S8874 CONGRESSIONAL RECORD — SENATE June 22, 1995 1986, or many times since that time, not know Dr. Foster that well. I have met with a lot of the families who did when at that time the Chief Justice had one visit with him. I do not snoop not even get a vote of any kind because Rehnquist nomination was on the line. around about his past. I think Senator they were Republicans in a Democratic What does history tell us? History DANFORTH was right when he made Senate. Well, Dr. Foster is getting a tells us that 31 of my colleagues on the that statement: Tell it to the family of vote. I promised him that, and he is other side of the aisle were prepared to John Tower when you talk about alle- getting it very quickly, in 2 days. filibuster a nominee to one of the high- gations and stuff over the transom, I met with him on Monday, and here est positions of our Government, and under the transom and wrecking some- it is Thursday, and we are going to today many of those who supported body’s character; tell it to John Tow- have the second vote. I think his initial this filibuster allege unfairness when er’s family. He is gone. lack of candor and certainly lack of Republicans exercise the same right— Tell it to Robert Bork. Tell it to his truthfulness on the part of the White the same right—only this is a minor of- wife when they were harangued and House made this nomination in doubt fice compared to the Chief Justice of harassed day after day after day by the from the start. the Supreme Court. Judiciary Committee. So whether it is his misleading state- We are talking about a nominee to an Tell it to Bill Lucas and his family, ments concerning his abortion record, office with a budget of under $1 million the fine outstanding sheriff of Wayne or his alleged knowledge of the infa- with a staff of six. But he is supposed County, MI, an outstanding black mous Tuskegee syphilis study or in- to make certain everybody is taken American who did not even get a vote, volvement in sterilizing several men- care of, all the medical problems are any kind of a vote on this floor, be- tally retarded women, there are just going to be taken care of if we just cause the Judiciary Committee voted, too many questions. If the Senator vote yes on this nomination, according in a 7–7 tie, and would not report him from Massachusetts can say that some- to my distinguished colleague from out. body lacks candor, maybe we can say it , Senator DASCHLE. That is the thing the Democrats do with the same credibility on this side In fact, I remember my colleague not tell us: How many Republicans of the aisle. Maybe we are not entitled from Massachusetts arguing against never had a hearing, were never re- to that because we are Republicans, the Justice Rehnquist confirmation be- ported out of the committee, and when only the liberals are entitled to make cause he ‘‘lacked candor in testifying they were reported out, they stayed on those judgments. But we are, too. before the Senate Judiciary Com- the calendar; never had the courtesy to As I said yesterday, we need some- mittee’’ and because of Justice even have a cloture vote. They died on body in that position to be America’s Rehnquist’s ‘‘alleged pattern of expla- the calendar. doctor—not Republicans, not pro-life, nations * * * that are contradicted by I have not heard anybody say any- not pro-choice, not Democrats, not others or are misleading or do not ring thing about that over there, and I put conservatives, not liberals, but Amer- true.’’ those facts in the RECORD. I thought ica’s doctors. It is not a policy posi- Does that sound familiar? Many of us surely somebody would get up and ex- tion, it is a public relations job, with a said this time the same thing about Dr. plain why the Democrats would do that staff of six. The world will not come to Foster. when they talk about fairness and an end if we do not ever fill this office I have talked to him personally, oth- their hearts ache and they cannot sleep or if it is abolished. ers have talked to him, others who are at night. Why do they not read the So it seems to me we do not want on the committee. We should not have RECORD and go back and call all the somebody to divide us, as the previous the right to make that judgment be- families of the people who did not even Surgeon General did, about legaliza- cause we are Republicans, but it is all get a hearing or were on the calendar tion of drugs and all the other state- right to make it against the Chief Jus- week after week after week, month ments made by that Surgeon General, tice nominee for the U.S. Supreme after month after month and never but that has nothing to do with this Court. even had the courtesy of a vote, not nomination. My point is, if there is So, Mr. President, facts can be stub- even a cloture vote. somebody out there, there are thou- born things. They are rarely noted by So I know all about it. I have been sands and thousands of good people out the media, not often used in this Cham- here a while, and I keep track of these there who can unite America, unite ber. But they show that we have a dou- things. What comes around goes Americans, whatever they can do in ble standard and it is alive and well in around, and none of us are perfect. that office, and this is not the right , DC. And it goes on and on When we make arguments on the Sen- nomination. and on. We hear all the hand wringing ate floor, we ought to go back and look Again, I agree with Senator DAN- over there and all the talk of Presi- at the last argument we made and the FORTH. I wonder sometimes why any- dential politics on this side and noth- one before that to see if it is consistent body would accept a nomination, but I ing about Presidential politics down- and how did we vote on Rehnquist be- do not know anybody on this side who town. This is not about Presidential fore standing up to make a speech. has been personal about Dr. Foster. I politics. That may be a good sound I can recall in 1980 joining with the am proud of the fact he is a veteran. As bite. This is about Dr. Foster and his Senator from Massachusetts, Senator far as I can see, he is a good person. We qualifications for the office, and it is KENNEDY, when they wanted to block had a nice visit. But also we have to about our right to advise and consent. John Breyer’s nomination. I said it have a record, and the record, I think, I must say, as I look back on it, we should not be blocked, and I voted for is the problem: His lack of candor. could have chosen other options, but it cloture, and we succeeded. He was a So we are proceeding, I think, in a seemed to me this was a fair option, Democrat, so it is not politics. very fair way, as we look at history just as fair as it was for Justice This nomination was flawed from the and look at the record and look at how Rehnquist who was nominated to be start, and the President knows it. But quickly this nomination has moved. Chief Justice. he sought to divide the American peo- It seems to me cloture should not be Cloture was invoked in that case. ple on the issue of abortion. That is all invoked and this nomination would go Cloture can be invoked in this case. this nomination is about, trying to di- back on the calendar, as the unani- The issue is not whether cloture was vide the American people for political mous-consent agreement indicates. invoked on 22 of the 24 nominations purposes, and the President talks that have been subjected to cloture about politics and his Chief of Staff f procedure. This is a false distinction. Leon Panetta goes on television this What is important is we have had 24 morning in some outrageous statement CLOTURE MOTION nominations subjected to a cloture about a vengeance up here—venge- The PRESIDING OFFICER (Mr. vote. So he can get an up-or-down vote, ance—which means they must be los- THOMPSON). The hour of 2 p.m. having all he needs to do is get 60 votes on ing. arrived, under the previous order, the this, as others have done in the past. So I wish Dr. Foster well. No one clerk will report the motion to invoke I do not question those who say Dr. likes to see someone who may want to cloture. Foster is probably a fine person. I do have a job denied that opportunity. I The legislative clerk read as follows:

VerDate Aug 31 2005 05:41 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22JN5.REC S22JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 22, 1995 CONGRESSIONAL RECORD — SENATE S8875 CLOTURE MOTION NATIONAL HIGHWAY SYSTEM (b) a safety belt use rate in each suc- We, the undersigned Senators, in accord- DESIGNATION ACT ceeding fiscal year thereafter of not less ance with the provisions of Rule XXII of the than the national average safety belt use Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The rate, as determined by the Secretary of move to bring to a close debate on Executive clerk will report the pending business. Transportation. Calendar No. 174, the nomination of Dr. The assistant legislative clerk read Henry W. Foster, to be Surgeon General of as follows: Mr. GREGG. Mr. President, I rise in the United States: A bill (S. 440) to amend title 23, United support of this amendment which al- Senators Christopher Dodd, Carl Levin, States Code, to provide for the designation of lows New Hampshire to meet the safety Dianne Feinstein, James Exon, Harry Reid, the National Highway System, and for other belt use law requirements under sec- Daniel K. Akaka, Claiborne Pell, Richard purposes. tion 153 of ISTEA. Under this amend- Bryan, Patty Murray, Bob Graham, Max Baucus, Frank R. Lautenberg, Russell D. The Senate continued with the con- ment, highway safety funds would not Feingold, Barbara Mikulski, Barbara Boxer, sideration of the bill. be transferred from highway construc- Edward Kennedy, Tom Daschle, and Carol Mr. WARNER addressed the Chair. tion projects to highway safety pro- Moseley-Braun. The PRESIDING OFFICER. The Sen- grams if the safety belt use rate in fis- f ate will be in order. The Senator from cal years ending September 30, 1995, CALL OF THE ROLL . and September 30, 1996, is not less than Mr. WARNER. Mr. President, the 50 percent. In fiscal years thereafter The PRESIDING OFFICER. By unan- managers wish to report steady safety belt rate shall not fall below the imous consent, the quorum call has progress on this bill. However, we have national average as determined by the been waived. an amendment now being reviewed by Secretary of Transportation. f all parties involved in the Stevens- It is my belief that the Federal Gov- Murkowski amendment. We are await- VOTE ernment should not mandate seatbelts; ing a report back on their negotiations, The PRESIDING OFFICER. The those decisions should be left to the which I am hopeful will resolve these question is, Is it the sense of the Sen- States. I believe all individuals should issues. ate that debate on the nomination of wear seatbelts whenever they ride in a Mr. BAUCUS. Mr. President, the Sen- Henry W. Foster, Jr., to be Surgeon vehicle. Furthermore, I believe that General, shall be brought to a close? ate is not in order. The PRESIDING OFFICER. The Sen- local government, not the Federal Gov- The yeas and nays have been re- ernment, should continue to play a role quired. ate will come to order. in educating people regarding the need The clerk will call the roll. Mr. WARNER. Mr. President, I be- The legislative clerk called the roll. lieve we can now proceed. to take every precaution when oper- The yeas and nays resulted—yeas 57, Once again, I wish to inform the Sen- ating a vehicle. nays 43, as follows: ate on behalf of the managers that we As a former Governor, I realize first- [Rollcall Vote No. 280 Ex.] are making progress. The one remain- hand the frustration local government YEAS—57 ing amendment which is yet to really experiences when the Federal Govern- Akaka Feinstein Levin be fully reconciled is that regarding ment attempts to micromanage public Baucus Ford Lieberman the issues in , the amendment policy. Americans no longer want big Biden Frist Mikulski proposed, of course, by the senior Sen- Bingaman Glenn Moseley-Braun brother looking over their shoulder at- Boxer Gorton Moynihan ator and junior Senator, Mr. STEVENS tempting to force compliance with re- Bradley Graham Murray and Mr. MURKOWSKI. gard to seatbelt compliance. Breaux Harkin Nunn Until that matter is further refined, I I am pleased that this amendment, Bryan Heflin Packwood have nothing further at this time and I Bumpers Hollings Pell which allows New Hampshire to be yield the floor. Byrd Inouye Pryor judged on its safety record for safety Campbell Jeffords Reid Mr. CHAFEE addressed the Chair. belt usage, has been adopted. This Chafee Johnston Robb The PRESIDING OFFICER. The Sen- Cohen Kassebaum Rockefeller amendment will remove the current ator from Rhode Island. Conrad Kennedy Sarbanes unfair mandatory penalties forced on Daschle Kerrey Simon AMENDMENT NO. 1464 Dodd Kerry Simpson New Hampshire without regard for its Dorgan Kohl Snowe Mr. CHAFEE. Mr. President, on be- excellent seatbelt compliance record. Exon Lautenberg Specter half of Senator SMITH and Senator Feingold Leahy Wellstone GREGG, I send an amendment to the Mr. CHAFEE. Mr. President, this is an amendment that takes care of a par- NAYS—43 desk and ask for its immediate consid- ticular situation that has arisen in Abraham Gramm McConnell eration. Ashcroft Grams Murkowski The PRESIDING OFFICER. The New Hampshire and addresses the de- Bennett Grassley Nickles clerk will report. sires of the Senators there. They are Bond Gregg Pressler The legislative clerk read as follows: doing extremely well as far as their Brown Hatch Roth seatbelt usage goes. This makes them Burns Hatfield The Senator from Rhode Island [Mr. Santorum continue in that path and move up to Coats Helms Shelby CHAFEE], for Mr. SMITH, for himself and Mr. Cochran Hutchison Smith GREGG, proposes an amendment numbered the national average as time goes on. Coverdell Inhofe Stevens 1464. Craig Kempthorne It is an amendment that has been Thomas D’Amato Kyl Mr. CHAFEE. Mr. President, I ask Thompson cleared by both sides, and I think it is DeWine Lott Thurmond unanimous consent that reading of the a good one. Dole Lugar amendment be dispensed with. Domenici Mack Warner The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without Faircloth McCain ator from Montana. The PRESIDING OFFICER. On this objection, it is so ordered. Mr. BAUCUS. May I ask the distin- vote, the yeas are 57, the nays are 43. The amendment is as follows: guished chairman of the committee, is Three-fifths of the Senators duly cho- At the appropriate place on the bill add the sen and sworn not having voted in the following new section: this the same version the chairman affirmative, the motion is not agreed SEC. . showed me not too long ago, maybe to. The State of New Hampshire shall be about an hour or so ago? Under the previous order, the nomi- deemed as having met the safety belt use law Mr. CHAFEE. Yes. nation is returned to the calendar. requirements of section 153 of title 23 of the U.S. Code, upon certification by the Sec- Mr. BAUCUS. Mr. President, we have f retary of Transportation that the State has examined this amendment and we LEGISLATIVE SESSION achieved— think it is acceptable. (a) a safety belt use rate in each of fiscal The PRESIDING OFFICER. The Sen- years ending September 30, 1995 and Sep- Mr. SMITH. Mr. President, I want to ate will now return to legislative ses- tember 30, 1996, of not less than 50 percent; thank the managers of this bill, the sion. and Senators from Rhode Island, Virginia,

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