in literature You were as likely to see him outside Lex- tors who helped revolutionize Amer- celebrating the African-American expe- ington Terrace housing project as you were ican industry at a crucial period in its rience. Both these types of businesses— to find him traversing Morgan State Univer- development. They can boast of the smaller no less than the bigger sity. groundbreaking success stories such as —show us how far we have come as a Amazingly, he did all his travels—in good Madame C.J. Walker (1867–1919), Amer- nation and how far we still need to go. weather and bad—using public transpor- ica’s first black millionaire business- In closing, Mr. President, let me pay tation. When he was cautioned not to go into woman, whose hair products company tribute to a Maryland-based African- dangerous areas, he shrugged off such sug- gestions. After all, he was on a mission to employed 3,000 people, and Maggie American run ‘‘business’’ that deserves educate his people, which meant he had to go Lena Walker (1867–1934), America’s first special mention this month. This busi- wherever his people were. female bank president. Mr. President, ness sought to lead African-Americans Mr. Carter sought to ‘‘liberate’’ black his- this list is merely a sample of the down a different path of empower- tory from academia and take it to the many African-Americans who have ment—not economic empowerment, streets. He said it was important for black made unique contributions to Amer- but intellectual and cultural empower- youth to know that their people had a rich ican commerce, and who have helped ment. I speak of the black history cal- history long before coming to this country. lead us to the heights we occupy today endar business run by C. Cabell Carter He wanted to fill the gaps left by many his- tory books. as the strongest economic force in the during the 1970’s and 1980’s. Mr. Carter, While Mr. Carter spread the word about world. a retired schoolteacher who died in black history, he didn’t spend a lot of time On the other hand, let us also take 1987, travelled throughout Baltimore’s talking about himself, so details of his back- note of the more modest success stories African-American community selling ground are sketchy. of the many African-Americans who at calendars that featured African-Amer- He was born Dec. 5, 1912, and graduated this same time owned and ran busi- ican artwork and highlighted on each from Hampton Institute (now Hampton Uni- nesses, surviving not only economic day of the year a significant achieve- versity). He taught for years at Carver Voca- hardship but a social system that left ment in African-American history. He tional School, where he became a leading ad- them short of funding, public support, vocate for instituting black studies and charged a nominal fee for each cal- black history in the public schools. and legal protection. Here I speak of endar, and, by most estimates, sold few His wife apparently died years ago; his the members—now long forgotten—of calendars per year. I ask that a Feb- only child, a son, could not be located at the the Colored Merchants Association of ruary 5, 1998 article in the Baltimore time of Mr. Carter’s death, Aug. 8, 1987. New York City, formed during the Sun about Mr. Carter be printed in the We came to know Mr. Carter when we es- Great Depression to sustain the city’s RECORD at the end of my statement. tablished the Great Blacks in Wax Museum African-American businesses against Mr. Carter did not create jobs, he was in 1983. He volunteered his services and be- the shocks of that economic disaster. I not known outside his immediate com- came one of our founding board members. He speak here also of the numerous Afri- munity, and he would hardly qualify as loved taking our wax figures on the road for can-American newspapers established exhibits to such places as Mondawmin Mall. a prosperous businessman, much less a Mr. Carter said he developed his love of in the late 19th century, the first of captain of industry. His achievement, history while serving in the Army’s 92nd In- which, Baltimore’s Afro-American, is however, was to make his fellow Afri- fantry Division during World War II, where still published to this day. can-Americans aware of their rich his- he received the Bronze Star for bravery in Mr. President, I submit that only tory, and to instill in them the pride to action. when such stories of struggle and be part of that history. It is my sincere Faced with extreme racial prejudice and achievement are commonplace, and de- hope that some of those with whom Mr. segregation from fellow soldiers and others, mand no particular attention, can we Carter spoke and to whom he sold cal- Mr. Carter read black history to keep from succumbing to feelings of inferiority and bit- truly claim credit for eradicating com- endars will be the ones that we in Con- pletely the scourge of racial bias from terness. The therapeutic results persuaded gress will honor in future editions of him that all black people should become ac- our society. Black History Month. quainted with their history. I think we are moving in the right di- The article follows: Toward that end, he spent considerable rection. Between 1987 and 1992, when TAKING BLACK HISTORY TO THE STREETS time collecting newspaper clippings, visiting the last set of complete figures were (By Elmer P. Martin and Joanne M. Martin) libraries and engaging in other activities in available from the Census Bureau, the an effort to amass historical data for his number of American businesses owned Historian Carter G. Woodson began Negro files, which he would in turn share with oth- History Week in 1926 (now Black History ers. by African-Americans increased by Month), but over the years many average 46%. In my own State of Maryland, the citizens helped popularize the February ob- AN ECCENTRIC CHARACTER numbers are even more impressive. In servance. Although some people regarded him as a Maryland during the 1987–1992 period, One such local person was the late C. bit crazy for approaching hardened youths the number of African-American busi- Cabell Carter, a Baltimore schoolteacher on street corners, such youths were gen- nesses grew by 14,080 to 35,578, a 65% in- who spent much of his retirement years in erally disarmed by Mr. Carter’s easy smile, crease. These figures, I am proud to the 1970s and ’80s peddling black history cal- his sincerity, his low tolerance for foolish- endars he created, and serving as a sort of ness and the great confidence he had in their say, make Maryland the State with the street-corner historian, preaching to every- promise and potential. most African-American-owned busi- one from drug dealers to church leaders Mr. Carter often said, ‘‘It is a sad day when nesses in the Nation. Moreover, two of about the importance of knowing their his- the elders are afraid of their own children. I Maryland’s counties are among the top tory. refuse to ever get in that state.’’ ten in the nation in terms of the num- Mr. Carter charged a nominal fee for the Mr. Carter also started the Reading Im- ber of African-American businesses calendars that featured black and white provement Association, a community-based based there. Clearly, more and more renderings of ancient African royalty and literacy program. His work did not go African-Americans are taking the path historical African-Americans of note. Vir- unappreciated. At his funeral, some 300 peo- tually every day on the calendars was ple from all walks of life packed a small to empowerment that Americans of all marked with a significant event in black his- cemetery chapel to pay tribute to that won- colors and creeds should view as their tory. derfully unusual man. birthright. Mr. Carter probably sold 1,000 calendars a The West Baltimore resident died penniless Thus, during Black History Month, year. Any proceeds were used to finance the at age 74. His landlord, not realizing the im- let us celebrate not only firms like production of the next year’s calendars and portance of Mr. Carter’s collection, had it

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S674 CONGRESSIONAL RECORD — SENATE February 11, 1998 gathered up and thrown away. So there’s lit- ico, this time to Lovington where he deserved attention to his lifetime of tle left of Mr. Carter’s work except a few cal- taught and coached starting in 1946. It commitment to an honored sport and endars and a few copies of his book, ‘‘Black was in 1949 that Ralph Tasker began the youth who play the game.∑ History Makers.’’ But, during Black History Month, we rec- his illustrious tenure as the head bas- f ketball coach at Hobbs High School. ognize such little-known figures as Mr. Car- RETIREMENT OF RALPH TASKER ter, as well as the celebrated. Over the decades, Coach Tasker has Mr. Carter would have liked that.∑ compiled the third most winning ∑ Mr. BINGAMAN. Mr. President, I rise f record of active high school coaches in to give praise to a great man. Ralph the United States, with a record of at Tasker has announced that after 52 HONORING HOBBS, N.M., HIGH least 1,116 wins and only 289 losses. seasons of coaching, he will retire as SCHOOL BASKETBALL COACH Tasker’s Hobbs Eagles have won a the head basketball coach at Hobbs RALPH TASKER dozen state championships—one in High School in New Mexico. In his 52 ∑ Mr. DOMENICI. Mr. President, I rise Lovington in 1949 and 11 in Hobbs in seasons, Coach Tasker has amassed to pay tribute to a man who has accu- 1956, 1957, 1958, 1966, 1968, 1969, 1970, 1980, over 1,103 wins en route to 12 State mulated a remarkable record as the 1981, 1987, and 1988. He is believed to championships, 4 State runner-up ti- head basketball coach at Hobbs High have set a record of sorts by coaching tles, and 1 National Coach of the Year School in New Mexico. This year he state championship basketball teams title. Indeed, Coach Tasker’s legacy is ends more than a half century of teach- in five different decades, from the 1940s that of a man who not only won many ing and coaching. During these decades to the 1980s. The varsity team has basketball games, but also brought his of service, he has endeared himself to a qualified for the state basketball tour- positive influence into the lives of hun- community and earned acclaim as one naments 36 times, including 24 consecu- dreds of high school students. of the most winning high school coach- tive tourney appearances between 1961 From 1965 to 1967, Coach Tasker’s es in the United States. and 1985. team won 53 consecutive games. In the To understand the significance of In 52 seasons as head basketball 1969–70 season, his team averaged 114.6 Ralph Tasker’s impact, it is useful to coach, Ralph Tasker’s teams have suf- points per game, earning him the pres- know more about Hobbs, the commu- fered only two losing seasons. In com- tigious National Coach of the Year nity to which he had dedicated his life. parison, he has coached 36 teams to title. In the 1980’s, Coach Tasker con- Hobbs is a city born of the hard- seasons with 20 or more victories. He tinued his winning ways as he led his scrabble oil and gas industry. Situated led two teams through perfect seasons, team to consecutive undefeated sea- on the dusty mesquite-laden plains of 1966 (28–0) and 1981 (26–0). His 1970 squad sons from 1980–82, and he was elected to southeast New Mexico, it is primarily averaged 114.6 points per game during a the National High School Sports Hall dependent on farming, ranching, and 27-game season, which is still a na- of Fame. the petroleum industry. It is a proud tional record. Mr. President, on the eve of the community that has touted itself as All this success has been rewarded third-winningest active high school ‘‘Hobbs, America.’’ with a trophy case of personal honors. coach’s retirement, I would like to I believe I can safely say that a lot of Ralph Tasker has been named National take this opportunity to thank Ralph the pride in this community has been High School Coach by the National Tasker for his years of dedication to fostered by its school system and, more High School Coaches Association and the youth of New Mexico. Certainly, we specifically, the renowned success of by the National Sports News Service. all have a lot to learn from this man, its high school basketball team. In 1991, he was named the National and his example stands as a marker Mr. President, on February 20, Ralph Athletic Coach of the Year by the pres- Tasker will coach his last high school tigious Walt Disney National Teacher that we should all strive to attain. basketball game in Hobbs. Awards Program. Thank you, Coach Tasker, for teaching On that Friday evening in the Ralph He was a 1988 inductee into the Na- us the true meaning of winning grace- ∑ Tasker Arena, the people of Hobbs—a tional High School Sports Hall of Fame fully. town accustomed to the booms and in Kansas City, Missouri. He has also f busts of the oil and gas industry—will been inducted into the New Mexico NOMINATION OF DR. DAVID honor the man who since 1949 has lead High School Coaches Association Hall SATCHER the Hobbs Eagles to consistent basket- of Honor, the Alderson-Broaddus Col- ∑ ball glory. Under Ralph Tasker’s lege’s Battler Hall of Fame, and the Mr. GRAMS. Mr. President, over the steady tutelage, it can be said a most New Mexico State University Aggie course of the debate on Dr. Satcher’s constant sound in Hobbs, beyond the Hall of Fame. nomination for Assistant Secretary of hum of oilfield pumps, has been the Recognition of Coach Tasker’s abili- Health and Surgeon General, Senator swish of basketballs ripping through ties is underscored by the fact that ASHCROFT and others have expressed the hoops, the squeak of rubber on more than 100 Eagle basketball players some issues of concern. First, Dr. hardwood, and decades of cheering have gone to college on basketball Satcher’s comments regarding abor- fans. It has been through the efforts of scholarships, with 50 named to All- tion. Second, an AZT study in Africa to Ralph Tasker, the hard knuckled bas- State squads, nine selected to prep All- research alternative treatments for de- ketball coach, that Hobbs has become American teams, and 13 drafted by pro- veloping nations to the costly and in- known to America. fessional basketball leagues. accessible AZT regimen. Understandably, Hobbs honors the But I know that the citizens of Hobbs While I initially had concerns about end of Coach Tasker’s remarkable ca- are most proud and appreciative of Dr. Satcher’s comments on abortion, I reer with a measure of trepidation. Ralph Tasker for the hundreds of lives wanted to listen to the debate, examine Mr. President, I believe Ralph he has helped shape as a coach and additional written responses Dr. Tasker’s career as a high school coach mentor. Hundreds upon hundreds of Satcher provided to the committee on has been so outstanding that he de- youth people have benefited from the this issue, and make my decision. serves the recognition of the Senate. hard work, discipline, and sense of During the committee’s consider- Born, raised and educated in West comradery they gained under Coach ation of Dr. Satcher, he stated that he Virginia, Ralph Tasker’s life has vir- Tasker’s direction. For more than 50 supports President Clinton in his veto tually always involved basketball. His years he has given impressionable of the ban on partial-birth-abortions. teaching and coaching career began in young men a sense of direction, a sense After the hearings, he tried to back- Ohio. During World Was II, he served of being part of something bigger and track. with the U.S. Army Air Corps stationed greater than they could be by them- In his October 28, 1997 written com- at what is now Kirtland Air Force Base selves. In teaching such lessons ments to Senator FRIST, Dr. Satcher in Albuquerque. Tasker played basket- through sweat and toil on the var- further explained his position on abor- ball with the Flying Kellys during his nished boards of a gymnasium floor, he tion and I’d like to quote those re- service days. has made Hobbs a better place to live. marks. Following the war, he earned a mas- For all his accomplishments, I salute Let me state unequivocally that I have no ters degree and returned to New Mex- Ralph Tasker, and join those who bring intention of using the positions of Assistant

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S675 Secretary for Health and Surgeon General to the way Congress does business. Amid less rehabilitation, the knee was strong promote issues related to abortion. I share the furor over campaign finance re- enough to return to action late last no one’s political agenda and I want to use form, accusations abound of Members year. And then, another setback the power of these positions to focus on ‘‘selling’’ their votes to private inter- marred her prospects for Nagano. Just issues that unite Americans—not divide them. est groups. I believe that greater access 12 days ago, she was knocked uncon- to the documents used by Members of scious in a spill during a race in Swe- I am not comforted by this clarifica- Congress when making decisions will den. tion of his position. increase public understanding of this But this remarkable third-generation Mr. President, I believe we as a na- institution. Since constituents will be Idahoan, who learned to ski on the tion require a Surgeon General who’s able to see the materials which influ- slopes of Sun Valley, was determined position on this issue is one of fur- ence the way a Member votes, a more not to let this latest setback keep her thering policies which, at a minimum, accurate view of the Congressional de- from fulfilling the promise she made to do not give tacit approval of a proce- cision-making process should emerge. her parents when she was a little girl— dure that 75 to 80 percent of Americans Passage of this legislation will also the promise of Olympic gold. agree is barbaric and unneeded. permit the Congressional Research Picabo says the long and difficult With regard to the AZT trials to pre- Service to serve an important role in months of rehabilitation from her in- vent the maternal-to-infant transfer of informing the public. This nation’s jury were the toughest times of her HIV in Africa, I also share some con- citizens will be able to read CRS prod- life. Yet her hard work and dedication cerns about the protocol set up in this ucts and receive a concise, accurate pulled her through. Even while she study. Specifically, the use of a placebo summary of the issues that concern could only sit and watch her team- control group. them. The American taxpayer is pay- mates get ready for these games, she Mr. President, I have always been a ing for this information, almost $65 never lost hope. strong supporter of medical research. I million for this year alone, and has a Picabo’s mother, Dee, taught her the cannot, however, endorse or condone right to see it. words to the Star Spangled Banner. research done in developing countries The technological advances of the Four years ago, Picabo stood on the in a manner which we would not con- last decade are truly astonishing. silver medal platform, listening to an- duct it here in our own Nation—with Every effort should be made to apply other country’s anthem being played. our own constituents as the subjects of this new technology as widely as pos- She vowed the next time she’d hear her that research. sible. The advent of the Internet pro- anthem. Those singing lessons came in Mr. President, I listened to both sides vides an important avenue for the ex- handy today. With the gold medal of the arguments and came to a conclu- ploration of new applications. This new around her neck, Picabo sang the sion. I have no reason to believe Dr. medium has made possible the low- words to our national anthem. I’m sure David Satcher is not qualified to serve cost, rapid dissemination of informa- every American sang with her. as Assistant Secretary of Health and tion to an growing audience, and, Idaho can be truly proud of a home- Surgeon General of the United States. whereas legislation to make CRS infor- town hero, who overcame seemingly in- However, I, for the reasons cited ear- mation available to the public was not surmountable odds to regain the form lier, could not in good conscience sup- plausible ten years ago, today we can that made her a world champion. I ask ∑ port his nomination. do it at a very low cost. every Idahoan and every American to f Mr. President, removing the barriers join me in offering congratulations to to public view of CRS documents is a this amazing athlete. MAKING CRS REPORTS AVAILABLE The little girl from the gold mining TO THE PUBLIC great idea who’s time has come. It will help Congress to better fulfill its duty town of Triumph, Idaho has triumphed ∑ Mr. ABRAHAM. Mr. President, last to inform the public and allow con- and won the gold medal.∑ week Senator MCCAIN, the Chairman of stituents to see first hand the informa- f the Commerce Committee, introduced tion that serves as the basis for many EXECUTIVE SESSION legislation to make Congressional Re- of the decisions made by its federally search Service Reports, Issue Briefs elected representatives.∑ and Authorization and Appropriations f EXECUTIVE CALENDAR products available over the Internet to Mr. ROBERTS. Madam President, I the public. I rise today to express my AN IDAHOAN MINES OLYMPIC ask unanimous consent that the Sen- support for this timely legislation. GOLD ate immediately proceed to executive The Congressional Research Service ∑ Mr. KEMPTHORNE. Mr. President, I session to consider the following nomi- has a well-deserved reputation for pro- rise to congratulate an American ath- nations on the Executive Calendar: ducing objective, high-quality reports lete who has shown us all that adver- No. 371, Sally Thompson, to be CFO and issue briefs. I have relied on these sity can be turned into inspiration and of the Department of Agriculture. reports in the past and have only the success. No. 490, Robert Warshaw, to be Asso- highest regard for the material pro- Picabo Street, a young woman from ciate Director for National Drug Con- duced by CRS. This information is not the tiny mining town of Triumph in trol Policy. readily available to the general public, my home state of Idaho, has thrilled us The PRESIDING OFFICER. Without however. Congressional offices must of- all with her gold medal-winning per- objection, it is so ordered. ficially request information on a con- formance in the women’s super giant Mr. ROBERTS. I further ask unani- stituent’s behalf. slalom at the Winter Olympics in mous consent that the nominations be Senator MCCAIN’s legislation, S. 1578, Nagano, Japan. confirmed, the motions to reconsider directs the Director of CRS to make re- Four years ago I stood in this cham- be laid upon the table, the President be ports, issue briefs and the more com- ber to offer my congratulations to immediately notified of the Senate’s prehensive CRS reports on federal au- Picabo, who won a silver medal in the action, and the Senate then return to thorizations and appropriations avail- Lillehammer Olympics in the downhill. legislative session. able on the Internet. Most of this infor- While a lot has happened in this coun- The PRESIDING OFFICER. Without mation is already available on the CRS try and the world over those four objection, it is so ordered. website but can only be accessed by years, one thing has remained the The nominations were considered and Members of Congress and their staff. same: Picabo Street’s desire to win an confirmed, as follows: Obviously, since we use the Internet to Olympic gold medal. DEPARTMENT OF AGRICULTURE make this information more accessible That dream looked like it might not Sally Thompson, of Kansas, to be Chief Fi- to Congress, we have the ability to be fulfilled after a horrible accident 14 nancial Officer, Department of Agriculture. make this information available to the months ago during a training run. EXECUTIVE OFFICE OF THE PRESIDENT general public. It is time we do so. Picabo blew out her knee, and missed Robert S. Warshaw, of New York, to be As- Increasingly, the public is dem- almost the entire 1997 season. But sociate Director for National Drug Control onstrating that it is not satisfied with thanks to her determination and tire- Policy.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S676 CONGRESSIONAL RECORD — SENATE February 11, 1998 LEGISLATIVE SESSION that occurred today at the State De- Mr. President, rather than giving a The PRESIDING OFFICER. The Sen- partment at about 12 noon. The Presi- detailed statement now on the many ate will now return to legislative ses- dent of the United States, the Sec- benefits to America of NATO enlarge- sion. retary of State, the Vice President, and ment, I wish only to enunciate a few the Foreign Ministers of the Czech Re- central themes upon which I will ex- f public, Poland, and Hungary, were in pand as Senate consideration of these ORDERS FOR THURSDAY, attendance. At this event, the Presi- vital protocols approaches. FEBRUARY 12, 1998 dent signed an amendment to the The first thesis is that, as NATO’s Mr. ROBERTS. Madam President, I Washington treaty—the NATO treaty— leader, America must ensure the Alli- ask unanimous consent that when the that has been or will shortly be deliv- ance moves beyond its Cold War mis- Senate completes its business today, it ered to the Senate asking that the sion. The status quo is tantamount to stand in adjournment until 9:30 a.m. on Czech Republic, Hungary and Poland declaring NATO a non-performing Thursday, February 12, and imme- become full members of NATO. This asset. diately following the prayer, the rou- ceremony at the State Department Internally, NATO is already adapting tine requests through the morning completed the formal transmission to address different threats to peace, hour be granted, and the Senate imme- from the President to this body for its now that a massive military strike diately begin a period for the trans- advice and consent of the protocols of from the East is highly unlikely. The action for morning business until 2 accession of those three countries into Alliance is placing smaller, smarter, p.m., with Senators permitted to speak NATO. more mobile forces under a stream- therein for up to 10 minutes each, with It was pointed out to me by the Vice lined command system with a new the following exceptions: President, as we were leaving the State strategic concept. This will allow rapid Senator NICKLES, 20 minutes; Senator Department ceremony, that it was this action, including beyond the borders of DOMENICI, 45 minutes; Senator BYRD, 1 very day upon which the Yalta Con- NATO, such as our current mission in hour; Senator THOMAS, 10 minutes; ference ended some 50 years ago. It Bosnia. Senator ALLARD, 20 minutes; Senator seems to me incredible that it is hap- Enlargement is part of NATO’s exter- DORGAN, 1 hour; Senator MURKOWSKI, 20 pening, but also that it has taken this nal transformation. This trans- minutes; Senator JEFFORDS, 5 minutes; long for to us rectify a serious histor- formation is designed to widen the zone Senator GRAMM, 30 minutes; Senator ical error. At the ceremony, there were of stability, deter new threats of ethnic JOHNSON, 10 minutes, and Senator BAU- a number of things stated about why conflict, eliminate new divisions or CUS for 30 minutes. this was so important. ‘‘zones of influence,’’ and promote com- The PRESIDING OFFICER. Without We are moving very quickly this ses- mon action against weapons prolifera- objection, it is so ordered. sion to a momentous vote addressing tion and transfer, terrorism, and orga- f America’s security interests in Europe, nized crime. NATO’s open door to ex- which will not only affect us, but the pansion helps provide the confidence PROGRAM next several generations of Americans. and inspiration for continued democra- Mr. ROBERTS. Madam President, to- I refer to the addition of new allies to tization and economic development in morrow morning, as previously or- the North Atlantic Treaty Organiza- the former Soviet States and in East- dered, the Senate will be in morning tion. Recognizing that the protocols ern and Central Europe. business until 2 o’clock. Following would be referred to the Foreign Rela- Admission of new allies is the most morning business, the Senate may pro- tions Committee for its review, solemn in the spectrum of new security ceed to any legislative or executive The committee, under Chairman relationships NATO has undertaken business cleared for action. Therefore, HELMS’ leadership, has been holding a throughout Europe and the former So- votes are possible during Thursday’s series of comprehensive hearings since viet Union, since the admission of session of the Senate. October on the pros and cons of enlarg- Spain, and prior to that, Germany, Mr. BAUCUS addressed the Chair. ing NATO. Greece and Turkey. In addition, NATO The PRESIDING OFFICER. The Sen- Beginning with Secretary of State has developed unique partnerships with ator from Montana. Albright, we heard testimony from sen- Russia and Ukraine, and has drawn Mr. BAUCUS. Might I ask that the 30 ior Clinton administration and former former adversaries into a web of co- minutes allotted to me be immediately executive branch officers, retired am- operation through what we refer to as following Senator DOMENICI? bassadors and generals, and distin- the Partnership for Peace and the Mr. ROBERTS. I inform the distin- guished academics and foreign policy Euro-Atlantic Partnership Council. guished Senator from Montana that experts—most in favor of, but some in The second thesis that I will be ex- the order right now is Senator NICKLES opposition to expansion. pounding on at a later time is that the for 20 minutes, Senator DOMENICI for 45 The Committee also invited public costs of enlargement are real but man- minutes, and Senator BYRD for 1 hour. testimony from all citizens concerned ageable, and represent a bargain for Mr. BAUCUS. I ask unanimous con- with this issue, welcoming veterans the American people in terms of our se- sent that I may follow Senator BYRD groups, scholars, and representatives of curity. for 30 minutes. the American Baltic, Central and East NATO’s own study of the Polish, The PRESIDING OFFICER. Without European, and Jewish communities. Hungarian, and Czech contributions to objection, it is so ordered. Opinion among all witnesses ran four our common defense rates them well f to one in favor of embracing the Poles, worth the ten-year, one-and-a half bil- ORDER FOR ADJOURNMENT Hungarians, and Czechs as NATO al- lion dollar price tag. The U.S. share in Mr. ROBERTS. Madam President, if lies. this price will be roughly four hundred there is no further business to come be- With the Protocols now in hand, the million dollars over ten years, or about fore the Senate, I now ask that the Committee will hold one more hearing forty million dollars per year. Senate stand in adjournment under the with Secretary of State Albright, Sec- Most importantly, Secretary of State previous order, following the remarks retary of Defense Cohen, and Chairman Albright noted in her testimony, that by my distinguished colleague from of the Joint Chiefs Shelton on Feb- our Allies stated at the last NATO Delaware, Senator BIDEN. ruary 24. summit that the resources for enlarge- The PRESIDING OFFICER. Without The following week, the Committee ment will be found and that she will objection, it is so ordered. is expected to markup and vote on the ensure that our allies pay their fair The Senator from Delaware is recog- Resolution of Ratification. I anticipate share—a very important requirement nized. that the Committee will overwhelm- to be met in order to gain the support f ingly recommend consideration of the of our colleagues in the Senate. Resolution by the full Senate. The Ma- In the long-run, America has always NATO ENLARGEMENT jority Leader has indicated that con- found that common defense is cheaper Mr. BIDEN. Madam President, I am sideration should begin in March, after defense. This is true certainly in finan- pleased to report a very historic event action on campaign finance reform. cial, but even more so in the far more

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LONNIE L. BARHAM, 0000 precious human resources the sixty For 40 years, the United States loud- WILLIAM B. BARKER, 0000 million people and two hundred thou- ly proclaimed its solidarity with the JOHN F. BARRY, 0000 JOHN P. BASILICA, 0000 sand troops Poland, Hungary, and the captive nations of Central and Eastern WILLIAM E. BEASLEY, 0000 Czech Republic bring to our common Europe who were under the heel of STEVEN L. BELL, 0000 SHELLEY L. BENNETT, 0000 security. This is not a question of communist oppressors. Now that most ROBERT A. BEREITER, 0000 whether the U.S. will trade Warsaw for of them have cast off their shackles, it DAN A. BERKEBILE, 0000 JOSE BERRIOS, 0000 Washington, or Budapest for Buffalo, is our responsibility, in my view, to WILLIAM J. BERTSCH, 0000 but rather that the Poles, Czechs, and live up to our pledges to readmit them CHARLES D. BETONEY, 0000 MITCHELL T. BISANAR, 0000 Hungarians are willing to assume the into the West through NATO and the ABNER C. BLALOCK, JR., 0000 front line in America’s forward defense European Union as they qualify. JIMMY L. BLAND, 0000 JACK P. BOBO, 0000 of its shores. Just as NATO enlargements em- GEORGE F. BOWDOIN, 0000 The third thesis is that our relations braced Turkey, Greece, and West Ger- LEON C. BOWLIN, 0000 ROBERT A. BRADFORD, 0000 with Russia remain solid, productive, many several years before the Euro- JOHN J. BRAHAM, 0000 and cooperative, notwithstanding en- pean Union’s precursors were yet in ex- DOUGLAS M. BRANTLEY, 0000 ROBERT T. BRAY, 0000 largement. Prophets of backlash have istence, so we should not hesitate to MARTIN T. BREAKER, 0000 been disproven. accept Poland, Hungary, and the Czech DONALD J. BREECE, 0000 GLENN C. BREITLING, 0000 Although few Russians are fond of Republic now, even before their acces- MANUEL BRILLON-RODRIGUEZ, 0000 NATO enlargement, policymakers in sion to the European Union. RITA M. BROADWAY, 0000 FREDERICK G. BROMM, 0000 Moscow have accepted it. Moreover, no The habits of cooperation created by CLARENCE D. BROWN, 0000 Russian with whom I met in Moscow— NATO membership can only help these OTIS BROWN, JR., 0000 ELTON C. BRUCE, 0000 from Communist leader Zyuganov, to nations as they prepare for economic DAVID H. BRUNJES, 0000 liberal leader Yavlinsky, to the nation- JAMES A. BRUNSON, 0000 integration into Europe and the West. ELBERT T. BUCK, JR., 0000 alist retired General Lebed—believed I thank the Chair for listening and I CRAIG W. BULKLEY, 0000 that NATO enlargement constitutes a PHILLIP R. BURCH, 0000 yield the floor. DAVID P. BURFORD, 0000 security threat to Russia. f MICHAEL T. BURK, 0000 We have seem Russia ratify the DONALD L. BURNETT, 0000 JAMES L. BURSON, 0000 Chemical Weapons Convention, renew ADJOURNMENT UNTIL 9:30 A.M. JOHN L. CAIRER, JR., 0000 efforts to ratify START II, send troops TOMORROW TERRY B. CALLAHAN, 0000 WAYNE T. CAMERON, 0000 under overall U.S. command to imple- The PRESIDING OFFICER. Under JULIO CAPOCAPO, 0000 ment peace in Bosnia, and work MICHAEL E. CARR, 0000 the previous order, the Senate stands CASPER CATAUDELLA, 0000 smoothly with NATO as an organiza- adjourned until 9:30 a.m. tomorrow. DENNIS L. CELLETTI, 0000 tion in the new Russia-NATO Perma- THOMAS E. CHALIFOUX, 0000 Thereupon, the Senate, at 6:50 p.m., STEPHEN G. CHAMBERS, 0000 nent Joint Council. adjourned until Thursday, February 12, JAMES E. CHAPMAN, 0000 But ultimately, Russia must under- RONALD L. CHUBB, 0000 1998, at 9:30 a.m. RAY D. CLEVEN, 0000 stand that it has no veto over NATO f ANTONIO R. COBIAN-MENDEZ, 0000 actions, nor over the right of former GILBERT P. COLLINS, 0000 STEPHEN D. COLLINS, 0000 Soviet satellites to freely choose their NOMINATIONS WILLIAM D. COLVIN, 0000 defense arrangements. I believe their WILLIAM G. CONFER, 0000 Executive nominations received by REX J. CONNERS, 0000 actions demonstrate that they have the Senate February 11, 1998: JOHN K. COOLEY, 0000 come to terms—however grudgingly— BILLIE M. COOPER, 0000 DEPARTMENT OF COMMERCE LARRY D. COPELIN, 0000 with this fact. BILLY J. COSSON, 0000 My fourth thesis is a caution. The DEBORAH K. KILMER, OF IDAHO, TO BE AN ASSISTANT PAUL D. COSTILOW, 0000 SECRETARY OF COMMERCE, VICE JANE BOBBITT, RE- REBECCA A. COULTER, 0000 consequences of a failure to embrace SIGNED. TERRY R. COUNCIL, 0000 the Poles, Hungarians, and Czechs as DEPARTMENT OF JUSTICE ALLEN D. CRANFORD, 0000 MICHAEL S. CROCKER, 0000 new allies would be a disaster. RICHARD H. DEANE, JR., OF GEORGIA, TO BE UNITED MICHAEL J. CURTIN, 0000 This century has taught us that when STATES ATTORNEY FOR THE NORTHERN DISTRICT OF DONNA L. DACIER, 0000 GEORGIA FOR THE TERM OF FOUR YEARS VICE KENT MICHAEL J. DACY, 0000 Central Europeans are divorced from BARRON ALEXANDER, RESIGNED. FRANCIS A. DANIELS, 0000 Western institutions of common de- RANDALL DEAN ANDERSON, OF UTAH, TO BE UNITED HAROLD F. DANIELS, 0000 STATES MARSHAL FOR THE DISTRICT OF UTAH FOR THE CHARLES H. DAVIDSON, 0000 fense, they are vulnerable to pressure TERM OF FOUR YEARS, VICE DANIEL C. DOTSON, RE- JOHN T. DAVIS, 0000 and control by the great powers around TIRED. MYLES L. DEERING, 0000 DANIEL C. BYRNE, OF NEW YORK, TO BE UNITED PAUL J. DEGATEGNO, 0000 them, and susceptible to insidious sus- STATES MARSHAL FOR THE EASTERN DISTRICT OF NEW PHILIP M. DEHENNIS, 0000 picions of their neighbors’ intentions. YORK FOR THE TERM OF FOUR YEARS VICE MICHAEL A. ROBERT F. DELCAMPO, 0000 PIZZI, RESIGNED. MILTON E. DEMORY, 0000 This forces them to nationalize their BRIAN SCOTT ROY, OF KENTUCKY, TO BE UNITED CRAIG W. DEUTSCHENDORF, 0000 defense policies, creating tension and STATES MARSHAL FOR THE WESTERN DISTRICT OF KEN- GREGORY H. DEVOE, 0000 TUCKY FOR THE TERM OF FOUR YEARS, VICE CHARLES DAVID L. DICKSON, 0000 instability WILLIAM LOGSDON, RESIGNED. RENE DOLDER, 0000 MICHAEL R. DONAGHY, 0000 Here, I would like to quote from Dr. THE JUDICIARY Henry Kissinger’s testimony to the MARK C. DOW, 0000 CHESTER J. STRAUB, OF NEW YORK, TO BE UNITED ROY L. DRAKE, JR. 0000 Foreign Relations Committee on this STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT, VICE MARK W. DUSHNYCK, 0000 JOSEPH M. MCLAUGHLIN, RETIRED. WALTER K. DYER, 0000 very point. Dr. Kissinger’s testimony DONALD E. EBERT, 0000 to the Foreign Relations Committee on NATIONAL FOUNDATION ON THE ARTS AND THE LESTER D. EISNER, 0000 HUMANITIES MARK A. ELLIS, 0000 this very point was very, very enlight- STEPHEN B. ENGLE, 0000 ening, I thought. WILLIAM JAMES IVEY, OF TENNESSEE, TO BE CHAIR- ROGER D. EVANS, 0000 PERSON OF THE NATIONAL ENDOWMENT FOR THE ARTS MICHAEL R. EYRE, 0000 Kissinger warned: Basing European and At- FOR A TERM OF FOUR YEARS, VICE JANE ALEXANDER, TERRY FOBBS, 0000 lantic security on a no man’s land between TERM EXPIRED. WILLIAM A. FOLEY, 0000 WILLIAM P. FOSTER, 0000 Germany and Russia runs counter to all his- NATIONAL TRANSPORTATION SAFETY BOARD JULIUS A. FRALEY, 0000 torical experience, especially that of the JAMES E. HALL, OF TENNESSEE, TO BE CHAIRMAN OF ROBERT P. FRENCH, 0000 interwar period. It would bring about two THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A WILLIAM J. FULFORD, 0000 TERM OF TWO YEARS. (REAPPOINTMENT) JOHN T. FURLOW, 0000 categories of frontiers in Europe, those that CHARLES L. GABLE, 0000 are potentially threatened but not guaran- IN THE ARMY JOHN D. GAINES, 0000 teed, and those that are guaranteed but not DAVID D. GAPINSKI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES P. GARDNER, 0000 threatened. If America were to act to the de- TO THE GRADE INDICATED IN THE RESERVE OF THE JOSEPH E. GARLAND, 0000 fend the Oder [between Germany and Poland] ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STEPHEN F. GARRISON, 0000 but not the Vistula [in Poland], 200 miles to To be colonel ALAN C. GAYHART, SR. 0000 DENNIS GILPATRICK, 0000 the east, the credibility of all the existing CRAIG H. ANDERSON, 0000 HAROLD GLANVILLE, 0000 NATO guarantees would be gravely weak- LARRY L. ANDERSON, 0000 DAVID E. GOINS, 0000 ened. NORMAN E. ARFLACK, 0000 RONNIE E. GORDON, 0000 JAMES F. ARMSTRONG, 0000 MICHAEL A. GORMAN, 0000 Madam President, I will close with a JIMMY D. ARMSTRONG, 0000 PAUL R. GRAMS, 0000 fifth and final thesis, and it is a moral ROBERT W. ASKEY, 0000 DAVID L. GRAY, 0000 MICHAEL A. BAILEY, 0000 MICHAEL C. GRAY, 0000 one. DENNIS E. BANOWETZ, 0000 MARK S. GRAZIER, 0000

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DAVID E. GREER, 0000 KEVIN F. MC CROHAN, 0000 GARTH T. SCISM, 0000 RALPH R. GRIFFIN, 0000 GEORGE W. MC CULLEY, 0000 MICHAEL SEBASTIAN, 0000 DAVID J. GRIFFITH, 0000 JOE D. MC DOWELL, 0000 JACKIE L. SELF, 0000 RUSSELL D. GULLETT, 0000 PATRICK F. MC GOVERN, 0000 VICTOR L. SHELDON, 0000 DAVID F. GUNN, 0000 DAVID F. MERRILL, 0000 JAMES H. SHIREY, 0000 MICHAEL HACKENWERTH, 0000 STEPHEN F. MILLER, 0000 JAMES L. SIMPSON, 0000 GARY M. HARA, 0000 DENNIS MINER, 0000 WILLIAM A. SLOTTER, 0000 BILLY R. HARTBARGER, 0000 FREDERICK E. MINER, 0000 HERBERT D. SMILEY, 0000 EARL W. HARTER, 0000 JESUS M. MOLANOCARDENAS, 0000 PERRY G. SMITH, 0000 STEVEN J. HASHEM, 0000 MICHAEL B. MONTGOMERY, 0000 STEVEN A. SMITH, 0000 DONALD J. HASSIN, 0000 ROBERT L. MOODY, 0000 WILLIAM T. SMITH, 0000 PAUL HAVEY, 0000 MARIA E. MOON, 0000 KARL P. SMULLIGAN, 0000 JOHN R. HAWKINS, 0000 JEROME T. MORIARTY, 0000 STANLEY L. SNIFF, 0000 LEONARD T. HENDERSON, 0000 ANTHONY MORRISON, 0000 DEE J. SNOWBALL, 0000 PATRICK R. HERON, 0000 RONALD H. MOSKOWITZ, 0000 JAMES L. SNYDER, 0000 JOHN B. HERSHMAN, 0000 JAMES A. MOYE, 0000 FRANK T. SPEED, 0000 WILLIAM A. HIPSLEY, 0000 ROBERT L. MULLALY, 0000 DANIEL S. SPRING, 0000 JOHN C. HOLLAND, 0000 WILLIAM R. MURPHY, 0000 ROBERT J. STAIERT, 0000 PAUL M. HOUSE, 0000 WILLIAM P. MURRAY, 0000 BRUCE A. STARKEY, 0000 GREGORY A. HOWARD, 0000 JOHN L. NATTERSTAD, 0000 JOHN B. STAVOVY, JR, 0000 DONNA L. HUBBERT, 0000 MURRAY A. NEEPER, 0000 LARRY J. STUDER, 0000 THOMAS C. HUNT, 0000 CHARLES R. NESSMITH, 0000 ROBERT L. SWARTWOOD, 0000 THOMAS W. HUNT, 0000 CHARLES H. NEWELL, 0000 BASIL O. SWEATT, 0000 ROBERTA S. IMMERS, 0000 HERBERT L. NEWTON, 0000 RICHARD M. TABOR, 0000 CHARLES L. INGRAM, 0000 SUZANNE M. NEWTON, 0000 ROBERT S. TEMPLETON, 0000 CHRISTOPHER A. INGRAM, 0000 ROBERT M. NICHOLAS, 0000 WYNIACO D. THOMAS, 0000 CLAUDE T. ISHIDA, 0000 RICHARD L. NORMAN, 0000 REX E. THOMPSON, 0000 STANLEY G. JACOBS, 0000 MARTIN N. NOWAK, 0000 WILLIAM F. TIEMANN, 0000 DENNIS E. JACOBSON, 0000 MADONNA M. NUCE, 0000 CHARLES K. TOBIN, 0000 WALTER S. JANKOWSKI, 0000 ARTHUR C. NUTTALL, 0000 ELROY K. TOMANEK, 0000 CARL R. JESSOP, 0000 DENNIS J. O’BRIEN, 0000 ALAN A. TOMSON, 0000 KENNETH C. JOHNSON, 0000 PATRICK M. O’HARA, 0000 NELSON E. TORRES, 0000 SHELDON L. JOHNSON, 0000 EMMETT N. O’HARE, 0000 JAMES R. TRIMBLE, 0000 WILLIAM G. JOHNSON, 0000 JAMES W. OXFORD, 0000 HUGHES S. TURNER, 0000 FREDDIE L. JONES, 0000 CHARLES C. PANGLE, 0000 PATRICK J. TUSTAIN, 0000 FREDRICK D. JONES, 0000 GARY A. PAPPAS, 0000 DAVID R. TUTHILL, 0000 WALTER M. JONES, 0000 LOUIS A. PAPPAS, 0000 RONALD W. URBAN, 0000 WILLIE E. JONES, JR, 0000 THOMAS W. PARKINS, 0000 THOMAS E. VANDERPOOL, 0000 JAMES JOSEPH, 0000 JAMES A. PATTON, 0000 ROBERT W. VANMETER, 0000 FRED A. KARNIK, JR, 0000 PETER Q. PAUL, 0000 JERRY A. VAUGHN, 0000 ROBERT F. KEANE, 0000 DAVID J. PAYNE, 0000 PHILIP E. VERMEER, 0000 JAMES E. KELLY, 0000 DENIS J. PETCOVIC, 0000 DANIEL J. VONDRACHEK, 0000 HOLLIS G. KENT, 0000 MURRAY T. PETERSEN, 0000 WILLIAM L. WALLER, 0000 BRIAN A. KILGARIFF, 0000 JAMES W. PETERSON, 0000 RONALD L. WEAVER, 0000 KIM KIMMEY, 0000 STEPHEN M. PETERSON, 0000 CHARLES R. WEBB, 0000 CRAIG S. KING, 0000 EMIL H. PHILIBOSIAN, 0000 NANCY J. WETHERILL, 0000 JAMES H. KING, 0000 PHILIP G. PICCINI, 0000 GARY E. WHEELDON, 0000 ROBERT C. KING, 0000 BILLY L. PIERCE, 0000 BERT J. WHITTINGTON, 0000 WILLIAM C. KIRKLAND, 0000 MICHAEL L. PIERCE, 0000 MARK E. WIDMER, 0000 MARK S. KOPSKY, 0000 DAVID S. PIKE, 0000 WILLIAM WILBOURNE, 0000 RICHARD KUECHENMEISTER, 0000 ALBERT PORTO, 0000 JOE D. WILLINGHAM, 0000 THOMAS J. KUTZ, 0000 DONALD E. POTTER, 0000 JOHN F. WILLIS, 0000 HENRY T. KUZEL, 0000 ALLYN R. PRATT, 0000 ROBERT C. WINES, 0000 DIANNE S. LANGFORD, 0000 WAYNE A. PRATT, 0000 MICHAEL L. WOOD, 0000 CHARLES B. LANIER, 0000 CHARLES C. PRICE, 0000 WILLIAM S. WOOD, 0000 ANTONIO S. LAUGLAUG, 0000 MICHAEL L. PRICE, 0000 JAMES A. WRIGHT, 0000 THOMAS C. LAWING, 0000 RONALD G. PRICE, 0000 JEFFREY L. YEAW, 0000 JACK E. LEE, 0000 GARY M. PROFIT, 0000 JOHN L. YOUNG, 0000 WILLIAM T. LEE, 0000 ERNESTO QUINONESMARTIN, 0000 JOHNNIE L. YOUNG, 0000 CLAY C. LEGRANDE, 0000 DAVID W. RAES, 0000 WALTER F. YOUNG, 0000 PHILLIP J. LENNERT, 0000 JAMES W. RAFFERTY, 0000 MICHAEL H. ZANG, 0000 MYRON C. LEPP, 0000 JOHN J. REECE, JR., 0000 KENNETH W. ZIESKA, 0000 GARY N. LINDBERG, 0000 ROBERT E. REED, 0000 BRUCE E. ZUKAUSKAS, 0000 DANIEL M. LINDSLEY, 0000 STEVEN L. REED, 0000 RICHARD K. LINTON, 0000 JOHNNY H. REEDER, 0000 f BETSY A. LITTLE, 0000 JEFFREY C. REYNOLDS, 0000 CASIMIR G. LORENC, 0000 ANDREW RICHARDSON, 0000 CONFIRMATIONS THOMAS D. LUCKETT, 0000 GARY G. RICKMAN, 0000 JOHN B. LYDA, 0000 ROBERT J. RIDILLA, 0000 Executive nominations confirmed by KENNETH L. MACK, 0000 GLENN K. RIETH, 0000 ROBERT M. MACMECCAN, 0000 TIMOTHY D. RINGGOLD, 0000 the Senate February 11, 1998: GLENN W. MAC TAGGART, 0000 JAIME O. RIVERA, 0000 GREGG H. MALICKI, 0000 CHARLES S. RODEHEAVER, 0000 DEPARTMENT OF AGRICULTURE JAMES B. MALLORY, 0000 ALEKSANDRA M. ROHDE, 0000 SALLY THOMPSON, OF KANSAS, TO BE CHIEF FINAN- JOHN C. MALONEY, 0000 JOHN W. ROLLYSON, 0000 CIAL OFFICER, DEPARTMENT OF AGRICULTURE. STEVEN L. MANNHARD, 0000 JAMES T. ROOT, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO JANET V. MARK, 0000 JOSE M. ROSADO, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- DAVID L. MARLEY, 0000 GEORGE M. ROSS, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY PASCUAL MARRERO, 0000 KENNETH B. ROSS, 0000 CONSTITUTED COMMITTEE OF THE SENATE. MARION D. MARSH, 0000 LAWRENCE H. ROSS, 0000 EUGENE C. MARTIN, 0000 JOEL S. ROSTBERG, 0000 THE JUDICIARY CHARLES E. MASON, 0000 CHARLES D. RYDELL, 0000 MATTHEW C. MATIA, 0000 TERRY L. RYDELL, 0000 MARGARET M. MORROW, OF CALIFORNIA, TO BE MICHAEL T. MC CABE, 0000 DAVID F. SARNOWSKI, 0000 UNITED STATES DISTRICT JUDGE FOR THE CENTRAL JEFFREY C. MC CANN, 0000 STEPHEN D. SCHAER, 0000 DISTRICT OF CALIFORNIA. JAMES C. MC CASKILL, 0000 ROBERT C. SCHARLING, 0000 EXECUTIVE OFFICE OF THE PRESIDENT WILLIAM M. MC CORKLE, 0000 LARRY D. SCHIED, 0000 GARY L. MC CORMICK, 0000 JAMES A. SCHILLER, 0000 ROBERT S. WARSHAW, OF NEW YORK, TO BE ASSOCIATE BERNARD D. MC CRAW, 0000 GEORGE A. SCHWENK, 0000 DIRECTOR FOR NATIONAL DRUG CONTROL POLICY.

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