E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, OCTOBER 20, 1999 No. 143 Senate The Senate met at 9:32 a.m. and was I pledge allegiance to the Flag of the minutes for debate equally divided and called to order by the President pro United States of America, and to the Repub- controlled between the majority and tempore (Mr. THURMOND). lic for which it stands, one nation under God, minority leaders. indivisible, with liberty and justice for all. The Senator from Pennsylvania is PRAYER f now recognized. The Chaplain, Dr. Lloyd John RECOGNITION OF THE ACTING Mr. SANTORUM. I thank the Chair. Ogilvie, offered the following prayer: MAJORITY LEADER Mr. President, we will be voting on a This is Character Counts Week, es- motion to proceed to a bill that we The PRESIDENT pro tempore. The tablished by the Senate to build the have brought up in the Senate now for acting majority leader is recognized. character of the American people. And the third session of the Senate, third Mr. SANTORUM. I thank the Chair. today we consider two of the pillars of Congress in a row. I do not believe character: fairness and caring. f there is much controversy with respect Let us pray. SCHEDULE to considering this bill. Obviously, this O dear God, in a world where so much bill is going to pass, and it is going to seems not fair and in a culture that has Mr. SANTORUM. Mr. President, pass by an overwhelming vote. become so careless, where people so today the Senate will immediately re- The concern that was voiced last often are unfair and uncaring to each sume debate on the motion to proceed night, and I think will be voiced today, other, we ask You to give us more love, to the partial-birth abortion bill. There is that we are moving off campaign fi- self-sacrifice, and more likeness of You will be 20 minutes of debate with a vote nance reform to the partial-birth abor- so that we may do battle with anything to occur at approximately 9:50 a.m. It tion bill. I am hopeful we can recognize that denies fairness or caring of people is anticipated the motion will be that we had a good debate on campaign who are cherished by You. May our adopted, and therefore debate on the finance reform; amendments were of- fairness and caring go beyond a cau- bill will continue throughout the day. fered; there were several days for those tious give and take. Teach us to sac- It is the hope of the majority leader amendments to be offered; and it is ap- rifice our own comfort to comfort oth- that an agreement can be reached with parent there is not enough votes to ers, our own preferences to give others regard to amendments so the bill can overcome cloture, to break a filibuster, a sense of what is good for them. Make be completed by the close of business if in fact that was going to be called us fair in thought, kindly in attitude, tomorrow. The Senate may consider for, and that it is time to move on to gentle in word, generous in deed. Re- any conference reports available for ac- other business, whether it is partial mind us that it is better to give than to tion. I thank my colleagues for their birth or bankruptcy or appropriations receive, to forget ourselves than to put attention. bills and the like, and that a week, al- ourselves first, to serve rather than ex- f most a week-long debate on the issue of campaign finance reform was, in pect to be served. RESERVATION OF LEADER TIME O dear God, help us care for our Na- fact, sufficient. tion and its future. May the Senators’ The PRESIDING OFFICER (Mr. We know where the votes are going caring for every phase of our society be ALLARD). Under the previous order, to come out. I don’t think anyone is an example to the American people. leadership time is reserved. going to be changed by further debate May there be a great crusade of caring f and further amendments. It is time to move on to the other business at hand. and fairness, beginning right here and PARTIAL-BIRTH ABORTION BAN I hope we can have some sort of comity spreading across this land. May chil- ACT OF 1999—MOTION TO PROCEED dren see from their parents and from here that would allow the business to these leaders that caring and fairness The PRESIDING OFFICER. Under continue. I think that would be good are not only crucial but are the crux of the previous order, the Senate will now for all of us, particularly those of us our civilization. Dear God, make us resume debate on the motion to pro- who would not like to be here through courageous, caring, and fair people, for ceed to S. 1692, which the clerk will re- the holidays for a long period of time, You are our Lord and Savior. Amen. port by title. who would like to get back home after The bill clerk read as follows: f we finish our business to spend some Motion to proceed to the consideration of time with our constituents in our PLEDGE OF ALLEGIANCE S. 1692, a bill to amend title 18, United Sates States. The Honorable WAYNE ALLARD, a Code, to ban partial-birth abortions. So, again, I think a fair debate was Senator from the State of Colorado, led The PRESIDING OFFICER. Under had, the votes are clear, and further de- the Pledge of Allegiance, as follows: the previous order, there will be 20 bate will do nothing other than take up

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

S12861

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VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12862 CONGRESSIONAL RECORD — SENATE October 20, 1999 the time of the Senate and delay action restored to good health. That is the de- those two cloture votes, we can do on important matters that we have to cision we are going to make. that. There is every opportunity now get to before we adjourn for the end of This is the vote that tests the deter- to offer amendments. There are a vari- the year. mination of supporters of campaign fi- ety of ways to clear places on the So with that, I am hopeful my col- nance reform against the determina- amendment tree so the debate can pro- leagues, frankly, on both sides of the tion of the opponents—whether the ma- ceed and we can see if we can work aisle will support moving off campaign jority which went on record yesterday something out and actually pass the finance reform. as favoring campaign finance reform bill. With that, I reserve the remainder of will say we are going to give up our I appreciate the candor of the Sen- my time. cause for whatever length of time be- ator from Pennsylvania, who just said, Mr. LEVIN. Mr. President, do I un- cause we haven’t gotten 60 votes yet. as I understand it, we had a fair debate. derstand there are 10 minutes for this We would not have had civil rights leg- This is not what some of the other Re- side? islation if that were the position taken publicans said. He also indicated there The PRESIDING OFFICER. The Sen- by the supporters of civil rights—8 long had been an opportunity to offer ator is correct. weeks on just one of the civil rights amendments. That is what the Senator Mr. LEVIN. The majority leader has bills in the 1960s and four cloture votes, said. That is the opposite of what many authorized me to allocate time to my- which finally, with the help of a bipar- of the opponents of reform said. Which self. I yield to myself 4 minutes. tisan group, were able to take them is it? Was there an opportunity to offer A majority of the House and a major- over the finish line. amendments or not? Maybe it is an ity in the Senate support campaign fi- Yes, the opponents have a right to academic debate at this point. It is a nance reform. It was clearly indicated filibuster, a right to tie up the Senate. very interesting difference in the way yesterday that we have a majority in However, we in the majority on cam- the last few days have been character- favor of campaign finance reform. A paign finance reform do not have to ized. minority of the Senate is not in favor back down. This is the vote that What really counts is that amend- of campaign finance reform, and they counts: Whether we in the majority ments can be offered right now. If there have decided to try to block the will of agree we will move to something else is any Senator out there who is saying the majority, which is their right. or whether we will say to the filibus- he has not had that chance to offer They can filibuster this legislation to ters they may do what they are doing amendments, they should vote to have which they are so strongly opposed, under our rules and we will defend that the Senate continue on the campaign and I defend their right to oppose this right, but we need not and will not finance reform bill and come down and legislation with all their might, al- back down to that filibuster. offer an amendment. Now is not the though I disagree with them with all I yield the floor. time to put campaign finance reform my might. Mr. FEINGOLD. Mr. President, how back on the calendar, which in this The supporters of campaign finance much time remains on the Democratic case means the back burner. It is time reform have every right to try to pass leader’s time? to come together and work to find a the bill. That means we have every The PRESIDING OFFICER. Six min- consensus. right to not agree to withdraw cam- utes. Whatever different spin is put on this paign finance reform legislation just Mr. FEINGOLD. Mr. President, I ask issue, the bottom line is this: The soft because we didn’t get cloture on the I be yielded such time as I shall con- money system is wrong and it must be first, second, or third vote. It took four sume. ended. Mr. President, 55 Members of votes to get civil rights legislation I especially thank the Senator from this body have now voted for reform. passed in the late 1960s and 7 weeks to Michigan for his great determination The time has come to finish the job. get that legislation passed. It wouldn’t on this issue. I am certainly going to I urge my colleagues to vote ‘‘no’’ on have passed had the supporters of civil join him on this. this motion to proceed and help the rights legislation, after they did not I will vote ‘‘no’’ on the motion to Senate take a step toward doing that. I suggest the absence of a quorum get the necessary votes to adopt clo- proceed in a few minutes, but it is not and ask the time be equally divided. ture the first time, backed off from because I oppose moving to the late- The PRESIDING OFFICER. Without their cause. term abortion bill at this time. Sup- objection, it is so ordered. We, the supporters of campaign fi- porters of campaign finance reform are The clerk will call the roll. nance reform, are just as passionately prepared to move that bill by consent, The bill clerk proceeded to call the in support of closing the soft money which keeps the campaign finance bill roll. loophole as the opponents are pas- as the pending business of the Senate— Mr. SANTORUM. Mr. President, I sionate in their opposition. We do not that is all we are trying to do—and ask unanimous consent that the order need to withdraw as long as we are in thereby allows the Senate to return to for the quorum call be rescinded. the majority. We don’t have to go it once the late-term abortion bill is The PRESIDING OFFICER. Without quietly into that good night after a completed. objection, it is so ordered. failed cloture vote. This vote we are going to have in a Mr. SANTORUM. Mr. President, This vote we are about to take on a few minutes is not about whether we again I ask my colleagues to join with motion to proceed to another item of will debate late-term abortion. Every- me in voting to move to proceed to the business, this motion to end the Sen- body here is prepared to do that. It is Partial-Birth Abortion Ban Act. It is a ate’s consideration of campaign fi- about whether we will keep working on bill that is important business. It is nance reform in the face of a filibuster the campaign finance bill after a short something that has overwhelming sup- by the opposition, is the vote that real- hiatus to do other business. port in the Senate. I hope we can move ly counts on campaign finance reform. I want to be clear: Senator MCCAIN to this issue. This is the moment of truth. A cloture and I are ready to move forward in de- If there is a need to debate campaign vote simply decided that we did not bating our bill. I thought we had an ex- finance reform in the future, then that succeed in breaking the filibuster. citing series of votes yesterday, the is a matter for the leaders to work out, Today the majority will decide whether upshot of which is, we have three new whether we want to come back to that to give in to that filibuster. That is supporters of reform. We need to keep issue. I think we have spent enough what this vote is about, whether or not up the pressure for reform. We did not time on this bill. It is very clear where a majority of this Senate which favors have adequate time on the floor to do this issue is going. At least the issues closing the campaign loopholes in the that. The majority leader promised on of McCain-Feingold and Shays-Meehan law that are supposed to put limits on the record 5 days of debate. We had 4 do not have the necessary votes to pass how much a person can contribute to a days, and 1 of the days was yesterday in this Senate. Maybe there are other campaign or candidate, gives in to a when all we did was vote on cloture. kinds of campaign finance that could, filibuster, whether those laws which I say to my Republican colleagues and maybe we could use this time over have been so totally undermined by the who say they want the chance to offer the next several months to find some soft money loophole, in effect, will be amendments, now that we have had middle ground to get a compromise.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12863 We are not there right now. It is time to proceed. The yeas and nays have Smith (OR) Thomas Voinovich Specter Thompson Warner to move on with the business of the been ordered. The clerk will call the Stevens Thurmond Senate and the American people. roll. I yield the remainder of my time. The legislative clerk called the roll. NAYS—47 Mr. BIDEN. Mr. President, I rise to The PRESIDING OFFICER (Mr. Akaka Feingold McCain Baucus Feinstein Mikulski comment briefly on why I will vote GRAMS). Are there any other Senators against the motion to proceed to S. Bayh Graham Moynihan in the Chamber who desire to vote? Biden Harkin Murray 1692, the Partial-Birth Abortion bill. I The result was announced, yeas 52, Bingaman Inouye Reed support this legislation. I have voted nays 48, as follows: Boxer Jeffords Reid for passage of this bill in the past, and Bryan Johnson Robb [Rollcall Vote No. 332 Leg.] Chafee Kennedy Rockefeller I have twice voted to override the Cleland Kerrey YEAS—52 Roth President’s veto. I think we should Collins Kerry Sarbanes Abraham Fitzgerald McConnell Conrad Kohl take up this bill in the Senate, and I Schumer am quite certain we will get to it. Yes- Allard Frist Murkowski Daschle Lautenberg Ashcroft Gorton Nickles Dodd Leahy Snowe terday, in fact, we offered to move to Bennett Gramm Roberts Dorgan Levin Torricelli this bill by unanimous agreement and, Bond Grams Santorum Durbin Lieberman Wellstone had that been accepted, we would be on Breaux Grassley Sessions Edwards Lincoln Wyden Brownback Gregg it now. Shelby The motion was agreed to. Bunning Hagel Smith (NH) The problem with this procedural Burns Hatch Smith (OR) f Byrd Helms tactic of having a recorded vote on this Specter Campbell Hollings PARTIAL-BIRTH ABORTION BAN motion is that it ends the Senate’s Stevens Cochran Hutchinson ACT OF 1999 work on campaign finance reform, and Coverdell Inhofe Thomas we are not finished with that bill yet. Craig Kyl Thompson The PRESIDING OFFICER. The We started debating campaign finance Crapo Landrieu Thurmond clerk will report the bill. Voinovich reform last week, and we have a chance DeWine Lott The legislative clerk read as follows: Domenici Lugar Warner to make some genuine improvements Enzi Mack A bill (S. 1692) to amend Title 18, United in American politics. We should finish States Code, to ban partial-birth abortions. NAYS—48 what we have started. The Senate proceeded to consider the Mr. MCCAIN. Mr. President, I intend Akaka Feingold Lincoln Baucus Feinstein McCain bill. to vote against the motion to proceed Bayh Graham Mikulski Mr. SANTORUM. Mr. President, we to S. 1692, legislation to ban partial Biden Harkin Moynihan now, somewhat belatedly, begin the de- birth abortions. Bingaman Hutchison Murray bate on partial-birth abortion. To re- Boxer Inouye Reed This is an unnecessary parliamentary view the actions of this body on this maneuver designed solely to displace S. Bryan Jeffords Reid Chafee Johnson Robb issue and the actions of the Congress, 1593, the campaign finance reform bill, Cleland Kennedy Rockefeller this is the third time this bill or some from the floor. A unanimous-consent Collins Kerrey Roth Conrad Kerry Sarbanes form of this bill has been voted on to agreement was offered, with no known pass the Senate. We passed this bill in opposition, to temporarily lay aside Daschle Kohl Schumer Dodd Lautenberg Snowe 1995 and in 1997. Here we are again in the campaign finance reform bill so Dorgan Leahy Torricelli 1999. We had two override attempts of that the Senate could consider the par- Durbin Levin Wellstone the President’s veto in 1996 and 1998, tial birth abortion ban legislation. Edwards Lieberman Wyden and I am fairly sure we will probably Under that procedure, when the Senate The motion was agreed to. have another attempt on a Presidential finishes its work on the latter bill, we Mr. OTT. Mr. President, I move to re- veto override next year, in the year could then return to complete the de- consider the vote. 2000. bate on campaign finance reform. But Mr. COVER DELL. I move to lay that Each time this bill has been voted on, if this procedural vote is successful, motion on the table. succeeding Congresses picked up votes. the McCain-Feingold bill will be re- Mr. LEVIN. I ask for the yeas and In other words, we have gotten closer turned to the Senate calendar, effec- nays. to the two-thirds necessary, 67 Sen- tively cutting off the debate, well short The PRESIDING OFFICER. Is there a ators, to override an anticipated Presi- of the time promised to consider this sufficient second? There is a sufficient dential veto. I am hopeful we will con- important issue. second. I want to make very clear, my strong tinue that trend. We started in 1995 The yeas and nays were ordered. with a vote of 55 or 56 Senators sup- support for this bill and my unequivo- The PRESIDING OFFICER. The cal and long-standing opposition to the porting banning this procedure. As of question is on agreeing to the motion the vote last year, we were up to 64 practice of partial birth abortion. I am to lay on the table the motion to re- pro-life and oppose abortion except in Senators in this body agreeing this consider. The yeas and nays have been procedure is not necessary. It is, in the case of rape or incest, or when the ordered. life of the mother is in danger. Partial fact, unhealthy and it is a threat to the The clerk will call the roll. health and life of the mother, as well birth abortion is a repugnant procedure The legislative clerk called the roll. and an abomination, which should be as being a brutal and barbaric proce- The PRESIDING OFFICER. Are there dure. outlawed. any other Senators in the Chamber de- I am a cosponsor of this legislation, I am hopeful through the course of siring to vote? as I was in previous years. I have voted this debate we can have a fair debate five times over the past 5 years to ban The result was announced—yeas 53, about this issue. Some have tried to this repugnant and unnecessary proce- nays 47, as follows: turn this into a broader debate about dure, including two votes to overturn [Rollcall Vote No. 333 Leg.] abortions and view this as just the first the President’s veto of this legislation. YEAS—53 shot at Roe v. Wade, an attempt to put When the Senate votes on S. 1692, I will Abraham DeWine Hutchison a chink in the armor, intimating there again vote for the ban. Allard Domenici Inhofe is a grand agenda to try to chip away Ashcroft Enzi Kyl abortion rights that were given by the As I stated yesterday, I will not give Bennett Fitzgerald Landrieu up the fight to enact meaningful re- Bond Frist Lott Supreme Court in Roe v. Wade. form of our campaign finance system. Breaux Gorton Lugar Let me assure my colleagues that is If the McCain-Feingold bill is pulled Brownback Gramm Mack not my intention. This bill is a Bunning Grams McConnell from the floor today, I will return to Burns Grassley Murkowski straightforward piece of legislation the Senate floor with amendments on Byrd Gregg Nickles that deals with a specific procedure. In campaign reform this year, next year, Campbell Hagel Roberts fact, I am hopeful we will be able, Cochran Hatch Santorum through an amendment process, to and as long as it takes. Coverdell Helms Sessions The PRESIDING OFFICER. The Craig Hollings Shelby make it even more clear we are refer- question is on agreeing to the motion Crapo Hutchinson Smith (NH) ring simply to the procedure known as

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12864 CONGRESSIONAL RECORD — SENATE October 20, 1999 partial-birth abortion. I will describe weeks of gestation. During a 40-week year, people would be marching on what that procedure is in a moment. gestational period, partial-birth abor- Congress and saying: How can you let But there is no such intent here. In tions are performed on babies who are 5, much less 5,000, babies be killed in fact, one of the reasons we are offering at least 20 weeks. So this is a late-term such a horrific way? But because we this amendment is because we believe abortion. This is a second- and in some put it under the rubric of abortion, it is this comports with Roe v. Wade; that cases a third-trimester abortion. Let OK. this is a constitutional restriction and, me start with how it starts. What I want to show today, looking in fact, it falls outside the concerns of First, the mother presents herself to at this procedure, is this is not like Roe v. Wade because the baby is out- the abortion clinic. The abortionist de- abortion. This is like infanticide. This side of the mother. The baby is no cides what procedure he or she wants is a baby who is all but born and then longer in the mother’s womb. to use to kill the baby. In a small per- killed. So I think we need to look at it So decisions have been made in the centage of second- and third-trimester and have this debate focus on not the courts across the country. There have abortions, a partial-birth abortion is issue of abortion because there are been several State bans that have been used. It is not the most common meth- plenty, as is evidenced by the numbers, held unconstitutional, one that was od of abortion in late trimester. In of other procedures available to per- held constitutional. So my guess is we fact, it is relatively rare. We are not form abortions. This is a rogue proce- will continue to see States deal with sure of the numbers. The reason we are dure that is infanticide. That is why this issue, courts continue to be all not sure of the numbers is we have to Members on both sides of the aisle who over the map, some saying it is uncon- rely on the abortion industry—which, are supporters of abortion rights have stitutional, some saying it is constitu- by the way, opposes this bill—to give joined with us because they believe tional, until we get, finally, to the Su- us their numbers on how many they this is a step too far. We have drawn the line in the wrong place. Once the preme Court and they can look at it. I say they do. The Federal Government baby is in the process of being born, we am confident it is constitutional. does not keep track of the method of Having said that, we just finished a abortion used in the second and third have to say: Wait a minute; this baby debate on campaign finance reform trimester. In fact, they don’t keep is now outside of the mother, almost outside of the mother. This is not abor- where the very Members who stand be- track of the method of abortion period. tion anymore. fore the body to say we cannot pass So we do not know from any Govern- What happens is the mother presents ment statistics or any independent this because it is unconstitutional herself to the abortionist and the abor- source how many of these abortions are voted for campaign finance reform bills tionist decides they would like to do an performed. We only can go by what the that are clearly unconstitutional, intact D&E, or a partial-birth abortion. opponents of this bill tell us is the clearly in violation of the Supreme What happens is the abortionist will Court’s edict on allowing unlimited number. They originally told us there were give the mother pills to dilate the soft money. But they come here and mother’s cervix so the abortionist can say: We think the Court is wrong and just a few hundred. Then a report came out in a paper in northern New Jersey, then perform the abortion. Not imme- we are going to ban it anyway. This is diately; this is a 3-day procedure. The directly on point with a Supreme Court the Bergen County Record, and they just happened to have a good reporter mother comes back in 2 days. On the decision. third day, after she has taken the pills In our case, with partial-birth abor- who thought maybe he would ask his the first day and the second day, she tion, where the baby is killed in the local abortion clinic how many of these presents herself back to the abortionist process of being born, the baby is out- abortions were performed. He took the time, as reporters I think would want with the cervix dilated. side the mother, under Roe v. Wade I can get into all the health reasons to do, to find out the accuracy of the they let stand a Texas statute that was why this is dangerous and could lead to story he was reporting. He contacted under appeal under Roe v. Wade prohib- infections and problems, and what we iting the killing of a child in the proc- an abortion clinic in northern New Jer- have seen, not just infections but it ess of being born. sey and the abortion clinic there said can lead to and, in fact, has led to ba- So in a sense we have a case on point they did 1,500 a year at that clinic. bies being born as a result of the dila- in Roe v. Wade that says this kind of Where the national organization said tion of the cervix. The mothers go into thing is, in fact, constitutional. Yet they did 500 nationally, there were 1,500 labor and babies are born and born you will hear the arguments, I am sure, done at that clinic. The person at the alive. In fact, we have cases in the last at length in the next day or two that clinic who said they did 1,500 there said few weeks where a baby who was to we cannot pass this because some they had trained a couple of other have been aborted through a partial- courts have said this is unconstitu- abortionists who perform them in New birth abortion was born alive and is tional. I think at best that is an un- York, in addition to the 1,500 that were alive today. By the way, this is a per- clear argument. At worst, I would done there. fectly healthy little girl. So when the argue it is clearly constitutional be- So when I say a small percentage, argument is these babies wouldn’t live cause of the Roe v. Wade decision. that is what has been reported to us, or these babies are deformed or it is for To make that argument the very again, by the people who oppose this the health of the mother, none of this day—or the day after, now—many of and who realize the more they report is true. None of this is true. the Members making this argument the harder it is for them to defend. Be- Now we have cases—in fact, just in vote for something that is clearly un- cause, again, what you hear the Presi- the last few weeks, a case where this constitutional because they want to dent and other advocates of this proce- baby is alive today. Another baby was send it to the Court and have the Court dure talk about is this is a rare case— born alive but not attended to by the take another look at it strikes me as a just to protect the mother’s health or abortionist, not attended to. They let little disingenuous; that you would life, in the case of a severely deformed the baby die. make one argument one day and do a baby, so it is very rarely done. What we Again, the point I am trying to make 180 degree turn and say we cannot pass found is that is not the case. is, the line is a very important one. it because it is unconstitutional when I think it is clear and many have ad- You can see from the case where the the day before you pass what you know mitted since within the abortion indus- baby was allowed to die that once we is unconstitutional and you hope the try, that is just not true. So what we begin to think of this little baby out- Court will change its mind. have is a case where we do not know side the mother as just a disposable I think now what I want to do is go how many are performed but we be- item, then we have lost something. We through briefly what a partial-birth lieve, according to them, it is around have blurred the line, which I do not abortion is, how it is performed, when 5,000 or more a year. I want to stop think we as a society want to allow to it is performed, who performs it, where right there and pause for a minute. I be blurred, about who is protected by it is performed, and why. If I could first want everybody to think if we heard our Constitution and our right to life. start out with a chart that describes about the murder of 5,000 children a Clearly, I hope we all believe that the procedure, you can see this is a year through a procedure or some act once a baby is born, that baby is enti- baby. By the way, that is at least 20 of violence—if we heard about 5,000 a tled to life. Where we draw the line as

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12865 to when that occurs is significant. comes out first as opposed to the feet of torture, the American public would That is why many people who are, coming out first? Some have argued be aghast, they would be outraged, out- again, for abortion rights say: Once the that once the baby’s head is through raged that such barbarism could occur baby is outside, I am a little uncom- the cervix, that is birth, so maybe they in a civilized country. But this barba- fortable saying you can kill the baby, are under constitutional rights. rism occurs every single day in Amer- as well they should. Do you see how fuzzy this line is, and ica. Thousands of times a year, little The mother presents herself, on the do you see why some on both sides of babies are killed in this brutal fashion. third day of the cervix being dilated, to this issue believe it is important to Why? I will get to that in a minute. the abortionist. The abortionist uses draw the line so we do not get into this Who performs this? And where, by an ultrasound to examine the mother rather difficult situation? the way? Is this performed in hos- and guide the abortionist to insert for- The baby is delivered, all but the pitals? The answer to that is no. No ceps in through the cervix, up into the head. The abortionist then does a bar- hospital would do an abortion such as uterus. baric thing. I even think those who this. Is this in the medical literature? Those of you who have been involved support this procedure would argue and The answer is no. It is not taught in in the birth of children know—we have would agree with me that this is bar- any medical school. It is not taught six children—babies are usually at that baric. This is a living baby, a human anywhere except by the developer and age in a head-down position. They being. It is delivered outside of the another person from Ohio who devel- move around, but as they go further in mother. Its arms, its legs, its torso are oped this procedure. pregnancy, the baby usually has its outside the mother. The doctor, be- Is the person who developed this head in the down position. cause they cannot see; it is a blind pro- abortion technique a well-known obste- They reach up with the forceps and cedure—the baby is face down—feels up trician, someone who is board certified, grab the baby by the foot or the leg. the spine to the base of the neck, base someone who is an expert in internal Again, this is a 20-week-plus baby. We of the skull, top of the neck, finds the fetal medicine? No. No. Not only is this have plenty of documentation that this point at the bottom of the base of the person not board certified, not only is has gone on at 22, 23, 24, 25, 26, and even skull, takes a pair of scissors, and jams this person not an expert in internal older—but rare as it gets older, I admit it into the base of the baby’s skull. fetal medicine, this person is not even that. This is a fully developed baby I do not have to tell you, a baby at an obstetrician. that would otherwise, if delivered at 20-plus weeks has a fully developed—I The person who developed this proce- this week of gestation, be born alive. should not say fully—has a developed dure was a family practice doctor who, They take the baby and grab the leg nervous system and feels pain, acutely I guess, could not make it saving chil- with the forceps. Then they turn the some have suggested, more than you dren so went into the abortion business baby around in the uterus. Many of you would feel pain. A medical doctor takes and developed this procedure, not be- are familiar with the term ‘‘breech a pair of scissors and jabs the baby in cause this was a procedure that was in birth.’’ When you present yourself for the skull. the best interest of anybody concerned, delivery of a baby and you are told Nurse Brenda Shafer, who testified except the abortionist, but because this your baby is in a breech position, bells before the Senate and House Judiciary is a much simpler procedure in the and whistles go off. Obstetricians get Committees, described the reaction of sense it takes less time, so you can do very nervous because there are a lot of one of the babies when this occurred. more abortions during a day. It takes difficulties with delivering a baby in a The baby threw out its arms and legs. less time than other late-term abor- breech position. There are a lot of com- If you ever held a little baby and you tions, so you can do more of them. plications, obviously for the baby, but gently bounced them in your arms, And, of course, when you get paid for also for the mother. To deliberately they stick out their arms because they these, the more you can do, the more turn a baby into a breech position, by are not sure, they lose their equi- money you make. common sense, endangers the mother. librium. She said it was just like that. Why is this procedure done? You will Obviously, in abortion it dramatically The little baby lost its equilibrium and hear arguments today that this proce- endangers the baby. then fell down. dure is done to protect the life and They take the leg, and they pull the The baby is dead now. The abor- health of the mother—that is what you baby feet first out of the uterus tionist has killed the baby that was 3 will hear: life and health—and another through the birth canal. All of the inches from being protected by the thing which is health related: the fu- baby is delivered except for the head. Constitution. Three inches more and ture fertility of the mother. We will The entire baby is outside the mother everybody in America would say—ev- have a long debate about that. I am not with the exception of the baby’s head. erybody but a couple of people in going to take a lot of time in my open- Again, we get back to the question, Is Princeton—that baby should no longer ing statement about that, but I do this an abortion or is this infanticide? be able to be killed. But for those 3 want to address it briefly. The reason this debate is so crucial is inches, that little baby is allowed to be No. 1, life. There is a clear life-of-the- that it is where worlds intersect. It is executed in the most painful, brutal, mother exception in this bill. If this the line we are going to draw. There insensitive, barbaric fashion of which I procedure needs to be used to protect are a lot of people who are for abortion think any of us have heard. the life of the mother, it can be used. rights who say: Look, the line is, the To add insult to injury—let me put it Having said that, the person who devel- baby is inside the mother; the mother a different way. To add insult to execu- oped this procedure, the person who can abort the baby, period. And they tion, they take the suction catheter, does, from what we know—again, we do say: But yes, obviously, when the baby insert it in the hole made by the scis- not have good information—most of is outside the mother, you cannot kill sors, and they suction out the baby’s these kinds of procedures, a guy named the baby. brains. And a baby’s skull is soft. It has Dr. Haskell from Ohio, has said under This is where the worlds intersect be- those plates that move, grow, allow the oath in a court of law—in a court of cause we have a situation where the baby’s head to expand. The baby’s head law, under oath—that this procedure is baby is almost outside the mother. just collapses as a result of the suction. never used to protect the life of the This baby would be born alive because And then this otherwise beautiful, mother. this procedure occurs after 20 weeks. healthy, normal baby—that would oth- Under oath, in a court of law, what What the abortionist does is deliver the erwise be born alive and, in a vast ma- would seemingly be an admission baby, all but the head. Why? Because jority of the numbers, particularly against his own interest, in one of the head is the largest part of the body after 22 weeks, would not only be born these suits that challenges the con- at that age, so the most difficult to de- alive but would be viable outside the stitutionality of this, he admitted, as, liver. mother—is then extracted completely frankly, has everybody else—except a There is also some question that if from the womb. few folks on the other side of the aisle the baby comes out head first and once If you described what I just described who have it in their mind that some- the head is delivered, will the Constitu- as a procedure done on any human how this is needed to save the life of tion treat it differently, if the head being in some foreign country as a way the mother—it is never used.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12866 CONGRESSIONAL RECORD — SENATE October 20, 1999 Do you know what we say? Fine. It is about shootings at Columbine will look listening were around 30, 40 years ago. never used? We will still put it in the at this and say: Wait a minute. If we’re Could you imagine walking onto the bill. If there is some strange occur- saying this kind of brutality is OK, if Senate floor 40 years ago, turning on rence that no obstetrician I have heard the Senate and the President of the the television and seeing Walter of has come forward with to say needs United States say this kind of bru- Cronkite report on the debate on the to be used to protect the life of the tality of our children is OK, then how Senate floor about whether this should mother, it is covered. in the world can we be aghast when be legal in America? Can you imagine Think about this intuitively. This is other violence is done to our children? 40 years ago that we would even have a why the doctor arrived and why every- If we can stand here, with straight debate in the Senate about whether body who has looked at this issue has faces, and with passion in some cases, this would be allowed in America? arrived at the conclusion that this is and argue that this kind of execution is There isn’t a person in the Senate never used to protect the life of the not only legitimate but preferable, who, 40 years ago, would have said this mother. proper, constitutional, necessary, how is OK. They would have been appalled. If you had a mother who presents can we be even the least surprised that Well, maybe in Nazi Germany or maybe herself in a life-threatening situation, young people, looking at what goes on in the Soviet Union, but in America, would you give her two pills and say in the world around them—obviously, this? No. But how far we have come. come back in 3 days? You do not have they get a lot of bad messages from How much more civilized we have be- to be an obstetrician to figure this one Hollywood and from the media, but come. How culturated we have become out, folks. If someone is in a life- they only need to look to the Senate that now 40 years hence we can have threatening situation, you do not give and to this President to get their cue. these kinds of rational debates and them two pills and say go home and The cue is violence is OK, as long as people can come to the floor of the come back in 3 days, and dilate their there is some purpose to be served. And Senate and say that thrusting a pair of cervix during that 3-day period. the purpose is to make sure we don’t scissors in the base of the skull of a lit- So the argument that this is some- have a chink in the armor of abortion tle baby is OK. How far we have come. how used to protect the life of the rights. That is the purpose. How humanity has grown and devel- mother is as bogus as a number of The question is, Why are they fight- oped. How sophisticated we are that we other lies I will go through here in a ing this so hard? What is really the can find precise legal arguments that minute that have been put forward by problem? Why are they fighting what is will weave us through this web of de- the other side to stop this procedure an abomination? It is uncomfortable to struction and say, but it is OK. Ameri- from being banned. talk about it. I am sure for those lis- cans go to sleep at night knowing that Second, health. Again, same doctor, tening it is very difficult to listen. This thousands of children, almost born, same case. Different question: Is this is not a pleasant subject. Why would inches from reaching toward that con- procedure ever necessary to protect the you want to get up year after year and stitutional protection, can be executed. health of the mother? Again, the abor- fight this issue? What is the great We are all better for it. We are better tionist who helped develop the proce- cause at stake that we have to draw as a society for this. dure, who uses it more than anybody the line in the sand? They will not say that, but under- else, testifying in court, under oath: Is They will argue it is the health of the neath the argument is this: This being this necessary to protect the health of mother. It is not true. That has never legal is better for America. When peo- the mother? Answer: No. No. stopped them from arguing that. But ple come and cast their votes, you will But you will see people come to the when you have the people who perform have to cast the vote saying that al- floor and talk about, oh, how this is ab- the abortions saying under oath that it lowing this to occur in America is bet- solutely necessary, how this is an im- is not true, it is darn hard to come here ter for us. It is preferable in the United portant health issue for women. We and say this is why we want to do it, States of America that this occurs. We have over 400 obstetricians, most of and for those of us who have to listen want this to continue. We believe this them board certified, many of them to it, to say: Is this really what is at is right. We believe this is just. We be- specialists in maternal-fetal medicine, stake? Is this really the issue? Or is lieve this is humane. We believe this is who have written letters, who have there something else going on? Is there in the best spirit of America, liberty, signed documents, including the an agenda? and freedom. AMA—which is not a pro-life organiza- I can tell you what the agenda is on How twisted, how twisted we have be- tion, I might add—who have signed let- our side. The agenda is very simple. At come. How we contort ourselves to find ters saying this is bad medicine; it is a time when we are faced with sense- that path through rights to allow this never necessary to protect the health less, irrational violence, with a culture to be the best that we are in America. of the mother to do this procedure. that is insensitive to life and promotes We are better than that. This country Yet people will come down to this death through our music, through vid- stands for higher ideals and principles floor and say: Well, I can’t be for this eos, just a little beacon of hope, a little than that. A majority of the Senate because I need a health-of-the-mother grain of sand of affirmation that life is, will agree with me. A majority of the exception and put up ‘‘cases’’ where in fact, something to be cherished, not House will agree with me, a majority of this was done and, as a result of this, to be brutalized; that there are lines in Americans. But that is not enough. the mother was able to have more chil- our society that we can’t blur, that we So this contorted construction of dren, was able to do other things; and shouldn’t cross, because when we do freedom will continue to be legal. Can if this procedure were not done, then that, we throw in doubt, for millions of you envision our Founding Fathers they would not have this opportunity. children and adults, the issue of, well, with these charts in front of them say- I would not argue that this procedure maybe this isn’t so wrong. We cloud ing: This is the product of liberty? This could result in a positive outcome for the issue, the issue of life for children is the product of the high ideals that the mother’s health. Certainly it could. that are 3 inches away from constitu- we suffered through in revolutionary, But that is not the question. The ques- tional protection. Don’t you think that civil, and major world wars to pre- tion here is, Is it necessary—the an- is a good place to draw the line? Don’t serve? This is what it has come to? swer is, no—to protect the health of you think that is a reasonable place to This is the personification of liberty in the mother or the life of the mother. say, OK, enough is enough? America today? It is no wonder we are And second, is it the best method? No one is standing here arguing over- concerned when we tuck our children Clearly, given what we know about this turning Roe v. Wade. In fact, I will into bed at night and we see what kind procedure and its profound implica- make the argument, this is legitimate of world is ahead of them. How much tions on who we are as a society, the under Roe v. Wade. There is nothing more will we be able to twist freedom answer has to be emphatically—I hope here that will, even if it goes to the and liberty to destroy their true free- from this body, which is so concerned Court, overturn Roe v. Wade. It is not doms? I tuck five little ones in bed about the consuming problem of vio- our intention with this act. every night. I wonder, I wonder what is lence in our society—I think a group of This act is an attempt, and I would in store for them, if we continue as the people who stand up and complain argue a feeble attempt—many of you Senate, the greatest deliberative body

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12867 in the world, to allow this wanton de- ing moms and dads. So here we are for specific medical complications that can struction of the most vulnerable in our practicing medicine in the Senate and develop during the pregnancy’s course. These society. Where are we headed? not even doing a very good job of it, I conditions pose severe health and life threats Mr. President, I yield the floor. might say, if you listen to the physi- to the women—including infertility and Mrs. BOXER addressed the Chair. death. When maternal complications de- cians who have written to us on this velop, these pregnancies are terminated only The PRESIDING OFFICER. The Sen- matter. after attempts are made to deliver the fetus ator from California is recognized. I am going to place into the RECORD safely while preserving the health and life of Mrs. BOXER. Mr. President, for those several letters from organizations con- the mother. Decisions to terminate preg- who have followed this debate since it sisting of physicians. Here is one from nancy at this stage are not considered by one opened about an hour ago, you have the Society of Physicians for Repro- physician alone. In fact physicians and their heard that those of us who will fight on ductive Choice and Health—the people patients seek second and third medical opin- the floor of the Senate for moms, for ions. my colleague has called ‘‘execu- Some severe complications that can affect our daughters, for their health, for tioners.’’ pregnancy include; The development of can- their lives, are somehow evil and bad Ladies and gentlemen of the Senate cer during pregnancy; severe pre-eclampsia people. You have heard in this debate, and of this country, these are the peo- (toxemia) accompanied by kidney or liver in some of the most inflammatory lan- ple who bring our children into the failure; uncontrollable health failure; long- guage, which I think is, in essence, world. These are the people who save standing insulin dependent diabetes causing very dangerous for this country, that their lives when they are hurt. These declining renal kidney function; Lou those of us who stand up to fight to are the people we run to when they Gehrig’s disease and other conditions caus- make sure that every child is a wanted ing respiratory failure; or, severe hyper- have to go to an emergency room. tension (high blood pressure) diseases caus- child, that every child who comes into This is the statement: ing maternal organ failure and maternal this world is wanted and loved, that In what it claims as a tribute to mothers, death. every woman has a right to be re- the United States Senate today will vote on The severity of these complications may spected—you have heard that somehow a bill criminalizing a procedure . . . make labor or caesarean section fatal. we want to bring violence to children. . . . legislators supporting this ban are not Approximately one percent of all legal celebrating mothers—but, in fact, are dis- You have heard the word ‘‘execu- abortions occur late in the second trimester honoring and condemning motherhood by before fetal viability. Some are performed on tioners’’ relating to doctors who take placing pregnant women at greater risk for women facing medical complications de- an oath ‘‘to do no harm,’’ who save infertility and death. scribed earlier. Other women carry fetuses lives, who bring babies into the world. These are the people to whom we with serious genetic or developmental anom- Executioners. I am stunned by the turn when we are sick, and they are alies, including abnormal fetal kidneys, tenor of the debate. I am troubled by telling us not to pass the SANTORUM heart and brains—complications not usually the tenor of the debate. detected until the second trimester. bill. They bring back the days before Legal late second trimester abortions also The majority leader was sent a letter 1973: by a number of groups asking him to are performed on women who, lacking health Prior to abortion’s legalization in 1973, the insurance and access to healthcare facilities, please not bring this issue up this leading cause of maternal death in this na- are unaware they are pregnant or unable to week, could he wait a week. They tion was illegal abortion. As Congress at- terminate the pregnancy earlier. Some noted that on Saturday, we will have tempts to ban abortion, procedure by proce- women with irregular menstrual cycles may the 1-year anniversary of the assassina- dure, more and more pregnant women will be unaware of their pregnancy. For some of tion of a doctor, Dr. Barnett Slepian, die. As physicians concerned about the these women, dilatation and extraction is who was murdered in his home, health and lives of our women patients, we the safest medical option because the fetal through a window, by a coward who believe this is a shameful celebration of head is disproportionately large and trapped motherhood. took this man from his family. The in the dilated cervix during delivery. I ask unanimous consent that letter Banning dilatation and extraction will majority leader was told there have force competent physicians to choose riskier been five sniper attacks on U.S. and be printed in the RECORD. There being no objection, the letter medical options that increase danger to pa- Canadian physicians who performed tients. For women, these options are lengthy was ordered to be printed in the abortions since 1994. All of those vic- and painful, including the placement of sur- RECORD, as follows: tims were shot in their homes by a hid- gical instruments into the uterus, increasing den sniper who used a long-range rifle. STATEMENT ON SANTORUM BILL (H.R. 1122/S. the risk of uterine perforation and infer- Dr. Slepian was killed, and three other 6) BANNING A PROCEDURE KNOWN MEDICALLY tility. Another option uses medication to in- duce labor, increasing the risk of maternal physicians were seriously wounded in AS DILATATION AND EXTRACTION, MAY 20, 1997 death from blood clotting failure and hemor- these attacks—for making sure that In what it claims is a tribute to mothers, rhage. women had their legal rights protected the United States Senate today will vote on Prior to abortion’s legalization in 1973, the and their health protected. a bill criminalizing a procedure known medi- leading cause of maternal death in this na- I think it is sad that we would have cally as dilatation and extraction. Iron- tion was illegal abortion. As Congress at- this debate, with the most inflam- ically, legislators supporting this ban are tempts to ban abortion, procedure by proce- matory language I have ever heard on not celebrating mothers—but, in fact, are dure, more and more pregnant women will the Senate floor to date. I know the dishonoring and condemning motherhood by die. As physicians concerned about the placing pregnant women at greater risk for health and lives of our women patients, we FBI and the Attorney General are believe this is a shameful celebration of going to be ever more vigilant because infertility and death. Congressional supporters of this ban are motherhood. of this debate. I know that and I am hiding from women and their families the Physicians for Reproductive Choice and glad about that. It is very hard for me true consequences of this bill: it makes un- Health oppose the Santorum Bill (H.R. 1122/ to imagine that we could not have put available to physicians and their women pa- S.6). this off a week. Here we are. And in- tients a safer, less risky medical option dur- Mrs. BOXER. Mr. President, we have stead of having a debate that should be ing health- and life-threatening events that a letter from the executive vice presi- based on the merits of the discussion, can occur during pregnancy. Women, their dent of the American College of Obste- it has been inflamed. families and their physicians must be tricians and Gynecologists. These are Yesterday, I said if 100 doctors alarmed by Congressional plans to deny a the men and women who bring life into medical option that preserves women’s walked into the Senate and sat down in health and lives. the world. These are the men and our chairs to practice being Senators, Contrary to popular belief, it already is il- women who deliver our babies. I find it they would be arrested and dragged out legal to perform a third trimester abortion interesting when the Senator from of here. Yet here we are in the Senate on a healthy mother carrying a healthy Pennsylvania talks about breach —100 of us, and not one of us an obste- fetus. Abortion opponents who present births—I had a breach birth; I don’t trician, not one of us a gynecologist— graphics of darling, full-developed babies think he ever did, and I know what it deciding what procedures should or being aborted are gravely misleading and is. I know what the risks are. I am a should not be used, and under what cir- misinforming the public and policymakers. mother of two beautiful children. I am Opponent admit these graphics are false, but cumstances, in a matter that should be continue to use them anyway. a grandmother of one beautiful grand- left to the medical profession, left to Annually, 300 to 600 third trimester post- son, and I tuck him in and I read him the families of this country, left to lov- viability pregnancies are terminated legally stories and I love him. I want him to

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12868 CONGRESSIONAL RECORD — SENATE October 20, 1999 grow up in a world where families are tion, the Eighth US Circuit Court of Appeals teria outlined above, and AMWA will seek to respected, where physicians are re- ruled that the ‘‘partial birth’’ abortion laws ensure that there is no further erosion of the spected, where no one stands up on the in three states were unconstitutionally constitutionally protected rights guaranteed floor of the Senate and calls a physi- vague. by Roe v. Wade. Says AMWA President Debra Moreover, the ban applies to all stages of R. Judelson, MD, ‘‘AMWA firmly believes cian an executioner. I don’t think that pregnancy. It would have a chilling effect on that physicians, not the President or Con- is a good country. I don’t think that is medical behavior and decision-making, with gress, should determine appropriate medical respect. I don’t think that brings heal- the potential to outlaw techniques that are options. We cannot and will not support any ing to this issue. critical to the lives and health of American measures that seek to undermine the ability The American College of Obstetri- women. Chief Judge Richard Arnold wrote in of physicians to make medical decisions.’’ cians and Gynecologists said: the Eighth Circuit decision that, ‘‘Such a AMWA has long supported a woman’s right [This bill] is vague and broad. . . . It fails prohibition places an undue burden on the to determine whether to continue or termi- to use recognized medical terminology and right of women to choose whether to have an nate her pregnancy without government re- fails to define explicitly the prohibited med- abortion.’’ strictions placed on her physician’s medical ical techniques it criminalizes. Sincerely, judgment and without spousal or parental RALPH W. HALE, MD, interference. That is an important point. Bills just Executive Vice President. Founded in 1915, the American Medical like this one have been ruled unconsti- Mrs. BOXER. Mr. President, there is Women’s Association represents more than tutional 20 times. One of those deci- a letter from the American Medical 10,000 women physicians and medical stu- sions was in the State of Arkansas, and Women’s Association. dents and is dedicated to furthering the pro- I am going to share those decisions fessional and personal development of its Are these executioners, too? They with you because I think it is impor- members and promoting women’s health. work in the medical field. They say tant. So many of us say: local control, they are gravely concerned with gov- Mrs. BOXER. Mr. President, the let the States decide. ernmental attempts to legislate med- American Nurses Association—are they The States have passed these laws, ical decisionmaking through measures executioners or are they loving people and not one of them yet has been prov- that do not protect a woman’s physical who choose this field of work because en constitutional or declared constitu- and mental health, including future they want to make people well because tional. But they have been declared un- fertility, or fail to consider other perti- they have compassion in their hearts— constitutional because of what the doc- nent issues such as fetal abnormality. what do they say about this? tors are saying—the language in this And they strongly oppose govern- They oppose the Santorum bill. They bill is so vague. And the language in all mental efforts to interfere with physi- say it is inappropriate for Congress to those bills is that they would, in fact, cian-patient autonomy. mandate a course of action for a outlaw all abortion at any particular I ask unanimous consent that this woman who is already faced with an in- time during the pregnancy. tensely personal and difficult decision. So when my colleague from Pennsyl- letter printed in the RECORD. There being no objection, the letter They represent 2.2 million registered vania says, well, we don’t want to over- was ordered to be printed in the nurses. They ask us to defeat this. turn Roe v. Wade—and perhaps we will RECORD, as follows: I ask unanimous consent to have this have a chance to vote on that as well— letter printed in the RECORD. but when he says that, that is not what STATEMENT OF THE AMERICAN MEDICAL WOM- There being no objection, the letter the courts are saying. The courts are EN’S ASSOCIATION ON ABORTION LEGISLATION IN THE 105TH CONGRESS was ordered to be printed in the saying his law does, in fact, make all RECORD, as follows: abortions illegal and would criminalize ALEXANDRIA, VA (MAY 20, 1997).—The American Medical Women’s Association, ‘‘is AMERICAN NURSES ASSOCIATION, abortion. Washington, DC, May 20, 1997. I ask unanimous consent that this committed to protecting the reproductive rights of American women and has opposed Hon. BARBARA BOXER, letter be printed in the RECORD. any legislative intervention for medical and United States Senate, There being no objection, the letter or surgical care decisions,’’ says current Washington, DC. was ordered to be printed in the AMWA President Debra R. Judelson, MD. DEAR SENATOR BOXER: I am writing to reit- RECORD, as follows: This week, AMWA reitrated its opposition to erate the opposition of the American Nurses THE AMERICAN COLLEGE OF OBSTE- H.R. 1122 and S. 6, which seek to ban a par- Association to H.R. 1122, the ‘‘Partial-Birth TRICIANS AND GYNECOLOGISTS, ticular medical procedure. Abortion Ban Act of 1997’’, which is being WOMEN’S HEALTH CARE PHYSI- It is the opinion of AMWA’s Executive considered by the Senate this week. This leg- CIANS, Committee that legislative efforts to regu- islation would impose Federal criminal pen- Washington, DC, October 7, 1999. late abortion have been flawed. Concerns in alties and provide for civil actions against Hon. THOMAS DASCHLE, the following areas have prevented AMWA health care providers who perform certain Minority Leader, U.S. Senate, from taking a position on recent legislative late-term abortions. Washington, DC. efforts focusing on abortion in the 105th Con- It is the view of the American Nurses Asso- DEAR SENATOR DASCHLE: The American gress. ciation that this proposal would involve an College of Obstetricians and Gynecologists AMWA is gravely concerned with govern- inappropriate intrusion of the federal gov- (ACOG), an organization representing 40,000 mental attempts to legislate medical deci- ernment into a therapeutic decision that physicians dedicated to improving women’s sionmaking through measures that do not should be left in the hands of a pregnant health, continues to oppose S. 928, the ‘‘Par- protect a woman’s physical and mental woman and her health care provider. ANA tial Birth Abortion Ban Act of 1999.’’ ACOG health, including future fertility, or fail to has long supported freedom of choice and eq- urges the Senate to reject this legislation. consider other pertinent issues, such as fetal uitable access of all women to basic health ACOG believes that S. 928, as amended, abnormalities. Physicians and their patients services, including services related to repro- continues to represent an inappropriate, ill base their decisions on the best available in- ductive health. This legislation would im- advised and dangerous intervention into formation at the time, often in emergency pose a significant barrier to those principles. medical decision-making. The amended bill situations. AMWA strongly opposes govern- It is inappropriate for Congress to mandate a still fails to include an exception for the pro- mental efforts to interfere with physician- course of action for a woman who is already tection for the health of the woman. patient autonomy. faced with an intensely personal and difficult Further, the bill violates a fundamental It is irresponsible to legislate a particular decision. principle at the very heart of the doctor-pa- test of viability without recognition that vi- The American Nurses Association is the tient relationship: that the doctor, in con- ability cannot always be reliably deter- only full-service professional organization sultation with the patient, based on that pa- mined. Length of gestation is not the sole representing the nation’s 2.2 million Reg- tient’s individual circumstances, must measure of viability because fetal dating is istered Nurses through its 53 constituent as- choose the most appropriate method of care an inexact science. sociations. ANA advances the nursing profes- for the patient. This bill removes decision- AMWA resolutely opposes the levying of sion by fostering high standards of nursing making about medical appropriateness from civil and criminal penalties for care provided practice, promoting the economic and gen- the physician and the patient. in the best interest of the patient. AMWA eral welfare of nurses in the workplace, pro- S. 928 is vague and broad, with the poten- strongly supports the principle that medical jecting a positive and realistic view of nurs- tial to restrict other techniques in obstetrics care decisions be left to the judgment of a ing, and by lobbying the Congress and regu- and gynecology. It fails to use recognized woman and her physician without fear of latory agencies on health care issues affect- medical terminology and fails to define ex- civil action or criminal prosecution. ing nurses and the public. plicitly the prohibited medical techniques it Any forthcoming legislation will be care- The American Nurses Association appre- criminalizes. In the most recent court ac- fully reviewed by AMWA based on the cri- ciates your work in safeguarding women’s

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12869 access to reproductive health care and re- results indicated her body still con- the Senate. Again, it is playing doctor spectfully urges members of the Senate to tained the deadly disease. After return- without one obstetrician or one gyne- vote against H.R. 1122. ing to the hospital for another treat- cologist among us. The obstetricians Sincerely, ment, her blood was drawn for a preg- and the gynecologists say we shouldn’t GERI MARULLO, RN, Executive Director. nancy test, but the staff did not wait do this. The women who have had this for the results; they gave her another procedure say we shouldn’t do it. Mrs. BOXER. Mr. President, if some- iodine radiation pill. We are going to have a lot more de- one wants to stand up here on the Sen- Due to the radioactive iodine in her bate. I know my colleague from Illinois ate floor and attack a whole part of our body, she was placed in an isolation is here, and he has a very important America, and if they want to use car- room. No one could enter—not her hus- piece of legislation to offer. But before toons on the floor of the Senate to de- band, or her nurses, or her physician. I give up the floor this time, I want to pict a woman’s body, that is up to Two hours later, she received a phone talk about what has happened in the them. But I ask the American people to call from her physician telling her they courts because my colleague from be the judge both of the substance of had made a terrible mistake. Her preg- Pennsylvania has made a statement I what is happening here, the techniques nancy test came back positive. She im- think that is fairly dismissive of what that have been used, and the inflam- mediately started drinking water be- has actually happened. He says some of matory level of the debate. cause the doctors told her all she could the courts have upheld this procedure I want you to meet a real person. I do in an attempt to shield her baby and some have not. want to picture a real face—not a car- from the radiation was to drink a lot of I will discuss what the courts have toon, but a real face—on the floor of water. done not because I am telling my col- this Senate. I want to tell a little bit The next day, a second pregnancy leagues to vote against their con- about her story. test confirmed the first and a science; if they want to vote for some- This is Tiffany Benjamin: sonogram was ordered. That is when thing unconstitutional, that is their My husband and I waited until we estab- Cindy and her husband learned that not right. They ought to hear the argu- lished in our careers and could provide the only was she 13 weeks pregnant but she ments made in the 20 States in which best possible environment for a child. In 1994, we were thrilled with the news that we were was expecting twins, the twins they this particular procedure has been expecting a baby. My first five months were had always hoped for. called unconstitutional. joyous months of pregnancy. During a rou- Imagine the feeling of that family. This chart shows which States have tine checkup my physician performed a Within hours, the family learned that enjoined these bans. I put ‘‘partial- standard AFT test. The results were abnor- their babies would not survive, not birth abortion bans’’ in quotes because mal. So my doctor ordered another test. Un- grow, not develop. The radiation her there is no such thing. This is the po- fortunately, this test was also irregular. In babies received was equivalent to the litical terminology. Nearly every court my 20th week of pregnancy we discovered bomb dropped on Hiroshima. to rule on the merits of an abortion that our child had trisomy 13. Cindy says: ban since the Senate last voted on the In plain English, each cell of her We decided that termination would be best issue has ruled this abortion ban is un- body carried an additional 13th chro- for our family and our babies. Through our constitutional. These are the States mosome. Doctors advised that her con- research, our insurance company told us, that have so far enjoined this dition was lethal. however, that we were on our own. Santorum-like legislation from going No one could offer us hope. Sadly we deter- And she adds: into effect: Alaska, Arizona, Arkansas, mined that the most merciful decision for You see, as a Federal employee my insur- Florida, Idaho, Illinois, Iowa, Ken- our child— ance will not pay for elective abortions. tucky, Louisiana, Michigan, Missouri, Our child in our family— She says because this abortion was Montana, Nebraska, New Jersey, Ohio, would be to terminate my pregnancy. Al- meant to preserve her health, because Rhode Island, West Virginia, Wis- though the years have passed, for us the of the votes in this Congress, she could consin, and in Georgia and Alabama depth of our loss is vivid in our mind. We are not get help. She says: there has been limited enforcement. astounded that anyone could believe that We have a string of decisions. I will this type of decision is made irresponsibly I have five little ones at home who depend and without a great deal of soul searching on their mommy ever day. I didn’t want to read quotes of judges from these and anxiousness. These choices were un- have an abortion but I needed one. And the States—and as so many of my col- doubtedly the most painful decisions of our abortion that I had would have clearly been leagues have said, as our President has lives. Please don’t compound the pain of banned by this bill, and I thank God that said, we ought to listen to the States. other families like ours by taking away our this bill didn’t tie my doctor’s hands. Let’s hear what the State judges are ability to make the difficult choices that Let me just say that again. This is a saying when they have overturned only we can make in consultation with our woman who is religious. This is a these types of bans. physician. Please reject S. 1692 and protect woman who says to us thank God that First, from a Federal judge in Ari- our families from this dangerous legislation. bill wasn’t law, the bill that the Sen- zona: I ask you to look at Tiffany with her ator from Pennsylvania is fighting so The term ‘‘partial-birth abortion’’ is not a child. Does she look like an execu- hard to become law. She says thank term found in the medical literature. tioner to you? Does she look like some- God it wasn’t the law. She says this is Let me repeat that. The judge writes: one who didn’t want to have this child clearly an intensely private, torturous and suddenly woke up and said: I have decision. The term ‘‘partial-birth abortion’’ is not a term found in the medical literature. The changed my mind? No. This is a loving Are proponents willing to tie the testimony of witnesses at trial indicates woman, a loving family member. She hands of both parents and physicians that this term is ambiguous and susceptible had to have this procedure, and this and say to a woman: You must carry to different interpretations. legislation would stop her from having your child to term despite the fact that The important point is, when my col- it. it has been determined the child won’t league from Pennsylvania says he only I want to tell you about another live and your health will be affected? means it to be a handful of procedures, woman, Cindy, a 30-year-old mother of I have to say that these women who this particular judge, Judge Bilby in five living in Kansas City who said are proud to come forward to help us in Arizona says no, the term is so vaguely very proudly that she is a Catholic. a very difficult issue deserve our worded it could apply to many other In June of 1998, Cindy noticed a lump thanks because here they are being abortions, and that essentially would on her neck and called her doctor. called the worst names in the book, overturn a woman’s right to choose. Within weeks, she found that she had being essentially told that they don’t In Arkansas, Judge Richard Arnold thyroid cancer and, after surgery, love children, that they don’t care says: began iodine radiation treatment. Con- about children, when in fact these are As we shall explain, ‘‘partial’’ delivery oc- trary to medical protocol, she was not loving moms and, in many cases, quite curs as part of other recognized abortion pro- given a pregnancy test prior to the ra- religious. cedures, methods that are concededly con- diation treatment. Cindy’s body did This is the third time the Republican stitutionally protected. Under precedents not respond to the radiation, and blood leadership has brought this bill before laid out by the Supreme Court, which is our

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12870 CONGRESSIONAL RECORD — SENATE October 20, 1999 duty to follow, such a prohibition is of the law, Roe v. Wade, which was de- not go far enough with respect to a overbroad and places an undue burden on the cided in 1973, let Members make the de- woman’s right to choose and her pri- right of women to decide whether to have an cision as to what is best for our vacy. I think you will find the majority abortion. women, our families, and our children. of Americans in between those two This is a judge in Arkansas saying I yield the floor. groups; struggling, on one hand, I the Santorum-type language is so The PRESIDING OFFICER. The Sen- think, to keep abortion safe and legal broad and the procedure is so broadly ator from Illinois. but, on the other hand, to put restric- explained it could, in fact, apply to any Mr. DURBIN. Mr. President, I con- tions on it which are common sense. type of abortion. He ruled it unconsti- sider my service in the Senate rep- The Senator from Pennsylvania tutional. resenting the people of Illinois to be comes before us today with a bill which In Illinois, U.S. District Court Judge the highest honor I have ever been seeks to address one aspect. He has fo- Charles Kocoras, said: given. I continue to believe it is the cused on one particular abortion proce- First, the statute, as written, has the po- very best job in American politics. As I dure. It goes by a lot of different tential effect of banning the most common go back to my home State and meet names. The common parlance is par- and safest abortion procedures. with people who have entrusted me tial-birth abortion. There are some He looked at the Santorum-like bill with this responsibility, I literally who say that is just a made-up name and said it also was unconstitutional. thank them for giving me this oppor- for politics; it has nothing to do with U.S. District Court Judge Heyburn in tunity. medical terminology. But for better or Kentucky says: However, this debate may be one of for worse, that is how this debate is By choosing words having a broader scope, the most painful aspects of serving in characterized, the partial-birth abor- the legislature moved from arguably firm the Congress, and specifically in the tion debate, which has been around so constitutional ground—banning a very lim- Senate, because it raises before the many times on this floor and in Con- ited procedure use for late-term abortions— Senate an issue which most Senators gress. to a quagmire of constitutional infirmity. It now has a further shorthand, PBA. would rather not look at again. In the I do not think that is fair to the Sen- There is a common thread among the course of 17 years, I have voted on this ator offering the amendment, the Sen- judges—by the way, from very conserv- abortion issue countless times. Each ator from Pennsylvania, nor to the ative areas of our country—who are time has been a struggle. gravity of the issue. This is a serious saying the Santorum-type of ban is so I am sure those who are listening to issue. The Senator from Pennsylvania broadly worded it would take away a this debate might question what I just focuses on this procedure which I will woman’s right to choose even at the said. Don’t you get used to it? Isn’t it early stages of pregnancy. tell you, as I view it, is a gruesome pro- automatic? Don’t you just vote the cedure. It is gruesome. I don’t know if In Nebraska, Judge Richard Arnold same way you did last time? says: his description of it is accurate, but if That has never been the case for me. it is close to accurate it is gruesome. The law refers to ‘‘partial-birth abortion’’ I have tried in every instance to be He believes this procedure should be but this term, though widely used by law- honest about the specific debate that banned at every stage of pregnancy. makers and in the popular press, has no fixed was involved. My views on this issue medical or legal content. Let me address that from two perspec- It would also prohibit in many cir- have changed over the years as I have tives. First, there has been a lot said cumstances the most common method of sec- listened to the debate of those with on the floor already this morning as to ond trimester abortions . . . under the con- various positions. whether or not this kind of procedure trolling precedents laid down by court, such I have come to a position now that I is ever medically necessary. I am not a a prohibition places an undue burden on the am at peace with personally. Though I doctor. I cannot reach that conclusion right of women to choose whether to have an know that I am at peace, the people I on my own. I have to turn to others for abortion. represent may see differently. advice. For colleagues who say vote for The best I can say in the course of Let me tell you what I did last year, Santorum; it doesn’t take away a wom- this debate is what I am about to say in July. I had just read an article pub- an’s right to choose, we have 20 court and what I am about to offer in terms lished in the Chicago Tribune in my decisions that say it does. In certain of an amendment which represents my home State that quoted former Sur- States, they have stopped performing best good-faith effort to deal with a geon General Everett Koop. Because of abortions because the doctor was afraid painful issue. This is not like most that article and what I read and my re- he would be arrested for performing an issues we face in the Senate. I can go spect for him, I sent a letter. My letter early-stage abortion. home after a week of working most was addressed to Dr. Ralph Hale, the In summing up, we were elected to be times and people do not have a clue as executive director of the American Col- Senators. We have a lot of work to do. to what we have even talked about or lege of Obstetricians and Gynecologists We weren’t elected to be the American debated. I can go to family reunions here in Washington. College of Obstetricians and Gyne- and get-togethers and people do not I am going to read the letter because cologists. They have their own organi- ask me how did you vote on a certain I want you to understand I tried my zation. We should vote down this un- bill involving grazing rights in the very best to give an open-ended oppor- constitutional bill. If we do not—be- West. It never comes up. tunity for this medical doctor in the cause I know this is political—why else But this issue, the issue of abortion, specialty of obstetrics and gynecology would it be before the Senate? This is is one that most Americans have an to tell me his professional opinion. Let politics at its worst. This is the third opinion on because we have been con- me read the letter: time the President will veto this bill. fronted, since the Roe v. Wade decision, DEAR DR. HALE, enclosed is a commentary We all know we will have the votes to with a huge national debate, a very di- that appeared in yesterday’s Chicago Trib- sustain that veto. Why go through this visive debate as to whether the Su- une. It quotes former Surgeon General C. if not for politics? preme Court was correct or incorrect Everett Koop as saying that ‘‘Partial-birth abortion is never medically necessary to pro- This is a debate we should not be in giving a woman in the United States tect a mother’s health or future fertility.’’ having right now. It has been, unfortu- the right to choose whether to have an I am writing to request your College’s re- nately, in my view, very divisive so far. abortion procedure. sponse to this statement. In the medical I hope we can get back on solid ground. There are people dug in on both sides judgment of the experts among your mem- Let Members not call people execu- of this debate. What I am saying, I am bers, is it true that partial-birth abortion is tioners; let Members not call families sure, is no surprise to anyone who ob- never medically necessary to protect a mother’s health or future fertility? unimportant; let Members not demean serves it. There are some who believe As I am sure you know, this is a matter of women, and say the other side says the that Roe v. Wade was just plain wrong; great concern to many members of Congress health of the woman is important. Yes, that the Supreme Court never should including myself, and I would appreciate the health of women, the health of have legalized abortion procedures your timely response to this important ques- men, the health of families, that under any circumstances. There are tion. should be our paramount concern. We those on the opposite side of the spec- I sent that letter on July 28, 1998. I are not physicians. Within the context trum who believe that Roe v. Wade did received a reply on August 13, 1998,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12871 from Dr. Ralph Hale, executive vice Mr. DURBIN. I thank the Senator President Bush, some very conserv- president of the American College of from Pennsylvania. That is a reason- ative jurists who say on its face this is Obstetricians and Gynecologists. When able question. not constitutional. I finish reading it, I will ask it be I would say to him, though, there is We took an oath as Members of the printed in the RECORD. But I would like clearly, at least, a difference of opinion Senate to uphold that Constitution. to read it in its entirety so there is no within the medical community as to There are times when interpretations doubt I asked an open-ended question medical necessity. can differ as to what that oath means. of experts in the field, and this is Dr. Dr. Koop, whom I respect very much But in this case, the Santorum legisla- Hale’s reply: and have worked with on a lot of tion before us has consistently been DEAR SENATOR DURBIN: I am writing in re- issues, says: Never. The American Col- stricken by the courts, I believe, with sponse to your July 28th letter in which you lege of Obstetricians and Gynecologists only one exception, in the United asked for the College’s response to Dr. says it is never the only thing you can States. Because of that, I have to ask Koop’s statement that ‘‘Partial-birth abor- do, but it may be the most appropriate this question, not questioning the Sen- tion is never medically necessary to protect thing to do for the health of the moth- ator’s sincerity, but why are we doing a mother’s health or future fertility.’’ er. And then, of course, you go on to this? Why are we engaged in this de- The letter went on to say: say give us some examples. I think bate over language which time and The College’s position on this is contained that is reasonable. time again has been found unconstitu- in the statement of policy entitled State- I ask we continue the debate at least tional and enjoined in my home State ment on Intact Dilation and Extraction. In to find out what those examples might of Illinois and across the Nation? that statement we say, ‘‘Terminating a preg- be. That is reasonable. nancy is performed in some circumstances to This is a political exercise. It is not But you have to say at this moment an attempt to pass a bill which will be- save the life or preserve the health of the in time there at least is a difference of mother.’’ It continues, ‘‘A select panel con- come a law. Forget for a moment the vened by ACOG could identify no cir- opinion, based on the letters intro- President’s veto, if you will, and take a cumstances under which this procedure, as duced by the Senator from California, look at the merits of the legislation defined above, would be the only option to among medical professionals as to which time and time again has been save the life or preserve the health of the whether this is ever medically nec- found by the courts to violate the Con- woman.’’ Our statement goes on to say, ‘‘An essary or the most appropriate thing. stitution. intact D & X however, may be the best or This raises a policy question. When I would think that at this point in most appropriate procedure in a particular we get to the point where doctors differ time, the author, whose feelings on circumstance to save the life or preserve the about the use of a procedure, is it ap- health of a woman, and only the doctor, in this are heartfelt, would have changed propriate, then, for the Senate to de- consultation with the patient based upon the his approach, changed his language, cide that we will ban a procedure, a woman’s particular circumstances can make tried to address some of the constitu- medical procedure? That is what the this decision.’’ For this reason, we have con- tional questions, but it has not hap- sistently opposed ‘‘partial-birth abortion’’ Santorum amendment does. I think the pened. We get a rerun every year. This legislation. Senator from Pennsylvania would con- is all about a record vote. This is all cede it. It goes to say: about raising this issue for public con- Please find enclosed ACOG’s statement on He attempts to ban the use of this procedure. Based on this letter I re- sciousness and a record vote of the intact D & X. Thank you for seeking the Members of the Senate. views of the College. As always, we are ceived from the American College of pleased to work with you. Obstetricians and Gynecologists, to do Some people want a scorecard. Some Sincerely, so would say to doctors in some cir- people want to use it politically. So be RALPH W. HALE, MD, cumstances: You may not use the it. That happens around here. It is a Executive Vice President. safest procedure for my wife, my shame that it happens on an issue of Mr. SANTORUM. Will the Senator daughter, my sister; Congress has this gravity and importance because, yield for a question? banned that procedure. That is where I honestly, I do believe there are things Mr. DURBIN. I yield for the question. struggle with what the Senator from we can and should do which will ad- Mr. SANTORUM. I thank the Senator Pennsylvania is attempting to do. dress what I raised earlier. The feeling very much for yielding. The reason I I am not the doctor. I will not play of the vast majority of Americans is am going to ask the question is an arti- one in the Senate. When I rely on doc- that abortions should remain safe and cle written by two Northwestern tors’ opinions, they are at best divided legal and that restrictions on abortion health care physicians from North- on the question. should be in place only when necessary. western University in Evanston, IL, Let me address the second issue in I am going to offer an amendment who cited the same statement out of relation to the Santorum legislation, shortly which addresses my approach the select panel. They went on to say, and that is why we are doing this again to this. As I said earlier, although I am after they quoted what you quoted in and again. I do not question the sin- honored to have nine cosponsors, nine your letter: cerity of the Senator from Pennsyl- other Senators who join me in this However, no specific examples of cir- vania. I know his feelings on this sub- amendment—it is a bipartisan amend- cumstances under which intact D&X will be ject are heartfelt, but I do question ment—including the two Senators from the appropriate. why we continue to bring this same the State of Maine, both Republican, I In fact, in subsequent communica- legislation time and time again before do not suggest it is the point of view of tions with ACOG and others, we have the Senate, not because it is not impor- anyone other than ourselves. A vote asked, give us one set of medical—any tant to the Senator from Pennsylvania will demonstrate whether I am right or set of medical circumstances where and others, but, frankly, we have been wrong. I hope a majority sees this as a you believe that this ‘‘may be—what- getting readings from courts across reasonable way to bring this conten- ever.’’ America that this language he is pro- tious debate to a constitutional and Never have we gotten any cir- posing today is, on its face, unconstitu- fairminded conclusion. cumstance where that was the case. So tional. If we do not, I predict we will have they say it may be, but no one to date We are spending our time in a debate another vote next year on the uncon- has provided any circumstance, as hy- over a bill which 19 States have strick- stitutional Santorum legislation and pothetical as you want, where, in fact, en. These States have all tried to perhaps in years in the future. But it would be. model some type of legislation based what will we have achieved? Conten- Just to say it may be without giving on his banning this procedure, and tious, painful debate with no resolution evidence of what it was, I think my time after time, Federal courts have other than a political scorecard, and question is—I think the next question come forward and said, no, this is un- that for me is a troubling outcome. to which you hopefully can get an an- constitutional. The judges making the I hope we can find a better way to do swer, I can’t—you say it may be. Give decisions are not so-called liberal ju- it because I believe there is a more sen- me a for instance. So far, we have not rists. You will find within their ranks sible way. Let me tell you why I think been able to get any for instance. appointees of President Reagan and there is.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12872 CONGRESSIONAL RECORD — SENATE October 20, 1999 I am going to offer an amendment kill the mother or continuing it could As I said, I respect their position, but which addresses not an abortion proce- subject her to the possibility of griev- as long as they fly in the face of this dure but addresses a stage in preg- ous physical injury, which is defined in basic principle, as long as they defy nancy. It is a stage which is known as the amendment. Roe v. Wade, with the language in the postviability, that moment in time I go on. One of the objections cus- Santorum bill or the language in the where the decision is reached that the tomarily made is that if you allow a State legislation, it will continue to fetus can sustain survival outside the doctor to certify that a mother’s life is fall time after time after time; we will womb with or without artificial sup- at stake or she runs the risk of griev- continue to go through these political port. That is a moving target. Viability ous physical injury if the pregnancy exercises; we will debate until our has changed because medicine has continues, you are playing right into voices are gone. Then we will have a changed. Go into any neonatal inten- the hands of the people who perform vote, and then we will go on to the next sive care unit in America and look at the abortions. item of business. And, unfortunately, the size of the babies who are sur- I have heard this argument so many we will have missed an opportunity to viving. They are smaller than your times on the other side of the aisle. do something that is meaningful. That hand, tiny little babies who are sur- They argue doctors will say anything, is why I offer this amendment. viving. the ones who perform these procedures, My amendment—I will go to the sec- Viability is a moving target, and it because they just want to make the ond chart—in comparison to the was a standard that was used in the money; they don’t care. Santorum approach, can be spelled out Roe v. Wade decision. They said until I take an additional step. I require a with three specifics. that moment in time when that fetus second doctor to certify. You will have The Santorum approach bans only is viable, could survive outside the two doctors in those decisions, two one procedure and allows others in its place. Make no mistake, if the Senator womb, then there are certain legal doctors who come forward and say: If from Pennsylvania is successful some- rights in this country. But once viabil- this pregnancy continues, this mother day in somehow enacting this legisla- ity is reached, those rights change, and could die, or, if this pregnancy con- tion, he will not even tell you that is we start acknowledging the fact that tinues, this mother could risk grievous going to stop abortion from occurring. this fetus has now become a potential physical injury. He deals with one procedure. My human being at birth. Roe v. Wade said What risks do these doctors take if amendment bans all postviability abor- we will define the laws of America they are falsifying this information? tions regardless of procedure. based on viability. Substantial fines and the suspension of The Santorum bill violates a wom- The problem with the Santorum leg- their licenses to practice medicine are an’s constitutional right to have her islation, the reason why this bill and included in this amendment. It is very health protected. We preserve excep- versions similar to it have been found serious. tions for life and health of the moth- unconstitutional time and again, is When we get to this stage in the er—narrowly defined. they refuse to accept this basic pregnancy, I do believe the rules should The Santorum approach violates a premise, the premise of Roe v. Wade, be a lot stricter. That is why I am of- woman’s constitutional right to choose the premise of existing law in this fering this as an alternative, one which under Roe v. Wade before viability. My country. They will not acknowledge I believe deals with some very funda- amendment specifically protects a that you should have a law banning a mental questions. woman’s constitutional right to choose certain procedure only after viability. S. 1692 is the bill offered by Senator before viability. Each time it is stricken because it SANTORUM. We have to ask ourselves Let me tell you what I am talking would, in fact, restrict the right to several questions: about when I talk about grievous in- abortion before viability, before the Should just one or all postviability jury. Grievous injury in this amend- fetus can survive. Court after court abortion procedures be banned? Sen- ment is narrowly defined. And I quote: after court has stricken down State ator SANTORUM addresses one. The a severely debilitating disease or impair- laws that have followed this Santorum amendment I offer addresses all ment specifically caused or exacerbated by model. Yet here we are again. postviability abortion procedures. the pregnancy; or My amendment, the one which I will No. 2: Should a mother’s health be an inability to provide necessary treat- offer to the Santorum bill, accepts the protected throughout pregnancy? ment for a life-threatening condition. Roe v. Wade premise that any changes Under the Santorum legislation that is What could that be? You can all un- which we are going to make have to be before us, the mother’s health is not an derstand the first part: If continuing consistent with Roe v. Wade, and this issue; only if her life is at stake could the pregnancy could kill the mother is is what it says: Any late-term abor- you engage in certain procedures. In clear. But what would the second one tion—that is, an abortion after viabil- the amendment I offer, it will protect a be? What if you diagnosed a mother, during the course of her pregnancy, ity—is disallowed or prohibited under mother’s life and a mother’s health, with serious cancer? And what if you law. We are talking usually 7th, 8th, the health in terms of the risk of griev- found continuing the pregnancy some- 9th month of gestation. Those abor- ous physical injury. how compromised your ability to treat tions are prohibited under law except No. 3: Should a woman’s constitu- her for that cancer? That is what I am tional right to choose before viability in two specific cases: where continuing driving at here, to make sure it is seri- be preserved? There are differences of the pregnancy threatens the life of the ous and grievous, because we are lit- mother or in those cases where con- opinion on this. Perhaps the Senator erally talking about late-term, where I tinuing the pregnancy poses a risk of from Pennsylvania has a difference of think the rules should be much strict- grievous physical injury to the mother. opinion. But Roe v. Wade said—and I er, as does the Court in Roe v. Wade. That is it. Grievous physical injury. agree—that previability, a woman, in My amendment also requires the at- There are those who disagree with me consultation with her doctor, her hus- tending physician who makes the call and say it should include emotional in- band, her family, and her conscience, on these decisions to have the benefit jury as well. I have drawn this line at has the right to make this decision. as well—and it requires it—of an inde- physical injury. They protect that right in Roe v. Wade. pendent physician to certify, in writ- Here is why I believe this is a reason- Oh, I know there are those who dis- ing, that in their medical judgment the able standard: At this late stage in the agree. I respect that. I have been in continuation of the pregnancy would pregnancy, the 7th, 8th, or 9th month, lots of debates with them. That is threaten the mother’s life or risk I believe Roe v. Wade tells us we have where I come down. The reason the grievous injury to her physical health. to look at the pregnancy in different Santorum language has been rejected I make an exception. I want to make terms. We are now postviability. We in court after court after court as un- it clear for the record. The certifi- are now in a position where the fetus constitutional is that, I believe, those cation requirement by the doctors can can survive. In those circumstances, on his side just do not accept the basic be waived in a medical emergency. But what I have said is, the only reason le- premise that, previability, this is a de- the physician would have to subse- gally you could terminate the preg- cision, a choice, to be made by a moth- quently certify, in writing, what spe- nancy is if continuing it could literally er and her doctor. cific medical condition formed the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12873 basis for determining that a medical fornia, in noting a few mothers who rally, which wouldn’t be long. Due to emergency existed. have been through experiences which the excess amniotic fluid, a condition This legislation will reduce the num- they have shared publicly, we have called polyhdramnios, premature labor, ber of late-term abortions. In contrast, talked in generalities. was imminent. Despite the difficulty of the so-called partial-birth abortion ban The Senator from Pennsylvania has knowing her baby was going to die, will not stop a single abortion at any brought up a chart that is not a human Coreen continued with the pregnancy. stage of gestation. The partial-birth depiction; it is an effort to put forth Over the course of the next few weeks, abortion ban, by prohibiting only one some drawing that depicts this proce- she saw many experts. If possible, the particular procedure, will merely in- dure. results were even grimmer than those duce physicians to switch to a different We have talked about the Constitu- she had earlier. procedure that is not banned by Sen- tion. But I will tell you this. My am- Her baby’s body was rigid and wedged ator SANTORUM. bivalence over this issue—I was ambiv- in a transverse position in her womb. Other procedures, such as induction, alent when I first heard of this proce- Most babies are in a fetal position. hysterotomy, or dilation and evacu- dure—was put to rest because I sat Katherine Grace’s position was exactly ation, can all pose a greater risk to the down with real people, with mothers the opposite. It was as if she were mother’s health in certain cases. My and fathers, husbands and wives, who doing a swan dive. The soles of her feet alternative amendment will stop abor- faced medical emergencies. And when were touching the back of her head. tions by any method after a fetus is each of them told me their stories, I Her body was in a U-shape. Due to viable, except when medical necessity thought to myself: How can I possibly swelling, her head was already larger indicates otherwise. vote for the Santorum bill which would than that of a full-term baby. Coreen, Can we or should we try to define have endangered the life of the woman her mother, did daily exercises trying ‘‘viability’’ in this? I did not. And the I am talking to? That is why I opposed to change Katherine Grace’s position courts have warned us: Don’t even try. his legislation in the past and will con- so she could be delivered naturally. That is a medical judgment and, as I tinue to do so. For the record, I will at Meanwhile, the amniotic fluid con- mentioned earlier, is a moving target. this point tell two or three stories that tinued to puddle in Coreen’s uterus. In Viability today, in other words, fetal have been a matter of public record and the ensuing weeks, the condition had survivability today, is different from testimony before Congress and that I grown worse. Everyone started to fear what it will be tomorrow or next think demonstrate when you get be- for the mother’s health. The mother month because these procedures are yond the theory of this debate and to could no longer sit or lie down for more changing so dramatically in terms of the reality of it, life gets complicated, than 10 minutes because the pressure saving the fetus and giving it an oppor- very complicated. It is easy to step on her lungs was so great. During one tunity for life. back and make a moral decision in- of her last ultrasounds, Coreen’s doctor My alternative fits clearly within the volving other people, if you are not in told her she could not deliver the baby constitutional parameters set forth by their shoes. Listen to some of these via caesarean under the circumstances the Supreme Court for government re- and you will see what I mean. because the risk was too great. The striction of abortion. In Planned Par- This is the story of Coreen Costello doctor told Coreen there was a safer enthood v. Casey, the Supreme Court from Agoura, CA. Coreen, her husband way for her to deliver. It was at this reiterated Roe’s determination that, Jim and their son Chad and daughter point Coreen realized this was not a after viability, the State may limit or Carlyn live in Agoura, CA. Coreen is a choice anymore, that it was not up to ban abortion. full-time stay-at-home wife and mom. her or her husband. There was no rea- In contrast, the partial birth abor- She describes herself as a registered son to risk leaving her children, Chad tion ban, by prohibiting certain types Republican and very conservative. She and Carlyn, motherless, if there was no of abortions before viability, breaches does not believe in abortion. In fact, hope of saving their new baby. the Court’s standard that the Govern- she never thought she would be testi- The Costellos drove to Los Angeles ment does not have a compelling inter- fying before Congress supporting an for a D&E. They expected a cold gray est in restricting abortions prior to vi- abortion procedure, which is exactly building. They found a doctor and a ability. what she did, on March 21, 1996, before staff willing to help them. It was at Nineteen Federal courts in 19 States the House Judiciary Subcommittee on this point Coreen realized she had done have enjoined, have stopped, the en- the Constitution. the right thing. This was the safest forcement of the so-called partial-birth In March 1995, the Costellos were joy- thing for her. The fact this option was abortion bans Senator SANTORUM fully expecting their third child. How- open to Coreen is important in this brings to the floor. The States include: ever, when she was 7 months pregnant, story. This option would be closed to Alaska, Arkansas, Arizona, Florida, Coreen began having premature con- her by the Santorum bill. Georgia, Idaho, Illinois, Iowa, Ken- tractions and had to be rushed to the After the procedure, she went on to tucky, Louisiana, Michigan, Missouri, hospital. After reviewing the results of say Katherine Grace was beautiful. She Montana, Nebraska, New Jersey, Ohio, the ultrasound, Coreen’s doctor in- was not missing part of her brain. She Rhode Island, Wisconsin, and West Vir- formed her he did not expect the baby had not been stabbed in the head with ginia. to live. Coreen’s child, a girl she had scissors. She looked peaceful and she The Santorum bill is clearly uncon- named ‘‘Katherine Grace,’’ was unable did not suffer. Because of the safety of stitutional. It will be struck down by to absorb the amniotic fluid. As a re- this procedure, Coreen became preg- the courts and have no lasting impact. sult, the fluid was puddling into nant again with another baby, after My alternative retains the abortion Coreen’s uterus. Katherine Grace had a losing Katherine Grace. Thanks to the option for mothers facing extraor- lethal neurological disorder and had skill and compassion of the doctors and dinary medical conditions, such as been unable to move for almost 2 the procedure she was forced to use breast cancer discovered during the months. Her chest cavity was unable to under these extraordinary cir- course of pregnancy, uterine rupture, rise and fall to stretch her lungs and cumstances, Coreen was able to have a or non-Hodgkins lymphoma, for which prepare them for air. It was as if she healthy baby. termination of the pregnancy may be had no lungs at all. Her vital organs If you outlaw the surgical procedure, recommended by the woman’s physi- were atrophying. Katherine Grace was which the Santorum bill seeks to do, cian due to the risk of grievous injury going to die. women such as Coreen will be denied to the woman’s physical health or life. A perinatologist recommended termi- the safest and best medical procedure In contrast, the partial-birth abor- nating the pregnancy. All the doctors they need under these emergency cir- tion ban provides no such exception to agreed. The Costellos’ safest option cumstances and their ability to have protect the mother from grievous in- was an intact D&E, the very procedure more children and the happiness in life jury to her physical health. banned by this bill by the Senator from which children bring us will be com- To this point, this debate has been Pennsylvania. For Coreen and her hus- promised severely. fairly general. To this point, with the band, this was not an option. They The next story is about a lady who I exception of the Senator from Cali- chose to wait to go into labor natu- met several times. I like her a lot. Her

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12874 CONGRESSIONAL RECORD — SENATE October 20, 1999 name is Vikki Stella. She is from my have another baby, the Santorum law Mr. President, I give these three ex- home State of Illinois, and she came to will say, no, the Government will make amples because I think it is important Washington, DC, to tell her story. the decision—not a decision by a moth- for all of us, despite our values and Vikki, her husband Archer and their er and father and a physician, a deci- principles and the things we hold dear, two daughters, Lindsay, age 11, and sion which has to be so painful and to listen to people who struggle with Natalie, age 7, live in Naperville, the emotional. these tragedies. I didn’t think in any of western suburbs of Illinois right out- The last story is about a lady who those cases, the 5 or 6 women I have side Chicago. testified before the Senate Judiciary met who ever used this procedure to In 1993, Vikki discovered she was Committee in 1995 named Viki Wilson. save their lives or protect their health, pregnant with a much-wanted son. Be- She is a registered nurse, 18 years of that I ever detected selfishness or cause she is diabetic, she had more pre- experience, 10 in pediatrics. Her hus- greed. In every single case, these were natal tests than most pregnant band Bill is an emergency room physi- mothers and fathers who wanted their women—amnios, ultrasounds, the cian—a nurse and a doctor. babies. They had painted nurseries, and works. We have three beautiful children: Jon is 10, they had given them names. They were After the first round of tests, her Katie is 8, and Abigail is in heaven with God. prepared for this joyful home coming doctor brought her in and said: Your In the spring of 1994, I was pregnant and that never happened. pregnancy is disgustingly normal. expecting my third child on Mother’s Day. This was not some casual decision. Then at 32 weeks, she went in for an- The nursery was ready and we were very ex- This was a decision that would haunt other ultrasound, and everything fell cited anticipating the arrival of our baby. them for a lifetime. Why had they been apart—32 weeks into the pregnancy. Bill had delivered our other two children, singled out to lose that baby? Why did and he was going to deliver Abigail. Jon was they have to go through the emotion Vikki’s son was diagnosed, the one she going to cut the cord and Katie was going to was carrying, with nine major anoma- be the first to hold her. She had already be- and the trauma of all the decisions lies, including a fluid-filled cranium come a very important part of our family. that came with that? I can’t answer with no brain tissue at all. Vikki’s At 36 weeks of pregnancy all of our dreams that. All I can do is sympathize with much-wanted son would never survive of happy expectations came crashing down them for what they had to live through outside her womb. The only thing around us. My doctor ordered an ultrasound and to say to myself as a Senator, do keeping him alive was his mother’s that detected what all my previous prenatal you really want to say that you know body. testing, including a chorionic villus sam- better in terms of that mother’s life The Stellas found the only answer pling, an alpha fetoprotein and an earlier and health? That is what the Santorum ultrasound had failed to detect, an encepha- they could: a surgical abortion proce- locele. Approximately two-thirds of my legislation says. It says we know bet- dure performed by a physician in Los daughter’s brain had formed on the outside ter; we want to be the doctors here; we Angeles. Because Vikki was diabetic, of her skull. want to decide which abortion proce- the controlled gentle nature of this Viki Wilson said: dure you can use and which you can’t surgery was much safer than induced use. I literally fell to my knees from the shock. labor or a C section. Vikki’s son died As I said at the outset, I am not a peacefully and painlessly from the This is a woman who was a nurse. doctor, and I am not going to play one combination of steps taken in prepara- When she heard this news, she literally in the Senate. The doctors that I have tion for the surgery. He was brought fell to her knees from the shock. relied on and the patients I have spo- out intact and the family was able to I immediately knew that [my baby] would ken to have led me to conclude that hold him and say their goodbyes. not be able to survive outside my womb. My the Santorum approach is the wrong That is a sad story about a couple doctor sent me to a perinatologist, a pedi- approach. I know that it will be an that dearly wanted a baby and then atric radiologist, and geneticist, all des- issue in every campaign forever. I have perately trying to find a way to save [the found late in the pregnancy this ter- baby girl]. already faced that. I am sure I will face rible news that the baby would not sur- it again. But I am confident in my po- Her husband is a doctor. vive and continuing the pregnancy sition that I can go back not only to could threaten the life of the mother. My husband and I were praying that there my home State but even to my family The procedure Vikki Stella used is the would be some new surgical technique to fix where this is debated and explain to her brain. But all the experts concurred. Abi- procedure banned by the Santorum gail would not survive outside my womb. them why I have done what I am doing bill, a procedure which her doctor And she could not survive the birthing proc- today. thought was best for her. ess, because of the size of her anomaly, her This amendment I am offering is a There is an end to this story which is head would be crushed and she would suf- sensible approach. It is one consistent much happier. The ending to the story focate. Because of the size of her anomaly, with Roe v. Wade. It deals with late- is that in 1995, Vikki gave birth to a the doctors also feared that my uterus would term abortion, and it is one that is sen- little boy. They finally got their son. rupture in the birthing process, most likely sitive to a mother’s health. It is one She came up to Capitol Hill with the rendering me sterile. It was also discovered that attempts to protect that mother that what I thought were big, healthy, when she runs the risk of grievous little fellow in a stroller and a big strong baby movements were, in fact, sei- smile on everyone’s face. zures. They were being caused by compres- physical injury. It is hard for me, when I hear the in- sion of the encephalocele that continued to AMENDMENT NO. 2319 tense rhetoric of this debate, to believe increase as she continued to grow inside my (Purpose: To provide a complete substitute.) we are talking about the same thing. womb. Mr. DURBIN. Mr. President, I send Some people refer to this as ‘‘cruel’’ Viki Wilson asked: an amendment to the desk and ask for and ‘‘execution-like.’’ This family ‘‘What about a C-section?’’ Sadly, my doc- its immediate consideration. didn’t ask for this medical emergency. tor told me, ‘‘Viki, we do C-sections to save The PRESIDING OFFICER. The They wanted to have their little boy babies. We can’t save [Abigail]. A C-section clerk will report. and be happy, as all of us. They found is dangerous for you and I can’t justify those The legislative clerk read as follows: late in the pregnancy something ter- risks.’’ The Senator from Illinois [Mr. DURBIN], for rible happened. When they went to the The biggest question for me and my hus- himself, Ms. SNOWE, Ms. COLLINS, Mr. doctor, the doctor said, this is what band was not ‘‘is [Abigail] going to die?’’ A TORRICELLI, Ms. MIKULSKI, Mr. LIEBERMAN, you have to do, and they did it. As higher power had already decided that for us. Ms. LANDRIEU, Mr. BINGAMAN, Mr. AKAKA, The question now was: [Am I going to die? Is and Mr. GRAHAM, proposes an amendment painful as it was, they did it. This bill the mother going to die with the child?] numbered 2319. says, no, this will not be a decision of ‘‘How is she going to die?’’ We wanted to Mr. DURBIN. Mr. President, I ask the Stella family, the mother and fa- help her leave this world as painlessly and unanimous consent that reading of the ther in a room with the doctor. This peacefully as possible, and in a way to pro- amendment be dispensed with. will be a decision of the Stella family tect my life and health and allow us to try again to have more children. The PRESIDING OFFICER. Without in a room with the doctor and the Fed- objection, it is so ordered. eral Government. If that doctor decides They used the procedure that would The amendment is as follows: this procedure is the safest to save this be banned by the Santorum legislation, Strike all after the enacting clause and in- mother’s life or to give her a chance to which is before us today. sert the following:

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12875 SECTION 1. SHORT TITLE. oped by the State under section 1533(b), or ‘‘§ 1534. State Law. This Act may be cited as the ‘‘Late Term shall assess a civil penalty against the re- ‘‘(a) IN GENERAL.—The requirements of this Abortion Limitation Act of 1999’’. spondent in an amount not to exceed $250,000, chapter shall not apply with respect to post- SEC. 2. BAN ON CERTAIN ABORTIONS. or both. viability abortions in a State if there is a (a) IN GENERAL.—Title 18, United States ‘‘(d) HEARING.—With respect to an action State law in effect in that State that regu- Code, is amended by inserting after chapter under subsection (a), the appropriate State lates, restricts, or prohibits such abortions 73 the following: medical licensing authority shall be given to the extent permitted by the Constitution notification of and an opportunity to be ‘‘CHAPTER 74—BAN ON CERTAIN of the United States. heard at a hearing to determine the penalty ABORTIONS ‘‘(b) DEFINITION.—In subsection (a), the to be imposed under this section. term ‘State law’ means all laws, decisions, ‘‘Sec. ‘‘(e) CERTIFICATION REQUIREMENTS.—At the rules, or regulations of any State, or any ‘‘1531. Prohibition of post-viability abor- time of the commencement of an action other State action, having the effect of law. tions. under subsection (a), the Attorney General, ‘‘1532. Penalties. the Deputy Attorney General, the Associate ‘‘§ 1535. Definitions. ‘‘1533. Regulations. Attorney General, or any Assistant Attorney ‘‘In this chapter: ‘‘1534. State law. General or United States Attorney who has ‘‘(1) GRIEVOUS INJURY.— ‘‘1535. Definitions been specifically designated by the Attorney ‘‘(A) IN GENERAL.—The term ‘grievous in- ‘‘§ 1531. Prohibition of Post-Viability Abortions. General to commence a civil action under jury’ means— ‘‘(a) IN GENERAL.—It shall be unlawful for this chapter, shall certify to the court in- ‘‘(i) a severely debilitating disease or im- a physician to intentionally abort a viable volved that, at least 30 calendar days prior pairment specifically caused or exacerbated fetus unless the physician prior to per- to the filing of such action, the Attorney by the pregnancy; or forming the abortion— General, the Deputy Attorney General, the ‘‘(ii) an inability to provide necessary ‘‘(1) certifies in writing that, in the physi- Associate Attorney General, or any Assist- treatment for a life-threatening condition. cian’s medical judgment based on the par- ant Attorney General or United States At- ‘‘(B) LIMITATION.—The term ‘grievous in- ticular facts of the case before the physician, torney involved— jury’ does not include any condition that is the continuation of the pregnancy would ‘‘(1) has provided notice of the alleged vio- not medically diagnosable or any condition threaten the mother’s life or risk grievous lation of this chapter, in writing, to the Gov- for which termination of the pregnancy is injury to her physical health; and ernor or Chief Executive Officer and Attor- not medically indicated. ‘‘(2) an independent physician who will not ney General or Chief Legal Officer of the ‘‘(2) PHYSICIAN.—The term ‘physician’ perform nor be present at the abortion and State or political subdivision involved, as means a doctor of medicine or osteopathy le- who was not previously involved in the well as to the State medical licensing board gally authorized to practice medicine and treatment of the mother certifies in writing or other appropriate State agency; and surgery by the State in which the doctor per- that, in his or her medical judgment based ‘‘(2) believes that such an action by the forms such activity, or any other individual on the particular facts of the case, the con- United States is in the public interest and legally authorized by the State to perform tinuation of the pregnancy would threaten necessary to secure substantial justice. abortions, except that any individual who is the mother’s life or risk grievous injury to ‘‘§ 1533. Regulations. not a physician or not otherwise legally au- her physical health. ‘‘(a) FEDERAL REGULATIONS.— thorized by the State to perform abortions, ‘‘(b) NO CONSPIRACY.—No woman who has ‘‘(1) IN GENERAL.—Not later than 60 days but who nevertheless directly performs an had an abortion after fetal viability may be after the date of enactment of this chapter, abortion in violation of section 1531 shall be prosecuted under this chapter for conspiring the Secretary of Health and Human Services subject to the provisions of this chapter.’’. to violate this chapter or for an offense shall publish proposed regulations for the fil- (b) CLERICAL AMENDMENT.—The table of under section 2, 3, 4, or 1512 of title 18. ing of certifications by physicians under this chapters for part I of title 18, United States ‘‘(c) MEDICAL EMERGENCY EXCEPTION.—The chapter. Code, is amended by inserting after the item certification requirements contained in sub- ‘‘(2) REQUIREMENTS.—The regulations relating to chapter 73 the following new section (a) shall not apply when, in the med- under paragraph (1) shall require that a cer- item: ical judgment of the physician performing tification filed under this chapter contain— ‘‘74. Ban on certain abortions ...... 1531.’’. the abortion based on the particular facts of ‘‘(A) a certification by the physician per- the case before the physician, there exists a The PRESIDING OFFICER. The Sen- forming the abortion, under threat of crimi- medical emergency. In such a case, however, nal prosecution under section 1746 of title 28, ator from Pennsylvania is recognized. after the abortion has been completed the that, in his or her best medical judgment, Mr. SANTORUM. Mr. President, I ap- physician who performed the abortion shall the abortion performed was medically nec- preciate the remarks of the Senator, certify in writing the specific medical condi- essary pursuant to this chapter; and I appreciate his good faith in offer- tion which formed the basis for determining ‘‘(B) a description by the physician of the that a medical emergency existed. ing this amendment. I am not going to medical indications supporting his or her discuss that amendment specifically ‘‘§ 1532. Penalties. judgment; right now, although I certainly will. ‘‘(a) ACTION BY THE ATTORNEY GENERAL.— ‘‘(C) a certification by an independent phy- I have a couple of comments. First The Attorney General, the Deputy Attorney sician pursuant to section 1531(a)(2), under General, the Associate Attorney General, or threat of criminal prosecution under section off, it has to be noted here that partial- any Assistant Attorney General or United 1746 of title 28, that, in his or her best med- birth abortions are performed—this is States Attorney specifically designated by ical judgment, the abortion performed was according to the people who perform the Attorney General may commence a civil medically necessary pursuant to this chap- them—well over 90 percent of the par- action under this chapter in any appropriate ter; and tial-birth abortions that are per- United States district court to enforce the ‘‘(D) a certification by the physician per- formed—and some have suggested provisions of this chapter. forming an abortion under a medical emer- much higher than 90 percent—on ‘‘(b) FIRST OFFENSE.—Upon a finding by gency pursuant to section 1531(c), under healthy babies and healthy mothers. the court that the respondent in an action threat of criminal prosecution under section commenced under subsection (a) has know- 1746 of title 28, that, in his or her best med- Healthy babies, healthy mothers. A ingly violated a provision of this chapter, ical judgment, a medical emergency existed, very small percentage are the cases the court shall notify the appropriate State and the specific medical condition upon that you have heard brought up here medical licensing authority in order to effect which the physician based his or her deci- today. the suspension of the respondent’s medical sion. The question is then posed: Well, who license in accordance with the regulations ‘‘(3) CONFIDENTIALITY.—The Secretary of are we to make the decision about and procedures developed by the State under Health and Human Services shall promulgate these tough cases? I think even the section 1533(b), or shall assess a civil penalty regulations to ensure that the identity of a Senator from Illinois would say, if it is against the respondent in an amount not to mother described in section 1531(a)(1) is kept exceed $100,000, or both. confidential, with respect to a certification a healthy mother and baby and this ‘‘(c) SECOND OFFENSE—Upon a finding by filed by a physician under this chapter. procedure isn’t necessary, I have some the court that the respondent in an action ‘‘(b) STATE REGULATIONS.—A State, and the problems. I think a lot of Members who commenced under subsection (a) has know- medical licensing authority of the State, have voted against this bill have said, ingly violated a provision of this chapter and shall develop regulations and procedures for if it is that case—but there are these the respondent has been found to have know- the revocation or suspension of the medical cases. I am happy to address those ingly violated a provision of this chapter on license of a physician upon a finding under cases, but let me do it in a broader con- a prior occasion, the court shall notify the section 1532 that the physician has violated a appropriate State medical licensing author- provision of this chapter. A State that fails text. ity in order to effect the revocation of the to implement such procedures shall be sub- The reason we inject ourselves is the respondent’s medical license in accordance ject to loss of funding under title XIX of the same reason the Supreme Court has in- with the regulations and procedures devel- Social Security Act. jected itself into the debate on second-

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12876 CONGRESSIONAL RECORD — SENATE October 20, 1999 and third-trimester abortions. It is be- cord, the placenta, that baby was not Even though one case held it to be con- cause we are not talking about remov- going to survive at that point. The doc- stitutional, we are looking into ways ing a tumor. It is not where we are tor had to say: This baby is not going in which we can tighten that defini- going to say you should not remove to live and if I don’t use the procedure tion. this cancerous tumor this way or that that you are going to ban here, I can do To make sure, what we are saying is, way or that appendix that way. What damage to this woman where she would look, if an abortion is what the mother we are talking about here is killing a never have another baby. That is the chooses, or a family chooses, it is legal baby—from my perspective, particu- kind of case. I understand the Senator under certain circumstances in the larly killing a baby in such a barbaric says it is a living thing, but it is living second- and third-trimester, in almost fashion—which is almost born and is because of the mother’s body and it all circumstances. But we are saying almost protected by the Constitution. cannot live on its own. this procedure, because of the very dif- So I understand the concern that we Mr. SANTORUM. I understand that ficult slippery slope of having an al- should not be practicing medicine. No very well. I just say this. What we have most born child being killed, should one is practicing medicine here. What been told by the overwhelming amount not be allowed. we are doing here is drawing a very im- of medical evidence—and, again, it gets Mr. DURBIN. Will the Senator yield portant line about what we will allow back to the discussion we had earlier for another question? in our society when it comes to killing about whether this procedure is the Let me say this: The American Coun- a living human being. I don’t think only appropriate procedure—what we cil of Obstetricians and Gynecologists anybody is going to question that the have been told over and over again is comes to a different conclusion. They baby is living and it is a human being. that this is never medically necessary. say in some circumstances this is the So what we are talking about here is In this circumstance, this is not the safest. how can you kill a living human being? only procedure that could be used, No. Mr. SANTORUM. But they do not What we are saying is you should not 1. identify any. be able to kill a living human being Again, we have overwhelming med- Mr. DURBIN. Having said that, there that is almost born, especially in a bru- ical evidence saying that this is, in are choices where these women use this tal fashion. The reason is because of fact, not the safest—in fact, is the procedure under extraordinary cir- how horrendous this is. It creates some most dangerous. Even the person who cumstances. In the cases the Senator real slippery slopes when the Senator wrote the textbook on second- and was talking about, they were literally from California gets up and says, ‘‘I third-trimester abortions, a guy by the dealing with the birth of a fetus which want every child to be wanted.’’ So name of Warren Hern, who talks about was not going to survive which was so now if you are not wanted, you are not this procedure—he does more second- abnormally sized that it caused a dan- protected by the Constitution and that and third-trimester abortions than any ger and the possibility that the mother is the way it works? If you are not other abortionist in the country—says, would never have another child. Why wanted as a child, you don’t get protec- ‘‘I have serious reservations about this would we want to preclude any medical tion. What if you’re not wanted as a procedure. You really can’t defend it. I procedure that might save that moth- Senator. Do you not get protection? I would dispute any statement that says er’s life or give her a chance to have don’t think we want to go down that this is the safest procedure to use.’’ another child, if the Senator from road. This is an abortionist from Colorado Pennsylvania concedes that he is not I am concerned, particularly as we who does more third-trimester abor- arguing against all abortion proce- talk about this procedure, where the tions than anybody in the country. dures? baby is three inches away from protec- My point is not that we should say Mr. SANTORUM. Because there are tion from the Constitution, and when you can’t have an abortion if that is safer alternatives available according you get into this area and say, people what the person wants at that point. to all of the medical literature, and we have to have all the rights to do what- But there are other options other than have definitive statements from obste- ever they want. That is not what the an intact D&E. There are other abor- tricians, hundreds of them, as well as Constitution says. That is not what we tion options, as the Senator explored in people from Northwestern—I will be have said here. We have drawn a line his statement. There is the caesarean happy to share the article with the because we think it is important for so- section, depending on what the prob- Senator—from a fairly reputable med- ciety to draw lines about what is, in lem is. You have the Alan Guttmacher ical school; I am sure the Senator fact, legal and what is not. Institute which looked at statistics on would say one of the best medical Mr. DURBIN. Will the Senator yield abortion. They say that abortion is schools. But we have overwhelming for a question? twice as risky to the life of the mother evidence that there are safer proce- Mr. SANTORUM. Yes. as is delivery in the second- and third- dures to use, that this is a rogue prac- Mr. DURBIN. I want to explore this, trimester. tice. It is not used much. And, again, because I really want to understand Mr. DURBIN. Will the Senator yield according to Warren Hern, he can’t de- what we are driving at here. I gave an so I understand the Senator’s point of fend this procedure. It is something example of a baby inside a mother’s view? that should not be used. It is not safe. womb with its brain outside of its I don’t want to put words in his I will show you arguments. I don’t skull. This brain was growing in size. It mouth. But what I hear him say is you have it handy, but we will enter into was very clear that the baby was alive can find some other abortion procedure the RECORD an analysis of the cases through the mother that continued to in that instance other than the one you that you have made by obstetricians detect a fetal heart beat, and there is are banning. That is fine. The Senator who will say under these circumstances an obvious question as to whether this may not personally like abortion at there would have been a safer course, a baby could ever survive. At the mo- all. But from his point of view, he is better course than what was done by ment, they had to make a decision. saying just as long as you use a dif- the physicians in this case. What we They knew if they went through cer- ferent kind of procedure, this bill is are saying is it is not the best medi- tain procedures, the mother could have OK. cine, period. It is not medically nec- her uterus rupture because of the size Mr. SANTORUM. That is correct. essary, period. And it is a barbaric in- of this abnormal growth of the baby, Mr. DURBIN. This bill is going after fringement on the rights of an almost and they decided to use the procedure one procedure. born child. that the Senator would ban. Mr. SANTORUM. We are very clear. I I agree. This is a very narrow bill. Now, conceding everything you have don’t think this is a problem under Roe Mr. DURBIN. Let me ask this ques- said, does the Senator from Pennsyl- v. Wade. I think we are very clear, and tion, if I might. I ask this question in vania not acknowledge the fact that are, frankly, working on making it good faith because I think we should the baby’s life was something that, clearer in the definition dealing with have this dialogue. frankly, was not going to last but a few the issue of vagueness because that has Step aside from the argument about seconds? As soon as that baby was dis- been raised, as the Senator mentioned, whether we should have abortion at all, connected from the mother’s umbilical in the court cases across the country. and go to the first two points; that this

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12877 procedure is never medically necessary court has found our language in this . . . identify no circumstances under which and is especially risky. bill constitutional. That is not true. this procedure would be the only option to Before I was elected to Congress, I The court in Wisconsin has found this save the life or preserve the health of the woman and that an intact D&X, however— used to practice law as a trial lawyer language to be constitutional. It is now in medical malpractice cases. being appealed to the Seventh Circuit. This is what they hold on to— I ask the Senator from Pennsylvania, The law is enjoined upon appeal. But, . . . may be the best or most appropriate procedure in a particular circumstance to why would any physician subject them- again, we have a district court that has selves to a medical malpractice case if save the life or preserve the health of the found this to be constitutional. woman, and only the doctor, in consultation the two points that the Senator made I would like to go through again, with the patient, based upon the woman’s are so obvious; that is, this procedure quoting from the Journal of the Amer- particular circumstances, can make this de- is never medically necessary, and it is ican Medical Association, an article cision. more dangerous than other procedures printed in 1998, a year ago in August, That is their rationale. It ‘‘may be,’’ for the mother? Why in the world by two obstetricians from North- and we should ‘‘leave it to the doctor would they ever take the risk of a law- western University, and go through and the patient.’’ ‘‘May be.’’ OK, fine. suit by using this procedure unless again why this procedure—it keeps It may be. they believe they could justify that it coming back to two issues, as the Sen- We have asked this organization to is medically necessary and that in ef- ator from Illinois talked about. provide one circumstance—just one. By fect it was the safest procedure for the One, the term is too vague. The defi- the way, we have asked them now for 3 mother to use? nition is too vague. years to give one circumstance where Mr. SANTORUM. This is not com- I will be addressing that. Hopefully, we can have peer review by obstetri- monly practiced. It is only practiced in the next couple of days we will work cians, have them look at their cir- with a few thousand abortions a year. on that, although I think, frankly, the cumstance where this ‘‘may be’’ the Given the fact there are 1.4 million definition is perfectly clear. We are best option. Give a hypothetical; give abortions, a few thousand abortions, it willing to work and to see whether we an example we can actually examine. is not something that is practiced in can make it a little bit more definitive. What is the answer from that organi- every abortion clinic. I think a lot of Second, that this may be necessary zation? Nothing. abortion clinics will say this is a rogue to protect the health of the mother, They say it ‘‘may be.’’ We can’t say practice. That is not to say people do again, that is the discussion in which how, we can’t give any evidence of it, not practice medicine that is somewhat the Senator from Illinois and I were but ‘‘it may be.’’ Because it may be— strange. There are a lot of people who just engaged. which is not substantiated—that is the do things in medicine that are not con- I want to restate again how over- health exception they need. sidered to be medically sound judg- whelming the evidence is of people who It is pretty lame. If they cannot ments. That doesn’t mean that they can definitively state without question come forward and give facts, we need a aren’t done. They are, in fact, done. that over 400 obstetricians around the health exception because it ‘‘may be,’’ This is a situation where we believe country say it is never medically nec- but if we cannot give circumstances that is the case. This is a rogue proce- essary. where that is the case, where is the dure. Someone may be sued. I don’t C. Everett Koop—as the Senator from health exception? know. Maybe someone has. I am not They admit it is not the only way. Illinois said, is never medically nec- aware of someone being sued. But, The AMA has said it is not good medi- essary. It is a pretty strong term to say again, the person most likely to sue cine; it is a rogue procedure, and the it is never medically necessary. would be the child that is dead. I am AMA is a pro-choice organization. That What do we have on the other side? not too sure that in the case of the is what their board votes. mother that is necessarily a most com- We have some anecdotes about cases Again, it is hard for me to argue mon thing you will see. I don’t think a where it was used, but in no case do against ‘‘May be’s,’’ without specifics. lot of abortionists are sued, period. they state that was the only option or That is what we have. Members are I would like to address a couple of that was the best option. hiding behind ‘‘we need a health excep- issues that the Senator from California On our side we have the abortionist, tion because it may be.’’ This is a de- brought up, and then the Senator from Dr. Haskell from Ohio, who probably bate about facts. We have hundreds and Illinois. does more of these abortions than any hundreds of physicians who say it may First, to state very clearly what the other person. He says it is never—un- be never the best option; it will never Senator from California said, talking derline never—medically necessary to be the best option; there are always about the murder of abortionists and protect the life of the mother and not better alternatives. snipers firing at people, I am against medically necessary to protect the From the point of view of someone murder. I think everybody who sup- health of the mother. The abortionist who is on the Senate floor and whose ports this legislation—and, frankly, ev- himself says that. job it is to look at all the information, erybody in this Chamber agrees—be- On the other side, we have the state- to be able to make a judgment, don’t lieves that acts of violence against ment from the American College of Ob- hide behind a health exception that anybody on the issue of abortion is stetricians and Gynecologists. That is doesn’t exist and is not substantiated. counterproductive to an effort that the argument on the other side. This Just because it is substantiated by seeks to affirm life. Certainly, taking whole debate on health is centered anecdotes of people who used them be- the law into their own hands is an out- around an organization that is very cause it happened to save them, that rage, is offensive to me, is wrong, and pro-abortion that says they put to- doesn’t mean there weren’t better op- should be prosecuted to the fullest ex- gether a select panel that: tions at the same time. Just because tent of the law. There is no room in a . . . could identify no circumstances under this worked to save the health of the movement that talks about non- which this procedure would be the only op- mother doesn’t mean there weren’t bet- violence—and violence toward babies tion to save the life or preserve the health of ter options. in utero—for condoning actions of vio- the woman. Mr. President, 400 years ago we used lence of any sort, whether it is murder This is an organization that opposes to bleed people, and it probably helped or attempted murder or destruction of this bill. This is an organization they some people, but that doesn’t mean property, et cetera. I don’t stand here rely upon to hold on to the ‘‘health ex- there weren’t better options. We are condoning that, and I would join with ception.’’ That is the cover behind not saying, what is the best option? Why do the Senator from California to con- voting for this bill. we want the best option? This is not re- demn it and condemn it in the strong- There are two arguments: Health of moving a tumor. This is killing a baby est words possible. That is no service the mother—we need that, otherwise that is outside the mother. That is why to those who are trying to get the we can’t vote for this if we don’t have we don’t like this procedure. country’s ear in defense of innocent that—and it is too vague, the defini- This is not practicing medicine and human life. tion is too vague. telling doctors how to do their busi- I want to correct what the Senator The organization they rely upon says ness. If this were about an ingrown toe- from California said also about no they can: nail, we wouldn’t care. This is about

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12878 CONGRESSIONAL RECORD — SENATE October 20, 1999 killing a living human being—about dreds and hundreds of obstetricians, know why you defend killing a baby killing a living human being. I don’t the best in their field, perinatologists, this far away from being born who think anybody on the floor will argue people who deal with maternal and would otherwise be born alive. I do not with that. We are talking about killing fetal medicine, who say this procedure know how you defend it. a living human being. That is this far is dangerous, more dangerous to a So I look forward to this debate over away from the Constitution saying woman. So the issue of health is a the next couple of days. I know the ‘‘no.’’ This far. bogus one. It is a bogus issue. Senator from California feels very pas- I will read from this article the ra- Again I go back to Warren Hern, the sionately about this, but I think the tionale given by these physicians as to author of ‘‘Abortion Practice,’’ the au- issue of where we draw the line con- why they believe this is not the best thor who does more third-trimester stitutionally is very important. I am procedure for mothers from a health abortions, I am told, than anybody else sure the Senator from California agrees perspective. in America. He says: with me. I think the Senator from Cali- There exist no credible studies on intact I have very serious reservations about this fornia would say that she and I, the D&X— procedure. You really can’t defend it. I would Senator from Illinois, the Senators This is a rogue procedure— dispute any statement that this is the safest from Arkansas and Kansas, we are all procedure to use. protected by the Constitution with the . . . that evaluate or attest to its safety. The procedure is not recognized in medical This is not a fan of this bill. So, right to life. textbooks nor is it taught in medical schools again, all these comments and con- Would you agree with that, Senator or in obstetrics and gynecology residencies. cerns about ‘‘we have to protect from California? Do you answer that Intact D&X poses serious medical risks to health, we have to protect health’’—if question? the mother. Patients who undergo an intact we outlawed this procedure, we would Mrs. BOXER. I support the Roe v. D&X— be protecting health. We would be pro- Wade decision. Intact D&X is a partial-birth abor- tecting the health of women where doc- Mr. SANTORUM. Do you agree any tion as defined in the bill— tors who do it do it for the convenience child who is born has the right to life, are at risk for the potential complications of the abortionist. is protected by the Constitution once with any surgical midtrimester termination, Do you want to know why it is done? that child is born? Mrs. BOXER. I agree with the Roe v. including hemorrhage, infection, and uterine It is done for the convenience of the Wade decision, and what you are doing perforation. However, intact D&X places abortionist, because they can do more goes against it and will harm the these patients at increased risk of two addi- in 1 day. That is why this procedure tional complications. women of this country. And I will ad- was developed. That is what they will So a traditional late-term abortion dress that when I get the floor. tell you. That is, the doctor who in- Mr. SANTORUM. But I would like to has certain risks associated with it, ac- vented this procedure, he will tell you cording to these doctors from North- ask you this question. You agree, once that is why he did it. the child is born, separated from the western University. But this procedure On the other issue—and we will get has two other complications in addi- mother, that that child is protected by to this a little later in the debate—the the Constitution and cannot be killed? tion to the ones already inherent in a issue of vagueness, the Senator from late-term abortion: Do you agree with that? California said every court in the coun- Mrs. BOXER. I would make this First, the risk of uterine rupture may be try that has ruled on this has ruled it increased. An integral part of the D&X pro- statement. That this Constitution as it is vague or ruled it is unconstitutional. currently is—some want to amend it to cedure is an internal podalic version, during First off, that is not true. Wisconsin which the physician instrumentally reaches say life begins at conception. I think into the uterus, grasps the fetus’ feet, and ruled in fact it is constitutional. But I when you bring your baby home, when pulls the feet down into the cervix, thus con- am willing to work with those who your baby is born—and there is no such verting the lie to a footling breach. The in- have genuine concerns about the issue thing as partial-birth—the baby be- ternal version carries risk of uterine rup- of vagueness, to get a definition that longs to your family and has the ture, abruption, amniotic fluid embolus, and makes people perfectly comfortable rights. But I am not willing to amend trauma to the uterus. that we are not talking about any the Constitution to say that a fetus is The second potential complication of in- other form of abortion because it is not a person, which I know you would. But tact D&X is the risk of iatrogenic laceration my intent, as has been ascribed to me, and secondary hemorrhage. Following inter- we will get to that later. I know my nal version and partial breech extraction, that what I am trying to do is elimi- colleague is engaging me in a colloquy scissors are forced into the base of the fetal nate all second- and third-trimester on his time. I appreciate it. I will an- skull while it is lodged in the birth canal. abortions. swer these questions. This blind procedure risks maternal injury What is clear about this debate and I think what my friend is doing, by from laceration of the uterus or cervix by the debate that has been going on now asking me these questions, is off point. the scissors and could result in severe bleed- for three Congresses is that we are not My friend wants to tell the doctors in ing and the threat of shock or even maternal trying to do that. I think we have this country what to do. My friend death. stood on the floor and said that is not These risks have not been adequately from Pennsylvania says they are rogue quantified. our intent. Our intent is to get rid of a doctors. The AMA will tell you they no None of these risks are medically nec- dangerous procedure. Yes, it is painful longer support the bill. The American essary because other procedures are avail- to the baby. Yes, it is dangerous to the Nurses don’t support the bill. The ob- able to physicians who deem it necessary to mother. But it is also dangerous to our stetricians and gynecologists don’t perform an abortion late in pregnancy. As society, to be able to kill a baby that support the bill. So my friend can ask ACOG policy clearly states, intact D&X is is this close to being born. I think it is me my philosophy all day; on my own never the only procedure available. Some cli- something we have to stand up and time I will talk about it. nicians have considered intact D&X nec- draw the line on clearly, and that is Mr. SANTORUM. If I may reclaim essary when hydrocephalus is present. what we are asking to do. my time, first of all, the AMA still be- Water on the brain. So to me it is pretty simple. We have lieves this is bad medicine. They do not However, a hydrocephalic fetus could be no evidence this jeopardizes the health support the criminal penalties provi- aborted by first draining the excess fluid of the mother—none. We have specula- sions in this bill, but they still be- from the fetal skull through ultrasound- tion, no facts. We have the vagueness guided. . .[procedures.] Some physicians who lieve—I think you know that to be the perform abortions have been concerned that concern. Again, I am willing to work case—this procedure is not medically a ban on late term abortions would affect on that issue. If that is a genuine con- necessary, and they stand by that their ability to provide other abortion serv- cern that people have, I am willing to statement. ices. Because of the proposed changes in fed- work on it to make sure we can make I ask the Senator from California, eral legislation, it is clear that only intact people comfortable that what we are again, you believe—you said ‘‘once the D&X would be banned. talking about is only this procedure. baby comes home.’’ Obviously, you I can and I will, throughout the But once you get past those two con- don’t mean they have to take the baby course of the next couple of days, pro- cerns, I do not know what is left. I do out of the hospital for it to be pro- vide letter after letter signed by hun- not know why you defend this. I do not tected by the Constitution. Once the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12879 baby is separated from the mother, you Mrs. BOXER. I support the right— Mr. SANTORUM. I am asking. would agree—completely separated and I will repeat this, again, because I Mrs. BOXER. I am absolutely not from the mother—you would agree that saw you ask the same question to an- suggesting that. You asked me a ques- baby is entitled to constitutional pro- other Senator. tion, in essence, when the baby is born. tection? Mr. SANTORUM. All the Senator has Mr. SANTORUM. I am asking you Mrs. BOXER. I will tell you why I to do is give me a straight answer. again. Can you answer that? don’t want to engage in this. You had Mrs. BOXER. Define ‘‘separation.’’ Mrs. BOXER. I will answer the ques- the same conversation with a colleague You answer that question. tion when the baby is born. The baby is of mine, and I never saw such a twist- Mr. SANTORUM. Let’s define that. born when the baby is outside the ing of his remarks. Let’s say the baby is completely sepa- mother’s body. The baby is born. Mr. SANTORUM. Let me be clear, rated; in other words, no part of the Mr. SANTORUM. I am not going to then. Let’s try to be clear. baby is inside the mother. put words in your mouth—— Mrs. BOXER. I am going to be clear Mrs. BOXER. You mean the baby has Mrs. BOXER. I hope not. when I get the floor. What you are try- been birthed and is now in the mother’s Mr. SANTORUM. But, again, what ing to do is take away the rights of arms? It is a human being? It takes a you are suggesting is if the baby’s toe women and their families and their second, it takes a minute—— is inside the mother, you can, in fact, doctors to have a procedure. And now Mr. SANTORUM. Say it is in the ob- kill that baby. you are trying to turn the question stetrician’s hands. Mrs. BOXER. Absolutely not. into, When does life begin? I will talk Mrs. BOXER. I had two babies, and Mr. SANTORUM. OK. So if the baby’s about that on my own time. within seconds of them being born—— toe is in, you can’t kill the baby. How Mr. SANTORUM. If I may reclaim Mr. SANTORUM. We had six. about if the baby’s foot is in? the time? Mrs. BOXER. You didn’t have any. Mrs. BOXER. You are the one who is The PRESIDING OFFICER (Mr. BUN- Mr. SANTORUM. My wife and I did. making these statements. NING). The Senator from Pennsylvania We do things together in my family. Mr. SANTORUM. We are trying to has the floor. Mrs. BOXER. Your wife gave birth. I draw a line here. Mr. SANTORUM. What I am trying gave birth. I can tell you, I know when Mrs. BOXER. I am not answering to do is get an answer from the Senator the baby was born. these questions. from California as to where you would Mr. SANTORUM. Good. All I am ask- Mr. SANTORUM. If the head is inside draw the line because that really is the ing you is, once the baby leaves the the mother, you can kill the baby. important part of this debate. mother’s birth canal and is through the Mrs. BOXER. My friend is losing his Mrs. BOXER. I will repeat. I will re- vaginal orifice and is in the hands of temper. Let me say to my friend once peat, the Senator has asked me a ques- the obstetrician, you would agree you again—and he is laughing—— tion—— cannot then abort the baby? Mr. SANTORUM. I am not laughing. The PRESIDING OFFICER. The Sen- Mrs. BOXER. I would say when the Mrs. BOXER. Let me say, this woman ator from Pennsylvania has the floor. baby is born, the baby is born and is not laughing right now because if Mrs. BOXER. I am answering the would then have every right of every this bill was the law of the land, she question I have been posed by the Sen- other human being living in this coun- might either be dead or infertile. So if ator, and the answer to the question is, try, and I don’t know why this would the Senator wants to laugh about this, I stand by Roe v. Wade. I stand by it. even be a question. he can laugh all he wants. I hope we have a chance to vote on it. Mr. SANTORUM. Because we are Mr. SANTORUM. Reclaiming my It is very clear, Roe v. Wade. That is talking about a situation here where time, Mr. President. All I suggest is I what I stand by; my friend doesn’t. the baby is almost born. So I ask the was not laughing about the discus- Mr. SANTORUM. Are you suggesting question of the Senator from Cali- sions. It is a very serious discussion. Roe v. Wade covered the issue of a baby fornia, if the baby was born except for Mrs. BOXER. Well, you were. in the process of being born? the baby’s foot, if the baby’s foot was Mr. SANTORUM. I was smiling at Mrs. BOXER. I am saying what Roe inside the mother but the rest of the your characterization of my demeanor. v. Wade says is, in the early stages of baby was outside, could that baby be I have not lost my temper. I think I a pregnancy, a woman has the right to killed? am, frankly, very composed at this choose; in the later stages, the States Mrs. BOXER. The baby is born when point. What I will say—and the Senator have the right—yes—to come in and re- the baby is born. is walking away—is the Senator said, strict. I support those restrictions, as Mr. DURBIN. Will the Senator yield? again, the baby is born when the baby long as two things happen: They re- Mrs. BOXER. That is the answer to is born. I said: If the foot is still inside spect the life of the mother and the the question. the mother? She said: Well, no, you health of the mother. Mr. SANTORUM. I am asking for you can’t kill the baby. If the foot is inside, Mr. SANTORUM. I understand that. to define for me what that is. you can’t, but if the head is the only Mrs. BOXER. That is where I stand. Mrs. BOXER. I can’t believe the Sen- thing inside, you can. No matter how you try to twist it, that ator from Pennsylvania has a question Here is the line. See this is where it is where I stand. with it. I have never been troubled by gets a little funny. Mr. SANTORUM. I say to the Sen- this question. You give birth to a baby. Mrs. BOXER. Parliamentary inquiry, ator from California, I am not twisting The baby is there, and it is born, and Mr. President. Let the RECORD show anything. I am simply asking a very that is my answer to the question. that I did not say what the Senator straightforward question. There is no Mr. SANTORUM. What we are talk- from Pennsylvania said that I did. hidden question here. The question ing about here with partial birth, as Thank you. is—— the Senator from California knows, is Mr. SANTORUM. Mr. President, I Mrs. BOXER. I will answer it again. the baby is in the process of being hate to do this, but could we have the Mr. SANTORUM. Once the baby is born—— clerk read back what the Senator from born, is completely separated from the Mrs. BOXER. In the process of being California said with respect to that mother, you will support that that born. This is why this conversation question? baby has, in fact, the right to life and makes no sense, because to me it is ob- I understand it will take some time cannot be killed? You accept that; vious when a baby is born; to you it for us to do that. I will be happy— right? isn’t obvious. Mrs. BOXER. I say to my friend, I Mrs. BOXER. I don’t believe in kill- Mr. SANTORUM. Maybe you can know what I said. I am saying your ing any human being. That is abso- make it obvious to me. What you are characterization of what I said is incor- lutely correct. Nor do you, I am sure. suggesting is if the baby’s foot is still rect. I didn’t talk about the head or the Mr. SANTORUM. So you would ac- inside of the mother, that baby can foot. That was what my colleague cept the fact that once the baby is sep- then still be killed. talked about. And I don’t appreciate it arated from the mother, that baby can- Mrs. BOXER. I am not suggesting being misquoted on the floor over a not be killed? that. subject that involves the health and

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12880 CONGRESSIONAL RECORD — SENATE October 20, 1999 life of the women of this country and pery this slope is, that you can say the child down into a 15-foot levee, leaving the children of this country and the foot does, the head doesn’t, maybe the the child to die a slow and painful families of this country. ankle—folks, we don’t want to go death of exposure to the elements. Mr. SANTORUM. It also involves— there. It is not necessary for the health After this horrific event, the same cou- and that is the point I think the Sen- of the mother, it is not necessary for ple allegedly returned 3 days later and ator from California is missing—it also the life of the mother, and if you don’t drowned their other child in a pond. involves when in the process—that is believe me, believe the person who de- Last month, the Washington papers why people on both sides of the abor- veloped it because they said so. were filled with the news of a Maryland tion issue support this bill, because it I think we need to have a full debate, man who stands accused of killing his also involves what is infanticide and not just on narrow issues, but on the two small children and then reporting what is not. A lot of people who agree broader issue of what this means to the their deaths as the result of a with you on the issue of abortion say rights of every one of us born and un- carjacking. this is too close to infanticide. This is born, sick and well, wanted and un- Unfortunately, these kinds of inci- a baby who is outside the mother. wanted. I think the line needs to be a dents become all too frequent today. Again, I will not put words in the bright one. I yield the floor. The list goes on and on. Senator’s mouth, but what I heard— Mr. HUTCHINSON addressed the The question I raise is, Are the trage- and again I am willing to have that Chair. dies I have recounted, and the scores of corrected by the RECORD and the Sen- The PRESIDING OFFICER (Mr. others that could be enumerated, re- ator can correct me right now—what I VOINOVICH). The Senator from Arkan- lated to the debate that we are having heard her say is if the foot is inside the sas. about partial-birth abortion? mother, no, you cannot kill the baby, Mr. HUTCHINSON. Mr. President, I I know there are people who will but when the head is, you can. That is am pleased to rise in support of this howl there is no connection. There will a pretty slippery slope. legislation to ban the partial-birth be people who would object strenuously Mrs. BOXER. I say to my friend, abortion procedure. I commend the to even the suggestion being made that what I said was I wasn’t answering Senator from Pennsylvania for his pas- the all-too-frequent violence toward those questions. What the Senator was sionate, eloquent, and articulate expla- children could be related to a society’s trying to do was to bait me on his nation in defense of this legislation. permissive attitude toward a procedure terms of how he sees this issue. I had the privilege of presiding dur- that would allow a baby to be partially We have a situation where this proce- ing Senator SANTORUM’s statement. I born and then killed. dure is outlawed. It will hurt the cannot say as well, I cannot say as pas- But I would suggest that, in fact, women and the families of this coun- sionately what the Senator from Penn- there is a connection; that violence be- try. My friend can disagree with that, sylvania said so very well in explaining gets violence; that dehumanizing one but I never got into the issue of when the need for this legislation and why part of mankind contributes to the de- is someone born. I said to you I am we are taking the time on the floor of humanizing of all vulnerable human very clear on that, and I understand the Senate to debate it and to vote on beings—whether they are the disabled, that completely, but it was my friend it. I am here so he might not stand whether they are the elderly, or wheth- who kept on asking these questions, alone, and he does not stand alone. er they are the newborn. which to me do not make any sense be- There will be better than 60 percent Many Americans were shocked—I cause the issue here is an emergency of the Senate voting for this legisla- was shocked—to hear of the Princeton procedure that my friend from Penn- tion, and better than 80 percent of the professor of bioethics, who was re- sylvania wants to make illegal, and it American people support a ban on this cently hired, assumed a seat on the fac- will hurt the women and it will hurt horrible procedure. But this is not a ulty at Princeton University, one of the families of this country. subject, it is not a topic, it is not an our most distinguished universities—a Mr. SANTORUM. If I can reclaim my issue about which people like to talk. professor of bioethics, ironically—who time, first off, the Senator from Cali- It is not something Senators feel com- said: fornia said this was an emergency pro- fortable coming down and talking I do not think it is always wrong to kill an cedure. Name me an emergency proce- about; it is not something I feel com- innocent human being. Simply killing an in- dure that takes 3 days. That is what fortable talking about, but I do think fant is never equivalent to killing a person. the procedure takes. That is one of the it is very important. A professor of bioethics, at a major things that was put forward early in Once again, I commend my colleague American university, who can say that the debate, now risen again, that this for the leadership he has shown on this publicly and be defended. is somehow an emergency procedure. It issue. The questions Senator SANTORUM is not an emergency procedure. It is a Mr. President, the Nation was shaken posed a few moments ago to the Sen- 3-day procedure. with a sense of disbelief over 5 years ator from California—well, Professor No emergency do you present your- ago in 1994 when we discovered that a Singer would not have had difficulty in self in an emergency condition and get young mother in South Carolina, answering the questions that he posed. sent home with pills for 3 days to Susan Smith, had murdered her own He simply says: It is not always wrong present yourself back. children and then pretended they had to kill an innocent human being. Kill- Again, I want to finalize, and then been kidnapped. ing an infant is not the equivalent of the Senator from Arkansas has been In my home State of Arkansas, in re- killing a person. waiting for quite sometime, and I want cent days, a young woman in her ninth Is this where we are going? to allow him to speak. This is not a month of pregnancy was savagely at- This professor believes parents clean issue. This is not a removal of a tacked by three young men who had should be allowed, 28 days after the tumor. We are talking about drawing been hired by the woman’s boyfriend birth of a severely disabled child, to de- the line between what is infanticide and the father of her unborn child to cide whether or not they want to kill and what is abortion, and that is why force her to lose her baby. That was the child or keep the child. many of us are disturbed about this. No the reason he contracted with these It was suggested earlier in the open- one is trying to reach in and outlaw thugs, to, in effect, murder that unborn ing comments of the Senator from abortions. child. They beat her with severe blows Pennsylvania that the debate we are The Senator from Illinois and I were to her stomach and explicitly told her having about this kind of procedure, 40 very clear about the limited scope of that their intent was to kill her child, years ago, would have been unheard of this bill. What we are saying is, this is a child the father did not want. in our society. No one can doubt that too close to infanticide. This is bar- As we were dealing with the shock of in this so-called age of enlightenment baric. This fuzzies the line that is dan- this gruesome tragedy, we learned of a we have moved so far in what we view gerous for the future of this country. Memphis man who confessed to driving as acceptable in the area of taking the And what you saw, as the Senator from across the river last summer into the lives of those who are innocent. California was hesitant to get involved Arkansas Delta with his wife and I listened very closely to the objec- in that because she realizes how slip- throwing the couple’s 18-month-old tions to this legislation as I presided in

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12881 the chair during the opening state- Then it was said: Well, we have had we want out of the way must first be dehu- ments of both sides earlier today. It repeated votes on this before. We have manized or something within might hold us seemed to me that every issue that was had repeated votes on a lot of issues. back. raised in opposition to this legislation The fact is, we have new Senators now. I wonder why there was such objec- was an effort to divert attention from We are going to have some different tion to even the term ‘‘partial-birth the horror of this procedure. votes. We voted repeatedly on cam- abortion.’’ Clearly, it describes what There was the issue of the timing of paign finance reform. It is a debate, I this procedure is. I think the author, the vote. Whether this vote occurs this suspect, that will go on year after year. Mr. Greenberg, has said it right: We week or whether this vote would have Because we have voted on this legis- have to do the verbal engineering be- occurred last week or next week does lation before is no reason that we fore we do the social engineering, be- not change the horror of what we are should not, once again, raise what cause to use the term ‘‘partial-birth talking about; it does not change the many believe is the fundamental moral abortion’’ suggests the humanity of terrible nature of a procedure that issue facing our culture today; that is, that child. kills a child that is partially born. the issue of life. Then Greenberg wrote: I think every objection that has been Senator SANTORUM so eloquently What once would have inspired horror is raised is an effort to turn our attention demonstrated the folly of where this now the mundane, even the scientific, the away, divert our attention away from ultimately leads. If killing an unborn advanced, the enlightened. What once might that chart that Senator SANTORUM had child, who is partially delivered, with have inspired dread is now sanctioned in the on the floor earlier today, which was only his or her head still within the elastic name of constitutional right and indi- vidual freedom. far from being a cartoon but was very body of the mother, is legal, where similar to medical charts. then do we draw the line? Could we That is what we are hearing today. Then there was the objection that we have a more basic, fundamental issue We are hearing the defense of an inde- were practicing medicine; that the of gravity before this body than that? fensible procedure, sanctioned in the Senate was seeking to practice medi- So time and time again we will hear, elastic name of constitutional right cine; that we should not make this de- during the debate, the effort to take and individual freedom. When a ques- cision; that it is a decision that should our attention away from where the tion is raised, it is simply: I support be made within the profession. focus should be, and that is unborn Roe v. Wade; that is our right. What an It was Thomas Jefferson who said— elastic right it has become, to defend and I will say it as close to his words as child and this horrible procedure. Every effort will be made to bring up under Roe v. Wade a procedure that no I can: The first and fundamental pur- the timing of the vote, the issue of one, no civilized person, could suggest pose of Government is the protection of whether or not this is in our purview, is either good medicine or humane innocent human life. practice. There is no more fundamental goal the practicing of medicine, which, of course, is very much within our pur- I ask my colleagues to not be di- and object of Government than the pro- verted from the issue but to think tection of its citizens, the protection of view, this issue of human life; the fact of what the courts have ruled or may about the baby, think about the proce- human life. We could not find a subject dure, this horrible procedure, think more relevant to what Government yet rule on this or similar legislation— all of these are efforts to take the Na- about the pain that little baby feels, ought to be doing than this subject. think about what kind of country we To say we should not be involved in tion’s eyes off what this legislation is want to be. it because it is a medical issue is sim- all about, and that is eliminating a I yield the floor. ply an effort to divert us from what barbaric, uncivilized procedure that no Mrs. BOXER addressed the Chair. really is the issue; that is, whether right-minded person can surely defend. The PRESIDING OFFICER. The Sen- human life should be protected by law It is a Federal crime to harm a spot- ator from California. or not. ted owl or a bald eagle or even its egg, It is always ironic to me that those but a helpless infant, completely de- Mrs. BOXER. Mr. President, I will who say Government should not be in- pendent on its mother, is not accorded make a unanimous consent request. I volved in this issue are the first to say the same protections we afford the hope it is OK with my colleague from Government should pay for this proce- spotted owl or the bald eagle. Pennsylvania. I would like to speak for dure, or at least abortions in general. In this body—I say to my colleagues 2 minutes. I would like to ask unani- Then there was the argument that who say we shouldn’t take the time of mous consent that following that, Sen- the courts may rule this unconstitu- the Senate to debate this issue—in this ator WELLSTONE take 10 minutes and, tional; therefore we should not even be body, we debated an amendment to the following that, Senator LIEBERMAN be voting on this because the courts, and Interior appropriations bill that would recognized. the Supreme Court eventually, might have prohibited the use of steel leg The PRESIDING OFFICER. Is there rule this legislation unconstitutional. hold traps. Perhaps that was a debate objection? Isn’t that ironic? Because I just lis- we should have had, but I believe it Mr. SANTORUM. If I may amend tened to 4 days of debate in which the pales in comparison to the gravity and that to say, following that, Senator constitutionality of campaign finance the seriousness of the issue we are now BROWNBACK would be recognized after reform proposals were argued on the debating. We would protect the spotted Senator LIEBERMAN. floor of this Senate. No one said, well, owl, the bald eagle, or the inhuman Mrs. BOXER. Absolutely. we shouldn’t even debate this proposal practice of steel leg hold traps, but we The PRESIDING OFFICER. If the because the courts—in fact, the evi- have trouble protecting infants who Senator will repeat the understanding. dence is the courts have and will rule are pulled from their mother’s womb Mrs. BOXER. I will repeat it, as many portions of the so-called Shays- by the legs and killed. amended by my friend from Pennsyl- Meehan legislation unconstitutional as One of the finest writers in this Na- vania. It would be BOXER for 2 minutes, a violation of the first amendment— tion, I believe, hails from the State of WELLSTONE for 10 minutes. but it did not prevent us from having a Arkansas. He is a Pulitzer Prize-win- How much time would Senator LIE- healthy, prolonged debate about the ning journalist whose name is Paul BERMAN like to have? need for campaign finance reform. Greenberg. He is one of the most bril- Mr. LIEBERMAN. Ten minutes is I think it is an absolute red herring liant and, I think, articulate defenders fine. to say: Well, ultimately when the Su- of human life I have ever had the op- Mrs. BOXER. Ten minutes for Sen- preme Court makes a definitive ruling portunity to read. I want to read for ator LIEBERMAN, at which time we on this subject, they may or may not the record a couple of short paragraphs would go to Senator BROWNBACK for 10 rule that it is constitutional. That, in from the many columns this Pulitzer minutes. That is my unanimous con- no way, abrogates our responsibility to Prize winner has written: sent request. debate it and to pass legislation that As always, verbal engineering has preceded The PRESIDING OFFICER. Is there we believe is not only constitutional social engineering. The least of these must objection? but in the best interests of this coun- be aborted in words before it becomes per- Without objection, it is so ordered. try. missible to abort them in deed. Those whom Mrs. BOXER. I thank the Chair.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12882 CONGRESSIONAL RECORD — SENATE October 20, 1999 Let me say, the Senator from Arkan- time for those who are following this Senate who are not concerned, that sas said the charge of government is to debate. I think it is important what don’t share some of the concerns that protect innocent life. We all want to the amendment says. It would ban all have been reflected by speeches given protect every life. But when it comes postviability abortions, except in cases on the floor. Sheila and I have three to pregnancy, we do have a law that where both the attending physician children, and we also were confronted prevails in this country, which my and an independent nontreating physi- with two miscarriages—6 weeks and friend may not agree with —I have a cian both certify in writing, in their over 4 months. Anybody who goes hunch he doesn’t—called Roe v. Wade. medical judgment, the continuation of through that knows what this debate is It was decided in 1973. In that decision, the pregnancy would threaten the all about. I also know it is about a the Court said when it comes to abor- mother’s life or risk grievous injury to woman, a mother, a family having tion, in the first trimester a woman her physical health, with then a very their right to choose. I am very nerv- has the right to choose, without any strict and very clear definition of ous about a State coming in and telling interference by the Government; and ‘‘grievous injury.’’ That is what the a family they are going to make this after that time, the States can regu- amendment says. decision. But I also understand the late and restrict, but always the life of It would actually reduce the number concerns, especially the concerns— the woman and the health of the of late-term abortions. This legislation again, I go to the language about woman must be protected. That is Roe. fits in with the constitutional param- postviability abortions. But here we That is, it seems to me, a very sound eters set forth by the Supreme Court have an amendment that says it will decision. for government restriction of abortion. ban this except in the cases where the What we have in the Santorum bill is This legislation retains the abortion attending physician and an inde- an out-and-out attack on that philos- option for mothers facing extraor- pendent, nontreating physician certify ophy because there is no exception for dinary medical conditions such as that, in their medical judgment, if you health. breast cancer or non-Hodgkin’s don’t do this, then you are going to see My friend from Illinois, Senator DUR- lymphoma. At the same time, this a threat to the mother’s life or she is BIN, is trying to deal with that issue. I amendment clearly limits the medical going to risk grievous injury to her say to him, my compliments for work- circumstances where postviability physical health. ing on his bill. abortions are permitted. By doing that, Isn’t that reasonable? I am so tired of The bottom line for this Senator: I this legislation protects fetal life in the sharp drawing of the line and the want to make sure if my daughter or cases where the mother’s health is not polarization and the accusations and anybody else’s daughter is in an emer- at high risk. the emotion and the bitterness. Why gency situation, that the doctor or doc- I came to the floor to speak about don’t we pass this amendment? It is a tors do not have to open up the law this amendment because I believe the reasonable compromise. books and decide whether or not they Durbin amendment is, if you will, For those who want to overturn Roe can do what is necessary to save the where I am kind of within me. This is v. Wade, that is never going to happen. health and life of my daughter. what I believe. I think it makes sense That is the law of the land. But if we When one talks about innocent life, to move in this direction. I think it want to make a difference and we have one must look at the faces involved. makes sense to set up a strict stand- this concern, I think we should support Here is a face of a beautiful young ard. I think it is terribly important, this Durbin amendment. I come to the woman who wanted desperately to have when we look at postviability abor- floor of the Senate to thank him for his children. I will tell her story later. She tions, to have this test, to have this effort. I am comfortable with this is an innocent person. Roe protects standard that has to be met. I am cer- amendment. I think it would make a her; the Santorum bill leaves her out tainly not going to vote for an amend- difference. I think it would meet some in the cold. ment or a piece of legislation which is of the agonizing concerns that I and So the Senator from Pennsylvania so open-ended that where there clearly other Senators have. I am not about to can engage me in debates all he wants are the medical circumstances, the life support legislation that is so open as to when I believe life begins and of a mother is threatened, she can’t go ended that it makes no allowance at all when I think a baby is born. To me, it forward with this procedure. for the health of a mother. That is my is very obvious when a baby is born. Here is why I come to the floor. I position. When it leaves the mother, it is born. don’t understand why those who want I yield the floor. That is pretty straightforward. to see some change would not support The PRESIDING OFFICER. Under I would prefer to leave the medical this compromise. If you are interested, the previous order, the Senator from emergencies to the physicians. I think I say to my colleagues, in trying to Connecticut is recognized for 10 min- they know. This isn’t a Roe procedure make a difference, if you are concerned utes. we are talking about. This is a proce- about some of these late-term abor- Mr. LIEBERMAN. Mr. President, I dure that the American College of Gyn- tions, if you think there ought to be a rise to support the amendment offered ecologists and Obstetricians supports. more stringent standard, then that is by my colleague from Illinois, Senator They say they need it in their arsenal what this Durbin amendment says. If DURBIN. The underlying bill and this when they work to protect a woman’s you are interested in passing legisla- amendment bring us back to these life and her health. The American tion, if you are interested in making a morally perplexing questions. We heard Nurses Association—I could go on and change, if you are interested in passing it in the sincerity of the speech by the on. a bill that isn’t going to be vetoed by Senator from Minnesota and the sin- At this time, I yield the floor and the President, if you are interested in cerity of all of my colleagues speaking will come back to this as often as we passing legislation, as opposed to one on either side, for either of these ap- have to until this debate concludes. more time going through this political proaches. I know Senator WELLSTONE has some- war and making this a big political This problem, more than any I have thing to offer to the debate. issue, then you ought to support this confronted in my public life, seems to The PRESIDING OFFICER. The Sen- amendment. me to join our personal value systems, ator from Minnesota. There are some people from the other our personal understanding about pro- Mr. WELLSTONE. Mr. President, I side who think this amendment is a found philosophical medical questions, thank the Senator from California. I mistake. They don’t want to see this such as ‘‘When does life begin?’’ with shall be brief. First, I ask unanimous amendment pass. I think this amend- our role as legislators, with our role as consent that I be included as an origi- ment is reasonable. I think it is a com- lawmakers, with the limits of what our nal cosponsor of the Durbin amend- promise that makes sense. I think it capacities are in making law and, ulti- ment. deserves our support. mately, of course, also with what the The PRESIDING OFFICER. Without I actually will make this not at all reality is that the courts have stated objection, it is so ordered. personal in terms of what other Sen- as they have applied our Constitution, Mr. WELLSTONE. Mr. President, I ators have said. It is simply not true as the ultimate arbiter of our values will describe the amendment one more that there aren’t many people in the and our rights in this country.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12883 I support this proposal of Senator tiality of human life may, if it chooses, time when it is not seen by the pro- DURBIN’s because, once again, I think it regulate, and even proscribe, abortion ponents of Senator SANTORUM’s legisla- actually will do what I believe most ev- except where it is necessary, in appro- tion as a negation of that legislation erybody—I would say everybody—in priate medical judgment, for the pres- because this amendment in that sense this Chamber would like the law to do, ervation of the life or health of the never gets a fair vote or a clear vote. I and that is to reduce the number of mother.’’ Partial birth legislation has think if we brought it up on its own, abortions that are performed. I support been challenged 22 times in the courts perhaps it could allow us the common it also because I think it can be upheld resulting in 19 injunctions. The court- ground on this difficult moral question as constitutional, and I sincerely and imposed constraints must be reflected toward which I think so many Mem- respectfully doubt the underlying pro- in legislative efforts if we are going to bers of the Chamber on both sides as- posal, the so-called Partial-Birth Abor- achieve our goal of reducing late-term pire. I hope we can find the occasion to tion Act, will be upheld as constitu- abortions. Enacting legislation that do that. tional. courts have struck down time and I thank the Chair. I thank my friend I remember I first dealt with these again is unlikely to reduce abortions. from Illinois for the work he has done issues when I was a State senator in Most recently, of course, that conclu- in preparing this amendment and Connecticut in the 1970s, after the Roe sion was reached by the Eighth Circuit bringing it before us. v. Wade decision was first passed down Court on September 24, little less than I yield the floor. by the Supreme Court, and the swelter a month ago, when the court said: Mrs. BOXER. Mr. President, I know of conflicting questions: What is the Several states have enacted statutes seek- Senator BROWNBACK is going to speak. appropriate place for my convictions ing to ban ‘‘partial-birth abortion.’’ The pre- The PRESIDING OFFICER. Senator about abortion, my personal conviction cise wording of the statutes, and how far the BROWNBACK is recognized. that potential life begins at conception statutes go in their attempts to regulate pre- Mrs. BOXER. Will the Senator yield and, therefore, my personal conviction viability abortions, differ from state to for a unanimous-consent request so state. The results from constitutional chal- that Senator MIKULSKI could follow the that all abortions are unacceptable? lenges to the statutes, however, have been How do I relate that to my role as a Senator? almost unvarying. In most of the cases that Mr. BROWNBACK. I have no objec- lawmaker, to the limits of the law, to reached the federal courts, the courts have tion. the right of privacy that the Supreme held the statutes unconstitutional. Mrs. BOXER. Mr. President, I ask Court found in Roe v. Wade? So the constitutional impediment to unanimous consent that Senator MI- This proposal that deals with partial- the proposal Senator SANTORUM makes KULSKI follow Senator BROWNBACK and birth abortion, or intact dilation and is that, notwithstanding the horrific be recognized for 10 minutes. extraction, brings us back once again nature of the so-called partial-birth The PRESIDING OFFICER. Without to all of those questions. I have re- abortion, the intact dilation and ex- objection, it is so ordered. The Senator ceived letters from constituents in sup- traction method of abortion, you can- from Nebraska. port of Senator SANTORUM’s proposal. I not prohibit by law, according to the Mr. BROWNBACK. Thank you very have had calls and conversations with Supreme Court of the United States, much. I thank my colleague, Senator constituents and friends—people I not any particular form of terminating a SANTORUM, for once again bringing this only respect and trust but love—who pregnancy at all stages of the preg- important issue in front of this body have urged me to support Senator nancy. You can prohibit almost all and to this floor. SANTORUM’s proposal. forms of terminating a pregnancy after Once again, I join Senator SANTORUM When you hear the description of this viability. That is what the Durbin as an original cosponsor of this legisla- procedure, it is horrific; it is abomi- amendment will do. tion to end partial-birth abortion in nable. There is a temptation, of course, Incidentally, viability as medical this country. Last year, the Senate to want to respond and do what the un- science has advanced, has become an failed to override the President’s veto derlying proposal asks us to do in the earlier and earlier time in the preg- by three votes. President Clinton has law by adopting this law. And then I nancy. twice vetoed similar measures in 1996 come back to my own personal opinion, There are exceptions. and 1997. We will continue, however, to which is every abortion, no matter Incidentally, the language in the raise this issue until the President when performed during pregnancy— Durbin proposal is not full of loopholes. signs this into law, or until this proce- this is my personal view—is unaccept- It is very strict and demanding. It re- dure is banned for forever. able and is, in its way, a termination of quires a certification by a physician I follow my colleague from Con- potential life. that the continuation of the pregnancy necticut, who I rarely disagree with on So as I step back and reach that con- would threaten the mother’s life or matters of this nature. But this hap- clusion, I have to place the proposal risk grievous injury to her physical pens to be one of those which I do. I Senator SANTORUM puts before us and health. Those are serious requirements view this as an abhorrent procedure, as the one Senator DURBIN puts before us not meant to create a series of loop- my colleague from Connecticut does as now in the context, one might say, of holes through which people intending well. I also view it as a constitutional some humility of what the appropriate to violate the law can go. issue that we can raise, that we can role for each of us is as lawmakers, As has been said, a new provision has deal with, and this body should deal what the appropriate role for this insti- been added to this amendment which with. tution is as a lawmaking body, and requires that an independent physician This goes to one of the most funda- what does the Court tell us is appro- who will not perform nor be present at mental issues for us as a country, for priate under the Constitution. I cannot the abortion, who was not previously us as a people, and that is when life be- reach any other conclusion, personally, involved in the treatment of the moth- gins and when it should be protected. than that Senator SANTORUM’s proposal er, can affirm the first physician’s These lives should be protected. is not constitutional, that Senator opinion by a certification in writing. As I sat and listened to much of this DURBIN’s is, and will, in fact, reduce A physician who knowingly violates discussion, I have to say I am sad as I the number of postviability abortions the act may be subject to suspension of listened to this discussion because it is and, therefore, the number of abortions license and penalties as high as so difficult, and it is such an awful that are performed in our country. $250,000. thing—the birth of a child, and then it That is why I have added my name as The limitations are specific. They is killed by a blunt instrument. a cosponsor to Senator DURBIN’S pro- are narrow. And they are, if I may say I think some medical facts bear men- posal. so, inflexible. In that sense, they re- tioning at this point in time. The courts have created well-defined spond in the most narrow way to the Brain wave activity is detectable in boundaries for legislative action. health exception required by the Su- human beings at 41 days after concep- Under Planned Parenthood versus preme Court. tion—just 41 days. A heartbeat is de- Casey, the Supreme Court held that This is such a good proposal which tectable 24 days after conception. ‘‘subsequent to viability, the State in Senator DURBIN has offered that I hope Consistently, State statutory or case promoting its interest in the poten- we may come back to it at some other law establishes a criteria of dead as the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12884 CONGRESSIONAL RECORD — SENATE October 20, 1999 irreversible cessation of brain wave ac- children against schoolchildren, the We hold these Truths to be self-evident, tivity or spontaneous cardiac arrest. unending tawdriness of television pro- that all Men are created equal, that they are In short, these are lives of individ- gramming and other media, to name endowed by their Creator with certain uals that are ended by this process. It unalienable Rights, that among these are only a few cultural malfunctions. Life. . . . is death. These are heartbeats and As Noonan went on to observe: Let’s live. Let’s stop this culture of brain waves. They are stopped. They No longer say, if you don’t like it, change are denied life by this abhorrent proce- the channel. [People] now realize something death from going forward. Let’s appeal dure. they didn’t realize ten years ago: There is no to that inner voice that says let that I would like to share some thoughts channel to change to. life live. with you from a writer, a Jewish writ- Perhaps our increasingly violent cul- I yield the floor. The PRESIDING OFFICER. The Sen- er, Sandi Merl, when he was asked ture has dulled our consciences and about this procedure of partial-birth ator from Maryland. worn us down to this place where it no Ms. MIKULSKI. Mr. President, I rise abortion. He said this: longer is politically expedient to pro- to speak against the Santorum amend- When I think of Partial-Birth Abortion, I test the obscene suffering of infants. ment and on behalf of the Durbin hear only the first two words—‘‘partial This explains why we continue to tol- birth.’’ To me, this procedure is not abor- amendment of which I am a cosponsor. erate such a brutal practice as partial- I wish to speak on the merits of the tion. It is pre-term delivery followed by an birth abortion—what a dreadful name. act of destruction leading to a painful death amendment, but I will say a few words . . . This is infanticide, clearly and simply, I hope it isn’t so. It is to this con- before I debate the amendment about and must be stopped . . . This is about leav- science that I appeal. I appeal to those an issue the Senator from Kansas has ing no fingerprints when committing a mur- who recognize the suffering and do not raised. I have had the opportunity to der of convenience. turn their heads, who take personal re- get to know and so respect the position That is why I will once again vote to sponsibility to correct this course of of the Senator from Kansas. end partial-birth abortion when it destruction, no matter the political The Senator spoke about the culture comes to the Senate floor. It is a cruel consequences. of death. I believe we should have a de- and shameless procedure which robs us Please, please, open your hearts and bate on the culture of death here in the of our humanity with every operation listen. Hear that voice in there, the Senate. I believe it should occur among performed. It is not true that the anes- cries of thousands of little children, Members privately, when we are having thesia kills the child before removal saying: Hear me, let me live. conversations in the lunchroom. I be- from the womb. Instead, it is the fact Every once in a while, something lieve one of the things we should do as that the baby is actually alive and ex- happens which shakes us from our dull- we end this century, which has been periences extraordinary pain when un- ness. I want to share an event reported such a ghoulish, grim, violent century, dergoing the operation. in the Washington Times that de- is think about how we can affirm a life- Nor is this brutality only reserved scribed an incident in April of this year giving culture. for the most extreme circumstances. in Cincinnati where a botched partial- I speak to my colleague from Kansas According to the executive director of birth abortion resulted in the birth of a with all due respect and a desire to the National Coalition of Abortion Pro- little girl who lived for 3 hours. It is re- work with him on those issues. The viders, the ‘‘vast majority’’ of partial- ported that the emergency room tech- Pope, the leader of my own faith, and birth abortions are performed in the nician rocked and sang to her. After the Catholic bishops of America have fifth and sixth months of pregnancy on the inevitable death of the baby, the spoken about the culture of death. healthy babies of healthy mothers. staff members grieved so badly that They say when we choose life, it is end- The facts speak for themselves. hours were spent in counseling and ing all forms of violence—the violence Bluntly put, this involves the death of venting to get over the emotional trau- of poverty, hunger, armed conflict, a child in a brutal fashion, and all of it ma of the incident. One person ob- weapons of war, the violence of drug legally condoned by the current Presi- served that the real tragedy is that no trafficking, the violence of racism, and dent of the United States. laws were broken. the violence of mindless damage to our Our institutionalized indifference to I hope we will continue to let our- environment. this extraordinary suffering makes me selves be troubled by this event and by In other statements from both the wonder, what has happened to our col- this practice and instead of turning a Pope and the bishops, they speak out lective conscience as a nation? Are we cold heart to it or saying, ‘‘I’m tied on famine, starvation, the spread of really so callous that we knowingly into a certain political position I can’t drugs, domestic violence, and the de- condone this form of death for our very change.’’ I hope we will prayerfully nial of health care. weakest, which we would never force consider and at night go and search I say to my colleagues in the Senate, on any adult, no matter how bad the ourselves and ask: Is this something we when we think about a defense against crime? Even murderers on death row want to continue in America? Is this the culture of death, we need a broader are given more consideration when exe- something I want to be a part of allow- view. We are need to talk not only cuted. Yet our babies are painfully ing to continue in America? about one amendment or one proce- killed while conscious. This extraor- People of great tradition serve in this dure—which I say is quite grim—but dinary cruelty should cause us to bow body who seek to protect and to serve also to talk about what we are going to our heads in shame. the poorest of the poor and the weakest do to address these other critical In a Wall Street Journal article, of the weak in our culture and society. issues. Peggy Noonan rightly labeled events They serve so admirably, and they We rejected a judicial nomination such as that at Columbine High School speak glowingly about the need to pro- last week because of the nominee’s po- as evidence of a much deeper problem, tect those who are weakest. Yet, is it sition on the death penalty. I don’t one she identified as the ‘‘culture of not this child in the womb who is the know how we can be against the cul- death.’’ Quoting Pope John Paul II weakest of all in our society and in our ture of death and yet vote against a from his recent visit to Mexico City, he culture? And that child cries right distinguished man who makes serious, urged a rejection of this increasingly now. If we will just for a moment lis- prudent, judicial decisions on certain influential culture of death, instead ten, we will hear the cry of that child. death penalty cases. embracing the dignity and principles of Can’t we just for a moment turn from We defeated an arms control treaty, life for everyone. our locked in, dug in positions and say, with no real serious opportunity for It is obvious, especially after the Col- OK, just for a moment I will listen, I full debate and development of side umbine tragedy, that a culture of will see if I can hear that small voice agreements. There were legitimate death is playing in our land. Lately, that is crying out to me: Just let me ‘‘yellow flashing lights’’ about the the volume has been turned up very live. Let me have that God-given life agreement that deserved thorough de- loudly. The words to this song include that has been promised to me. Let me bate. But we rushed to a vote with only the extremes we know now by heart: have that God-given life of which we hasty, last minute hearings and no op- Excessively high murder rates, the re- speak so eloquently in our Declaration portunity for complete investigation of peated rampages of violence by school- of Independence and our Constitution. the treaty.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12885 I say to my colleagues, let’s look at cally necessary and appropriate course this. People of good will and good con- what we are going to do to protect our for a particular woman facing a health science differ on this. own families and how we can look at crisis. So the Supreme Court used viability promoting a culture of life. I say that This is why I think the Durbin as its standard. Once a fetus is viable, with sincerity. I say it with the utmost amendment is a superior amendment. it is presumed to have not only a body, respect for people whose position I will It acknowledges the grave seriousness but a mind and spirit. Therefore it has disagree with on this amendment. We of the possibility of a medical crisis in standing under the law as a person. need to reach out to each other, think a late-term pregnancy that can only be The Roe decision is quite clear. these issues through, and put aside resolved with the family and the physi- States can prohibit abortion after via- message amendments, put aside tac- cian. To single out only one procedure bility, so long as they permit excep- tical advantages, put aside partisan means other procedures could be used, tions in cases involving the woman’s lines. equally as grim. What we want to do is life or health. Let me be clear. Under I say to my colleague from Kansas, I preserve the integrity of the doctor-pa- Roe, states can prohibit most late term know he is deeply concerned about the tient relationship, and make sure there abortions. And many states have done issues of culture in our own country. is no loophole, by requiring two physi- so. Many of those issues I do share. I reach cians to independently evaluate the In my own state of Maryland, we out and say to my colleagues, let’s woman’s medical needs. have a law that does just that. It was think through what we are doing. So I believe the Durbin amendment is adopted by the Maryland General As- Having said that, I rise to support a superior way to address this most se- sembly and approved by the people of the Durbin amendment. In this debate, rious issue, and I intend to support the Maryland by referendum. It prohibits I say to my colleagues, the first ques- Durbin amendment. I recommend to post viability abortions. As the Con- tion is: Who really should decide my colleagues that they, too, give the stitution requires, it provides an excep- whether someone should have an abor- Durbin amendment serious consider- tion to protect the life or health of the tion or not? I believe that decision ation. woman. should not be made by government. I Let me say again what I think this Like the Maryland law, the Durbin believe when government interferes in debate is about. I believe it is about alternative respects that key holding decisionmaking, we have ghoulish, the right of women facing the most of Roe. It says that after the point of grim policies. tragic and rare set of complications af- viability, no woman should be able to Look at China, with their one child/ fecting her pregnancy to make medi- abort a viable fetus. The only excep- one family official practice. The gov- cally appropriate or necessary choices. tion can be when the woman faces a ernment of China mandated abortions. This is not a debate that should take threat to her life or serious and debili- Look at Romania under the vile lead- place in the U.S. Senate. This is a dis- tating risk to her health. ership of Ceausescu, who said any cussion that should remain for women, The bill before us—the Santorum woman of childbearing age had to their health care providers, their fami- bill—only bans one particular abortion prove she was not on any form of birth lies and their clergy. The Senate has procedure at any point in a pregnancy. control or natural method. They were no standing, no competency and no By violating the Supreme Court’s mandated to have as many children as business interfering in this most pri- standard on viability, this language they could. vate and anguishing of decisions a would in all probability be struck down I don’t want government interfering. woman and her family can possibly by the courts. I think government should be silent. face. In fact, this language has already We have a Supreme Court decision in That is why I so strongly oppose the been struck down in many states be- Roe v. Wade. We should respect that Santorum bill. It would violate to an cause of this very reason. The pro- decision. I think it is in the interests of alarming degree the right of women ponents of the legislation know this. our country that government now be and their physicians to make major The Durbin alternative, though, bans silent on this. We should move forward. medical decisions. all post viability abortions. It doesn’t Medical practitioners should make de- And that is why I rise in strong sup- create loopholes by allowing other pro- cisions on medical matters. It should port of the Durbin amendment. I sup- cedures to be used. not be left up to politicians with very port the Durbin alternative for four I believe there is no Senator who little scientific or theological training. reasons. thinks a woman should abort a viable There is a substantial difference on First, it respects the constitutional fetus for a frivolous, non-medical rea- when life begins. Science and underpinnings of Roe v. Wade. son. It does not matter what procedure theologians disagree on this. Some say Second, it prohibits all post-viability is used. It is wrong, and we know it. at the moment of conception. St. abortions. The Durbin alternative bans those Thomas Aquinas, in my own faith, said Third, it provides an exception for abortions. It is a real solution. the soul comes into a male in 6 weeks, the life and health of a woman which is On the other hand, S. 1692, proposed but it takes 10 weeks for the soul to both intellectually rigorous and com- by Senator Santorum and others, does enter the body of a woman. We would passionate. not stop a single abortion. For those take issue with Thomas Aquinas on Finally, it leaves medical decisions who think they support this approach, that. Our Supreme Court said that in the hands of physicians—not politi- know that it is both hollow and ineffec- given conflicting scientific viewpoints, cians. tive. fetal viability should determine to The Durbin alternative addresses this S. 1692 attempts to ban one par- what extent a state may limit access difficult issue with the intellectual ticular abortion procedure. All it does, to abortion. rigor and seriousness of purpose it de- though, is divert doctors to other pro- The Durbin amendment is consistent serves. We are not being casual. We are cedures. Those procedures may pose with the Court’s framework. It would not angling for political advantage. We greater risks to the woman’s health. ban all post-viability abortions except are not looking for cover. But let me be clear—late term abor- when the life or health of the woman is We are offering the Senate a sensible tions would still be allowed to happen. at risk. The Durbin amendment pro- alternative—one that will stop post-vi- And for that reason, the Santorum ap- vides clear guidelines, which are nar- ability abortions, while respecting the proach is ineffective. rowly but compassionately drawn, to Constitution. We believe that it is an The Durbin amendment provides a allow doctors to use a variety of proce- alternative that reflects the views of tough and narrow health exception dures, based on medical necessity in a the American people. that is intellectually rigorous, but it is particular woman’s situation. It must The Durbin amendment respects the compassionate as well. It will ensure be medically necessary in the opinion Supreme Court’s ruling in the Roe v. that women who confront a grave of not one but two doctors. Both the Wade decision. When the Court decided health crisis late in a pregnancy can doctor who recommends this as a pro- Roe, it was faced with the task of de- receive the treatment they need. cedure and then an independent physi- fining ‘‘When does life begin?’’ The Amendment defines such a crisis cian must certify that this is the medi- Theologians and scientists differ on as a ‘‘severely debilitating disease or

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12886 CONGRESSIONAL RECORD — SENATE October 20, 1999 impairment caused or exacerbated by The Durbin alternative provides (3) the 1973 Supreme Court decision in Roe pregnancy.’’ And we don’t leave it up sound public policy, not a political v. Wade established constitutionally based to her doctor alone. We require that a soundbite. It is our best chance to ad- limits on the power of States to restrict the second, independent physician also cer- dress the concerns many of us have right of a woman to choose to terminate a pregnancy; and tify that the procedure is the most ap- about late term abortions. The Presi- (4) women should not be forced into illegal propriate for the unique circumstances dent has already vetoed the Santorum and dangerous abortions as they often were of the woman’s life. bill and other similar legislation in prior to the Roe v. Wade decision. But I want to be very clear in this. earlier Congresses. I believe he will (b) SENSE OF CONGRESS.—It is the sense of The Durbin amendment does not create veto it again. the Congress that— a loophole with its health exception. But today we have a chance to do (1) Roe v. Wade was an appropriate decision We are not loophole shopping when we something real. We have an oppor- and secures an important constitutional insist that an exception be made in the tunity to let logic and common sense right; and (2) such decision should not be overturned. case of serious and debilitating threats win the day. We can do something to a woman’s physical health. This is which I know reflects the views of the The PRESIDING OFFICER. The Sen- what the Constitution requires and the American people. ator from Iowa. reality of women’s lives demands. Today we can pass the Durbin Mr. HARKIN. Mr. President, I ask for Let’s face it, women do sometimes amendment. We can say that we value the yeas and nays. The PRESIDING OFFICER. Is there a face profound medical crises during life and that we value our Constitu- sufficient second? pregnancy. Some of these traumas are tion. We can make clear that a viable Mr. HARKIN. I will ask it again, Mr. caused or aggravated by the pregnancy fetus should not be aborted. We can say President. itself. I’m referring to conditions like that we want to save women’s lives and severe hypertension or heart condi- Mr. SANTORUM. Mr. President, I women’s health. The only way to do all suggest the absence of a quorum. tions. this, Mr. President, is to vote for the I’m referring to pre-existing condi- The PRESIDING OFFICER. The Durbin amendment. clerk will call the roll. tions—like diabetes or breast cancer— I urge my colleagues to support the that require treatments which are in- Mr. HARKIN. Mr. President, I believe Durbin amendment. I had the floor. I had the floor. compatible with continuing pregnancy. Mrs. BOXER addressed the Chair. Would anyone argue that these are not The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- Chair will note the Senator lost the profound health crises? ator from California. The Durbin amendment recognizes floor when he asked for the yeas and AMENDMENT NO. 2320 TO THE TEXT INTENDED TO that to deny these women access to the nays. BE STRICKEN BY AMENDMENT 2319 abortion that could save their lives and The legislative clerk proceeded to Mrs. BOXER. Mr. President, I send an physical health would be unconscion- call the roll. amendment to the desk and ask for its able. When the continuation of the Mr. HARKIN. Mr. President, I ask immediate consideration. unanimous consent that the order for pregnancy is causing profound health The PRESIDING OFFICER. The problems, a woman’s doctor must have the quorum call be dispensed with. clerk will report. The PRESIDING OFFICER. Without every tool available to respond. The bill clerk read as follows: I readily acknowledge that the proce- objection, it is so ordered. dure described by my colleagues on the The Senator from California [Mrs. BOXER] Mr. HARKIN. Mr. President, I with- proposes an amendment numbered 2320 to other side is a grim one. I do not deny draw my request for the yeas and nays. the text intended to be stricken by amend- The PRESIDING OFFICER. The that. But there are times when the re- ment 2319. alities of women’s lives and health dic- question is on the amendment. Mr. HARKIN. Mr. President, I ask tates that this medical tool be avail- Mr. HARKIN addressed the Chair. unanimous consent that reading of the able. The PRESIDING OFFICER. The Sen- I support the Durbin alternative be- amendment be dispensed with. ator from Iowa. The PRESIDING OFFICER. Without cause it is leaves medical decisions up Mr. HARKIN. Mr. President, the objection, it is so ordered. to doctors—not legislators. It relies on amendment I have offered will basi- The amendment is as follows: medical judgement—not political cally express the sense of the Congress judgement—about what is best for a At the end of the bill, add the following: in support of the Supreme Court’s deci- patient. SEC. . SENSE OF CONGRESS. sion in Roe v. Wade. With all of the Not only does the Santorum bill not It is the Sense of the Congress that, con- amendments that keep coming up and sistent with the rulings of the Supreme trying to chip away at Roe v. Wade, let doctors be doctors, it criminalizes Court, a woman’s life and health must al- Senator BOXER and I decided that it them for making the best choice for ways be protected in any reproductive health their patients. Under this bill a doctor legislation passed by Congress. was important for us to see if there was support in the Congress for Roe v. could be sent to prison for up to two AMENDMENT NO. 2321 TO AMENDMENT NO. 2320 years for doing what he or she thinks is Wade. (Purpose: To express the sense of the Con- I know there are some groups around necessary to save a woman’s life or gress in support of the Supreme Court’s de- health. I say that’s wrong. cision in Roe v. Wade) the United States that believe Roe v. In fact, those who oppose the Durbin Wade should be overturned. I do not be- Mr. HARKIN. Mr. President, I send lieve that. I think it was an eminently amendment say it is flawed precisely an amendment to the desk and ask for because it leaves medical judgements wise decision. As time goes on, and as its immediate consideration. we reflect back, the decision enun- up to physicians. The PRESIDING OFFICER. The Well, who else should decide? Would ciated by Justice Blackmun becomes clerk will report. more and more profound and more ele- the other side prefer to have the gov- The legislative clerk read as follows: ernment make medical decisions? I dis- gant in its simplicity and its straight- The Senator from Iowa [Mr. HARKIN] pro- agree with that. I believe we should not forwardness. poses amendment numbered 2321 to amend- However, it seems as we get wrapped substitute political judgement for med- ment No. 2320. ical judgement. At the appropriate place, insert the fol- up in these emotionally charged de- We need to let doctors be doctors. lowing: bates on partial birth abortion, we lose This is my principle whether we are SEC. ll. SENSE OF CONGRESS CONCERNING sight of what it is that gave women talking about reproductive choice or ROE V. WADE. their full rights under the laws of our any health care matter. (a) FINDINGS.—Congress finds that— Nation and our States. Physicians have the training and ex- (1) reproductive rights are central to the I was interested a couple of minutes pertise to make medical decisions. ability of women to exercise their full rights ago in what Senator MIKULSKI pointed They are in the best position to rec- under Federal and State law; out; that the eminent theologian, St. (2) abortion has been a legal and constitu- ommend what is necessary or appro- tionally protected medical procedure Thomas Aquinas, had basically stipu- priate for their patients. Not bureau- throughout the United States since the Su- lated that in soul man—that is the put- crats. Not managed care accountants. preme Court decision in Roe v. Wade (410 U.S. ting of the soul in the human body—oc- And certainly not legislators. 113 (1973)); curred 6 weeks after conception for a

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12887 man but 10 weeks after conception for According to CRS, only 10 pieces of for her stalwart support and defense of a woman. That was a theology that legislation were introduced in either Roe v. Wade through all these years. I held for a long time. the House or Senate before the Roe de- follow in her footsteps, I can assure I studied Saint Thomas Aquinas cision. Since 1973, more than 1,000 sepa- you. But I remember as a kid growing when I was in Catholic school. He was rate legislative proposals have been in- up in a small town in rural Iowa, that an eminent theologian, as I said. We troduced. The majority of these bills it was commonplace knowledge, if you look back and we say: That is ridicu- have sought to restrict abortions. had the money, and you were a young lous. The very division of 6 weeks for a Unfortunately, what is often lost in woman who became pregnant, you man and 10 weeks for a woman is kind the rhetoric and in some of this legisla- could go out of State; you could go of ridiculous. Medical science has pro- tion—is the real significance of the Roe someplace and have an abortion. But if gressed. We know a lot of things they decision. you were poor and had nowhere else to did not know at that time. What will The Roe decision recognized the right go, you went down to sought out some- we know 50 years from now that we do of women to make their own decisions one who would do an illegal abortion. not know today? about their reproductive health. The Those are the women who suffered and Women, through the centuries, as we decision whether to bear a child is pro- died and were permanently disfigured. have developed more and more the con- foundly private and life altering. As Mrs. BOXER. I say to my friend, I re- cept of the rights of man—and I use the Roe Court understood, without the member those days. Further, even man in the terms of mankind, all hu- right to make autonomous decisions when women who did have the where- mans, the human race—that as we en- about pregnancy, a woman could not withal, sometimes they resorted to a large the concept of human rights— participate freely and equally in soci- back-alley abortion and paid the those rights we have that cannot le- ety. money—— gitimately be interfered with or tres- I do not believe that any abortion is Mr. HARKIN. Sure. passed upon by the power of any gov- desirable—nobody does. As Catholic Mrs. BOXER. Under the table and ernment—as we progressed in our and a father, I’ve struggled with it my- risked their lives and their ability to thinking about those human rights, all self. However, I do not believe that it is have children later and were scarred too often women were left out of the appropriate to insist that my personal for life. equation. views be the law of the land. Mr. HARKIN. Sure It was not until recent times, even in I think there are some things that Mrs. BOXER. So the Roe v. Wade de- our own country, that women had the Congress can do to prevent unintended cision, as my friend has pointed out, in right to own property. It was not until pregnancy and reduce abortion by in- his words, was an ‘‘elegant decision.’’ recent times that women even had the creasing funding for family planning, And why does he say that? Because it right to vote in this country, not to mandating insurance coverage for con- did balance the mother’s rights with say what rights are still denied women traception and supporting contracep- the rights of the fetus. Because it said, in other countries around the globe. tion research. previability, the woman had the unfet- As we progressed in our thinking of Mr. President, I strongly urge my tered right to choose and in the late- human rights, we have come a long colleagues to support this resolution. I term the State could regulate. way from Thomas Aquinas who said believe it would establish the one im- Roe v. Wade was a ‘‘Solomon-like’’ that for some reason a man gets a soul portant principle that we can agree decision in that sense. I again want to a lot earlier than a woman gets a soul. on—that despite the difference in our say to my friend, I greatly appreciate Yes, we’ve come a long way. views, we will not strip away a wom- him offering this second-degree amend- I believe our concept of human rights an’s fundamental right to choose. ment to my amendment. I think it is now is basically that human rights ap- So I think we need to make it clear, important for us to support Roe v. plies to all of us, regardless of gender, we need to make it clear that we have Wade in this Congress. I think if we do, regardless of position at birth, regard- no business—especially we in the Con- it will be a relief to many women and less of nationality or station in life, gress of the United States—have no families in this country who are con- race, religion, nationality; that human business interfering with a woman’s cerned that that basic right might be rights inure to the person. fundamental right to choose. taken away because there are many One of the expansions of those human Mrs. BOXER. Would my friend yield people running for the highest office in rights was for women to have the right for a question? the land who do not support Roe, who to choose. After all, it is the female Mr. HARKIN. Without losing my want to see it overturned, who might who bears children. That particular right to the floor, I would be delighted well appoint Judges to the Court who right inures to a woman. It was the to yield for a question. would take away this right to choose, particular genius of Roe v. Wade that Mrs. BOXER. I am very grateful to which is hanging by a thread in Court Justice Blackmun laid out an approach the Senator from Iowa for this amend- as it is. So I, most of all, thank my to reproductive rights that basically ment. It is interesting to me; in all the friend for offering this amendment. guarantees to the woman in the first years I have been in the Senate, we Mr. HARKIN. I thank the Senator trimester a total restriction on the have never had a straight up-or-down from California. I thank her for the State’s power to interfere with that de- vote on whether this Senate agrees question. I will elaborate on that in cision. In the second trimester, the with the Supreme Court decision that just a minute. State may, under certain inscriptions, gave women the right to choose. Again, I say to the Senator from interfere. And in the third trimester, Mr. HARKIN. Yes. California, we do need to send a strong after the further decision of the Casey Mrs. BOXER. So I am very grateful message that the freedom to choose is case, the States may interfere to save to my friend for giving us a chance to no more negotiable than the freedom the life or health of the mother. talk about that because I wonder if my to speak or the freedom to worship. It We have a situation now where friend was aware that prior to the le- is nonnegotiable. women in our country are given—I galization of abortion, which is what This ruling of Roe v. Wade has should not use the word ‘‘given’’—but Roe did in 1973, the leading cause of touched all of us in very different have attained their equal rights and maternal death in this Nation was ille- ways. As the Senator from California their full human rights under law. gal abortion. Was my friend aware of just pointed out, it is estimated that as That was Roe v. Wade. Since that that? many as 5,000 women died yearly from time, many in the legislatures of our Mr. HARKIN. Yes, I was. I didn’t illegal abortions before Roe. States and many in this legislature, know the exact figure, but I knew In the 25 years since Roe, the variety the Congress of the United States—the many women died or were permanently and level of women’s achievements House and the Senate—have sought re- injured and disabled because of illegal have reached unprecedented levels. The peatedly to overturn Roe v. Wade; if abortions performed in this country— Supreme Court recently observed: not totally to overturn it, but to chip because they had no other option. The ability of women to participate equal- away at it—a little bit here, a little bit Mrs. BOXER. Exactly. ly in the economic and social life of the Na- there, with the final goal to overturn Mr. HARKIN. I say to my colleague tion has been facilitated by their ability to Roe v. Wade. from California, I want to thank her control their reproductive lives.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12888 CONGRESSIONAL RECORD — SENATE October 20, 1999 I will also quote Justices O’Connor, I offered a substitute which related Mr. HARKIN. I answer the Senator Kennedy, and Souter in the Casey case: strictly to late-term abortions, those affirmatively. I have had that same ex- At the heart of liberty is the right to de- occurring after viability, after a fetus perience, yes. fine one’s own concept of existence, of mean- could survive, and said that we would Mr. DURBIN. If I might further ask ing, of the universe, and of the mystery of only allow an abortion in an emer- the Senator from Iowa a question, human life. Beliefs about these matters gency circumstance where the life of what he is saying is this vote on the could not define the attributes of personhood the mother was at stake or the situa- Harkin amendment tries to answer the were they formed under compulsion of the tion where continuing the pregnancy first and most basic question: Should State. ran the risk of grievous physical injury abortion procedures in America remain I think that is what this is all to the mother. I believe, of course, the safe and legal, consistent with Roe v. about—whether we will use the heavy Court will, if it comes to that, ulti- Wade, should we acknowledge a wom- hand of the State to enforce certain in- mately decide what I have offered, an’s right of privacy and her right to dividuals’ concepts of when life begins, being postviability, is consistent with choose with her physician and her fam- how life begins, when can a person have Roe v. Wade which drew that line. Be- ily and her conscience as to the future an abortion, when can a person not. fore that fetus is viable and can survive of her pregnancy within the confines of People are divided on this issue. Some outside the womb, the woman has cer- Roe v. Wade? That is the bottom line, people are uncertain about it. I quarrel tain rights. When the viability occurs, is it not, of his amendment? with myself all the time about it be- then those rights change, according to Mr. HARKIN. The Senator is abso- cause it is as multifaceted as there are Roe v. Wade. lutely correct. individual humans on the face of the To make sure I understand, the Sen- Mr. DURBIN. I say to the Senator, in Earth. ator from Iowa is offering an amend- closing, I think this is an important I would not sit in judgment on any ment that is not antagonistic to my vote. I think we have walked around person who would choose to have an amendment but, rather, wants to put this issue in 15 different directions in abortion, especially a woman who went the Senate on record on the most basic the time I have served on Capitol Hill. through the terrifying, agonizing, soul- question about Roe v. Wade as to I commend the Senator from Iowa for wrenching procedure of having a late- whether or not the Senate supports it. offering this amendment. I think it term abortion because her health and gets to the heart of the question as to her life was in danger. That must be My question to the Senator is this: Is the Senator saying in his amendment, those who would basically outlaw abor- one of the most soul-wrenching experi- tion in America and those who believe ences a person can go through. in the conclusion of the amendment, Roe v. Wade was an appropriate deci- Roe v. Wade should be continued. And you want me to sit in judgment Mr. HARKIN. I thank my colleague on that? The Senator from Pennsyl- sion and secures an important con- stitutional right, and such decision and friend from Illinois for enlight- vania wants to be able to say: Here it ening this issue and for clearly drawing is. You can’t deviate from that. I am should not be overturned—that is the conclusion of his amendment—is he what this amendment is all about. sorry; that is not our role; that is not Again, a vote in favor of the amend- saying that if we are to keep abortion the role of the Government or the ment which I have offered states we legal in this country and safe under State. will support Roe v. Wade, that Roe v. Roe v. Wade, we vote for his amend- That is why, again, I believe it is par- Wade should be the law, that a wom- ment and those who believe abortion ticularly important that we cut an’s right to choose should be kept should be outlawed or prohibited or il- through the fog that surrounds this under the provisions of Roe v. Wade, as legal would vote against his amend- issue and get to the heart of it, which further elaborated in the Casey case. A ment? Is that the choice? is Roe v. Wade. vote against my amendment would say I used the word ‘‘elegant.’’ It means Mr. HARKIN. The Senator from Illi- you would be in favor of overturning simplistic, simplicity. Elegant: Not nois has stated it elegantly, very sim- Roe v. Wade and taking away a wom- convoluted, not hard to understand, ply and straightforward. That is the es- an’s fundamental right to choose. not shrouded and complex, but elegant, sence of the amendment, and the Sen- I agree with the Senator from Illi- straightforward, simple in its defini- ator is correct. Voting on the amend- nois. tion. That is Roe v. Wade. ment, which I offered, a vote in favor of In closing my remarks, knowing oth- There are now those who want to my amendment would be a vote to up- ers want to speak, the Roe decision come along and change it and make it hold Roe v. Wade and a woman’s right recognized the right of women to make complex, indecipherable, benefiting to choose. A vote against it would be a their own decisions about their repro- maybe one person one way, adding to vote to overturn Roe v. Wade and to ductive health. The decision is a pro- the detriment of another person an- take away a woman’s right to choose. foundly private, life-altering decision. other way, so that we are right back The amendment I have offered would As the Roe Court understood, without where we were before Roe v. Wade. be consistent with the amendment of- the right to make autonomous deci- So I believe very strongly that we fered by the Senator from Illinois. sions about pregnancy, a woman could need to express ourselves on this sense- Mr. DURBIN. I thank the Senator not participate freely and equally in of-the-Senate resolution. That is why I from Iowa. our society. will be asking for a rollcall vote at the A further question to the Senator I think there are some things we appropriate time because it is going to from Iowa, if he will yield. The Senator ought to be doing to prevent unin- be important for us to send a message is from a neighboring State. There are tended pregnancies and reduce abor- on how important it is to preserve a many parts of Iowa that look similar tions. We could, for example, increase woman’s fundamental right to choose to my State, particularly in downstate funding for family planning. Every under Roe v. Wade. Illinois. On this controversial issue— time we try to do that, there are those Mr. DURBIN. Will the Senator yield there are those who have heartfelt who are opposed to increasing funding for a question? strong feelings against abortion, Roe v. for family planning. We could mandate Mr. HARKIN. I am delighted to yield Wade; those who have heartfelt strong insurance coverage for contraception. for a question. feelings on the other side in support of That could help. But, no, there are Mr. DURBIN. I want to make sure it a woman’s right to choose and Roe v. those who say we shouldn’t do that ei- is clear, for those who may be fol- Wade—I have found the vast majority ther. We could have more support for lowing this debate, that the underlying of people I meet somewhere in between. contraception research. There are bill is the Santorum bill, which would It is my impression most people in those who say, no, we shouldn’t do that ban a particular procedure at any point America have concluded abortion either. And those who are opposed, by in the stage of pregnancy. should be safe and legal, but it should and large, to increasing funding for Mr. HARKIN. Right. have some restrictions. I ask the Sen- family planning and insurance cov- Mr. DURBIN. This type of approach ator from Iowa, has the Senator from erage for contraception and contracep- has been stricken, I believe, in 19 dif- Iowa had that same experience in his tion research are the same ones who ferent States as unconstitutional. State of Iowa? want to overturn Roe v. Wade or take

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12889 away a woman’s right to have a late- OCTOBER 18, 1999. I ask a page to bring me the picture term abortion in the case of grievous Hon. TRENT LOTT, back here, if I may have that. health or life-threatening situations. United States Senate, This photo is Kim Koster and her Washington, DC. husband, Dr. Barrett Koster. They are A little bit off the subject of Roe v. DEAR SENATOR LOTT: Saturday, October 23, Wade, but which I think is particularly will mark the one-year anniversary of the both friends of mine, whom I have important to point out, is that Satur- assassination of Dr. Barnett Slepian, who known for I guess about 3 or 4 years. I day, October 23, 3 days from today, will was murdered in his home in Amherst, New am going to read her letter in its en- mark the 1-year anniversary of the as- York. As you are undoubtedly aware, there tirety: sassination of Dr. Barnett Slepian, who have been five sniper attacks on U.S. and Ca- My name is Kim Koster. My husband, Dr. nadian physicians who perform abortions was murdered in his home in Amherst, Barrett Koster, and I have been married for since 1994. Each of these attacks has oc- more than seven years. We have known since NY, 1 year ago this Saturday. As most curred on or close to Canada’s Remembrance before we were married that we wanted very are aware, there have been five sniper Day, November 11. All of the victims in these much to have children. attacks on U.S. and Canadian physi- attacks were shot in their homes by a hidden To our joy, in November of 1996 we discov- cians who perform abortions since 1994. sniper who used a long-range rifle. Dr. ered that we were expecting. The news was a Each of these attacks has occurred on Slepian was killed. Three other physicians thrill, to us and to our family and friends. or close to Canada’s Remembrance were seriously wounded in these attacks. We were showered with gifts and hand-me- Federal law enforcement officials are urg- downs, new toys, books and love. Barry’s Day, November 11. ing all women’s health care providers, re- family gave us a 19th-century cradle which All of the victims in these attacks gardless of their geographic location, to be had rocked his family to sleep since before were shot in their homes by a hidden on a high state of alert and to take appro- his grandmother Sophie was born more than sniper who used a long-range rifle. Dr. priate protective precautions during the next 100 years ago. Slepian tragically was killed. Three several weeks. Security directives have been Our first ultrasound was scheduled a little other physicians were seriously wound- issued to all physicians who perform abor- more than four months into the pregnancy. tions for clinics or in their private practices, On Thursday, February 20, we saw our baby ed in these attacks. and to all individuals who have been promi- and spent five short minutes rejoicing in the I am reading a letter sent to the ma- nent on the abortion issue. new life, and then the blow fell. The radiolo- jority leader, Senator LOTT, dated Oc- Senator Lott, on behalf our physician gist informed us that he had ‘‘significant tober 18, signed by the executive direc- members, and in the interest of the public concerns’’ about the size of the baby’s head. tor of the National Abortion Federa- safety of the citizens of the US and Canada, His diagnosis was the fatal neural tube de- tion, the president of Planned Parent- we urge you to reconsider the scheduling of fect known as anencephaly, or the lack of a a floor debate on S–1692 at this time. As you brain. After four months of excitement and hood Federation of America, the execu- are aware, each time this legislation has joy, our world came crashing down around tive director of the American Medical been considered, extremely explicit, emo- us. Women’s Association, the executive di- tional, and impassioned debate has been Once the diagnosis was made, there was no rector of Medical Students for Choice, aroused. We have grave fears that the move- further medical treatment available for me the president and CEO of the Associa- ment of this bill during this particularly in our hometown, and we were referred to tion of Reproductive Health Profes- dangerous period has the potential to in- the University of Iowa Hospitals and Clinics sionals, and the executive director of flame anti-abortion violence that might re- in Iowa City. Our first OB appointment there sult in tragic consequences. was set for Monday morning. My husband Physicians for Reproductive Choice We sincerely hope that you will take the and I spent that long weekend, the longest of and Health. All of these signed the let- threats of this October—November period as our lives, doing research on anencephaly, ter to Senator LOTT spelling out what seriously as we do, and that you will use talking with family and friends, and hearing I said. The letter goes on: your considerable influence to ensure that personal stories about the fate of the Senate does not inadvertently play into anencephalic babies. Federal law enforcement officials are urg- In Iowa City, a genetics OB specialist ex- ing all women’s health care providers, re- the hands of extremists who might well be inspired to violence during this time. We amined a new ultrasound and immediately gardless of their geographic location, to be confirmed the diagnosis. An alpha-feto-pro- on a high state of alert and to take appro- urge you to halt the movement of S. 1692. Please work with us to ensure that the tein blood test and amniotic fluid sample priate protective precautions during the next only drove the truth harder home. Our fetus several weeks. Security directives have been senseless acts of violence against US citizens are not repeated in 1999. had only a rudimentary brain. There were issued to all physicians who perform abor- blood vessels, which enabled the heart to tions for clinics or in their private practices, VICKI SAPORTA, Executive Director, beat, and ganglion, which enabled basic and to all individuals who have been promi- motor function. There was no cerebellum nent on the abortion issue. National Abortion Federation. and no cerebral cortext. There was no skull Senator Lott, on behalf of our physician EILEEN MCGRATH, JD, above the eyes. members, and in the interest of the public CAE, I had been preparing for pregnancy for safety of the citizens of the US and Canada, Executive Director, more than a year with diet, exercise and pre- we urge you to reconsider the scheduling of natal vitamins, including the dose of folic American Medical a floor debate on S–1692 at this time. As you recommended to prevent neural tube defects. Women’s Associa- are aware, each time this legislation has Yet we still lost our child to one of the most tion. been considered, extremely explicit, emo- severe and lethal birth defects known. Our WAYNE SHIELDS, tional and impassioned debate has been baby had no brain—would never hear the Mo- President and CEO, aroused. zart and Bach I played for it every day on Association of Re- our great-grandmother’s piano, would never We have grave fears that the movement of productive Health look up into our eyes or snuggle close to our this bill during this particularly dangerous Professionals. hearts, would never even have an awareness period has the potential to inflame anti- GLORIA FELDT, abortion violence that might result in tragic of its own life. President, Planned On Tuesday, February 25, 1997, my husband consequences. Parenthood Federa- We sincerely hope that you will take the and I chose to end my pregnancy with a com- tion of America. mon abortion procedure known as ‘‘D and threats of this October-November period as PATRICIA ANDERSON, E.’’ As difficult as it was, I literally thank seriously as we do, and that you will use Executive Director, God that I had that option. As long as there your considerable influence to ensure that Medical Students for are families who face the devastating diag- the Senate does not inadvertently play into Choice. nosis we received, abortions must remain a the hands of extremists who might well be JODI MAGEE, safe and legal alternative. inspired to violence during this time. We Execuvite Director, In 1998, Barry and I discovered to our de- urge you to halt the movement of S. 1692. Physicians for Re- light that I was pregnant again. Although we Please work with us to ensure that the productive Choice were overjoyed, our happiness was tempered senseless acts of violence against U.S. citi- and Health. by the knowledge that we had a 1-in-25 zens are not repeated in 1999. Mr. HARKIN. Mr. President, there is chance of a second anencephalic pregnancy. I ask unanimous consent that the one other thing I want to mention. I This time, we asked our loved ones to hold full text of this letter be printed in the am going to read a letter because this off on the baby gifts, we played no Bach, and every week was a mix of excitement and un- RECORD. person is a personal friend of mine, avoidable worry. And on July 17, 1998, an There being no objection, the letter someone I have gotten to know over ultrasound revealed the worst. We had a sec- was ordered to be printed in the the years. I believe the Senator from ond anencephalic pregnancy—a second RECORD, as follows: California has a picture of Kim Koster. daughter lost to this lethal birth defect.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12890 CONGRESSIONAL RECORD — SENATE October 20, 1999 Fortunately for my medical care, the so- tough words in talking about this pro- of personhood were they formed under the called ‘‘partial birth abortion’’ bans have cedure and calling doctors who perform compulsion of the state. been vetoed by President Clinton, and my it executioners. That is the quote. I believe it is di- doctors were able to provide me with a safe, I say to my friend, in light of the rected at us. compassionate procedure that brought this poignant story he read to us, when he Mr. President, I don’t know how long second tragic pregnancy to an end. And people want to talk on this. I know the thanks to those doctors and their ability to thinks of the doctor who helped this give me that care, my recovery has been couple through a traumatic, horrific day is getting late. I ask unanimous rapid—enabling Barry and I to plan to try experience twice, what are his feelings consent that we have 30 minutes equal- again. about the doctor who performed that ly divided before we have an up-or- But if this bill becomes law, we would not particular procedure? down vote on this amendment. be able to do so. For the chances of our hav- Mr. HARKIN. I am sorry if someone The PRESIDING OFFICER. Is there ing a third anencephalic pregnancy are all referred to them as executioners. That, objection? the way up to 1 in 4, and this bill would ban I think, is totally inappropriate and in- Mr. SANTORUM. I object. any procedures that would help us. It would The PRESIDING OFFICER. Objec- force me to carry another doomed child flammatory and could lead to tragic consequences in our country. tion is heard. through all nine months. That idea is far Mr. HARKIN. Mr. President, I ask more horrifying than all the unreal anti- I don’t know the doctors who helped choice rhetoric that can be manufactured, Kim Koster. But from talking to her, unanimous consent that we have 60 for the reality is that this is a terrible law, they were sensitive. They are doctors minutes equally divided before a vote. Mr. SANTORUM. I will be happy to a grievous interference between doctor and who wanted Kim and her husband to work out—reserving the right to ob- patient, and would only compound the trag- know every facet of what was hap- edy and heartache faced by families like us. ject—a time arrangement once people pening and wanted them to make their Please protect the health of women and on our side want to proceed. But at this own decision. They are doctors who families like mine, and reject S. 1692. point I have to object. We would be have a lot of compassion and profes- There is nothing one can add to that. happy to work something out. Right sionalism and, under the legal frame- S. 1692 would say that the Kim Kosters now, I just can’t do that. in families across the country that we work, were able to help this couple get Mr. HARKIN. I yield the floor. legislators—I am not a doctor, I am not through a very bad time and enabled The PRESIDING OFFICER. The Sen- a theologian, I am not a psychiatrist or them to move on with their lives and ator from Pennsylvania. a psychologist; but the bill proposed by to plan on another child. Mr. SANTORUM. Thank you, Mr. the Senator from Pennsylvania would If that had not been there—if we had President. say that we know more than all of taken Roe v. Wade away or if we had I am not going to debate the Harkin them, that we stand in the judgment adopted S. 1692—I don’t know what amendment. The Harkin amendment seat of the Mrs. Kosters: We are going would have happened to Kim Koster has nothing to do with the bill that is to decide for you. and her husband or whether they would before us. The bill that is before us, as Attorneys? I am an attorney. Maybe be here today planning to try again to I have said over and over again, and I some of us are teachers, I don’t know. raise a family. will say it again, is not about Roe v. Maybe some are social workers or busi- I say to my colleague from California Wade. One of the reasons we believe ness people. There are a variety of dif- that I believe Kim Koster is an ex- this bill is getting bipartisan support, ferent people here on the floor of the tremely brave individual. In fact, I as well as supporters on both sides of Senate. But somehow we get to tell would say to anyone who wants to talk the abortion issue, is that it is outside you: Mrs. Koster, you and your hus- to her about what happened to her, she the realm of Roe v. Wade. band have no right to decide. We are is out in the reception room right now. I remind everyone that this is a baby going to do it for you. Our decision is, She would be glad to tell them why it in the process of being born. This is a no matter what—even under these ter- is important to not only adhere to Roe baby who is almost outside of the rible circumstances—you are going to v. Wade but to defeat S. 1692 that would mother except for 3 inches. have to carry that to term and bear the have taken away her reproductive Again, I repeat that in Roe v. Wade, consequences of that. Maybe there are rights and under very tragic cir- the original decision, which the Sen- some in this body who want to sit in cumstances. ator from Iowa was referring to, the that kind of judgment seat. Count me Mrs. BOXER. Mr. President, I ask my Court let stand a Texas law that said out. Count me out. I leave these deci- friend a final question. Will my friend you cannot kill a baby in the process of sions to Kim and her husband, to her be willing to read one more time, if he being born. doctor, to her own faith, to her own re- can find it, the statement that was Again, we can have a vote on this. ligion to make those very profound, made by Justices O’Connor, Kennedy, But we might as well be having a vote anxiety-producing, soul-wrenching de- and Souter, all Justices appointed or another vote on the chemical weap- cisions. That is why I have fought for under a Republican President, when ons treaty. It is as related. This is not this amendment—to state loudly and they made their statement on Casey the subject. It is a completely different clearly that Roe v. Wade gave women because I really hope colleagues will subject. If they want to have a vote on that right and we don’t want it over- listen to this. I think if they listen to it, obviously the Senator has the right turned. it, they will vote for my friend’s to offer an amendment. That is within I yield the floor. amendment to reaffirm Roe v. Wade the rights here in the Senate, and I cer- Mrs. BOXER. Mr. President, will my and will also be against the Santorum tainly will stand by his right to offer friend hold the floor for a moment so I underlying bill. that. may ask him a question? If my friend would repeat that, I But to suggest somehow that the un- The PRESIDING OFFICER. Does the would greatly appreciate it. derlying bill is an assault on Roe v. Senator from Iowa yield the floor? Mr. HARKIN. I thank my friend from Wade is again proof positive that when Mr. HARKIN. I yield for a question. I California because I believe this state- it comes to the real factual debate on didn’t realize. I apologize. ment by Justices O’Connor, Kennedy, what this procedure does, the response Mrs. BOXER. Thank you very much. and Souter is really aimed at us. They is: Well, let’s change the subject. I say to my friend that I thank him are aiming it at legislators who some- I don’t want to change the subject. for sharing the story on the floor of the how sit in judgment—legislators who Let’s focus in on the facts. The facts Senate. He has the photo of Kim and would put themselves in the position of are not anecdotes from people who her husband up there. He read the story defining for women what their repro- aren’t physicians about what happened into the RECORD. I think it is very ap- ductive rights are. Here is the quote: to them. What happened in these cases propriate that the Senator from Iowa At the heart of liberty— you see and the pictures you see—I al- do so because this is a couple whom he At the heart of liberty— ways believe, if you argue the facts, knows. is the right to define one’s own concept of argue the facts; if you can’t argue the I am, in a way, happy that my friend existence, of meaning, of the universe, and of facts, argue the law; if you can’t argue was not on the floor when the Senator the mystery of human life. Beliefs about the law, then appeal to the senti- from Pennsylvania used some very these matters could not define the attributes mentality or emotion of the situation.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12891 That is what this is. These are hor- studies published that prove it does not neg- nancies which, they say, made the partial- rible situations, tragic situations, of atively affect a woman’s capability of suc- birth abortion procedure their only medical pregnancies that have gone awry late cessfully carrying a pregnancy to term in option to protect their health and future fer- in pregnancy. I sympathize with these the future. Ms. Stella may have been told tility. this procedure was necessary and safe, but But based on what Ms. Costello has pub- people more than you know, to have she was sorely misinformed. licly said so far, her abortion was not, in something such as this happen for a 2. Diabetes is a chronic medical condition fact, medically necessary. child that you want desperately. I that tends to get worse over time and that In addition to appearing with the Presi- know the difficult decisions they have predisposes individuals to infections that can dent at the veto ceremony, Ms. Costello has to make. I know what doctors tell you be harder to treat. If Ms. Stella was advised twice recounted her story in testimony be- and how they influence your decision. to have an abortion most likely this was sec- fore both the House and Senate; the New But the fact of the matter is, we ondary to the fact that her child was diag- York Times published an op-ed by Ms. Cos- tello based on this testimony; she was fea- can’t in a legislative forum dealing nosed with conditions that were incompat- ible with life. The fact that Ms. Stella is a tured in a full page ad in the Washington with such an important issue deal with Post sponsored by several abortion advocacy emotional stories as powerful as they diabetic, coupled with the fact that diabetics are prone to infection and the partial-birth groups; and, most recently (7/9/96) she has re- are unless we look at the facts under- abortion procedure requires manipulating a counted her story for a ‘‘Dear Colleague’’ let- lying those stories. The facts under- normally contaminated vagina over a course ter being circulated to House members by lying those stories are very clear. of three days (a technique that invites infec- Rep. Peter Deutsch (FL). Unless she were to decide otherwise, Ms. I ask unanimous consent to have tion) medically I would contend of all the Costello’s full medical records remain, of printed in the RECORD letters from the abortion techniques currently available to course, unavailable to the public, being a her this was the worse one that could have Physicians’ Ad Hoc Coalition for matter between her and her doctors. How- been recommended for her. The others are Truth—fact—about two cases discussed ever, Ms. Costello has voluntarily chosen to quicker, cheaper and do not place a diabetic by the Senator from Illinois where share significant parts of her very tragic at such extreme risks for life-threatening in- they talk about how this was the only story with the general public and in very fections. option available, or this saved our life, 3. Partial-birth abortion is, in fact, a pub- highly visible venues. Based on what Ms. or our future fertility, et cetera. Again, lic health hazard in regards to women’s Costello has revealed of the medical his- letters from this Physicians’ Ad Hoc health in that one employs techniques that tory—of her own record and for the stated Coalition for Truth. One is from Pam- have been demonstrated in the scientific lit- purpose of defeating the Partial-Birth Abor- erature to place women at increased risks for tion Ban Act—doctors with PHACT can only ela Smith, a director of medical edu- conclude that Ms. Costello and others who cation of the Department of Obstetrics uterine rupture, infection, hemorrhage, in- ability to carry pregnancies to term in the have publicly acknowledged undergoing this and Gynecology at Mount Sinai Med- procedure ‘‘are honest women who were ical Center in Chicago, about the case future and material death. Such risks have even been acknowledged by abortion pro- sadly misinformed and whose decision to of Vicki Stella and the case of Coreen viders such as Dr. Warren Hern. have a partial-birth abortion was based on a Costello, another letter from the Phy- 4. Dr. C. Everett Koop, the former Surgeon great deal of misinformation’’ (Dr. Joseph sicians’ Ad Hoc Coalition for Truth. General, recently stated in the AMA News DeCook, Ob/Gyn, PHACT Congressional I ask unanimous consent to have that he believes that people, including the Briefing, 7/4/96). Ms. Costello’s experience does not change the reality that a partial those printed in the RECORD. President, have been misled as to ‘‘fact and There being no objection, the mate- fiction’’ in regards to third trimester preg- birth abortion is never medically indicated— nancy terminations. He said, and I quote, ‘‘in in fact, there are available several alter- rial was ordered to be printed in the native, standard medical procedures to treat RECORD, as follows: no way can I twist my mind to see that the late term abortion described...is a med- women confronting unfortunate situations PHYSICIANS’ AD HOC ical necessity for the mother...I am op- like Ms. Costello had to face. The following analysis is based on Ms. COALITION FOR TRUTH, posed to partial-birth abortions.’’ He later Costello’s public statements regarding Alexandria, VA, September 23, 1996. went on to describe a baby that he operated DEAR MEMBER OF CONGRESS: My name is events leading up to her abortion performed on who had some of the anomalies that ba- Dr. Pamela E. Smith. I am a founding mem- by the late Dr. James McMahon. This anal- bies of women who have partial-birth abor- ber of PHACT (Physicians’ Ad-hoc Coalition ysis was done by Dr. Curtis Cook, a tions had. His particular patient, however, for Truth). This coalition of over three hun- perinatologist with the Michigan State Col- went on to become the head nurse in his in- dred medical providers nationwide (which is lege of Human Medicine and member of tensive care unit years later! open to everyone, irrespective of their polit- PHACT. I realize that abortion continues to be an ical stance on abortion) was specifically ‘‘Ms. Costello’s child suffered from at least extremely divisive issue in our society. How- formed to educate the public, as well as two conditions: ‘polyhydramnios secondary ever, when considering public policy on such those involved in government, in regards to to abnormal fetal swallowing,’ and ‘hydro- a matter that indeed has medical dimen- disseminating medical facts as they relate to cephalus’. In the first, the child could not sions, it is of the utmost importance that de- the Partial-Birth Abortion procedure. swallow the amniotic fluid, and an excess of In this regard, it has come to my attention cisions are based on facts as well as emotions the fluid therefore collected in the mother’s that an individual (Ms. Vicki Stella, a dia- and feelings. Banning this dangerous tech- uterus. The second condition, hydrocephalus, betic) who underwent this procedure, who is nique will not infringe on a woman’s ability is one that causes an excessive amount of not medically trained, has appeared on tele- to obtain an abortion in the early stage of fluid to accumulate in the fetal head. Be- vision and in Roll Call proclaiming that it pregnancy or if a pregnancy truly needs to cause of the swallowing defect, the child’s was necessary for her to have this particular be ended to preserve the life or health of the lungs were not properly stimulated, and an form of abortion to enable her to bear chil- mother. What a ban will do is insure that underdevelopment of the lungs would likely dren in the future. In response to these women will not have their lives jeopardized be the cause of death if abortion had not in- claims I would invite you to note the fol- when they seek an abortion procedure. tervened. The child had no significant lowing: Thank you for your time and consider- chance of survival, but also would not likely 1. Although Ms. Stella proclaims this pro- ation. die as soon as the umbilical cord was cut. cedure was the only thing that could be done Sincerely, The usual treatment for removing the to preserve her fertility,the fact of the mat- PAMELA SMITH, M.D., large amount of fluid in the uterus is a pro- ter is that the standard of care that is used Director of Medical Education, Department cedure called amniocentesis. The usual by medical personnel to terminate a preg- of Obstetrics and Gynecology, Mt. Sinai treatment for draining excess fluid from the nancy in its later stages does not include Medical Center, Chicago, IL, Member, As- fetal head is a procedure called partial-birth abortion. Cesarean section, in- sociation of Professors of Obstetrics and cephalocentesis. In both cases the excess ducing labor with pitocin or protoglandins, Gynecology. fluid is drained by using a thin needle that or (if the baby has excess fluid in the head as can be placed inside the womb through the I believe was the case with Ms. Stella) drain- THE CASE OF COREEN COSTELLO—PARTIAL- abdomen (‘‘transabdominally’’—the pre- ing the fluid from the baby’s head to allow a BIRTH ABORTION WAS NOT A MEDICAL NECES- ferred route) or through the vagina normal delivery are all techniques taught SITY FOR THE MOST VISIBLE ‘‘PERSONAL (‘‘transvaginally.’’) The transvaginal ap- and used by obstetrical providers throughout CASE’’ PROPONENT OF PROCEDURE proach however, as performed by Dr. McMa- this country. These are techniques for which Coreen Costello is one of five women who hon on Ms. Costello, puts the woman at an we have safety statistics in regards to their appeared with President Clinton when he ve- increased risk of infection because of the impact on the health of both the woman and toed the Partial-Birth Abortion Ban Act (4/ non-sterile environment of the vagina. Dr. the child. In contrast, there are no safety 10/96). She has probably been the most active McMahon used this approach most likely be- statistics on partial-birth abortion, no ref- and the most visible of those women who cause he had no significant expertise in ob- erence of this technique on the national li- have chosen to share with the public the stetrics and gynecology. In other words, he brary of medicine database, and no long term very tragic circumstances of their preg- may not have been able to do it well

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12892 CONGRESSIONAL RECORD — SENATE October 20, 1999 transabdominally—the standard method It is not taught in medical schools. It saying it is necessary to protect the used by ob/gyns—because that takes a degree is not performed in hospitals. It is only health of the mother. Yet they give no of expertise he did not possess. After the performed at abortion clinics. Again, example, give no example as to when fluid has been drained, and the head de- this is a rogue procedure. this, in fact, would be preferable. creased in size, labor would be induced and We have a thorough smokescreen, attempts made to deliver the child They present case after case, as if vaginally. this is some wonderful creation of med- anecdotes with many of the cases hav- Ms. Costello’s statement that she was un- ical science by some genius in obstet- ing nothing to do with partial-birth able to have a vaginal delivery, or, as she rics. I remind Members the person who abortions; those that did, argued by called it, ‘natural birth or an induced labor,’ created this procedure is not an obste- hundreds of physicians as being bad is contradicted by the fact that she did in- trician, much less a specialist in practice of medicine, were an improper deed have a vaginal delivery, conducted by perinatology or difficult pregnancies. course of conduct. Then we have the Dr. McMahon. What Ms. Costello had was a It is a family practitioner who only only scientific group that says it is breech vaginal delivery for purposes of never medically necessary, never the aborting the child, however, as opposed to a does abortions. Again, I stress over and over again only option, only that it ‘‘may be’’ the vaginal delivery intended to result in a live best thing. Yet they give no example birth. A cesarean section in this case would what seems to be the compassionate not be medically indicated—not because of argument is a smokescreen. It is a and after repeated inquiry are still giv- any inherent danger—but because the baby smokescreen. It is not true. There is no ing no examples. Again, we come back to the health could be safely delivered vaginally.’’ compassion in allowing a procedure Given these medical realities, the partial- question. There is a dearth of evidence that is dangerous to the health of the birth abortion procedure can in no way be to support the position. considered the standard, medically necessary woman to be continued any more than I am hopeful the Senator from Iowa or appropriate procedure appropriate to ad- it is compassionate to prescribe any can debate his amendment, saying dress the medical complications described by kind of medical treatment that is inap- somehow this is important vis-a-vis Ms. Costello or any of the other women who propriate. We have an overwhelming Roe v. Wade. I argue the opposite. This were tragically misled into believing they body of evidence saying it is bad medi- legislation has nothing to do with Roe had no other options.’’ cine; it is inappropriate. v. Wade. I think when we are looking Mr. SANTORUM. They clearly state On the other side we have two things: at specific amendments to deal with this was not medically necessary; this, One, stories, stories that turned out that issue, the constitutional issue of in fact, was not in the best interests of OK. In other words, the procedure was vagueness—again, that is not nec- the patient in this case; and this was, used—not in all cases; sometimes some essarily a Roe v. Wade issue, although in fact, not good medicine. of the people brought up in stories ac- it gets into the issue of undue burden. Did it have a good result? Yes, it did tually didn’t have the procedure, and From my point of view, if we can tailor in the sense the health of the women even those who did may have resulted that definition narrowly to make sure was not jeopardized. That does not in a good outcome—but it wasn’t the we are talking about partial-birth mean there is a good result. It was the proper course according to the over- abortion, it leaves open other methods best practice. A lot of things are done whelming body of evidence. of abortion to be used. It gets to the that turn out OK that may not have The only thing counter, as far as fac- counterargument some have suggested, been the best thing to do. I think that tual comments by physicians, is the that all we are doing is trying to out- is what we are saying. More impor- American College of Obstetricians and law abortion, trying to restrict a wom- tantly, it is not medically necessary. Gynecologists. The pillar upon which an’s right. In fact, it is medically more dangerous. they rest the health-of-the-mother ex- No. All we are doing is, for gosh A group that said it ‘‘may be’’ nec- ception, the select panel they put to- sakes, drawing a line about who is pro- essary, the American College of Obste- gether says they: tected. When a baby is 3 inches from tricians and Gynecologists, 3 years ago . . . could identify no circumstances under being completely born, that is too said: Clearly, it is not the only option. which this procedure would be the only op- close. That is too close. We are going The proponents of partial-birth abor- tion to save the life or preserve the health of to get into a whole lot of issues when tion are saying it is medically nec- the woman. we start drawing lines. In fact, we have essary. They want to keep this option It is not the only option. It is not the gotten into a lot of issues with respect open. If they don’t, it is a violation of only option. to drawing the line. Now we are talk- Roe v. Wade. From the Wisconsin case that upheld ing about assisted suicide. We talk They stand behind anecdotes. In the Wisconsin statute, quoting the about quality of life instead of life some cases, including the Viki Wilson judges: itself. case that Senator DURBIN brought up, Haskell, who invented the procedure, As the Senator from California said, it is clear from her testimony she did admitted that the D&X procedure is we want everyone to be wanted. What not have a partial-birth abortion. She never medically necessary to save the if everyone isn’t wanted? Is that li- says in her testimony the baby was life or preserve the health of the cense to get rid of them? It certainly is dead inside of her womb and then the woman. if you are in the womb. Now we are baby was delivered. If the baby dies in- We have the person who invented it suggesting it certainly is if you are side the womb, it is outside the defini- saying it is not medically necessary. just outside the womb; it certainly is if tion of the bill. The definition of the ACOG goes further and talks about you are within 3 inches of being born. bill says a living baby is born. The whether it is preferable in some cases. If you are not wanted, too bad. If we baby was not living. Here is what they say: draw the line that close, it is not a I don’t want to pick apart the very An intact D&X [partial-birth abortion] very long way to go to get where our tragic stories and make a very difficult however, may be the best or most appro- new theologian at Princeton Univer- situation even more difficult for these priate procedure in a particular cir- sity, Dr. Singer, is coming from. He people because I understand the pain cumstance to save the life or preserve the suggested that it is, in fact, the moral they have gone through. Our job is to health of a woman, and only the doctor, in thing to do; that once the baby is born, not be clouded by personal anguish and consultation with the patient, based upon if we don’t like it, to kill it. tragic circumstances. Ours is to look the woman’s particular circumstances, can One might suggest this is outrageous; at the underlying facts of what hap- make this decision. this could never happen in America. pened and what can happen in the fu- We have asked them to identify one This is a professor at Princeton, whose ture. of these circumstances. Give an exam- works, unfortunately, have been pub- Again, we have over 600 obstetricians ple. They cannot say this may be the lished in the popular press and hun- and gynecologists, specialists in best thing for the health and life of the dreds of thousands of copies of this rad- perinatology, who say this is never mother, may be preferable, and yet ical—I would consider it radical but on medically necessary. The AMA says it give no situation which can be re- this floor maybe it is not radical. is never medically necessary and is bad viewed by the medical community. Maybe killing a baby after it is born, if medicine. It is not a peer review proce- That is what we have to base the judg- it is not a healthy baby, is not a rad- dure. It is not in the medical textbook. ment on. The medical community is ical thing anymore. Certainly killing a

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12893 baby who is 3 inches from being born is v. Wade amendment to show we don’t evidence has ever been put before the not a radical thing anymore, so I don’t have a slippery slope. No problem. Senate. know where 3 inches—maybe that does Let’s have a vote. Yet there are people who will stand not make any difference. If you do not But allowing a baby who is almost here and say, ‘‘We need it, we need it to like what you have, then you can sort born to be killed, that is not a slippery protect the health of the mother,’’ of exchange it. slope? The Senator from California—we when there is not a shred of evidence, But that is where we are. Someone were talking about what if the foot or not a shred of evidence before the Sen- suggests: Senator, this is outrageous. the leg were the part not born, would it ate, these stories aside. There is not a How can you make the comment that be OK to kill the baby? I have the tran- shred of evidence that suggests these once a baby is born you can kill it? script, by the way. I asked that ques- stories, or all the other instances that I am not making that argument. But tion. I will read it: have been brought up, were the most Dr. Singer is, and there are those who What you are suggesting— safe or there were not things as safe that could be used in place of a proce- follow him. There will be judges who This is me talking. dure that is infanticide. What we are follow him. There will be judges who What you are suggesting is if the baby’s say the mother was distraught and she hoping is we can get to that discussion. toe is inside the mother you can, in fact, kill I understand the process now; we killed her baby, but it is sort of nor- that baby. mal. If the baby was not perfect, it is Mrs. Boxer. Absolutely not. want to play some games on Roe v. probably better—we are probably all So she said if the toe or foot is inside Wade. But that is not the issue before better off. the baby, you can’t kill the baby. But us. I cannot reiterate that enough. The But what is the rationale given for if the head is, you can. No slippery issue before us is should this procedure remain legal. And it should be over- partial-birth abortion, as extreme as slope there, is there? No problems with turned. It should not remain legal. that sounds, that Dr. Singer is pro- a bright line there, is there? It does not surprise me we are seeing posing? What is the rationale for par- We are headed down a very dangerous smokescreens. This is the Roe v. Wade tial-birth abortion? Why do we need to path if we start differentiating between smokescreen. We have the anecdote keep it legal? Because we have preg- what body part is outside the mother smokescreen. We can get the charts up nancies that have gone awry and these and what is inside the mother, as to about the previous attempts by sup- babies, they are not perfect. They whether an abortion is legal or not. porters of this procedure. They have might not live long. They may have The reason we have trouble differen- tried case after case to misinform the cleft palate—in fact, yes, many partial- tiating is because this is not about Senate. The advocates of this legisla- birth abortions were performed because abortion. This is about killing a baby. tion, the abortion rights groups, have the babies had cleft palate and mom It is in the process of being born that deliberately—and this is according to and dad just didn’t want the baby be- under Roe v. Wade was protected. The their own people now who have come cause it was not perfect. Texas law was not stricken under Roe clean—deliberately misled the Con- So we have gotten to the point where v. Wade that said you couldn’t kill a gress, deliberately lied, as Ron Fitz- the defenders of partial-birth abortion baby in the process of being born. are defending it on the basis that Under Roe v. Wade, the seminal deci- simmons, who is a lobbyist for a great things go bad in pregnancy and these sion of the right of privacy, even that number, if not all, of the abortion clin- children just do not deserve our protec- Court understood that once the baby is ics in America, said that he lied tion because they are not normal like in the process of being born you should through his teeth and that the industry you and me. They should be given less not be able to kill it. That is what we lied through their teeth. Now after lie after lie—and I will go rights. Because of their imperfections, are saying. We are not restricting the through all the lies—after lie after lie, they should be allowed—why would you right of Roe v. Wade. Roe v. Wade ruled they now are going to come up with bring a baby into this world who is on this by not striking that law down. new stories and say: Well, no, believe going to die? Kill it first before it has So fine, we are going to have a vote us now; OK, yes, we may have lied to a chance to die. That is the argument. on Roe v. Wade. Fine, have a vote on you before, but believe us, health is It sounds rough. Let’s cut to the chase. Roe v. Wade. But this is not about Roe really an issue. That is exactly what they are saying. v. Wade. This is about infanticide. A There is not one shred of substantive All we are suggesting is, first off, we lot of folks want to try to change the evidence to support that claim—not do not stop you from doing that. This subject. They want to talk about these one shred of substantive evidence. And bill does not stop anyone who wants to difficult cases. yet, a group of people that has come to have a late-term abortion from having Again, there is no one in this Cham- the Congress in opposition to this bill, it. If you want to have a late-term ber who sympathizes as much with they have lied in at least six cases, abortion, you can have a late-term these men and women, mothers and fa- and, after those, we are now supposed abortion if this bill we propose passes. thers, who dealt with a pregnancy gone to believe them when they have no evi- All we say is, don’t have the baby out- awry. It is incredibly painful to have dence to support what they are assert- side the mother, don’t have the baby 3 that hit your family. I hesitate to talk ing. inches away from the protection of the about it because I know how painful it What are they? The National Abor- Constitution, and then brutally exe- is to revisit them. But they have tion Federation called illustrations of cute the baby. That is just too close. brought their situation into the public the partial-birth abortion procedure That creates this nebulous area that square to prove a point. The problem ‘‘highly imaginative and artistically the Dr. Singers of this world will glad- is, it does not prove the point. designed, but with little relationship to ly fill in. Because if we say 3 inches, Again and again there is no medical the truth or to medicine.’’ then why not 3 inches later? What is reason. It is never medically necessary You heard the Senator from Cali- the big deal? If the baby is not wanted, to do this procedure. So I hope we can fornia talk about the cartoons that the baby is not wanted. get to the facts, that we can stay away showed how a partial-birth abortion is Many listening to this will say that from anecdotes that are inapplicable or done, and proponents of the procedure is a ridiculous argument. There is no not relevant; and we can get to, hope- argued early on: These are cartoons; such slippery slope. Although, by the fully, from the other side, a factual dis- they are not factual; they have nothing way, the people who oppose these often cussion as to when this is medically to do with how the procedure actually themselves provide a slippery slope ar- necessary. Once I would like to see a works, until Dr. Haskell publicly de- gument. Certainly they do here. They peer-reviewed document where every- scribed this procedure at the National say, if you restrict this right in abor- one examined the case and someone Abortion Federation meeting on Sep- tion, it is a slippery slope; we are going will say: You know what, there is a sit- tember 1992. Dr. Haskell told the AMA to get rid of Roe v. Wade completely. uation where this is medically nec- News the drawings depicting partial- That is why we have this amendment, essary, where no other option is as safe birth abortion were accurate ‘‘from a to get at the Roe v. Wade amendment, or safer. technical point of view.’’ Strike 1. to make sure we are not providing the To date, that has not occurred. Let Argument 1: This does not occur; this slippery slope. Fine. Let’s have a Roe me underline that. To date, no such thing is not factually correct; this is

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12894 CONGRESSIONAL RECORD — SENATE October 20, 1999 not how partial-birth abortions are Again we have Dr. Haskell, who is of this because I know they care deeply done; you are wrong. Strike 1. another one of these abortion pro- about this issue, will call around some By the way, they went even farther viders—Dr. McMahon is one and Dr. of their communities and find out what than that. Many of them argued this Haskell; they are the two who do the the Bergen County Record did in New did not exist. First they said this is most in the country—who says: Let’s Jersey. just a cartoon, these things do not hap- talk about whether or not the fetus is What did they find out? That at least pen at all, much less the drawings, but dead beforehand. 1,500 partial-birth abortions are per- Dr. Haskell straightened them out. Haskell says: No, it’s not. No, it’s formed each year, three times the na- Believe it or not, people actually really not. tional rate at one clinic in northern came to committee meetings in the That is pretty clear. Again, people New Jersey. Capitol and suggested the anesthesia fighting this bill are putting informa- Mr. SMITH of New Hampshire. Would that is given to the woman during this tion out that is not true. Why? To try the Senator yield for a question? procedure ensures the fetus feels no to get support for this position. Mr. SANTORUM. I am happy to yield pain; in other words, it passes through Fourth: Partial-birth abortion is a to the Senator from New Hampshire. and assures us the fetus does not feel rare procedure. Mr. SMITH of New Hampshire. I ask any pain during this procedure. We had this debate the first time. We the Senator if he is aware, during the Again, this is Dr. James McMahon, are in a very difficult situation because time a few years ago when I stood on who is one of the originators of this we have to rely upon the information the floor and debated this issue, as procedure: of the abortion industry. When Senator well, that there were a number of peo- The fetus feels no pain through the entire SMITH, who is here, argued this debate ple who said this was only happening a series of the procedures. This is because the 4 years ago, he had to deal with a deck few times a year; some said as few as 15 mother is given narcotic analgesia at a dose that was stacked against him. He did or 20 times a year; some said, well, based upon her weight. The narcotic is not have the information we have maybe it happened a couple hundred passed, via the placenta, directly into the times a year, that it was the exception fetal bloodstream. Due to the enormous today. weight difference, a medical coma is induced The organizations out there were rather than the rule; it was usually in the fetus. There is a neurological fetal de- saying—there were just a couple hun- when there was an anomaly? mise. There is never a live birth. dred of these—it was very rare, only Is the Senator also aware, we began That was testimony before Congress done on babies who were sick and to receive testimony from inside the under oath. When this happened, the mothers whose health was in jeopardy abortion industry itself, which indi- American Society of Anesthesiologists or life was in jeopardy, but this was a cated—from those who had performed went bananas. Why? Again, having very rare procedure. them—that this, indeed, was not the gone through six births, one of the op- This is the Alan Guttmacher Insti- case, that we found that in about 80 tions available to women during child- tute, Planned Parenthood, National Or- percent of the cases, if not more, the birth is to receive a narcotic to help ganization of Women, Zero Population child was perfectly healthy? So the with the pain. Women were justifiably Growth, Population Action Inter- idea that these were performed in only very nervous about receiving a nar- national, National Abortion Federa- a few cases, when the child was in a so- cotic for pain that would kill their tion, and a whole list of other organiza- called anomaly, if you will, is clearly baby. One of the pain management pro- tions that wrote to Congress saying: untrue. I would also ask the Senator from cedures during childbirth is, in fact, This surgical procedure is used only in rare the giving of a pain killer, a narcotic. cases, fewer than 500 per year. It is most Pennsylvania, is he aware that there is Immediately we got response from often performed in the cases of wanted preg- numerous medical testimony, much them and this letter later on: nancies gone tragically wrong, when a fam- medical testimony to the effect of how ily learns late in the pregnancy of severe In my medical judgment, it would be nec- one partially delivers a child, and then fetal anomalies or a medical condition that essary in order to achieve neurological de- restrains the child from exiting the threatens the pregnant woman’s life or mise of the fetus in a partial-birth abortion birth canal? And how does that, in fact, health. to anesthetize the mother to such a degree help the safety, the health, or even to as to place her own health in serious jeop- Lie. What is the truth? We have two promote the life of the mother? Is the ardy. sources outside of the industry. By the Senator also aware that on numerous The community of experts responded way, we still do not know the truth. We occasions doctors have said, it doesn’t? saying this is not true; you would have do not know the truth because the As a matter of fact, I wondered if the to give so much in the way of nar- folks who provide us with the statistics Senator was aware that when Presi- cotics, you could jeopardize the life of on partial-birth abortions are the very dent Clinton had several women down the mother, which is certainly some- organizations that oppose the bill. How at the White House a short time ago thing I am sure no one on either side would you like to go into a courtroom after one of these override votes that would like to do. and argue with a set of facts that is he is so good at, he also indicated that Lie No. 2: The baby does not feel any given to you by your opponents? That these were people who had ‘‘needed’’ pain. The fact is that after 20 weeks, is what we have to do here right now. these for their own health. Then we babies have developed nervous systems; Most of what we have to deal with found one particular case of a woman they feel pain. In fact, some have sug- certainly on this issue—the numbers— by the name of Claudia Ades, who ap- gested because their nervous system is, we have to take from people who vehe- peared by telephone on a radio show in in fact, not in a full developmental mently oppose this bill. which she said during the course of the state, they feel increased pain as a re- We have one source of independent show: ‘‘This procedure was not per- sult of this procedure. As described by judgment. Our crack news staff on the formed in order to save my life. This Nurse Brenda Shafer when she wit- Hill of which—let me look up in the procedure was totally elective. This is nessed a partial-birth abortion, when news gallery: Gee, nobody is up there. considered an elective procedure, as that scissor was plunged into the base Our crack news staff on the Hill, whom were the procedures of all the other of the skull, when those scissors were we have challenged time and time women who were at the White House rammed into the base of that skull, the again to get the facts, why don’t you veto ceremony.’’ baby’s arms and legs shot out, similar ask a few abortion clinics how many of So I think the Senator would prob- to if you held a little baby and the these they do. A couple of people have. ably agree with me that this was or- baby thought it was going to fall; it I know a reporter for the Baltimore chestrated and used to promote this would spasm out, and then the baby’s Sun did. Do you know what the abor- terrible procedure which, as the Sen- arms fell limp and legs fell limp. tion clinics said in Baltimore? ‘‘None ator has so eloquently described, is in- Again, in October of 1995, during this of your business; none of your business. fanticide, is the killing of children. period of time after McMahon’s testi- We don’t have to tell you.’’ And to think that somehow you are mony, ‘‘the fetus dies of an overdose of Maybe some other crack staff, who basically coming to the conclusion anesthesia given to the mother intra- really, I am sure, in their heart of that this is OK, based on the part of venously.’’ hearts, want to get down to the bottom the child that is outside of the birth

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12895 canal. I did not hear whether the Sen- ference? It is just a couple of inches. on the floor of the Senate, case after ator pointed this out, but is the Sen- We will be back someday. If we keep case after case after case of this. ator aware that if you were to turn the this procedure legal, we will be back But what did Ron Fitzsimmons say: child around, and the head would exit someday. We will be back someday ar- What the abortion rights supporters failed first, that would be illegal under the guing whether that 3 inches really to acknowledge [the people on this floor] is law? That child could not be killed in means anything. It is an artificial line. that the vast majority of these abortions are this way. Yet 90 percent of the child is That will be the argument. Come on. performed in the 20-plus week range on still inside the mother’s body. ‘‘What is the difference because it is 3 healthy fetuses and healthy mothers. The abortion rights folks know it, the anti-abor- So it is an outrageous procedure. I inches if the baby is really deformed? tion folks know it, and so, probably does ev- want to compliment him for his leader- Let it die. Kill it. Put it out of its mis- eryone else. ship and look forward to joining him a ery. This baby is going to die anyway.’’ Would you please inform the rest of little later on in the debate. The arguments you are hearing this the Senate, Mr. Fitzsimmons, so they Mr. SANTORUM. I thank the Senator very day about children who are not can begin to discuss the facts of this from New Hampshire. The Senator wanted because they are not perfect, in case, not the smoke and the mirrors of from New Hampshire is someone who our eyes—I know whose eyes they are this legislation. I guarantee my col- deserves a tremendous amount of cred- very perfect in. In the eyes that matter leagues, we will have clouds and clouds it for his courage in coming to the most in this; they are perfect little of smoke hovering over this Chamber floor 4 years ago, offering this bill, children. But to those on the Senate over the next 2 days in an attempt to fighting for this, and beginning the floor who argue that because of their obfuscate what really is going on. battle in the Senate. And he continues imperfection we have to keep this Lie No. 6: Partial-birth abortion pro- to be a stalwart supporter and someone legal, so we can dispose of unwanted, tects a woman’s health. who deserves a lot of credit for the imperfect children—3 inches from legal I understand the desire to eliminate the movement that has occurred already. protection—folks, when the issue is 3 use of a procedure that appears inhumane I will finish my charts, and that is, inches, it might as well be 1 inch or but to eliminate it without taking into con- again, getting back to where this abor- half an inch and eventually it is no sideration the rare and tragic circumstances tion procedure is ‘‘rare.’’ Ron Fitz- inches because the 3-inch line is the in which its use may be necessary would be simmons on ‘‘Nightline,’’ in 1997, said Maginot Line. It will be blown through even more inhumane. that between 3,000 and 5,000 partial- at some point when it suits the major- The argument that this protects a birth abortions could be performed an- ity of Americans that they do not want woman’s health. nually. They say they didn’t even know to be bothered with this burden—with President Clinton, again, veto mes- because, again, they do not get re- this burden. ‘‘It would be better off for sage of 1997: ports—at least we are told they do not this child,’’ I am sure the argument H.R. 1122 does not contain an exception to get reports as to how many of these will be, ‘‘that we let this baby die or we the measure’s ban that will adequately pro- late-term abortions are done in this kill this baby. Why let it suffer?’’ That tect the lives and health of a small group of manner. is the argument now—3 inches from women in tragic circumstances who need an The Centers for Disease Control does protection. abortion performed at a late stage of preg- not track the method of abortion. So Oh, how those 3 inches will shrink; nancy to avert death or serious injury. we know 1,500 are done in one clinic. mark my word. This is not a far-out de- A, there is a provision in the bill that And the people at that clinic said they bate. It is the mainstream of political says life of the mother is an exception have trained others to do it in New debate right now that we can kill chil- to the ban. Factually incorrect. There York City. So I hesitate to guess of the dren 3 inches from birth because they is a life of the mother exception. I thousands upon thousands of living are not perfect. That is the argument. think it is agreed on all sides that that human beings—living human beings— That is the mainstream of thought in is not necessary because it would never who are brutalized in this fashion, 3 America right now. be used, but we have a prohibition inches away. On the horizon, the Dr. Singers of there anyway. As the Senator from New Hampshire this world will say: Why quibble over 3 Going to the truth: just said, if that baby was born head inches? I remind you, step back in your The American Medical Association en- first, even though a smaller portion of mind, those of you who were here on dorsed the Partial-Birth Abortion Ban Act. the baby’s body is out, I think most this Earth 40 years ago, and imagine— The AMA stated that partial-birth abortion is not medically indicated. people in this body would say: Well, close your eyes and imagine—the Sen- you couldn’t kill the baby then. ate Chamber without television cam- I have talked about hundreds of phy- Isn’t that funny? Isn’t that funny in eras, without the bright lights, without sicians, over 600 obstetricians, not the sense that we draw these artificial the microphones, and people on the medically necessary. lines that don’t exist? We would say, it Senate floor debating whether it is OK The partial-birth abortion procedure, as depends on which way the baby exited to kill a child who is almost born. It described by Martin Haskell [the nation’s the mother as to whether you could leading practitioner of the procedure] and would be beyond anyone’s possible defined in the Partial-Birth Abortion Ban kill the baby or not. Think about that. comprehension that that could have Act, is never medically indicated and can This is the bright line. This is the occurred in Manhattan, much less itself pose serious risks to the health and fu- bright line that we will never cross in Washington, DC, here in the Senate ture fertility of women. our society as to who deserves the pro- Chamber. But here we are. Where will Over 600 obstetricians signed this, tection of our Constitution or not. we go from here? The Senate can take over 600, pro-life, pro-choice, signed That is the issue, folks. That is the a stand on that. So far it hasn’t in the this. issue. numbers necessary, but we are working Those are the facts. This attempt by Who in this Senate Chamber, who on it. those who oppose this bill to change within the sound of my voice is safe if Lie No. 5: Partial birth abortion is the subject to get to Roe v. Wade that is the bright line? Who is safe used only to save the woman’s life and doesn’t obscure those facts. from a group of Senators who think health and when the fetus is deformed. I will get back to that. they are being compassionate, who de- Again, Ron Fitzsimmons said: MOTION TO COMMIT cide that maybe we are better off draw- The procedure was used rarely and only on Mr. SANTORUM. Mr. President, I ing the line somewhere else, maybe women whose lives were in danger or whose move to commit the bill, and I send a fetuses were damaged. drawing the line that after the baby is motion to the desk. born, if the baby isn’t what we want. That was 1995. Fast forward to 2 The PRESIDING OFFICER (Mr. SES- As, again, Dr. Singer, a noted professor years later. Ron Fitzsimmons admitted SIONS). The clerk will report. at Princeton University, now suggests, he lied through his teeth when he said The legislative clerk read as follows: why don’t we draw the line afterwards? the procedure was used rarely and only The Senator from Pennsylvania [Mr. There is not much difference, folks, on women whose lives were in danger SANTORUM] moves to commit the bill to the is there? There really isn’t. Let’s get or whose fetuses were damaged. Yet HELP Committee with instructions to report honest about this. What is the dif- that is the debate you continue to hear back forthwith.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12896 CONGRESSIONAL RECORD — SENATE October 20, 1999 Mr. SANTORUM. I ask for the yeas the motion to commit be immediately This debate should not be about one and nays on the motion. withdrawn. particular method of abortion but, The PRESIDING OFFICER. Is there a I further ask consent that there be 2 rather, about the larger question of sufficient second? hours total for debate equally divided under what circumstances should late- There is not. prior to a motion to table amendment term or postviability abortions be le- Mr. SANTORUM. Mr. President, I No. 2321, with the minority time under gally available. The sponsors of this suggest the absence of a quorum. the control of Senator BOXER, and the amendment—and I am pleased to be a The PRESIDING OFFICER. The vote to occur on or in relation to the cosponsor—believe that all late-term clerk will call the roll. amendment no later than 11 a.m. on abortions, regardless of the procedure The legislative assistant proceeded Thursday, and the Boxer amendment, used, should be banned except in those to call the roll. as amended, if amended, be agreed to rare cases where the life or the phys- Mr. SANTORUM. Mr. President, I without any intervening action. ical health of the mother is at serious ask unanimous consent that the order Mr. DURBIN. Reserving the right to risk. for the quorum call be rescinded. object, may I inquire of the Senator In my view, Congress is ill equipped The PRESIDING OFFICER. Without from Pennsylvania on my amendment to make judgments on specific medical objection, it is so ordered. whether or not it is a straight up-or- procedures. As the American College of AMENDMENT NO. 2322 TO THE INSTRUCTIONS OF down vote on the amendment or a mo- Obstetricians and Gynecologists, which THE MOTION TO COMMIT tion to table. represents over 90 percent of OB/GYNs Mr. SANTORUM. Mr. President, I Mr. SANTORUM. I will move to table and which opposes the legislation in- send an amendment to the desk to the the amendment. troduced by the Senator from Pennsyl- motion to commit with instructions. Mr. DURBIN. Is that the same situa- vania, has said: tion in terms of the amendment offered The PRESIDING OFFICER. Until the The intervention of legislative bodies into Senator has the yeas and nays on the by the Senator from Pennsylvania and medical decisionmaking is inappropriate, ill motion, the amendment is not in order. the Senator from Iowa? advised, and dangerous. Mr. SANTORUM. They could be ta- Mr. SANTORUM. I ask for the yeas Most of us have neither the training and nays on the motion. bled under this unanimous consent agreement. nor the experience to decide which pro- The PRESIDING OFFICER. Is there a cedure is most appropriate in a given sufficient second? Mrs. BOXER. If I may ask my friend to yield for a question, it appears to me case. These medically difficult and There appears to be a sufficient sec- highly personal decisions should be left ond. that everyone is going to wind up ta- bling someone else’s amendment. So if for families to make in consultation The yeas and nays were ordered. with their physicians and their clergy. The PRESIDING OFFICER. The he can make that clear, it would be helpful. The Maine Medical Association agrees clerk will report the amendment. with this assessment. I ask unanimous The legislative clerk read as follows: Mr. SANTORUM. It does say ‘‘on or in relation to’’ the amendment, so that consent that an April 1999 statement The Senator from Pennsylvania [Mr. means on the amendment or in rela- from the Maine Medical Association be SANTORUM] proposes an amendment num- printed in the RECORD at the conclu- bered 2322. tion, which is a tabling motion. It is clear under the UC. sion of my remarks. Mr. SANTORUM. Mr. President, I The PRESIDING OFFICER. Is there The PRESIDING OFFICER (Mr. ROB- ask unanimous consent that the read- objection? ERTS). Without objection, it is so or- ing of the amendment be dispensed Without objection, it is so ordered. dered. with. Mr. DURBIN addressed the Chair. (See Exhibit 1.) The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Ms. COLLINS. Mr. President, in its objection, it is so ordered. ator from Illinois. statement, the Maine Medical Associa- The amendment is as follows: AMENDMENT NO. 2319 tion states that ‘‘such a ban would At the end of the instructions, insert the Mr. DURBIN. Mr. President, I ask deny a patient and her physician the following: unanimous consent to add two addi- right to make medically appropriate SEC. . SENSE OF CONGRESS CONCERNING ROE V. WADE AND PARTIAL-BIRTH ABOR- tional cosponsors to my amendment decisions about the best course for that TION BANS. No. 2319: Senator BLANCHE LAMBERT patient’s care. . . . The intervention of FINDINGS.—Congress finds that— LINCOLN and Senator CHRIS DODD. legislative bodies into medical deci- (1) abortion has been a legal and constitu- The PRESIDING OFFICER. Without sionmaking is inappropriate, ill ad- tionally protected medical procedure objection, it is so ordered. vised and dangerous.’’ throughout the United States since the Su- Ms. COLLINS addressed the Chair. The MMA statement goes on to say: preme Court decision in Roe v. Wae (410 U.S. The PRESIDING OFFICER. The Sen- . . . when serious fetal anomalies are dis- 113 (1973)); ator from Maine. (2) no partial birth abortion ban shall covered or a pregnant woman develops a life Ms. COLLINS. Mr. President, I rise in or health-threatening medical condition that apply to a partial-birth abortion that is nec- support of the amendment offered by essary to save the life of a mother whose life makes continuation of the pregnancy dan- is endangered by a physical disorder, illness, my friend and colleague from Illinois, gerous, abortion— or injury. Senator DURBIN, and the senior Sen- Unfortunately, I add— SENSE OF CONGRESS.—It is the sense of the ator from Maine to ban all late-term may be medically necessary. In these Congress that— abortions, including partial-birth abor- cases, intact dilation and evacuation proce- Partial birth abortions are horrific and tions that are not necessary to save the dures may provide substantial medical bene- gruesome procedures that should be banned. mother’s life or to protect her health fits or, in fact, may be the only option. This Mr. SANTORUM. I ask for the yeas from grievous physical harm. procedure may be safer than the alternatives and nays on the amendment. Let me be clear from the outset. I am . . . [may] reduce blood loss, and reduce the The PRESIDING OFFICER. Is there a strongly opposed to all late-term abor- potential for other complications. sufficient second? tions, including partial-birth abor- That is what the experts are telling There appears to be a sufficient sec- tions. I agree they should be banned. us. That is what the doctors are telling ond. However, I also believe that an excep- us. The yeas and nays were ordered. tion must be made for those rare cases Our amendment goes far beyond, in Mr. SANTORUM. Mr. President, I when it is necessary to save the life of many ways, what the Senator from ask unanimous consent that a vote the mother or to protect her physical Pennsylvania is attempting to accom- occur on or in relation to the health from grievous harm. Fortu- plish. His legislation would only pro- SANTORUM amendment No. 2322 and the nately, late-term abortions are ex- hibit one specific medical procedure. It DURBIN amendment No. 2319 in 10 min- tremely rare in my State where, ac- will not prevent a single late-term utes, with the time between now and cording to the Maine Department of abortion. Let me emphasize that point. then to be equally divided, and if the Human Services, just two late-term The partial-birth legislation before us amendment is agreed to, it be consid- abortions have been performed in the would not prevent a single late-term ered as an amendment to the bill and last 16 years. abortion. A physician could simply use

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12897 another, perhaps more dangerous, EXHIBIT 1 The PRESIDING OFFICER. Is there method to end the pregnancy. The Maine Medical Association takes no objection? By contrast, the Durbin-Snowe pro- position on the moral or ethical issue of Mrs. BOXER. Reserving the right to posal would prohibit the abortion of abortion. Our membership includes individ- object, since we are adding some time uals who are ‘‘pro-choice’’ and ‘‘pro-life.’’ here—and I think we should—I want to any viable fetus by any method unless Still, abortion currently is a legal medical the abortion is necessary to preserve procedure in the United States. Accordingly, have about 2 minutes to speak before the life of the mother or to prevent the Maine Medical Association opposes any we vote on the Santorum amendment. grievous injury to her physical health. legislation proposed to ban any legal medical The PRESIDING OFFICER. Is there We have taken great care to tightly procedure whether that be abortion, ‘‘intact objection? Without objection, it is so limit the health exception in our bill to dilation and extraction’’ (partial birth abor- ordered. grievous injury to the mother’s phys- tion), or another medical procedure. Such a Mr. DURBIN. Mr. President, one last ical health. It would not allow late- ban would deny a patient and her physician inquiry, so I understand it. As it pres- the right to make medical-appropriate deci- term abortions to be performed simply ently stands, there will be 12 minutes sions about the best course for that patient’s of debate before two votes: First on the because a woman is depressed or feel- care. The determination of the medical need ing stressed or has some minor phys- for and effectiveness of a particular medical Santorum amendment, then the Durbin ical health problem because of preg- procedure must be left to the patient and her amendment; then in that 12-minute pe- nancy. physician acting in conformity with stand- riod, 5 minutes allotted to me, 5 min- Moreover, we have included a very ards of good medical care. utes to the Senator from Pennsylvania, important second safeguard. The ini- In addition, imposing civil or criminal and 2 minutes to the Senator from sanctions on physicians who perform abor- tial opinion of the treating physician California? tions would have a chilling effect on physi- The PRESIDING OFFICER. The Sen- that the continuation of pregnancy cians’ willingness to perform legal abortions. would threaten the mother’s life or ator is correct. Doing so would limit patients’ access to safe Mr. DURBIN. I thank the Chair. risk grievous injury to her physical abortions. The Maine Medical Association I want to say something to my col- health must be confirmed by a second opposes such efforts to ‘‘criminialize’’ the practice of medicine. leagues who are following this debate opinion from an independent physician. in their offices. There are not that This second opinion must come from An abortion performed in the second or third trimester or after viability is ex- many on the floor, but many do watch an independent physician who will not tremely difficult for everyone involved. The these debates in their offices. be involved in the abortion procedure Maine Medical Association does not support We are coming perilously close to and who has not been involved in the elective abortions in the last stage of preg- reaching a consensus opinion on one of treatment of the mother. This second nancy. However, when serious fetal anoma- the most divisive topics that this Con- physician must also certify—in writ- lies are discovered or the pregnant woman develops a life or health-threatening medical gress has ever faced. The Senator from ing—that, in his or her medical judg- Maine, Ms. COLLINS, and my colleague, ment, the continuation of the preg- condition that makes continuation of the pregnancy dangerous, abortion may be medi- Senator SNOWE, on the Republican side nancy would threaten the mother’s life cally necessary. In these cases, intact dila- of the aisle, and about 10 Members on or risk grievous injury to her physical tion and evacuation procedures may provide the Democratic side, finally have said: health. substantial medical benefits or, in fact, may Let us try to get down to the bottom What we are talking about are the se- be the only option. This procedure may be line and see if we can come out with vere, medically diagnosable threats to safer than the alternatives, maintain uterine some commonsense answer to such a a woman’s physical health that are integrity, reduce blood loss, and reduce the potential for other complications. Also, this divisive issue as late-term abortions. sometimes brought on or aggravated I respect the Senator from Pennsyl- by pregnancy. procedure permits the performance of a care- ful autopsy and, therefore, a more accurate vania and his heartfelt views on this. I Let me give you a few examples: Pri- diagnosis of a fetal anomaly. This would per- have said it repeatedly on the floor. mary pulmonary hypertension, which mit women who wish to have additional chil- But I think if we are going to finally be can cause sudden death or intractable dren to receive appropriate genetic coun- able to say to the American people, we congestive heart failure; severe preg- seling and better prenatal care and testing in have followed what we think are your nancy-aggravated hypertension with future pregnancies. The intact dilation and feelings; first, keep abortion safe and accompanying kidney or liver failure; extraction procedure may be the most medi- legal for women across America; but complications from aggravated diabe- cally appropriate procedure for a woman in a particular case. second, restrict abortions so that they tes such as amputation or blindness; or The intervention of legislative bodies into are in situations which are necessary, an inability to treat aggressive cancers medical decision-making is inappropriate, postviability in particular, that is such as leukemia, breast cancer, or ill-advised, and dangerous. The Maine Med- what the Durbin amendment strives to non-Hodgkins lymphoma. ical Association urges the Maine Legislature do. And I thank the Senator from These are all obstetric conditions and the People of Maine to allow the patient Maine for her kind words. that are cited in the medical literature and her doctor to determine the most appro- Here is what it says, very basically: as possible indications for pregnancy priate method of care based upon accepted standards of care in the medical profession All late-term abortions, regardless of terminations. In these extremely rare and upon the patient’s individual cir- the type of procedure, are prohibited cases—where the mother has been cer- cumstances. after the fetus is viable; that is, after tified by two physicians to be at risk of The PRESIDING OFFICER. The 5 the moment when it can survive out- losing her life or suffering grievous minutes on the majority side has ex- side the womb, except for two specific physical harm—I believe that we pired. The Senator from Illinois has 5 exceptions: One, if continuing the preg- should leave the very difficult deci- minutes. nancy threatens the life of the mother, sions about what should be done to the Mr. DURBIN. May I inquire of the or if continuing the pregnancy means best judgment of the women, families, Chair, pursuant to the unanimous con- the mother runs the risk of grievous and physicians involved. sent request, I understood 10 minutes physical injury. The Durbin-Snowe-Collins amend- would be allotted for discussion on my We then go on to say—we are serious ment is a fair and compassionate com- pending amendment, and if the Pre- about this—not only the treating doc- promise on this extremely difficult siding Officer can please clarify what is tor but an independent physician has issue. It would ensure that all late- the current status of that time request. to certify, in writing, that one of those term abortions—including partial-birth The PRESIDING OFFICER. The 10 two conditions are met for any late- abortions—are strictly limited to those minutes allotted to Senators was for term abortion postviability. If the doc- rare and tragic cases where the life or two amendments. tor misleads or states something that the physical health of the mother is in Mr. SANTORUM. I ask unanimous is not truthful in that certification, he serious jeopardy. This amendment pre- consent that I be given 5 minutes is subject to a civil fine, and with re- sents an unusual opportunity for both against the Durbin amendment and the peated offenses the fine grows and his ‘‘pro-choice’’ and ‘‘pro-life’’ advocates Senator from Illinois be given 5 min- license to practice medicine can be sus- to work together on a reasonable ap- utes for the Durbin amendment. It will pended. proach, and I urge our colleagues to be 5 minutes. I was not aware the Sen- The reason I think we should take join us in supporting it. ator was using our time. care—and I hope my colleagues will

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12898 CONGRESSIONAL RECORD — SENATE October 20, 1999 look carefully at this amendment—is Mr. DURBIN. I yield back my time. mother exception, it would be a dif- that we would finally emerge from this Mr. SANTORUM addressed the Chair. ferent story. But it does not do that. tangled debate with something that The PRESIDING OFFICER. The Sen- So as much as I, again, commend many of us can agree on. ator from Pennsylvania. those who have signed on to this as an I am characterized as a pro-choice PRIVILEGE OF THE FLOOR attempt on their part to try to search Senator. I am offering an amendment Mr. SANTORUM. Mr. President, for some sort of middle ground, I do which some pro-choice groups do not first, I ask unanimous consent that not think they have found it yet. I am support. I would hope that some on the Heather MacLean and Adam Pallotto hopeful that good faith and open- pro-life side would look at this as a from my staff have access to the floor mindedness will continue and that they reasonable way to restrict late-term during the consideration of this bill. will understand where I am coming abortions. The PRESIDING OFFICER. Without from. If Senator SANTORUM’s amendment objection, it is so ordered. This is not a limitation at all, and to passes, and restricts one rare proce- Mr. SANTORUM. I thank the Chair. put forward such as a limitation would dure, it will reduce the number of abor- Mr. President, the Durbin amend- be misleading and I think not particu- tions that are involved in that proce- ment purports to ban certain kinds of larly constructive to getting at the dure, and they are very small relative abortion, and I wish that were true be- real problem. to the total number. In all honesty, if cause I think that would be construc- Again, I say—and my amendment my amendment passes, the bipartisan tive. But it does not. that we will be voting on, which is a I do not question the motives of Sen- amendment, even more abortions will sense of the Senate, alludes to this— ator DURBIN, Senator COLLINS, and be restricted after viability. So for this is a debate about a procedure. And many others, who, I think, are trying those on the pro-life side, it is a situa- the reason we are debating this proce- to find some ground where we might be tion they should accept, too. dure is because it is the line in our so- able to meet. But the problem with I urge my colleagues to seize this op- ciety that we have drawn about who is this amendment is the problem with all portunity. It has come along so seldom covered by our Constitution and who these amendments that deal with the in the time that I have been up here on isn’t. issue of health of the mother. this contentious issue. I hope they will I think everyone will agree, once the understand that ours is an attempt to The courts have defined ‘‘health’’ so broadly that it includes everything. baby is born, you have constitutional strike a good-faith compromise, con- protections. When the baby is inside sistent with Roe v. Wade, consistent This definition in the amendment talks about serious, grievous physical injury, the womb, the Court has been very with the Constitution, that protects a clear: you don’t. The point is, when the woman’s health, as well as her life, in and it requires a second opinion. Here is the second opinion. If I put baby is in the process of being born, it medical emergency circumstances. is almost completely outside of the I think if we pass this amendment the phone number on here, and if this bill were to become law, you could call mother. How can one suggest that that that I have offered, with the help of so baby does not have some additional many of my colleagues on both sides of Dr. Warren Hern, who performs many second- and third-trimester abortions, protection or full protection? the aisle, we will finally say to the We heard the Senator from California American people: Yes, we did come to- and he will say this: ‘‘I will certify that any pregnancy is a threat to a woman’s say, if the foot was in the mother, they gether on the issue of late-term abor- wouldn’t be entitled to protection. tion, and we think this is a reasonable life and could cause grievous injury to her physical health.’’ What is the difference between the foot way to deal with it. being inside the mother and the head I will readily concede there are dif- See, the problem is there are lots of being inside the mother? Why does one ferences of opinion and those on both people in this country who would argue give protection and the other one sides of the aisle who see it differently. that pregnancy itself, following But I think I can go before my voters through with a pregnancy, can cause doesn’t? We are going to get into that in Illinois, and my family because we grievous physical injury. And in fact, it very kind of fuzzy line. I am not too talk about this, and explain to them could. sure that is a line we want to say is our the case histories that I presented on So signing a document that says if line of demarcation as to when rights the Senate floor—where mothers, anx- we did not do this abortion, grievous begin or not. ious for the birth of their babies, hav- physical injury would occur, is, by defi- I think we want to be very clear: ing painted the nursery and named the nition, something any doctor—or at Once the baby is in the process of being baby, found, at the last minute in the least any doctor, Dr. Hern would say— born, that is where the right to abor- pregnancy that some terrible complica- could sign in good faith. tion ends and that is where infanticide tion had occurred, and the doctor said: So what you have is a loophole, a begins. I am hopeful the Senate will If you continue the pregnancy, you loophole that would make this prohibi- make that choice today. could die. And if you don’t die, you tion void. So as good as it sounds—and The PRESIDING OFFICER. The time might lose your chance to ever have I do not question the intentions. Sen- requested by the distinguished Senator another baby. Think about that, what ator DASCHLE had offered this amend- has expired. the families face; and the doctors said, ment in the past, and I certainly did The Senator from California is recog- in that circumstance: We have to go not question his intention. I think nized for 2 minutes. forward with an abortion procedure. there is an honest attempt to say, and Mrs. BOXER. Mr. President, I urge Some of the women involved said: I take the speakers at their word, that Senators to read the text. It was the I’ve been conservative, antiabortion they do not want to see these kinds of Senator from Pennsylvania who talked my whole life, and it struck me that it abortions performed. However, when about the feet. I talked about a baby was going to hit me right in the face. you provide a health exception, in re- and when a baby is born. I had to deal with it. And they did. ality the health exception becomes the The Santorum amendment, just as Frankly, any of our families faced operation of the bill, which is: There is his bill, is a direct overturning of Roe with that would want to have every no limitation. v. Wade, which gave women the right available medical option to save the So as much as I would like to see to choose in 1973. Before Roe, 5,000 life of the mother or to protect her what the Senator from Illinois pur- women a year died because of illegal from grievous physical injury. ports to have happen with his amend- abortion. Now abortion is safe, and it is I urge my colleagues to please look ment, his language does not accom- legal. Why don’t we keep it that way? carefully at this amendment. We are plish what he purports to accomplish. It is working. It is working for women perilously close to doing something by So voting for something that, frankly, and their families. It balances the way of consensus that is a common- is hollow, is not effective. rights of the woman with the rights of sense answer to a very contentious Our bill would, in fact, ban a par- the fetus. That is why it says in Roe, in issue. ticular procedure, period, and that is the beginning of a pregnancy, a woman The PRESIDING OFFICER. The time with the life of the mother exception. has an unfettered right to choose, and of the distinguished Senator has ex- If the Durbin amendment was amend- later there can be restrictions. But this pired. ed to just provide for the life-of-the- is where the Santorum bill steps over

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12899 the line. It makes no exception for the sult-oriented. I believe we’re here to Mr. NICKLES. I announce that the health of the woman. Senator DURBIN get things done, to effect change, in- Senator from Arizona (Mr. MCCAIN) is reaches to that issue. I commend him stead of scoring political points. necessarily absent. for his effort. For that reason, I have chosen to The result was announced—yeas 36, The fact is, if you make no exception support Senator DURBIN’s approach to nays 63, as follows: for the health of the woman, you are eliminating late term abortions be- [Rollcall Vote No. 334 Leg.] overturning Roe; there is no question cause Senator DURBIN has taken care of YEAS—36 about it. And by using the term ‘‘par- the concerns raised by courts and be- Akaka Feinstein Lincoln tial-birth abortion,’’ which has never cause this legislation will actually re- Baucus Graham Mikulski been in any medical directory in the duce the number of late term abor- Bingaman Harkin Murray history of medicine—it is a political tions. Boxer Inouye Reed I should point out that, while serving Bryan Jeffords Robb term—it is so ill-defined that the Chafee Kennedy Rockefeller courts have ruled it would in fact make in the House of Representatives, I Cleland Kerrey Sarbanes most abortion illegal. twice voted in favor of a ban on par- Collins Kerry Schumer Listen to what some of the judges tial-birth abortions, expressing my Dodd Kohl Snowe Durbin Lautenberg Torricelli have said. In the State of Alaska: It concern that the life and serious health Edwards Levin Wellstone would restrict abortion in general; in of the mother be considered. Feingold Lieberman Wyden Much has happened since then. Nine- the State of Florida: This statute may NAYS—63 endanger the health of women who teen courts have overturned laws very similar to the one I supported. Some Abraham Dorgan Lugar might seek abortion; in Idaho: The act Allard Enzi Mack bans the safest and most common rule that the term ‘‘partial-birth abor- Ashcroft Fitzgerald McConnell method of abortion used in Idaho and, tion’’ is too vague. Bayh Frist Moynihan While I am not a lawyer, I under- Bennett Gorton Murkowski therefore, imposes an undue burden on Biden Gramm Nickles a woman. It goes on and on. stand the courts’ point because all of Bond Grams Reid Nineteen States have said this the doctors I have discussed this issue Breaux Grassley Roberts Santorum language goes against Roe, with tell me that there is no such pro- Brownback Gregg Roth cedure as partial birth abortion. Bunning Hagel Santorum endangers the life, the health—in par- Burns Hatch Sessions ticular, the health—of a woman. In addition, the courts have noted Byrd Helms Shelby I hope we will table the Santorum that states cannot regulate or prohibit Campbell Hollings Smith (NH) amendment. abortion prior to viability. So it is very Cochran Hutchinson Smith (OR) important, if we want results from this Conrad Hutchison Specter The PRESIDING OFFICER. All time Coverdell Inhofe Stevens has expired. debate, to specify that we are talking Craig Johnson Thomas Mrs. LINCOLN. Mr. President, I ask about post-viability. Crapo Kyl Thompson unanimous consent to speak for 2 min- Senator DURBIN has corrected these Daschle Landrieu Thurmond prior legislative flaws by referring to DeWine Leahy Voinovich utes on the Durbin amendment. Domenici Lott Warner The PRESIDING OFFICER. Without abortions after viability rather than NOT VOTING—1 objection, it is so ordered. partial-birth abortions. The Senator from Arkansas is recog- In addition, the Durbin late term McCain nized. abortion ban would eliminate elective The motion was rejected. Mrs. LINCOLN. Mr. President, I rise late term abortions by requiring not The PRESIDING OFFICER. Without today to support the Late Term Abor- one but two doctors to certify the need objection, the yeas and nays are viti- tion Limitation Act of 1999. for a late term abortion to save the life ated. I would like to thank Senator DURBIN or serious health of the mother. The question now is on agreeing to for working with me and others who I support the Durbin amendment be- the Santorum amendment, as modified. oppose later term abortions like the cause if Senators really want to ensure The amendment (No. 2322) was agreed procedure being discussed today, which that we stop late term abortions, then to, as follows: we should pass legislation that can some have called partial-birth abor- At the appropriate place in the bill, insert tion. stand the test of the courts. the following: The Durbin amendment could stand Let me start by saying that this is a SEC. . SENSE OF CONGRESS CONCERNING ROE difficult issue for anyone to discuss. the test and become law. It has the V. WADE, AND PARTIAL BIRTH ABOR- And it is an emotional issue. It is not best chance of producing results. TION BANS. So if results are what we’re looking, easy for any of us in this Chamber to FINDINGS.—Congress finds that— if stopping late term abortions—includ- (1) abortion has been a legal and constitu- discuss terminating a pregnancy. ing the so-called partial-birth abor- tionally protected medical procedure As a mother who has gotten infinite tions—is our goal, then this is the right throughout the United States since the Su- joy from twin 3-year-old boys and was option. preme Court decision in Roe v. Wade (410 U.S. blessed with a safe and healthy natural If we vote for other vague measures, 113 (1973)): delivery, it is an especially sensitive (2) No partial birth abortion ban shall we will be right back here next year, topic for me. apply to a partial-birth abortion that is nec- and the next year, still debating this Like many of the people that I rep- essary to save the life of a mother whose life issue—without results. resent in Arkansas, I do not believe the is endangered by a physical disorder, illness, Let’s do the right thing and ban un- or injury. so-called partial-birth abortion should necessary late term abortions by vot- SENSE OF CONGRESS.—It is the sense of the be an elective procedure. ing for the Durbin amendment which Congress that—partial birth abortions are We should put an end to all forms of can stand up to federal court tests. horrific and gruesome procedures that abortion after viability except in cases Mrs. BOXER. Mr. President, I move should be banned. where a late term abortion is medi- to table the Santorum amendment and f cally necessary to save the life of the ask for the yeas and nays. DEPARTMENTS OF COMMERCE, mother or when ‘‘grievous injury’’ The PRESIDING OFFICER. Is there a could harm the mother. JUSTICE, AND STATE, THE JUDI- sufficient second? CIARY, AND RELATED AGENCIES Congress has attempted to eliminate There appears to be a sufficient sec- what some people call partial-birth APPROPRIATIONS ACT, 2000—CON- ond. FERENCE REPORT abortions in the past. And 30 states The yeas and nays were ordered. have enacted similar legislation. But The PRESIDING OFFICER. The Mr. LOTT. I ask consent that the most efforts to end this horrific proce- question is on agreeing to the motion Senate proceed to the conference re- dure have been unsuccessful thus far to table amendment No. 2322. The yeas port on the bill (H.R. 2670) making ap- because the courts have overturned and nays have been ordered. The clerk propriations for the Departments of them. will call the roll. Commerce, Justice, and State, the Ju- As I have shown during debate on The legislative assistant called the diciary, and related agencies for the HMO reform and tax reform, I am re- roll. fiscal year ending September 30, 2000,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12900 CONGRESSIONAL RECORD — SENATE October 20, 1999 and for other purposes, and ask for its numerous missions undertaken by the Clayton Heil, and Dana Quam of Sen- immediate consideration. various agencies of the Commerce De- ator GREGG’s staff and Lila Helms, The report will be stated. partment, including stewardship of our Emelie East, and Tim Harding of my The clerk read as follows: nation’s oceans and waterways, sat- staff. I know that they have all worked The committee on conference on the dis- ellite coverage and weather fore- long hours during the past 4 weeks, in- agreeing votes of the two Houses on the casting, regulation of trade and tele- cluding weekends and late evenings to amendment of the Senate to the bill, H.R. communications, assistance to rural reach a compromise and I appreciate 2670, have agreed to recommend and do rec- areas, high risk technology research, ommend to their respective Houses this re- their efforts. This a large bill that port, signed by all of the conferees. and assistance to small manufacturers. funds the Federal law enforcement, Also within this level of funding for the The PRESIDING OFFICER. Without oceans and fisheries, our nations courts Commerce Department is the $4.47 bil- objection, the Senate will proceed to and everything in between. Reaching lion necessary for conducting the con- the consideration of the conference re- compromise on these myriad accounts stitutionally mandated decennial cen- port. is no small task and I thank them for (The conference report is printed in sus. I would like to thank Chairman their diligence. GREGG for working to resolve the the House proceedings of the RECORD of Mr. President, I take this oppor- October 19, 1999.) issues around census funding without tunity to give a few words of thanks to Mr. HOLLINGS. Mr. President, I am lengthy and counter-productive debate. someone who has been a tremendous pleased to join my subcommittee I am pleased that the conference re- help to me and the Commerce, Justice, chairman, Senator GREGG, in pre- port reflects a level of funding for the State Subcommittee over this last senting to the Senate the fiscal year National Oceanic and Atmospheric Ad- year. That person is Tim Harding, an 2000, Commerce, Justice, State, the Ju- ministration (NOAA) that is closer to extremely bright young man who was diciary, and related agencies appro- the Senate position that the House. detailed to me by the Department of priations conference report. I would NOAA is the premier agency for ad- Justice COPS on the Beat program. like to thank Senator GREGG for his ef- dressing catastrophic weather condi- Tim worked with me and my staff forts in resolving many of the difficult tions as well as daily forecasts. This since last winter. He has seen this issues that were encompassed in this year has been one filled with natural process through—from receipt of the bill. As a result of over four weeks of disasters—everything from droughts, President’s budget, to our congres- negotiations, the conference report be- floods, tornadoes, and hurricanes. Dur- sional hearings, to markup, through fore the Senator today—for the most ing this past month while our staff was our whirlwind day on the Senate floor, past—is good and balanced. negotiating on this bill, about 10 mil- and through this month and a half of As Senator GREGG stated, this agree- lion people were evacuated from the conference. At every point, Tim was ment includes $39 billion and exceeds coast during Hurricane Floyd. Thanks willing and ready to give 100 percent. last year’s appropriation by almost $3 to NOAA’s hurricane research, their While we all know the Senate is like no billion. While this sounds like a tre- flights into the storm their satellite other place, Tim took the time to learn mendous increase in funding, for all in- coverage and weather forecasts, the what makes this process work, and he tent and purpose, this increase is for loss of life, while still very tragic, was was able to easily adapt. He provided the 2000 decennial census. Con- significantly less than what it other- me with memos, helped me with my sequently, the funding decisions en- wise would have been. Mr. President, constituent relations, and drafted compassed in this bill were difficult. when we went into conference 6 weeks good-quality statements for my use Senator GREGG has already covered ago, there was a $600 million difference during hearings, markup, and floor many of the major issues in this bill so in funding for NOAA between the consideration of our bill. His work will I will not go into great detail. But, I House and Senate. The Senate worked be sorely missed by me and my staff, would like to point out to my col- diligently to restore NOAA’s funding and I wish him all the best in what leagues some of the highlights of this and the conference report reflects promises to be a bright future. bill: those efforts with NOAA funded at an Mr. GREGG. Mr. President, I bring to The Justice Department accounts for increase of $137 million above last the floor the conference agreement for the largest portion of this bill and con- year’s appropriated level. Given this the Commerce, Justice, State, and ju- tains $18.5 billion for many important agency’s missions that include every- diciary appropriations for fiscal year law enforcement agencies including the thing from weather forecasting and at- 2000. FBI, DEA, INS, and Marshals Service. mospheric research to ocean and fish- This conference agreement includes This level of funding is only an in- eries research and ocean and coastal $39 billion for these and other related crease of $287 million above last year’s management, this level of funding in agencies. This is $2.8 billion above last appropriated level. Within DOJ, the still insufficient, but given the fiscal year’s level and $7.9 billion below the conferees agreed to recede to the Sen- constraints, it is enough to allow the President’s request. Also, it is $3.6 bil- ate’s position the Office of Community agency to continue forward with its lion above the Senate level, which in- Oriented Policing Services (COPS) pro- critical missions. cludes the additional funding requested gram, and funded the program at the This conference report provides $5.9 for the census. Senate level of $325 million. In addi- billion for the Department of State and To start out with, I want to address tion, $250 million in carryover is avail- related agencies. This will fund secu- the department that comprises almost able bringing the total budget author- rity upgrades for State Department fa- half of the funding in this bill, the De- ity for this program for fiscal year 2000 cilities, construction and maintenance partment of Justice. We provide it with to $575 million. While many of us would of U.S. missions, payment of inter- $18.5 billion. like to see a higher level of funding for national organization and peace- Within Justice, we continue counter- this program, I believe that we have keeping funds, and educational and cul- terrorism measures. A total of $152 mil- provided a responsible level given the tural exchanges. This year we are pro- lion is directed to the counterterrorism austere funding constraints this year. viding $313.6 million in funding for program to bolster current counterter- Mr. President, the conferees also much needed security upgrades at rorism initiatives. The conference agreed to continue the Safe Schools State Department facilities around the agreement provides $14 million to the Initiative that Senator GREGG and I world. Incidents such as the bombings National Domestic Preparedness Con- began funding last year. To further ef- in Kenya and Tanzania have reminded sortium for their cooperative efforts. forts in combating violence in and us that we cannot dismiss the safety We put emphasis this year on equip- around our schools, we have included and security of our citizens abroad. ment for first responders so that they $225 million in funding. Included in Now I would like to take a moment have what is needed when they arrive that funding is $180 million for school to thank the staff for all their hard first-on-the-scene of any terrorist at- resource officers and $30 million for work in bringing this agreement to the tack. prevention programs. floor. Specifically I would like to We also remain concerned about at- Regarding the Commerce Depart- thank Jim Morhard, Paddy Link, tacks on computer systems, these ment, $8.7 billion is provided for the Kevin Linskey, Eric Harnischfeger, being a primary target to sabotage.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12901 The conferees agreed to $18.6 million vention methods as well. One way to nology. The conference agreement in- for the National Infrastructure and stop juvenile violence is to get young cludes funding of $250 million for law Protection Center, through the FBI ac- people involved in programs outside of enforcement technology grants. These count, which serves as the central school. The conference agreement in- grants will be available for State and clearinghouse for threats and warnings cludes the Senate number, $50 million, local law enforcement to acquire equip- or actual cyber-attacks on critical in- for the Boys and Girls Clubs of Amer- ment and training to address criminal frastructures. The FBI has field com- ica. It retains the Senate language re- activities in our communities. puter crime-intrusion squads and com- garding the use of the Internet in the Moving to Commerce, the conferees puter analysis and response teams to clubs. Additionally, $13.5 is provided recommend a level of $25.6 million for combat cyber crime and sabotage. for Juvenile Mentoring Programs the United States Trade Representa- However, I remain concerned by the (JUMP), such as Big Brothers and Big tive. The International Trade Commis- release of the FALN members by the Sisters and similar community pro- sion is funded at $44.5 million, and the President, and its effect on our overall grams that bring responsible adults to- International Trade Administration is counterterrorism policy. In the past gether with children in a mentoring ca- funded at a level of $313.5 million. The few years, the Appropriations Com- pacity. I believe prevention is pref- funding level for the Bureau of Export mittee has worked closely with all as- erable to punishment, and these pro- Administration is $54 million. pects of the law enforcement commu- grams can redirect the energies of high The conferees provide full funding for nity to hammer out a united, com- risk youth into positive activities. the Bureau of the Census at a level of prehensive counterterrorism strategy. The conference agreement provides $4.8 billion. The decennial census is There has been marked improvement over $537 million for juvenile programs funded at the Administration’s re- in understanding where we need to go through the juvenile justice budget and quested level. The Administration sent to prevent and to be ready for terrorist accountability incentive grants. a budget amendment to Congress as incidents. The President’s clemency In an effort to combat another prob- the Senate’s Commerce, Justice, State agreement takes that understanding lem our society faces daily, the con- Appropriations measure was being re- and drives a stake in it. The President ference agreement supports counter ported to the Senate. Therefore, the chose to release members of a known drug efforts by the Justice Depart- committee was unable to incorporate terrorist organization, against the rec- ment. We provide DEA with $53.9 mil- this amendment in the original bill. A ommendation of the pardon attorney lion for mobile enforcement teams and hearing was held on the administra- and the Federal Bureau of Investiga- $17.4 million for regional drug enforce- tion’s budget amendment in late July, tions. ment teams. These teams have the and the conference report before us The FBI is one of the lead agencies flexibility to go to the hot spots in today contains all of the funds re- on terrorism policy, and the President small cities and towns and provide an quested by the administration. The funding for the National Tele- disregarded their opposition to the immediate, effective response to drug communications and Information Ad- clemency agreement. The President’s trafficking. They come in at the re- ministration includes $26.5 million for actions went against his own adminis- quest of State and local law enforce- the public broadcasting grant program tration and congressional efforts to ment and work together to stop drug and $15.5 million for information infra- craft and implement a strong counter- trafficking. structure grants. terrorism policy. The agreement also includes $27.1 The agreement funds the programs of Ironically, his argument was that million for the DEA and $35.6 million the National Institute for Standards none of these individuals had been for State and local enforcement efforts and Technology (NIST) at a total of charged with murder. Terry Nicholas to end methamphetamine production $639 million for fiscal year 2000. Of this was not charged with murder, but 168 and distribution. amount, $283.1 million is for NIST’s sci- died in the Oklahoma City bombing. Under my tenure as chairman, this entific and technical research and serv- Unfortunately, the President’s ac- committee has been supportive of the ices programs. tions have created a schism in our ter- Violence Against Women Act Pro- NIST’s external activities, the Ad- rorist policy that may take years to grams. The conference agreement in- vanced Technology Program (ATP) and overcome. cludes the Senate level of $284 million. Manufacturing Extension Program Moving to an area that is as horri- Within this level, $207 million is avail- (MEP) are funded at the levels of $211 fying as a terrorist attack, the con- able for general formula grants to the million, including carryover balances, ference agreement provides funding to States. Within those grants, $10 million and $104.8 million, respectively. address child abductions and missing will be available for programs on col- The agreement fund the National children. We were able to retain the lege campuses and $10 million for Safe Oceanic and Atmospheric Administra- Senate’s Missing Children program, Start programs. In addition, we re- tion programs at a level of $2.3 billion. which provides $19.9 million to help law tained the increase for court appointed This funding level will continue vital enforcers find and care for missing special advocates and provide $10 mil- funding for oceanic and atmospheric children. We also fund the FBI’s pro- lion. research programs which have such grams to prevent child sexual exploi- The Senate will be glad to hear we strong support in the Senate. tation on the Internet. These efforts were able to bolster some accounts in The five major line offices of the help solve investigations involving conference that had been reduced this agency are funded as follows: the Na- missing children by creating special- year in the Senate bill. The local law tional Ocean Service at a level of $267.3 ized cyber units whose purpose is to enforcement block grant was raised to million; the National Marine Fisheries monitor and react to Internet last year’s level of $523 million. Service at $403.7 million; the Office of pedophiles. The FBI works closely with The conferees provide $30 million for Oceanic and Atmospheric Research at the National Center for Missing and police corps; $25 million for grants for $300 million; the National Weather Exploited Children to find the victims bullet proof vests; and $40 million for Service at $603.8 million; and, the Na- of these attacks and return them to the Indian country law enforcement tional Environmental Satellite, Data their families. initiative. and Information Service at a level of To protect children in schools, the The State prison grants were in- $111.4 million. conference agreement recommends $225 creased above the Senate proposed The agreement also provides funding million through the Safe Schools Ini- level to $686.5 million, and $420 million for the first new fishery research vessel tiative. The availability of these funds was designated for SCAAP. approved for the agency in several for schools, groups, and law enforce- The last issue I want to address with- years. ment should encourage communities to in the Justice Department is funding The conference agreement contains work together to address the esca- for law enforcement technology grants. $10 million to capitalize two funds cre- lation of violence in schools through- As we approach the new millennium ated under the Pacific Salmon Treaty, out the Nation. and provide funding for fiscal year 2000, and $50 million for a Pacific Salmon The conferees believe it is also im- it is important that we ensure that law Restoration Fund requested by the ad- portant to encourage out-of-school pre- enforcement is not behind in tech- ministration.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12902 CONGRESSIONAL RECORD — SENATE October 20, 1999 A small part of our bill—$3.7 billion— treasury because of these rulings. the best of years. I appreciate the staff is the judiciary. The conference agree- These companies should not be per- giving up weekends and countless ment provides the judiciary with $122 mitted to use these licenses, for which nights to bring to Congress a passable million more than the Senate level. We they have not paid in full, as assets in CJS appropriations bill. Thanks to my fully fund defender services, and in- a bankruptcy proceeding. Spectrum li- staff, Jim Morhard, Paddy Link, Kevin crease the hourly rate for court ap- censes are national assets, and the pro- Linskey, Eric Harnischfeger, Clayton pointed public defenders. In addition, ceeds from the sale of these licenses Heil, Vas Alexopoulos, Dane Quam, the Senate COLA provision was re- are the taxpayers’ assets. I hope we Brian McLaughlin, and Jackie Cooney. tained. will be able to revisit this provision at HATE CRIMES Now, for the last department in this a later date. Mr. KENNEDY. Mr. President, civil bill, we provide $5.8 billion to the State The Small Businesses Administration rights is still the unfinished business of Department. (SBA) is one of the larger agencies in America. It is unconscionable that The conferees recommend $254 mil- this bill. The conference agreement Congress would signal that the Federal lion for worldwide security under Dip- provides $803.5 million for their SBA. Government has no role in combating lomatic and Consular Programs. We Within the amount, $84.5 million goes hate crimes in this country. Yet, that also provided $313.6 million in security- to the Small Business Development is exactly the signal the Republican related construction under the Secu- Centers. leadership has sent by eliminating the rity and Maintenance of U.S. Missions We also provide the Senate level of Senate-passed provisions on hate account. These levels will address in- funding for the Women’s Business Cen- crimes from the final report of the frastructure concerns raised by the Dar ters and National Women’s Business Commerce-Justice-State Appropria- Es Salaam and Nairobio bombings last Council. tions Act. year. The SBA disaster loan assistance Since just after the Civil War, Con- Cultural and Educational Exchange program is funded at a level of $255.4 gress has repeatedly recognized the Programs are funded at $205 million. million. special Federal role in protecting civil These programs give U.S. and foreign And, as a last mention on this bill, rights and preventing discrimination. citizens the chance to interact on an the agreement before us recommends This Federal responsibility, based on educational level where cultural diver- $125 million for the Federal Trade Com- the 14th amendment to the Constitu- sity can be explored. mission. Of particular importance is tion, is reflected in a large body of Fed- The conference agreement includes the Senate language regarding the eral civil rights laws, including many adequate funding for the agencies re- Internet. criminal law provisions. These laws are lated to the State Department, includ- The conference agreement contains aimed at conduct that deprives persons ing the Asia Foundation and the Na- modified language regarding efforts to of their rights because of their mem- tional Endowment for Democracy. police the Internet and U.S. electronic bership in certain disadvantaged Lastly in State, we provide $351 mil- financial markets within the Federal groups. The Federal criminal law, lion to cover U.N. arrears, subject to Trade Commission and the Securities among other prohibitions, bars depriv- authorization. This represents the final and Exchange Commission. The con- ing individuals of housing rights, de- payment associated with the Helm- ferees are aware that the explosion of stroying religious property because of Biden agreement on UN reforms. Internet commerce also increases the religious bias, and committing violent This bill contains a handful of re- opportunities for fraud and abuse. We acts because of racial hatred. lated agencies that act independently want to ensure that those agencies The point of these laws is not to pro- of the departments within this bill, and that monitor the Internet are able to tect only certain people from vio- comprise $2 billion of the total of this adapt to the increasing activity and lence—we all deserve to be protected. conference agreement. match their consumer protection ef- The point is to recognize this special For the Maritime Administration, forts in equal measure. Federal responsibility to stop espe- the conference agreement recommends I think this agreement addresses the cially vicious forms of discrimination, $178.1 million. Within the level, the issue, yet believe there is still much and penalize it with the full force of Maritime Academy receives $34.1 mil- more to do in the areas of Internet pol- Federal law. lion. The Maritime Security Program icy. Hate crimes legislation recognizes is funded at $98.7 million, including Overall, I believe this conference that violence based on deep-seated carryover balances. agreement of the House and Senate prejudice, like all forms of discrimina- The conference agreement funds the bills provides funding required to exe- tion, inflicts an especially serious in- Federal Communications Commission cute the needed services and programs jury on society. These crimes can di- at a level of $210 million. This funding under our purview. We have not re- vide whole nations along racial, reli- level permits the agency to pay rent in duced these accounts like we had to to gious and other lines, as are seen too its new location, but does not provide meet the low Senate allocation. We often in countries throughout the funding for some of the new technology were able to provide additional funding world. These crimes send a poisonous initiatives the agency had hoped to im- to these accounts that Senators and message that the majority in society plement in FY 2000. the administration thought were not feels free to oppress the minority. The As requested in the FCC budget, the given their due in the Senate bill. The strongest antidote to that unaccept- Senate bill contained a provision per- ranking member and his staff partici- able poison is for the majority to speak mitting the FCC to protect our na- pated fully in bringing this agreement out strongly, and insist that these fla- tional spectrum assets. The provision to you. I want to extent my thanks for grant acts of violent bigotry will not in the Senate bill, Section 618, would their collegian efforts. They worked be tolerated. That is why it is essential have permitted the FCC to re-auction with us side-by-side to construct what for hate crimes legislation to be en- licenses currently entangled in bank- we believe is a respectable bill. dorsed by our nation and our commu- ruptcy court proceedings. This provi- I urge my colleagues to pass this con- nities at every level—Federal, State, sion was dropped in conference at the ference agreement as being a sound and local. insistence of the House. I regret that it compromise. The Hate Crimes Prevention Act of was dropped. I would like to take a moment to 1999, that so many of us support, is bi- The FCC began auctioning licenses thank the staff for all their efforts on partisan. It is endorsed by a broad for spectrum in late 1994, and some of this conference agreement. Every year range of religious, civil rights and law the companies who were successful bid- they do their best to get this particular enforcement organizations. It takes ders subsequently filed for bankruptcy. bill completed quickly, and, every year two needed steps. It strengthens cur- The bankruptcy courts have permitted we find ourselves jockeying for last po- rent laws against crimes based on race, some of these companies to avoid pay- sition. I know they work hard to avoid religion, or national origin. And it adds ing their debt to the Federal Govern- this situation. The diverse jurisdiction gender, sexual orientation, and dis- ment for obtaining these licenses. Bil- of this bill tends to lead to controversy ability to the protections in current lions of dollars are being lost to the somewhere within its’s realms even in law.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12903 Earlier this year, the Senate added with dignity and respect, or one that allows and improved prosecution of those who these important provisions to the Com- some people and their family members to be act our their hate with violence. If merce-Justice-State Appropriations marginalized. someone harms another because of Act. But last Monday evening, the Sen- There are still a few weeks left in race, gender, color, religion, disability ate-House conferees approved a con- this session; we should pass the Hate or sexual orientation, they would be ference report that does not contain Crimes Prevention Act this year. punished. the hate crimes provision. Behind Mrs. MURRAY. Mr. President, I feel I am very disappointed that the con- closed doors, the conferees dropped the compelled to express my concerns with ference failed to include the Senate provisions. As a result, Congress is now the Commerce, Justice, State, and the language of the Hate Crime Prevention MIA—missing in action on this basic judiciary appropriations bill for fiscal Act. Along with many of my col- issue of tolerance and justice and civil year 2000. I am disappointed by the in- leagues, I will continue to push this rights in our society. adequate funding for coastal salmon re- legislation. It is about basic human Clearly, we must find a way to act on covery and the Pacific Salmon Treaty. rights for those who all too often per- this important issue before the session While I cannot complain about the secuted while the majority looks the ends. The Federal Government should funding for Washington State in rela- other way. be doing all it can to halt these vicious tion to Alaska, California, and Oregon, I am also unhappy the Community crimes that shock the conscience of the I do believe the overall funding is woe- Oriented Policing Services Program nation. State and local governments fully inadequate to address the tremen- (COPS) was so underfunded. The Sub- are doing their part to prevent hate dous crisis facing threatened and en- committee mark in the Senate in- crimes, and so must Congress. dangered salmon runs. Each state and cluded no funding for COPS. Some of us Mr. LEAHY. Mr. President, one of their counties and cities are prepared on the full Appropriations Committee the most significant amendments that to face the challenge of salmon recov- restored a modest amount of money to the Senate adopted this summer as ery, but they must be given the tools the program. The President requested part of the Commerce-Justice-State to do so. The funds for Pacific coastal $1.2 billion, but the conference funded appropriations bill was the Hate salmon recovery should be at the Presi- COPS at only $325 million. That is Crimes Prevention Act. This legisla- dent’s request level of $100 million. wrong. tion strengthens current law by mak- In relation to the Pacific Salmon COPS is one of the most successful ing it easier for federal authorities to Treaty, I must again bemoan the lack programs of this decade. The initiative investigate and prosecute crimes based of adequate funding. The treaty agree- to get an additional 100,000 new police officers on the streets was widely criti- on race, color, religion, and national ment was signed late in the appropria- cized by many from the other side of origin. It also focuses the attention tion process and thus it is understand- the aisle. They said that the federal and resources of the federal govern- able that large scale funding would be government could never successfully ment on the problem of hate crimes difficult. However, the funding pro- assist local law enforcement. They committed against people because of vided under this conference report does were wrong. The program is now their sexual orientation, gender, or dis- not approach our obligations under the praised by former opponents, the states ability. treaty. We need to be signaling the in- are happy with it, and it has proven to I commend Senator KENNEDY for his tention of the U.S. to meet its treaty be very effective. leadership on this bill, and I am proud obligations and this bill does not do Another problem is that once again to have been an original cosponsor. this. I believe the funding for the behind closed doors, we continue to as- Now is the time to pass this important Northern and Southern Funds called sault reproductive health care for legislation for under the treaty should be more women. Section 625 of this conference Recent incidents of violent crimes than the $10 million provided. Further- report includes a major authorizing motivated by hate and bigotry have more, the elimination of the buy-back change that was not part of the House shocked the American conscience and money for fishers is not only cruel to or Senate passed bills. We did not de- made it painfully clear that we as a na- the families affected by the fishing re- bate or discuss this major expansion of tion still have serious work to do in ductions, but again does not send the the conscience clause included in Pub- protecting all Americans from these right message to Canada. lic Law 106–58, FY00 Treasury Postal crimes and in ensuring equal rights for In a related matter, the conference Appropriations. all our citizens. The answer to hate and report contains legislative language For those members who were not in bigotry must ultimately be found in in- that exempts Alaska from the provi- this closed door meeting, let me ex- creased respect and tolerance. But sions and requirements of the Endan- plain. Section 625 would allow a phar- strengthening our Federal hate crimes gered Species Act in relation to salm- macist to object to providing a woman legislation is a step in the right direc- on. While I appreciate the State of with a prescribed contraceptive if he or tion. Alaska’s desire to have the Pacific she felt the use of this contraceptive All Americans have the right to live, Salmon Treaty protect its salmon fish- was contrary to their own individual travel and gather where they choose. ery from any jeopardy findings, the religious beliefs or moral convictions. In the past we have responded as a na- provision is not in the spirit of the Pharmacists can make a moral judg- tion to deter and to punish violent de- treaty. The states of Oregon and Wash- ment and deny women access to emer- nials of civil rights. We have enacted ington, as well as the Pacific North- gency contraceptives or any form of federal laws to protect the civil rights west tribes, negotiated in good-faith to contraceptive. of all of our citizens for more than 100 conclude the treaty. I must support We already allow plans participating years. The Hate Crimes Prevention Act Governor Kitzhaber and Governor in the FEHBP to object on religious continues that great and honorable Locke and the tribes in their opposi- grounds to providing reproductive tradition. tion to this provision. This legislative health services; we now will allow Five months ago, Judy Shepard, the provision is in effect an addendum to pharmacists to deny women access. A mother of hate crimes victim Matthew the treaty that the treaty negotiators small town pharmacist could simply Shepard, called upon Congress to pass did not agree to. It should be removed. object to filling a prescription because the Hate Crimes Prevention Act with- I am very disappointed the con- she morally objects to the use of con- out delay. Let me close by quoting her ference did not adopt the language of traceptives. A woman is now subjected eloquent words: the Hate Crimes Prevention Act. Hate to the moral judgment of her phar- Today, we have it within our power to send crime is real. Despite great gains in macists. Is she free to simply go to an- a very different message than the one re- equality and civil rights over the latter other pharmacy? In many rural com- ceived by the people who killed my son. It is part of the century, hate crimes are munities there really aren’t nearby time to stop living in denial and to address still being committed and offenders a real problem that is destroying families other options. In addition, many plans like mine, James Byrd Jr.’s, Billy Jack must be punished. Including this provi- require use of a preferred provider for Gaither’s and many others across America. sion would have given us more tools to pharmacy benefits. What happens if . . . We need to decide what kind of nation fight hate. The proposal would have ex- your preferred provider is morally op- we want to be. One that treats all people panded the definition of a hate crime posed to providing contraceptives?

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12904 CONGRESSIONAL RECORD — SENATE October 20, 1999 I do not oppose conscience clauses, I yield the floor. birth abortion—but tragically, at every but I do oppose denying women access VOTE ON AMENDMENT NO. 2319 opportunity, the President of the to legally prescribed contraceptives The PRESIDING OFFICER. The United States has vetoed the act of simply based on moral objections. This question is on agreeing to the Durbin Congress to ban this needless and hor- is simply outrageous and once again amendment No. 2319. rific procedure. the threat to women’s health is ig- Mrs. BOXER. I ask for the yeas and The words of Frederick Douglass ut- nored. nays. tered more than 100 years ago I believe Let me end on a positive note. I am Mr. SANTORUM. I move to table the are very applicable to this discussion. appreciative of the subcommittee’s Durbin amendment, and I ask for the This is what Frederick Douglass said: work to provide $5 million in State De- yeas and nays. Find out just what any people will quietly partment monies for costs related to The PRESIDING OFFICER. Is there a submit to and you have found out the exact measure of injustice and wrong which will be the World Trade Organization Ministe- sufficient second? rial meeting which will be held in Se- imposed upon them, and these will continue There is a sufficient second. till they are resisted.... attle, WA. The President requested $2 The yeas and nays were ordered. We must continue our struggle to million and I am pleased Senator The PRESIDING OFFICER. The ban partial-birth abortion in this coun- GREGG and Senator HOLLINGS agreed to question is on agreeing to the motion try. We are debating a national ques- my request for a significant increase to table amendment No. 2319. The yeas tion that in my ways, is not unlike the for WTO expenses. I had hoped for some and nays have been ordered. The clerk issue of slavery, in part, because oppo- additional language to ensure that the will call the roll. nents of this legislation are truly using State Department reimbursed local- The legislative assistant called the artificial arguments to justify why cer- ities in Washington State for legiti- roll. tain people, in their opinion, have no mate WTO police and fire expenses. Mr. NICKLES. I annnounce that the legal status and no civil, social, or po- The WTO Ministerial will be the larg- Senator from Arizona (Mr. MCCAIN) is litical rights. Those opposing the par- est trade meeting ever held in the necessarily absent. tial-birth abortion ban imply that the United States, both the Federal Gov- The result was announced—yeas 61, almost-born child has no right to live. ernment and Washington State are nays 38, as follows: Clearly, the vast majority of the Amer- bearing significant costs to host the [Rollcall Vote No. 335 Leg.] ican people, and a majority of Congress world’s trade negotiators. I expect and YEAS—61 disagree. I will push the State Department to be Abraham Fitzgerald McConnell Every year the tragic effect of this responsive to the needs of local govern- Allard Frist Murkowski extreme indifference to human life be- ments in Washington State in the ex- Ashcroft Gorton Murray comes more and more apparent. We Bennett Gramm Nickles penditure of these additional monies. must ban this procedure. We must sim- Mr. JEFFORDS. Mr. President, I Bond Grams Reed Boxer Grassley Roberts ply say that enough is enough. REGG thank Senator G for recognizing Brownback Gregg Roth In my home State of Ohio, two tragic the need of three Vermont towns to up- Bunning Hagel Santorum Burns Hatch cases of partial-birth abortions did not grade, modernize and acquire tech- Schumer Campbell Helms go ‘‘according to plan.’’ Each reveals, Sessions nology for their police departments in Chafee Hollings in its own way, the unpleasant facts of this Conference Report. Allowing these Cochran Hutchinson Shelby Smith (NH) this horrible tragedy of partial-birth police departments to improve their Conrad Hutchison Coverdell Inhofe Smith (OR) abortion. technology will permit them to in- Craig Inouye Stevens On April 6, in Dayton, OH, a woman crease the efficiency and effectiveness Crapo Jeffords Thomas went into the Dayton Medical Center of the services they provide. DeWine Kyl Thompson to undergo a partial-birth abortion. Reflecting the needs of the police de- Domenici Lautenberg Thurmond Dorgan Lott Voinovich This facility is operated by Dr. Martin partments, the $1 million in technology Enzi Lugar Warner Haskell, a pioneer of the partial-birth funds for these three towns should be Feinstein Mack abortion procedure. Usually this proce- divided on the following basis: one-half NAYS—38 dure takes place behind closed doors, ($500,000) to the Burlington Police De- Akaka Edwards Lincoln where it can be ignored—its morality partment, one-third ($333,000) to the Baucus Feingold Mikulski left outside. Rutland Police Department, and one- Bayh Graham Moynihan But, this particular procedure was sixth ($167,000) to the St. Johnsbury Biden Harkin Reid different. Here is what happened. Bingaman Johnson Robb Police Department. Again, I appreciate Breaux Kennedy The Dayton abortionist inserted in- his help in addressing the technology Rockefeller Bryan Kerrey Sarbanes struments known as laminaria into the problems these towns’ police depart- Byrd Kerry Snowe woman, to dilate her cervix, so the Cleland Kohl ments are facing. I look forward to Specter child could eventually be removed and Collins Landrieu Torricelli working with him to get this impor- Daschle Leahy killed. This procedure usually takes 3 Wellstone tant appropriations bill signed into Dodd Levin days. law. Durbin Lieberman Wyden This woman went home to Cin- Mr. LOTT. I ask unanimous consent NOT VOTING—1 cinnati, expecting to return to Dayton the conference report be agreed to and McCain for completion of the procedure in 2 or the motion to consider be immediately 3 days. But, her cervix dilated too laid upon the table. The motion was agreed to. quickly and so shortly after midnight, The PRESIDING OFFICER. Without Mr. DEWINE addressed the Chair. she was admitted to Bethesda North objection, it is so ordered. The PRESIDING OFFICER (Mr. Hospital in Cincinnati. The conference report was agreed to. HAGEL). The Senator from Ohio. The child was born. A medical tech- PRIVILEGE OF THE FLOOR f nician pointed out that the child was Mr. DEWINE. Mr. President, I ask alive. But apparently her chances of PARTIAL-BIRTH ABORTION BAN unanimous consent that Brittany survival were slim. After 3 hours and 8 ACT OF 1999—Continued Feiner be granted the privilege of the minutes, this baby died. The baby was Mr. LOTT. The upcoming vote will be floor for the duration of Senate consid- named Hope. the last vote this evening. Senators eration of S. 1692. On the death certificate is a space for who wish to debate the partial-birth The PRESIDING OFFICER. Without ‘‘Method of Death.’’ And it said, in the abortion issue should remain this objection, it is so ordered. case of Baby Hope, ‘‘Method of Death: evening for statements. The next vote Mr. DEWINE. Mr. President, I rise Natural.’’ That, of course, is not true. will be at 11 a.m. tomorrow morning this evening to, once again, strongly There was nothing natural about the relative to amendment No. 2321. urge my colleagues to vote to ban par- events that led to the death of this I thank my colleagues on both sides tial-birth abortion. Three times Con- poor innocent child. of the aisle and both sides of this issue gress has voted to pass legislation to Baby Hope did not die of natural for their cooperation. ban the barbaric practice of partial- causes. Baby Hope was the victim of

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12905 this barbaric procedure—a procedure Why? Why? Why does the baby have While we have this great technology, that is opposed by the vast majority of to be killed? while we have made such great ad- the American people. It is a procedure Opponents of this bill say that this vances, while we are saving so many that has been banned three times by an procedure is necessary when a fetus is innocent children, at the same time we act of Congress—only to see the ban abnormal. Now, I do not believe the have also perfected and created more overturned by a veto by the President condition of the fetus ever warrants and more savage ways of killing other of the United States. killing it. But, even abortionists and children, other babies who are the The death of Baby Hope did not take some opponents of this ban agree that same level of development. place behind the closed doors of an most partial-birth abortions involve I think we are destroying ourselves abortion clinic. The death of this baby healthy fetuses. The inventor of this by not admitting as a society that par- took place in public—in a hospital procedure himself, the late Dr. James tial-birth abortion is an evil against dedicated to saving lives, not taking McMahon, said ‘‘I think, ‘Gee, it’s too humanity. I believe there will be more them. This episode reminds us of the bad that this child couldn’t be adopt- and more horrible consequences for our brutal reality and tragedy of what par- ed.’ ’’ Nation if we do not ban this cruel pro- tial-birth abortion really is, the killing So, again, the question: Why does the cedure. As a friend of mine reminded of a baby—plain and simple. baby have to be killed? me, no culture can be demolished with- And, almost to underscore the inhu- Opponents of this bill say that this out the voluntary cooperation of at manity of this procedure—4 months partial-birth procedure is rare. But, least a number of its own members. We later, in my home State of Ohio it hap- again, that is not true either. Even the must stop and ask, to what depths has pened again. This time, though, some- director of the National Coalition of the American conscience sunk? When thing quite different occurred. Abortion Providers admitted that it comes to abortion, is there nothing Once again, the scene is Dayton, OH. there are up to 5,000 partial-birth abor- to which we will say no? Is there noth- This time on August 18, a woman who tion procedures in the United States. ing so wrong, so cruel that we will not was 25-weeks pregnant, went into Dr. Why? Why does the baby have to be say, as a society, we will not tolerate Haskell’s office for a partial-birth killed? this; we will not put up with this; this abortion. As usual, the abortionist per- Opponents say that this ban violates Roe v. Wade, and so it is unconstitu- is going simply too far? formed the preparatory steps for the Partial-birth abortion is a very clear barbaric procedure by dilating the tional. But, anyone who has read the matter of right and wrong, good versus mother’s cervix. The next day, August case knows that Roe declined to con- evil. It is my wish that there will come 19, the mother went into labor, and was sider the constitutionality of the part a day when my colleagues and I no rushed to Good Samaritan Hospital. of the Texas statute banning the kill- longer have to come to the floor, to de- This time, however, despite the mas- ing of a child who was in the process of bate this issue. I hope we have the sive trauma to this baby’s environ- delivery. And, the Supreme Court votes this year to not only pass the ment, a miracle occurred. By grace, again declined to decide this issue in partial-birth abortion ban, but also to this little baby survived, and so she Planned Parenthood v. Casey. override the President’s veto. We have now is called ‘‘Baby Grace.’’ Again, we must ask, why does the I am appalled by the fact that both of baby have to be killed? to do it. It is the right thing to do, be- these heinous partial-birth abortion at- Opponents say this bill is unconstitu- cause innocent children are dying tempts occurred anywhere, but par- tional because it doesn’t have a every day in America because of this ticularly because in my home State. ‘‘health exception.’’ First, the ‘‘health horrible, barbaric procedure. When I think about the brutal death of exception’’ is defined by Doe v. Bolton Let us ban this procedure which kills Baby Hope and then ponder the miracle so broadly as to make the ban unen- our partially born children, and let’s do of Baby Grace, I am confronted with forceable—effectively gutting the bill. it for our children. the question—a haunting question that We know that is how the courts have I thank the Chair, and thank my col- we all face—Why can’t we just allow defined the ‘‘health exception’’ in abor- leagues. I congratulate Senator these babies to live? tion legislation. Both sides of this de- SANTORUM for bringing this matter to Opponents of the ban on this ‘‘proce- bate fully understand that. the floor, and Senator SMITH, who has dure’’ say that this procedure is nec- The American Medical Association so long been a proponent of doing away essary to protect the health of women. itself has stated: with partial-birth abortion. We know from testimony that we heard There is no health reason for this proce- I yield the floor. in our Judiciary Committee that that dure. In fact, there is ample testimony to The PRESIDING OFFICER. The Sen- simply is not true. The American Med- show that all of the health consequences are ator from Alabama. ical Association says that this proce- more severe for this procedure than any Mr. SESSIONS. Mr. President, I dure is never—never—medically nec- other procedure used. thank the Senator from Ohio, Senator essary. In fact, many physicians have Further, the AMA concluded: DEWINE for his eloquent remarks that found that the procedure itself can The partial delivery of a living fetus for were delivered in such a way as to pose immediate and significant risks to the purpose of killing it outside the womb is touch the conscience of all of us. I join a woman’s health and future fertility. ethically offensive to most Americans and him in also thanking Senator Clearly, the babies did not have to be physicians. (New York Times, May 26, 1997). SANTORUM for his insightful, intel- killed in the Ohio cases I just cited. No. I ask my colleagues who wish to con- ligent, and passionate commitment to The babies were both born alive. One tinue to allow this heinous procedure ending this horrible procedure which, survived; one did not. by upholding the President’s veto, by any definition, is not good for this Why does the baby have to be killed? why? Why does the baby have to be country. Opponents of this legislation say that killed? Why do babies, inches away I also appreciate the leadership of this procedure is only used in emer- from their first breath, have to die? Senator BOB SMITH, who is here to- gency situations, when women’s lives Something is terribly wrong in this night. Senator SMITH started this de- are in danger. Again, from the testi- country when these babies continue to bate a number of years ago. I don’t mony that we heard in the Judiciary be killed. know if people thought he was even Committee, we know this is absolutely With the advent of modern tech- telling the truth about it or not. They not true. It seems strange that a 3-day nology, we can sustain young life in didn’t know it was really going on. But procedure would be used and the moth- ways we could not have just a few short as time has gone by, we have seen more er sent home if, in fact, we were deal- years ago. Those of us who have had and more that this procedure is hor- ing with an emergency. Nevertheless, the privilege of going into neonatal in- ribly true and much more common even abortionists say that the vast ma- tensive care units in our States have than we knew. jority of partial-birth abortions are seen the miracles being worked today This is a bipartisan effort, Repub- elective. Dr. Haskell, the Ohio abor- with precious, tiny children. Medical licans and Democrats. We have joined tionist, stated as follows: ‘‘And I’ll be science can keep babies alive who are together, and I think it is important quite frank; most of my abortions are only 22 weeks, 23 weeks, children who we work together to not just talk elective in that 20–24 week range.’’ before would simply not have survived. about this problem but to end it.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12906 CONGRESSIONAL RECORD — SENATE October 20, 1999 Some, I think, would prefer not The pro-abortion groups and others ter what you say. We are going to knowing about it. They do not want to have emphatically insisted that the allow these procedures to go forward be told the gruesome details of this total number of partial-birth abortions just as long as the abortionists wish to procedure; how a child, a baby, just 3 performed was small, and they were perform them and you, Congress, inches from birth, is deliberately and only performed in extreme medical cir- should never intervene in any aspect of systematically killed. That is not cumstances. Therefore, they say the it. something people want to talk about. Federal Government should not pass I don’t believe that is a rational ar- They cringe and wish it would go away. laws about it. But now we know the gument. It is not justified. This legisla- I wish the procedure would go away. truth. It has come out in dramatic tion is specific; it is directed to a pro- Unfortunately, it has not. It is so cruel, form. Their issue, that this procedure cedure that all good and decent people, so inhumane, and so unnecessary, I be- is rare and only for extreme cir- I believe, if they knew the facts and lieve this legislation is justified and cumstances, has plainly been estab- studied it, would know to be an unac- necessary to prevent it. lished to be false. ceptable procedure. It would ban one A number of people during this de- These claims were either manufac- procedure and it would not affect other bate have expressed concern about the tured or disseminated in an attempt to abortions. I think all good Americans life of the mother. I have heard this ar- minimize the significance of the issue. should be for it. I will be deeply dis- gument during my time on the Senate As reported in a 1997 front-page arti- appointed if the President of the Judiciary Committee, serving with cle in the Washington Times, Mr. Ron United States insists once again on Senator DEWINE and others. We have Fitzsimmons, executive director of the vetoing this legislation, which has the had a number of hearings on this sub- National Coalition of Abortion Pro- overwhelming support of the Members ject. viders—let me say that again, the exec- of Congress and the American people. I The bill, crafted by Senator utive director of the National Coalition don’t see how it is possible that we SANTORUM, provides for this contin- of Abortion Providers, who has been continue to come back to this floor gency. It would permit this procedure, traveling the country and saying these again and again over this issue. But it partial-birth abortion, but only ‘‘to procedures were rare—admitted, that is going to continue because the proce- save the life of a mother whose life is he had ‘‘lied through his teeth’’ about dure continues. Lives are being elimi- endangered by physical disorder, phys- the numbers of partial-birth abortions nated in a way that is unhealthy and ical illness, or physical injury, includ- performed. Mr. Fitzsimmons estimated not good for America. It is below the ing a life-endangering physical condi- ‘‘that up to 5,000 partial-birth abor- standards to which we ought to adhere. tion caused by or arising from preg- tions are performed annually and that I thank Senator SMITH, who is here, nancy itself.’’ they’re primarily done on healthy and Senator SANTORUM for their leader- These are the kinds of exceptions women and healthy fetuses.’’ ship and dedication to this issue. that are in this bill. Some may say, as That is a fact. That is what we are I yield the floor. most physicians do, that these excep- dealing with today. Those who would Mr. GRAMS. Mr. President, I offer tions are not necessary. It is never the oppose this procedure, I believe, are my support today of S. 1692, the Par- kind of occurrence that would justify not as concerned—or at least are not tial-Birth Abortion Ban Act of 1999, in- this procedure. But it is in this bill. It thinking clearly—when they suggest troduced by my colleague, Senator makes me wonder why those who are their opposition is based on their con- SANTORUM. Congress has twice passed concerned about the health of the cern for the health and safety of the legislation outlawing partial-birth mother are not able to read those mother. I say to my colleagues on both abortion, only to have it vetoed by the words and understand them. The truth sides of the aisle, how can we answer to President for fallacious reasons. It is is clear. This bill will not endanger the our children, our constituents, and oth- time that we close this shameful chap- life of the mother. ers if we allow children to be destroyed ter in our nation’s history during The fact is, the American Medical through this brutal partial-birth abor- which we have permitted the destruc- Association has noted that this proce- tion procedure? So I think if we are a tion of fully-formed, viable human dure is never medically necessary. It is nation that aspires to goodness, that beings in a most gruesome and not the kind of procedure we need to aspires to be above the course and to shockingly cold-hearted manner. If use. It is a convenient procedure that reach minimum standards of decency, there is a meaningful distinction be- abortionists have found they like to this legislation is needed. tween this abortion procedure and in- use. I don’t think it is necessary and it I find it very puzzling that there is fanticide, it escapes me. should be outlawed. such resistance to the banning of just I know that there is a certain numb- So there is broad bipartisan support this one brutal procedure. I ask myself, ing fatigue that sets in when we are for the bill from both pro-life and pro- what is it? I have heard it said that, forced to once again review the details choice people. I think that shows what well, the people who oppose partial- of the partial-birth abortion procedure. we are debating goes beyond the tradi- birth abortions do so for religious rea- But we must not let our aversion to the tional debate on abortion. This support sons, as if that is an illegitimate rea- particulars of the procedure cause us to exists because the partial-birth abor- son. Was it illegitimate for Martin Lu- turn away from addressing the cruel tion procedure deeply offends our sen- ther King to march for freedom based injustice of it. I commend Senator sibilities as human beings and as a peo- on his belief in the Scriptures? It is not SANTORUM for his persistence in pur- ple who care for one another, who an illegitimate reason if you have a re- suing this legislation. Congress must know that life is fragile and believe ligious motivation. But that has been a keep the pressure on President Clinton that people need to be treated with re- complaint about those who would ques- to stop opposing the bill and sign it spect and dignity and compassion. The tion this. into law. Declaration of Independence notes life, I have analyzed the opposition to this It is time for President Clinton to liberty, and the pursuit of happiness, partial-birth abortion bill and I can’t abandon the false claim that somehow those are ideals of American life. A see that it can be founded on law. I this bill would jeopardize the health of child partially born has those rights can’t see that it can be founded on a mother unless a so-called health ex- ripped from them in a most vicious science; the AMA says it is not nec- ception permitting the procedure is not way. essary. I can’t see that it can be found- added to the bill. President Clinton This is a dangerous policy. It is a ed on ethics. Certainly, it seems to me knows that the term ‘‘health’’ in the thin line, a thin thread that we are jus- that it is so close to infanticide—if not context of abortion has become so tifying a procedure that is so much in fact infanticide—that it is difficult broadly defined by the Supreme Court and, I think, in fact is infanticide. It is to see how it could be argued ethically. that it would strip this bill of any an unjustifiable procedure we are deal- Why is it? The only thing I can see is force, and would render the entire bill ing with. that there is a sort of secular religious meaningless. Former Surgeon General There has been a tremendous amount opposition to any control whatsoever C. Everett Koop has denounced this of debate on the number of partial- on abortion—we will never agree to false argument, asserting that ‘‘par- birth abortions performed each year. anything, any time, anywhere, no mat- tial-birth abortion is never medically

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12907 necessary to protect a mother’s health There is no question that any abor- sue continued to grow on her brain.’’ or her future fertility. On the contrary, tion is an emotional, wrenching deci- And as Barbara and her husband con- this procedure can pose a significant sion for a woman. No one would debate sulted other medical specialists and threat to both.’’ The American Medical this. And when a woman must confront prayed over the fate of their daughter, Association has also expressed support this decision during the later stages of Barbara remembers that ‘‘I was so for the partial-birth abortion ban, not- a pregnancy because she knows the afraid for my baby. I didn’t want her to ing that the Santorum bill ‘‘would pregnancy presents a direct threat to feel any pain in the last hours of her allow a legitimate exception where the her own life or health, the ramifica- life.... It wasn’t really life yet. She life of the mother was endangered, tions of such a decision multiply dra- wasn’t born.’’ thereby preserving the physician’s matically. Barbara remembers that ‘‘Loving the judgment to take any medically nec- We stand on the floor of this body baby was never part of the discus- essary steps to save the life of the day after day and pontificate on laws, sion. . .. Of course you would love the mother.’’ treaties, appropriations bills, and budg- baby no matter what was going on, dis- The bottom line is, the alternative et resolutions. But how often do we ability or healthy. I think sometimes bill that has been offered by the minor- really, truly consider how a piece of there’s a misperception about that, ity leaders in the past, and which we legislation will affect someone specific that love might be conditional based will likely see again, extends no real . . . a wife or a husband . . . a mother on whether it’s a perfect fetus or not.’’ protection at all to unborn children. or a father? And I don’t mean knowing This family in Maine is what the de- Again, the so-called health exception it how the budget numbers or appropria- bate today is really about—when does adopts essentially renders the bill tions will generally help our constitu- the State have the right to tell Bar- meaningless, and offers opponents to ents, I mean considering the very, very bara and her husband that they cannot the Santorum bill only a cosmetic, personal lives of our constituents. have the abortion they believe to be public relations cover to veil their This last March the Lewiston Sun the best medical procedure? A proce- dure that will protect her health and commitment that abortion should be Journal, a paper in my home state of her future fertility? At the very end of free of any reasonable restrictions. Maine, ran an article about a woman in To allow this partial-birth procedure Maine, one of the women that I was her story, Barbara tells the Sun Jour- to continue to be performed across our elected to represent, who had faced the nal that women who have abortions are land cheapens the value of life at all heartbreaking decision of a late-term unfortunately ‘‘portrayed as some kind of careless monsters without any kind stages, for the unborn, the physically abortion. Before I tell my colleagues of moral direction. The people who handicapped, and the feeble elderly. her story, I ask unanimous consent know me would be aghast that that’s Our government must affirm life and that this article be printed in the how I’m seen by people who don’t even not let our civil society decay into a RECORD at the conclusion of my re- know me.’’ mentality that only the strong and marks. I stand before this body today and I The PRESIDING OFFICER. Without self-sufficient should survive and the am saddened that there are those out objection, it is so ordered. weak can be considered expendable. there who would so judge Barbara and President Clinton once said that he (See Exhibit 1.) her husband. Because I do believe they wanted abortion to be ‘‘safe, legal, and Ms. SNOWE. Mr. President, Barbara have moral direction—and I don’t be- rare.’’ He has worked very hard to keep and her husband had been ecstatic lieve that I or my fellow Senators it ‘‘legal,’’ in the sense of being com- when they discovered that they were should be able to tell them when a de- expecting a child—an unborn daughter pletely free of any restrictions. It is cision such as this is wrong or medi- they would name Tristan. But this an- now time for Congress and the Presi- cally inappropriate. I don’t believe that ticipation and delight turned to pro- dent to make the partial-birth method I have the medical training necessary found sorrow when, at 20 weeks into of abortion truly rare by passing and to decide when one type of medical pro- the pregnancy Tristan was diagnosed signing S. 1692. cedure is best used over an alternative Ms. SNOWE. Mr. President I rise with a rare genetic disease called procedure. today to oppose the so-called ‘‘Partial Edwards’ syndrome. An extra chro- And let there be no doubt about it, Birth’’ Abortion Ban. mosome in Tristan’s DNA had caused this legislation does nothing but create In 1973 the Supreme Court held that lethal abnormalities. an inflammatory political issue. This women have a constitutional right to The Sun Journal reports that ‘‘Their legislation does nothing to end an abortion. That decision—Roe v. daughter would have severe heart and postviability abortion—nothing—or to Wade—was carefully crafted to be both gastrointestinal problems, they were prevent unwanted pregnancies. And balanced and responsible while holding told. In an ultrasound image, they courts around the country have recog- the rights of women in America para- could already see cystic tissue forming nized this. mount in reproductive decisions. This on top of Tristan’s brain and partly In fact, of the 30 states that have en- decision held that women have a con- outside of the skull tissue. The shape acted legislation banning so-called stitutional right to an abortion, but of her stomach and diaphragm muscle ‘‘partial birth’’ abortions, there have after viability, states could ban abor- were abnormal. Her diaphragm was been 21 court challenges and 19 of these tions as long as they allowed excep- perforated. Her stomach was growing challenges have been either partially tions for cases in which a woman’s life in her heart and lung cavity. In all or fully enjoined while their constitu- or health is endangered. likelihood Tristan wouldn’t be born tionality is considered. Four U.S. The legislation before us today is in alive. She probably would suffocate be- Courts of Appeal have ruled on the direct violation of the Court’s ruling. fore that because her lungs would be so issue—and just this September, the It does not ban postviability abortions underdeveloped. Barbara and her hus- U.S. Court of Appeals for the Eighth as its sponsors claim, but it does ban band were told that no surgery could or Circuit affirmed three trial court in- an abortion procedure regardless of would be possible.’’ In fact, doctors pre- junctions on partial birth abortion where the woman is in her pregnancy. dicted that Tristan would probably die bans in Arkansas, Iowa, and Nebraska. And this legislation, as drafted, does before she was born. And if not, she had When the Kentucky District Court not provide an exception for the health a 95 percent chance of dying before her overturned its State’s ban on these so- of the mother as required by law, and first birthday. called ‘‘partial birth’’ abortions this provides a very narrow life exception. Barbara told the Sun Journal that year, the author of the decision, the In fact, the legislation’s exception only ‘‘It seemed to us that it would be cruel, Honorable John G. Heyburn, II, said allows that the ban, and please let me that it would be absolute torture to put ‘‘By adopting a considerably less pre- quote from the bill here, ‘‘shall not our little girl through the pregnancy. cise definition of a partial birth abor- apply to a partial-birth abortion that . . . With her heart and her lungs being tion, the legislature not only defined is necessary to save the life of a moth- crushed by her stomach and her dia- the terms of its prohibition, but also er whose life is endangered by a phys- phragm. We were worrying what it said a lot about its own collective in- ical disorder, illness, or injury.’’ Not would feel like. What sensation she tent. Though the Act calls itself a par- her health, but only her life. might be experiencing as the cystic tis- tial birth abortion ban, it is not. The

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12908 CONGRESSIONAL RECORD — SENATE October 20, 1999 title is misleading, both medically and EXHIBIT I Barbara imagined it was ‘‘crying as deeply as historically. . . . A few [legislators] [From the Lewiston (ME) Sun Journal, Mar. I was because that day I was losing Tristan.’’ 7, 1999] She wandered around the halls of the hos- seem to disregard the constitutional pital guided by her husband’s hand on her ABORTION: ONE WOMAN’S STORY arguments and push for language elbow. She remembers staring at signs, but which they believed would make abor- (By Christopher Williams) not understanding their meaning. Studying tions more controllable.’’ For weeks Barbara and her husband had the words, she didn’t know what she was consulted medical experts and researched reading. And though proponents of this legis- scientific journals. They meditated and In the waiting room, she shook uncontrol- lation claim that these bans address prayed. lably and kept breaking into sobs, consoled only one abortion procedure, courts To the visible mound protruding above her by her husband. have disagreed. Last year, the Honor- waist Barbara spoke quietly, lovingly. She ‘‘I couldn’t stop them. I kept trying to able Charles P. Kocoras, a U.S. District sang to it. She sometimes felt the light flut- think of anything to shut down the tears. ter of kicks. Sitting in that waiting area. Just kept cry- Judge for the Northern District of Illi- The day before final tests had confirmed ing and waiting.’’ nois, also struck down an Illinois law the diagnosis, Barbara and her husband had A nurse’s clipboard recorded Barbara’s de- banning these so-called partial birth named their unborn daughter Tristan, which meanor as ‘‘appears emotional.’’ abortions. In his opinion Judge means tears and sadness. The abortion took 45 minutes. She asked Kocoras stated that, ‘‘[The Act] has the Then the time came for Barbara’s decision. for general anesthesia. Then she spent about an hour recovering before she was allowed to potential effect of banning the most It’s not the kind of choice that any mother ever wants to have to make. leave the hospital. common and safest abortion proce- She would have an abortion. Driving back to Camden, she reclined in dures.... To ensure that her conduct ‘‘I didn’t feel like I was taking my baby’s the seat, putting her feet on the dashboard. does not fall within the statute’s reach, life away,’’ she says ‘‘I felt like it had al- It was raining even harder. the physician will probably stop per- ready been taken away from her. And all ‘‘The sky was so dark. And it was only that was left for me to have any control over mid-afternoon, early evening. It was much forming [all] such procedures.... Be- darker than it should have been.’’ cause the standard in [the Act] effec- was what was going to be the least painful for her.’’ GRIEF tively chills physicians from per- QUALITY OF LIFE But that was just the beginning, Barbara forming most abortion procedures, the It was the last day of summer. says. statue is an undue burden on a wom- For the next two years, she cried every Barbara made the 21⁄2-hour trip from her an’s constitutional right to seek an Camden home to Portland. She rocked all day. The first year, several times a day. ‘‘I don’t mean light crying, where you can abortion before viability.’’ night in a motel room, crying, unable to sort of keep it back. I mean it would kind of stop. And this year, the Honorable G. well up from my center and it just didn’t At 20-weeks, Tristan had been diagnosed seem to stop. It seemed to be bigger than the Thomas Porteous, writing for U.S. Dis- with a rare genetic disease called Edwards’ person who’s doing the crying. There was so trict Court for the Eastern District of syndrome. An extra chromosome had caused much grief over the baby I’d hoped for,’’ she Louisiana said that the Louisiana ‘‘lethal’’ abnormalities. Doctors said Tristan would probably die says. ‘‘Partial Birth’’ Abortion ban ‘‘ad- She wasn’t grieving her decision to have before she was born. If not, she had a 95 per- vances neither maternal health nor po- the abortion, Barbara says, ‘‘That’s a very cent chance of dying before her first birth- tential life and clearly would create important distinction,’’ That decision was day. No surgical options could correct the the ‘‘most humane choice possible for Tris- undue burdens on a woman’s right to multiple birth defects. choose abortion. At most, the Act may tan.’’ ‘‘It seemed to us that it would be cruel, Instead, she was grieving for the child she force women seeking abortions to ac- that it would be absolute torture to put our didn’t have. cept riskier or costlier abortion proce- little girl through the pregnancy,’’ Barbara ‘‘I had so much grief for the baby that I dures which nevertheless result in fetal recalls. ‘‘With her heart and her lungs being had fantasized about. A vibrant, healthy lit- death.’’ crushed by her stomach and her diaphragm. tle girl. We were worrying what it would feel like. For the two years following her abortion, Riskier or costlier? At what price? What sensation she might be experiencing as Barbara was treated by a therapist who Can you ask Barbara and her husband the cystic tissue continued to grow on her helped her to work through the grief. to risk that? They desperately wanted brain.’’ She decided not to join the support groups their baby—and though they were As Barbara continued rocking in her motel for parents who suffered the loss of babies room, cramps from medicine preparing her faced with losing her they knew that due to stillbirth, miscarriage or ‘‘other for the abortion gripped her insides. means,’’ as if it’s a ‘‘dirty phrase’’ to say they would want to try again. Four ‘‘I was so afraid for my baby. I didn’t want abortion. years later they have a beautiful 21⁄2- her to feel any pain in the last hours of her Yet, Barbara says she is ‘‘very careful’’ year-old daughter. But they would not life,’’ she says adding, ‘‘It wasn’t really life about revealing the details of how her preg- have this daughter nor even had the yet. She wasn’t born.’’ nancy ended. chance to try again had Barbara been She also was ‘‘grateful’’ that she didn’t ‘‘By and large most of the people I’m close live in a state that would ‘‘force me to carry with I would describe as moral, ethical peo- forced to have a procedure that threat- her to term because I knew at that moment, ple and without exception they were all sup- ened her ability to have another child. in those hours, that if I had, I probably portive about the decision we had made, What if the riskier or costlier proce- would have cracked up.’’ which is not to say they would have done the dure Judge Porteous referred to had The strain would likely have landed end of same thing,’’ she says. been a total hysterectomy? the process. To have done that, feels to me, ‘‘But they seemed to inherently under- like it would have been the epitome of self- stand that if you’re not in the situation, how Is this what we really want? To put ishness.’’ could you possibly know all the ins and outs Barbara’s health and life at risk? To The last few days, Barbara had been jolted of the circumstances and come up with the put women’s health and lives at risk? awake by nightmares, including ‘‘ghastly universal which is right and which is wrong, Shouldn’t these most critical decisions images.’’ In one of the dreams, a python had a cookie-cutter answer for someone else’s be left to those with medical training, devoured her youngest niece. baby.’’ The dishes had piled up in the sink. House- FEAR and not politicians? work was forgotten. Tristan was the only Four years later, Barbara sits on the couch thing they talked about. I believe so. I believe that a decision in her cottage overlooking the water. Her THE ABORTION such as this should only be discussed legs are tucked under her and her 21⁄2-year- between a woman, her family, and her The abortion was scheduled for Sept. 23, old daughter is asleep on her breast. physician. I am absolutely and fun- the first day of fall. Outside, in the garden, a dark gray angel damentally opposed to all post-viabil- There was only one place in Maine where cherub perched on the edge of a scallop shell an abortion could be performed in the 20th keeps watch. ity abortions except in the instances of week of a pregnancy. A week after the abortion, Barbara and her preserving the life of or preventing Barbara would have a procedure called a husband bought the sculpture, which doubles grievous physical injury to the woman. dilation and extraction. Her cervix was slow- as a bird bath. Each summer, they plant This legislation neither provides for ly dilated. Then the fetus was extracted. The marigolds around it and a bleeding heart be- those exceptions nor does it prevent method would be less damaging to her uterus hind it. post-viability abortions. and therefore to her future fertility. On the first day of November every year, Rain poured down. By noon the sky had they sprinkle marigold petals from the gar- I yield the floor. darkened, turning an eerie greenish yellow. den to the steps of the house. It’s a Catholic

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12909 tradition in Mexico performed during the would include provisions to protect cumstances. I have specifically voted day of the dead, she explains. The petals are women’s physical health. This inten- for the Daschle amendment last Con- intended to lead Tristan back to hearth and tionally polarizing approach is the rea- gress, legislation which exactly re- home. Barbara learned of the ceremony when son people suspect that the objective of flects this position. The Durbin amend- she lived in New Mexico and made frequent trips over the border. the bill is to further a political issue ment contains similar language. Their daughter knows about Tristan. rather than change the law. The Durbin amendment goes farther Sometimes she wanders over to the angel, I am concerned that S. 1692 will not than the Daschle amendment in ensur- talking to the statute and stroking its stop a single abortion late in preg- ing that the exceptions to the ban on smooth stone surface. nancy. The bill, by prohibiting only post-viability abortions are properly ‘‘She knows there was a baby named Tris- one particular procedure, creates an in- exercised. It requires a second doctor tan who wasn’t born, who was in mommy’s centive for an abortion provider to to certify the medical need for a post- tummy,’’ Barbara says. switch to a different procedure that is Barbara asked that her last name not be viability abortion. The second doctor used, fearing harassment or intimidation by not banned. The Durbin alternative requirement is intended to ensure that those who disagree with her decision to seek amendment would stop abortions by post-viability abortions take place an abortion. any method after a fetus is viable, ex- only when continuing the pregnancy She sees a growing threat to abortion ac- cept when serious medical situations would prevent the woman from receiv- cess around the state. A citizens’ petition dictate otherwise. ing treatment for a life-threatening aimed at ‘‘partial birth’’ abortions is clearly I am supporting the Durbin amend- condition related to her physical an attempt to further erode reproduction ment because it recognizes that, in rights, she says. health or would cause a severely debili- Although she and her husband collected all some circumstances, women suffer tating disease or impairment to her of the information about Tristan and dis- from severely debilitating diseases spe- physical health. cussed the options for weeks, Barbara says cifically caused or exacerbated by a The Durbin alternative amendment he recognized who had to make the final pregnancy or are unable to obtain nec- strikes the right balance between pro- choice. essary treatment for a life-threatening tecting a woman’s constitutional right ‘‘He was being very clear that ultimately condition while carrying a pregnancy to choose abortion and the right of the it was my body that we were talking about.’’ to term. The exceptions in the Durbin But others don’t. state to protect future life. It protects ‘‘Today, we’re portrayed as some kind of amendment are limited to conditions a woman’s physical health throughout careless monsters without any kind of moral for which termination of the pregnancy her pregnancy, while insisting that direction. The people who know me would be is medically indicated. It retains the only grievous, medically diagnosable aghast that that’s how I’m seen by people option of abortion for mothers facing conditions could justify aborting a via- who don’t even know me.’’ extraordinary medical conditions, such ble fetus. Both fetal viability and wom- Mr. FEINGOLD. Mr. President, I as: breast cancer, preeclampsia, uterine en’s health would be determined by the want to take the opportunity to state rupture, or non-Hodgkin’s lymphoma, physician’s best medical judgement, as my position on S. 1692, and to explain for which termination of the pregnancy they must be, in concurrence with an- the reasons why I will again oppose may be recommended by the woman’s other physician. this legislation. physician due to the risk of grievous I hope, as we vote today, we do so in I respect the deeply held views of injury to the mother’s physical health full knowledge of the strong feelings those who oppose abortion in any cir- or life. In contrast, S. 1692 provides no about this issue on all sides. We should cumstances. I have always believed such exception to protect the mother respect these differences, avoid efforts that the decisions in this area are best from grievous injury to her physical to confuse or trick each other and the handled by the individuals involved, health. At the same time, by clearly public, and maintain a level of debate guided by their own beliefs and unique limiting the medical circumstances that reflects the importance of circumstances, rather than by govern- where post-viability abortions are per- ascertaining the truth about this issue ment mandates. mitted, this legislation prohibits these and finding responses that are sensitive Second, like most Americans, I would procedures in cases where the mother’s and constitutionally sound. prefer to live in a world where abortion health is not at such high risk. The PRESIDING OFFICER (Mr. is unnecessary. I support efforts to re- I also feel very strongly that Con- BROWNBACK). The Senator from New duce the number of abortions through gress should seek to restrict abortions Hampshire is recognized. family planning and counseling to only within the constitutional param- ORDER OF PROCEDURE avoid unintended pregnancies. eters set forth by the U.S. Supreme Mr. SMITH of New Hampshire. Mr. I support Roe v. Wade, but I also un- Court. I would have preferred that S. President, I ask unanimous consent derstand that some restrictions on 1692 had been reviewed by the Judici- that immediately following my re- abortion can be constitutional when ary Committee on which I serve, rather marks there be a period for the trans- there is a compelling State interest at than having been placed straight on action of routine morning business. stake. I have previously voted to ban the Senate calendar. I believe S. 1692 The PRESIDING OFFICER. Without post-viability abortions unless the raises significant constitutional ques- objection, it is so ordered. woman’s life is at risk or the procedure tions, and with court decisions in 19 of Mr. SMITH of New Hampshire. Mr. is necessary to protect the woman from the 21 states where state legislation President, I thank my colleagues, the grievous injury to her physical health. similar to S. 1692 has been challenged, Senators from Ohio, Mr. DEWINE, and That is why I will vote for the Durbin the Judiciary Committee should have Alabama, Mr. SESSIONS, for their kind alternative to S. 1692. I conduct a Lis- reviewed this bill prior to its consider- remarks. It has been a long, long strug- tening Session in every one of Wiscon- ation on the Senate floor. gle, and we are still not there yet. It is sin’s 72 counties every year. In 1997 and S. 1692, by prohibiting a procedure very frustrating to this Senator, who 1998, hundreds of Wisconsin citizens whenever it is used, breaches the initially came to the floor in the mid- came to talk to me about their serious Court’s standard that the government 1990s, the early 1990s, in 1994 and 1995, and sincere concerns that, in some does not have a compelling interest in where I found out these kinds of proce- nearby states, abortions are being per- restricting abortions prior to fetal via- dures were occurring, the so-called par- formed very late in pregnancy for rea- bility. However, I am also aware that tial-birth abortions. I was shocked and sons that they believe are not medi- some of the recent decisions on state I could not believe that in America we cally indicated. I support legislation legislation similar to S. 1692 raises would be doing anything like this. This that will actually reduce the total questions about whether an exception is America, I thought, we can’t be kill- number of late-term abortions while for grievous physical injury may be too ing children inches from birth. It providing reasonable exceptions when narrow. To date I have supported this makes no sense. necessary to deal with serious medical very narrow definition of the exception So I sought answers and talked to a situations. I am disappointed that the necessary to protect the physical number of people, including a nurse proponents of S. 1692 have steadfastly health of the woman while balancing who had witnessed them. After getting refused to accept any amendment, no concerns that abortion late in preg- all of that information together, I de- matter how tightly crafted, which nancy should only be used in rare cir- cided to write a bill banning partial-

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12910 CONGRESSIONAL RECORD — SENATE October 20, 1999 birth abortions. Here we are. Each time they want to do. I take it as a badge of I ask my colleagues and those who we have passed it here, it has been ve- honor. And I am glad to do it. may be watching out across America toed by the President of the United I got an incredible amount of flak tonight: If you saw an article in your States, regretfully. I think it has been from the media on this to the extent local paper tomorrow that said that all two or three times now. There will be that they have distorted what I said. It of the puppies and all of the kittens in another veto coming if we pass it is interesting to read ‘‘mainstream’’ re- your local SPCA that no one adopted again. But initially, when we started, spectable papers such as the New York were going to be killed tomorrow with we only had 25 to 35 votes on the floor Times and find that they cannot get it no anesthetics, with a needle to the because we were told it was only four right. We called a number of times to back of the head to suck out the brains or five times a year. Then we were told correct these papers and reporters to of those animals, what would be your it was maybe 15 times a year. As the tell them that the things they were reaction? I guarantee you there would years progressed, we found out this is saying I did I didn’t do. be people marching down in front of on demand and is not strictly for ab- For example, they said, as I indicated the SPCA, and it wouldn’t happen. But normalities at all but, rather, on de- earlier, that I waved a plastic fetus that is what we are doing to our chil- mand, for any reason, if a woman around on the floor of the Senate when dren. chooses to have such a procedure. it was a little medical doll. They did I know it is not pleasant to talk So it has been a long struggle. As I get the scissors right. They also then about. I don’t like to talk about it. listened to the debate—and I have been said I showed pictures of aborted chil- I wish I didn’t have to stand on the on the floor all day listening to my dren on the floor of the Senate, photo- floor of the Senate as some of the great friend, RICK SANTORUM, the Senator graphs, which was not true. I showed a orators and great Senators of all time from Pennsylvania, who has done such photograph of a child who had been have stood and debated the issues of an outstanding job on this issue. He is born prematurely and had lived. That, the day. Think about it, the issues of very passionate. You need to be pas- I did show. In fact, some of them went the Civil War, the issues of federalism, sionate on this issue. I don’t know how so far as to say that I actually showed and civil rights, all of the great issues anybody can come down on the floor of photographs of an actual abortion, of the day that have been debated right the Senate and talk about this issue which, again, was not true. They had a here with some of the greatest people— and not be passionate. We are killing heyday at my expense. I lived through John C. Calhoun, Daniel Webster, at unborn children who are in the process it all. I am proud of it. whose desk I sit—the great debates of exiting the birth canal. That is what People said, well, you know you that have taken place in here. Yet be- needs to be understood. I ask my fellow made a mistake, Senator, that almost cause this President refuses to stop Americans and my colleagues, don’t we cost you your election last time. You this procedure, we are down here now have better things to do than that here know you did all of this on the Senate again for the fifth or sixth time debat- in America? floor. ing this again trying to stop this hor- I am proud to say that I, to some ex- I would do it again. I am going to do rible, horrible procedure that kills un- tent, exposed this horrible procedure, it again right now for whatever time it born children. establishing that it did take place. I takes for me to make the point that I Why are we surprised, my fellow am proud to say that I exposed it for want to make tonight. Americans, when we pick up the news- what it is—infanticide, or murder. There are several points that I want paper and read somewhere that a moth- That is what it is. We are killing chil- to make. er flushes her child down the toilet or dren as they exit the birth canal, and One of them that I want to make is that somebody shoots somebody in we are putting all kinds of labels on that this is a disgusting, dark, horrible school? Why should that surprise you? this process. We are saying all kinds of game we are in, this abortion industry. What message are we giving to our things to cover up what is happening. I And somebody needs to take a flash- children? We are telling them every remember—how well I remember—the light or, bigger than that, a searchlight day: Children, you are expendable. You incredible amount of flack I got for and shine it into this industry so that are not important. Go to school today, standing on the Senate floor with a we find out exactly what is going on in Johnny. You be a good boy. While you plastic medical doll. The liberal press this abortion industry. It is not just are in school doing your class work, called it a plastic fetus. There is no partial-birth abortion. It is abortion in and then you come home to do your such thing. It was a medical doll. And general. homework, we are going to abort your with a pair of scissors, I demonstrated It is a dirty business. It is a profit- sister. how this process worked because I able business. There are people making Kids understand. They know what is thought the American people needed to money out there at the expense of going on. They are smarter than you know what was happening. young women, young mothers, who are think they are. They know what is I was terrorized, if you will, by the in a terrible dilemma. They are mak- going on. They read about this stuff. press, bashed, called a ‘‘right-wing ex- ing money on them. They hear it. Some of them are listen- tremist,’’ and ‘‘out of the main- We are going to find out, as I move ing to this debate right now. They stream.’’ Of course, those people who through my presentation tonight, that know what is happening. commit these acts of violence against we are going to be talking about some Yet as horrible as this procedure is, these children are not extreme in the things in this industry that aren’t too and as many times as so many people eyes of the media, which is fascinating. pleasant. It is not just that they are have been down on this floor, as my President Bill Clinton personally making money on the women. We will two colleagues a moment ago did, elo- came to my State, as did Vice Presi- get into that a little bit further in a quently discussing this issue and talk- dent Gore, as did Mrs. Clinton, and moment. ing about how horrible it is, as I have campaigned against my reelection in But I think most Americans, if they done, as Senator SANTORUM has done in 1996 on this issue. It was ugly; it was knew what was going on, would be dis- great detail over the years, as many nasty; it was brutal. But, you know, for gusted, appalled, sickened, and angry times as we talk about it, we still can’t every one of those arrows that I took, that such a brutal act as killing a child get enough votes to override the veto I said to myself, it is all worth it be- with scissors to the back of the head, of the President of the United States. cause these children can’t speak for with no anesthesia, in the act of birth, It is frustrating. I tried one time to themselves. They do not have the op- would go on in this America—defense- meet with the President of the United portunity to stand here on the Senate less in America, a defenseless little un- States personally on this issue. I asked floor. They don’t have a representative born child. We do it at random. We do him for 15 minutes of his time. I said, here unless we do it for them. They it 4,000 times a day, every day—not just I will go on the record, off the record, don’t get a chance to say I would like partial birth but abortions in general, with staff, without staff, personally, to be born. They don’t have that oppor- 4,000 of them every single day. We don’t with just you and me, whatever you tunity. know how many partial births. It want. Just give me 15 minutes. I So I am proud to take every arrow doesn’t matter; it is still the killing of couldn’t get it. He wouldn’t deal with they can throw, shoot, or whatever a child. me. He wouldn’t talk with me about it.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12911 This procedure that kills a child, as President Clinton’s claim that par- course of the radio show, she told Mr. you have seen it described—I will not tial-birth abortions are only under- Malone, the MC: This procedure was go through the description again—is taken to protect the mother from seri- not performed in order to save my life. legal in all 50 States of the United ous injury to her health has been con- This procedure was not performed in States of America. clusively proven to be false. When he order to save my life. In addressing the controversy over says that—and he will when he vetoes This procedure was elective. That is the partial-birth abortion method, the it—he is not telling the truth. In fact, considered an elective procedure, as National Abortion Federation has writ- the vast majority of partial-birth abor- were the procedures of all the other ten to its membership and said don’t tions are performed on perfectly women who were at the White House apologize for this process. Do not be on healthy women with perfectly healthy veto ceremony. the defensive for killing children this babies—that is the truth—80 to 90 per- Here again, President Bill Clinton is way because it is a legal procedure. It cent, perfectly healthy women, moth- using people and not telling the truth. is legal to do this. So don’t apologize ers and babies. The health-of-the-mother exception for it. When somebody says, oh, you The Nation’s leading practitioner of is so broadly defined, it would include know, you took scissors to the back of partial-birth abortion, Dr. Martin Has- the mother’s emotional health, let a head and you killed a little baby kell of Ohio, has been quoted exten- alone physical health. coming out of the birth canal, don’t sively today. He said in the American I don’t enjoy talking about this stuff apologize for that, they say. It is right Medical Association’s American Med- on the Senate floor. I don’t enjoy in their literature because it is legal. ical News: standing here and talking about the This is America. America, America, I’ll be quite frank. Most of my abortions fact we are killing our children. Who we sure need help. If we ever needed are elective, in that 20 to 24 week range. In does? If we don’t, it will keep on hap- God to shed his grace on this great my particular case, probably 20 percent are pening. Some in politics, some even in country, it is now. We are killing the for genetic reasons and the other 80 percent the Republican Party, the pro-life posterity that the Founding Fathers are purely elective. party in America supposedly, said we talked about—our posterity, our chil- That is the abortionist speaking. shouldn’t talk about this issue; it is dren. We are killing them every single That is not me. It is not some pro-life too controversial; let’s sweep it under day—not just with partial-birth abor- organization. That is the abortionist. the rug and try to be less tion but with all abortions—4,000 a day. He said 20 to 24 weeks; 24 weeks is a confrontational, be more together. Think of it: 4,000 abortions a day in 6-month fetus. I don’t believe we ever would have this country; 4,000 children—children. I want to share with my colleagues a ended slavery or segregation or any of Let’s use the correct term. phone call I received in my office a few the other great issues we resolved in Many of my opponents argue that months ago from a 9-year-old girl. She American history if we hadn’t talked this procedure is necessary to preserve said to me: Senator, I heard you were about it, if we hadn’t faced it. Suppose the health of the mother. I am going to very much pro-life. I want to give a Lincoln had said: I’m totally opposed dispel that myth in great detail in a message that I would like you to share to slavery, but my neighbor wants to little while. I hope you are listening with your colleagues and with the own a couple of slaves; that is OK with because it is a myth. It is not done for American people as you travel around me; I will not make a big deal out of it. the health of the mother; it is done for the country. So we can take that approach on the profit of the abortionist. She said: I want them to know that abortion and say, I’m personally op- President Clinton twice vetoed this I’m now 9 years old but my Mommy posed to abortion but my neighbor legislation with false and deceptive in- gave birth to me at 5 months; she was wants to have an abortion; that is OK formation and justification. 5 months pregnant, and I lived and am with me. How does partially delivering a living here to tell you and tell America that Somebody has to stand up for 4,000 child and then restraining it from babies at 5 or 6 months in the womb babies a day who are being killed in exiting the birth canal so that only the can survive. I’m glad my Mommy this country by all abortions. I don’t head remains in the womb possibly en- mind being that person, I will be very hance the health of a mother? didn’t pick that option. I have asked that question on the When somebody says we are not tak- honest. If that means I lose an election floor 100 times, and I can’t get an an- ing the lives of unborn children, we are somewhere, that is fine with me. I am swer. You have to understand now. The not taking the lives of people who have not here to compromise my views to child is exiting the birth canal. The an opportunity to be productive mem- win elections. I am here to lead, to abortionist is holding the child—actu- bers of our society, they are wrong. stand up on principle. Otherwise, I ally holding that child—in his or her At the White House veto ceremony don’t want to be here. Anybody who hands and forcefully stopping the head Mr. Clinton hosted the last time he ve- stands here and says they are afraid to from exiting the birth canal because toed the partial-birth abortion ban, he discuss this issue or won’t come down once the head exits the birth canal, it presented five women at a press con- here and discuss this issue because is a birth. It is a birth. ference whom the President said ‘‘had they are afraid they might leave ought What is he holding? Is that not a to make a lifesaving, certainly health to resign because they are not bringing child? What is that part of the body? saving but still tragic decision, to have dignity to this body. They should stand The feet, the legs, the torso, the shoul- the kind of procedure that would be up and passionately fight for what they ders, the hands, what is that? That is banned by H.R. 1833.’’ That is, the ban believe. not supposed to be a child? If the baby of partial-birth abortions. I will review in a few moments some turned around and exited headfirst, The President around this town and very dirty, disgusting little secrets you couldn’t do it because then it is around America doesn’t have the great- about the abortion industry in this born. est reputation for telling the truth, country. It doesn’t apply strictly to That is a pretty fine line. That is a and he didn’t tell the truth there ei- any one type of abortion; it applies to pretty fine line. They do that in the ther. Despite saying those five women abortions in general. It is not pleasant. name of the mother’s health? You have had health-saving partial-birth abor- It is not pretty. It is pretty graphic. got to be kidding me. tions, one of the women involved in the But I am going to talk about it because What is wrong with this country? press conference later publicly admit- the American people need to under- Where are we going? We have to stand ted neither her abortion nor those of stand what is going on. These children down here on the floor of this Senate any of the other four women was actu- don’t have a voice. They can’t ask for and protect and fight to protect the ally medically necessary. the opportunity to be born. lives of children, our children, killed in Two days after the ceremony, one of Imagine, since Roe v. Wade passed— this way every day in America, every the five women, Claudia Ades, appeared and we will have a vote on that very day. We can’t win because the Presi- by telephone on a radio show in Mobile, shortly, tomorrow, this infamous Roe dent will veto what we pass with about AL, and quotations from the interview v. Wade decision in 1973—40 million ba- 63 or 64 votes. He will veto it. We need appear in the May-June 1996 edition of bies have died in this country. I don’t 67 votes. the newspaper Heterodoxy. During the want anyone to misunderstand me lest

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12912 CONGRESSIONAL RECORD — SENATE October 20, 1999 I be accused of misusing facts. All she had her whole life ahead of her. it is probably in the vicinity of 15,000. abortions, including partial-birth abor- Pick any excuse, pick any reason. Pick I don’t know what the number is. tions—40 million babies. the one you like, but that is the rea- Whatever it is, it is too many. But hun- Have you ever stopped to think what son—convenience. It is a little incon- dreds, if not thousands, of young chil- some of those babies might have grown venient, isn’t it? I have raised three dren are gone, just because the Presi- up to be had they had the chance? I children. Sure, it is inconvenient. But dent of the United States refused to wonder if there is a President in that they are beautiful and I am sure glad I sign that bill; three votes short of an group. How about a doctor? How about have them, and I am sure glad nobody override. You talk about whether one a cure for cancer? Maybe there is a sci- made the decision to end their lives. vote means something or two votes entist who would cure breast cancer— I know many of these desperate mean something? You bet they do. If wouldn’t that be ironic—or cure any young mothers myself. I serve on the you are out there somewhere in Amer- type of cancer, or perhaps discover board of a home for unwed mothers. I ica and you think I am right, you some big secret in the universe, maybe have raised money for homes for unwed ought to take a look at who your Sen- even a Senator. Never to have a chance mothers. I have compassion for these ators are and see how they are voting to live their dream, never to have a mothers and for those who have gone on this because those votes are going chance to grow up, have a family, to through a horrible experience of having to cost lives. We are not talking about pursue their dreams—gone, down the an abortion, or struggling in terms of budgets. We are not talking about drain. They didn’t have a chance to whether to have the abortion or not, or taxes. We are not talking about things talk about it, didn’t have a chance to whether to give the child up for adop- such as that. We are not talking about even ask for mercy; they were just tion or to keep it. anything other than lives, American eliminated. I must say to any woman out there lives, little babies. Do the math. We have about 260 mil- listening to me tonight, any mother, Generically, without singling any- lion Americans. We have killed 40 mil- there are people out there who will body out, let me speak to those Sen- lion of them in the years since Roe v. help you. There are people out there ators out there who might be wavering. Wade, and we have people on this floor who will help you. You do not have to I know some of you have been strug- bragging about Roe v. Wade, what an have an abortion and you don’t have to gling with this vote for 4 years. You important decision it is and has been in listen to one side of the argument. Ask. know in your heart it is wrong to kill American history. You bet it is impor- If you want help, call my office; I will unborn children this way. You know it, tant; they are right about that. put you in touch with people who will but you have connections to the abor- We took the lives of 40 million of our help you. It would be my honor and tion industry, the National Abortion fellow citizens, 40 million people who privilege to do that. Don’t have an Rights League, and others. I know they never get a chance to pay Social Secu- abortion; have your child like I did, my pressure you. I know I get pressured on rity taxes or pay any taxes or build any wife and I. You will be glad you did the other side, too. I know what pres- bridges or buy any products or con- when you get down the road. You will sure is. We all do. But in your heart tribute any money to the U.S. Treas- be very glad you did. you know it is wrong. You can stop it. ury, if you want to put it in those You have other options available, op- Three more votes or four more votes terms, never, never had a chance. Mr. tions that will benefit you, that will here can stop this. We can save thou- President, 40 million children, one-sev- benefit your child. Choose adoption or sands of lives down the road—thou- enth of the entire U.S. population, one- choose to keep your child. There are sands. seventh, and we are killing them. people out there who want to love that Imagine, if you could, all those chil- You do not think we have some cul- child. In either case, adoption or keep dren who have died from just partial- tural problems in America? Unbeliev- your baby, choose life. I beg you to do birth abortion in the last 25 years com- able. I would like to ask all of you lis- that, please. Do it for yourself; don’t do ing here today. If they had the oppor- tening to answer this question silently it for me. Do it for yourself and for tunity to live, what do you think they to yourself: If you knew a woman who your baby. You will be glad you did. I would say? I don’t think they would be had three children born blind, two chil- promise you will. It will be tough for with those who say, no, we ought to dren born deaf, and one child born re- awhile but you will. have this process. I don’t think so. tarded, she was pregnant again and she All across the fruited plains of Amer- Maybe I am wrong. I have been wrong had syphilis, would you recommend she ica runs a river of abortion—blood. before. have an abortion? Answer to your- School shootings, we blame guns for Hold your grandchild in your arms, selves out there. I will give you a sec- that. After all, it could not possibly be or your child, and ask yourself: How ond. our fault. Babies born alive left in far removed is that grandchild or child Guess who you just killed? Bee- trash cans: A young woman who goes from the process that you are voting to thoven. That was Beethoven’s mother, into a restroom, gives birth to a child allow? A year? A month? Maybe you a pretty fair contributor, I would say, and throws it in the trash can can be have a newborn. Think about it. I have. to the arts of the world, and this coun- prosecuted for murder. If she had a par- According to the American Medical try. Who are we, Roe v. Wade? Who are tial-birth abortion 5 minutes before Association, the partial-birth abortion we to do that to the Beethovens, the that happened, it is all legal. Is there method is never medically necessary— potential Beethovens of the world? any difference in terms of the result, never medically necessary. According This is a sick society, for people to the child? It is still a child, isn’t it? to the Physicians’ Ad Hoc Coalition for stand down here and defend that, and Why are we here today? I just told Truth, partial-birth abortion is likened that is what we are doing. you a few moments ago. It is to outlaw to infanticide and is considered an ex- Mr. President, 95 percent or more of a cruel, inhuman procedure used for tremely dangerous procedure. all abortions are used for birth control, late-term abortions, a process so bar- Let me quote from these physicians: 1 or 2 percent of all abortions per- baric and so inhuman we would not The prolonged manipulation of the cervix formed are done because the life of the even do it to animals. We wouldn’t introduces a serious risk of infection and ex- mother was threatened or she was cessive bleeding. Turning the child inside the even think of it, I promise you. It is womb using forceps risks rupture or punc- raped or sexually abused by a member not being done to animals anywhere in ture of the uterus, infection, and hemorrhage of her family—a small minority. That the country. from displacing the placenta. Inserting the means over 38 million abortions oc- We fell three votes short last time to scissors—a blind procedure—risks cutting curred for a variety of reasons that boil override this President. I would give the cervix. down to one word—convenience. It is anything to have this President change That is one doctor. convenient. That is what it is, conven- his mind and not veto this. Do you re- Another one says: ience. The mother was too old, maybe alize how many children died since Beyond the immediate risks, partial-birth too young, in high school, maybe in then? We don’t really know. We know abortion can undermine a woman’s future college, had to work, didn’t have a hus- there are thousands who die from par- fertility and compromise future pregnancies. band, didn’t have a boyfriend; it wasn’t tial-birth abortions every year. If you Many pro-abortion advocates have in her best interests to have the baby; multiply that by 4 or 5 years, we know publicly stated their opposition to the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12913 partial-birth-abortion technique. War- A couple more: somewhere or some office that is not ren Hern, the author of the Nation’s [Abortion] is a difficult field from an emo- necessarily visible to her, is the har- most widely used textbooks on late- tional aspect. Some of us, and all of us, I sus- vester, the wholesaler, the person who term abortions, said: pect, to some degree or another, have emo- is going to take her baby, cut it into You really can’t defend it. I would dispute tional isolation and separation and distance pieces and sell it. any statement that this is the safest proce- from some of our social friends, certainly They are going to say: Oh, no, no, no, dure to use. from the community and from our profes- nobody is selling any babies. Listen to sional colleagues. This leads me to another dirty little what I have to say, and then you tell secret about the industry which is that George Tiller, abortionist, St. Louis, me. abortion clinics are losing doctors who MO. The wholesaler and the harvester is are willing to perform abortions. Do On the status of abortionists, Warren in the clinic. This poor woman, this you know what happens when you lose Hern says. mother, this woman who has probably the ability to perform abortions? You . . . status of [abortionists] is somewhere gone through unimaginable trauma, is lose the ability to make money. well below the average garage mechanic . . . now faced with this little secret be- patients do not value what we do. My colleagues on the left will assert cause she has to sign a waiver that al- that they are afraid they are going to Richard Hausknecht, abortionist, lows them to do it. get killed by a pro-life activist. That January 1998: You have the harvester now who is in has happened seven times, and it is It’s true that abortion providers are per- that building. Anatomic Gift Founda- seven times too many, but it has hap- ceived as not very good doctors—that they tion, Opening Lines—those are the pened. I have statements from the have no alternative so they do abortions, names of a couple of the wholesalers. that they cannot earn a living any other What happens? We will get into that media, the abortion industry, and the way. doctors themselves that say the reason Is that the kind of person you want in a few moments. abortion clinics cannot find doctors is to send a woman to because you want But here is the buyer over here. If because they are considered losers in to protect her health? you are pro-life, you will be pleased to the medical field. Another one. Merle Hoffman, presi- know, I am sure, that maybe a univer- Those of us who have been pro-life dent, Choices Women’s Medical Center, sity in your State, Government agen- who have been talking about this are Queens, NY, 1995: cies to which you are paying taxes, making a difference in some of these pharmaceutical companies, private re- The medical establishment has yet to wel- abortions. Abortionists are losers. come in abortion providers . . . searchers, and research organizations They are having such a tough time re- are buying body parts. cruiting abortionists. They are ac- Tom Kring, director, California Plan- How does this work? tively lobbying right now to force med- ning Clinic: Here is step 1. The buyer orders the ical students to perform abortions. Abortion has a stigma attached to it that fetal body parts from the wholesaler/ What happened to choice? It is very in- is increasingly scaring doctors and clinics. harvester. The buyer says: We need a teresting, isn’t it? I think, I say to my colleagues, one couple of eyes, or whatever. The abor- Listen to these quotes from the abor- of the reasons clinics are closing is be- tion clinic provides space for the tion industry. I am making these cause of the doctors. You cannot get a wholesaler and harvester in the clinic points because I want to lead you into good doctor. where that woman goes to procure the next issue of what is happening in Eileen Adams, former administrator fetal body parts. The wholesaler/har- the industry and why these things are for Park Medical Center in Illinois vester faxes an order to the abortion occurring and what you will see where which closed after 13 years of oper- clinic, faxes an order to the clinic, and I am leading you in terms of another ation: says: We need this, and we need this, ugly little secret, dirty little secret You cannot get a good doctor. and we need this. The wholesaler’s about what is happening in addition to Then she said: technician harvests the organs: Skin, the abortionists. Here is what Morris I hate to have that in the paper so the limbs, whatever, from aborted babies. Wortman, abortionist, Democrat and anti-abortionists would say they’ve won— Now, bear in mind how gruesome this Chronicle, 1992, said: but they did. really is. This is the abortion industry, Abortion has failed to escape its back-alley That is what Eileen Adams said. ladies and gentlemen. Here is a woman associations . . . [it is the] dark side of medi- A 1993 Boston Globe article had this coming into that clinic, thinking she cine . . . Even when abortion became legal, so say: needs an abortion. She is advised to it was still considered dirty. Opponents of abortion in New England may have it. And these people are sitting That was the abortionist. have lost the battle of public opinion, but around the room, the harvesters. When Joe Thompson, retired abortionist, they appear to be winning the war . . . there they are looking at that woman, there South Bend Tribune, December 26, 1992: are no longer enough doctors and hospitals is a living child there that has not been In obstetrics and gynecology, the term in some areas to provide abortions. aborted yet, and they are placing or- abortionist is a dirty word. With all that testimony from within ders for body parts—placing orders for Jean Hunt, former executive direc- the industry—dirty, yucky, not pro- body parts—before the child is even tor, Elizabeth Blackwell Center, Phila- tecting the health of the mothers—why dead. delphia, PA, Westchester Daily Local is it still going on? Because there is an- The wholesaler’s technician harvests News, November 26, 1992: other dirty little secret, and it is called the organs. Then the clinic ‘‘donates’’ Doctors today see abortion as a mud pud- fetal tissue marketing. We will take a fetal body parts to the wholesaler/har- dle not worth jumping into. look at this chart. vester, who in turn pays the clinic a David Zbaraz, abortionist, Wash- I want everybody to see what hap- ‘‘site fee’’ for access to the aborted ba- ington Post, 1980: pens in this dirty little secret of the bies. Then the wholesaler/harvester [Abortion is] a nasty, dirty, yukky thing abortion industry. I want my col- ‘‘donates’’ the fetal body parts to the and I always come home angry. leagues to know this is the abortion in- buyer. The buyer then ‘‘reimburses’’ Another: dustry in general, but abortion is abor- the wholesaler/harvester for the cost of . . . some residents are concerned about tion. There are different types of abor- retrieving the fetal body parts. We are being stigmatized for performing abortions tion. Partial-birth abortion is what is going to get into a little more detail on and feel they are likely to perform abortions on the agenda today. But fetal body this. once in practice. parts marketing is what I am talking You might say: This is a debate Abortionist Trent MacKay and An- about. about partial-birth abortion. What does drea Phillips MacKay, Family Plan- A woman comes into an abortion the sale of fetal tissue have to do with ning Perspectives, May and June, 1995. clinic. It could be Planned Parenthood. partial-birth abortion? Organized medicine has been sympathetic She goes into the clinic, and she is First, like partial-birth abortions, to abortion—not abortionists. talked to, advised to have an abortion. the selling of fetal tissue is immoral Carol Joffe, pro-abortion author, But what she may or may not know is and unethical. It is illegal. And it is a 1998. that inside that clinic in a little room reprehensible, dirty practice that is

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12914 CONGRESSIONAL RECORD — SENATE October 20, 1999 going on in the shadows of the indus- dent William Jefferson Clinton. It took to do you much good. So the D&E try. It is a practice I had never even effect on June 3, 1993. method is not real good for selling heard of. Again, I could not believe this But the lawyers went to work, as body parts. But that is one type of was going on. But it is. only lawyers can do. They found a abortion. Second, it is a practice that very loophole: How can we sell this tissue, The next is the saline abortion. This graphically shows how this industry make a profit at the expense of this occurs after the first trimester. The has gone far beyond the ethical bound- poor woman victim, and get it to re- abortionist injects a strong salt solu- aries that even most pro-choice Ameri- search, and hide it all by calling it re- tion into the amniotic sac and, over a cans would find repugnant. search? How do we do that without get- period of an hour, the baby is basically Third, like partial-birth abortion, the ting caught and getting our tails poisoned and burned to death in her industry has taken the practice of sell- thrown in jail? mother’s womb. That is the saline solu- ing fetal body parts, which is illegal That was the question. So they found tion. So now I ask you again, if you are under Federal criminal law, and cre- it in section D(3) which: selling body parts, and the buyers want ated a loophole to allow them to do it. . . . allows reasonable payments associated good body parts, good condition, that In partial-birth abortion, they use with the transportation, implantation, proc- is not going to do a lot of good. That is the head loophole. In other words, what essing, preservation, quality control, or stor- not going to make your product very I mean by that is: Arms, feet, body, age of human fetal tissue. marketable. That is probably not a neck, heart, toes. That is not birth. That is the loophole I just read out of good method either. That is not the baby—until the head the book. The next one is a little more gro- comes into the world. Then it is a But because there is no documenta- tesque, if you can imagine that. This is baby. Really? It is a legal mumbo tion, no disclosure, no government called the dig method, or digoxin meth- od. It is called harpooning the whale jumbo, as Senator SANTORUM talked oversight, this section has become a gi- about. It is a bunch of garbage. It gantic loophole to allow this industry inside the industry. You see, even in makes lawyers around the country to engage in the illegal trafficking of the industry they can’t even be re- very rich, and it allows these clinics to body parts of fetal tissue without any spectful to the child or even the woman in some cases, the mother. They use kill our children. prosecution. I am sure the legal team that came Mr. President, we need a big beam of terms such as that, ‘‘harpooning the up with the head loophole is very proud light to shine into this industry, to get whale.’’ The abortionist inserts a nee- of themselves, just as we have the fetal into the darkness and find out what is dle containing digoxin into the abdo- harvesting loophole. In a sense, we call going on in this for-profit industry. We men of the woman. In order to make sure the doctor hits the baby and not it ‘‘donations’’ or ‘‘reimbursements’’ need some sunshine. We need it so the woman, which would be lethal for rather than selling parts. They are badly. I am not looking to get into the her as well, he must watch to see the both loopholes to hide the facts. medical records of individuals. That is Stabbing a baby in the back of the not what I am about. But I believe if needle begin moving wildly. And when it does move wildly, he knows he has head and sucking its brains out is ille- we are going to allow the use of fetal harpooned the whale and can push his gal; it is murder; it is infanticide— tissue from aborted fetuses —I mean needle all the way through and kill the whether that child is sitting in a play aborted fetuses for research, which I baby. This abortion procedure is prob- pen or whether that child is trying to believe we should not—if we are, we ably the least desired method for the exit the birth canal to become a mem- need at least a minimum of docu- body parts people because the baby’s ber of this world. But its head is con- mentation to ensure this tissue is not organs are, in essence, liquefied by this veniently, under this stupid legal defi- being sold in violation of Federal horrible poison. They are basically nition, ‘‘stuck’’ in the womb. And it is criminal law. worthless to the body parts market. Is partial-birth abortion used for not stuck; it is held there. And they Those are three types of abortions. call it medicine. We have people stand- this? I don’t know. Why not find out? They have nothing to do with partial- ing down here saying: This is medicine. Let’s shine the light in. Let’s talk birth abortion. I use these examples of We’re doing this for the health of the about a few things that might make three types of abortions to show you mother. Really? you think, however, that there is a they basically make the sale of body Let’s go back to the sale of fetal body link here. Your call. You listen. You parts worthless for the most part. parts. I have here the United States make your own determination. Some tissue I am sure they can use. Code. Here is what the United States Let us talk about dilation and evacu- So where are they getting these Code says: ation, the so-called D&E, for a mo- things? Ask yourself, what have we Prohibitions Regarding Human Fetal Tis- ment. This method, which is performed been talking about all day? How can we sue. during months 4 to 6, 6 months, is par- get a good specimen, a baby whose or- That is the topic. That is the heading ticularly gruesome in that the doctor gans are intact, a good cadaver? You right here in the United States Code. must tear out the baby parts with a can do it two ways. You could have a Purchase of tissue. It shall be unlawful for pliers-like instrument. Literally dis- live birth and kill it, or you could have any person to knowingly acquire, receive, or assembles it in the womb. It is hor- a partial-birth abortion, kill it that otherwise transfer any fetal tissue for valu- rible. No wonder they are angry when way, and damage only the brain so the able consideration if the transfer affects they get home and sick, sick before rest of the body is good for research. interstate commerce. they start. Then the nurse gruesomely Now, is this happening? Shine the Criminal penalties for such violations. has to take all these body parts of this In general, any person who violates sub- light in. There are going to be people section— child who was torn apart in the womb who say that I have made this link. I and reassemble them in a pan to be The one I just referenced— will tell you right now, I haven’t. I am sure they got it all. That is the first asking you to shine the light into this shall be fined in accordance with title 18, method. industry. Bring in the sunshine. Let’s U.S. Code, subject to paragraph 2, or impris- I will just ask you to think, as we go oned for not more than 10 years, or both. look in the clinics. Let’s find out what The term ‘‘valuable consideration’’ does through this, if you are in the business is going on. Are they being used? We not include reasonable payments associated of selling body parts, how is that going will take a look in a few moments at with the transportation, implantation, proc- to work with your buyer, if all the some of the things going on here. I ask essing, preservation, quality control, or stor- body parts are torn apart? I think you you whether or not you think they age of human fetal tissue. would say, well, probably it isn’t going might be getting these parts from some It is against the law, ladies and gen- to be much good. There might be some other source of abortion other than tlemen, my fellow Americans, and col- tissue, but if you need intact organs, partial-birth abortions. I don’t know. I leagues, it is against the law to do this. disassembling the organs ought to lead know one thing. It is a black market. And they are doing it every day to our you to believe, reasonably, I think, It is illegal. It is unreported, and it is children—every day. So 10 years in jail they are probably not very good. If you unregulated. If it is the last thing I do if you sell human fetal tissue. That was need a liver and it is all chopped up in before I leave this body, I will change signed into law, ironically, by Presi- this procedure, it is probably not going that. I am going to change that.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12915 The good news is abortion rates are Gestation: 12 to 16. Shipping: Wet ice. girl walks into a clinic and sits down down. That is good. But the problem is, Constraints: No known abnormalities. to wait. A fax comes in, and the fax because they are down and because the We don’t want any babies who have any contains a list of what body parts are doctors aren’t doing them, they have problems. Obtain tissue under sterile needed for that day. So here she comes. to make it up somewhere. The industry or clean conditions. She still hasn’t had the abortion. But has to make up the money. They have Let me ask you a question, col- they now have this list—the abor- to make it up. Where do they do that? leagues. In this filthy, dirty, disgusting tionist perhaps, but I don’t know; I By selling body parts. That is where business we are talking about, do you have not seen this. Perhaps he looks they make it up. It is really the dark really think you can get a perfect lung, through the glass window, and maybe side of the industry. with no cuts and no abnormalities, by there is a one-way glass. He looks out This is the testimony of a woman chopping up the child in the womb or into the waiting room and stares at her who calls herself Kelly, a fictitious putting all of this poison in the body, stomach and knows this is the very name. Kelly was working and received in the womb, in the embryonic sack? same child who is very much alive now, a service fee from the Anatomic Gift Or do you think it might be possible perhaps even moving and kicking; he Foundation, which is the wholesaler, that the best way to get a normal lung knows that child will be dead in a few the harvester, of these organs. is to bring a child through the birth moments, and they already have the Listen to what Kelly had to say. canal in perfect condition, damaging work order. They have already checked Kelly fears for her life. That is why only the brain, or perhaps even a live the charts, already know it is normal; Kelly is a fictitious name and why birth? Oh, you think that would not they already know what they need. Kelly is not being identified. happen? Well, we will talk about that They are already planning it all. ‘‘We were never employees of the in a little while. Oh, yes, it happens. If that is not sick, if that doesn’t abortion clinic,’’ Kelly explains. Look here: ‘‘Normal fetal liver.’’ A bother you, then, man, there is some- That is when they would sit in the normal fetal liver is not one filled with thing wrong with the people in this clinic, in this room, and the lady comes poison. It is not a liver that has been country—big-time wrong. in pregnant. chopped up. It is a normal fetal liver. After her abortion, in a matter of 10 ‘‘We would have a contract with the There aren’t too many ways you can minutes, if it is done then, that baby clinic . . . .’’ get a normal fetal liver in an abortion can be shipped on wet ice to research- Listen very carefully to what I am clinic. ‘‘Dissect fetal liver and thymus ers across the country, just like going saying. A woman comes in. I am sorry. and occasional lymph node from fetal into a supermarket and buying a piece I am confusing the stenographer. I will cadaver within 10 minutes of the time of meat. There are four illegal and immoral go through the quote first and then ex- it is extracted, and ship within 12 things happening with this issue. First, plain it. hours.’’ ‘‘No abnormal donors.’’ There is a whole lot of money in this as I said before, current law prohibits We were never employees of the abortion receiving any consideration, valuable clinic. We would have a contract with an business, folks. With abortions down, consideration, from the tissue of abort- abortion clinic that would allow us to go in they will charge a woman anywhere ed children for research purposes. This to procure fetal tissue for research. We from $300 to $1,000 for an abortion and is happening. So that is wrong. Viola- would get a generated list each day to tell us make several thousand dollars on the tion No. 1. what tissue researchers, pharmaceuticals parts of her child. But she doesn’t get and universities were looking for. Then we Secondly, it has been reported that, would go and look at the particular patient any of that money, you can bet on in fact, live births are occurring at charts. We had to screen out anyone who had that. these clinics. Oh, that is a dirty little STDs or fetal anomalies. These had to be the Let’s look at another work order. secret we don’t want anybody to talk most perfect specimens we could give these The National Institutes of Health gets about. Let’s not talk about that. It researchers for the best value that we could the delivery here. If you are pro-life, sell for. Probably only 10 percent of fetuses doesn’t happen a lot, but in 100 abor- you will be ‘‘pleased’’ to know they are tions it could be as few as 5, 6, maybe were ruled out for anomalies. The rest were getting some of this stuff. ‘‘I would healthy donors. 7, maybe 10 times—live births. Oh, boy, prefer tissues without identified anom- that is a real problem. What better way To capsulate, a woman is in the abor- alies; in particular, bone anomalies.’’ tion clinic, and basically they are eye- to get a good sample than a live birth? Let’s look at another one. This is It is the law of every State to make ing up the source. It is like a hunter just the tip of the iceberg. I could give every medical effort to save the life of going out and seeing, I guess in this you hundreds of these work orders. I that child. I am going to show you case, a trophy doe rather than a trophy am picking a few of them. proof that that isn’t done. It is not buck, and saying, there is a good speci- Now, this one is particularly dis- happening in every case. men there. I hope that baby is fairly turbing—as if the others weren’t. Here Thirdly, our tax dollars are being normal so I can sell the body parts. is the donor criterion on this. We are used to fund Planned Parenthood on And they looked at the patients’ charts talking about whole eyes. Now, the the one end to kill the children, and while this child was alive in the womb. donor criterion is that the child be NIH on the other end to do research on This girl might change her mind on ‘‘brain dead.’’ Think about that for a them. If you are pro-life, as I am, you whether to have this abortion, and no- minute. Why would you put that on won’t like it; I don’t like it. I am going body is helping her change her mind or there? Are we to assume this child is to do something about it if it is hu- asking her if she would like to change going to be delivered to them live? manly possible. her mind. Oh, no, we have a contract I assume if a child has been aborted In 1996, Planned Parenthood received here. We have a patient chart here. We and it is being sold, or provided, or do- $158 million in taxpayer dollars. Who have somebody looking at her, looking nated, or whatever it is, to some re- knows how much in addition is being at the trophy and then saying: Hey, search center, we ought to assume it is funneled through the valuable consid- this chart looks real good, this gal has dead. Well, they are not assuming it. eration loophole from NIH research what we want; she has a normal baby They are not assuming it at all. They labs. The taxpayers and Congress de- there. My goodness, a perfect specimen, are directing it: Make sure it is ‘‘brain serve an answer. The chart shows Fed- the most perfect specimen we could dead.’’ If anything else is moving, that eral funds supporting Planned Parent- find. So give the researchers the best is OK. Maybe the heart is beating, and hood Federation of America and its af- value we could sell for. Her words. that is OK. But make sure it is brain filiates, in fiscal year 1994, $120 million; Probably only 10 percent of fetuses dead, noncadaver, and post 4 to 6 hours, in 1995, $120 million; in 1996, $123 mil- were ruled out for anomalies; the rest any age. Again, no contagious diseases. lion. Add it all together. It is $158 mil- were healthy donors. So said Kelly. ‘‘Remove eye with as much nerve’’— lion. Let’s look at a work order. This is a they go into that. Federal Express— The fetal body parts industry is a big work order. Mailing address, shipping send it out. That is against the law. business, ladies and gentlemen, and it address, everything. OK. Tissue, fetal So let’s say a girl walks into a clinic is not being honest. Mothers are not lung; one or both from the same donor, and sits down to wait. I want to try to being given their consent forms some- 12 to 16 weeks. Preservation: Fresh. paint you a picture of what happens. A times. Sometimes they are. And the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12916 CONGRESSIONAL RECORD — SENATE October 20, 1999 wholesalers are not forthright about In a taped conversation with the Think about it. ‘‘We are profes- how they ship the babies, among other wholesaler, she says they do not buy sionally staffed and directed,’’ it says. things. These people are in the business the tissue. That is the way it works. ‘‘We have over 10 years of experience in of selling dead humans, so I guess That is really what happens. harvesting tissue and preservation. Our maybe we should not expect too much In a taped conversation with another full-time medical director is active in in terms of ethics. marketer of fetal body parts, they all phases of our operation. We are very There are two statutes that govern admit to try to get abortion clinics to pleased to provide you with our serv- fetal tissue research, and both statutes alter procedures to get better tissue, ices. Our goal is to offer you and your were passed as part of S. 1 in 1993, the which is a violation of Federal law. staff the highest quality, most afford- National Institutes of Health and Revi- This person then offers discounts for able, and freshest tissue prepared to talization Act of 1993. I was one of four being a ‘‘high volume’’ user, and that your specifications.’’ Senators who voted no, as usual, be- the buyer can save money by pur- Please tell me how you can do that if cause I don’t believe Government chasing their cost-effective, lower- it is simply a matter of taking an should be doing any research on in- range product. aborted child and sending it off to a re- duced abortions, aborted fetuses. Up Let’s look now at a chart offered by search laboratory somewhere. until 1992, we had a President, George Opening Lines, and you tell me if this My colleagues and American people, Bush, who agreed. But Bill Clinton isn’t a business transaction for profit. I don’t know what is going to happen changed all of that. But even President Bear in mind the sale of body parts is to this country. But I just want to Clinton, who signed the fetal tissue re- illegal. You are not supposed to receive recap for you what has happened here. search Executive order as one of the any consideration. Well, then maybe A woman comes into a clinic, an first acts of his Presidency, was unwill- you could tell me why—this is one of abortion clinic. She is pregnant. She is ing to accept the sale of fetal tissues. those wholesalers, Opening Lines. in trouble. She needs help. They al- Prior to 1993, there was a moratorium Maybe you could tell me why they ready have somebody who has read her prohibiting Federal funding of fetal tis- have a price list. Has anybody ever charts. They know her baby is normal. sue research. That was overturned by done any marketing before? They know it has no abnormal func- President Clinton by Executive order Look. You can get a kidney for $125. tions. They know they need to get that on January 22, 1993. And Senator KEN- You can get a spinal cord for $325. Then baby out of there quickly. They know NEDY introduced S. 1 to codify Clin- down at the bottom, it says prices in they can’t do damage to the cadaver. ton’s Executive order. Part of that was effect through December 31, 1999. That They cannot do damage to the fetus. because this ‘‘statute permits the Na- is a price list, ladies and gentlemen. I They can’t poison it. They can’t cut it tional Research Institutes to conduct suppose there will be somebody who because, to their specifications, they support research on the transplan- will come down here and say, ‘‘Well, need perfect eyes, or they need perfect tation of human fetal tissue for thera- Senator, that is not a price list. That is skin, or good lungs, even the gonads, peutic purposes.’’ The source of the tis- fee-for-service.’’ the ultimate. The poor little child just sue may be from an abortion where the That is what it says at the top. has no privacy here. Limbs, brains, spi- informed consent of the donor is grant- What is the service? You say: Well, nal, spleen, liver, all of it, price list, all ed. This statute allows for Federal you know it is expensive. You have to the way down—they have it all figured money to be used in fetal tissue re- take the brain out, or you have to take the spinal cord out. OK. We take the out. search. And you will see that NIH is in- And they have the gall to stand out volved in this. spinal cord out. I am not a doctor. I am here and tell you these clinics care for The second statute made it unlawful not going to pretend to be. I am not the women. They care for the profit. to transfer any human fetal tissue for going to make any reference to how valuable consideration. I talked about difficult that might be. They cannot make it because abortions this statute. In other words, it is ille- But let’s assume to remove a spinal are going down. They can’t charge gal to give monetary value to the var- cord from a child is a difficult oper- these women any more because they ious body parts being sold. And it is il- ation. They are charging $325 for the are too poor to pay. So they take it legal to profit from the sale. The guilty spinal cord. I would think it would be from their bodies, from the children. It receive fines and imprisonment for not safe to assume—I am not a doctor, but is a filthy, disgusting, dirty business, more than 10 years. As long as the tis- if you want to send an intact cadaver, and it needs to be exposed and elimi- sue is donated, it is OK. But large that doesn’t involve any research at nated. amounts of cash are changing hands. all. Does it? They don’t have to cut How much more should we tolerate Again, abortion clinics and the anything. We will just ship that along. in this country? How much more deg- wholesalers are making a killing—that But it cost $600. It doesn’t have any- radation must these children absorb is a sick pun, a killing—literally with thing to do with what the service is in and endure? the abortion and with the sale of terms of finding the spinal cord and Look at that list. Look at it and tell human baby parts. getting it out. It has nothing to do me that is fee-for-service—to your Listen to what one of the leaders of with it at all. specifications, your specifications. You fetal body parts marketing said in an I will tell you why this is $600—the give us the order, and we will make interview with a pro-life publication: cadaver. Because when they get the ca- sure you get perfect eyes that weren’t ‘‘Nearly 75 percent of the women who daver; they can get the spinal cord; hurt by any abortionist’s knife, or they chose abortion agree to donate the they can get the eyes; they can get the weren’t poisoned by digoxin, or saline. fetal tissue.’’ nose; they can get the ears; they can Oh, we will make sure. We will get you Granted, this organization claims to get the liver; they can get the thyroid, a live birth, if we have to, or a partial only operate out of two abortion clin- whatever they want. That is why it is birth, if we have to. We will get it for ics. But if you apply their statistic na- $600. That is why the price list is there. you because there is a lot of money in tionwide, for theoretical purposes, you You can even get a discount if you buy it. That is why we will get it. are talking about a lot of aborted ba- enough. This is a filthy, disgusting, dirty bies being sold for cold, hard cash. This is a dirty business. It is bad. It business. In addition, the consulting firm of stinks. People say: Oh, you are antiresearch. Frost & Sullivan recently reported The brochure boasts that it offers re- I am not antiresearch. If a woman has that the worldwide market for sale in searchers ‘‘the highest quality, most a miscarriage and wishes to donate tissue cultures brought in nearly $428 affordable and freshest tissue prepared that miscarried child to research, she million in 1996, and they predict that to your specifications and delivered in has every right to do that. I am market will continue to expand and the quantities you need when you need proresearch. will grow at an annual rate of 13.5 per- it.’’ The Department of Health and cent a year, and by 2002 will be worth Here is the copy of the brochure. I Human Services under President Bush nearly $1 billion. That is a whole lot of didn’t make it up. This is their bro- determined there was plenty of tissue money at the expense of these unfortu- chure, Opening Lines. This is what available through spontaneous abor- nate women. they said. tions and ectopic pregnancies to satisfy

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12917 research needs—plenty. But oh, no, we Christy, want to sign this? We want to movement by the name of Gianna have to get into this. We have to make send your 6-month old boy to be Jessen, who then was about 21, so she is up for the loss of revenue because, chopped up for medical research. Would probably 25, 26, maybe a little older thank God, abortions are starting to go you sign this?’’ now. She had been aborted. She was a down in this country. We have to make They say we don’t bother the women beautiful girl. She was aborted. There it up. Doctors don’t want to do them before. OK, can a woman who is in a 24- were 1,000 people at this event. She anymore. It is a dirty business, they hour-a-day coma sign a consent form? stood up and sang ‘‘Amazing Grace.’’ say. I’m sick when I go home. We are Can she? Here is the form. It is signed There wasn’t a dry eye in the place, in- going down a slippery slope, my fellow and she didn’t sign it after the proce- cluding mine. When it was all over she Americans. dure. She signed it before the proce- said: I want all of you to know some- I used to teach history. I used to tell dure and she signed it because they thing. My mother made a terrible mis- my kids in those classes: If you forget needed the body parts of her fetus and take because I wanted to live. If I had everything else I said, I want you to re- they wanted to make doggone sure had my choice, if I could have said, member you have a responsibility to they got them. They didn’t want any- spare me, I would have said that. I pass on America to your children, thing to get in the way of that. They didn’t, but I survived, and I am mean- hopefully in better shape than we gave didn’t want anything to interrupt that ingful. I just sang to you. And she said: her to you. If you do that, America will little profit they had coming, so they I love my mother and I forgive her. always be here; if you fail, we could just said we will get this signed by There is a lot more power in that lose it. Christy. than these people that run these clinics What message are we giving to our Maybe they should have taken a lit- that do this. children when we tolerate this—an tle time to counsel her. ‘‘Would you Why can’t we bring this debate to order form before the woman even has like to have some other discussion per- that level? There is no way to know the abortion. haps about adoption?″ how many live births actually occur. It Henry Hyde said: I deplore any med- We gave her that. OK, fine. happens in partial-birth abortions be- ical procedure that treats human How about the anesthesiologist. Did cause they are alive until they are exe- beings as chattel, personal property, as someone know what in the hell they cuted as they come through the birth canal. Feet first, they are executed; a subject fit for harvesting. The hu- were doing when they put this poor headfirst, they are born. Any dif- manity of every fetus should be re- woman under? ference? Maybe somebody can explain spected and treated with dignity and Oh, no, we have to get this, because not like some laboratory animal. it. this is money. Many of you may have heard of a Is that dignity? Is that respect? Here is what Christy signed: Let me tell a story about a girl name gentleman by the name of Eric Harrah. I grant permission to one of these agencies Christy. This is not a pleasant story. About 10 years ago he left the abortion and each of its authorized agents and rep- business. One night Eric and his staff These are the abortion clinics, there to resentatives to distribute and dispense tissue protect the mother and make her from the surgery. I release all my property were called to the clinic— remember, healthy again. She went in to have her and financial interests therein and any prod- he was an abortionist then—because a safe, healthy, legal abortion. Some- uct or process which may result therefrom. I pregnant girl had given birth in a thing went wrong. On July 1, 1993, read and I understand this document and I motel room. The baby was wrapped in Christy—fictitious name—underwent have been given the opportunity to ask ques- a towel. She had been given medication an abortion by John Roe, abortionist. tions. I am aware I may refuse to partici- to begin the process of dilation. So it pate. I understand I will receive no com- was wrapped in a towel and they After the procedure, Roe looked up to pensation for consenting to this study. find Christy pale with bluish lips and thought it was dead, so she came from no pulse or respiration. Christy’s heart As I said, if anybody thinks she the motel room carrying this little had stopped and there were no records signed it after the surgery, I will sell child in the towel. Eric, the abortionist, saw the baby’s that her vital signs were monitored you some ocean-front property in Colo- arm fly up and he screamed, ‘‘My God, during the procedure. Additionally, rado. They say they don’t bother them beforehand because they are too dis- that baby is alive.’’ Roe was not trained in anesthesia and The doctors sent Rick and the nurse the clinic had no anesthesia emergency traught, they are too emotional, or they don’t want to bring all this up. out of the room. When he came back in equipment or staff trained to handle a the baby was dead. A live birth? You complication. Paramedics were able to That is Christy. I saw a bumper sticker once that might ask yourself, did they take any restore Christy’s pulse and respiration, means to save the child? Or did they but she was left blind and in a perma- said: Abortion: One dead; one wounded. kill the child? Who knows? In either nent vegetative state. Today, she re- case, they let it die. quires 24-hour-a-day care and is fed Can’t sum it up any better than that. I have been in this business of doing through a tube in her abdomen. She is One dead and one wounded. And the research on this issue since 1984. I have not expected to recover and is being people who were in charge of the health been involved in the pro-life move- cared for by her family. Christy had a and safety of the mother in these cases ment. I have read, I don’t know how legal abortion on her 18th birthday. are more interested in the dead than many thousands of pages. What I am They took good care of her, didn’t the wounded because they are going to going to read to you now is the worst they? I have in my hand a consent form make a big profit. I have ever come across in everything that Christy signed. Do you know what Let’s talk about the dirtiest most and anything that I have read. I have they tell you in the industry? Ask disgusting secret of all. This is not never seen anything to equal it. I do them; don’t believe me. Ask them. pleasant. I had somebody from the Na- not understand how we can tolerate They say: We know the woman is in a tional Right to Life tell me today, be- this in this country, but it shows you terrible emotional condition when she lieve it or not—I won’t mention how sick we really are. We are sick. comes in, so we don’t always ask her to names— that we don’t have any evi- Oh, we are sick, collectively, believe sign these forms. We wait until after dence of any link here. Fine. I am not me. This is a story from Kelly. A short the procedure. asking anyone to tell me whether they paragraph, what she said. It is very dif- Is that so? Well, you have to do it think this is evidence or not. I am ask- ficult for me even to read it, but you within 10 minutes if you want to get ing everyone to make their own deci- need to hear it. some of these buyers for organs be- sions. I am not making any links. I am The doctor walked into the lab. This cause they say they need them in 10 or giving facts. Make your own links. is in an abortion clinic. Kelly is the 15 minutes from the time they exit the There is a little complication called wholesaler for the fetal tissue. She is birth canal; otherwise, they are no ‘‘live birth.’’ Uh-oh. Live birth. It hap- the person who has to take this fetus good in some cases. They have to do it pens. When it does, what happens? and do what has to be done to it to get quickly. So the poor girl is just coming I was at an award dinner several it to the supplier. out of the anesthetic. I know she is not years ago when a young woman who is The doctor walked into the lab and set a coming out in 10 minutes. ‘‘Here, known by many in the right-to-life steel pan on the table. ‘‘Got you some good

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12918 CONGRESSIONAL RECORD — SENATE October 20, 1999 specimens,’’ he said. ‘‘Twins.’’ The techni- That is pretty heavy stuff. This is that. I said they took a hypocritic cian looked down at a pair of perfectly going on in America. People come oath. Someone corrected me and said: formed 24-week-old fetuses, moving and down here on this floor, year after ‘‘Don’t you mean Hippocratic oath?’’ gasping for air. Except for a few nicks from I said: ‘‘No, hypocritic; they are total the surgical tongs that had pulled them out, year, and defend it. That is what they they seemed uninjured. are doing, defending it: A woman’s hypocrites because they are not pro- tecting the lives of unborn children. This is pretty difficult. I have wit- right to choose. The bassinet or the They should not even be taking the nessed the birth of my three children, hospital sterile bucket, which is it? oath.’’ so forgive me if I have a little trouble. Right—right to choose. Put the child in the bassinet or throw it in the gar- In this article, there are some very The wholesaler, Kelly, said, ‘‘There is interesting headlines in this dreaded something wrong here. They are moving. I bage or send it off to some research don’t do this. That’s not in my contract.’’ lab. complication. Listen to what some of She watched the doctor take a bottle of Here is a headline, a transcript from the people in the industry say: sterile water and fill the pan until the water the WTVN-TV in Columbus, OH, 20 Reporting abortion livebirths is like turn- ran up over the babies’ mouths and noses. April, 1999: ing yourself into the IRS for an audit. What Then she left the room. ‘‘I couldn’t watch Partial-Birth Abortion Baby Survives 3 is there to gain? those fetuses moving. That’s when I decided Hours. Another article says: it was wrong.’’ A woman 5 months pregnant came to Wom- How things sometimes go wrong. So the abortionist, twin live births, 6 en’s Medical Center in Dayton, Ohio, to get Another one: months—the little girl I spoke to you a partial-birth abortion. During the 3 days it about earlier who wrote to me was takes to have the procedure she began to You have to have a fetus— born prematurely at 5 months. Two lit- have stomach pains and was rushed to a Whatever; I can’t pronounce the tle twins drowned in a pan so their nearby hospital. Within minutes she was giv- word— body parts could be sold because they ing birth. dose of saline solution. It is almost a breach had an order for the body parts. Amer- Nurse Shelly Lowe in an emergency room of contract not to. Otherwise, what are you at the hospital was shocked when the baby going to do, hand her back a baby, having ica. took a gasp of air. [Lowe] ‘‘I just held her Many of you may have heard about done it questionable damage? and it really got to me that anybody could What a bunch of insensitive, Jill Stanek, the nurse at Chicago’s do that to a baby. . .I rocked her and talked Christ Hospital who has openly admit- to her because I felt that no one should die uncaring individuals. ted that live births occur at her hos- alone.’’ The little girl survived 3 hours. Then they say: pital. We are going to have some testi- Mark Lally, Director of Ohio Right to Life, If a baby has rejected an abortion and mony from Jill. She will be up here on believes this is why partial birth abortions lives, then it is a person under the Constitu- the Hill very soon so you do not have should be banned. [Lally] ‘‘This shows what tion.... to believe me; you can listen to her. we’ve have been trying to make clear to peo- I think it is a person under the Con- The hospital staff, when it happens, ple. Abortion isn’t something that happens stitution before it is born, not under just early in pregnancy, it happens in all Roe v. Wade but under the Constitu- offer comfort care, which amounts to stages of pregnancy. It’s legal in this state holding the child until it dies. If they any time.’’ tion. Roe v. Wade did not let the Con- stitution get in its way when it made are lucky, they get a little love on the Like it is in any State. that terrible decision. way out. Perhaps it is better than Warren Hern is the author of the being drowned in a dish. Then another guy says: most widely used textbook on abortion Jill Stanek says: I find [late-term abortions] pretty heavy procedures. Dr. Hern says, in this arti- What do you call an abortion procedure in weather, both for myself and for my pa- which the fetus is born alive, then is left to cle: tients. die without medical care? Infanticide? Mur- A number of practitioners attempt to en- I stood by and watched that baby die. der? sure live fetuses after late abortions so that They are real caring people, aren’t Most people would recoil at just the genetic tests can be conducted on them. they? They are compassionate, caring thought of such a gruesome, uncaring proce- There is a link. They say there is no people. I think I have made my point dure, but it is practiced at least one Chicago link? There is one. suburban hospital. When I called Christ Hos- on that. pital, the Medical Center at Oak Lawn, I It is his position that practitioners do this You will notice from these charts I frankly expected a denial that it uses the without offering a woman the option of fetal have been putting up that many of the procedure, but instead the spokeswoman ex- demise before abortion in a morally unac- highlights suggest the baby be put on plained it is used for ‘‘a variety of second-tri- ceptable manner since they place research ice within 10 minutes of exiting the mester’’ abortions when the fetus has not yet before the good of their patients. womb. I mentioned that earlier. reached viability. That’s up to 23 weeks of (Mr. SANTORUM assumed the Stop and think about this. If you do life, when a fetus is considered not yet devel- Chair.) any of the other types of abortions—sa- oped enough to survive on its own. Here is an admission from the indus- line, digoxin, and these other proce- Instead of medical care, the child is pro- try itself that when they want to—I am vided ‘‘comfort care,’’ wrapped in a blanket dures, D&E—what are you going to and held when possible. not saying all do it, I am saying some get? You are going to get something This is very interesting. do it—when they want to, practitioners that is going to be an abnormality. No can do this. They can ensure a live The procedure is chosen by parents and abnormal donors. Within 10 minutes, doctors instead of another method in which birth to fall within that 10-minute win- we want it on ice. the fetus is terminated within the womb by, dow, to get that child chopped up The point I am trying to make is, for example, injection with a chemical that quickly and on ice so those limbs are there are only two ways you can get a stops the heart. better for the researcher and worth baby, a fetus, on ice that quickly. One She says further: One day there was a more money. You don’t want any ab- is a live birth; you instantly kill it. newborn who survived the abortion normalities, don’t want any problems. Another is partial-birth. If there is an- with no one around to hold it. It was There was an article in the Philadel- other method, I am open-minded. I left to die in a soiled-linen closet. phia Inquirer a few years ago called would like to hear about it. Maybe The hospital denies it. She says it ‘‘Abortion Dreaded Complication.’’ The somebody has it. happened. Interesting, the hospital patient had been admitted for an abor- Let me read a letter I received today. says abortions are elective, but they tion, but instead of a stillborn fetus, a This letter is pretty devastating. I are done only to protect the life or live 21⁄2-pound baby boy appeared. A want you to think about this 10 min- health of the mother or when the fetus dismayed nurse took a squirming in- utes on these charts. Within 10 min- is nonviable due to extreme pre- fant to the closet where dirty linens utes, we need to be able to ship it to maturity or lethal abnormalities. are stored. When the head nurse tele- give you no abnormal donors, to make The nurse, Jill Stanek, said she has phoned the patient’s physician at sure the fetus is in good shape: seen some elective abortions done on home, he said: ‘‘Leave it where it is. He This is from Raymond Bandy, Jr., newborns whose physical or mental de- will die in a few minutes.’’ M.D., Dallas, TX: fects are deemed incompatible only I used a term in a speech over the Dear Senator SMITH: As a physician and with the ‘‘quality of life.’’ weekend referring to doctors such as pastor in the Dallas Texas suburb of

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12919 Lewisville, I was shocked and outraged sev- really drives the point home in terms transfers of stable patients and are prohib- eral months ago when my friend Mark of whether or not there is any par- ited from responding to emergency calls. Crutcher invited me to the offices of Life Dy- ticular reason to believe that in the in- Therefore, they do not respond with any namics to review for him from a medical per- dustry they are looking for live births sense of urgency. When the ambulance crew spective of several requisitions for fetal tis- finally arrived and discovered the case was a sue and body parts. or partial births. life-and-death emergency, they transported There were 2 areas particularly disturbing: Look what it says on this memo: Lucy immediately rather than call for a fire No. 1, It was almost unfathomable to be ‘‘Please send list of current frozen tis- department ambulance. Unfortunately, Lucy reading requests for arms, legs, brains, etc., sues.’’ And they go down the list: Liver was not as lucky as Claudia [another girl] from aborted babies. Leading institutions in and blood and kidney and lung, and all and she bled to death— our country with research scientists request- this down here. And then what does it She bled to death— ing in mail-order catalog format, body parts say? No digoxin donors. ‘‘No DIG.’’ on November 4, 1977. from babies killed in abortion clinics. That is the term for digoxin donors. That was a long time ago, so I will Leading institutions were requesting I want you to understand this and probably be criticized for bringing these parts. think about this: This is an order form. something up that long ago. No. 2, My attention was drawn to the fash- They are saying here: We don’t want On June 2, 1989, ‘‘Margaret’’ went to [an ion in which the requests were made. Over any digoxin babies. abortion clinic] to have an abortion per- and over again the requests would mention Well, why don’t they want them? Be- formed. . . . After she was dismissed, she that the tissue must be ‘‘fresh’’— cause they cannot sell them. The parts started experiencing pain and bleeding, and It says ship on wet ice. Another one are no good. It is in their own writing. called the facility about her symptoms. They says fresh, remove specimen and pre- They are incriminating themselves. did not advise her to seek medical care. Two pare within 15 minutes. They are violating the law, and they days later, she sought medical treatment on her own and was told that she had a per- This is the process, a doctor talking ought to be prosecuted. now: forated uterus and retained fetal tissue. A Shine in the light. Bring in the sun- D&C was performed to complete the abortion (a) The baby must in some fashion be shine. Live births are a big problem, and, due to infection, a hysterectomy was killed in its mother’s womb. (b) The baby but DIG is not good for research. Abor- also necessary. Unfortunately, despite all ef- must then be extracted from the womb. (c) It forts to save her life, Margaret died of the must then be delivered in some fashion to a tion clinics and harvesters are also de- complications of her abortion, leaving be- technician who would then proceed to ampu- liberately hiding the fact that they are hind her husband and one-year-old son. tate limbs; extract eyes, brains, hearts, and shipping these parts all over the United then process them; (d) all within 10 minutes. States. They even use vague language Taking good care of mom, aren’t I am not an abortionist, nor have I per- to trick and deceive shippers such as they? They really are. formed an abortion, but to require these pro- Federal Express who will not do it, to And more recently in 1997, in San cedures to be accomplished in 10 minutes, their credit. But they are not told. Diego: means of necessity that the baby be ex- They are hidden. One marketer says: An abortion doctor is being charged with tracted as close to life as possible, and would ‘‘We’ve learned through the years of murder by the district attorney of Riverside lead to in many cases babies. . .being born County, east of Los Angeles. living, in order to be able to have them on doing this’’ how to avoid problems with Dr. Bruce Steir faces a February hearing ice, or otherwise processed within this short shippers like Federal Express. on a murder charge stemming from the De- period of time. But they have. If you are violating cember 1996 death of Sharon Hamptlon, 27, As a community physician, I find this bar- the law, you do everything you can. following an abortion at A Lady’s Choice baric, cruel, evil, and intolerable to the As I have gone through this now for Clinic in Moreno Valley, near Riverside. greatest degree. This is a return to the med- I don’t know how long here on the Miss Hamptlon died from internal bleeding ical practices of the [Nazis] of 1940s.... floor, you probably say to yourself: as the result of a perforated uterus. The pa- Can anyone with even the most remote thologist in the case found ‘‘gross neg- conscience, or moral decency, tolerate this Could it get any worse? Can it be any ligence’’ and recommended that the death be practice? more humiliating? considered a homicide. We have covered pretty well what is He closes with that. You see, it is getting more serious happening to the child. Recapping: A Here is a doctor. He is telling us and because the better trained doctors in he is reinforcing everything I have woman, pregnant—abortions are down, all types of abortions are not doing said. Fresh, wet ice, no known abnor- the industry is losing money, and they them anymore. So they want to go malities; get it on the ice. How do you can only charge so much. So they find where the money is: Body parts. I am get a fetus that is not chopped up, that a buyer of the body parts of the fetus. not going to go into the gory details is not poisoned? There are only two There it is: ‘‘Fee For Services.’’ As I and some of the sick things that have places. I talked to you about both of said before, $600 for a cadaver, $125 for been done by some in terms of the hu- them: Live births, partial births. this, $75 for that. The lower numbers miliation of patients, in terms of sex- The dirty little secret is that are probably so common that they are ual abuse, and so forth. Planned Parenthood takes Federal tax- not worth much. So they sell the body Tomorrow, at some point, I intend to payers’ dollars. American workers, es- parts. Then they do unimaginable offer an amendment that shines the pecially pro-life workers, all of us—but things to the emotional life of this un- light into the industry. I intend to those especially who are pro-life, I am fortunate woman who is in so much push for a full investigation into this sure, would be opposed to it—are hav- need of help and counseling. industry. I intend to find out whether ing money taken out of their pay- But there is another dirty little se- live births are, in fact, used for the sale checks to pay for the marketing of ba- cret, which isn’t very well talked of body parts. I intend to find out bies’ body parts. I talked about the $158 about; that is, untold numbers of whether in fact partial-birth abortions million grant from the Federal Govern- women in some clinics are being sexu- are used for the sale of body parts. I in- ment for Planned Parenthood, NIH, ally assaulted, harassed, physically tend to find out whether laws are being $17.6 billion in this year’s labor bill— harmed, and sometimes killed, as I said violated in this country and, if so, who not all for that but just in the bill. before, in these ‘‘safe’’ and ‘‘legal’’ is violating them. I am not against the funding of the clinics. This amendment will provide for the National Institutes of Health, but I I will give you two examples. light to shine into these clinics so we think when research is being conducted Two months later, [fictitious Dr.] Roe was can get these answers. We deserve by the Government, where taxpayer performing a first-trimester abortion on 23- these answers. If you are pro-woman, year-old ‘‘Lucy’’ when she began to hemor- and you are pro-child, you ought to be dollars are involved, there is a much rhage from a perforation he had made. Still higher ethical standard to meet. operating without a back-up supply of blood, for my amendment. If you do not like In addition, universities receive Fed- Roe gave her a transfusion of his own the fact that women die horrible eral funding, lots of it. In fact, there blood. . . deaths, that children are being chopped are some universities that receive Fed- The only problem was, it was not her up and sold illegally, I don’t care which eral funding specifically for fetal tissue blood type. He did not bother to check side of the debate you are on, if you research. that out. wonder whether or not and you are not I want to point out one chart that I Lucy then went into cardiac arrest. . . . In sure whether or not partial-birth abor- did not highlight before because this Texas, private ambulances are limited to tions are used for the sale of body parts

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12920 CONGRESSIONAL RECORD — SENATE October 20, 1999 in some cases, if you want to know Tennessee, Mr. FRIST, is here. I know explain why those cases, again, were whether they are, then let’s find out. he is planning to come and talk about not medically necessary to protect the Let’s look into it. Let’s see if we can this issue. Under our agreement, I health of the mother. There were other get the answers. And that is what my agreed I would yield the floor when he options available, even if they wanted amendment does. gets here to make a speech. to choose abortion. This has been a long, difficult speech I, first, thank the Senator from New Then I will share with you some for me to make. But I want my col- Hampshire. I did not catch all of his re- things that have happened to me as a leagues to know that just about every- marks. I caught the last 45 minutes or result of this debate and provide to my thing in America is regulated—unfor- so. He is talking about a very difficult colleagues that, while we may not win tunately, in some cases. There is no issue. It is an amendment we will have all the votes, at times there are things reason why this industry should not be to vote on tomorrow. It is not a dif- even more important than that. regulated. Let’s find out what is going ficult issue. It is a difficult issue to I see the Senator from Tennessee, Dr. on. Let’s shine the light in. Let’s bring talk about. I think it is a rather simple FRIST, is here. I yield the floor to him. the sunshine in. And let’s get answers. issue. I am hopeful, again, this will be The PRESIDING OFFICER. The Sen- And let’s find out about the sale of an issue where we put the politics of ator from Tennessee. body parts. Let’s find out what the abortion aside and understand this Mr. FRIST. Mr. President, I rise to source of those body parts are. Let’s kind of action should at least be looked continue the debate on the Partial- shine the light in on the industry. into by some sort of study to deter- Birth Abortion Ban Act of 1999. I rise Tomorrow, I will have an amendment mine whether this activity occurs and to follow the Senator from Pennsyl- on that subject. I truly hope all Ameri- how pervasive this is. vania, who has taken a leadership posi- cans will be supportive—pro-life, pro- What I would like to do tonight is tion and a moral position. I am de- abortion. If you want to see to it that share some thoughts in response to a lighted to hear he will tonight con- women are not abused, if you want to discussion today about the anecdotes centrate on an issue that I think has see to it that women are treated with of cases that were presented in defense been for far too long overlooked in this respect and dignity, if you want to see of partial-birth abortions. We heard debate; that is, the effects of this pro- to it that if an abortion occurs and about cases of women who needed this cedure, which is a barbaric procedure, there is a live birth, that that child procedure to save the mother’s health on women. Those women are our sis- should get help, should be allowed to or the mother’s life. I would like to re- ters, our mothers, our daughters. That live, if you want all that, and you care, view what the medical evidence is, health effect is something that gets then you should support this amend- again, and also bring up some cases lost too often in the debate, which is ment because all it does is shine the where people took a different option not the politics. It is not the rhetoric. light in. It is a disclosure amendment. and show how that option, as humane It is not the emotion. It is the health That is all it is. It requires disclosure as the other side, with their wonderful of the woman involved. to shippers for any package containing pictures of husbands and wives and in This is the third time I have had the human fetal tissue. It also contains some cases children, as warm and fuzzy opportunity to come to the floor and language to limit the payment of a site as they would make it out to be, the participate in this debate on the issue fee from the transferee entity to the fact is, in every one of those cases a of partial-birth abortion. Each time I abortionist to be reasonable in terms of child was killed. A baby was killed. come, as a physician, I take the time reimbursement for the actual real es- That is a tragedy. to review the recent medical literature tate or facilities used by such an enti- In many cases the baby would not to see what the facts are, what the ty. have lived long, but the baby was clinical studies are, what is the infor- We are going to find out whether killed before its time. Many of the peo- mation and the medical armamen- these people are in the business of sell- ple I am going to talk about tonight tarium, the literature that is out ing body parts or abortions or both. understood their baby was not going to there. That is where the medical pro- What is the percentage? How much are live long or might suffer from severe fession, that is where the scientists in- they making on each? Shine in the abnormalities, but they were willing to volved in medicine, that is where the light. take their child’s life for what it was, surgeons publish their experience, I have been on the floor year after as we all do when we are confronted where you talk about indications, you year and in the House before that, for with it in our own lives. We find out a talk about the side effects, you talk 15 to 16 years, trying to end this hor- son or daughter is afflicted with a hor- about risk, you talk about complica- rible industry, this disgusting exploi- rible illness. Our immediate reaction tions. That is where you share it with tation of children and women, to no is, well, how can I put my child out of your colleagues. avail. If we just had a President who its misery? Or my child isn’t going to Each time before coming to the floor would pick up his pen and say, ‘‘I don’t live very much longer; how can I end it to debate this issue and discuss this want to see another few thousand peo- sooner? issue, I talk to my colleagues at the ple die in the next 5 years; I am willing I don’t think that is the immediate various institutions where I have to sign the ban on one type of abor- reaction of mothers and fathers in trained and have been, on the east tion,’’ we could get a good start. But he America. But yet, when it comes to the coast, the west coast in training. I won’t do it. We are going to lose again. baby in the womb, we have many peo- picked up the phone and talked to sev- So let’s win with this amendment. ple who believe that is the logical eral of them today, colleagues who are Let’s try to get an amendment passed thing to do. I argue that it is not the obstetricians directly involved in the that will shine the light in so we can logical thing. It is not the rational surgical aspects of this procedure. find out what goes on in the industry. Each time this issue comes to the I yield the floor. thing. It is not the humane thing. It is not in the best interest of the health of floor of the Senate, I step back and f the mother. All those other things, in look at what studies, what develop- MORNING BUSINESS fact, in this debate don’t matter. ments there have been since we last The PRESIDING OFFICER (Mr. What does matter in this debate is, is discussed this issue. I rise tonight to BROWNBACK). Under the previous order, it in the best health interest of the talk about this procedure as a medical the Senate will now proceed to a period mother? I will talk tonight about cases procedure. It has been interesting to of morning business with Senators per- where people made a different choice me because over the course of today I mitted to speak. and, I argue, from a health perspective, have heard again and again that there The Senator from Pennsylvania. a better choice. When I say ‘‘health,’’ I is no obstetrician in this body of the f mean not only the physical health of Senate. I am not an obstetrician. I am the mother but also the mental health a surgeon, which means I am trained to THOUGHTS ON DISCUSSION OF of the mother. perform surgical procedures. PARTIAL-BIRTH ABORTION We will talk about some of those I am trained. I spent 20 years in both Mr. SANTORUM. Mr. President, I cases. I will talk about some of the training and engaged in surgery to will speak briefly. The Senator from cases that were brought up today and make surgical diagnoses, to perform

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12921 technical operations, to evaluate the manipulated in the uterus, partially Surgical training. Again, I am not an risk of these operations, and to assess evacuated from the uterus, scissors in- obstetrician, but I did spend 7 years in the outcome of these operations. No, I serted to puncture the skull or the cra- surgical training learning every day. am not an obstetrician, and I don’t pre- nium with evacuation of the contents What do you learn as part of that? You tend to be. I call obstetricians. I call of the cranium, the brain—that proce- learn the specific indications for a par- people who are on the frontline. But I dure has not been studied. We know ticular procedure. In your surgical am a surgeon. I know something about there are certain risks, but the alter- training, you learn the various surgical surgical procedures. That is what I did native procedures that are available in techniques that have been described on before coming to the Senate. I am every case have been studied. You can the floor. Although it is very difficult board certified in surgery. I am board go to a medical textbook and look up for people to talk about and listen to certified in two different specialties. those alternative procedures, and you on the floor of the Senate, that is part When people talk about this medical can go to the clinical literature and of it, that is the barbarism, the bru- procedure, I want to make it clear I am read the studies. It has been peer re- tality of the way this procedure has not an obstetrician. But I am board viewed and presented at meetings. De- evolved. In your surgical training, you certified in general surgery. I am board bate has been carried out. There are look at the complications, outcomes, certified in cardiothoracic surgery. I comparisons between one surgeon’s re- and risks of these accepted surgical have spent 20 years studying and per- sults and another’s. You can identify procedures. forming surgical procedures. the risks for the alternative proce- The indications for a partial-birth This is background. A lot of what I dures, but you cannot for the partial- abortion, for the surgical techniques as did is publish and research surgical birth abortion. described, the complications, the out- Now, ACOG, as has been mentioned procedures. But this is background. I comes, and the risks are not taught in on the floor, does take the position have focused not, as I mentioned ear- medical schools today. The procedure that the procedure ‘‘may’’ be superior lier, on the politics or the rhetoric, but of partial-birth abortion is not rou- to other procedures, as its basis for jus- on the medical use of this specific pro- tifying opposition to this legislation. tinely part of the residency programs cedure, partial-birth abortion. As my But with everything I have read, ACOG today. Why? Because it is dangerous, colleagues know by now—but I want to did not identify those specific cir- because it is a fringe procedure, be- restate it because I have gone back and cumstances under which partial-birth cause it is outside of the mainstream of reviewed the medical literature and abortion would be the preferred proce- generally accepted medical practice. It have talked to colleagues at other in- dure. And thus, as a scientist, where has not been comprehensively studied stitutions, and I have looked at devel- you want to look at outcomes, risks, or reviewed in the peer-reviewed lit- opments since last year—I conclude and results in determining whether or erature. There are no clinical studies of partial-birth abortion is a brutal, bar- not to use a certain procedure or rec- it in the medical literature. baric procedure that has no place in ommend such a procedure, the data is As I said, when this debate comes to the mainstream practice of medicine clearly not there. It is not there. Thus, the floor and you want to make the today. you have a procedure which, as I have case, you look at the medical lit- Again, partial-birth abortion is a said, is a brutal, barbaric procedure, erature, which I have done, and then brutal, barbaric procedure that has ab- with no data substantiating it or iden- you want to say: What about the text- solutely no place in the mainstream tifying the risks, compared to alter- books? Surely, it is in the textbooks if practice of medicine today. Partial- native procedures that have been de- people are out there doing this proce- birth abortion is a procedure that is fined, where we know what those risks dure on women, which I contend is rarely, if ever, needed in today’s prac- are. Thus, this use of the word ‘‘may,’’ harmful to women; surely, it is written tice of medicine. Alternative methods I would flip around and say ‘‘may not.’’ in the medical obstetric textbooks. of abortion, if abortion is necessary, I would say the burden of proof is to go That is what you study. That is the are always available—even when the to the literature and present the clin- foundation. abortion is performed very late in preg- ical studies that show this barbaric So what I have done over the last nancy. procedure, in any case, is the best or couple of days is I have gone to the Now, we have had the American Col- most appropriate. The data, I can tell medical textbooks and reviewed 17 of lege of Obstetricians and Gynecologists you, is not there. those textbooks. I can tell you, after quoted on the floor, and they will con- So I think the next question to ask reviewing those 17 textbooks, only 1 of tinue to be, which I think is appro- is: Are we talking about a procedure, the 17 even mentioned partial-birth priate. A number of their statements, I partial-birth abortion, which this legis- abortion, and that 1 of the 17 men- think, are taken out of context and put lation would prohibit, which is a part tioned it in one little paragraph. It forward. Ultimately, their rec- of mainstream medicine? Is it part of mentioned the fact there have been ve- ommendation is, I believe, against the the surgical armamentarium out there toes of the partial-birth abortion legis- procedure; but for a lot of different rea- that is talked about in textbooks, in lation from last Congress and the Con- sons they are against passage of what the literature, or in medical schools? gress before. is being proposed. I will come back to The answer is, no, it is not. It is a The textbooks that I reviewed were that. But it is interesting, when it fringe procedure. It is out of the main- Williams Obstetrics, which is one of comes back to answering the question, stream. This procedure is not taught. the foundations of obstetrical edu- ‘‘Are there always alternative proce- This procedure is not taught in the cation today by Cunningham and Wil- dures available,’’ their answer would be vast majority of medical schools in the liams. yes. United States of America. Yet we will I reviewed the manual of obstetrics Again, I refer to a number of docu- hear some medical schools talk about by Niswander and Evans. ments, but this is the Journal of the some types of dilatation and extrac- I reviewed the Essentials of Obstet- American Medical Association of Au- tion, and they will talk about it at 16 rics and Gynecology by Hacker and gust 26, 1996, volume 280, No. 8. In an weeks, at 14 weeks, and even 18 weeks. Moore. article this quotation is made: I think we need to make very clear we I reviewed the Practice Guidelines An ACOG policy statement emanating are talking about a procedure that re- for Obstetrics and Gynecology by from the review declared that the select quires manipulation in the uterus, par- Skoggin and Morgan. panel ‘‘could identify no circumstances tial delivery; thus, the partial-birth as- I reviewed the Blueprints in Obstet- under which this procedure would be the pects of this procedure, with the inser- rics and Gynecology by Callahan and only option to save the life or preserve the tion of the scissors and the evacuation Caughey. health of the woman.’’ of the contents. I can tell you, that I reviewed Novak’s Gynecology by There are always alternative proce- procedure is not taught in medical Novak and others. dures available. This is important be- schools today. When an obstetrician I reviewed Operative Gynecology by cause the procedure of partial-birth says, ‘‘Oh, yes, but we teach late-term Te Linde, Rock, and Thompson. abortion, as we have described and laid abortions,’’ some do, but they don’t I reviewed Mishell Comprehensive out—a procedure in which the fetus is teach this procedure. Gynecology;

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12922 CONGRESSIONAL RECORD — SENATE October 20, 1999 And Textbook of Women’s Health by It is critically important, I believe— scissors, but it takes a spreading of the Wallis. I say this as a physician—that we rec- scissors to establish a real puncture And the list goes on. ognize that this procedure is dangerous large enough to evacuate the brain. Again, I think it is important be- and hurts women. An another example, an article dated cause it demonstrates that this proce- There are ‘‘no credible studies’’ on August 26, 1998, another quotation. Let dure is outside of the mainstream. It is partial-birth abortions ‘‘that evaluate me open with the quotation marks. a fringe procedure, and, therefore, any or attest to its safety’’ for the mother. ‘‘This blind procedure risks maternal defense of this procedure, which we I take that from the Journal of injury from laceration of the uterus or know has complications, which we American Medical Association, August cervix by the scissors and could result know affects women in a harmful way, 26, 1998. in severe bleeding and the threat of should be justified in some way in the There are ‘‘no credible studies’’ on shock or even maternal death.’’ medical literature, where it is not. partial-birth abortions ‘‘that evaluate ‘‘Could result in severe bleeding and The fringe nature of this procedure is or attest to the safety’’ for the mother. the threat of shock or even maternal also underscored by the fact that there The risk: I can tell you as a sur- death.’’ are no credible statistics on partial- geon—again, I drop back to the fact These risks, which I just outlined, birth abortion. that I am a surgeon and I spent 20 have not been quantified for partial- Throughout the course of today—and years of my adult life in surgery—that birth abortions. really has been put forward on both patients who undergo partial-birth Would you want this untested proce- sides—people cited certain numbers of abortion are at risk for hemorrhage, dure performed on anyone that you how many are performed. We went infection, and uterine perforation. know? The answer, I believe, is abso- through this again in the last Con- I can say that. And I can say it and lutely not because there is always an alternative procedure available. gress. Some say that there are 500 of be absolutely positive about it because Mr. President, we are discussing a these procedures performed annually. these are the risks that exist with any fringe procedure with very real risks to surgical midtrimester termination of The more realistic estimate I believe is a woman’s health. The lack of data on pregnancy. that there is somewhere—again, it is this procedure underscores my opposi- The partial-birth abortion procedure truly so hard to estimate to even men- tion to it. Just as we cannot ignore the itself involves manipulation of the tion specific numbers—between 3,000 risk to the mother, let’s also look at fetus inside of the uterus, turning the and 5,000 of these partial-birth abor- the risk a little bit further down the fetus around, extracting the fetus from tions performed every year. line. The numbers do not matter, I don’t the uterus, and then punching scissors It leads me to a conclusion that par- think, because what we are talking into the cranium or the base of the tial-birth abortion is inhumane, and of- about is this barbaric procedure. It is skull; requires spreading of those scis- fends the very basic civil sensibilities harmful to women. So 1 is too many, or sors to make the opening large enough of the American people. The procedure 5 is too many, or 10, or even 500—any is to evacuate the brain. itself, yes. But what about the treat- too many. That procedure has two additional ment of the periviable fetus? I say that What data do we have that this pro- complications than what would be with because at what point in the gestation cedure can be performed safely? Abso- a trimester abortion, and that is uter- period viability actually is realized is lutely none. Part of the problem is the ine rupture, No. 1; and, No. 2, subject to debate. It shifts with tech- absence of accurate data with which to latrogenic laceration. That means the nology and with our ability to inter- judge the safety of this procedure, and cutting of the uterus with secondary vene over time. because of, in part, the incomplete data hemorrhage or secondary bleeding. Most of these procedures are per- that is accumulated, and the way we Uterione rupture: What does it mean? formed today in what is called the accumulate data on abortions. Al- It means exactly as it sounds—that the periviable period—somewhere between though the CDC collects abortion sta- uterus ruptures. And that can be cata- 20 and 24 weeks of gestation, and be- tistics every year, not all States pro- strophic to the woman. yond. vide that information to the CDC, and It may be increased during a partial- The centers for pain perception in a the ones that do lack information on as birth abortion because the physician in fetus develop very early in that second many as 40 to 50 percent of the abor- this procedure must perform a great trimester period. We cannot measure tions performed in that particular deal of it blindly while reaching into fetal pain directly, but we do know State. the uterus with a blunt instrument and that infants of similar gestational age But I think most importantly the pulling the feet of the fetus down into after delivery—28 weeks, 30 weeks, or categories that the CDC, Centers for the canal. Thus, you have uterine rup- 24 weeks—those babies, those fetuses Disease Control, uses to report the ture. that are delivered, do respond to pain. method of abortion does not split out I should also add that this type of Again, we are talking about a proce- partial-birth abortions from the other manipulation is also associated—we dure performed on an infant, a fetus, at procedures. So it gets mixed in with all know this from the medical literature 24, 26 weeks. of the other procedures. because there are very few cases where With partial-birth abortions, pain It is this lack of data on this proce- you have to manipulate the fetus. That management is not provided for the dure that I think is especially trou- manipulation is also associated with fetus at that gestational age. That bling because of the grave risk, as the other complications of abruption, fetus, remember, is literally within Senator from Pennsylvania pointed out amniotic fluid embolus, where the fluid inches of actually being delivered. Pain earlier, of complications the grave risk goes to other parts of the body and management is given for procedures if that this procedure poses to women. other trauma to the uterus. those 2 or 3 inches are realized and the In the debate, we have opponents of All of these are serious, potentially baby is outside of the womb, at the abortion on the one hand, proponents life-threatening complications from same gestational age; if the fetus is in of a right to choose on the other, and this fringe procedure that has not been the womb, pain management is not we have the debates that come forth studied, is outside the main stream given. with the tint of emotion and rhetoric. medicine, not in the medical text- I say that again because we have to But the thing that gets lost is what the books, not in the peer-review literature at least think of the fetus and think of Senator from Pennsylvania mentioned, for which we have alternative proce- the procedure, taking scissors and in- and that is that this procedure is ter- dures available. serting them into the cranium, into rible for women. He outlined some of The second complication is the skull, and the spreading of those the ways in terms of the physical and latrogenic laceration, an accidental scissors. What is that doing? Is that mental health. cutting of the uterus, occurs because, humane? But I would like to drop back and again, much of this procedure is done Therefore, to my statement that this look at this safety issue because in all blindly. The surgeon has scissors that is a barbaric procedure, I say it is an of the arguments for rights, we need to are inserted into the base of the fetal inhumane, barbaric procedure regard- have this procedure out there. skull. It is not just the insertion of the ing the woman—and I just went

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12923 through those complications—and re- Congress. They testified themselves. This is what Dr. Pamela Smith garding the fetus. They brought their own stories for- writes: Because of the ‘‘fringe’’ nature of ward. They are now being used by The fact of the matter is that the standard this practice, because of the lack of Members of Congress and have been care of that is used by medical personnel to peer review and study of this proce- used by Members for several years to terminate a pregnancy in its later stages dure, I have strong feelings about this support the claim this was the only does not include partial-birth abortion. Cae- sarean section, inducing labor with petosin issue. I have taken too much time method available to them and this or proglandins or, if the baby has excess fluid walking through the medical aspects, saved their health and their future fer- in the head, as I believe was the case with but I think it is important to free up a tility. I will take them one by one very Miss Stella, draining the fluid from the lot of the intensity of the debate ear- quickly, but I want to reemphasize baby’s head to allow a normal delivery, all lier in the day. I think it is important that this was not the only option avail- are techniques taught and used by obstet- to have a discussion so the American able to them. There were, in fact, more rical providers throughout this country. people and my colleagues know at least These are techniques for which we have safe healthy procedures. statistics in regard to their impact with re- one surgeon’s view of this surgical pro- That does not mean if a certain pro- gard to the health of both the woman and cedure. cedure is performed—I am sure the doc- the child. In contrast, there are no safety I close by saying that because of this tor would affirm this—there is more statistics on partial-birth abortion. lack of peer review study of this proce- than one procedure that can be used. We heard Dr. FRIST say that. This is dure, because of the fringe nature of Even if it is not the proper procedure, not a peer-reviewed procedure. We do this procedure, because of the grave it may turn out OK with a good result. not know from any kind of peer-re- risk it poses to the woman, because I The point I am trying to make and I viewed study as to whether this is believe it is inhumane treatment of think the point the medical commu- proper. that infant, that fetus, and because nity is trying to make: It is not the There is no reference on this technique in even as ACOG, the gynecologic society, best medicine, it is not proper, and it the National Library of Medicine database, concedes partial-birth abortion is certainly isn’t the only procedure and no long-term studies published to prove never the only procedure that has to be available. it does not negatively affect a woman’s abil- used, I strongly support this legislation In the case of Viki Wilson, according ity to successfully carry a pregnancy to term by the Senator from Pennsylvania to to her own testimony, she didn’t have a in the future. Miss Stella may have been told partial-birth abortion. She says in her this procedure was necessary and safe, but outlaw this barbaric and this inhumane she was sorely misinformed. practice. testimony that the death of her daugh- We all want to believe what our doc- I yield the floor. ter Abigail was induced inside the The PRESIDING OFFICER (Mr. womb. tor tells us. We all put faith in our doc- tor. When our doctor says this is the FRIST). The Senator from Pennsyl- My daughter died with dignity inside my only thing that could have helped you, vania. womb, after which the baby was delivered head first. Mr. SANTORUM. I know the hour is I am not surprised that that is re- late, and I will not take a lot of time. Partial-birth abortion, as we heard peated by people who had the service I appreciate the indulgence of the Sen- Dr. FRIST describe, is when the baby is performed on them. But what this doc- ator from Kansas for his marathon stay delivered in a breach position alive, tor is saying, what 600 obstetricians have said, what Dr. FRIST has said, on the floor and the Chair tonight. that all of the baby is taken out of the First, let me thank the Senator from mother except for the head, and then a what Dr. COBURN in the House has said, Tennessee for his expert testimony. We sharp instrument is inserted in the what Dr. Koop has said—Dr. C. Everett hear a lot from those who oppose this base of the skull, the baby is killed, Koop—what the AMA has said, is that this is not good medicine. So she was procedure and the fact there is no ob- and the brains are suctioned out. That is not what happened. Yet we sorely misinformed. stetrician here. I think someone with know that from her testimony, we have One of the complicating factors here the surgical skills and the inter- known that for several years, since that Senator DURBIN brought up was national reputation of Dr. FRIST, com- 1995. Yet year after year after year, as that Vikki Stella had diabetes. And Dr. bined with the obstetricians who, in we debate this bill, people come to the Smith addresses that. She says: fact, are Members of Congress on the floor and hold up this case and say: Diabetes is a chronic medical condition other side of this Capitol who oppose Here is someone who was saved from that tends to get worse over time, and it pre- this procedure, who support this bill— disposes individuals to infections that can be health consequences by partial-birth I think we have the medical commu- harder to treat. If Miss Stella was advised to abortion. It didn’t happen. It didn’t have an abortion, most likely this was sec- nity of the Congress clearly on our happen. side. I think as I stated before, we have ondary to the fact that her child was diag- Let’s take the cases where it did hap- nosed with conditions that were incompat- the medical community generally on pen. I have two letters, one from a Dr. ible with life. The fact that Ms. Stella is a our side, hundreds and hundreds of ob- Pamela Smith who is at Mount Sinai diabetic, coupled with the fact that diabetics stetricians who have come forward and Hospital in Chicago and another from are prone to infection and the partial-birth talked about it. Dr. Joseph DeCook who is at Michigan abortion procedure requires manipulating a I want to talk tonight about a few State University, discussing two dif- normally contaminated vagina over a course cases. I do that for a couple of reasons. of 3 days, a technique that invites infection, ferent cases: First the Vikki Stella medically I would contend that of all the I want to articulate again that there case, and second Coreen Costello. are alternatives available to a partial- abortion techniques currently available to It is very comfortable for me to stand her, this was the worst one that could have birth abortion. We heard Dr. FRIST talk here and talk about the very personal been recommended for her. The others are about other abortion techniques that and tragic cases. I am sure it is very quicker, cheaper, and do not place a diabetic are available in the medical literature, painful for those involved to hear their in such extreme risk of life-threatening in- techniques available for later in preg- case being brought up by someone they fections. nancy if a mother decides to have an disagree with in a very vociferous way. Again, for all of the argument that abortion. I want to share with people, But if they are going to bring their we need this procedure to protect the because I think it is important and this case to support a conclusion that this health of the mother, and here are transcends the partial-birth abortion procedure is medically necessary, then cases in which it was used to protect debate, but I think it is relevant to dis- their story, their records, have to be the life and health of the mother, the cuss that there are other ways to deal examined to determine whether, in fact is it was not the best thing. The with this that are as healthy, and, I fact, it does support this medical deter- evidence is it was not the best thing. argue, even more healthy, for the mination, which has been arrived at by So the very cases we are to rely upon mother involved. some, that this is a medically nec- to make a judgment that this was in We heard the Senator from Illinois, essary procedure. fact a case in point as to why this pro- Mr. DURBIN, today talk about Viki Wil- In the case of Miss Stella, she has cedure is necessary do not substantiate son, Coreen Costello, and Vikki Stella. proclaimed that this is the only thing the claim. These are their best cases. I entered into the RECORD those three that could be done to preserve her fer- You don’t bring out your worst cases. cases. All these women came to the tility. This is the best evidence.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12924 CONGRESSIONAL RECORD — SENATE October 20, 1999 This goes back to what Dr. FRIST just he had no significant experience in obstet- and sick kids. This is a debate pri- mentioned, what I have mentioned ear- rics and gynecology. marily about healthy mothers who de- lier in the day. We are still waiting to Again, using a higher risk procedure. cide late in pregnancy not to have a hear what case is necessary: In what Why? This man was not an obstetri- child, and the child is healthy. The case is this the best procedure? Give us cian; he was an abortionist. child would be born alive if it were not the set of facts and circumstances In other words, he may not have been able killed by the partial-birth abortion. where this is, in fact, a preferable op- to do as well transabdominally in the stand- The child, in many cases, would not tion, where it has been peer reviewed, ard method used by OB/GYNs because that only be born alive but would survive where there is consensus in the field takes a degree of expertise he did not pos- that birth. We in the Senate say too sess. that this problem with the child and After the fluid has been drained and the bad; too bad. problem with the mother, that com- head decreased in size, labor will be induced I am going to talk now about the bination, requires partial-birth abor- and attempts made to deliver the child small percentage of cases where there tion as the preferred method. vaginally. Miss Costello’s statement that she are the difficult choices because that is Organizations have said this may be was unable to have a vaginal delivery or, as the real powerful argument. That is the best. If you say ‘‘may,’’ then you she called it, natural birth or induced labor, why they make it because they believe have to come forward saying where can is contradicted by the fact that she did in- it is the most powerful argument they it be the best; tell me what cir- deed have a vaginal delivery conduct by Dr. have to keep this procedure legal. They McMahon. What Miss Costello had was a do not want to talk about the 90 per- cumstances. They have not. Yet, in- breach vaginal delivery for purposes of credibly, with all of the evidence we aborting the child, however, as opposed to a cent of the cases because they cannot have presented on our side of this vaginal delivery intended to result in a live defend that. You cannot defend a 25- issue, of how it is bad medicine, how it birth. A cesarean section in this case would week abortion with a healthy mother is not peer reviewed, how it is rogue not be medically indicated, not because of and a healthy baby where that baby medicine, how it was developed by an any inherent danger but because the baby would be born alive, survive, develop, abortionist who was not an obstetri- could have been delivered safely vaginally. and live normally. You cannot defend cian, how it is only done in abortion We have heard testimony after testi- that. clinics, how it is not taught in medical mony from hundreds of obstetricians And guess what. Surprise, surprise, schools, it is not in any of the lit- saying there may be cases where sepa- nobody does. They do not talk about erature—all of this information is over- ration has to occur between the mother those cases. That is the norm here. whelming that this is a bad proce- and the child because of the health of That is the norm. That is what goes on dure—the only thing they hold onto on the mother, because of the life of the out there. They do not talk about that. the other side is, it may be necessary, mother. There may be a case—there They want to bring in the sick kids and with no instance, no hypothetical. are cases where the baby within the the sick moms and say: We need this Pull out your worst set of facts for mother’s womb is a threat to the moth- for these small percentage of cases. me, put them on paper, and tell me er’s life and health. But what these Again, let’s get to the argument what it is. They will not do it. You doctors have said over and over and again. In every one of those cases have to wonder, don’t you, if this is the over again is, just because we have to where there is a maternal health issue, evidence they want to use to claim separate the mother from the child there is overwhelming evidence this that health is a necessary provision. It does not mean you have to kill the procedure is not in the best interest of is bogus. It is bogus. child in the process. the mother, but they want to bring in Coreen Costello—again, this is based In the case of partial-birth abortion— the sick kids. on what she has revealed of her med- take Coreen Costello—fluid was That bothers me because it assumes ical history of her own accord. Again, drained. The baby could have been de- that you, the American public, out Dr. DeCook states that a partial-birth livered. The baby could have been de- there listening to what I am saying, abortion is never medically indicated. livered and given a chance to survive. somehow look at sick children as less In fact, there are several alternative By killing the baby, you increase the important, as less worthy of life, as standard medical procedures to treat risk to the mother. When you do a pro- disposable, as a burden, as a freak, as women confronting unfortunate situa- cedure inside of the mother that causes pain and suffering, not as a beautiful, tions such as what Miss Costello had to the destruction of the child through wonderful gift from God. That is why face. shattering the base of the skull, you they argue these cases, and they argue According to what she presented to are performing a brutal procedure, a these cases because there are millions us, the Congress, Miss Costello’s child very bloody, barbaric procedure inside of Americans who, when they hear suffered from at least two conditions, of the mother that could result in lac- about this child who is deformed or not polyhydramnios secondary to abnormal eration, and bony fragments or shards going to live long, see this child as a fetal swallowing and hydrocephalus. perforating that birth canal area. That burden, as unwanted, as imperfect. In the first the child could not swallow the is much more dangerous to the health It is a sad commentary on our coun- amniotic fluid and an excess of the fluid, of the mother than simply delivering try if we look at God’s creations and therefore, collected in the mother’s uterus. the baby intact. see only what their utility is to our The second condition, hydrocephalus, is country, to our lives, to our world. And one that causes an excessive amount of fluid It seems almost incredible to me that to accumulate in the fetal head. Because of in the overwhelming—overwhelming— if their utility is not how we can quan- the swallowing defect, the child’s lungs were status of the medical evidence pre- tify it in terms of what kind of job not properly stimulated, and underdevelop- sented on the floor we would have any they can have, how smart they will be ment of the lungs would likely be the cause question as to whether this is really or how beautiful they will be, what of death if abortion had not intervened. The necessary to protect the health of the they will add to the value of life in child had no significant chance of survival, mom. America, they are seen as less useful, but also would not likely die as soon as the My argument goes a little further be- less needed, less wanted, a burden. umbilical cord was cut. The fact that the people who make The usual treatment for removing the cause I think these doctors are saying large amount of fluid in the uterus is called that you may need to deliver the child this debate, oppose this bill, bring this amniocentesis. The usual treatment for prematurely, but you never need to kill up and talk about just these cases draining excess fluid from the fetal head is a the baby to protect the health and life sends a chill down my spine, because process called cephalocentesis. In both cases, of the mother. There is always a way they are appealing to the darker side of the excess fluid is drained by using a thin to deliver the child. At least give this us when they do that. They are appeal- needle that can be placed inside the womb child the dignity of being born. ing to our prejudice against people who through the abdomen, transabdominally or Remember, most of these abortions do not look like us, who do not act like through the vagina. The transvaginal ap- are done on healthy mothers and us, who are not perfect like us, and yet proach, however, as performed by Dr. McMa- hon on Miss Costello, puts a woman at an in- healthy babies. I think everyone looks they are the very people who will fight creased risk of infection because of the non- at this debate and says: Oh, this is a heroic fights. And I give credit to many sterile environment of the vagina. Dr. McMa- debate; about sick moms and sick kids. who will fight the heroic fights to give hon used this approach most likely because It is not a debate about sick mothers rights to that disabled child after it

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12925 survives. But once the child is deliv- abortion where the fetus would be al- So here I am again. I remember fin- ered and once it is alive, then they will most completely delivered and then ishing that night a little after 10 fight the battle to make sure it gets a terminated.’’ o’clock. And it was after 10 o’clock, be- proper education under IDEA. The Goins chose to carry their baby cause the pages always encourage me, The Senator in the Chair, Dr. FRIST, to term. But complications related to a when I speak late at night, to speak was a great leader on that and worked drop in the amniotic fluid level created until after 10 o’clock so they don’t with some of the opponents of this bill some concerns. Doctors advised the have to go to school in the morning. So on ensuring disabled individuals have Goins that the baby’s chances for sur- congratulations, you are 3 minutes rights. But I wonder how they can jus- vival would be greater outside the away from it. tify using these cases to appeal to this womb. So on October 26, 1995, Andrew So it was after 10 o’clock. And I re- dark side of us, the cultural phe- Hewitt Goin was delivered by C-sec- member closing down the Senate and nomenon in this country that demands tion. He was born with an abdominal Mike coming up here, and I just felt perfection, that is poisoning our little wall defect known as omphalocele, a this sense that this was all for noth- girls with what perfect little girls must condition in which the abdominal or- ing—as much as I care about this issue look like, that is leading to disorder gans—stomach, liver, spleen, small and and as wrong as I believe this is for our after disorder as a result of the striving large intestines—are outside of the country—that all that was said that for perfection that has permeated our baby’s body but still contained in a night was falling on deaf ears. culture, what you have to look like, protective envelope of tissue. Andrew In fact, the next day we lost the over- what you have to smell like, what you had his first of several major oper- ride vote. So my feeling of futility, if have to wear. ations 2 hours after he was born. you will, was compounded—until a few They feed into that by saying these Andrew’s first months were not easy. days later when I received an e-mail poor children are not quite worthy of He suffered excruciating pain. He was from a young man who said: life. While we will fight for them once on a respirator for 6 weeks. He needed Recently my girlfriend and I were flipping they are born, I think what they are tubes in his nose and throat to contin- through the channels, and we came across C– actually saying is: But we really hope ually suction his stomach and lungs. SPAN, and were fortunate enough to hear they are not born in the first place. He needed eight blood transfusions. His your speech regarding the evils of partial- That is very disturbing because I am mother recalled: birth abortion. We saw the picture of the lit- tle boy with the headphones on, who was going to share with you tonight some The enormous pressure of the organs being replaced slowly into his body caused chronic lucky enough to have had parents who loved stories about parents who made a dif- lung disease for which he received extensive him and brought him into this world instead ferent choice, who, when they heard oxygen and steroid treatments as he over- of ending his life prenatally. Both of us were about the child inside, decided they came a physical addiction to the numerous moved to tears by your speech. were going to look at that child the pain killers he was given. And my girlfriend confessed to me that she way God looks at that child, as a beau- It broke his parents’ hearts to see had scheduled an appointment for an abor- tiful, wonderful creature of God, per- tion the following week. She never told me him suffering so badly. about her pregnancy because she knew that fect in every way in His most impor- Andrew fought hard to live. In fact, I would object to any decision to kill our tant eyes, and accepted children for as Baby Andrew did live. On March 1, 1999, child. But after watching your emotional long or as short a time as their life was Bruce and Whitney Goin welcomed speech, she looked at me, as tears rolled to be. their second child, Matthew, into the down her cheeks, and told me that she could I am going to share with you a story family. not go through with it. first of Andrew Goin. Here is a picture of the two of them. We’re not ready to be parents. We still Last time we debated this issue on Contrary to the misinformation have a couple years left at college. And then the override of the President’s veto about partial-birth abortion that has we will have a large student loan to pay been so recklessly repeated, carrying back. But I am grateful that my child will last year—it was last fall—I had this live. It is a true tragedy that the partial- picture up here. We talked about An- Andrew to term did not affect Whit- birth abortion ban failed to override Clin- drew. And I will do so again. But I have ney’s ability to have future children. ton’s veto. But please take some comfort in a little addendum to this story. This is that little boy who ‘‘needed’’ knowing that at least one life was saved be- First, let me tell you about Andrew. to be aborted, who was not ‘‘perfect’’ in cause of your speech. You have saved the life That is Andrew. Andrew’s mother is our eyes. It is one of these ‘‘abnormali- of our child. May God bless you and keep Whitney Goin. She had a feeling some- ties’’ that we need to get rid of. What you. thing was wrong 5 months into her a beautiful little boy. What a gift he is Fortunately for me, the writer of this pregnancy. When she went in for her to his parents. What a gift he is to all e-mail stayed in touch. I received an e- first sonogram, a large abdominal wall of us for his courage and inspiration. mail a couple of weeks ago that re- defect was detected. She described her What inspiration we get as a society ported back what had happened over condition after learning there was a from those who overcome the great the previous year. He says: problem with the pregnancy: odds and pain and strife. How ennobled We reevaluated our ability to raise a child My husband was unreachable so I sat we are by it. at this point in time in our lives, and we fi- alone, until my mother arrived, as the doc- Are we ennobled by partial-birth nally decided to put our baby up for adop- tor described my baby as being severely de- abortions? Would we be ennobled in tion. I know that she is being raised by a lov- formed with a gigantic defect and most like- this country today if Whitney Goin did ing couple that cares deeply for her. I often ly many other defects that he could not de- what she ‘‘needed’’ to do according to wonder if we did the right thing by putting tect with their equipment. He went on to ex- the doctor? her up for adoption, but I know we did the plain that babies with this large of a defect right thing by bringing her into the world. Andrew Goin touched more than one Every now and then I think that one day she are often stillborn, live very shortly, or life directly. could survive with extensive surgeries and is going to grow up and be a part of the lives When I had this previous picture up of many people. Then I wonder what would treatments, depending on the presence of ad- of Andrew last year, I was here at ditional anomalies and complications after have happened if I had just kept on clicking birth. The complications and associated about this time of night. At that time, through the channels and not stopped to see problems that a baby in this condition could Senator DEWINE was in the Chair. I was you speaking on C-SPAN. A terrible thing suffer include but are not limited to: bladder thinking, and I called my wife about an might have happened and I probably would exstrophy, imperforate anus, collapsed lungs, hour before, as I did tonight, and I said: never have known about it. I will always diseased liver, fatal infections, cardio- Honey, I just have to get up and talk have in my mind the thoughts about her life vascular malformations .... that she is living and the people that she is some more. I just feel it in me. I have important to. Once again, thank you so And so on. to say more. I know it’s not going to much for your speech on C-SPAN that day. It A perinatologist suggested she change anybody’s vote, but I have to is a terrible tragedy that you were unable to strongly consider having a partial- say it. I know there is nobody on the override Clinton’s veto, what it meant to us, birth abortion. The doctor told her it floor other than MIKE DEWINE—at that of course, our daughter and her adopted par- may be something that she ‘‘needs’’ to time; and now BILL FRIST at this ents. do—that she ‘‘needs’’ to do. He de- time—who will be listening to what I’m There is something ennobling about scribed the procedure as ‘‘a late-term going to say, but I have to say it. that story, something that touches all

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12926 CONGRESSIONAL RECORD — SENATE October 20, 1999 of us, something that gives us hope. Tony. I am sure what he would say to haven’t worked. They have had to go What I am saying is, I don’t think par- you today is, please don’t show me that back in several times to fix that. They tial-birth abortion does that to anyone. kind of mercy because I am not perfect had trouble feeding her. And so her I don’t think it is ennobling to kill a like you would like me to be. Tony mother came up with an ingenious way child 3 inches away from being born. I didn’t let all the prejudice that comes of fixing a mixture of baby food and don’t think it is inspiring. I don’t with having no arms, a clubfoot, 11 giving it by syringe, one drop at a think it is the better angels of our na- toes stop him from being one of the time, because that is all she could han- ture. I don’t think it is going to go greatest inspirations we have had in dle eating. She had other complica- down in the annals of the Senate as one our time. Tony is now a musician. tions. of our great compassionate civil rights Tony plays the guitar with his feet. He Meningoencephalocele is another votes or constitutional votes. has performed for the Pope on three oc- complication, and I can go on with epi- It doesn’t lift up our spirits. It casions, has traveled to 16 foreign lepsy, sleep disorders, digestive com- doesn’t make us walk with that longer countries, played the national anthem plications. She has had a lot of prob- stride, with our head held high. It is in game 5 of the 1989 World Series, on lems. But she has survived them all. sanctioning the killing of an innocent and on and on. She has survived them all. baby who is 3 inches away from con- If you would listen to the debate Donna Joy is about to celebrate, next stitutional protection, and it blurs the today on the floor of the Senate, you month, her eighth birthday. And, yes, I line of what is permissible in this coun- would think it might be more merciful have met her. She has been in my of- try. If we can kill a little baby that to let him die before he gets the chance fice. She walks and talks and plays would otherwise be born alive, 3 inches to prove that he is worthy. with my kids. She takes karate and she away from being born, what else are we Donna Joy Watts. Donna Joy was goes around with her mom to various capable of? here a couple of years ago. Donna Joy places. We are fortunate to have the Unfortunately, we are answering that is an amazing story. It has been put in Watts living in Pennsylvania. She pro- question every day, with the violence the CONGRESSIONAL RECORD for a long vides living testimony to hope and to we see reported on television, with the time. We had it in here several times. the horrors of partial-birth abortion, insensitivity to life that we see occur- Lori Watts, her mom, found out that because she should not be alive today. ring in our daily lives, with the calls her child had hydrocephalus, an exces- She should not be in this picture. If for assisted suicide, with the calls for sive amount of cerebral fluid, water on you accept the arguments on the other mercy killings, even with this debate, the brain. She was told her daughter side, it is probably better if she wasn’t with the argument the Senator from would virtually have no brain, that there. I don’t accept those arguments. I California made earlier. She wants to most of her brain would be gone. So the don’t accept the arguments that be- make sure that every child is wanted. obstetrician, when she found out on the cause a child may not have the kind of Mother Teresa said it best at the Na- sonogram, said Donna Joy should be life that you want, she cannot have a tional Prayer Breakfast a few years aborted, that a partial-birth abortion life worth living, because all life is ago. ‘‘Give me your children,’’ she said. should be performed—yes, a partial- worth living. Give me your children. If you don’t birth abortion. Mr. Watts said, ‘‘No, we There are several other cases here want your children, give them to me; I don’t want to do an abortion.’’ So they that I would like to put in the RECORD. want them. sent the Wattses to see a high-risk ob- One I want to talk about, finally, is the Tens of thousands of mothers and fa- stetrics group. They went to three hos- case of Christian Matthew thers who cannot have children want pitals in the Baltimore area. All three McNaughton. I talk about this because those children and will love those chil- hospitals said they would abort Donna this is somewhat personal because I dren. There is not a shortage of want- Joy, but they would not deliver her. know the McNaughtons. They are a ing in America when it comes to chil- Let me repeat that. They would per- wonderful family. Mark is a State leg- dren. The most debilitating thing to form an abortion, but they would not islator up in Pennsylvania. Christian think about is that the life of a child deliver her. So people are worried was born in 1993. Before he was born, can be snuffed out, a life that could in- about safe access to abortion. We are the McNaughtons found, when Dianne clude 90 or 100 years. A little girl born getting to the point where we need safe went in for a sonogram, that Christian this year has a 1-in-3 chance to live to access to birth. Finally, she found a had hydrocephalus, water on the brain. be 100. So for those little girls who are team that would deliver her. Again, By the way, in several of the stories we aborted through partial-birth abortion, this group also advised an abortion but heard about why we need to have par- 100 years of loving and making a con- then agreed to deliver. She was born tial-birth abortion, the abnormality tribution to our society, finding the with severe health problems. was hydrocephalus. So these are par- cure to cancer, of enriching our lives is What the Wattses expected was that, allel cases. The radiologist said the snuffed out because for a period of as soon as the baby was born, a team baby seemed to have more fluid on the time, a short period of time, your would go into action to see what they brain than tissue. They cautioned that mother didn’t want you. How many of could do to help save this little girl. it was possible the baby had no brain us in our lives today would be snuffed They found out that they did nothing. at all. They were told their prospects out or could be snuffed out because They did nothing. They put the baby in were dim, and they were advised that someone doesn’t want you? a neonatal unit and kept it warm and they could have an abortion. It would We have a chance to make a state- they said to the Wattses, your baby is be preferable to have an abortion. In ment tomorrow in the Senate. We have going to die. We are not going to do fact, they were offered a partial-birth a chance to stand as a body for these anything. This baby is so sick, has such abortion. little children, these imperfect little a little brain, so many complications, Again, as the doctor explained it, the children who the world and, unfortu- we are not going to deal with it. Guess baby would be partially delivered, the nately, Members of the Senate believe what. She didn’t give up. She kept liv- surgical instrument inserted into the are somehow less worthy of being born ing. So now the doctors had this baby, base of the skull, the brains would be because they may not live long or they now alive three days, and they don’t extracted, or what there was of the may be in pain and it would be mer- know what to do with her. This baby brain, and the rest of the body would ciful to put them out of their misery. I keeps living and she should have been be delivered. Of course, they rejected am sure Andrew Goin would say, please dead. that option. One of the doctors said, don’t show me that kind of mercy. In Finally, three days later, they im- after they rejected the option, that fact, we have lots of other children who planted a shunt to drain off the excess shunt surgery to relieve the pressure, were born who I am sure would say, fluid. Of course, the shunt should have the fluid on the baby’s brain, would not please don’t show me that kind of been in as soon as possible to minimize be performed if the child’s quality of mercy. the damage, but they waited three life prospects did not warrant it. That A picture here of Tony Melendez. days. What has happened ever since goes back to the Donna Joy situation. Tony was born with no arms, 11 toes, then has been remarkable. Yes, there Christian was born in June of 1993. He and severe clubfoot. That is little were complications. The shunts required special medical care. A CAT

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12927 Scan revealed he suffered a stroke in bright side. Some are just tragic and cations, pursuant to section 302 of the utero, which caused excess fluid to tragic and tragic. Congressional Budget Act, in the fol- build up in his brain. It showed that But I can tell you as a family who lowing amounts: the lower level quadrant of his brain has gone through the loss of a child, [In millions of dollars] was missing. Within a week of his and what we thought was a normal Budget birth, he had the first shunt surgery to pregnancy didn’t go the way we had authority Outlays Deficit drain fluid, and he had a follow-up pro- hoped, accepting your child, loving your child, taking your children as Current allocation: cedure in three months. He exceeded General purpose discretionary ...... 550,441 557,580 ...... everybody’s expectations. So a baby, they are, for as long as they are to be Violent crime reduction fund ...... 4,500 5,554 ...... may be the hardest thing you can do. Highways ...... 24,574 ...... which doctors initially believed was Mass transit ...... 4,117 ...... blind, had no capacity for learning, But it is the best that we can do—not Mandatory ...... 321,502 304,297 ...... just for the child whose life you have grew to a little boy who talked, Total ...... 876,443 896,122 ...... walked, ran, sang, enjoyed playing affirmed and accepted but in your life. In the case of Mark, the little boy Adjustments: baseball and basketball. He attended General purpose discretionary ...... +7,063 +4,118 ...... preschool. His heroes were Cal Ripken, knew he was loved. He lived a couple of Violent crime reduction fund ...... hours. Karen and I and our family have Highways ...... Jr., Batman, Spiderman, and the Mass transit ...... Backstreet Boys. He loved whales and the knowledge that for those hours we Mandatory ...... opened up our arms to him, and during dolphins. His favorite movie was An- Total ...... +7,063 +4,118 ...... gels in the Outfield. And he especially those 2 hours he knew he was loved. What a wonderful life we could all loved his baby sister, who was two Revised allocation: have if that is all we had. General purpose discretionary ...... 557,504 561,698 ...... years younger than he. Christian We have a chance tomorrow to draw Violent crime reduction fund ...... 4,500 5,554 ...... brought joy to all who were fortunate Highways ...... 24,574 ...... a bright line. A bright line needs to be Mass transit ...... 4,117 ...... enough to know him. drawn for this country. If there is a Mandatory ...... 321,502 304,297 ...... In August, Christian began experi- time in our society and in our world Total ...... 883,506 900,240 ...... encing head pains. Here is little Chris- when we need a bright line separating tian in this photo, and this is his little I hereby submit revisions to the 2000 life and death, I can think of no better budget aggregates, pursuant to sec- baby sister. His shunt was malfunc- time. tion 311 of the Congressional Budget tioning, and it had to be replaced. Act in the following amounts: This debate today and tomorrow is Current allocation: Budget resolution ..... 1,445,390 1,428,962 ¥20,880 After surgery, Christian experienced Adjustments: Emergencies and arrear- drawing that line, affirming that once ¥ cardiac arrest respiratory distress. He a baby is in the process of being born ages ...... +7,063 +4,118 4,118 slipped into a coma. Fluid continued to and there is a partial-birth abortion Revised allocation: Budget resolution ..... 1,452,453 1,433,080 ¥24,998 accumulate on his brain. He fought outside of the mother, the line has f hard to live. But he didn’t. He died 2 been crossed. It is not a fuzzy line. If years ago on August 8 at the age of 4. we perform that kind of brutality to a EXPLANATION OF VOTE If you think these kids don’t matter, little baby who would otherwise be Mr. DODD. Mr. President, I was nec- if you think this option is just all pain, born alive, it is beneath us as a coun- essarily absent while attending to a ask Mark and Dianne whether they try. family member’s medical condition would trade the 4 years. They have History will look back at this debate, during Senate action on rollcall votes those wonderful memories—difficult, I am sure, and wonder how it could Nos. 328 and 329. sure; painful, sure. But they believed in have ever occurred. How we could ever Had I been present for the votes, I their child. They loved him. They nur- have done that to the most helpless would have voted as follows: On rollcall tured him. And he returned much more among us? How did we ever cross the vote No. 328, adoption of the conference than they ever gave—not just to them line? report on H.R. 2684, a bill making ap- but to all of us. But tomorrow those Members of the propriations for the Departments of Do you want to know how they felt Senate will have a chance to tell a dif- Veterans Affairs and Housing and about their little brother? ferent story for history, to say that the Urban Development, and for sundry Last year, on his anniversary, these greatest deliberative body in the world independent agencies, boards, commis- are little ads taken out in the Harris- will strike a clear blow for the right to sions, corporations, and offices for the burg Patriot News by his sisters, his life for little children during the proc- fiscal year ending September 30, 2000, I brother, his mom and dad. ess of being born. would have agreed to the conference re- His sister said: I don’t think it is too much to ask. port. On rollcall vote No. 329, the mo- Christian, we love you, we miss you, we But I do ask it of my colleagues. I tion to table Senate Amendment No. wish we could kiss you just one more time. plead with them to find somewhere in 2299, a Reid perfecting amendment to His brother, Mark: their hearts the strength to stand up the campaign finance reform bill, I I have a poem for you. and do what is right for this country, would have voted not to table the Blue jays are blue, and I love you; robins what is right for the little children, amendment. are red, and I miss you in bed; sparrows are and say no to partial-birth abortions. f Mr. President, I yield the floor. black, I wish you were back; I am sorry for CAMPAIGN FINANCE REFORM the bad things I did to you, you are the best f and the only brother I ever had, please watch Mr. MOYNIHAN. Mr. President, we over us and take care of us. Love Mark. SUBMITTING CHANGES TO THE have now set aside—until the next BUDGETARY AGGREGATES AND His mom and dad: time!—the McCain-Feingold legislation APPROPRIATIONS COMMITTEE on campaign finance reform. I did not Our arms ache to hold you again. Our ALLOCATION hearts are forever broken, but we thank God speak during this most recent debate. we had a chance to love you. We know your Mr. DOMENICI. Mr. President, sec- The third in three years, and for cer- smile is brightening up the heavens, and that tion 314 of the Congressional Budget tain not the last as Senator FEINGOLD Jesus loves the little children. Please help us Act, as amended, requires the Chair- made clear last evening on the to carry on until the day we can all play to- man of the Senate Budget Committee ‘‘NewsHour with Jim Lehrer.’’ I sup- gether again. to adjust the appropriate budgetary ag- ported the reform with only a faint What would be missed, as some would gregates and the allocation for the Ap- sense of familiarity. Here we are, re- suggest, if we just take all of this pain propriations Committee to reflect forming the results of the last reform. away, and kill this baby before it amounts provided for emergency re- A not infrequent task of Congress. But would suffer through this horrible life? quirements and arrearages for inter- now it might be useful to offer a few re- The McNaughtons would not trade a national organizations, international lated observations. minute. I think it is obvious they peacekeeping, and multilateral devel- The first is to state that raising wouldn’t trade a minute. opment banks. money for political campaigns has All of the stories are not happy ones. I hereby submit revisions to the 2000 never been a great burden for this Sen- All of the sad stories do not have a Senate Appropriations Committee allo- ator, and for the simple reason that I

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12928 CONGRESSIONAL RECORD — SENATE October 20, 1999 hardly do any. One dinner a term, per- disclosure rules with the 1925 Federal tions could very well be taken hostage haps two. Some receptions. Lots of Corrupt Practices Act, requiring polit- by a select band of anonymous donors mail. Not surprisingly the results are ical committees to report total con- and political hit men.’’ There must be not exactly spectacular. In 1994, my tributions and expenditures. The Court a better way. last campaign, and which will be my upheld this Act in Burroughs v. United Might I suggest that the way to re- last campaign, the Federal Elections States, declaring that Congress has the duce the influence of these ‘‘select Commission records our having raised prerogative to ‘‘pass appropriate legis- band of anonymous donors and polit- $6,100,147. This is for the State of New lation to safeguard (a Presidential) ical hit men’’ and to reduce the un- York, the third most populous in the election from the improper use of godly amount of money being used in nation. But it sufficed. For practical money to influence the result.’’ We campaigns is free television time for purposes, all the money went to tele- continue to debate how to exercise that candidates. Frankel writes: vision, with the incomparable Doug prerogative today. It would be cheaper by far if Federal and Schoen keeping an eye on the numbers But may I focus on one particular as- State treasuries paid directly for the tele- lest trouble appear unexpectedly. Our pect of campaign funding, which is rel- vision time that candidates need to define campaign staff never had ten persons, atively new? Money for television. Ease themselves to the public—provided they pur- this by providing free television time— chased no commercial time of their own. De- which may sound small to some, but I mocracy would be further enhanced if tele- believe was our largest ever. Even so, those are public airways—and as much vision stations that sold time to special in- we have done well. In 1988, I received about the problem goes away as will terest groups in election years were required, some 4,000,000 votes and won by more ever be managed in this vale of toil and in return for the use of the public spectrum, than 2,000,000 votes, the largest numer- sin. to give equal time to opposing views. But so ical margin of victory in any legisla- Max Frankel, the long-time and ven- long as expensive television commercials are tive election in history. I say all this erable editor of the New York Times our society’s main campaign weapons, politi- cians will not abandon the demeaning and simply to note that just possibly and a wise and seasoned observer of American politics, addressed this issue often corrupt quest for ever more money money isn’t everything. But if we from ever more suspect sources. think it is, it might as well be. And so in the October 26, 1997 New York Times Magazine: The version of the McCain-Feingold we must persevere. bill we have been considering restricts This July, in his celebrated Wall The movement to clean up campaign fi- nancing is going nowhere for the simple rea- so-called ‘‘soft money’’—contributions Street Journal column, Paul Gigot re- that national, state, county, and local ferred to me as an ‘‘old pol’’ and an son that the reformers are aiming at the wrong target. They are laboring to limit the party organizations may collect and ‘‘ever loyal Democrat.’’ I wrote to flow of money into politics when they should spend freely provided only that the tel- thank him, for this is pretty close to be looking to limit the candidates’ need for evision messages they produce with the the truth. If I have spent time in uni- money to pay for television time. It is the funds are disguised to appear ‘‘unco- versities it was usually seeking sanc- staggering price of addressing the voters ordinated’’ with any candidate’s cam- that drives the unseemly money chase. tuary after a failed election, my own or paign. This is a good first step. But it others. I go back before polling, and be- To run effectively for major office is not enough. Even if soft money and fore television. (Although in 1953 I did nowadays one needs to spend millions slimy variants were prohibited, polit- write a 15-minute television speech for for television commercials that spread ical money would reappear in liquid or the Democratic candidate for Mayor of your fame, shout your slogans, de- vaporous form. If we want to make sig- New York City, Robert F. Wagner, Jr. nounce your opponents, and counteract nificant changes with regard to how we It might have been seen by 10,000 peo- television attacks. A campaign costing conduct campaigns, we must—to repeat ple.) But of course polling caught on, $10 million for a governorship or seat Frankel—look beyond limiting the as the mathematics got better, and tel- in the Senate is a bargain in many flow of money into politics and rather evision has never stopped. And these, states. The President, even with all the look to limiting the candidates’ need of course, are the technologies that advantages of the White House at his for money to pay for television time. seemingly confound us today. But this command, appears to have spent more Frankel concludes his piece on cam- subject has been with us the longest than $250 million on television ads pro- paign finance reform by stating that while. moting his reelection in 1996. $250 mil- ‘‘there is no point dreaming of a law Congress first placed restrictions on lion! that says ‘you may not’ so long as the political spending with the Naval Ap- The problem of so-called ‘‘issue advo- political system daily teaches the par- propriations Bill of 1867 which prohib- cacy’’ is only fueling the amount of ticipants ‘you must.’ Until candidates ited Navy officers and Federal employ- money going into television ads and for office in America are relieved of the ees from soliciting campaign funds further distorting our electoral system. costly burden of buying television from navy yard workers. On February 10, 1998, Tim Russert de- time, the scandals will grow.’’ He could Faced with allegations that corpora- livered the fifth annual Marver H. not be more right. tions had bought influence with con- Bernstein Symposium on Govern- f tributions to his campaign, President mental Reform at Georgetown Univer- Theodore Roosevelt called for cam- sity. In his address, he asserted that DEPARTMENTS OF VETERANS AF- paign finance reform in his 1905 and ‘‘television ads paid for by the can- FAIRS AND HOUSING AND URBAN 1906 State of the Union addresses. In didates themselves are (not) going to DEVELOPMENT APPROPRIATIONS response, Congress passed the Tillman be the problem in future election cy- VERMONT RURAL FIRE PROTECTION TASK FORCE Act of 1907, banning corporate gifts to cles. That distinction will be earned by Mr. JEFFORDS. Mr. President, I Federal candidates. And during World so-called ‘issue advocacy’ advertising first thank Senator BOND for all of his War II, the War Labor Disputes Act of by ideological and single issue groups.’’ hard work on the FY 2000 Departments 1943, known as the Smith-Connally He made the point that, unlike can- of Veterans Affairs and Housing and Act, temporarily prohibited unions didates, these groups are not subject to Urban Development Appropriations from making contributions in Federal campaign contribution limits or disclo- bill, and the attention he paid to prior- elections. In 1947, the Taft-Hartley Act sure requirements. ities in my home State of Vermont. I made this wartime measure perma- In Buckley v. Valeo the Supreme would like to briefly discuss with the nent. As my colleagues well know, court held that these ads are protected Senator from Missouri the $600,000 pro- these bans have been made virtually ir- speech under the First Amendment. We vided in the Conference Report for the relevant with the advent of so-called are told that requiring such groups to Vermont Rural Fire Protection Task ‘‘soft money.’’ disclose their list of contributors Force. Requirements for the disclosure of might be a violation of the First It is my understanding that the funds donors originated in the so-called Pub- Amendment under NAACP v. Alabama. provided are for the purchase of per- licity Act of 1910 which required the Mr. Russert contends that ‘‘unless the sonal safety equipment that includes, treasurer of political committees to re- Fourth Estate is able to identify these but is not limited to the following: self- veal the names of all contributors of groups and ferret out their funding, contained breathing apparatus, fire re- $100 or more. Congress expanded the and explain their agenda, many elec- sistant turn out gear (helmets, coats

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12929 pants, boots, hoods, gloves, and the REPORT ON NATIONAL EMER- Mr. Larry Shapiro of California, engaged in like), personal pagers, personal ac- GENCY WITH RESPECT TO NAR- the business of providing Internet portal or countability system to fulfill require- COTICS TRAFFICKERS IN COLOM- search services. ments of OSHA’s two in two out rule, BIA—MESSAGE FROM THE At 2:43 p.m., a message from the portable radios and personal hand PRESIDENT—PM 67 House of Representatives, delivered by lights. The need for new firefighting The PRESIDING OFFICER laid be- equipment is great in Vermont, be- Ms. Niland, one of its reading clerks, fore the Senate the following message announced that the House has agreed cause of the new OSHA regulations. I from the President of the United hope that the funds provided in this to the report of the committee of con- States, together with an accompanying ference on the disagreeing votes of the bill will be matched 50 percent with report; which was referred to the Com- non-federal funds. two Houses on the amendment of the mittee on Banking, Housing, and Senate to the bill (H.R. 2670) making Further, it is my understanding that Urban Affairs. the funds will be administered by the appropriations for the Departments of Vermont Rural Fire Protection Task To the Congress of the United States: Commerce, Justice, and State, the Ju- Force supported by the George D. As required by section 401(c) of the diciary, and related agencies for the Aiken and the Northern Vermont Re- National Emergencies Act, 50 U.S.C. fiscal year ending September 30, 2000, source Conservation and Development 1641(c), and section 204(c) of the Inter- and for other purposes. Council. national Emergency Economic Powers ENROLLED BILL SIGNED Mr. BOND. The Senator from Act (IEEPA), 50 U.S.C. 1703(c), I trans- At 8:18 p.m., a message from the Vermont has accurately described the mit herewith a 6-month periodic report House of Representatives, delivered by intentions of the Conference Report ac- on the national emergency with re- Ms. Niland, one of its reading clerks, companying the FY 2000 Departments spect to significant narcotics traf- announced that the Speaker has signed of Veterans Affairs and Housing and fickers centered in Colombia that was the following enrolled bill: Urban Development Appropriations declared in Executive Order 12978 of Oc- H.R. 2841. An act to amend the Revised Or- bill. tober 21, 1995. ganic Act of the Virgin Islands to provide for f WILLIAM J. CLINTON. greater fiscal autonomny consistent with The White House, October 20, 1999. other United States jursdiction, and for THE VERY BAD DEBT BOXSCORE f other purposes. Mr. HELMS. Mr. President, at the MESSAGES FROM THE HOUSE f close of business yesterday, Tuesday, October 19, 1999, the Federal debt stood At 1:20 p.m., a message from the MEASURES REFERRED at $5,670,293,241,725.48 (Five trillion, six House of Representatives, delivered by The following bills were read the first hundred seventy billion, two hundred Ms. Niland, one of its reading clerks, and second times by unanimous con- ninety-three million, two hundred announced that the House has passed sent and referred as indicated: forty-one thousand, seven hundred the following bills, in which it requests H.R. 1497. An act to amend the Small Busi- twenty-five dollars and forty-eight the concurrence of the Senate. ness Act with respect to the women’s busi- cents). H.R. 1497. An act to amend the Small Busi- ness center program; to the Committee on One year ago, October 19, 1998, the ness Act with respect to the women’s busi- Small Business. Federal debt stood at $5,541,765,000,000 ness center program. H.R. 3046. An act to preserve limited Fed- H.R. 1887. An act to amend title 18, United eral agency reporting requirements on bank- (Five trillion, five hundred forty-one States Code, to punish the depiction of ani- billion, seven hundred sixty-five mil- ing and housing matters to facilitate con- mal cruelty. gressional oversight and public account- lion). H.R. 3046. An act to preserve limited Fed- ability, and for other purposes; to the Com- Five years ago, October 19, 1994, the eral agency reporting requirements on bank- mittee on Banking, Housing, and Urban Af- Federal debt stood at $4,705,195,000,000 ing and housing matters to facilitate con- fairs. (Four trillion, seven hundred five bil- gressional oversight and public account- lion, one hundred ninety-five million). ability, and for other purposes. f Ten years ago, October 19, 1989, the The message also announced that MEASURE PLACED ON THE Federal debt stood at $2,876,712,000,000 pursuant to section 1405(b) of the Child CALENDAR Online Protection Act (47 U.S.C. 231), (Two trillion, eight hundred seventy- The following bill was read twice and the Speaker appoints the following six billion, seven hundred twelve mil- place on the calendar: lion). members on the part of the House to Fifteen years ago, October 19, 1984, the Commission on Online Child Pro- H.R. 2140. An act to improve protection and management of the Chattahoochee River Na- the Federal debt stood at tection: tional Recreation Area in the State of Geor- $1,592,001,000,000 (One trillion, five hun- Mr. John Bastian of Illinois, engaged in gia. dred ninety-two billion, one million) the business of providing Internet filtering f which reflects a debt increase of more or blocking services or software. than $4 trillion—$4,078,292,241,725.48 Mr. William L. Schrader of Virginia, en- PETITIONS AND MEMORIALS gaged in the business of proving Internet ac- (Four trillion, seventy-eight billion, cess services. The following petitions and memo- two hundred ninety-two million, two Mr. Stephen Balkam of Washington, D.C., rials were laid before the Senate and hundred forty-one thousand, seven engaged in the business of providing labeling were referred or ordered to lie on the hundred twenty-five dollars and forty- or rating services. table as indicated: eight cents) during the past 15 years. Mr. J. Robert Flores of Virginia, and aca- demic export in the field of technology. POM–367. A joint resolution adopted by the f Mr. William Parker of Virginia, engaged in Legislature of the State of California rel- MESSAGES FROM THE PRESIDENT the business of making content available ative to trucks entering California from for- over the Internet. eign nations; to the Committee on Finance. Messages from the President of the ASSEMBLY JOINT RESOLUTION NO. 16 United States were communicated to The message also announced that pursuant to section 1405(b) of the Child Whereas, A recent study by the United the Senate by Mr. Williams, one of his States Government Accounting Office (GAO) secretaries. Online Protection Act (47 U.S.C. 231), and upon the recommendation of the found that Mexican commercial trucks en- EXECUTIVE MESSAGES REFERRED tering the United States often fail to meet Majority Leader, the Speaker appoints As in executive session the Presiding basic safety standards; and the following members on the part of Officer laid before the Senate messages Whereas, The GAO reported that Mexican the House of the Commission on Online from the President of the United trucks entering the United States may have Child Protection: States submitting sundry nominations serious safety violations impacting highway safety, including broken suspension systems, which were referred to the appropriate Mr. James Schmidt of California, engaged in the business of making content available substandard tires, inoperable brakes, over- committees. over the Internet. weight loads, and improperly maintained (The nominations received today are Mr. George Vrandenburg of Virginia, en- hazardous material loads; and printed at the end of the Senate pro- gaged in the business of providing domain Whereas, The report of the federal Office of ceedings.) name registration services. the Inspector General titled, ‘‘Motor Carrier

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12930 CONGRESSIONAL RECORD — SENATE October 20, 1999 Safety Program for Commercial Trucks at ing. The proposal has raised the concerns EC–5712. A communication from the Chief, U.S. Borders,’’ issued on December 28, 1998, and opposition of state policymakers around Regulations Unit, Internal Revenue Service, identified California as the only state that the country who do not want the success of Department of the Treasury, transmitting, enforces the Federal Operating Authority welfare reform to be derailed or threatened pursuant to law, the report of a rule entitled Regulation and complimented California for by reductions in this funding. This funding, ‘‘Extension of Time for Recharacterization having both the best inspection practices as well as the flexibility to administer fed- of 1998 Roth IRA Contributions’’ (Announce- and the lowest out-of-service rate; and eral programs, is critical to genuine, mean- ment 99-104), received October 14, 1999; to the Whereas, Mexico has no automated system ingful, longstanding welfare reform; and Committee on Finance. by which California law enforcement offi- Whereas, Discussions on altering or reduc- EC–5713. A communication from the Sec- cials can determine whether a Mexican com- ing block grant programs for needy families retary of Health and Human Services, trans- mercial driver has a valid license or a driv- also include proposed changes in Medicaid mitting, pursuant to law, a report relative to ing or criminal record; and options, social services block grants, child emergency funds made available to the State Whereas, The government of Mexico has no support initiatives, and efforts to secure of New Jersey because of recent floods; to laws limiting the maximum number of hours health insurance coverages for children. The the Committee on Health, Education, Labor, that drivers may safely operate a commer- possibility of bringing new conditions for the and Pensions. EC–5714. A communication from the Direc- cial vehicle and no system of worker’s com- expenditure of funds or cuts in the amounts tor, Regulations Policy and Management pensation insurance to protect drivers who of block grants has generated considerable Staff, Food and Drug Administration, De- are injured while at work; and concern across the country; and partment of Health and Human Services, Whereas, Mexico’s mandatory alcohol and Whereas, The reforms brought to the coun- try’s approach to welfare in 1996 also rep- transmitting, pursuant to law, the report of drug testing program does not adequately a rule entitled ‘‘Medical Devices; Gastro- resented a significant step in the relation- test commercial drivers and its substance- enterology and Urology Devices; Classifica- ship between Washington and the states. abuse testing laboratory has not been cer- tion of the Electrogastrography System’’, re- This new partnership allowed and even en- tified by the United States Department of ceived October 14, 1999; to the Committee on couraged the ‘‘laboratories of democracy’’ to Transportation to meet internationally Health, Education, Labor, and Pensions. agreed-upon standards for accuracy; and find solutions that account for the unique re- EC–5715. A communication from the Direc- Whereas, ‘‘Operation Alliance,’’ a federally sources and needs of each state. Michigan’s tor, Regulations Policy and Management sponsored drug-enforcement coordinating success and the similar achievements across Staff, Food and Drug Administration, De- agency and the United States Customs Serv- the nation should not be jeopardized by partment of Health and Human Services, ice drug-inspection program found that drug Washington reclaiming money promised to transmitting, pursuant to law, the report of traffickers are becoming owners of, or are the states; now, therefore, be it a rule entitled ‘‘General and Plastic Surgery obtaining controlling interests in, transpor- Resolved by the House of Representatives, Devices; Classification of the Nonreusable tation businesses, such as trucking compa- That we memorialize the Congress of the Gauze/Sponge for External Use, the nies, warehouses, and semi-trailer manufac- United Stats to reject any reduction in block Hydrophille Wound Dressing, the Occlusive turing companies, in order to take advantage grant amounts to the states through the Wound Dressing, and the Hydrogel Wound of the increased trucking trade authorized Temporary Assistance to Needy Families Dressing’’, received October 14, 1999; to the by the North American Free Trade Agree- (TANF) program or any changes in condi- Committee on Health, Education, Labor, and ment; and tions or requirements that reduce the flexi- Pensions. Whereas, The Southern California Associa- bility of the states, and be it further EC–5716. A communication from the Assist- tion of Governments recently passed a reso- Resolved, That copies of this resolution be ant General Counsel for Regulations, Office lution authorizing its regional council to transmitted to the President of the United of Student Financial Assistance, Department alert the President of the United States to States Senate, the Speaker of the United of Education, transmitting, pursuant to law, the ‘‘major safety issues involved in truck- States House of Representatives, and the the report of a rule entitled ‘‘The Secretary’s ing regulations under the North American members of the Michigan congressional dele- Recognition of Accrediting Agencies’’ Free Trade Agreement’’; and gation. (RIN1845–AA09), received October 14, 1999; to Whereas, The federal government has cho- f the Committee on Health, Education, Labor, sen not to implement the provisions of the and Pensions. North American Free Trade Agreement that EXECUTIVE AND OTHER EC–5717. A communication from the Assist- call for unlimited access by Mexican trucks COMMUNICATIONS ant General Counsel for Regulations, Depart- ment of Housing and Urban Development, to the territory of the State of California; The following communications were transmitting, pursuant to law, the report of now therefore, be it laid before the Senate, together with a rule entitled ‘‘Section 8 Moderate Rehabili- Resolved by the Assembly and Senate of the accompanying papers, reports, and doc- tation Program; Executing or Terminating State of California, jointly, That the Legisla- uments, which were referred as indi- Leases on Moderate Rehabilitation Units ture memorializes the President and the when Remaining Term of the Housing Assist- Congress of the United States to maintain cated: EC–5707. A communication from the Assist- ance Payments (HAP) Contract is for Less the existing restrictions on trucks from Mex- than One Year; Statutory Update-Interim ico and other foreign nations entering Cali- ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, pursuant to the Rule’’ (RIN2577–AB98) (FR–4472–I–01), re- fornia and to continue efforts to ensure full ceived October 19, 1999; to the Committee on Arms Export Control Act, a report relative compliance by the owners and drivers of Banking, Housing, and Urban Affairs. those trucks with all highway safety, envi- to certification of a proposed license for the EC–5718. A communication from the Assist- ronmental, and drug-enforcement laws; and export of defense articles or defense services ant General Counsel for Regulations, Depart- be it further sold commercially under a contract in the ment of Housing and Urban Development, Resolved, That the Chief Clerk of the As- amount of $50,000,000 or more to Japan; to transmitting, pursuant to law, the report of sembly transmit copies of this resolution to the Committee on Foreign Relations. a rule entitled ‘‘Introduction to FHA Pro- the President and the Vice President of the EC–5708. A communication from the Execu- grams; CFR Correction’’ (FR–Doc. 99–55532), United States, to the Speaker of the House tive Director, Committee for Purchase from received October 19, 1999; to the Committee of Representatives, to each Senator and Rep- People who are Blind or Severely Disabled, on Banking, Housing, and Urban Affairs. resentative from California in the Congress transmitting, pursuant to law, the report of EC–5719. A communication from the Assist- of the United States, and to the Governor. a rule relative to pricing and shipping regu- ant General Counsel for Regulations, Depart- lations, received October 15, 1999; to the ment of Housing and Urban Development, POM–368. A resolution adopted by the Committee on Governmental Affairs. transmitting, pursuant to law, the report of House of the Legislature of the State of EC–5709. A communication from the Direc- a rule entitled ‘‘Introduction to FHA Pro- Michigan relative to block grant amounts to tor, Office of Management and Budget, Exec- grams; CFR Correction (Second Correction)’’ the states through the Temporary Assist- utive Office of the President, transmitting, (FR–Doc. 99–55536), received October 19, 1999; ance to Needy Families program; to the pursuant to law, a report relative to its com- to the Committee on Banking, Housing, and Committee on Finance. mercial activities inventory; to the Com- Urban Affairs. mittee on Governmental Affairs. EC–5720. A communication from the Assist- HOUSE RESOLUTION NO. 48 EC–5710. A communication from the Execu- ant General Counsel for Regulations, Depart- Whereas, A key component of the welfare tive Director, Marine Mammal Commission, ment of Housing and Urban Development, reforms enacted in 1996 is the Temporary As- transmitting, pursuant to law, a report rel- transmitting, pursuant to law, the report of sistance to Needy Families block grant pro- ative to its commercial activities inventory; a rule entitled ‘‘Single Family Mortgage In- gram. The levels of these block grants were to the Committee on Governmental Affairs. surance; Clarification of Floodplain Require- guaranteed for a five-year period as a means EC–5711. A communication from the Direc- ments Applicable to New Construction; Final to help in the transformation of the nation’s tor, Office of Management and Budget, Exec- Rule’’ (RIN2502–AH16) (FR–4323–F–02), re- approach to welfare and helping people help utive Office of the President, transmitting, ceived October 19, 1999; to the Committee on themselves; and pursuant to law, a report entitled ‘‘Agency Banking, Housing, and Urban Affairs. Whereas, A proposal has surfaced in Wash- Compliance with the Unfunded Mandates Re- EC–5721. A communication from the Assist- ington to have the states return unobligated form Act of 1995’’; to the Committee on Gov- ant General Counsel for Regulations, Depart- balances from the TANF block grant fund- ernmental Affairs. ment of Housing and Urban Development,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12931 transmitting, pursuant to law, the report of By Mr. HATCH (for himself and Mr. size of the System to include coastal a rule entitled ‘‘Section 8 Housing Assist- LEAHY): barriers in Puerto Rico, the U.S. Virgin ance Payments Program; Contract Rent An- S. 1754. A bill entitled the ‘‘Denying Safe Islands, the Great Lakes and additional nual Adjustment Factors, Fiscal Year 2000 Havens to International and War Criminals (Notice of Revised Contract Rent Annual Ad- Act of 1999’’; to the Committee on the Judici- areas along the Atlantic and Gulf justment Factors)’’ (FR–4528–N–01), received ary. coasts. We also allowed the inclusion of October 19, 1999; to the Committee on Bank- By Mr. BROWNBACK (for himself and areas that are already protected for ing, Housing, and Urban Affairs. Mr. DORGAN): conservation purposes such as parks EC–5722. A communication from the Assist- S. 1755. A bill to amend the Communica- and refuges. Currently the System is ant General Counsel for Regulations, Depart- tions Act of 1934 to regulate interstate com- comprised of 3 million acres and 2,500 merce in the use of mobile telephones; to the ment of Housing and Urban Development, shoreline miles. transmitting, pursuant to law, the report of Committee on Commerce, Science, and a rule entitled ‘‘Fair Market Rents for the Transportation. Development of these areas decreases Section 8 Housing Assistance Payments Pro- By Mr. BINGAMAN (for himself and their ability to absorb the force of gram for Fiscal Year 2000 (Notice of Final Mrs. MURRAY): storms and buffer the mainland. The Fiscal Year (FY) 2000 Fair Markets Rents S. 1756. A bill to enhance the ability of the National Laboratories to meet Department devastating floods of Hurricane Floyd (FMRs))’’ (FR–4496–N–02), received October are a reminder of the susceptibility of 19, 1999; to the Committee on Banking, Hous- of Energy missions and for other purposes; to ing, and Urban Affairs. the Committee on Energy and Natural Re- coastal development to the power of EC–5723. A communication from the Legis- sources. nature. The Federal Emergency Man- lative and Regulatory Activities Division, By Mr. COCHRAN: agement Agency reports that 10 major Administrator of National Banks, Comp- S. 1757. A bill to amend title XVIII of the disaster declarations were issued for troller of the Currency, transmitting, pursu- Social Security Act to improve access to rural health care providers; to the Com- this hurricane, more than for any other ant to law, the report of a rule entitled ‘‘Ex- single hurricane or natural disaster. In tended Examination Cycle for U.S. Branches mittee on Finance. and Agencies of Foreign Banks’’ (RIN3064– By Mr. COVERDELL (for himself, Mr. fact, 1999 sets a record for major dis- AC15), received October 19, 1999; to the Com- DEWINE, and Mr. GRASSLEY): aster declarations—a total of 14 in this mittee on Banking, Housing, and Urban Af- S. 1758. A bill to authorize urgent support year alone. As the number of disaster fairs. for Colombia and front line states to secure declarations has crept up steadily since peace and the rule of law, to enhance the ef- f the 1980’s, so has the cost to taxpayers. fectiveness of anti-drug efforts that are es- REPORTS OF COMMITTEES sential to impending the flow of deadly co- Congress has approved on average $3.7 billion a year in supplemental disaster The following reports of committees caine and heroin from Colombia to the aid in the 1990’s, compared to less than were submitted: United States, and for other purposes; to the Committee on Foreign Relations. $1 billion a year in the decade prior. By Mr. CAMPBELL, from the Committee on Indian Affairs, without amendment: f Homeowners know the risk of build- S. 1290. A bill to amend title 36 of the STATEMENTS ON INTRODUCED ing in these highly threatened areas. United States Code to establish the Amer- BILLS AND JOINT RESOLUTIONS Despite this taxpayers are continually ican Indian Education Foundation, and for being asked to rebuild homes and busi- other purposes (Rept. No. 106–197). By Mr. CHAFEE (for himself, Mr. By Mr. MURKOWSKI, from the Committee CRAPO, Mr. MOYNIHAN, and Mr. nesses in flood-prone areas. The Na- on Energy and Natural Resources, with an LIEBERMAN): tional Wildlife Federation came out amendment in the nature of a substitute: S. 1752. A bill to reauthorize and with a study that found that over forty S. 624. A bill to authorize construction of amend the Coastal Barrier Resources percent of the damage payments from the Fort Peck Reservation Rural Water Sys- Act; to the Committee on Environment the National Flood Insurance Program tem in the State of Montana, and for other and Public Works. go to people who have had at least one purposes (Rept. No. 106–198). THE COASTAL BARRIER RESOURCES previous claim. A New Jersey auto re- f REAUTHORIZATION ACT OF 1999 pair shop made 31 damage claims in 15 EXECUTIVE REPORT OF A ∑ Mr. CHAFEE. Mr. President, I am years. COMMITTEE here today to introduce a bill to reau- At a time when climatologists be- The following executive report of a thorize the Coastal Barrier Resources lieve that Floyd and other major hurri- committee was submitted: Act (CBRA). Most people do not realize canes signal the beginning of a period By Mr. MURKOWSKI, for the Committee that coastal barriers are the first line of turbulent hurricane activity after on Energy and Natural Resources: of defense protecting the mainland three decades of relative calm, safety David J. Hayes, of Virginia, to be Deputy from major storms and hurricanes, and factors of continuing to develop coastal Secretary of the Interior. this extremely vulnerable area is under barrier regions must also be consid- (The above nomination was reported increasing developmental pressure. ered. As roadway systems have not with the recommendation that he be From 1960 to 1990, the population of kept up with population growth, it will confirmed, subject to the nominee’s coastal areas increased from 80 to 110 become increasingly difficult to evac- commitment to respond to requests to million and is projected to reach over uate coastal areas in the face of a appear and testify before any duly con- 160 million by 2015. Continued develop- major storm. stituted committee of the Senate.) ment on and around coastal barriers Beyond the economic and safety f place people, property and the environ- issues, another compelling reason to ment at risk. INTRODUCTION OF BILLS AND support the Coastal Barrier Resources JOINT RESOLUTIONS To address this problem Congress passed CBRA in 1982. This extremely Act is that it contributes to the protec- The following bills and joint resolu- important legislation prohibits the tion of our Nation’s coastal resources. tions were introduced, read the first Federal government from subsidizing Coastal barriers protect and maintain and second time by unanimous con- flood insurance, and providing other fi- the wetlands and estuaries essential to sent, and referred as indicated: nancial assistance such as beach re- the survival of innumerable species of By Mr. CHAFEE (for himself, Mr. plenishment within the Coastal Barrier fish and wildlife. Large populations of CRAPO, Mr. MOYNIHAN, and Mr. LIE- Resources System. Nothing in CBRA waterfowl and other migratory birds BERMAN): prohibits development on coastal bar- depend on the habitat protected by S. 1752. A bill to reauthorize and amend the coastal barriers for wintering areas. Coastal Barrier Resources Act; to the Com- riers, it just gets the Federal govern- mittee on Environment and Public Works. ment out of the business of subsidizing Undeveloped coastal barriers also pro- By Mr. HATCH (for himself, Mr. ABRA- risky development. vide unique recreational opportunities, HAM, Mr. LEAHY, and Mr. KENNEDY): The law proved to be so successful and deserve protection for present and S. 1753. A bill to amend the Immigration that we expanded the Coastal Barrier future public enjoyment. and Nationality Act to provide that an System in 1990 with the support of the The legislation which I am intro- adopted alien who is less than 18 years of age may be considered a child under such Act if National Taxpayers Union, the Amer- ducing today would reauthorize the adopted with or after a sibling who is a child ican Red Cross, Coast Alliance and Tax Act for eight years and make some nec- under such Act; to the Committee on the Ju- Payers for Common Sense, to name essary changes to improve implemen- diciary. just a few. The 1990 Act doubled the tation. A new provision would establish

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12932 CONGRESSIONAL RECORD — SENATE October 20, 1999 a set of criteria for determining wheth- During fiscal year 1996, a total a 351 DENYING SAFE HAVENS TO INTERNATIONAL AND er a coastal barrier is developed. Codi- immigrant orphans older than age 9 WAR CRIMINALS ACT OF 1999 fying the criteria will make it easier were adopted by U.S. citizens, out of Mr. HATCH. Mr. President. I rise for homeowners, Congress and the Fish 11,316 immigrant orphans adopted by today to introduce, along with Senator and Wildlife Service to determine if an U.S. citizens overall that year. LEAHY of Vermont, a bill titled ‘‘Deny- area qualifies as an undeveloped coast- I thank Congressman HORN for his ing Safe Havens to International and al barrier. The legislation would also leadership in this issue. I certainly War Criminals Act of 1999.’’ This is an require the Secretary of the Interior to hope that we can act of this measure important measure that I hope can complete a pilot project to determine before we adjourn. move promptly through the Senate Ju- the feasibility of creating digital I ask unanimous consent that the diciary Committee and through the versions of the coastal barrier system text of this bill be printed in the Senate. The provisions contained in maps. Digital maps would improve the RECORD. this bill are crucial in combating crime accuracy of the older coastal barrier There being no objection, the bill was internationally. I believe that it will maps, and make it easier for the De- ordered to be printed in the RECORD, as give law enforcement critical tools in partment of Interior and homeowners follows: more effectively pursuing fugitives and to determine where a structure is lo- S. 1753 ware criminals. cated. Eventually, we hope that the en- Be it enacted by the Senate and House of Rep- I thank my ranking member for his work on this matter. This bill incor- tire System can be accessed by the resentatives of the United States of America in Congress assembled, porates in title III, his own bill dealing Internet. SECTION 1. PROVIDING THAT AN ADOPTED with war criminals and it is an impor- I believe that Congress should make ALIEN WHO IS LESS THAN 18 YEARS every effort to conserve barrier islands tant component of this legislation. OF AGE MAY BE CONSIDERED A I ask unanimous consent to include and beaches. This legislation offers an CHILD UNDER THE IMMIGRATION the text of the bill in the RECORD. opportunity to increase protection of AND NATIONALITY ACT IF ADOPTED WITH OR AFTER A SIBLING WHO IS A [Data not available at time of print- coastal barriers, and at the same time, CHILD UNDER SUCH ACT. ing.] saves taxpayers money. I urge my col- (a) IN GENERAL.—Section 101(b)(1) of the ∑ Mr. LEAHY. Mr. President, I am leagues to support this legislation.∑ Immigration and Nationality Act (8 U.S.C. pleased to introduce today with Sen- 1101(b)(1)) is amended— ator HATCH a bill to give United States By Mr. HATCH (for himself, Mr. (1) in subparagraph (E)— law enforcement agencies important ABRAHAM, Mr. LEAHY, and Mr. (A) by inserting ‘‘(i)’’ after ‘‘(E)’’; and tools to help them combat inter- KENNEDY): (B) by adding at the end the following: national crime. The ‘‘Denying Safe S. 1753. A bill to amend the Immigra- ‘‘(ii) subject to the same proviso as in Haven to International and War Crimi- tion and Nationality Act to provide clause (i), a child who (I) is a natural sibling of a child described in clause (i) or subpara- nals Act of 1999’’ contains a number of that an adopted alien who is less than graph (F)(i); (II) was adopted by the adoptive provisions that I have long supported. 18 years of age may be considered a parent or parents of the sibling described in Unfortunately, crime and terrorism child under such Act if adopted with or such clause or subparagraph; and (III) is oth- directed at Americans and American after a sibling who is a child under erwise described in clause (i), except that the interests abroad are part of our modern such Act; to the Committee on the Ju- child was adopted while under the age of reality. Furthermore, organized crimi- diciary. eighteen years; or’’; and (2) in subparagraph (F)— nal activity does not recognize na- KEEPING IMMIGRANT SIBLINGS TOGETHER (A) by inserting ‘‘(i) after ‘‘(F)’’; tional boundaries. With improvements Mr. HATCH. Mr. President, I rise (B) by striking the period at the end and in technology, criminals now can move today to introduce a bill corresponding inserting ‘‘; or’’; and about the world with ease. They can to one introduced by Congressman (C) by adding at the end the following: transfer funds with the push of a but- HORN of California and passed the ‘‘(ii) subject to the same provisos as in ton, or use computers and credit card House of Representatives this week. clause (i), a child who (I) is a natural sibling numbers to steal from American citi- The intent of this bill is to allow immi- of a child described in clause (i) or subpara- zens and businesses from any spot on grant orphan siblings to stay together graph (E)(i); (II) has been adopted abroad, or the globe. They can strike at Ameri- is coming to the United States for adoption, when being adopted by U.S. citizens. cans here and abroad. They can com- Under current law, a U.S. citizen by the adoptive parent (or prospective adop- tive parent) or parents of the sibling de- mit crimes abroad and flee quickly to may bring an immigrant child they scribed in such clause or subparagraph; and another jurisdiction or country. The have adopted to the United States if (III) is otherwise described in clause (i), ex- playing field keeps changing, and we the child is under the age of 16. This cept that the child is under the age of eight- need to change with it. bill would allow U.S. citizens to adopt een at the time a petition is filed in his or This bill would help make needed immigrant children ages 16–17 if the her behalf to accord a classification as an modifications in our laws, not with adoption would keep a group of siblings immediate relative under section 201(b).’’. sweeping changes but with thoughtful together. (b) CONFORMING AMENDMENTS RELATING TO provisions carefully targeted at spe- Mr. President, I agree with Mr. NATURALIZATION.— (1) DEFINITION OF CHILD.—Section 101(c)(1) cific problems faced by law enforce- HORN’s conclusion that family unity is of the Immigration and Nationality Act (8 ment. We cannot stop international a frequently cited goal of our immigra- U.S.C. 1101(c)) is amended by striking ‘‘six- crime without international coopera- tion policy, and this proposal would teen years,’’ and inserting ‘‘sixteen years tion, and this bill gives additional tools promote that goal. Under current law, (except to the extent that the child is de- to investigators and prosecutors to if children are adopted by U.S. citizens scribed in subparagraph (E)(ii) or (F)(ii) of promote such cooperation, while nar- and the oldest sibling is 16 or 17, the subsection (b)(1)),’’. rowing the room for maneuver that oldest sibling cannot come to the (2) CERTIFICATE OF CITIZENSHIP.—Section international criminals and terrorists United States with his or her brothers 322(a)(4) of the Immigration and Nationality now enjoy. Act (8 U.S.C. 1433(a)(4)) is amended— and sisters under current law. It seems (A) by striking ‘‘16 years’’ and inserting I initially introduced title I, section 4 clear to me that siblings of these ‘‘16 years (except to the extent that the child of this bill, regarding fugitive young ages ought not to be separated. is described in clause (ii) of subparagraph (E) disentitlement, on April 30, 1998, in the Further, foreign adoption authorities or (F) of section 101(b)(1))’’; and ‘‘Money Laundering Enforcement and in some cases do not allow the separa- (B) by striking ‘‘subparagraph (E) or (F) of Combating Drugs in Prisons Act of tion of siblings. In such cases, if a U.S. section 101(b)(1).’’ and inserting ‘‘either of 1998,’’ S. 2011, with Senators DASCHLE, citizen wanted to adopt a group of sib- such subparagraphs.’’. KOHL, FEINSTEIN and CLELAND. Again, lings and one of them is 16 or older, the on July 14, 1998, I introduced with Sen- citizen would lose the opportunity to By Mr. HATCH (for himself and Mr. ator BIDEN, on behalf of the Adminis- adopt any of them under current law. LEAHY): tration, the ‘‘International Crime Con- As Mr. HORN’s analysis of the con- S. 1754. A bill entitled ‘‘Denying Safe trol Act of 1998,’’ S. 2303, which con- sequences of this bill confirm, this bill Havens to International and War tains most of the provisions set forth is unlikely to cause a significant in- Criminals Act of 1999; to the Com- in this bill. Virtually all of the provi- crease in immigration levels overall. mittee on the Judiciary. sions in the bill were also included in

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12933 another major anti-crime bill, the to use our courts at the same time politics and pathologies of particular ‘‘Safe Schools, Safe Streets, and Se- they are evading our laws. regimes engaged in genocide and cure Borders Act of 1998,’’ S. 2484, that Section 5 would permit the transfer human rights abuses is often necessary I introduced on September 16, 1998, of prisoners to their home country to for effective prosecutions of these cases along with Senators DASCHLE, BIDEN, serve their sentences, on a case-by-case and may best be accomplished by the Moseley-Braun, KENNEDY, KERRY, LAU- basis, where such transfer is provided concentrated efforts of a single office, TENBERG, MIKULSKI, BINGAMAN, REID, by treaty. Under this section, the pris- rather than in piecemeal litigation MURRAY, DORGAN, and TORRICELLI. In oner need not consent to the transfer. around the country or in offices that addition, Senator HATCH and I included Section 6 would provide a statutory have more diverse missions. title II, section 1 of this bill regarding basis for holding and transferring pris- Unquestionably, the need to bring streamlined procedures for MLAT re- oners who are sent from one foreign Nazi war criminals to justice remains a quests in our ‘‘International Crime and country to another through United matter of great importance. Funds Anti-Terrorism Amendments of 1998’’, States airports, preventing them from would not be diverted from the OSI’s S. 2536, which passed the Senate last claiming asylum while they are tempo- current mission. Additional resources October 15, 1998. rarily in the United States. are authorized in the bill for OSI’s ex- We have drawn from these more com- Title II of the bill is designed to pro- panded duties. prehensive bills a set of discrete im- mote global cooperation in the fight These are important provisions that I provements that enjoy bipartisan sup- against international crime. Specifi- have advocated for some time. They port so that important provisions may cally, section 1 would permit United are helpful, solid law enforcement pro- be enacted promptly. Each of these States courts involved in multi-district visions. I thank my friend from Utah, provisions has been a law enforcement litigation to enforce mutual legal as- Senator HATCH, for his help in making priority. sistance treaties and other agreements this bill a reality. Working together, Title I sets forth important proposals to execute foreign requests for assist- we were able to craft a bipartisan bill for combating international crime and ance in criminal matters in all dis- that will accomplish what all of us denying safe havens to international tricts involved in the litigation. want, to make America a safer and criminals. In particular, section 1 Section 2 outlines procedures for the more secure place. would provide for extradition under temporary transfer of incarcerated wit- I ask that the attached sectional certain circumstances for offenses not nesses. Specifically, the bill would per- analysis of the bill be printed in the covered in a treaty or absent a treaty. mit the United States, as a matter of RECORD. Treaties negotiated many years ago reciprocity, to send persons in custody The summary follows: in the United States to a foreign coun- specified the crimes for which extra- DENYING SAFE HAVENS TO INTERNATIONAL AND dition would be allowed. Developments try and to receive foreign prisoners to WAR CRIMINALS ACT OF 1999—SECTION BY in criminal activity, however, have testify in judicial proceedings, with the SECTION ANALYSIS outpaced the ability of countries to re- consent of the prisoner and, where ap- TITLE I—DENYING SAFE HAVENS TO negotiate treaties to include newly de- plicable, the State holding the pris- INTERNATIONAL CRIMINALS veloping criminal activity. Under the oner. A transfer may not create a plat- Section 1. Extradition for Offenses Not bill, extradition would nevertheless form for an application for asylum or Covered by a List Treaty proceed as if the crime were covered by other legal proceeding in the United This section allows the Attorney General a treaty for ‘‘serious offenses,’’ which States. Decisions of the Attorney Gen- to seek extradition of a person for specified are defined to include crimes of vio- eral respecting such transfers are to be crimes not covered by a treaty. Treaties ne- lence, drug crimes, bribery of public of- made in conjunction with the Sec- gotiated many years ago specified the crimes ficials, obstruction of justice, money retary of State. for which extradition would be allowed, and laundering, fraud or theft involving Title III of the bill is the ‘‘Anti- developments in criminal activity have out- paced the ability of countries to renegotiate over $100,000, counterfeiting over Atrocity Alien Deportation Act,’’ S. 1235, which I introduced on July 15, treaties to include newly developing crimi- $100,000, a conspiracy to commit any of nal activity. Extradition would proceed as if these crimes, and sex crimes involving 1999, with Senator KOHL and is cospon- the crime were covered by treaty, and the children. The section sets forth de- sored by Senator LIEBERMAN. This bill section sets forth detailed procedures and tailed procedures and safeguards for has also been introduced in the House safeguards. Applicable crimes include crimes proceeding with extradition under with bipartisan support as H.R. 2642 of violence, drug crimes, obstruction of jus- these circumstances. and H.R. 3058. This title of the bill tice, money laundering, fraud or theft in- Section 2 contains technical and con- would amend the Immigration and Na- volving over $100,000, counterfeiting over forming amendments. tionality Act to expand the grounds for $100,000, conspiracy to commit any of these Section 3 would give the Attorney inadmissibility and deportation to crimes, and sex crimes involving children. General authority to transfer a person cover aliens who have engaged in acts Section 2. Technical and Conforming in custody in the United States to a of torture abroad. ‘‘Torture’’ is already Amendments foreign country to stand trial where defined in the Federal criminal code, 18 This section amends related statutes to the Attorney General, in consultation U.S.C. § 2340, in a law passed as part of conform with Section 1. with the Secretary of State, deter- the implementing legislation for the Section 3. Temporary Transfer of Persons in mines that such transfer would be con- ‘‘Convention Against Torture.’’ Under Custody for Prosecution sistent with the international obliga- this Convention, the United States has This section allows a temporary transfer of tions of the United States. The section an affirmative duty to prosecute tor- a person from another country to the United States to stand trial where the Attorney also allows for the transfer of a person turers within its boundaries regardless General, in consultation with the Secretary in state custody in the United States of their respective nationalities. 18 of State determines that such transfer would to a foreign country to stand trial after U.S.C. § 2340A (1994). be consistent with the international obliga- a similar determination by the Attor- This legislation would also provide tions of the United States. The section also ney General and the consent of the statutory authorization for OSI, which allows for the transfer of a person in custody State authorities. Similarly, the Attor- currently owes its existence to an At- in the United States to a foreign country to ney General is authorized to request torney General order, and would ex- stand trial after a similar determination by the temporary transfer of a person in pand its jurisdiction to authorize in- the Attorney General. custody in a foreign country to face vestigations, prosecutions, and re- Section 4. Prohibiting Fugitives From prosecution in a federal or state pro- moval of any alien who participated in Benefiting From Fugitive Status ceeding. torture and genocide abroad—not just This section adds a new section 2466 (Fugi- Section 4 is designed to stop drug Nazis. The success of OSI in hunting tive Disentitlement) to Title 28 to provide kingpins, terrorists and other inter- Nazi war criminals demonstrates the that a person cannot stay outside the United States, avoiding extradition, and at the same national fugitives from using our effectiveness of centralized resources time participate as a party in a civil action courts to fight to keep the proceeds of and expertise in these cases. OSI has over a related civil forfeiture claim. The Su- the very crimes for which they are worked, and it is time to update its preme Court recently decided that a previous wanted. Criminals should not be able mission. The knowledge of the people, judge-made rule to the same effect required

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12934 CONGRESSIONAL RECORD — SENATE October 20, 1999 a statutory basis. This section provides that opinion.’’ (Attorney Gen. Order No. 851–79). State and local taxing authorities basis. The OSI’s mission continues to be limited by would be relieved of burdensome audit Section 5. Transfer of Foreign Person to that Attorney General Order. and oversight responsibilities without Serve Sentences in Country of Origin This section would amend the Immigration losing the authority to tax wireless and Nationality Act, 8 U.S.C. § 1103, by di- This section permits transfer, on a case-by- recting the Attorney General to establish an calls. And, most importantly, con- case basis, of prisoners to their home coun- Office of Special Investigations within the sumers would see reduced wireless try where such transfer is provided by trea- Department of Justice with authorization to rates and fewer billing headaches. ty. Under this section the prisoner need not investigate, remove, denaturalize, or pros- The Mobile Telecommunications consent to the transfer. ecute any alien who has participated in tor- Sourcing Act is a win-win-win. It’s a Section 6. Transit of Fugitives for ture or genocide abroad. This would expand win for industry, a win for government, Prosecution in Foreign Countries OSI’s current authorized mission. Additional and a win for consumers. I thank Sen- This section would provide a statutory funds are authorized for these expanded du- ator DORGAN for working with me in basis for holding and transferring prisoners ties to ensure that OSI fulfills its continuing crafting this bill. And, most of all, I ∑ who are sent from one foreign country to an- obligations regarding Nazi war criminals. thank government and industry for other through United States airports, at the discretion of the Attorney General. The tem- By Mr. BROWNBACK (for himself coming together and reaching agree- ment on this important issue. porary presence in the United States would and Mr. DORGAN): not be the basis for a claim for asylum. S. 1755. A bill to amend the Commu- Mr. President, I ask unanimous con- sent that the bill be printed in the TITLE II—PROMOTING GLOBAL COOPERATION IN nications Act of 1934 to regulate inter- THE FIGHT AGAINST INTERNATIONAL CRIME state commerce in the use of mobile RECORD. [Data not available at time of print- Section 1. Streamlined Procedures for telephones; to the Committee on Com- Execution of MLAT Requests ing.] merce, Science, and Transportation. ∑ Mr. DORGAN. Mr. President, today This section permits United States courts THE MOBILE TELECOMMUNICATIONS SOURCING my colleague Senator BROWNBACK and I involved in multi-district litigation to en- ACT force mutual legal assistance treaties and are introducing legislation that is de- Mr. BROWNBACK. Mr. President, I signed to address a highly complex other agreements to execute foreign requests rise today to introduce, on behalf of for assistance in criminal matters in all dis- issue with respect the taxation of mo- tricts involved in the litigation or request. myself and Senator DORGAN, the Mo- bile telecommunications service. Al- bile Telecommunications Sourcing Act Section 2. Temporary Transfer of though the issue is complex, the solu- Incarcerated Witnesses of 1999. This legislation is the product tion has a simple goal: to create a reli- of more than a year’s worth of negotia- This section permits the United States, as able and uniform method of taxation a matter of reciprocity, to send persons in tions between the Governors, cities, on wireless telecommunications serv- custody in the United States to a foreign State tax and local tax authorities, and ices that works best for consumers. country and to receive foreign prisoners to the wireless industry. Currently, the mobility of wireless testify in judicial proceedings, with the con- The legislation represents an historic telecommunications services makes sent of the prisoner and, where applicable, agreement between State and local the taxation by state and local juris- the State holding the prisoner. A transfer governments and the wireless industry dictions a complicated and expensive may not create a platform for an application to bring sanity to the manner in which task for carriers and consumers be- for asylum or other legal proceeding in the wireless telecommunications services United States. Decisions of the Attorney cause questions arise as to whether the General respecting such transfers are to be are taxed. tax is levied in the location in which made in conjunction with the Secretary of For as long as we have had wireless the call is placed or where the user re- State. telecommunications in this country, sides. Because this situation is difficult TITLE III—ANTI-ATROCITY ALIEN DEPORTATION we have had a taxation system that is to monitor, state and local jurisdic- incredibly complex for carriers and Section 1. Inadmissibility and Removability tions the prospects of non-compliance of Aliens Who Have Committed Acts of costly for consumers. Today, there are and double taxation are also of con- Torture Abroad several different methodologies that cern. For example, a person driving be- Currently, the Immigration and Nation- determine whether a taxing jurisdic- tween Baltimore, Maryland and Phila- ality Act provides that (i) participants in tion may tax a wireless call. delphia, Pennsylvania can pass through Nazi persecutions during the time period If a call originates at a cell site lo- 12 separate state and local taxing juris- from March 23, 1933 to May 8, 1945, and (ii) cated in a jurisdiction, it may impose a dictions. In the two hours it would aliens who engaged in genocide, are inadmis- tax. If a call originates at a switch in take someone to make that 100 mile sible to the United States and deportable. the jurisdiction, a tax may be imposed. drive, several phone calls could be See 8 U.S.C. § 1182(a)(3)(E)(i) and And if the billing address is in the ju- made under a cloud of tax ambiguity § 1227(a)(4)(D). The bill would amend these risdiction, a tax can be imposed. that works for no one, not the con- sections of the Immigration and Nationality As a result, many different taxing Act by expanding the grounds for inadmis- sumer, not the carrier, and not the tax- sibility and deportation to cover aliens who authorities can tax the same wireless ing jurisdictions. This scenario pre- have engaged in acts of torture abroad. The call. The farther you travel during a sents us with challenge to the tradi- United Nations’ ‘‘Convention Against Tor- call, the greater the number of taxes tional method of taxation in the face of ture and Other Cruel, Inhuman or Degrading that can be imposed upon it. the growing popularity of mobile com- Treatment or Punishment’’ entered into This system is simply not sustain- munications systems. It is a case that force with respect to the United States on able as wireless calls represent an in- needs to be changed. November 20, 1994. This Convention, and the creasing portion of the total number of The Mobile Telecommunications implementing legislation, the Torture Vic- calls made throughout the United tims Protection Act, 18 U.S.C. §§ 2340 et seq., Sourcing Act is, in itself, an achieve- includes the definition of ‘‘torture’’ incor- States. To reduce the cost of making ment. This legislation was developed porated in the bill and imposed an affirma- wireless calls, Senator DORGAN and I through 3 years of dedicated, good faith tive duty on the United States to prosecute are introducing this legislation. negotiations between the industry and torturers within its jurisdiction. The legislation would create a na- state and local government organiza- Section 2. Establishment of the Office of tionwide, uniform system for the tax- tions. Rather than allow an unwork- Special Investigations ation of wireless calls. The only juris- able situation to continue unresolved Attorney General Civiletti established OSI dictions that would have the authority and rather than ignite a polemical po- in 1979 within the Criminal Division of the to tax mobile calls would be the taxing litical debate over a special interest so- Department of Justice, consolidating within authorities of the customer’s place of lution, the industry and several state it all ‘‘investigative and litigation activities primary use, which would essentially and local government organizations sat involving individuals, who prior to and dur- be the customer’s home or office. down and worked out a solution that ing World War II, under the supervision of or By creating this uniform system, satisfies all the stake holders. I extend in association with the Nazi government of Congress would be greatly simplifying Germany, its allies, and other affiliated [sic] my congratulations and gratitude to governments, are alleged to have ordered, in- the taxation and billing of wireless the leaders and staff members of the cited, assisted, or otherwise participated in calls. The wireless industry would not organizations that participated in the the persecution of any person because of have to keep track of countless tax development of this consensus legisla- race, religion, national origin, or political laws for each wireless transaction. tion.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12935 Under this legislation, a consumer’s not as easy to collaborate with the na- its modeling and production of neutron primary place of residence would be tional labs as it should be, nor are col- generators, a critical component of nu- designated as the taxing jurisdiction laborations as common as they need to clear weapons. Technical collabora- for the purposes of taxing roaming and be to keep our labs on the cutting edge tions with our labs that have a clear other charges that are subject to state of science and technology. This legisla- mission focus by the lab and a clear and local taxation. This legislation tion takes the next steps in that direc- business focus by the company are does not impose any new taxes nor does tion. good for our economy and good for the it change the authority of state and There are three fundamental ideas labs’ missions. local governments to tax wireless serv- running through this bill. The first is The second fundamental idea flows ices. It does, however, provide con- that scientific and technical collabora- from the first. If collaborations with sumers with simplified billing, reduce tion with the national labs is good for the labs are beneficial, we should keep the chances of double taxation, pre- our economy and essential to the fu- working to make them better, faster, serve the authority of state and local ture of the labs. The labs will be unable and more flexible—much like the col- jurisdictions to tax wireless services, to succeed in their missions unless laborations we see sprouting through- and reduce the costs of tax administra- they can easily work with other tech- out the private sector. Hence, this bill tion for carriers and governments. In nical institutions. Why? Because that’s includes provisions to: the end, the consumer will benefit where the bulk of cutting edge tech- Establish a small business advocate through this tax clarification legisla- nology is today. Consider the fol- at the labs charged with increasing tion that is badly needed. lowing. Real federal spending on R&D small business participation in lab pro- As many of my colleagues in the Sen- peaked in 1987, but from 1987 to 1997, curement and collaborative research; ate know, I have been involved in many national R&D grew by 20%. The federal Establish a technology partnership battles over the years where state and government was responsible for none of ombudsman at the labs to ensure that local governments have attempted to that growth, and now accounts for only the labs are known as good faith part- preserve their taxation authority as about a quarter of national R&D spend- ners in their technical relationships; Congress has sought to preempt that ing. In the same period, industrial R&D Authorize DOE to use a very flexible authority on behalf of some special in- grew by over 50% and accounted for contracting authority called ‘‘other terest. I am very pleased to be in a po- around 95% of the growth in national transactions,’’ which was successfully sition today to sponsor legislation R&D. As Nobel laureate Dr. Burt Rich- pioneered by the Defense Advanced Re- which addresses a legitimate need to ter stated during his testimony on search Projects Agency to manage clarify and simplify state and local DOE’s reorganization, ‘‘All of the some of its collaborative projects in in- taxation in a manner that works for science needed for stockpile steward- novative ways; and consumers, industry, and state and ship in not in the weapons labs.’’ Significantly streamline the CRADA local governments alike. That’s why I was so concerned with the approval process for government I also want to express my gratitude ability of the labs to collaborate during owned, contractor operated labora- to my colleague Senator BROWNBACK the reorganization debate. tories like Sandia, allowing the labs to for his work on this measure. I hope I emphasize how collaboration helps handle more of the routine CRADAs that our colleagues will take note that the labs because it’s a point that’s themselves, and allowing more flexi- Senator BROWNBACK and I stand to- often missed in our discussions of tech bility in the negotiation of intellectual gether on this consensus, bipartisan transfer, CRADAs, and other such property rights—all to make CRADA’s legislation and join us to advance this things. When legislation making it more attractive to industry. ∑ bill expeditiously. easier to work with the labs was passed The third fundamental idea that runs through this bill is that if collabora- By Mr. BINGAMAN (for himself in 1989, we were in the midst of a ‘‘com- petitiveness crisis’’ and looking for tion is important to our economy and and Mrs. MURRAY): S. 1756. A bill to enhance the ability ways to use technology to improve our to the success of the labs, then the of the National Laboratories to meet economic performance. After all, inno- local technical institutions near the Department of Energy missions and for vation is responsible for 50% or more of lab—the universities and companies other purposes; to the Committee on our long term economic growth. With that might work with the lab—matter Energy and Natural Resources. these roots, people usually focus on a great deal. We know that the envi- Mr. BINGAMAN. Mr. President, how collaborating with the labs helps ronment inside an institution, how it’s today I’m pleased to be joined by Sen- US industry by giving it access to a managed, will help determine how in- ator MURRAY in introducing the ‘‘Na- treasure trove of technology and exper- novative it is. Managing innovation is tional Laboratories Partnership Im- tise. For example, over a 100 new com- more art than science, and that’s why provement Act of 1999’’. This bill will panies were started around DOE tech- people are always visiting places like make it easier for our national labs to nology in the last four years. And, the 3M. collaborate and build strong technical fact that industry has been collabo- Well, just as the internal environ- relationships with other technical or- rating with the labs and recently pay- ment affects how innovative an organi- ganizations, particularly universities ing for a greater share of those part- zation is, its external environment, the and companies right near the labs. nerships is good evidence that its get- organizations near it that might col- That will yield two major benefits. It ting something of value. The economic laborate with it, also help determine will improve the labs’ ability to do benefits from these collaborations are how innovative it is. When the tech- their missions, and it will promote real and a primary reason I’ve pushed nical institutions in a region form a high tech economic growth around the them for many years. high quality, dynamic network, they labs, thus, helping the labs as it helps But the benefits back to the labs are can meld into what’s been called a the labs’ communities. real too. A recent letter from Los Ala- ‘‘technology cluster’’ that dramati- Many of you know that making it mos to me stated, ‘‘Working with in- cally boosts innovation and economic easier to work with our national labs is dustry has validated our ability to pre- growth throughout the region. We see a cause I’ve pursued for many years. dict . . . changes in materials . . ., im- this most famously in places like Sil- And we’ve made solid progress. The proved our ability to manufacture . . . icon Valley, or Route 128, or Austin, labs are now involved in an array of replacement parts with greater preci- TX. In most of these places, there is a technical collaborations, usually under sion and lower cost, and enhanced our large research university that serves as cooperative research and development ability to assure the safety and reli- the anchor innovator seeding the clus- agreements or CRADAs, that would ability of the stockpile without test- ter. have been impossible a decade ago. In ing.’’ With that phenomena in mind, this 1989, there were no CRADAs with the As an example, Sandia’s collabora- bill seeks to harness the power of tech- Department of Energy’s national labs; tion with Goodyear Tire has helped nology clusters for the benefit of the in 1998, the number was over 800. Goodyear produce computer simula- labs’ missions and the labs’ commu- So, we’ve come a long way. But tions of tires—an extremely complex nities, with the labs as the anchor in- there’s still work to be done. It’s still problem—and helped Sandia improve novator. The bill authorizes the labs to

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12936 CONGRESSIONAL RECORD — SENATE October 20, 1999 work with their local communities to Mr. President, for many years I’ve nology clusters around the national labs foster commercially oriented tech- pushed for and supported efforts to that will help them achieve their missions. nology clusters that will help them do make it easier for our national labs to The idea is to foster commercially oriented, their job. Projects under this ‘‘Re- work with industry, universities, and dynamic networks of local institutions, broadly analogous to that in Silicon Valley, gional Technology Infrastructure Pro- other institutions. I’ve done this be- that will improve innovation and economic gram’’ would be cost shared partner- cause I think it’s good for the science growth around the labs—thereby helping the ships between a lab and nearby organi- and security missions of our labs, good labs as they help the labs’ communities. zations with the clear potential to help for our economy, and good for my Projects under this program will be competi- the lab achieve its mission, leverage home state of New Mexico. I think this tively selected, cost shared partnerships be- commercial technology, and commer- bill is a comprehensive package that tween a lab and nearby organizations. cialize lab technology. This is not will yield more of those benefits, and I Projects with the clear potential to help a about outsourcing a lab’s functions, urge my colleagues to join me in sup- lab achieve its mission, leverage commercial innovation, and commercialize lab tech- but about promoting technical capa- porting it. nology will be selected. The program begins bilities near the lab that are commer- Mr. President, I ask unanimous con- with $1M of funding at each of the nine, large cially viable and useful to the lab. sent that the text of the bill, a sum- multiprogram labs. Examples of the kinds of Thus, the lab gets highly competent mary, and letters of support for this projects that might be funded are: local eco- collaborators nearby and the region bill from the Technology Industries As- nomic surveys and strategic planning efforts; gets high tech economic growth. sociation of New Mexico and the City technology roadmaps for local industry; per- Let me give an example. Imagine a of Albuquerque be printed in the sonnel exchanges and specialized workforce training programs among local universities, lab that does research in optics that RECORD. There being no objection, the mate- firms, and the lab; lab based small business has optics companies nearby. The lab incubators or research parks; and joint re- and the companies discover they both rial was ordered to be printed in the search programs between a group of local need better training for their machin- RECORD, as follows: firms and the lab. ists and skilled workers. So they agree [The text of the bill was not available Sec. 5—Small Business Advocacy and Assist- to set up and share the cost of an ad- for printing.] ance—Establishes a Small Business Advocate vanced training program for their NATIONAL LABORATORIES PARTNERSHIP charged with increasing small businesses’ workers at the local community col- IMPROVEMENT ACT OF 1999 participation in procurements and collabo- lege. This is good for the workers, good SUMMARY rative research at each of the nine, large multiprogram labs. Authorizes the labs to for the companies, good for the lab. The National Laboratories Partnership Im- give small businesses advice to make them provement Act of 1999 will build stronger Other types of projects this program better suppliers and general technical assist- technical relationships between the Depart- might fund include: ance. For example, a lab could point them to ment of Energy’s national laboratories and Local economic surveys and strategic venture capitalists or technical partners other institutions, particularly those near planning efforts; that would strengthen their ability to work the labs. These relationships will help the Technology roadmaps for local indus- for the lab. Or, a small business could get labs achieve their missions by leveraging the technical advice from a lab on how to fix a try; scientific and technical resources of the pri- product design problem. Complements Sec. 4, Personnel exchanges among local vate sector and universities and will also but is focused directly on small businesses. universities, firms, and the lab; promote high tech economic growth around Sec. 6—Technology Partnership Ombuds- Lab based small business incubators the labs. man—Establishes an ombudsman at the nine, or research parks; and BACKGROUND/DISCUSSION Joint research programs between a large multiprogram labs to quickly and inex- More and more of our nation’s innovation pensively resolve complaints or disputes group of local firms and the lab. occurs outside the federal sector. Since 1987, with the labs over technology partnerships, We have some real life examples of around 95% of the real growth in our na- patents, and licensing. this kind of thinking in the research tional R&D has come from the private sec- Sec. 7—Mobility of Technical Personnel—Re- parks Sandia and Los Alamos are set- tor, and none from the federal government. quires DOE to remove any disincentives to ting up to collaborate with industry Industry now funds almost 70% of our na- technical personnel moving among the na- and promote economic growth. And Ar- tional R&D. tional labs. Creates a study to recommend gonne, Idaho National Engineering and Scientific and technical collaborations be- how to ease the movement of technical per- tween our national labs and other technical sonnel between the labs and nearby industry Environmental Laboratory, and Sandia institutions improve the lab’s access to the have programs to link their technology with the long term goal of promoting start- huge pool of science, technology, and talent ups and stronger networks of technical col- with venture capital, to get it into the outside their gates. Technical collaboration laboration near the labs. marketplace, which can only help ad- with the national labs is both good for the Sec. 8—Other Transactions—Standard gov- vance the lab’s mission. This bill will companies that do it and essential for keep- ernment contracts, grants, or cooperative encourage the labs to systematically ing the labs on the cutting edge of research. agreements can be ill-suited to collaborative experiment with more projects like This bill takes the next step in making it projects that have a variety of actors and eq- those. easier for our national laboratories to work uities. This section gives DOE ‘‘other trans- with other institutions. In addition to im- actions,’’ an exceptionally flexible con- Now, some might think that the proving the CRADA process, the bill also fo- Internet will make proximity irrele- tracting authority that allows a ‘‘clean sheet cuses on improving the ‘‘regional technology of paper’’ negotiation with non-federal orga- vant to collaboration. But that’s not infrastructure’’ around the labs. This refers nizations. Other transactions were success- the case, as simple observation of Sil- to things like the companies, universities, fully pioneered by the Defense Advance Re- icon Valley shows; it’s not been dis- labor force, and non-profit organizations search Projects Agency to manage many of sipating, it’s been growing. Close col- near a lab that are not formally part of it its innovative relationships with industry; laboration will remain easier among but that nonetheless contribute to its tech- more recently they’ve been adopted by the close neighbors, because it partly de- nical success. military services and Department of Trans- Places like Silicon Valley show that when pends on people who know each other portation. these technical institutions form a high Sec. 9—Amendments to the Stevenson-Wydler and are rooted in a community—which quality, dynamic network, they can develop is why one provision of this bill is a Act—The current law governing CRADAs can into a ‘‘technology cluster’’ that dramati- make them slower to negotiate and less at- study on how to ease employee mobil- cally improves innovation and economic tractive to industry than they should be. ity between the labs and nearby tech- growth throughout a region. This bill will This section amends that law to make the nical organizations. The Internet com- promote the development of technology clus- negotiation process faster, more flexible, and plements and strengthens collabora- ters around the national labs both to help more attractive to industry. More specifi- tions, but is not a complete substitute the labs harness the power of technology cally, this section: shortens the time federal clusters to achieve their missions and to for having collaborators nearby. Thus, agencies have to review, modify, and approve stimulate high tech economic growth around CRADAs with government owned, contractor even as the Internet grows in influence, the labs. it will still make sense to harness the operated (GOCO) labs, making it the same as SECTION BY SECTION DESCRIPTION that for government owned, government op- power of technology clusters to help Sec. 1–3—Titles, findings, and definitions. erated labs; allows more negotiation over the our labs do their jobs and to promote Sec. 4—Regional Technology Infrastructure allocation of intellectual property rights de- high tech economic growth in their Program—Authorizes the Department of En- veloped under a CRADA; and allows federal communities. ergy to promote the development of tech- agencies to permit routine CRADAs to be

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12937 simply handled by a GOCO lab by elimi- public and private, and promote high tech and sustaining long-term stability in nating extra steps now required for CRADA economic growth at the local, regional, and Colombia, we must commit the re- with them. national levels. sources to achieving that end. It is in Your leadership in the past and your thor- our national interest to support Colom- TECHNOLOGY INDUSTRIES ough understanding of the complex issues in- bia in its effort to thwart further de- ASSOCIATION OF NEW MEXICO, volving tech transfer has deeply benefited Albuquerque, NM, October 13, 1999. Albuquerque’s economic diversification, job stabilization. Without a strong Colom- Hon. JEFF BINGAMAN, growth, and stability. This legislation pro- bia, narco-traffickers will flourish, an U.S. Senate, Washington, DC. vides an important and timely framework abundant and steady flow of illicit DEAR SENATOR BINGAMAN: On behalf of the for the future, and we look forward to work- drugs will head for the United States, board of directors of the Technology Indus- ing with you and your staff in whatever way one of our largest export markets in tries Association of New Mexico (TIA), I am necessary to implement it. To this end, we the western hemisphere will continue sending this letter to express our support of would hope that monies generated by the to falter, and a democratic government legislation you are introducing, the National legislation might come directly to the com- will further erode. munity, and not go to existing or proposed Laboratories Partnership Improvement Act Just a couple of weeks ago, I met of 1999. lab tech transfer programs. This will enable Members of our organization are well our business, institutional and civic leader- with Colombian President Pastrana aware of the benefits that already have oc- ship to develop the infrastructure required during his visit to Washington. We dis- curred via the ‘‘technology transfer’’ process by this well-crafted, thoughtful, and far- cussed how our two countries can work begun with the Stevenson-Wydler Act of 1980 reaching proposal. together—in cooperation—to eliminate and continuing since with various improve- Sincerely, drugs from our hemisphere and to ments and changes to the original measure. JIM BACA, begin restoring democracy and the rule Although most of the member companies in Mayor. of law in Colombia. TIA do not engage in direct sales to or con- For more than three decades, the tracting with the Federal government or By Mr. COVERDELL (for himself, Revolutionary Armed Forces of Colom- military a number of these companies have Mr. DEWINE, and Mr. GRASS- bia, otherwise known as the FARC, and benefited due to the technology transfer LEY): process. the National Liberation Army (ELN) S. 1758. A bill to authorize urgent have waged the longest-running guer- At least one of our TIA members was cre- support for Colombia and front line ated as a spin-off of Sandia National Labora- rilla insurgency in Latin America. tories. Some of the larger multinational states to secure peace and the rule of Both rebel groups have a combined companies with divisions in New Mexico law, to enhance the effectiveness of strength of between 15,000 and 20,000 have benefited via CRADA arrangements. anti-drug efforts that are essential to full-time guerrillas. These armed ter- And some of our other smaller member com- impending the flow of deadly cocaine rorists control or influence up to 60% panies have been greatly aided through the and heroin from Colombia to the of rural Colombia. At present, the Co- simple but effective mechanism of the tech- United States, and for other purposes; lombian military does not appear to nology assistance program run by Sandia. to the Committee on Foreign Rela- have the strength and resources to After reviewing draft versions of your pro- tions. posed legislation, we particularly like two counter these menacing forces. features: Mr. DEWINE. Mr. President, the cur- Well over a decade ago, the biggest The provision that the national labora- rent situation in Colombia is a night- threat to stability from within our tories can link with private companies, rath- mare. Embroiled in a bloody, complex, hemisphere was communism—Soviet er than the other way around. We think this three decade-long civil war, Colombia and Cuban communists pushing their is important, because, as much as private is spiraling toward collapse. Since the anti-democratic propaganda in Central companies can and have been aided via ac- early 1990s, more than 35,000 Colom- America. We overcame that threat. cess to the vast R&D capabilities of the na- bians have lost their lives at the hands Under the Reagan and Bush Adminis- tional labs, it is also important that the gov- of two well-financed, heavily-armed ernment institutions learn from private trations, Democracy prevailed. Today, companies those skills necessary to succeed guerrilla insurgency groups, along with in our hemisphere, the communists in the intensely competitive international a competing band of ruthless para- have been replaced by drug traffickers free-market economies. military operatives, hell bent on crush- and the rebels they hire to protect The section which promotes the develop- ing the group of leftist guerrillas. their lucrative industry. These drug ment of technology clusters in the local Sadly, many of those killed so far have traffickers also are financing the economies where national laboratories are been innocent civilians caught in the roughly 5,000 armed paramilitary com- located. This strategic approach to economic constant cross-fire. batants, whose self-appointed mission development is beginning to emerge in cen- The American drug habit is at the tral New Mexico with the help of your office is to counter the strength of the leftist and others. We think the development of core of the Colombian crisis, with drug guerrillas. If we hope to have any im- technology clusters provides a focus for users and pushers in this country sub- pact at all in eliminating the drugs in issues and for building vertical infrastruc- sidizing the anti-democratic leftists. our cities, in our schools, and in our ture that often has been lacking in the pre- Americans want drugs. The drug traf- homes, we need to attack drug traf- vious well-meaning, but scattergun approach fickers want money. To ensure their ficking head on—here and abroad. This to economic development. prosperity and to maintain a profitable is how we can help both the people of TIA thanks you for your effort and is hope- industry, the traffickers essentially ful the legislation will be enacted. Colombia and the people of our own Sincerely, hire the guerrillas and, increasingly, country. JOHN P. JEKOWSKI, the paramilitary groups to protect With the help of my colleagues, Sen- President. their livelihoods. Violence and insta- ators PAUL COVERDELL, BOB GRAHAM bility reign. Democracy is crumbling. and CHARLES GRASSLEY, last year we CITY OF ALBUQUERQUE, That’s why, Mr. President, today, passed the Western Hemisphere Drug Albuquerque, NM, October 13, 1999. along with my colleague Senator Elimination Act. This was a much- JEFF BINGAMAN, COVERDELL, we are introducing the needed step toward attacking the drug U.S. Senator, Hart Building, Anti-Drug Alliance with Colombia and problem at its core. This Act is a $2.7 Washington, DC. the Andean Region Act of 1999. This DEAR SENATOR BINGAMAN: On behalf of the billion, three-year investment to re- citizens of Albuquerque, I want to state my comprehensive bill is designed to pro- build our drug fighting capability out- strong support of your proposed legislation, mote peace and stability in Colombia side our borders. This law is about re- ‘‘The National Laboratories Partnership Im- and the Latin American region. Our claiming the federal government’s ex- provement Act of 1999.’’ For the past 50 years colleague, Senator GRASSLEY also joins clusive responsibility to prevent drugs the synergy among our scientific, civic, and us as a co-sponsor. We believe it is time from ever reaching our borders. This educational communities and the Depart- that our government work in conjunc- law is about building a hemisphere free ment of Energy’s national laboratories has tion with the government and the peo- from the violent and decaying influ- helped to build and enhance our modern city. While we welcome these working partner- ple of Colombia to help lessen the ence of drug traffickers. This is a law ships, we recognize that stronger technical growing crisis in the region. about stopping drugs before they ever relationships between the labs, private busi- The problems in Colombia run deep. reach our kids in Ohio. nesses, and other nearby institutions are There are no easy ‘‘overnight’’ solu- This bill was necessary because the needed to leverage additional resources, both tions. If we are to assist in creating Clinton Administration, since coming

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12938 CONGRESSIONAL RECORD — SENATE October 20, 1999 into office, has slashed funding levels so we can be sure that this assistance Sec. 108. Sense of Congress on a special coor- for international counter-narcotics ef- is used effectively for its intended pur- dinator on Colombia. forts. By turning its back for the bet- pose and does not fall into the hands of Sec. 109. Sense of Congress on the death of ter part of this decade on the fight those who engage in gross violations of three United States citizens in Colombia in March 1999. against drugs abroad, this Administra- human rights and drug trafficking. Sec. 110. Sense of Congress on members of tion has contributed inadvertently to We urge the Colombian government Colombian security forces and the growing strength of drug traf- to take a tough stance against the members of Colombian irreg- ficking organizations, as well as the often over-looked paramilitaries. They ular forces. narco-terrorists in the region. are a growing part of the problem in TITLE II—ACTIVITIES SUPPORTED If one principle has guided American Colombia and should not be ignored. Subtitle A—Democracy, Peace, the Rule of foreign policy consistently since the Our plan is comprehensive. Our plan Law, and Human Rights in Colombia dawn of our nation, it is this: The is balanced. It demonstrates our com- Sec. 201. Support for democracy, peace, the peace and stability of our own hemi- mitment to assisting the Government rule of law, and human rights sphere must come first. That certainly of Colombia and our interest in work- in Colombia. has been the case throughout the last ing together to bring peace and secu- Sec. 202. United States emergency humani- century. The Spanish-American War, rity to the hemisphere. tarian assistance fund for inter- the Cuban Missile Crisis, the democra- Mr. President, this is not an ‘‘Amer- nally forced displaced popu- tization of Central America in the ica Knows Best’’ plan. We consulted lation in Colombia. 1980s, and the North American Free with those who are on the front-lines Sec. 203. Investigation by Colombian Attor- Trade Agreement in the 1990s—all of in Colombia—those who know best ney General of drug trafficking these key events were approached with what Colombia needs right now. We and human rights abuses by ir- regular forces and security the same premise: A strong, free, and have talked with the Colombian gov- forces. prosperous hemisphere means a strong, ernment, including President Pastrana, Sec. 204. Report on Colombian military jus- free, and prosperous United States. to inquire about Colombia’s specific tice. Consistent with that principle, the needs. We also have consulted with Sec. 205. Denial of visas to and inadmis- United States must take an active role U.S. government officials, who have sibility of aliens who have been in seeking a peaceful, democratic Co- confirmed our belief that a plan for Co- involved in drug trafficking and lombia. That is why Senator COVER- lombia must be balanced if we hope to human rights violations in Co- DELL, who just came back from Colom- address the complex and dangerous ele- lombia. bia, and I have developed a comprehen- ments of the current situation. Subtitle B—Eradication of Drug Production sive assistance plan for Colombia. The Frankly, Mr. President, it is my hope and Interdiction of Drug Trafficking Alliance Act of 1999 would authorize that the Administration will pro-ac- Sec. 211. Targeting new illicit cultivation $1.6 billion over three years to support: tively work with Congress—and most and mobilizing the Colombian 1. Alternative crop and economic devel- importantly, Colombia—to turn the security forces against the nar- tide against those seeking to under- cotrafficking threat. opment; 2. Drug interdiction programs; Sec. 212. Reinvigoration of efforts to inter- 3. Human rights and rule of law pro- mine democracy in the region. We dict illicit narcotics in Colom- grams; and 4. Military and police must act now—too much is at risk to bia. counter-narcotics operations. Our plan wait any longer. Sec. 213. Enhancement of Colombian police also contains provisions for counter- Mr. President, I ask unanimous con- and navy law enforcement ac- narcotics assistance and crop alter- sent that the text of the bill be printed tivities nationwide. native development programs for other in the RECORD. Sec. 214. Targeting illicit assets of irregular Latin American countries, including There being no objection, the bill was forces. Brazil, Bolivia, Peru, Panama, Ven- ordered to be printed in the RECORD, as Sec. 215. Enhancement of regional interdic- follows: tion of illicit drugs. ezuela, and Ecuador. Sec. 216. Revised authorities for provision of S. 1758 Our plan not only provides the means additional support for counter- to eradicate and interdict illicit drugs, Be it enacted by the Senate and House of Rep- drug activities of Colombia and but it also provides the training and re- resentatives of the United States of America in Peru. sources to strengthen both the civilian Congress assembled, Sec. 217. Sense of Congress on assistance to and military justice systems to pre- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Brazil. serve the rule of law and democracy in (a) SHORT TITLE.—This Act may be cited as Sec. 218. Monitoring of assistance for Co- the ‘‘Alliance with Colombia and the Andean lombian security forces. Colombia. A hemispheric commitment Region (ALIANZA) Act of 1999’’. to the rule of law is essential. When I Sec. 219. Development of economic alter- (b) TABLE OF CONTENTS.—The table of con- natives to the illicit drug trade. visited with Americans living in Co- tents of this Act is as follows: lombia during a trip to the region last SEC. 2. PURPOSES. Sec. 1. Short title; table of contents. The purposes of this Act are— Sec. 2. Purposes. year, judicial reform was a central (1) to prescribe proactive measures to con- focus of our discussion on ways our na- Sec. 3. Findings. Sec. 4. Definitions. front the threat to United States interests of tion can better assist Colombia. With continued instability in Colombia; TITLE I—UNITED STATES POLICY AND our plan, our government would take a (2) to defend constitutional order, the rule PERSONNEL leadership role in promoting a strong of law, and human rights, which will benefit judiciary and rule of law in Colombia Sec. 101. Statement of policy regarding sup- all persons; port for democracy, peace, the (3) to support the democratically elected by providing our own technical exper- rule of law, and human rights tise. Government of the Republic of Colombia to in Colombia. secure a firm and lasting end to the armed Our plan promotes the sanctity of Sec. 102. Requirement for a comprehensive conflict and lawlessness within its territory, human rights and provides humani- regional strategy to support which now costs countless lives, threatens Colombia and the front line tarian assistance to the hundreds of regional security, and undermines effective thousands of people who have been dis- states. Sec. 103. Availability of funds conditioned anti-drug efforts; placed due to the violence and insta- (4) to require the President to design and bility. on submission of strategic plan and application of congres- implement an urgent, comprehensive, and We not only focus on the economy of sional notification procedures. adequately funded plan of support for Colom- Colombia, but also on the stability of Sec. 104. Limitation on availability of funds. bia and its neighbors; the region, as a whole. We provide sup- Sec. 105. Sense of Congress on unimpeded ac- (5) to authorize adequate funds to imple- port for the front-line states and call cess by Colombian law enforce- ment an urgent and comprehensive plan of on them and the international commu- ment officials to all areas of economic development and anti-drug support nity to assist and support the Govern- the national territory of Co- for Colombia and the front line states; (6) to authorize indispensable material, ment of Colombia. This is a coopera- lombia. Sec. 106. Extradition of narcotics traf- technical, and logistical support to enhance tive effort to help Colombia begin to fickers. the effectiveness of anti-drug efforts that are help itself. Sec. 107. Additional personnel requirements essential to impeding the flow of deadly co- Our plan would monitor the assist- for the United States mission caine and heroin from Colombia to the ance to the Colombian security forces, in Colombia. United States; and

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12939 (7) to bolster the capacity of the front line (17) The first 900-soldier Counternarcotics its efforts to secure a firm and lasting end to states to confront the current destabilizing Battalion has been established within the the armed conflict and lawlessness within its effects of the Colombia conflict and to resist Colombian Army with training and logistical territory, which now costs countless lives, illicit narcotics trafficking activities that support of the United States military and threatens regional security, and undermines may seek to elude enhanced law enforcement the Department of State international nar- effective anti-drug efforts; efforts in Colombia. cotics and law enforcement program, and it (2) to insist that the Government of Colom- SEC. 3. FINDINGS. will be ready for deployment in areas of new bia complete urgent reform measures in- Congress makes the following findings: illicit coca cultivation in southern Colombia tended to open its economy fully to foreign (1) The armed conflict and resulting law- by November 1999. investment and commerce, particularly in lessness in Colombia present a clear and (18) In response to serious human rights the petroleum industry, as a path toward present danger to the security of the front abuse allegations by the Colombian military, economic recovery and self-sufficiency; line states, to law enforcement efforts in- the Government of Colombia has dismissed (3) to promote the protection of human tended to impede the flow of cocaine and alleged abusers and undertaken military re- rights in Colombia by conditioning assist- heroin, and, therefore, to the well-being of forms, and, while the Colombian military ance to security forces on respect for all the people of the United States. was implicated in 50 percent of human rights internationally recognized human rights; (2) Colombia is a democratic country fight- violations in 1995, by 1998, the number of in- (4) to support Colombian authorities in ing multiple wars, against the Colombian cidents attributed to the military plum- strengthening judicial systems and inves- Revolutionary Armed Forces (FARC), the meted to 4–6 percent. tigative capabilities to bring to justice any National Liberation Army (ELN), para- (19) The Government of Colombia has con- person against whom there exists credible military organizations, and international victed 240 members of the military and po- evidence of gross violations of human rights; narcotics trafficking kingpins. lice accused of human rights violations. (5) to expose the lawlessness and gross (3) With 34 percent of world terrorist acts (20) In 1998, two-way trade between the human rights violations committed by irreg- committed there, Colombia is the world’s United States and Colombia was more than ular forces in Colombia; and third most dangerous country in terms of po- $11,000,000,000, making the United States Co- (6) to mobilize international support for litical violence. lombia’s number one trading partner and Co- the democratically elected Government of (4) Colombia is the world’s kidnapping cap- lombia the fifth largest market for United the Republic of Colombia so that that gov- ital of the world with 2,609 kidnappings re- States exports in the region. ernment can resist making unilateral con- ported in 1998 and 513 reported in the first (21) Colombia is experiencing a historic cessions that undermine the credibility of three months of 1999. economic recession, with unemployment ris- the peace process. (5) In 1998 alone, 308,000 Colombians were ing to approximately 20 percent in 1999 after SEC. 102. REQUIREMENT FOR A COMPREHENSIVE internally displaced in Colombia. During the 40 years of annual economic growth aver- REGIONAL STRATEGY TO SUPPORT last decade, 35,000 Colombians have been aging 5 percent per year. COLOMBIA AND THE FRONT LINE killed. (22) The Colombian judicial system is inef- STATES. (6) The FARC and the ELN are the two ficient and ineffective in bringing to justice (a) REPORT REQUIRED.—Not later than 60 main guerrilla groups that have waged the those who violate the rule of law. days after the date of enactment of this Act, longest-running anti-government insurgency (23) The FARC continue to press for an ex- the President shall submit to the appro- in Latin America. change of detained rebels, which, if granted, priate congressional committees and the (7) The FARC and the ELN engage in sys- will enable the FARC to increase its man- Caucus on International Narcotics Control of tematic extortion through the abduction of power in the short term by as many as 4,000 the Senate a report on the current United United States citizens, have murdered combatants. States policy and strategy regarding United United States citizens, profit from the ille- (24) The Drug Enforcement Administration States counternarcotics assistance for Co- gal drug trade, and engage in systematic and has reported that the Colombian irregular lombia and the front line states. indiscriminate crimes, including kidnapping, forces are involved in drug trafficking and (b) REPORT ELEMENTS.—The report re- torture, and murder, against Colombian ci- that certain irregular forces leaders have be- quired by subsection (a) shall address the fol- vilian and security forces. come major drug traffickers. lowing: (8) The FARC and the ELN have targeted (1) The primary and second priorities of SEC. 4. DEFINITIONS. United States Government personnel, pri- the United States in its relations with Co- In this Act: vate United States citizens, and United lombia and the front line states that are the (1) APPROPRIATE CONGRESSIONAL COMMIT- States business interests. source of most of the illicit narcotics enter- TEES.—Except as provided in section 218, the (9) In March 1999, the FARC murdered ing the United States. term ‘‘appropriate congressional commit- three kidnapped United States human rights (2) The actions required of the United tees’’ means— workers near the international border be- States to support and promote such prior- (A) the Committee on Appropriations and tween Colombia and Venezuela. ities. the Committee on Foreign Relations of the (10) The Colombian rebels are estimated to (3) A schedule for implementing actions in Senate; and have a combined strength of 10,000 to 20,000 order to meet such priorities. (B) the Committee on Appropriations and full-time guerrillas, and they have initiated (4) The role of the United States in the ef- the Committee on International Relations of armed action in nearly 700 of the country’s forts of the Government of Colombia to deal the House of Representatives. 1,073 municipalities and control or influence with illegal drug production in Colombia. (2) FRONT LINE STATES.—The term ‘‘front roughly 60 percent of rural Colombia. (5) The role of the United States in the ef- line states’’ means Bolivia, Brazil, Ecuador, (11) The Government of Colombia has re- forts of the Government of Colombia to deal Panama, Peru, and Venezuela. covered 5,000 new AK–47s from guerrilla with the insurgency in Colombia. (3) ILLICIT DRUG TRAFFICKING.—The term caches in 1 month, and the FARC has plotted (6) The role of the United States in the ef- ‘‘illicit drug trafficking’’ means illicit traf- to use $3,000,000 in funds earned from drug forts of the Government of Colombia to deal ficking in narcotic drugs, psychotropic sub- trafficking to buy 30,000 AK–47s. with irregular forces in Colombia. stances, and other controlled substances (as (12) Although the Colombian Army has (7) How the strategy with respect to Co- defined in section 102(6) of the Controlled 122,000 soldiers, there are no more than 40,000 lombia relates to the United States strategy Substances Act (21 U.S.C. 802(6)), as such ac- soldiers available for offensive combat oper- for the front line states. tivities are described by any international ations. (8) How the strategy with respect to Co- narcotics control agreement to which the (13) Colombia faces the threat of an esti- lombia relates to the United States strategy United States is a signatory, or by the do- mated 5,000 armed persons who comprise for fulfilling global counternarcotics goals. mestic law of the country in whose territory paramilitary organizations, who engage in (9) A strategy and schedule for providing or airspace the interdiction is occurring. lawless acts and undermine the peace proc- urgent material, technical, and logistical (4) IRREGULAR FORCES.—The term ‘‘irreg- ess. support to Colombia and the front line states ular forces’’ means irregular armed groups (14) Paramilitary organizations profit from in order to defend the rule of law and to engaged in illegal activities, including the the illegal drug trade and engage in system- more effectively impede the cultivation, pro- Colombia Revolutionary Armed Forces atic and indiscriminate crimes, including ex- duction, transit, and sale of illicit narcotics. tortion, kidnapping, torture, and murder, (FARC), the National Liberation Army (ELN), and paramilitary organizations. SEC. 103. AVAILABILITY OF FUNDS CONDITIONED against Colombian civilians. ON SUBMISSION OF STRATEGIC (15) The conflict in Colombia is creating TITLE I—UNITED STATES POLICY AND PLAN AND APPLICATION OF CON- instability along its borders with neigh- PERSONNEL GRESSIONAL NOTIFICATION PROCE- boring countries, Ecuador, Panama, Peru, SEC. 101. STATEMENT OF POLICY REGARDING DURES. and Venezuela, several of which have de- SUPPORT FOR DEMOCRACY, PEACE, Funds made available to carry out this Act ployed forces to their border with Colombia. THE RULE OF LAW, AND HUMAN shall only be made available— (16) Coca production has increased 28 per- RIGHTS IN COLOMBIA. (1) upon submission to Congress by the cent in Colombia since 1998, and already 75 It shall be the policy of the United President of the plan required by section 102; percent of the world’s cocaine and 75 percent States— and of the heroin seized in the northeast United (1) to support the democratically elected (2) in accordance with the procedures ap- States is of Colombian origin. Government of the Republic of Colombia in plicable to reprogramming notifications

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12940 CONGRESSIONAL RECORD — SENATE October 20, 1999 under section 634A of the Foreign Assistance prompt extradition of persons sought by advance democracy, peace, the rule of law, Act of 1961 (22 U.S.C. 2394–1). United States authorities; and and human rights in Colombia, including— SEC. 104. LIMITATION ON AVAILABILITY OF (B) the steps taken by authorities of the (1) the deployment of international observ- FUNDS. United States and the authorities of each ers, upon the request of the Government of (a) INELIGIBILITY OF UNITS OF SECURITY such state to remove such obstacles. Colombia, to monitor compliance with any FORCES FOR ASSISTANCE.—The same restric- SEC. 107. ADDITIONAL PERSONNEL REQUIRE- peace initiative of the Government of Colom- tions contained in section 568 of the Foreign MENTS FOR THE UNITED STATES bia; Operations, Export Financing, and Related MISSION IN COLOMBIA. (2) support for credible, internationally Programs Appropriations Act, 1999 (as con- (a) REPORT TO CONGRESS.—Not later than recognized independent nongovernmental tained in section 101(d) of division A of Pub- 60 days after the date of enactment of this human rights organizations working in Co- lic Law 105–277) and section 8130 of Public Act, the President shall submit to the appro- lombia; Law 105–262 that apply to the availability of priate congressional committees a report de- (3) support for the Human Rights Unit of funds under those Acts shall apply to the tailing the additional personnel require- the Attorney General of Colombia; availability of funds under this Act. ments of the United States Mission in Co- (4) to enhance the rule of law through (b) ADDITIONAL RESTRICTIONS..—In addition lombia that are necessary to implement this training of judges, prosecutors, and other ju- to the application of the restrictions de- Act. dicial officials and through a witness protec- scribed in subsection (a), those restrictions (b) FUNDING OF REPORT RECOMMENDA- tion program; shall apply with respect to the availability TIONS.— (5) to improve police investigative training of funds for a unit of the security forces of (1) AUTHORIZATION OF APPROPRIATIONS.— and facilities and related civilian police ac- Colombia if the Secretary of State reports to (A) IN GENERAL.—In addition to amounts tivities; and Congress that credible evidence exists that a otherwise available for such purpose, there (6) to strengthen a credible military justice member of that unit has provided material are authorized to be appropriated to the rel- support to irregular forces in Colombia or to system, including technical support by the evant departments and agencies of the United States Judge Advocate General, and any criminal narcotics trafficking syndicate United States for the period beginning Octo- that operates in Colombia. The Secretary of strengthen existing human rights monitors ber 1, 1999, and ending September 30, 2002, within the ranks of the military. State may detail such evidence in a classi- such sums as may be necessary to pay the fied annex to any such report, if necessary. (b) AUTHORIZATION OF APPROPRIATIONS.— salaries of such number of additional per- (1) IN GENERAL.—In addition to amounts SEC. 105. SENSE OF CONGRESS ON UNIMPEDED sonnel as are recommended in the report re- otherwise available for such purpose, there is ACCESS BY COLOMBIAN LAW EN- quired by subsection (a). FORCEMENT OFFICIALS TO ALL authorized to be appropriated to the Presi- AREAS OF THE NATIONAL TERRI- (B) AVAILABILITY OF FUNDS.—Amounts ap- dent $100,000,000 for the period beginning Oc- TORY OF COLOMBIA. propriated pursuant to subparagraph (A) are tober 1, 1999, and ending September 30, 2002, It is the sense of Congress that the effec- authorized to remain available until ex- to carry out subsection (a). tiveness of United States anti-drug assist- pended. (2) AVAILABILITY OF FUNDS.—Amounts ap- ance to Colombia depends on the ability of (2) ADDITIONAL PERSONNEL DEFINED.—In propriated pursuant to paragraph (1) are au- law enforcement officials of that country paragraph (1), the term ‘‘additional per- thorized to remain available until expended. sonnel’’ means the number of personnel having unimpeded access to all areas of the SEC. 202. UNITED STATES EMERGENCY HUMANI- national territory of Colombia for the pur- above the number of personnel employed in TARIAN ASSISTANCE FUND FOR IN- poses of carrying out the interdiction of ille- the United States Mission in Colombia as of TERNALLY FORCED DISPLACED gal narcotics and the eradication of illicit the date of enactment of this Act. POPULATION IN COLOMBIA. crops. SEC. 108. SENSE OF CONGRESS ON A SPECIAL CO- (a) SENSE OF CONGRESS.— It is the sense of SEC. 106. EXTRADITION OF NARCOTICS TRAF- ORDINATOR ON COLOMBIA. Congress that— FICKERS. It is the sense of Congress that the Presi- (1) the United States Government should (a) SENSE OF CONGRESS.—It is the sense of dent should designate a special coordinator provide assistance to forcibly displaced per- Congress that the Government of Colombia on Colombia with sufficient authority— sons in Colombia; and and the governments of the front line states (1) to coordinate interagency efforts to pre- (2) the Government of Colombia should should take effective steps to prevent the pare and implement a comprehensive re- support the return of the forcibly displaced creation of a safe haven for narcotics traf- gional strategy to support Colombia and the to their homes only when the safety of civil- fickers by ensuring that narcotics traffickers front line states; ians is fully assured and they return volun- indicted in the United States are promptly (2) to advocate within the executive branch tarily. arrested, prosecuted, and sentenced to the adequate funding for and urgent delivery of (b) REPORT.—Not later than 60 days after maximum extent of the law and, upon the re- assistance authorized by this Act; and the date of enactment of the Act, the Sec- quest of the United States Government, ex- (3) to coordinate diplomatic efforts to retary of State shall submit to the appro- tradited to the United States for trial for maximize international political and finan- priate congressional committees a report their egregious offenses against the security cial support for Colombia and the front line containing an examination of the options and well-being of the people of the United states. available to address the needs of the inter- States. SEC. 109. SENSE OF CONGRESS ON THE DEATH nally displaced population of Colombia. (b) REPORTS.—Not later than six months OF THREE UNITED STATES CITIZENS (c) AUTHORIZATION TO PROVIDE ASSIST- after the date of the enactment of this Act, IN COLOMBIA IN MARCH 1999. ANCE.—The President is authorized— and every six months thereafter, the Sec- It is the sense of Congress that the Govern- (1) to provide assistance to the internally retary of State shall submit to the Com- ment of Colombia should resolve the case of displaced population of Colombia; and mittee on Foreign Relations and the Com- the three United States citizens killed in Co- (2) to assist in the temporary resettlement mittee on the Judiciary of the Senate and lombia in March 1999 and bring to justice of the internally displaced Colombians. the Committee on International Relations those involved in this atrocity. (d) FUNDING.—Amounts authorized to be and the Committee on the Judiciary of the SEC. 110. SENSE OF CONGRESS ON MEMBERS OF appropriated by section 201(b) shall be avail- House of Representatives a report setting COLOMBIAN SECURITY FORCES AND able to the President for purposes of activi- forth— MEMBERS OF COLOMBIAN IRREG- ties under subsection (c). (1) a list of the persons whose extradition ULAR FORCES. SEC. 203. INVESTIGATION BY COLOMBIAN ATTOR- has been requested from Colombia or the It is the sense of Congress that— (1) any links between members of Colom- NEY GENERAL OF DRUG TRAF- front line states, indicating those persons FICKING AND HUMAN RIGHTS who— bian irregular forces and members of Colom- ABUSES BY IRREGULAR FORCES (A) have been surrendered to the custody bian security forces are deeply troubling and AND SECURITY FORCES. of United States authorities; clearly counterproductive to the effort to (a) AUTHORITY.—The President is author- (B) have been detained by authorities of combat drug trafficking and the prevention ized to support efforts by the Attorney Gen- Colombia or a front line state and who are of human rights violations; and eral of Colombia— being processed for extradition; (2) the involvement of Colombian irregular (1) to investigate and prosecute members (C) have been detained by the authorities forces in drug trafficking and in systematic of Colombian irregular forces involved in the of Colombia or a front line state and who are terror campaigns targeting the noncombat- production or trafficking in illicit drugs; not yet being processed for extradition; or ant civilian population is deplorable and (2) to investigate and prosecute members (D) are at large; contrary to United States interests and pol- of Colombian security forces involved in the (2) a determination whether or not au- icy. production or trafficking in illicit drugs; thorities of Colombia and the front line TITLE II—ACTIVITIES SUPPORTED (3) to investigate and prosecute members states are making good faith efforts to en- Subtitle A—Democracy, Peace, the Rule of of Colombian irregular forces involved in sure the prompt extradition of each of the Law, and Human Rights in Colombia gross violations of internationally recog- persons sought by United States authorities; SEC. 201. SUPPORT FOR DEMOCRACY, PEACE, nized human rights; and and THE RULE OF LAW, AND HUMAN (4) to investigate and prosecute members (3) an analysis of— RIGHTS IN COLOMBIA. of Colombian security forces involved in (A) any legal obstacles in the laws of Co- (a) IN GENERAL.—The President is author- gross violations of internationally recog- lombia and of the front line states to the ized to support programs and activities to nized human rights.

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(b) FUNDING.—Amounts authorized to be (2) TRANSMITTAL BY SECRETARY OF STATE.— dent $200,000,000 for the period beginning Oc- appropriated by section 201(b) shall be avail- Not later than three months after the date of tober 1, 1999, and ending September 30, 2002, able to the President for purposes of activi- the enactment of this Act, the Secretary of to carry out subsection (a). ties under subsection (a). State shall submit the list prepared under (2) AVAILABILITY OF FUNDS.—Amounts ap- SEC. 204. REPORT ON COLOMBIAN MILITARY JUS- paragraph (1) to the Committee on Foreign propriated pursuant to paragraph (1) are au- TICE. Relations of the Senate and the Committee thorized to remain available until expended. (a) REPORT REQUIRED.—Not later than 90 on International Relations of the House of SEC. 213. ENHANCEMENT OF COLOMBIAN POLICE days after the date of enactment of this Act, Representatives. AND NAVY LAW ENFORCEMENT AC- the Secretary of State shall submit to the (d) DEFINITIONS.—In this section: TIVITIES NATIONWIDE. appropriate congressional committees a re- (1) CONTROLLED SUBSTANCE.—The term (a) AUTHORITY.—The President is author- port examining the efforts to strengthen and ‘‘controlled substance’’ has the meaning ized to support programs and activities by reform the military justice system of Colom- given the term in section 102(6) of the Con- the Government of Colombia, including its bia and making recommendations for direct- trolled Substances Act (21 U.S.C. 802(6)). security forces, to support anti-drug law en- ing assistance authorized by this Act for (2) HUMAN RIGHTS.—The term ‘‘human forcement activities by the National Police that purpose. rights violations’’ means gross violations of and Navy of Colombia nationwide, includ- (b) REPORT ELEMENTS.—The report re- internationally recognized human rights ing— quired by subsection (a) shall contain the within the meaning of sections 116 and 502B (1) acquisition of transport aircraft, spare following: of the Foreign Assistance Act of 1961. engines, and other parts, additional UH–1H (1) A review of the laws, regulations, direc- upgrade kits, forward-looking infrared sys- tives, policies, and practices of the military Subtitle B—Eradication of Drug Production tems, and other equipment for the National justice system of Colombia, including spe- and Interdiction of Drug Trafficking Police of Colombia; cific military reform measures being consid- SEC. 211. TARGETING NEW ILLICIT CULTIVATION (2) training and operation of specialized ered and implemented. AND MOBILIZING THE COLOMBIAN vetted units of the National Police of Colom- (2) An assessment of the extent to which SECURITY FORCES AGAINST THE bia; NARCOTRAFFICKING THREAT. the laws, regulations, directives, policies, (3) construction of additional bases for the (a) AUTHORITY.—The President is author- practices, and reforms relating to the mili- National Police of Colombia near its na- ized to support programs and activities by tary justice system have been effective in tional territorial borders; and the Government of Colombia, including its preventing and punishing human rights vio- (4) acquisition of 16 patrol aircraft, 4 heli- security forces, to target eradication and law lations, irregular forces, and narcotraffick- copters, forward-looking infrared systems, enforcement activities in areas of new cul- ing ties. and patrol boats to support for the nation- tivation of coca and opium poppy, includ- (3) Recommendations for the measures wide riverine and coastal patrol capabilities ing— necessary to strengthen and improve the ef- of the Navy of Colombia. (1) material support and technical assist- fectiveness and enhance the credibility of (b) AUTHORIZATION OF APPROPRIATIONS.— ance to aid the training, outfitting, deploy- the military justice system of Colombia. (1) IN GENERAL.—In addition to amounts SEC. 205. DENIAL OF VISAS TO AND INADMIS- ment, and operations of not less than three otherwise available for such purpose, there is SIBILITY OF ALIENS WHO HAVE counterdrug battalions of the Army of Co- authorized to be appropriated to the Presi- BEEN INVOLVED IN DRUG TRAF- lombia; FICKING AND HUMAN RIGHTS VIO- dent $205,000,000 for the period beginning Oc- (2) to support the acquisition of up to 15 tober 1, 1999, and ending September 30, 2002, LATIONS IN COLOMBIA. UH–60 helicopters or comparable transport (a) GROUNDS FOR DENIAL OF VISAS AND IN- to carry out subsection (a). helicopters, including spare parts, mainte- ADMISSIBILITY.—Except as provided in sub- (2) AVAILABILITY OF FUNDS.—Amounts ap- nance services and training, or aircraft up- section (b), the Secretary of State shall deny propriated pursuant to paragraph (1) are au- grade kits for the Army of Colombia; a visa to, and the Attorney General shall not thorized to remain available until expended. (3) communications and intelligence train- admit to the United States, any alien who SEC. 214. TARGETING ILLICIT ASSETS OF IRREG- the Secretary of State has credible evidence ing and equipment for the Army and Navy of ULAR FORCES. is a person who— Colombia; (a) ESTABLISHMENT OF TASK FORCE.—Not (1) is or was an illicit trafficker in any con- (4) additional aircraft for the National Po- later than three months after the date of en- trolled substance or has knowingly aided, lice of Colombia to enhance its eradication actment of this Act, the Secretary of the abetted, conspired, or colluded with others in efforts and to support its joint operations Treasury, in coordination with the Director the illicit trafficking in any controlled sub- with the military of Colombia; and of the Office of National Drug Control Pol- stance in Colombia; or (5) not less than $10,000,000 to support the icy, Attorney General, Secretary of State, (2) ordered, carried out, or materially as- urgent development of an application of nat- and Director of Central Intelligence, shall sisted in gross violations of internationally urally occurring and ecologically sound establish a task force to identify assets of ir- recognized human rights in Colombia. methods of eradicating illicit crops. regular forces that operate in Colombia for (b) EXCEPTIONS.— (b) AUTHORIZATION OF APPROPRIATIONS.— the purpose of imposing restrictions on (1) GROUNDS FOR EXCEPTION.—Subsection (1) IN GENERAL.—In addition to amounts transactions by such forces using the Presi- (a) does not apply in any case in which— otherwise available for such purpose, there is dent’s authority under the International (A) the Secretary of State finds, on a case authorized to be appropriated $540,000,000 for Emergency Economic Powers Act (50 U.S.C. by case basis, that— the period beginning October 1, 1999, and end- 1701). (i) the entry into the United States of the ing September 30, 2002, to carry out sub- (b) REPORT ON ASSETS OF IRREGULAR person who would otherwise be denied a visa section (a). FORCES.—Not later than 12 months after the or not admitted under this section is nec- (c) SENSE OF CONGRESS RELATING TO ERADI- date of enactment of this Act, the Secretary essary for medical reasons; or CATION.—It is the sense of Congress that the of the Treasury shall submit to Congress a (ii) the alien has cooperated fully with the Government of Colombia should commit report on measures taken in compliance with investigation of human rights violations; or itself immediately to the urgent develop- this section and recommend measures to tar- (B) the Attorney General of the United ment and application of naturally occurring get the unlawfully obtained assets of irreg- States determines, on a case-by-case basis, and ecologically sound methods for eradi- ular forces that operate in Colombia. that admission of the alien to the United cating illicit crops. SEC. 215. ENHANCEMENT OF REGIONAL INTER- States is necessary for law enforcement pur- SEC. 212. REINVIGORATION OF EFFORTS TO DICTION OF ILLICIT DRUGS. poses. INTERDICT ILLICIT NARCOTICS IN (a) AUTHORITY.—The President is author- (2) CONGRESSIONAL NOTIFICATION.—When- COLOMBIA. ized to support programs and activities by ever an alien described in subsection (a) is (a) AUTHORITY.—The President is author- the United States Government, the Govern- issued a visa pursuant to paragraph (1) or ad- ized to support programs and activities by ment of Colombia, and the governments of mitted to the United States pursuant to the Government of Colombia, including its the front line states to enhance interdiction paragraph (2), the Secretary of State or the security forces, to reinvigorate a nationwide of illicit drugs in that region. Attorney General, as appropriate, shall no- program to interdict shipments of illicit (b) AUTHORIZATION OF APPROPRIATIONS.—In tify in writing the Committee on Foreign drugs in Colombia, including— addition to amounts otherwise available for Relations of the Senate and the Committee (1) the acquisition of additional airborne such purposes, there is authorized to be ap- on International Relations of the House of and ground-based radar; propriated to the President $410,000,000 for Representatives of such action. (2) the acquisition of airborne intelligence the period beginning October 1, 1999, and end- (c) REPORTING REQUIREMENT.— and surveillance aircraft for the Colombian ing September 30, 2002, to carry out sub- (1) LIST OF THE UNITED STATES CHIEF OF MIS- Army; section (a), of which amount— SION.—The United States chief of mission to (3) the acquisition of additional aerial re- (1) up to $325,000,000 shall be available for Colombia shall transmit to the Secretary of fueling aircraft and fuel; and material support and other costs by United State a list of those individuals who have (4) the construction of remote airfields. States Government agencies to support re- been credibly alleged to have carried out (b) AUTHORIZATION OF APPROPRIATIONS.— gional interdiction efforts, of which— drug trafficking and human rights violations (1) IN GENERAL.—In addition to amounts (A) not less than $60,000,000 shall be avail- described in paragraphs (1) and (2) of sub- otherwise available for such purpose, there is able for the Drug Enforcement Administra- section (a). authorized to be appropriated to the Presi- tion;

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(B) not less than $40,000,000 shall be avail- (1) IN GENERAL.—In addition to amounts (e) AUTHORIZATION OF APPROPRIATIONS.— able for regional intelligence activities; and otherwise available for such purpose, there is (1) IN GENERAL.—In addition to amounts (C) not less than $30,000,000 for the acquisi- authorized to be appropriated for the Depart- otherwise available for such purpose, there is tion of surveillance and reconnaissance air- ment of Defense and the Department of authorized to be appropriated $180,000,000 for craft for use by the United States Southern State for each of fiscal years 2000, 2001, and the period beginning October 1, 1999, and end- Command primarily for detection and moni- 2002 an amount not to exceed the amount ing September 30, 2002, to carry out sub- toring in support of the interdiction of illicit equal to one percent of the total security as- section (b), including up to $50,000,000 for Co- drugs; and sistance for the Colombian armed forces for lombia, up to $90,000,000 for Bolivia, and up (2) up to $85,000,000 shall be available for such fiscal year for purposes of monitoring to $40,000,000 for Peru. the governments of the front line states to the use of United States assistance by the (2) AVAILABILITY OF FUNDS.—Amounts ap- increase the effectiveness of regional inter- Colombian armed forces, including moni- propriated pursuant to paragraph (1) are au- diction efforts. toring to ensure compliance with the provi- thorized to remain available until expended. (c) AVAILABILITY OF FUNDS.—Amounts ap- sions of this Act and the provisions of sec- f propriated pursuant to subsection (b) are au- tion 568 of the Foreign Operations, Export thorized to remain available until expended. Financing, and Related Programs Appropria- ADDITIONAL COSPONSORS (d) LIMITATION ON AVAILABILITY OF tions Act, 1999 (as contained in Public Law S. 185 FUNDS.—Funds made available to carry out 105–277; 112 Stat. 2681–195) and section 8130 of this section may be made available to a front At the request of Mr. ASHCROFT, the the Department of Defense Appropriations line state only after the President deter- Act, 1999 (Public Law 105–262; 112 Stat. 2335). name of the Senator from Indiana (Mr. mines and certifies to the appropriate con- (2) AVAILABILITY OF FUNDS.—Amounts ap- LUGAR) was added as a cosponsor of S. gressional committees that such state is co- propriated pursuant to paragraph (1) are au- 185, a bill to establish a Chief Agricul- operating fully with regional and bilateral aerial and maritime narcotics efforts or is thorized to remain available until expended. tural Negotiator in the Office of the (b) REPORTS.—Not later than six months taking extraordinary and effective measures United States Trade Representative. after the date of the enactment of this Act, on its own to impede suspicious aircraft or S. 620 and every six months thereafter, the Sec- maritime vessels through its territory. A de- retary of Defense and the Secretary of State At the request of Mr. SARBANES, the termination and certification with respect to shall jointly submit to the appropriate con- name of the Senator from Delaware a front line state under this subsection shall gressional committees a report on the moni- (Mr. ROTH) was added as a cosponsor of be effective for not more than 12 months. toring activities undertaken using funds au- SEC. 216. REVISED AUTHORITIES FOR PROVISION S. 620, a bill to grant a Federal charter OF ADDITIONAL SUPPORT FOR thorized to be appropriated by subsection (a) to Korean War Veterans Association, COUNTER-DRUG ACTIVITIES OF CO- during the six-month period ending on the Incorporated, and for other purposes. LOMBIA AND PERU. date of such report. S. 720 Section 1033 of the National Defense Au- (c) APPROPRIATE CONGRESSIONAL COMMIT- thorization Act for Fiscal Year 1998 (Public TEES DEFINED.—In this section, the term At the request of Mr. HELMS, the Law 105–85) is amended— ‘‘appropriate congressional committees’’ name of the Senator from Delaware (1) in the first sentence of subsection (a), means the following: (Mr. BIDEN) was added as a cosponsor of by inserting before the period at the end the (1) The Committees on Appropriations, S. 720, a bill to promote the develop- following: ‘‘, including but not limited to Armed Services, and Foreign Relations of ment of a government in the Federal riverine counter-drug activities’’; the Senate. Republic of Yugoslavia (Serbia and (2) in subsection (c), by adding at the end (2) The Committees on Appropriations, the following: Armed Services, and International Relations Montenegro) based on democratic prin- ‘‘(4) The operating costs of equipment of and the Permanent Select Committee on In- ciples and the rule of law, and that re- the government that is used for counter-drug telligence of the House of Representatives. spects internationally recognized activities.’’; and SEC. 219. DEVELOPMENT OF ECONOMIC ALTER- human rights, to assist the victims of (3) in subsection (e)(2), by striking ‘‘any of NATIVES TO THE ILLICIT DRUG Serbian oppression, to apply measures the fiscal years 1999 through 2002’’ and in- TRADE. against the Federal Republic of Yugo- (a) SENSE OF CONGRESS.—It is the sense of serting ‘‘the fiscal year 1999 and may not ex- slavia, and for other purposes. ceed $75,000,000 during the fiscal years 2000 Congress— through 2002’’. (1) to recognize the importance of well-con- S. 758 SEC. 217. SENSE OF CONGRESS ON ASSISTANCE structed programs for the development of At the request of Mr. ASHCROFT, the TO BRAZIL. economic alternatives to the illicit drug names of the Senator from Texas (Mrs. It is the sense of Congress that the Presi- trade in order to encourage growers to cease HUTCHISON) and the Senator from Mis- dent should— illicit crop cultivation; and sissippi (Mr. LOTT) were added as co- (1) review the nature of the cooperation be- (2) to stress the need to link enforcement sponsors of S. 758, a bill to establish tween the United States and Brazil in coun- efforts with verification efforts in order to ternarcotics activities; ensure that assistance under such programs legal standards and procedures for the (2) recognize the extraordinary threat that does not become a form of income supple- fair, prompt, inexpensive, and efficient narcotics trafficking poses to the national ment to the growers of illicit crops. resolution of personal injury claims security of Brazil and to the national secu- (b) SUPPORT FOR DEVELOPMENT OF ECO- arising out of asbestos exposure, and rity of the United States; NOMIC ALTERNATIVES.—The President is au- for other purposes. (3) support the efforts of the Government thorized to support programs and activities S. 1130 of Brazil to control drug trafficking in and by the United States Government and re- through the Amazon River basin; gional governments to enhance the develop- At the request of Mr. MCCAIN, the (4) share information with Brazil on nar- ment of economic alternatives to the illicit name of the Senator from Michigan cotics interdiction in accordance with sec- drug trade. (Mr. ABRAHAM) was added as a cospon- tion 1012 of the National Defense Authoriza- (c) PROHIBITION ON CERTAIN USE OF ALTER- sor of S. 1130, a bill to amend title 49, tion Act for Fiscal Year 1995 (22 U.S.C. 2291– NATIVE DEVELOPMENT ASSISTANCE.—No funds United States Code, with respect to li- 4) in light of the enactment of legislation by available under this Act for the development ability of motor vehicle rental or leas- the Congress of Brazil that— of economic alternatives to the illicit drug ing companies for the negligent oper- (A) authorizes appropriate personnel to trade may be used to reimburse persons for damage, render inoperative, or destroy air- the eradication of illicit drug crops. ation of rented or leased motor vehi- craft within Brazil territory that are reason- (d) LIMITATION ON USE OF FUNDS.—Funds cles. ably suspected to be engaged primarily in authorized to be appropriated by subsection S. 1144 trafficking in illicit narcotics; and (e) may only be made available to Colombia At the request of Mr. VOINOVICH, the (B) contains measures to protect against or a front line state after— names of the Senator from Delaware the loss of innocent life during activities re- (1) such state has provided to the United (Mr. ROTH) and the Senator from Mis- ferred to in subparagraph (A), including an States agency responsible for the adminis- effective measure to identify and warn air- tration of this section a comprehensive de- sissippi (Mr. LOTT) were added as co- craft before the use of force; and velopment strategy that conditions the de- sponsors of S. 1144, a bill to provide in- (5) issue a determination outlining the velopment of economic alternatives to the il- creased flexibility in use of highway matters referred to in paragraphs (1) through licit drug trade on verifiable illicit crop funding, and for other purposes. (4) in order to prevent any interruption in eradication programs; and S. 1242 the provision by the United States of critical (2) the President certifies to the appro- At the request of Mr. AKAKA, the operational, logistical, technical, adminis- priate congressional committees that such trative, and intelligence assistance to Brazil. strategy is comprehensive and applies suffi- names of the Senator from South Da- ASCHLE SEC. 218. MONITORING OF ASSISTANCE FOR CO- cient resources toward achieving realistic kota (Mr. D ) and the Senator LOMBIAN SECURITY FORCES. objectives to ensure the ultimate eradication from Georgia (Mr. CLELAND) were (a) AUTHORIZATION OF APPROPRIATIONS.— of illicit crops. added as cosponsors of S. 1242, a bill to

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12943 amend the Immigration and Nation- S. 1750 ‘‘(2) an independent physician who will not ality Act to make permanent the visa At the request of Mr. DEWINE, the perform nor be present at the abortion and waiver program for certain visitors to name of the Senator from New Jersey who was not previously involved in the treatment of the mother certifies in writing the United States. (Mr. TORRICELLI) was added as a co- that, in his or her medical judgment based S. 1249 sponsor of S. 1750, a bill to reduce the on the particular facts of the case, the con- At the request of Mr. TORRICELLI, the incidence of child abuse and neglect, tinuation of the pregnancy would threaten name of the Senator from Ohio (Mr. and for other purposes. the mother’s life or risk grievous injury to DEWINE) was added as a cosponsor of S. SENATE RESOLUTION 196 her physical health. ‘‘(b) NO CONSPIRACY.—No woman who has 1249, a bill to deny Federal public bene- At the request of Mr. WARNER, the fits to individuals who participated in had an abortion after fetal viability may be names of the Senator from Rhode Is- prosecuted under this chapter for conspiring Nazi persecution. land (Mr. CHAFEE), the Senator from to violate this chapter or for an offense S. 1327 Idaho (Mr. CRAPO), the Senator from under section 2, 3, 4, or 1512 of title 18. At the request of Mr. CHAFEE, the Massachusetts (Mr. KERRY), the Sen- ‘‘(c) MEDICAL EMERGENCY EXCEPTION.—The names of the Senator from Maine (Ms. ator from Indiana (Mr. LUGAR), the certification requirements contained in sub- SNOWE) and the Senator from Maine Senator from Virginia (Mr. ROBB), and section (a) shall not apply when, in the med- ical judgment of the physician performing (Ms. COLLINS) were added as cosponsors the Senator from Alabama (Mr. SES- the abortion based on the particular facts of of S. 1327, a bill to amend part E of SIONS) were added as cosponsors of Sen- the case before the physician, there exists a title IV of the Social Security Act to ate Resolution 196, a resolution com- medical emergency. In such a case, however, provide States with more funding and mending the submarine force of the after the abortion has been completed the greater flexibility in carrying out pro- United States Navy on the 100th anni- physician who performed the abortion shall grams designed to help children make versary of the force. certify in writing the specific medical condi- tion which formed the basis for determining the transition from foster care to self- SENATE RESOLUTION 204 sufficiency, and for other purposes. that a medical emergency existed. At the request of Mr. HATCH, the ‘‘§ 1532. Penalties. S. 1447 name of the Senator from Mississippi ‘‘(a) ACTION BY THE ATTORNEY GENERAL.— At the request of Mr. WELLSTONE, the (Mr. COCHRAN) was added as a cospon- The Attorney General, the Deputy Attorney name of the Senator from South Da- sor of Senate Resolution 204, a resolu- General, the Associate Attorney General, or kota (Mr. JOHNSON) was added as a co- tion designating the week beginning any Assistant Attorney General or United sponsor of S. 1447, a bill to amend the November 21, 1999, and the week begin- States Attorney specifically designated by Public Health Service Act, Employee ning on November 19, 2000, as ‘‘National the Attorney General may commence a civil action under this chapter in any appropriate Retirement Income Security Act of Family Week,’’ and for other purposes. 1974, and the Internal Revenue Code of United States district court to enforce the f provisions of this chapter. 1986 to provide for nondiscriminatory ‘‘(b) FIRST OFFENSE.—Upon a finding by coverage for substance abuse treat- AMENDMENTS SUBMITTED the court that the respondent in an action ment service under private group and commenced under subsection (a) has know- individual health coverage. ingly violated a provision of this chapter, S. 1452 A BILL TO BAN PARTIAL BIRTH the court shall notify the appropriate State At the request of Mr. SHELBY, the ABORTIONS medical licensing authority in order to effect names of the Senator from Idaho (Mr. the suspension of the respondent’s medical license in accordance with the regulations CRAPO) and the Senator from Maine and procedures developed by the State under (Ms. COLLINS) were added as cosponsors DURBIN (AND OTHERS) section 1533(b), or shall assess a civil penalty of S. 1452, a bill to modernize the re- AMENDMENT NO. 2319 against the respondent in an amount not to quirements under the National Manu- Mr. DURBIN (for himself, Ms. SNOWE, exceed $100,000, or both. ‘‘(c) SECOND OFFENSE—Upon a finding by factured Housing Construction and Ms. COLLINS, Mr. TORRICELLI, Ms. MI- the court that the respondent in an action Safety Standards of 1974 and to estab- KULSKI, Mr. LIEBERMAN, Ms. LANDRIEU, lish a balanced consensus process for commenced under subsection (a) has know- Mr. BINGAMAN, Mr. AKAKA, Mr. GRA- ingly violated a provision of this chapter and the development, revision, and inter- HAM, Mr. WELLSTONE, Mrs. LINCOLN, the respondent has been found to have know- pretation of Federal construction and and Mr. DODD) proposed an amendment ingly violated a provision of this chapter on safety standards for manufactured to the bill (S. 1692) to amend title 18, a prior occasion, the court shall notify the homes. United States Code, to ban partial appropriate State medical licensing author- S. 1464 birth abortions; as follows: ity in order to effect the revocation of the respondent’s medical license in accordance At the request of Mr. HAGEL, the Strike all after the enacting clause and in- with the regulations and procedures devel- name of the Senator from Arizona (Mr. sert the following: oped by the State under section 1533(b), or KYL) was added as a cosponsor of S. SECTION 1. SHORT TITLE. shall assess a civil penalty against the re- 1464, a bill to amend the Federal Food, This Act may be cited as the ‘‘Late Term spondent in an amount not to exceed $250,000, Drug, and Cosmetic Act to establish Abortion Limitation Act of 1999’’. or both. certain requirements regarding the SEC. 2. BAN ON CERTAIN ABORTIONS. ‘‘(d) HEARING.—With respect to an action Food Quality Protection Act of 1996, (a) IN GENERAL.—Title 18, United States under subsection (a), the appropriate State and for other purposes. Code, is amended by inserting after chapter medical licensing authority shall be given notification of and an opportunity to be S. 1561 73 the following: heard at a hearing to determine the penalty ‘‘CHAPTER 74—BAN ON CERTAIN At the request of Mr. ABRAHAM, the to be imposed under this section. ABORTIONS name of the Senator from Connecticut ‘‘(e) CERTIFICATION REQUIREMENTS.—At the (Mr. LIEBERMAN) was added as a co- ‘‘Sec. time of the commencement of an action sponsor of S. 1561, a bill to amend the ‘‘1531. Prohibition of post-viability abor- under subsection (a), the Attorney General, Controlled Substances Act to add tions. the Deputy Attorney General, the Associate ‘‘1532. Penalties. Attorney General, or any Assistant Attorney gamma hydroxybutyric acid and ‘‘1533. Regulations. ketamine to the schedules of control General or United States Attorney who has ‘‘1534. State law. been specifically designated by the Attorney substances, to provide for a national ‘‘1535. Definitions General to commence a civil action under awareness campaign, and for other pur- ‘‘§ 1531. Prohibition of Post-Viability Abortions. this chapter, shall certify to the court in- poses. ‘‘(a) IN GENERAL.—It shall be unlawful for volved that, at least 30 calendar days prior S. 1580 a physician to intentionally abort a viable to the filing of such action, the Attorney At the request of Mr. ROBERTS, the fetus unless the physician prior to per- General, the Deputy Attorney General, the name of the Senator from Utah (Mr. forming the abortion— Associate Attorney General, or any Assist- ‘‘(1) certifies in writing that, in the physi- ant Attorney General or United States At- BENNETT) was added as a cosponsor of cian’s medical judgment based on the par- torney involved— S. 1580, a bill to amend the Federal ticular facts of the case before the physician, ‘‘(1) has provided notice of the alleged vio- Crop Insurance Act to assist agricul- the continuation of the pregnancy would lation of this chapter, in writing, to the Gov- tural producers in managing risk, and threaten the mother’s life or risk grievous ernor or Chief Executive Officer and Attor- for other purposes. injury to her physical health; and ney General or Chief Legal Officer of the

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12944 CONGRESSIONAL RECORD — SENATE October 20, 1999 State or political subdivision involved, as gally authorized to practice medicine and is endangered by a physical disorder, illness, well as to the State medical licensing board surgery by the State in which the doctor per- or injury. or other appropriate State agency; and forms such activity, or any other individual SENSE OF CONGRESS.—It is the sense of the ‘‘(2) believes that such an action by the legally authorized by the State to perform Congress that partial birth abortions are United States is in the public interest and abortions, except that any individual who is horrific and gruesome procedures that necessary to secure substantial justice. not a physician or not otherwise legally au- should be banned. thorized by the State to perform abortions, ‘‘§ 1533. Regulations. f ‘‘(a) FEDERAL REGULATIONS.— but who nevertheless directly performs an ‘‘(1) IN GENERAL.—Not later than 60 days abortion in violation of section 1531 shall be NOTICE OF HEARING after the date of enactment of this chapter, subject to the provisions of this chapter.’’. COMMITTEE ON SMALL BUSINESS the Secretary of Health and Human Services (b) CLERICAL AMENDMENT.—The table of shall publish proposed regulations for the fil- chapters for part I of title 18, United States Mr. BOND. Mr. President, I wish to ing of certifications by physicians under this Code, is amended by inserting after the item announce that the Committee on Small chapter. relating to chapter 73 the following new Business will hold a hearing entitled ‘‘(2) REQUIREMENTS.—The regulations item: ‘‘EPA Fails Small Businesses: EPA under paragraph (1) shall require that a cer- ‘‘74. Ban on certain abortions ...... 1531.’’. Fails to Consider Small Businesses tification filed under this chapter contain— During Recent Rulemaking.’’ The hear- ‘‘(A) a certification by the physician per- BOXER AMENDMENT NO. 2320 forming the abortion, under threat of crimi- ing will be held on Thursday, October nal prosecution under section 1746 of title 28, Mrs. BOXER proposed an amendment 28, 1999, beginning at 9:30 a.m. in room that, in his or her best medical judgment, to amendment No. 2319 proposed by Mr. 428 Russell Senate Office Building. the abortion performed was medically nec- DURBIN to the bill, S. 1692, supra; as fol- For further information, please con- essary pursuant to this chapter; lows: tact John Stoody or Marc Freedman at ‘‘(B) a description by the physician of the 224–5175. medical indications supporting his or her At the end of the bill, add the following: judgment; SEC. . SENSE OF CONGRESS. f ‘‘(C) a certification by an independent phy- It is the sense of the Congress that, con- AUTHORITY FOR COMMITTEES TO sistent with the rulings of the Supreme sician pursuant to section 1531(a)(2), under MEET threat of criminal prosecution under section Court, a woman’s life and health must al- 1746 of title 28, that, in his or her best med- ways be protected in any reproductive health COMMITTEE ON COMMERCE, SCIENCE, AND ical judgment, the abortion performed was legislation passed by Congress. TRANSPORTATION medically necessary pursuant to this chap- Mr. HUTCHINSON. Mr. President, I ter; and HARKIN AMENDMENT NO. 2321 ask unanimous consent that the Sen- ‘‘(D) a certification by the physician per- ate Committee on Commerce, Science, forming an abortion under a medical emer- Mr. HARKIN proposed an amendment gency pursuant to section 1531(c), under to amendment No. 2320 proposed by and Transportation be authorized to threat of criminal prosecution under section Mrs. BOXER to the bill, S. 1692, supra; meet on Wednesday, October 20, 1999, at 1746 of title 28, that, in his or her best med- as follows: 9:30 a.m. on effects of performance en- ical judgment, a medical emergency existed, At the appropriate place, insert the fol- hancing drugs on the health of athletes and the specific medical condition upon lowing: and athletic competition in SD–106. which the physician based his or her deci- The PRESIDING OFFICER. Without sion. SEC. ll. SENSE OF CONGRESS CONCERNING ROE V. WADE. objection, it is so ordered. ‘‘(3) CONFIDENTIALITY.—The Secretary of Health and Human Services shall promulgate (a) FINDINGS.—Congress finds that— COMMITTEE ON ENERGY AND NATURAL regulations to ensure that the identity of a (1) reproductive rights are central to the RESOURCES mother described in section 1531(a)(1) is kept ability of women to exercise their full rights Mr. HUTCHINSON. Mr. President, I confidential, with respect to a certification under Federal and State law; ask unanimous consent that the Com- (2) abortion has been a legal and constitu- filed by a physician under this chapter. mittee on Energy and Natural Re- ‘‘(b) STATE REGULATIONS.—A State, and the tionally protected medical procedure throughout the United States since the Su- sources be granted permission to meet medical licensing authority of the State, during the session of the Senate on shall develop regulations and procedures for preme Court decision in Roe v. Wade (410 U.S. the revocation or suspension of the medical 113 (1973)); Wednesday, October 20, for purposes of license of a physician upon a finding under (3) the 1973 Supreme Court decision in Roe conducting a Full Committee business section 1532 that the physician has violated a v. Wade established constitutionally based meeting which is scheduled to begin at provision of this chapter. A State that fails limits on the power of States to restrict the 9:30 a.m. The purpose of this business to implement such procedures shall be sub- right of a woman to choose to terminate a meeting is to consider pending cal- pregnancy; and ject to loss of funding under title XIX of the endar business. Social Security Act. (4) women should not be forced into illegal and dangerous abortions as they often were The PRESIDING OFFICER. Without ‘‘§ 1534. State Law. prior to the Roe v. Wade decision. objection, it is so ordered. ‘‘(a) IN GENERAL.—The requirements of this (b) SENSE OF CONGRESS.—It is the sense of chapter shall not apply with respect to post- COMMITTEE ON FINANCE the Congress that— viability abortions in a State if there is a Mr. HUTCHINSON. Mr. President, I (1) Roe v. Wade was an appropriate decision State law in effect in that State that regu- ask unanimous consent that the Com- and secures an important constitutional lates, restricts, or prohibits such abortions right; and mittee on Finance be permitted to to the extent permitted by the Constitution (2) such decision should not be overturned. meet on Wednesday, October 20, 1999 at of the United States. 10 a.m. in Executive Session to mark ‘‘(b) DEFINITION.—In subsection (a), the up the Tax Extenders Bill. term ‘State law’ means all laws, decisions, SANTORUM AMENDMENT NO. 2322 The PRESIDING OFFICER. Without rules, or regulations of any State, or any Mr. SANTORUM proposed an amend- other State action, having the effect of law. objection, it is so ordered. ment to the motion to recommit pro- ‘‘§ 1535. Definitions. COMMITTEE ON FOREIGN RELATIONS posed by him to the bill, S. 1692, supra; ‘‘In this chapter: Mr. HUTCHINSON. Mr. President, I as follows: ‘‘(1) GRIEVOUS INJURY.— ask unanimous consent that the Com- ‘‘(A) IN GENERAL.—The term ‘grievous in- At the end of the instructions insert the mittee on Foreign Relations be author- jury’ means— following: ized to meet during the session of the ‘‘(i) a severely debilitating disease or im- SEC. . SENSE OF CONGRESS CONCERNING ROE Senate on Wednesday, October 20, 1999 pairment specifically caused or exacerbated V. WADE AND PARTIAL BIRTH ABOR- by the pregnancy; or TION BANS. at 2 p.m. to hold a hearing. ‘‘(ii) an inability to provide necessary FINDINGS.—Congress finds that— The PRESIDING OFFICER. Without treatment for a life-threatening condition. (1) Abortion has been a legal and constitu- objection, it is so ordered. ‘‘(B) LIMITATION.—The term ‘grievous in- tionally protected medical procedure COMMITTEE ON INDIAN AFFAIRS jury’ does not include any condition that is throughout the United States since the Su- Mr. HUTCHINSON. Mr. President, I not medically diagnosable or any condition preme Court decision in Roe v. Wade (410 U.S. for which termination of the pregnancy is 113 (1973)); ask unanimous consent that the Sen- not medically indicated. (2) No partial birth abortion ban shall ate Committee on Indian Affairs be au- ‘‘(2) PHYSICIAN.—The term ‘physician’ apply to a partial-birth abortion that is nec- thorized to meet during the session of means a doctor of medicine or osteopathy le- essary to save the life of a mother whose life the Senate on Wednesday, October 20,

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12945 1999 at 9:30 a.m. to mark up pending State of South Dakota for the purpose nies to the next level. Though women legislation to be followed by a hearing of mitigating lost wildlife habitat, on are starting high-growth business at on Indian Reservation Roads and the the condition that the current pref- unprecedented rates, they currently ac- Transportation Equity Act in the 21st erential leaseholders shall have an op- cess less than 5 percent of all venture Century (TEA–21). tion to purchase from the Commission, capital investments. The hearing will be held in room 485, and for other purposes; and S. 1723, a Mr. President, the strength of the Russell Senate Building. bill to establish a program to authorize economy of Illinois and the Nation de- The PRESIDING OFFICER. Without the Secretary of the Interior to plan, pends upon the success of enterprises objection, it is so ordered. design, and construct facilities to miti- like Unisource. The opportunities to SUBCOMMITTEE ON THE JUDICIARY gate impacts associated with irrigation launch and grow businesses and the de- Mr. HUTCHINSON. Mr. President, system water diversions by local gov- mand for training and capital have The Committee on the Judiciary re- ernmental entities in the Pacific Ocean never been greater. In order for these quests unanimous consent to conduct a drainage of the States of Oregon, Wash- new businesses to flourish, we must en- hearing on Wednesday, October 20, 1999 ington, Montana, and Idaho. sure that their access to capital and at 9 a.m. in Dirksen Room 226. The PRESIDING OFFICER. Without markets is unimpeded and that they The PRESIDING OFFICER. Without objection, it is so ordered. have information and resources they need to compete at the speed of the objection, it is so ordered. f Internet.∑ SUBCOMMITTEE ON RATES AND ADMINISTRATION ADDITIONAL STATEMENTS Mr. HUTCHINSON. Mr. President, I f ask unanimous consent that the Com- IN RECOGNITION OF NATIONAL mittee on Rules and Administration be NATIONAL WOMEN’S BUSINESS WOMEN’S BUSINESS WEEK authorized to meet during the session WEEK ∑ Mrs. FEINSTEIN. Mr. President. I of the Senate on Wednesday, October ∑ Mr. DURBIN. Mr. President, I rise rise today in recognition of ‘‘National 20, 1999 at 9:30 a.m. to conduct an over- today in recognition of the tremendous Women’s Business Week’’ and of the sight hearing on the operations of the economic contributions made by vital role women business-owners play Architect of the Capitol. women business owners in Illinois and in our economy. The PRESIDING OFFICER. Without to recognize the work of the Women’s I would also like to recognize the ap- objection, it is so ordered. Business Development Center, a wom- pointment of Vivian L. Shimoyama to SUBCOMMITTEE ON EMERGING THREATS AND an’s business training and technical as- the National Women’s Business Coun- CAPABILITIES sistance center that has assisted over cil. Ms. Shimoyama is the Founder and Mr. HUTCHINSON. Mr. President, I 30,000 women in realizing their dreams President of Breakthru Unlimited, a ask unanimous consent that the Sub- of business ownership. California company that designs and committee on Emerging Threats and The newest statistics from the Na- manufactures projects with a message: Capabilities of the Committee on tional Foundation for Women’s Busi- hand-made glass artwork of jewelry, Armed Services be authorized to meet ness Ownership confirm that women executive gifts, limited editions, and at 9:30 a.m. on Wednesday, October 20, entrepreneurs now make up more than custom awards. A brilliant sample of 1999, in open session, to receive testi- 38 percent of all business and continue her work is her ‘‘Breaking the Ceiling’’ mony on the efforts of the military to be the most dynamic, fastest grow- line of jewelry that has adorned the la- services in implementing joint experi- ing sector of our Nation’s economy. I pels of Hillary Clinton and Elizabeth mentation. am proud to tell you that there are Dole. Currently, she serves as the Chair The PRESIDING OFFICER. Without now 384,700 women-owned businesses in of the National Association of Women objection, it is so ordered. Illinois, employing 1.5 million workers Business Owners—Los Angeles. In 1999, she was honored as the Small Business SUBCOMMITTEE ON WATER AND POWER and generating $195 billion in annual Mr. HUTCHINSON. Mr. President, I sales, a growth of 139 percent in 7 Administration’s ‘‘Women Business Ad- ask unanimous consent that the Sub- years. vocate of the Year’’. Ms. Shimoyama runs one of the 1.2 committee on Water and Power of the Women business owners in Illinois million women-owned businesses Committee on Energy and Natural Re- area vibrant sector of our State econ- headquartered in California. According sources be granted permission to meet omy and strong advocates for women’s to a study by the National Foundation during the session of the Senate on business ownership nationwide. Re- for Women Business Owners (NFWBO), Wednesday, October 20, for purposes of cently one of Illinois’s own, Sheila G. these businesses employ 3.8 million conducting a Water and Power Sub- Talton, president and CEO of Unisource workers and generate $548 billion in an- committee hearing which is scheduled Network Services, Inc., headquartered nual sales, a growth of 164 percent in to begin at 2:30 p.m. The purpose of in Chicago, was appointed to serve on seven years. this hearing is to receive testimony on the National Women’s Business Coun- Without a doubt, women entre- S. 1167, a bill to amend the Pacific cil. Unisource Network Services pro- preneurs have played a crucial part in Northwest Power Planning and Con- vides network interrogation con- the growth of our economy. NFWBO re- servation Act to provide for expanding sulting, including voice, data and ports that between 1987 and 1999, the the scope of the Independent Scientific multimedia consulting. Ms. Talton, number of women-owned firms in- Review Panel; S. 1694, a bill to direct who has 20 years of experience in the creased by 103 percent nationwide, em- the Secretary of the Interior to con- information systems and telecommuni- ployment increased by 320 percent, and duct a study of the reclamation and cations field, formed the company in sales increased by 436 percent. As of reuse of water and wastewater in the 1986 and sales are projected at $17 mil- 1999, there are 9.1 million women- State of Hawaii; S. 1612, a bill to direct lion this fiscal year. The company serv- owned businesses in the U.S., which the Secretary of the Interior to convey ices an elite class of Fortune 500 com- employ 27.5 million people and gen- certain irrigation project property to panies, major educational and health erate over $3.6 trillion in sales. To put certain irrigation and reclamation dis- care institutions and public agencies. the sales of these businesses into con- tricts in the State of Nebraska; S. 1474, Unisource Network Services exempli- text, they are twice the size of the Fed- a bill providing conveyance of the Pal- fies the type of high-growth business eral budget, and greater than the Gross metto Band project to the State of that is attractive to investors in Illi- National Product of every country in Texas; S. 1697, a bill to authorize the nois and around the country. In fact, the world but the United States and Secretary of the Interior to refund cer- Ms. Talton financed the growth of her Japan. tain collections received pursuant to technology company with venture cap- An increasing number of these busi- the Reclamation Reform Act of 1982; S. ital investments. Unfortunately her nesses have focused on emerging indus- 1178, a bill to direct the Secretary of story is usual; I’m told that most tries such as high technology. These the Interior to convey certain parcels women entrepreneurs are having dif- businesses demand a greater access to of land acquired for the Blunt Res- ficulties raising the capital they need capital and information resources than ervoir and Pierre Canal features of the to take their technology-based compa- ever before.

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12946 CONGRESSIONAL RECORD — SENATE October 20, 1999 Mr. President, I will do all I can to PPS by HCFA, which, as I discussed be- the accomplishments of Mr. Douglas C. ensure that the women in my state and fore, seems to have a predisposition to- Strain, ESI’s founder and first presi- all over the country have access to the wards underpaying for necessary serv- dent and chairman of ESI’s board. opportunities and resources they need ices. Established in Portland in 1944, ESI to start new business ventures. How- The result, Mr. President, is that was among the first high-technology ever it is also imperative that we in- beneficiaries are increasingly denied companies in Oregon. Since that time, vest in the business development re- access to lower-cost Skilled Nursing ESI has grown into a global leader in sources that will help women sustain Facilities and are forced to continue the manufacturer of precision laser and grow these new businesses. This care in higher-cost hospitals where trimmers and memory repair equip- small investment yields big returns in they also may not be able to get the ment, as well as a worldwide supplier the form of job creation, revenues, and most appropriate level of rehabilitative of electronic production equipment. overall growth of the nation’s econ- care. S. 1500, introduced by Senator From humble beginnings, ESI has be- omy.∑ HATCH, attempts to address the over- come a $200 million company, employ- f reaching of HCFA directly and swiftly. ing more than 900 individuals in Oregon First, it would provide for payment and around the world, and helping to MEDICARE BENEFICIARY ACCESS ‘‘add-ons’’ for the provision of addi- establish Oregon as one of this coun- TO QUALITY NURSING HOME tional treatment in the care of the try’s high-tech capitals. CARE ACT OF 1999 medically complex patient. Second, it Accomplishments such as these are ∑ Mr. ABRAHAM. Mr. President, on restores one percentage point of the re- often born of tough challenges. Having the 13th of October, I was proud to co- ductions to the annual inflation adjus- overcome a devastating fire in the sponsor S. 1500, the Medicare Bene- tor mandated by BBA–97. Although the 1950’s, ESI had to rebuild itself from ficiary Access to Quality Nursing inflation adjustment reduction was di- the ground up, and has had to re-invent Home Care Act of 1999. When Congress rectly written in the BBA–97 language, itself on a number of occasions since worked with the President to craft and it’s revision provides Congress the that time. The company has proven pass the Balanced Budget Act of 1997, it most direct and simplest way to coun- itself adept at adapting to the fast-pace included a number of desperately need- teract the excesses of HCFA. that characterizes the high-technology ed cost-saving measures to ensure that Mr. President, I am heartened that sector. From test and calibration Medicare did not go bankrupt. At the HCFA has recognized the flaws in the equipment, electron microscopy, and time, Medicare was projected to be current PPS system and is undertaking analog computing to laser trimming, bankrupt by 2001 with annual costs ris- a review of this system. However, that memory repair and vision, handling, ing at three times the rate of inflation. review will not be completed until next packaging, and drilling technologies, However, the Health Care Financing year. Our Skilled Nursing Facilities ESI products have always been at the Administration, which oversees the ad- need these restorations now in order to leading edge of technology develop- ministration of Medicare, has far ex- continue to provide our Medicare bene- ments. ceeded the scope of the Balanced Budg- ficiaries continued and uninterrupted I especially pay tribute to a remark- et Act of 1997, and gone beyond the in- care. That is why I fully support this able Oregonian, Electro Scientific’s tent of Congress in scaling back health legislation, am cosponsoring it, and founder, Mr. Douglas C. Strain. On Oc- care provider reimbursements. Driven call on my colleagues to do the same as tober 24, Doug will celebrate both his by a philosophy that the Federal Gov- soon as possible.∑ 80th birthday and his retirement from ernment knows best how to handle f ESI’s board of directors. Mr. Strain’s your health care decisions, this admin- vision and perseverance have brought istration has uniformly adopted poli- THIRD ANNUAL CAUCUS FOR PO- the company successfully to the end of cies that limit Medicare beneficiary TOMAC HERITAGE NATIONAL this century, and I believe that ESI choice, obstruct critically needed mar- SCENIC TRAIL will continue on with equal success ket-based reforms, and relentlessly ∑ Mr. ROBB. Mr. President, I rise to well into the next century. I congratu- pursued a strategy of reducing pay- recognize the Third Annual Caucus for late Doug on his accomplishments and ments to providers as the prime meth- the Potomac Heritage National Scenic wish him the very best as he under- od to reduce outlays. Trail, to be held on October 22, 1999. takes new challenges in his life.∑ Sometimes such a ‘‘Washington- Designated by Congress in 1983, the f knows-best’’ strategy just doesn’t Potomac Heritage Trail is unlike any work. The fact of the matter is, health other trail in the National Trails Sys- IN PRAISE OF METS OUTFIELDER care providers will bear costs that can- tem. The corridor which follows ‘‘Our BENNY AGBAYANI not be overlooked or undervalued sim- Nation’s River’’ includes both the boy- ∑ Mr. AKAKA. Mr. President, the boys ply because HCFA wishes to declare it hood home and Mt. Vernon estate of of summer rarely disappoint us, and so. This has been especially prevalent our first President, George Wash- last night’s final game of the National in the area of Skilled Nursing Facility ington, significant greenways and League playoffs once again confirmed care. The recently implemented Pro- parks, and nearby centers of commerce that baseball is truly America’s pas- spective Payment System (PPS) fails which are vital to the economic vital- time. The series captivated television to account for the full range of services ity of Virginia and the capital region. audiences as the Mets and Braves went required by most Medicare bene- I congratulate the National Park head to head in extra innings in their ficiaries provided care in these facili- Service, the Potomac Heritage Part- last two games: Sunday’s game was the ties. nership, the Northern Virginia Plan- longest in playoff history—lasting Specifically, the PPS implemented ning District Commission and other ad- more than five hours, and last night’s by HCFA has a payment schedule vocates of this National Scenic Trail in game was not decided until the bottom called Resource Utilization Groups persevering in their efforts to increase of the 11th—just past midnight. (RUGs) that are intended to account opportunities for enhancing commerce, I want to single out Hawaii’s own, for the needs of individual bene- conservation and cultural initiatives Benny Agbayani, the star New York ficiaries. However, these RUGs have along the Potomac River. I wish them outfielder, who proudly wears number failed to account for the full range of continued success in the years to 50 for the 50th state. Benny had an il- needs of these beneficiaries, especially come.∑ lustrious playoff season and proved he for the medically complex patient. f is an invaluable addition to the Mets While private market insurance is sig- starting lineup. After playing in Triple nificantly better at recognizing the IN RECOGNITION OF DOUGLAS C. A since 1993, the Hawaii outfielder was needs of the medically complex pa- STRAIN called up by the Mets in early May to tient, the failure of this administration ∑ Mr. WYDEN. Mr. President, I am replace the injured Bobby Bonilla. He to allow for any type of market-based pleased today to recognize the 55th an- secured his slot by batting .400 and hit- reform to move forward has forced us niversary of Electro Scientific Indus- ting 10 home runs by mid-June. The to rely upon the implementation of the tries, Incorporated, ESI, and to honor former St. Louis School and Hawaii

VerDate Mar 15 2010 22:07 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S20OC9.REC S20OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1999 CONGRESSIONAL RECORD — SENATE S12947 Pacific University all-state athlete has The bill (H.R. 1663) was passed. ate, I now ask unanimous consent the made Hawaii proud and has captured f Senate stand in adjournment under the the nation’s attention with his previous order. strength at bat, agility on the field, ORDERS FOR THURSDAY, OCTOBER There being no objection, the Senate, and grace in waiting for his place in 21, 1999 at 10:30 p.m., adjourned until Thursday, baseball history. Mr. SANTORUM. Mr. President, I October 21, 1999, at 9:30 a.m. My aloha to Benny, his recent bride ask unanimous consent that when the Niela, and their families.∑ Senate completes its business today it f f adjourn until the hour of 9:30 a.m. I CHANGE OF CONFEREE further ask consent that on Thursday, NOMINATIONS immediately following the prayer, the Mr. SANTORUM. Mr. President, I Journal of proceedings be approved to Executive nominations received by ask unanimous consent that Senator date, the morning hour be deemed to the Senate October 20, 1999: DOMENICI be added as a conferee in lieu have expired, the time for the two lead- DEPARTMENT OF COMMERCE of Senator KYL to the conference to ac- ers be reserved for their use later in LINDA J. BILMES, OF CALIFORNIA, TO BE AN ASSIST- company the D.C. appropriations bill. ANT SECRETARY OF COMMERCE, VICE W. SCOTT GOULD, the day, and the Senate then resume RESIGNED. The PRESIDING OFFICER. Without debate on S. 1692, the partial-birth LINDA J. BILMES, OF CALIFORNIA, TO BE CHIEF FINAN- objection, it is so ordered. CIAL OFFICER, DEPARTMENT OF COMMERCE, VICE W. abortion bill. SCOTT GOULD, RESIGNED. f The PRESIDING OFFICER. Without DEPARTMENT OF STATE objection, it is so ordered. NATIONAL MEDAL OF HONOR JAMES B. CUNNINGHAM, OF PENNSYLVANIA, TO BE A SITES IN CALIFORNIA, INDIANA, f REPRESENTATIVE OF THE UNITED STATES OF AMERICA AND SOUTH CAROLINA TO THE SESSIONS OF THE GENERAL ASSEMBLY OF THE PROGRAM UNITED NATIONS DURING HIS TENURE OF SERVICE AS Mr. SANTORUM. Mr. President, I DEPUTY REPRESENTATIVE OF THE UNITED STATES OF Mr. SANTORUM. For the informa- AMERICA TO THE UNITED NATIONS. ask unanimous consent that the Armed DONALD STUART HAYS, OF VIRGINIA, TO BE AN ALTER- Services Committee be discharged from tion of all Senators, the Senate will re- NATE REPRESENTATIVE OF THE UNITED STATES OF sume consideration of the partial-birth AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY further consideration of H.R. 1663, and OF THE UNITED NATIONS DURING HIS TENURE OF SERV- the Senate now proceed to its consider- abortion bill tomorrow morning. By a ICE AS REPRESENTATIVE OF THE UNITED STATES OF previous order, the Senate will proceed AMERICA TO THE UNITED NATIONS FOR UN MANAGE- ation. MENT AND REFORM. to a vote on the pending Harkin The PRESIDING OFFICER. Without THE JUDICIARY objection, it is so ordered. amendment after 2 hours of debate. Therefore, Senators can anticipate the JAMES D. WHITTEMORE, OF FLORIDA, TO BE UNITED The clerk will report the bill by title. STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF The legislative clerk read as follows: first vote on Thursday at approxi- FLORIDA VICE WILLIAM TERRELL HODGES, RETIRED. mately 11:30 a.m. unless time is yielded RICHARD C. TALLMAN, OF WASHINGTON, TO BE UNITED A bill (H.R. 1663) to designate as a national STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE memorial the memorial being built at the back. Debate on the bill is expected to BETTY BINNS FLETCHER, RETIRED. Riverside National Cemetery in Riverside, be completed during tomorrow’s ses- IN THE AIR FORCE California, to honor recipients of the Medal sion of the Senate. Consequently, Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT of Honor. ators can expect votes on amendments IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE There being no objection, the Senate and final passage of the bill. The Sen- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION proceeded to consider the bill. ate may also consider any appropria- 601: Mr. SANTORUM. Mr. President, I tions conference reports ready for ac- To be general ask unanimous consent that the bill be tion. GEN. JOHN P. JUMPER, 0000. read a third time, and passed, the mo- f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tion to reconsider be laid upon the IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ADJOURNMENT UNTIL 9:30 A.M. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE table, and that any statements relating AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION to the bill be printed in the RECORD. TOMORROW 601: The PRESIDING OFFICER. Without Mr. SANTORUM. If there is no fur- To be general objection, it is so ordered. ther business to come before the Sen- LT. GEN. GREGORY S. MARTIN, 0000.

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